NAB: FCC Lacks Authority to Require Online Posting Of Political Files

In a supplemental filing at the Federal Communications Commission, the National Association of Broadcasters pointed out that since the Bipartisan Campaign Reform Act of 2002 (BCRA) expressly contemplated putting some election-related records on file, but did not expressly extend that to broadcasters' political files, "The clear implication is that Congress did not intend for broadcasters to be subject to [such] an obligation."

Therefore, says NAB, the FCC does not have the authority to impose that requirement if it wanted to, at least not without more direction from Congress. It points out that BCRA's broadcaster reporting requirement says only that they be made "available for public inspection," not that they be put online, as is said about other info, including various FEC reports and disclosures. NAB says it is clear from BCRA that the FEC is meant to be the "central repository" of campaign info and already has detailed campaign broadcast ad spending data. "With this perspective, it is not surprising that Congress would choose not to require broadcasters to post the information online," said NAB. "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."