Disclose Act Section Could Alter Political Ad Rates

Broadcasters are studying language in a bill heralded by Senate Democrats as a response to the recent Citizens United v. FEC Supreme Court decision that could change the way politicians and their parties buy time on TV and radio stations. The Disclose Act, sponsored by Sen. Charles Schumer, D-N.Y., and others, would expand the rules giving candidates for elected office access to broadcast time at regulated rates. NAB is reviewing the bill and has some concerns, a spokesman said.

Broadcasters will probably fight the proposal, said broadcast lawyer Cliff Harrington of Pillsbury Winthrop. “Once the NAB and others really home in on what it says, I think there will be a lot of grass roots opposition from the broadcasters,” he said. “It’s going to be a fight and it’s one broadcasters are going to want to spend some money on. Unfortunately, there’s a lot of issues out there right now."

Beyond expanding lowest-unit-charge provisions to political parties and national committees, the bill could also lower the rates broadcasters can charge LUC-eligible candidates, Davis Wright attorney David Oxenford wrote on the firm’s blog. “It is unclear if this is an intentional attempt to make stations sell prime time spots at overnight rates, but the current language of the bill seems to avoid the traditional distinctions of spots being sold based on their class,” he said.

The proposed changes probably won’t be that hard on stations, said a media strategist who works with Democratic candidates. “Broadcasters will bitch about anything and I don’t really think this would have a huge impact on them because they're getting so much other stuff,” the strategist said. “They're still getting a lot of issue money from other groups."

For now the LUC language is only in the Senate version of the bill, said Policy Director Meredith McGehee of the Campaign Legal Center. “One of the reasons this came up in the context of Citizens United is that you're going to have increased competition for that broadcast air time,” from issue ads, she said. “If you're a senator, you know you've got to go on television. To some degree the broadcasters have you over a barrel.”