CA: FCC orders San Joaquin Valley broadcaster to stop free GOP ads

Bakersfield Californian ^ | 10/29/04 | Tom Chorneau - AP

[NormsRevenge]

SACRAMENTO (AP) - A San Joaquin Valley broadcaster cannot aid Republican candidates with free air time unless the same offer is extended to other candidates, the Federal Communications Commission ruled Friday.

Pappas Telecasting Cos., which had donated $325,000 in air time on its radio and TV stations to 13 GOP county committees last week, had insisted for days that the gifts were legal and did not trigger federal equal time rules.

It was not clear whether the company would appeal the staff ruling to the full commission. Phone calls to the Visalia-based company, which operates 28 stations in 11 states, were not immediately returned.

Communications lawyers said they were not surprised by the ruling.

"I would have been amazed if the commission had done anything else," said attorney Tracy Westen, chief executive officer of the Center for Governmental Studies, a nonpartisan research organization in Los Angeles.

Westen said Pappas could appeal to the FCC, but the broadcaster would have to decide whether to continue airing free Republican ads in the meantime without giving equal time to opponents. If Pappas appeals and continues to only run free Republican ads, the company could face substantial fines, he said.

Assemblywoman Nicole Parra, D-Hanford, filed a complaint with the FCC on Thursday after a Pappas television station in Fresno began running free ads for her GOP opponent, Bakersfield businessman Dean Gardner.

"We are thrilled we won this case," said Parra. "The FCC has wisely seen through this last-minute Republican dirty trick and recognized that Dean Gardner has broken the law again."

Parra said the FCC "recognized that the playing field should be even for all candidates, not just the one that the broadcaster favors."

Pappas attorneys filed briefs with the FCC Friday arguing that company president Harry J. Pappas purchased time at his own stations and donated it to Republican committees to be used any way they wanted.

Attorney Kathleen Victory said the contribution was no "different than if he had purchased a microphone for use in speaking to crowds at a rally," she wrote. "The FCC has no jurisdiction over an individual ... in this regard."

But William Johnson, deputy chief of the FCC's Media Bureau, said in his order that the facts were clear - the broadcaster had given free time to a candidate and that act triggered the equal time rule.

"The Commission has ruled that when a candidate is furnished time at no cost, competing candidates are entitled to receive the same amount of free time in comparable time periods," Johnson said.

Although attorneys for Parra found that Gardner booked more than $70,000 in free air time, the company said only $3,600 of the time had been used through Thursday.

Tim Clark, a spokesman for Gardner, said Friday he was not sure how much of the free time the candidate used.

Parra said Pappas must now make $3,600 in free air time available to her.

Still pending is a complaint Assembly Speaker Fabian Nunez, D-Los Angeles, filed over the issue with the state's Fair Political Practices Commission, claiming the Pappas gift violates contribution limits.

Also still to be resolved is an inquiry of the gift launched Thursday by Rep. John Dingell of Michigan, the ranking Democrat on the U.S. House committee that oversees the FCC.

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On the Net:

http://www.pappastv.com/Home.asp

Pappas Telecasting Companies

http://www.fcc.gov/

Federal Communications Commission

[HiTech RedNeck]

Had a 'Rat done this it would have been greeted with a wink, a nod, and a yawn. But because it was GOP, this will be a scandal for years.

[Drango]

As I said in the Rather case....I don't want government (FCC) making the calls on what goes on the air. If they could limit Rather's false and noxious speech, they can limit Rush and this broadcaster. any press that is regulated by the FCC is not a free press.

[Bonaparte]

Ah, the precedent we've been waiting for, NR!

The New York Times, the networks and most of the MSM have all been giving kerry unlimited contributions-in-kind with endless positive "news editorials." There is no difference between this and what Papas Telecom was doing. None.

[Bonaparte]

The problem is that the FCC enforces CFR selectively. See post 4.

[Ruth C]

Well, can't they make a contribution to that campaign, then the campaign can buy the ad space! I would think that once it's hard money, there's no problem?

[mongrel]

Their mistake was that they should have shown a quasi-news program which aired the ads with favorable commentary. Then it would have been legal. That seems to be the national broadcasters' MO with the Kerry ads.

[Tax Government]

Note to self... After election, demand that every republican go on record as opposing McCain-Feinstein. It is abhorrent.

[CyberAnt]

But .. if the guy PAID FOR THE TIME - and then donated it to the repubs - how does that trigger equal time ..??

[dennisw]

Charge 'em $5 per advertisement and charge Donks $500.

[drjimmy]

But .. if the guy PAID FOR THE TIME - and then donated it to the repubs - how does that trigger equal time ..??
Since he owns the stations, he essentially took the money out of his right pocket and put it into his left pocket, thereby giving the candidates airtime for free. If he had pulled a Sinclair and just put the stuff into his newscasts, the Democrats would have squawked but probably would have lost.

[tubebender]

There are always people that make various in-kind donations to a candidate from signs to wine for fund raisers to printing etc. This doesn't pass the smell test...