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URGENT: Three Major FCC Violations by KERA TV If They Exclude Debra Medina from Texas Gubernatorial Debate

Got this from a friend on Facebook. Share this with everybody you know:

Here is maybe the most important call you can make! (And we only have
one business day to do it in... so call BEFORE Monday at noon!)

First, here's my trail of research so that you get a clear picture:

1) From the KERA debate page: "The program will be distributed at no
charge to all commercial and public radio and television stations
statewide as a public service, courtesy of the Texas Association of
Broadcasters (TAB)"

2) Searching on "Texas Association of Broadcasters" I found this:
http://www.broadcastlawblog.com/tags/texas-association-of-broadcast/
"To help broadcasters prepare for the primary and the rest of the
election season, David Oxenford and Bobby Baker, the head of the FCC's
Office of Political Programming, conducted a webinar for the Texas
Association of Broadcasters on December 2, 2009, originating from the
TAB offices in Austin. The PowerPoint slides used in the presentation
is available here."

3) Clicking on 'here' I found:
http://www.dwt.com/portalresource/12-09_PoliticalBroadcastingTexasAssociation
In that slide show, I noticed 3 violations that KERA is guilty of. They
are...

"Reasonable Access"
-Different state and local races can be treated differently,
as long as all candidates for the same race are treated
the same

"Equal Opportunities"
-Whenever a legally qualified candidate ?uses? a
station, the use triggers ?equal opportunities?
rights for all other candidates for the same
elective office.
-Each opposing candidate must be permitted an equal
opportunity to appear on the station at the same cost
(if any) in a time period of comparable audience size.

****IF ANY

-Equal opportunities are not limited to the pre-election
lowest unit rate Political Window; they apply whenever
a legally qualified candidate ?uses? a station.
-Time for Making Demand
-A candidate seeking equal opportunities must make
his or her demand within seven days of the use by a
competing candidate.

?Use?
-A ?Use? occurs when there is a non-exempt,
positive broadcast of a candidate?s identified or
identifiable voice or image.

Exemptions:
-Bona fide newscasts
-Bona fide news interviews
-Bona fide news documentaries, where the candidate?s
appearance is incidental to the subject
-On-the-spot coverage of bona fide news events

"Who is entitled to LUC? (Lowest Unit Charge)"
-LUC applies to ALL legally qualified candidates.
-State and local candidates are just as entitled to LUC
as federal candidates ? and can?t negotiate it away

****************************

As you can see, there are at least 3 violations from KERA:
1) Reasonable Access
2) Equal Opportunities
3) Use

And if Debra is NOT allowed into the debates, then she has 7 days to
make her demand for 'Equal Opportunity'. (...AND IF T.A.B. NETWORKS
WITH DOZENS OF FREE T.V. AND RADIO, THAT'S A WHOLE HECK OF A LOT OF
FREE ADVERTISING THAT SHE LEGALLY HAS COMING TO HER!!!)

*****Three calls that we all want to make ASAP!*******
(The first two are the two gentlemen who put on the slide show for TAB)

1) David Oxenford
Davis Wright Tremaine LLP
202-973-4256
[email protected]
www.broadcastlawblog.com

2) Bobby Baker
Federal Communications Commission
202-418-1417
[email protected]

3) Texas Association of Broadcasters
502 East 11th Street, Suite 200
Austin, TX 78701
Phone: (512) 322-9944
Fax: (512) 322-0522

(Let them know that you've already contact David and Bobby ;-)

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