If a legally qualified candidate appears in a PSA spot is it a "use" which triggers the Policical rules?

 

If a political candidate appears on the air in a positive appearance (any appearance that is not an ad directly attacking him), it is a use by a candidate. Thus, were a legally qualified candidate to appear in an NCSA or PSA, for which the station receives no money, an opposing candidate would have the right to request (and receive upon request) equal time. The station airing the spot would also have to make a public file notation that the candidate has "used" the station.

Obviously, the best advice is that, once a candidate is legally qualified, keep them out of any PSA or NCSA spots.

If he purchases time, even in his role as AG to discuss issues, even if the time is not bought by his campaign but instead by the state, it is still a "use" and opposing candidates would be able to buy equal amounts of time - and the time would be at the lowest unit rate for the opposing candidates during the 45 days before the primary or the 60 days before the general election.

David Oxenford
Pillsbury Winthrop Shaw Pittman LLP
2300 N Street NW
Washington, DC 20037-1128
202-663-8128
202-663-8129 (fax)
david.oxenford@pillsburylaw.com