Equal Time Rule Under Section 315: Candidates, Ad Rates, and Requests

The equal time rule, set out in Section 315 of the Communications Act, requires a broadcast station that lets one political candidate use its airwaves to offer the same opportunity to every other candidate running for that office. The statute itself never uses the phrase “equal time.” Its actual language is “equal opportunities,” which the FCC reads as comparable placement and airtime rather than an identical minute-for-minute match.¹ That distinction gives stations some scheduling flexibility while still preventing them from tilting a race toward a favored candidate.

When the Rule Applies

No station is forced to give any candidate airtime. The obligation only kicks in once a broadcast licensee lets one legally qualified candidate appear. From that point on, every rival for the same seat is entitled to access on comparable terms.²

The rule reaches broadcast licensees using the public electromagnetic spectrum, meaning local television and radio stations. Internet-only platforms and streaming services fall outside Section 315 because they don’t use public frequencies. The office match is strict too: a candidate for mayor can’t demand time because a state legislative candidate appeared on the same station. Both people must be running for the same seat in the same election.

Who Qualifies as a Candidate

Only a legally qualified candidate can invoke the rule. That means someone who has publicly announced an intention to run for a specific office, satisfied the legal eligibility requirements for that office, and qualified for a place on the ballot through whatever petition or filing process the jurisdiction requires. Anyone asking for equal opportunities carries the burden of proving that both they and their opponent meet that definition for the same race.³

Write-in candidates can qualify too, but they face an extra hurdle. They must make a “substantial showing” that they are genuinely campaigning. The FCC looks at whether the person has done the kinds of things real candidates do: making campaign speeches, distributing literature, issuing press releases, maintaining a campaign committee or headquarters, and using social media or a campaign website to promote the candidacy. No single item is mandatory, and other activities can count, but a write-in who has done nothing beyond declaring a name won’t clear the bar.⁴

What Counts as a Candidate “Use”

A “use” is any candidate appearance, by voice or by picture, that isn’t covered by one of the news exemptions below.³ The appearance doesn’t have to be a campaign speech or a political message. If viewers or listeners can identify the candidate, it counts, whether the person is delivering a policy address or making a cameo on a local cooking show.

Ads and appearances by outside groups do not trigger equal opportunities. The FCC limits “use” to appearances authorized by the candidate or sponsored by the candidate’s campaign committee.⁵ A Super PAC running attack ads on its own, without candidate authorization, sits outside Section 315 entirely. That’s a meaningful gap given how much modern campaign spending flows through independent expenditure groups.

News Programming Is Exempt

Congress amended the Communications Act in 1959 to carve out four categories of news programming where a candidate’s appearance does not count as a “use” and does not trigger equal-opportunity obligations for rivals:²

Bona fide newscasts, meaning regularly scheduled news programs where the station controls editorial content.
Bona fide news interviews, meaning regularly scheduled interview shows where the station or producer selects guests and controls the format.
Bona fide news documentaries, but only when the candidate’s appearance is incidental to the subject rather than the focus.
On-the-spot coverage of bona fide news events, including political conventions, debates, and press conferences.

“Bona fide” is doing heavy lifting in each of these. The FCC evaluates whether the program’s genuine purpose is delivering news rather than promoting a candidate. A station that creates a talk show specifically to showcase a favored contender cannot claim the news-interview exemption just by calling it one. The agency looks at who controls the format, whether the program existed before the campaign, and whether editorial decisions are driven by news judgment or political motivation. Programs designed to benefit a particular candidate don’t qualify.⁵

Ad Rates in the Election Windows

Section 315(b) caps what stations can charge candidates for airtime close to an election. During the 45 days before a primary or primary runoff and the 60 days before a general or special election, candidates are entitled to the station’s lowest unit charge for the same class of time in the same time period.² That rate reflects every volume discount and package deal the station offers its best commercial advertisers, even if the candidate is only buying a single spot. Outside those windows, stations can charge candidates whatever they charge comparable commercial buyers.

Federal candidates face one more requirement to get the lowest rate. They must certify in writing that their ads will not make direct references to an opponent unless the ad includes a “stand by your ad” disclosure identifying the candidate and confirming approval. A federal candidate who runs an attack ad without the proper disclosure loses the lowest unit rate not just for that spot but for every ad they run for the rest of that election window.²

The lowest unit charge applies only to candidates and their authorized campaign committees. PACs, Super PACs, and independent expenditure groups pay whatever rate they can negotiate, which can be substantially higher.

How to Request Equal Time

You have seven days. Once your opponent’s triggering appearance airs, you must submit a request for equal opportunities to the station within one week. Miss that window and the station has no obligation to accommodate you for that particular use.³ If you weren’t yet a legally qualified candidate when your opponent appeared, the clock starts on the first subsequent use after you achieve candidate status.

Direct the request to the station’s general manager or the person handling political advertising sales. Equal opportunities means comparable time and placement, not necessarily an identical slot. A candidate who appeared during prime time can’t be countered by putting the opponent on at 2 a.m., but the station isn’t obligated to hand you the exact Tuesday-at-8 p.m. window your rival used.⁵

Stations must log all political time sold or given away in an online public inspection file, and any free airtime provided to a candidate has to be recorded there as soon as possible. Those files are publicly accessible through the FCC’s portal, so you can check what your opponents have received.⁶

Stations Cannot Censor a Candidate’s Content

Once a station agrees to provide access under the rule, Section 315 strips it of the power to censor anything the candidate broadcasts.² The station cannot edit, alter, or refuse to air the content. A candidate could say something false, inflammatory, or even defamatory, and the station has no legal authority to cut it.

The Supreme Court addressed the obvious follow-up in 1959. In Farmers Educational & Cooperative Union v. WDAY, Inc., the Court held that because stations cannot censor candidate speech under Section 315, they also cannot be held liable for defamatory statements a candidate makes during that protected airtime.⁷ You can’t punish someone for failing to prevent something they were legally forbidden from preventing. The shield applies regardless of state defamation law.

If a Station Refuses Your Request

The FCC’s Political Programming staff oversees compliance for federal, state, and local candidates. If a station denies your request or fails to provide comparable access, you can contact that office at (202) 418-1440 or campaignlaw@fcc.gov.⁸ Remember that the candidate filing the complaint carries the burden of proving both they and the opponent are legally qualified candidates for the same office.³

Most disputes get resolved through direct negotiation between the candidate and the station. Compliance is part of a station’s broader public-interest obligation, which the FCC evaluates at license renewal, and repeated failures to honor equal-opportunity requests or maintain the political file can put a renewal at risk.

1
Congress.gov. The Equal Time Rule for Political Candidates: Constitutional Context
2
Office of the Law Revision Counsel. 47 USC 315 – Candidates for Public Office
3
eCFR. 47 CFR 73.1941 – Equal Opportunities
4
Federal Communications Commission. Fact Sheet: FCC Political Programming Rules
5
Federal Communications Commission. FCC Media Bureau Guidance on Political Equal Opportunities Requirement
6
Federal Communications Commission. FCC Public Inspection Files
7
Justia. Farmers Educ. and Co-op. Union v. WDAY, Inc., 360 US 525 (1959)
8
Federal Communications Commission. Political Programming