lowest unit rate political window 2020

Colorado has a new Presidential Primary which starts the 45 day Lowest Unit Rate (LUR) window on January 18, 2020 (45 days, plus 2020 is a leap year). I find the email newsfeed useful and of good quality, and in some cases directly on point with issues of concern to the company. With the lowest unit charge window for the November elections going into effect on September 4, just two and a half weeks from now, we thought that it was a good idea to review the basic FCC rules and policies affecting those charges. See our past articles on this topic here and here. That second candidate can only guarantee that they will end up in morning drive by buying a spot guaranteed in that time period.”. Also, see our article here about the obligations for the political file required as part of the online public file, and the importance that the FCC puts on that file. Instead, the package must be broken down by the station into a price per spot for each class of spot that is contained in the package. if a candidate buys a 6 AM to 6 PM rotator, and that rotator ends up in morning drive, another candidate may buy that same rotator the next week and end up at 4 PM. The board consists of twelve active broadcasters and an associate member representative. In this election, with the Presidency and control in both houses of Congress at stake as well as many state offices, and with in-person campaigning limited by the pandemic, there may have never been a time when broadcast advertising was more important to political candidates – and likely more in demand by those candidates. Colorado has a new Presidential Primary which starts the 45 day Lowest Unit Rate (LUR) window on January 18, 2020 (45 days, plus 2020 is a leap year). This allocation is done in an internal station record, which does not need to go into the public file and does not need to be revealed to the candidate. Podcasts Playing A Greater Role In Spoken-Word Audio Consumption, Study Finds. Says Oxenford: “If a candidate buys a 6am to 6pm rotator, and that rotator ends up in morning drive, another candidate may buy that same rotator the next week and end up at 4pm. Stations need to review each class of time sold on their station, find the lowest rate charged to a commercial advertiser for a spot of the same class that is running at the same time that the candidate wants to buy a spot, and make sure that lowest rate will be what the candidate is charged. You have permission to edit this article. There’s more to comprehend about the “Lowest Unit Rate” window, as the blog post outlines in detail. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. Colorado’s Lowest Unit Rate Window for Presidential Primary, Broadcast Education & Development (Scholarship), Broadcasters Guide to Advertising in Colorado, EAS Self-Inspection Checklist for Broadcasters, Millennial Recruiting, Hiring, Retention & Cross-Generational Management Series. Oxenford explains, “For instance, there will be different rates for spots running in morning drive than for those spots that run in the middle of the night. The laws regarding political broadcasting are extremely complicated – talk to your own attorney for specific advice on situations that arise at your station. Political Advertising and the Lowest Unit Charge Issue In the 45-day period prior to a primary or caucus, or the 60-day period prior to a general or run-off election, Congress has limited what a radio or television station may charge a political candidate for airtime. With a wide-range of webinars coming up this month, register for free and hear from legal experts covering the most poplar topics from around world. It is a misperception that a station has one lowest unit rate, when in fact almost every station has several if not dozens of lowest unit rates. Board Members are elected for three year terms by the broadcast members. Your station needs to be ready to comply with the FCC’s political advertising rules. Our privacy policy and terms of use are changing to better explain the data we collect, how we use it, and to give you more information about your rights and choices with respect to your data. The CBA is managed by a thirteen-member Board of Directors and a President/CEO. Introducing PRO ComplianceThe essential resource for in-house professionals. “In this election, with the Presidency and control in both houses of Congress at stake, as well as many state offices—and with in-person campaigning limited by the pandemic—there may have never been a time when broadcast advertising was more important to political candidates—and likely more in demand by those candidates,” the Wilkinson Barker Knauer partner writes in his Broadcast Law Blog. Under federal law, stations can charge these advertisers anything that the station wants for non-candidate ads – no need to stick to lowest unit rates. Not all third-party spots are entitled to this treatment – only this special class of coordinated expenditures – and stations are entitled to get written confirmation from the candidate that the expenditures are coordinated under applicable election laws. Talk to your own attorney if you are faced with that issue. It is a common misperception that a station has one lowest unit rate, when in fact almost every station will have several – if not dozens of lowest unit rates – one lowest unit rate for each class of time in each daypart. That second candidate can only guarantee that they will end up in morning drive by buying a spot guaranteed in that time period). a 6 AM to Noon rotation is a different class than a 6 AM to 6 PM rotation, and both are a different class from a 24-hour rotator – and each can have its own lowest unit rate). For instance: PACs, Super PACs and other non-candidate interest groups do not require stations to offer lowest unit rates. We encourage you to review our privacy policy