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last day of the month to which the report pertains. The report shall be filed with the Board's Bureau of Accounts and Statistics not later than the 20th day following the end of the calendar month to which the report pertains and shall include (1) the credit limitation established for such person; (2) the balance, if any, of the amount payable for transportation not paid in advance; (3) any unpaid balance of the charges for such transportation as of the last day of the month covered by the report, and the length of time that such balance has remained unpaid; and (4) a description of the type and value of any bond, collateral, or other security securing such unpaid balance. (SPR-53, 37 FR 9388, May 10, 1972, as amended by SPR-190, 47 FR 32414, July 27, 1982)
tion to a candidate for political office or a person acting on his behalf;
(2) All statements, invoices, bills, and receipts with respect to the furnishing of such transportation referred to in paragraph (a)(1) of this section.
(b) Every air carrier shall make the documents listed in this section available in the United States upon request by an authorized representative of the Board and shall permit such representative to make such notes and copies thereof as he deems appropriate.
8 374a.7 Record retention requirements.
(a) Every air carrier subject to the part shall retain for 2 years after a Federal election true copies of the following documents at its principal or general office in the United States.
(1) All documents which evidence or reflect the furnishing of transporta
8 374a.8 Prospective application of part.
The provisions of this part shall apply only to the extension of credit by an air carrier to a candidate, or to a person acting on his behalf, which is made subsequent to the effective date of this part, and shall not be applicable to debts incurred prior to such date but which are unpaid as of the effective date of this part. The provisions of this part will be applicable, however, to all credit transactions which occur subsequent to the effective date of the part even though the credit account in which the transaction takes place was opened prior to the effective date of the part.
FEDERAL COMMUNICATIONS COMMISSION
PART 64-MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
Sec. 64.801 Purpose. 64.802 Applicability. 64.803 Definitions. 64.804 Rules governing the extension of
unsecured credit to candidates or persons on behalf of such candidates for Federal office for interstate and foreign
common carrier communication services. AUTHORITY: Secs. 4, 201, 202, 203, 218, 219, 48 Stat. 1066, 1070, 1077; 47 U.S.C. 154, 201, 202, 203, 218, 219; sec. 401, 86 Stat. 19; 2 U.S.C. 451.
SOURCE: FCC 72-390, 37 FR 9393, May 10, 1972, unless otherwise noted.
EDITORIAL NOTE: This part also codified as 47 CFR Part 64, Subpart H.
(b) "Election" means (1) a general, special, primary, or runoff election, (2) a convention or caucus of a political party held to nominate a candidate, (3) a primary election held for the selection of delegates to a national nominating convention of a political party, and (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of President.
(C) “Federal office" means the office of President or Vice President of the United States; or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States.
(d) “Person" means an individual, partnership, committee, association, corporation, labor organization, and any other organization or group of persons.
(e) "Unsecured credit” means the furnishing of service without maintaining on a continuing basis advance payment, deposit, or other security, that is designed to assure payment of the estimated amount of service for each future 2 month period. with revised estimates to be made on at least a monthly basis.
8 64.801 Purpose.
Pursuant to section 401 of the Federal Election Campaign Act of 1971, Pub. L. 92-225, these rules prescribe the general terms and conditions for the extension of unsecured credit by a communication common carrier to a candidate or person on behalf of such candidate for Federal office.
8 64.802 Applicability.
These rules shall apply to each communication common carrier subject to the whole or part of the Communications Act of 1934, as amended.
8 64.803 Definitions.
For the purposes of this subpart:
(a) “Candidate” means an individual who seeks nomination for election, or election, to Federal office, whether or not such individual is elected, and an individual shall be deemed to seek nomination for election, or election, if he has (1) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, to Federal office, or (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office.
8 64.804 Rules governing the extension of
unsecured credit to candidates or persons on behalf of such candidates for Federal office for interstate and for. eign common carrier communication
services. (a) There is no obligation upon a carrier to extend unsecured credit for interstate and foreign communication services to a candidate or person on behalf of such candidate for Federal office. However, if the carrier chooses to extend such unsecured credit, it shall comply with the requirements set forth in paragraphs (b) through (g) of this section.
