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POKO! PCancel yO]b X-#Xj\  P6G;ynXP#w  Federal Communications Commission`)(#gDA 961653 ă  + ______________________________________________________________________________   gv#X\  P6G;ɒP#Before the Federal Communications Commission  yO<aWashington, D.C. 20554 #Xj\  P6G;ynXP# \  X*-In re Request of hhCq) ` `  hhCq)  X- A. H. BELO CORPORATION hhCq) ` `  hhCq)  X-For Declaratory RulinghhCq)  X -U STAFF RULING Đ\  X[ -Adopted: October 1, 1996hhCqppReleased: October 1, 1996  YD -#Xw PE37|XP#  X--#x6X@`7X@##XP\  P6QynXP#By the Chief, Mass Media Bureau:  " X- v "1. The Commission has before it a request for declaratory ruling filed September 23,  d(#1996, by the A. H. Belo Corporation (Belo). Belo seeks a Commission ruling that its proposal  d(#to provide free air time in the context of news coverage of "major" candidates for the United  d(#kStates Senate, United States House of Representatives, and Gubernatorial races prior to the  d(#November 5, 1996, general election are exempt from the "equal opportunities" provision of  d(#Section 315(a) of the Communications Act of 1934, as amended. 47 U.S.C. Section 315(a). For  d(#the reasons discussed below, we believe that the proposal is consistent with the statutory  d(#exemptions and related Commission and judicial case law and, accordingly, it should be deemed  XG- d(#exempt from the equal opportunities requirement as "onthespot coverage of bona fide news event" programming under Section 315(a)(4).  X- wGFactual Background ă  X- v 2. Belo proposes that, in each of the areas served by a station licensed to Belo,TX yO8-  #X\  P6G;ɒP#э Belo is licensed to operate the following stations: WFAATV, Dallas, TX; KHOUTV, Houston, TX;   hKIRO-TV, Seattle, WA; KXTV, Sacramento, CA; WWLTV, New Orleans, LA; WVECTV, Norfolk/Hampton, VA; and KOTV, Tulsa, OK. T the Belo  d(#jstation would, in cooperation with local Public Broadcasting Service (PBS) affiliates, produce a  d(#-program or programs featuring candidates for the U.S. Senate and House of Representatives, and  d(#for Governor. Belo plans to begin airing these programs in October 1996. With respect to the  d(#U.S. House of Representatives races, Belo will present candidates from districts within its  d(#stations' respective Grade A contours. When more than two legally qualified candidates are  d(#competing for an office, Belo states that it will select candidates by utilizing "pre-established  d(#Kobjective criteria for public support and credibility appropriate to each jurisdiction involved, such"#0* ( (""  d(#Kas significant levels of public support in independent public opinion polls, numbers of signatures  d(#on nominating petitions, receipt of substantial campaign contributions from varied sources, prior  d(#holding of significant public office(s), or receipt of a substantial level of votes in prior elections  d(#{for the same or comparable offices." Each station licensed to Belo will invite the selected  d(#.candidates to its studio to "videotape 'live'" their respective statements. Each program will be  d(#introduced by Belo and PBS station officials and moderated by a newscaster from the local Belo  d(#station's news division. The moderator will ask each candidate in turn to respond to the same  d(#question with five minutes accorded for the candidates' responses. Once taped, the questions and  d(#the "candidates' unedited five minute responses" will be combined by Belo news personnel into  d(#-a onehour program, with the statements presented backtoback and the order of presentation to  d(#be determined by coin flip if two candidates are selected and by a drawing of straws if more than  d(#Ltwo participate. The programming would be aired by both the local Belo and PBS stations and  X -will be broadcast without commercial interruption.   yOe - d(#=Ѝ To accommodate all candidates in larger markets, Belo states that it may be necessary to produce "two  d(#episodes." Belo maintains, however, that all of the selected candidates competing for the same office would always  d(#appear in the same broadcast. Belo also states that it will offer the programming to local cable television systems and radio stations.  X - v 3. Belo claims that its proposed format is fully consistent with Commission precedent,  d(#=which Belo argues has held that similar programming satisfies Congressional intent for exempt  d(#Mbona fide "news event" broadcasts. Specifically, Belo contends that "[t]he presentation of  d(#.unedited statements by Congressional and Gubernatorial candidates on issues central to their  d(#kcandidacies is, by any reasonable standard, newsworthy, and the Belo proposal is carefully  d(#structured to ensure against favoritism of any particular candidates." Furthermore, Belo notes in  d(#support of its request, that it has received a number of journalism awards, particularly for its  d(#coverage of local news, and that the proposed programming is in keeping with its concentration  d(#on public service by increasing local news coverage in each of the communities it is licensed to serve.  X-  X-,dDiscussion ă  X-  X|-Legal Background  XN- v 4. Section 315 of the Act provides that if a broadcaster or origination cablecasterT N yO!- d(##X\  P6G;ɒP#э For purposes of applying the equal opportunities requirement, Section 315(c) defines "broadcasting station"  d(#has including cable television systems. In implementing this provision, the Commission has applied Section 315 only  yO?#- d(#to a cable system's origination cablecasting, defined as programming over which it exercises exclusive control.#Xx6X@DQX@##X\  P6G;ɒP# 47 C.F.R Section 76.5(p). T permits  d(#a legally qualified candidate for public office to "use" a broadcast station or cable television"70*{&{&{"  X- d(#system,X yOy- d(#Z#X\  P6G;ɒP#э In general, a use is any "positive" identified or identifiable appearance of a legally qualified candidate. This  yOA- d(#Yexcludes disparaging depictions by opponents or thirdparty adversaries. See Report and Order, 7 FCC Rcd 678, 684 (1991). it must afford equal opportunities to all legally qualified opponents for the same office.  d(#In 1959, the Commission ruled that the appearance of the incumbent Mayor of Chicago on a local  d(#newscast during his reelection campaign triggered equal opportunities rights for his opponents.  X- d(#\In re Telegram to CBS, Inc. ("Lar Daly A!+d " A!+d ), 18 Rad. Reg. 238, recon. denied, 26 FCC 715 (1959).  d(#Congress, fearing that the ruling would inhibit news coverage of the political arena, within months enacted four news exemptions to the equal opportunities requirement:  X_-X` hp x (#%'0*,.8135@8: