Equal Time Provision

Section 315 of the Communications Act of 1934 (and its amendments) sets forth “equal opportunity” (as opposed to “equal time”) rules of access to broadcast radio and television stations for U.S. political candidates. The origins of the equal opportunity provision appear in Section 18 of the Radio Act of 1927:

That language was virtually unchanged when Congress passed the Communications Act of 1934.

Congress amended Section 315 on September 14, 1959, creating exemptions from equal opportunity [Page 213]requirements for bona fide newscasts, news interviews, news documentaries, and on-the-spot coverage of bona fide news events. It was in the 1959 amendment that Congress introduced the phrase “equal time” as opposed to “equal opportunity,” leading to some confusion regarding what the provision required. No broadcaster has ever been required to provide unconditional “equal time” to any political candidate; they must only provide equal opportunity to all legally qualified major-party candidates for any given political office. For example, if a television station sells a legally qualified candidate $10,000 of air time for political commercials, all other legally qualified candidates may purchase the same. But the broadcaster is not obligated to give free time to any candidate. While the original wording in the law said that equal time must be provided to all legally qualified candidates for federal office, the Federal Communications Commission has generally extended the guarantee to other electoral levels.

The 1959 amendment also stipulates that political candidates must be afforded the lowest unit charge for commercial air time posted during the 45 days preceding a primary or primary runoff election and during the 60 days preceding a general or special election.