(b) If a carrier decides to extend unsecured credit to any candidate for Federal office or any person on behalf of such candidate, then unsecured credit shall be extended on substantially equal terms and conditions to all candidates and all persons on behalf of all candidates for the same office,
shall file with the Commission a report by account of any amount due and unpaid, as of the end of the month prior to the reporting date, for interstate and foreign communication services rendered to a candidate or person on behalf of suc candidate when such amount results from the extension of unsecured credit. Each report shall include the following information:
(1) Name of candidate.
(2) Name and address of person or persons applying for service.
(3) Balance due carrier.
(7) Date, nature and status of any action taken at law in compliance with paragraph (e) of this section.
PART 73—RADIO BROADCAST
with due regard for differences in the estimated quantity of service to be furnished each such candidate or person.
(c) Before extending unsecured credit, a carrier shall obtain a signed written application for service which shall identify the applicant and the candidate and state whether or not the candidate assumes responsibility for the charges, and which shall also expressly state as follows:
(1) That service is being requested by the applicant or applicants and that the person or persons making the application will be individually, jointly and severally liable for the payment of all charges; and
(2) That the applicant(s) understands that the carrier will (under the provisions of paragraph (d) of this section) discontinue service upon written notice if any amount due is not paid upon demand.
(d) If charges for services rendered are not paid to the carrier within 15 days from rendition of a bill therefor, the carrier shall forthwith at the end of the 15-day period serve written notice on the applicant of intent to discontinue service within 7 days of date of such notice for nonpayment and shall discontinue service at the end of the 7-day period unless all such sums due are paid in full within such 7-day period.
(e) Each carrier shall take appropriate action at law to collect any unpaid balance on an account for interstate and foreign communication services rendered to a candidate or person on behalf of such candidate prior to the expiration of the statute of limitations under section 415(a) of the Communications Act of 1934, as amended.
(f) The records of each account, involving the extension by a carrier of unsecurd credit to a candidate or person on behalf of such candidate for common carrier communications services shall be maintained by the carrier so as to show separately, for interstate and foreign communication services all charges, credits, adjustments, and security, if any, and balance receivable.
(g) On or before January 31 and July 31, 1973, and corresponding dates of each year thereafter, each carrier which had operating revenues in the preceding year in excess of $1 million
Sec. 73.1910 Fairness Doctrine. 73.1920 Personal attacks. 73.1930 Political editorials. 73.1940 Broadcasts by candidates for
public office. AUTHORITY: 47 U.S.C. 154, 303.
EDITORIAL NOTE: These provisions are also codified in 47 CFR Part 73, Subpart H.
873.1910 Fairness Doctrine.
The Fairness Doctrine is contained in section 315(a) of the Communications Act of 1934, as amended, which provides that broadcasters have certain obligations to afford reasonable opportunity for the discussion of conflicting views on issues of public importance. See FCC public notice “Fairness Doctrine and the Public Interest Standards,” 39 FR 26372. Copies may be obtained from the FCC upon request. (43 FR 45856, Oct. 4, 1978)
873.1920 Personal attacks.
(a) When, during the presentation of views on a controversial issue of public importance, an attack is made upon the honesty, character, integrity or like personal qualities of an identified person or group, the licensee shall, within a reasonable time and in no event later than one week after the attack, transmit to the persons or group attacked:
(1) Notification of the date, time and identification of the broadcast;
(2) A script or tape (or an accurate summary if a script or tape is not available) of the attack; and
(3) An offer of a reasonable opportunity to respond over the licensee's facilities.
(b) The provisions of paragraph (a) of this section shall not apply to broadcast material which falls within one or more of the following categories:
(1) Personal attacks foreign groups or foreign public figures;
(2) Personal attacks occurring during uses by legally qualified candidates;
(3) Personal attacks made during broadcasts not included in paragraph (b)(2) of this section and made by legally qualified candidates, their authorized spokespersons, or those associated with them in the campaign, on other such candidates, their authorized spokespersons or persons associated with the candidates in the campaign; and
(4) Bona fide newscasts, bona fide news interviews, and on-the-spot coverage of a bona fide news event, including commentary or analysis contained in the foregoing programs.
