Hearings

1 the following: "other than the office of President or Vice 2 President of the United States,".

3 (b) Section 315(b) of such Act is amended to read as 4 follows:

5 "(b) The charges made for the use of any broadcasting 6 station by any person who is a legally qualified candidate for

any public office in connection with his campaign for nomina8 tion for election, or election, to such office shall not exceed— "(1) during the forty-five days preceding the date

of a primary election and during the sixty days preceding the date of a general or special election in which such

person is a candidate, the lowest unit charge of the station for the same amount of time during the same period; and

"(2) at any other time, the charges made for com

parable use of such station by other users thereof."

17 "or" at the end of clause (5), striking the period at the end of 18 clause (6) and inserting in lieu thereof a semicolon and "or", 19 and adding at the end of such section 312(a) the following 20 new clause

"(7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable

amounts of time for the use of a broadcasting station by a legally qualified candidate on behalf of his candidacy.".

EXPENDITURE LIMITATIONS FOR CANDIDATES FOR

MAJOR ELECTIVE OFFICES

SEC. 102. Section 315 of the Communications Act of

6 1934 is further amended by redesignating subsection (c)

as subsection (e) and by inserting immediately before

8 such subsection the following new subsections:

"(e) (1) For purposes of this subsection, the term 'major 10 elective office' means the office of President, United States 11 Senator or Representative, or Governor or Lieutenant Governor of a State.

"(c) (1) For purposes of this subsection and subsection 14 (d), the term—

"(A) Federal elective office' means the office of President, Vice President, United States Senator or Representative, or Delegate or Resident Commissioner to the Congress;

"(B) 'use of broadcasting stations by or on behalf of any candidate' includes not only broadcasts advocating

such candidate's election, but also broadcasts urging the

defeat of his opponent or derogating his opponent's stand on campaign issues;

"(C) legally qualified candidate' means any person who (1) meets the qualifications prescribed by the ap

1 the following: "other than the office of President or Vice 2 President of the United States,".

3 (b) Section 315(b) of such Act is amended to read as

4 follows:

"(b) The charges made for the use of any broadcasting

6 station by any person who is a legally qualified candidate for

any public office in connection with his campaign for nomina8 tion for election, or election, to such office shall not exceed— "(1) during the forty-five days preceding the date

122

of a primary election and during the sixty days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station

for the same amount of time during the same period; and "(2) at any other time, the charges made for comparable use of such station by other users thereof."

(c) Section 312(a) of such Act is amended by striking 17 "or" at the end of clause (5), striking the period at the end of 18 clause (6) and inserting in lieu thereof a semicolon and “or”, 19 and adding at the end of such section 312(a) the following 20 new clause

"(7) for willful or repeated failure to allow

22 reasonable access to or to permit purchase of reasonable

1 wide office in such State, the amount determined under sub

2 paragraph (A)(i) shall be 7 eents multiplied by such great

3 est total number of votes for statewide office.

"(A) 5 cents multiplied by the estimate of resident population of voting age for such office, as determined by the Bureau of Census in June of the year preceding the year in which the election is to be held; or

"(B) $30,000, if greater than the amount determined under subparagraph (A).

10 A legally qualified candidate for nomination for election 11 to the office of President may not spend a total amount

for all primary elections held for such office in which he is

a candidate in excess of the limitation provided by the first 14 sentence of this paragraph.

15 "(3) No legally qualified candidate in a primary elee16 tion for nomination to a major elective office, other than 17 President, may spend for the use of broadcasting stations 18 on behalf of his candidacy in such election a total amount in 19 excess of 50 per centum of the amount determined under 20 paragraph (2) with respect to the general election for such 21 office.

222

"(4)(3) Amounts spent for the use of broadcasting sta

23 tions on behalf of any legally qualified candidate for major 24 Federal elective office (or for nomination to such office) 25 shall, for the purposes of this subsection, be deemed to have

1 been spent by such candidate. Amounts spent for the use of 2 broadcasting stations by or on behalf of any legally qualified 3 candidate for the office of Vice President of the United 4 States shall, for the purposes of this subsection, be deemed 5 to have been spent by the candidate for the office of Presi6 dent of the United States with whom he is running.

"(5)(4) No station licensee may make any charge for 8 the use of such station by or on behalf of any candidate for 9 major Federal elective office (or for nomination to such 10 office) unless such candidate, or a person specifically author11 ized by such candidate in writing to do so, certifies to such li12 censee in writing that the payment of such charge will not 13 violate paragraph (2) or (3), whichever is applicable. 14 "(6)(5) Broadcasting stations and candidates shall file 15 with the Commission such reports at such times and contain16 ing such information as the Commission shall prescribe for 17 the purpose of this subsection and, in the case of broadcast

18 ing stations, subsection (d).

2 2 2 2 2 2 5

"(d) If the Commission determines that—

"(1) a State by law

"(A) has provided that a primary or other

election for any office of such State (other than

Governor or Lieutenant Governor) or of a political

subdivision thereof is subject to this subsection, and

"(B) has specified a limitation upon total ex

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