TV Stations Differ on Handling of Candidate Waite’s Performances

Two Southern California television stations are taking opposite approaches toward satisfying an apparent triggering of federal equal-time provisions caused by Ralph Waite’s appearance on “Shannon’s Deal” Tuesday night.

KNBC Channel 4 has invited Jeff Jacobs, Waite’s rival for the Democratic nomination in the 37th Congressional District, to be a guest on its public affairs program, “News Conference.” Jacobs has accepted the invitation and will be interviewed for approximately 15 minutes--the same amount of time that Waite is on screen in “Shannon’s Deal”--on a show to be broadcast June 3, two days before the primary.

“Shannon’s Deal” will also be broadcast tonight on KMIR Channel 36 in Palm Springs, an NBC affiliate that covers the 37th Congressional District in Riverside County. Jacobs is seeking time on KMIR. However, KMIR President and General Manager John Conte said last week that he will not grant Jacobs equal time.

“I don’t see any corollary,” Conte said. “Ralph Waite played a minor role (on ‘Shannon’s Deal’) and was never identified as a candidate for Congress in this district. I will not grant political time to the guy (Jacobs). It’s just common sense.”

Conte’s rationale “is clearly wrong,” said Dan Brenner, director of UCLA’s communications law program and a legal adviser to then-Federal Communications Commission Chairman Mark Fowler from 1981 to 1986. “(Waite’s appearance) would constitute a use and there are a number of cases the commission has ruled entertainment as a use.”

Under federal law, a “use” occurs whenever a candidate who has qualified for the ballot appears recognizably on a television or radio station by either picture, voice or both, on a broadcast outside of bona fide newscasts, interview programs, documentaries or spot coverage of news events. In such cases, the station must provide equal time to opposing candidates, provided that the opposing candidates request such time within seven days of the broadcast.

Tuesday’s “Shannon’s Deal” episode is the third time a program starring Waite has appeared on a Southern California television station since he declared for office March 7.

On March 18, KCBS Channel 2 aired “The Secret Life of John Chapman,” which resulted in Jacobs and fellow candidate Johnny Pearson requesting equal time from that station. The station did not act on the request because neither candidate contacted the station in writing, spokeswoman Lisa DeLucia said.

However, a request does not have to be made in writing, according to Milton Gross, chief of the FCC’s political branch.

Pearson died March 29 following a massive stroke.

On April 19, KCOP Channel 13 broadcast “A Wedding on Walton’s Mountain.” Jacobs requested equal time and was granted it through an appearance on the station’s public-affairs program “A.D.I.”

Waite could not be reached for comment on KNBC’s decision. His campaign manager, John Whitehurst, told The Times in April that the equal time rule puts his candidate at a disadvantage because it gives Jacobs a chance to discuss the campaign, whereas Waite plays dramatic roles.