Free Airtime

The concept of free airtime generally refers to a plan or process of making commercial airtime available to political candidates at no charge. Application ideas have varied from public forums and debates to political commercials, with proponents citing the public interest standard for broadcasters as the impetus for the free airtime.

Free airtime is usually linked to campaign finance reform. Advocates argue that commercial broadcast [Page 259]time is one of the largest expenditures in an election campaign; free airtime would decrease campaign expenditures by requiring local broadcasters—through either Federal Communications Commission rulings or congressional law—to provide free advertising time for federal candidates for office. The free time is usually proposed in conjunction with having candidates meet spending limits or other criteria. Proponents maintain that because television is the biggest campaigning expense, spending limits can only be met if television is provided. The cost to the stations is justified through the “public interest” clause in the Communications Act of 1934. This clause requires stations to operate in the “public interest” in order to maintain their licenses. Public interest as a concept, however, is not defined. Opponents to free TV claim serious First Amendment and Fifth Amendment concerns and express doubt that the bills offered to date would bring any serious reform.

The National Association of Broadcasters (NAB) has been an outspoken opponent of the free airtime concept, citing an undue economic burden on broadcast stations. NAB argues that broadcasters provide many on-air opportunities for candidates in the form of debates and public forums—and that candidates are often reluctant to use that free airtime. Instead, candidates want commercial time that they can control; NAB argues that commercials are not in the public's best interest.

On the other hand, grassroots organizations such as Common Cause have been long-time advocates of the free airtime concept. Groups such as Common Cause argue that the spectrum used for free by broadcasters really belongs to the public and should be used to help create a more transparent election process. They advocate the use of free airtime as a way to cut down on campaign expenditures.

The Federal Communications Commission has, to date, declined to address the free airtime concept. Outspoken commissioners have stated that free airtime is an issue for Congress; because free airtime would be the equivalent of a tax on broadcasters, a bill would have to be written and passed before the Federal Communications Commission would enforce the concept.