Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§315 Candidates for Public Office

Title 47 › Chapter 5— WIRE OR RADIO COMMUNICATION › Subchapter III— SPECIAL PROVISIONS RELATING TO RADIO › Part I— General Provisions › § 315

Last updated Apr 5, 2026|Official source

Summary

If a broadcast station lets a legally qualified candidate buy time, it must give the same chance to other candidates for that same office. The station cannot censor what the candidate says during that paid time. The station also does not have to sell time to any candidate. Routine news coverage does not count — that includes real newscasts, news interviews, news documentaries where the candidate’s appearance is only incidental, and live news coverage like conventions. During the 45 days before a primary or primary runoff, and the 60 days before a general or special election, candidates must be charged no more than the station’s lowest unit rate for the same class and length of time; at other times they pay the same rates other users pay. A candidate for Federal office must give a written certification at purchase that the ad will not directly refer to another candidate unless the ad follows special disclosure rules: television ads must show a clear photo or image and a readable printed statement identifying the candidate, saying the candidate approved the ad, and saying the candidate’s authorized committee paid for it, for at least 4 seconds; radio ads must include the candidate’s own spoken identification, the office sought, and that the candidate approved the ad. If a Federal candidate breaks this rule, they lose the low rate for that ad and for any later ads in the relevant 45- or 60-day period. Stations must keep a public political file of candidate or national political ad requests with details like acceptance, rate, air date/time, who bought it, and keep it at least 2 years. Broadcast stations include community antenna television systems, and the operator of such a system is treated as the station licensee. The Commission (FCC) must write rules to enforce these points.

Full Legal Text

Title 47, §315

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station 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),
(b)(1)The charges 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—
(A)subject to paragraph (2), during the forty-five days preceding the date of a primary or primary runoff election and during the sixty 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
(B)at any other time, the charges made for comparable use of such station by other users thereof.
(2)(A)In the case of a candidate for Federal office, such candidate shall not be entitled to receive the rate under paragraph (1)(A) for the use of any broadcasting station unless the candidate provides written certification to the broadcast station that the candidate (and any authorized committee of the candidate) shall not make any direct reference to another candidate for the same office, in any broadcast using the rights and conditions of access under this chapter, unless such reference meets the requirements of subparagraph (C) or (D).
(B)If a candidate for Federal office (or any authorized committee of such candidate) makes a reference described in subparagraph (A) in any broadcast that does not meet the requirements of subparagraph (C) or (D), such candidate shall not be entitled to receive the rate under paragraph (1)(A) for such broadcast or any other broadcast during any portion of the 45-day and 60-day periods described in paragraph (1)(A), that occur on or after the date of such broadcast, for election to such office.
(C)A candidate meets the requirements of this subparagraph if, in the case of a television broadcast, at the end of such broadcast there appears simultaneously, for a period no less than 4 seconds—
(i)a clearly identifiable photographic or similar image of the candidate; and
(ii)a clearly readable printed statement, identifying the candidate and stating that the candidate has approved the broadcast and that the candidate’s authorized committee paid for the broadcast.
(D)A candidate meets the requirements of this subparagraph if, in the case of a radio broadcast, the broadcast includes a personal audio statement by the candidate that identifies the candidate, the office the candidate is seeking, and indicates that the candidate has approved the broadcast.
(E)Certifications under this section shall be provided and certified as accurate by the candidate (or any authorized committee of the candidate) at the time of purchase.
(F)For purposes of this paragraph, the terms “authorized committee” and “Federal office” have the meanings given such terms by section 30101 of title 52.
(c)For purposes of this section—
(1)the term “broadcasting station” includes a community antenna television system; and
(2)the terms “licensee” and “station licensee” when used with respect to a community antenna television system mean the operator of such system.
(d)The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.
(e)(1)A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that—
(A)is made by or on behalf of a legally qualified candidate for public office; or
(B)communicates a message relating to any political matter of national importance, including—
(i)a legally qualified candidate;
(ii)any election to Federal office; or
(iii)a national legislative issue of public importance.
(2)A record maintained under paragraph (1) shall contain information regarding—
(A)whether the request to purchase broadcast time is accepted or rejected by the licensee;
(B)the rate charged for the broadcast time;
(C)the date and time on which the communication is aired;
(D)the class of time that is purchased;
(E)the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable);
(F)in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and
(G)in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person.
(3)The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b)(2)(A), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

