47 C.F.R. § 73.1943

Political file

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(a) A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that:

(1) Is made by or on behalf of a legally qualified candidate for public office; or

(2) 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.

(b) A record maintained under paragraph (a) shall contain information regarding:

(1) Whether the request to purchase broadcast time is accepted or rejected by the licensee;

(2) The rate charged for the broadcast time;

(3) The date and time on which the communication is aired;

(4) The class of time that is purchased;

(5) 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);

(6) 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

(7) 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.

(c) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in the political file.

(d) All records required by this paragraph shall be placed in the online political file as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances.

[57 FR 210, Jan. 3, 1992, as amended at 77 FR 27655, May 11, 2012; 81 FR 10123, Feb. 29, 2016; 85 FR 21078, Apr. 16, 2020; 87 FR 7755, Feb. 10, 2022; 87 FR 33441, June 2, 2022]

Notes of Decisions

Cited in 3 cases, 1998–2003 · leading case: McConnell v. Fed. Election Comm'n, 540 U.S. 93 (2003).

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McConnell v. Fed. Election Comm'n, 540 U.S. 93 (2003). · cites it 10× “II BCRA § 504's "candidate request" requirements are virtually identical to those contained in a regulation that the Federal Communications Commission (FCC) promulgated as early as 1938 and which with slight modifications the FCC has maintained in effect ever since.”

Adventure Commc'ns, Inc. v. Kentucky Registry of Election Fin., 191 F.3d 429 (4th Cir. 1999). “47 C.F.R. § 73.1943 (1998). 3 . When originally enacted, and at the time of the 1995 elections, § 121.”

Adventure Commc'ns, Inc. v. Kentucky Registry of Election Fin., 24 F. Supp. 2d 632 (S.D.W. Va 1998). “47 C.F.R. § 73.1943 (1997). 5 . Arguably, one can read Subsection (a) to apply the plaintiffs.”

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