NAB Says FCC Can't Require Broadcasters To Post Political Files Online Without Congressional Action
March 9, 2012 at 4:16 AM (PT)
The FCC has filed supplemental comments with the FCC to address the proposal in Congress that broadcasters' political files be posted online, saying that the FCC does not have the authority to impose such a rule on stations.
"in the Bipartisan Campaign Reform Act of 2002 (BCRA)," wrote the NAB, "Congress expressly contemplated that certain election-related records would be made available online. By contrast, Congress did not extend this requirement to broadcasters’ political files. The clear implication is that Congress did not intend for broadcasters to be subject to an obligation to place their political files online and thus, the FCC lacks authority to impose such a requirement absent further legislative action."
Explaining why Congress would not have intended to include broadcasters in the BCRA rule, the NAB added, "First, there is no need for duplicative disclosure. Second, stations are not the entities placing ads. Nor are they in a position to ensure that the information given to them by an advertiser is correct."