FCC Halts Rules Limiting TV Endorsements

Weeks before the fall election, federal regulators Wednesday temporarily suspended rules that limit television station endorsements of political candidates and the airing of political attack ads while they determine whether the regulations are still necessary.

Federal Communications Commission rules have required that a station which runs an editorial endorsing a candidate for elective office must give other candidates in the race a fair chance to respond.

The five-member FCC voted, 3 to 2, to suspend the rules for 60 days. The vote comes at a time when the airwaves are full of political ads, with the presidential and congressional elections just 34 days away.

“Elections will be held during the 60-day period, making it an ideal time to determine how broadcasters are affected by the political editorial rule,” the FCC said in its order.

Additionally, if someone or a group is attacked for views on a controversial issue, the station has been required to inform the target of the attack and provide an opportunity to reply.

“While less obvious, it is also an ideal time to obtain evidence regarding the effect of the personal attack rule,” the agency said.

The FCC asked for stations to provide information on their actions during the 60-day period and provide any other evidence they deem useful in the agency’s review of the rules.

In practical terms, the suspension is not expected to have much effect on the campaign because few stations air endorsements or editorials.

“It’s highly unusual,” said Kevin Keeshan, news director for KFSN, an ABC affiliate in Fresno. “We don’t feel comfortable taking sides.”

But in legal terms, the fight is one the broadcasting industry takes seriously because of 1st Amendment implications.

“It is outrageous that the FCC refuses to discard tired regulations that stifle free speech rather than enhance it,” said Edward Fritts, president and chief executive of the National Assn. of Broadcasters.