Media Coverage
Source: Communications Daily
Media Coverage
11.02.12
Scott Flick, a partner with Pillsbury’s communications practice in Washington, D.C., is quoted in an article regarding the news that the Federal Communications Commission ordered a broadcast station to air political candidate ads outside of their coverage area. With precedents set by FCC staff on what types of federal candidates television stations must air ads for upcoming elections, the Commission’s Media Bureau ordered Gannett’s WUSA Washington television station to air ads for an unaffiliated presidential candidate.
The candidate, Randall Terry, was on the ballot two states away and outside the station’s coverage area. His television ads depicted graphic and controversial topics relating to abortion and religion. The order was signed by bureau chief Bill Lake, who said it’s "unreasonable" for WUSA to “deny Terry reasonable access."
Flick, who represents broadcast clients and also advises clients on political ads, said the Terry case is "unusual" in that such complaints are rarely decided against broadcasters, and it’s "pretty clear they treat it as a precedential-type approach."
The order "didn’t entirely foreclose that there wouldn’t be a different standard down the road," Flick said. "But it would be awkward for the FCC" to later reverse course. "Usually these are not hard questions, if the candidate is legally qualified" in a station’s market, the outlet "is going to give them access."