§ 76.205   Origination cablecasts by legally qualified candidates for public
office; equal opportunities.

   (a) General requirements. No cable television system is required to permit
   the use of its facilities by any legally qualified candidate for public
   office,  but  if any system shall permit any such candidate to use its
   facilities, it shall afford equal opportunities to all other candidates for
   that office to use such facilities. Such system shall have no power of
   censorship over the material broadcast by any such candidate. Appearance by
   a legally qualified candidate on any:

   (1) Bona fide newscast;

   (2) Bona fide news interview;

   (3)  Bona fide news documentary (if the appearance of the candidate is
   incidental to the presentation of the subject or subjects covered by the
   news documentary); or

   (4)  On-the-spot coverage of bona fide news events (including, but not
   limited to political conventions and activities incidental thereto) shall
   not be deemed to be use of a system. (section 315(a) of the Communications
   Act.)

   (b)  Uses. As used in this section and § 76.206, the term “use” means a
   candidate appearance (including by voice or picture) that is not exempt
   under paragraphs 76.205 (a)(1) through (a)(4) of this section.

   (c) Timing of request. A request for equal opportunities must be submitted
   to the system within 1 week of the day on which the first prior use giving
   rise to the right of equal opportunities occurred: Provided, however, That
   where the person was not a candidate at the time of such first prior use, he
   or she shall submit his or her request within 1 week of the first subsequent
   use after he or she has become a legally qualified candidate for the office
   in question.

   (d) Burden of proof. A candidate requesting equal opportunities of the
   system or complaining of noncompliance to the Commission shall have the
   burden  of  proving that he or she and his or her opponent are legally
   qualified candidates for the same public office.

   (e)  Discrimination  between  candidates.  In making time available to
   candidates  for public office, no system shall make any discrimination
   between candidates in practices, regulations, facilities, or services for or
   in connection with the service rendered pursuant to this part, or make or
   give any preference to any candidate for public office or subject any such
   candidate to any prejudice or disadvantage; nor shall any system make any
   contract or other agreement which shall have the effect of permitting any
   legally  qualified candidate for any public office to cablecast to the
   exclusion of other legally qualified candidates for the same public office.

   [ 57 FR 210 , Jan. 3, 1992, as amended at  59 FR 14568 , Mar. 29, 1994]

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