2002—Subsec. (b). Pub. L. 107–155, § 305(a), (b), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), inserted “subject to paragraph (2),” before “during the forty-five days” in par. (1)(A), and added par. (2). Subsec. (e). Pub. L. 107–155, § 504, which directed addition of subsec. (e) and redesignation of former subsecs. (e) and (f) as (f) and (g), respectively, was executed by adding subsec. (e) to reflect the probable intent of Congress. Section did not contain subsecs. (e) and (f). 1974—Subsec. (c). Pub. L. 93–443, § 402, struck out provisions respecting station use charges upon certification of nonviolation of Federal limitations of expenditures for use of communications media; redesignated former subsec. (f) as (c); incorporated former par. (1)(A) and (B) provisions in clauses designated (1) and (2) and struck out subpar. (C) definition of “Federal elective office” and par. (2) definition of “legally qualified candidate”. Subsec. (d). Pub. L. 93–443, § 402(a), struck out provisions respecting station use charges upon certification of nonviolation of State limitations of expenditures for use of communications media and conditions for application of State limitations and redesignated former subsec. (g) as (d). Subsecs. (e) to (g). Pub. L. 93–443, § 402(a), struck out subsec. (e) provisions respecting penalties for violations and inapplicability of sections 501 through 503 of this title and redesignated former subsecs. (f) and (g) as (c) and (d). 1972—Subsec. (a). Pub. L. 92–225, § 103(a)(2)(B), inserted “under this subsection” after “No obligation is imposed”. Subsec. (b). Pub. L. 92–225, § 103(a)(1), substituted in introductory text “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”, for “for any of the purposes set forth in this section”, added par. (1), designated existing provisions as par. (2), inserted therein the opening words “at any other time,” and substituted “by other users thereof” for “for other purposes”. Subsecs. (c) to (g). Pub. L. 92–225, § 104(c), added subsecs. (c) to (f) and redesignated former subsec. (c) as (g). 1959—Subsec. (a). Pub. L. 86–274 provided that appearances by legally qualified candidates on bona fide newscasts, interviews and documentaries and on on-the-spot coverage of bona fide news events shall not be deemed to be use of a broadcasting station within the meaning of this subsection. 1952—Act July 16, 1952, designated existing provisions as subsecs. (a) and (c) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 Amendment Pub. L. 107–155, title III, § 305(c), Mar. 27, 2002, 116 Stat. 102, provided that: “The

Amendments

made by this section [amending this section] shall apply to broadcasts made after the

Effective Date

of this Act [Nov. 6, 2002].” Amendment by Pub. L. 107–155 effective Nov. 6, 2002 (notwithstanding section 305(c) of Pub. L. 107–155, set out above), but not applicable with respect to runoff elections, recounts, or election contests resulting from elections held prior to Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an

Effective Date

of 2002 Amendment;

Regulations

note under section 30101 of Title 52, Voting and Elections.

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

Repeals

Repeal of title I of Pub. L. 92–225, cited as a credit to this section, by Pub. L. 93–443, title II, § 205(b), Oct. 15, 1974, 88 Stat. 1278, has been construed as not repealing the

Amendments

to this section made by section 103(a)(1), (2)(B), and 104(c) of such title I. Reexamination of 1959 Amendment; Declaration of Congressional Intent Pub. L. 86–274, § 2, Sept. 14, 1959, 73 Stat. 557, provided that: “(a) The Congress declares its intention to reexamine from time to time the amendment to section 315(a) of the Communications Act of 1934 [subsec. (a) of this section] made by the first section of this Act, to ascertain whether such amendment has proved to be effective and practicable. “(b) To assist the Congress in making its reexaminations of such amendment, the Federal Communications Commission shall include in each annual report it makes to Congress a statement setting forth (1) the information and data used by it in determining questions arising from or connected with such amendment, and (2) such recommendations as it deems necessary in the public interest.” Suspension of Equal Time Provisions for 1960 Campaign Pub. L. 86–677, Aug. 24, 1960, 74 Stat. 554, suspended that part of subsec. (a) of this section, which requires any licensee of a broadcast station who permits any person who is a legally qualified candidate for any public office to use a broadcasting station to afford equal opportunities to all other such candidates for that office in the use of such broadcasting station, for the period of the 1960 presidential and vice presidential campaigns with respect to nominees for the offices of President and Vice President of the United States. The Federal Communications Commission was directed to make a report to the Congress, not later than March 1, 1961, with respect to the effect of the provisions of Pub. L. 86–677 and any recommendations the Commission might have for

Amendments

to this chapter as a result of experience under the provisions of Pub. L. 86–677.

Reference

Citations & Metadata

Citation

47 U.S.C. § 315

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60