A story in today's Wall Street Journal discusses the significant amount of money being spent on television advertising for and against pending proposals for health care reform. As we have written before, broadcasters are required to keep in their public file information about advertising dealing with Federal issues - records as detailed as those kept for political candidates. Information in the file should include not only the sponsor of the ad, but also when the spots are scheduled to run (and, after the fact, when they did in fact run), the class of time purchased, and the price paid for the advertising. Clearly, the health care issue is a Federal issue, as it is being considered by the US Congress in Washington. So remember to keep your public file up to date with this required information.

Section 315 of the Communications Act deals with these issues, stating that these records must be kept for any request to purchase time on a "political matter of national importance", which is defined as any matter relating to a candidate or Federal election or "a national legislative issue of public importance." Clearly, health care would fit in that definition. The specific information to be kept in the file includes:

  • If the request to purchase time is accepted or rejected
  • Dates on which the ad is run
  • The rates charged by the station
  • Class of time purchased
  • The issue to which the ad refers
    • The name of the purchaser of the advertising time including:
    • The name, address and phone number of a contact person
    • A list of the chief executive officers or members of the executive committee or board of directors of the sponsoring organization.

This information needs to be put into the public file as soon as possible, and maintained for a minimum of two years. To avoid potential legal issues in dealing with these controversial topics, keep your file up to date.