and terms of use. Some of the other situations that arise with lowest unit rates, and with other political issues that come up in any election season, are covered in our Political Broadcasting Guide, available here. Keep a step ahead of your key competitors and benchmark against them. Candidates cannot be forced to buy single-station packages to get low unit rates. In modern political elections, where PACs, Super PACs and other non-candidate interest groups are buying much political advertising time, broadcasters need to remember that these spots don’t require lowest unit rates. What The ‘Lowest Unit Rate Window’ Means For Political Ads. If not coordinated, the parties get charged the same as any other third-party organization. Other than the station, only the FCC will see this allocation if they decide to conduct some sort of audit. Even at the smallest radio station, there are probably several different classes of advertising spots. Lowest Unit Charge During the 45 days prior to a primary and the 60 days prior to a general election (the pre-election “window”), all candidates to whom broadcast time is sold are entitled to the lowest unit charge of the station for the class, amount of time, and time period they wish to purchase. AT&T To Launch New In-Vehicle Video Streaming Service WarnerMedia Ride. © Copyright 2020, Colorado Broadcasters Association. This article in an update of an article from a series that we did several years ago on Political Broadcasting Basics, which we may update from time to time over the next few weeks. (J) Unit rates charged as part of any package, whether individually negotiated or generally available to all advertisers, must be included in the lowest unit charge calculation for the same class and length of time in the same time period. Questions? Even in the same time period, there can be preemptible and non-preemptible time, each with different costs and thus are different classes of time, each with its own lowest unit rate. Even within same time period (say, morning drive), there may be spots running with multiple lowest unit rates, such as ads running in the period that were sold just for morning drive, alongside cheaper spots that were sold as part of a 6am to 6pm rotation that happens to fall within that daypart. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. From time to time stations may face the one exception to the above paragraph, where political buyers are requesting lowest unit charges and are authorized by a candidate. If it is done this way, the station does not have to give the no-charge UD spots any lowest unit rate consideration. A Chair, Vice-Chair and Secretary Treasurer make up the officers of the board and are elected from the sitting board. Posted on August 24, 2020 by vabvab September 4th marks the opening of the lowest unit charge “political window” before the November 3rd election. ), will have a different lowest unit rate. Indeed they do – so if your station is running advertising for candidates for mayor or city council; or for governor or the state senate; or even for the board of education, municipal court judge, or state attorney general – they and any other candidate in any public election for which your station chooses to accept advertising gets lowest unit rates. David Oxenford, Partner, Wilkinson Barker Knauer LLP. “Stations can’t run under-delivery (UD) Restitution during a political window” Stations can in fact run UD during a political protection window as long as the station clearly identifies it as UD. Under federal law for federal candidates, these purchases will be by political parties and subject to political campaign donation limitations (known as “hard money”). All Rights Reserved. What’s Howard Stern Worth To SiriusXM? Ten Reasons People Are Listening To More Spoken Word Content. On Sept. 4, a “Lowest Unit Rate” window for the November elections goes into effect. Lowest unit charges (or “Lowest Unit Rates”) guarantee that, in the 45 days before a primary and the 60 days before a general election, legally qualified candidates get the lowest rate for a spot that is running on a station within any class of advertising time running in any particular daypart. One question that still comes up with surprising regularity is whether these rates apply to state and local candidates, as well as federal candidates. Stations need to be familiar with these rules and apply them accurately through the lowest unit rate window. To get lowest unit rates, the advertising purchases must be authorized and “coordinated” with a candidate and, in federal races, the spots should make that coordination clear with the “I approved this message” tag. Today, we will look at lowest unit rate issues. And our articles here, here, here and here on the new requirements for the identification in the public file of all the issues mentioned in any advertising on federal political issues or candidates. Any class of spots that run in a unique time period, with a unique rotation or unique rights attached to it (e.g., different levels of preemptibility, different make-good rights, etc. Various advertising sales packages, and how they are factored into lowest unit rate calculations, also seem to lead to many questions by broadcasters. Hear directly from leading legal experts this month. While the FCC has not formally ruled on it, it appears that some states have similar state laws that allow third parties to buy spots that are authorized by a candidate and may be entitled to lowest unit rates. Federal candidates can buy into any of those classes of time, and they take the same chances as does a commercial advertiser as to where their spots will land (e.g. Lowest Unit Rate Window for the November Election Opens on September 4 - Thoughts on Computing Your Lowest Unit Charges to Political Candidates Blog …

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