(c) The provisions of paragraph (a) of this section shall be applicable to editorials of the licensee, except in the
of noncommercial educational stations since they are precluded from editorializing (section 399(a), Communications Act). [43 FR 45856, Oct. 4, 1978, as amended at 44 FR 45956, Aug. 6, 1979)
(B) A script or tape of the editorial and
(C) An offer of reasonable opportunity for the candidate or a spokesman of the candidate to respond over the licensee's facilities. Where such editorials are broadcast on the day of the election or within 72 hours prior to the day of the election, the licensee shall comply with the provisions of this paragraph sufficiently far in advance of the broadcast to enable the candidate or candidates to have a reasonable opportunity to prepare a response and to present it in a timely fashion.
(b) Inasmuch as noncommercial educational stations may not engage in editorializing nor may support nor oppose any candidate for political office (section 399, Communications Act), the provisions of paragraph (a) of this section, do not apply to such stations.
[43 FR 45856, Oct. 4, 1978, as amended at 47 FR 3791, Jan. 27, 1982; 51 FR 9965, Mar. 24, 1986]
8 73.1940 Broadcasts by candidates for
public office. (a) Definitions. (1) A legally qualified candidate for public office is any person who:
(i) Has publicly announced his or her intention to run for nomination or office;
(ii) Is qualified under the applicable local, State or Federal law to hold the office for which he or she is a candidate; and
(iii) Has met the qualifications set forth in either paragraphs (a) (2), (3), or (4), of this section.
(2) A person seeking election to any public office including that of President or Vice President of the United States, or nomination for any public office except that of President or Vice President, by means of a primary, general or special election, shall be considered a legally qualified candidate if, in addition to meeting the criteria set forth in paragraph (a)(1) of this section, that person:
(i) Has qualified for a place on the ballot, or
(ii) Has publicly committed himself or herself to seeking election by the
8 73.1930 Political editorials.
(a) Where a licensee, in an editorial, (1) Endorses or,
(2) Opposes a legally qualified candidate or candidates, the licensee shall, with 24 hours after the editorial, transmit to, respectively,
(i) The other qualified candidate or candidates for the same office or,
(ii) The candidate opposed in the editorial,
(A) Notification of the date and the time of the editorial,
write-in method and is eligible under applicable law to be voted for by sticker, by writing in his or her name on the ballot or by other method, and makes a substantial showing that he or she is a bona fide candidate for nomination or office.
Person seeking election to the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered legally qualified candidates only in those States or territories (or the District of Columbia) in which they have met the requirements set forth in paragraph (a) (1) and (2) of this rule: Except, that any such person who has met the requirements set forth in paragraph (a) (1) and (2) in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for election in all States, territories, and the District of Columbia for purposes of this Act.
(3) A person seeking nomination to any public office, except that of President or Vice President of the United States, by means of a convention, caucus or similar procedure, shall be considered a legally qualified candidate if, in addition to meeting the requirements set forth in paragraph (a)(1) of this section, that person makes a substantial showing that he or she is a bona fide candidate for such nomination: Except, that no person shall be considered a legally qualified candidate for nomination by the means set forth in this paragraph prior to 90 days before the beginning of the convention, caucus or similar procedure in which he or she seeks nomination.
(4) A person seeking nomination for the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered a legally qualified candidate only in those States or territories (or the District of Columbia) in which, in addition to meeting the requirements set forth in paragraph (a)(1) of this section.
(i) He or she, or proposed delegates on his or her behalf, have qualified for the primary or Presidential preference
ballot in that State, territory or the District of Columbia, or
(ii) He or she has made a substantial showing of bona fide candidacy for such nomination in that State, territory or the District of Columbia; Except, that any such person meeting the requirements set forth in paragraph (a) (1) and (4) in at least 10 States (or nine and the District of Columbia) shall be considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for purposes of this act.
(5) The term “substantial showing” of bona fide candidacy as used in paragraphs (a) (2), (3), and (4) of this section means evidence that the person claiming to be a candidate has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, and establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his campaign manager). Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing.
(b) Charges for use of stations. The charges, if any, made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election, to such office shall not exceed
(1) During the 45 days preceding the date of a primary or primary runoff election and during the 60 days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period, and
(2) At any other time the charges made for comparable use of such station by other users thereof. The rates, if any, charged all such candidates for the same office shall be uniform and shall not be rebated by any means direct or indirect. A candidate shall be