*** NEW SINCLAIR UPDATE ***

[crispini]

From another list:



From El in NY (CCN);

****Major update on Sinclair and FCC****

Okay folks, listen up! I just recieved a call from an FCC spokesperson
(surprisingly) and I will report to you as closely and as simply as I
can what he told me is going on, and how and what he explained regarding
the process involved. First there is some bad news, then maybe good if
action is taken quickly. Please repost this to as many other boards as
you can, especially Kerry's.

-The FCC have been in frequent talks with attorneys on both sides,
(Sinclair and Kerry campaign)

- Complaints regarding the proposed Sinclair Broadcast as an illegal
corporate donation to Bush have to go to the FEC -- The FEDERAL
ELECTIONS COMMISSION. It is under their jurisdiction, and unfortunately
most of us activists have not targeted this direction yet.

- According to the FCC, Sinclair has a legal right under the First
Ammendment to force all of their stations to air this film, no matter
how slanderous. Repercussions can come afterwards from this decision
through a slander suit filed via civil court.

- The standard Equal Time rule applies only to Positive depiction of a
candidate where the candidate appears in the broadcast. If the
broadcast is positive to Bush, but Bush does not appear in it, then
Kerry does not get equal time. ---However--there is a parallel FCC
regulation that MAY apply here:

-The parallel rule is called the Zapple Doctrine (regulation), named
after a regulation proposed by a man (Zapple) who was a counsel to the
congressional communication committee. The FCC Zapple Doctrine states
that if supporters of candidate A air a broadcast that is beneficial to
candidate A before an election, then supporters of Candidate B are
entitled to the equal amount of time on the same stations.

- Under the Zapple Doctrine, the offer by Sinclair to have Kerry appear
on a panel after the broadcast is not considered equal time, but just an
expanded opportunity to further rip Kerry to shreds. Equal Time would
be a airing a film or similar pro- Kerry broadcast of same length of the
offending film.

- In order to rule under the Zapple Doctrine, the Kerry Campaign has to
file a request for equal time under the Zapple Doctrine. As of 10:00am
est they have NOT yet done so. Time is getting short and the FCC has
only days left to act. They are wondering what is holding up the Kerry
campaign from doing so.

- The Zapple Doctrine does not apply if the broadcast in question is
deemed "news". Sinclair is trying to get around this Doctrine by
claiming that this film is "news". However, according to the FCC, just
claiming that this broadcast is news doesn't make it so. They would
have to view the film immediately in order to rule on that. They have
not viewed this film yet because the Kerry campaign has not yet filed a
request for equal time, allowing Sinclair to rebut with their defense of
'news' , which will allow the FCC to rule (in favor of Kerry) on this.
The FCC will demand to see the film immediately if action by the Kerry
campaign is taken on time.

Time is running out Folks. The Kerry campaign must file their request
today in order to recieve the best possible outcome--which is equal
prime time on the same stations before the election for a Pro-Kerry or
anti Bush film of their choosing.


EDITED TO ADD:
So I see two actions here:
1. Call FEC
2. Call Kerry campaign re: Zapple?

thoughts?

[crispini]

1. vanity

:kick:

[mzmolly]

2. Call the campaign.

Quick!

[Lorien]

3. I'll make a complaint the the FEC today

and e-mail Kerry's campaign. Thanks!

[JohnnyCougar]

4. good idea...

We should be finished gloating today and start up again with this Sinclair business. Keep up the pressure with advertisers, as that will put financial pressure on Sinclair to step down. Otherwise, call the FEC.

WE HAVE WORK TO DO!

[crispini]

5. ok, called, left message

Can't imagine they don't know about this but at least they need to know what the internet is saying...

[NewYorkerfromMass]

6. Thanks. The Kerry legal team is excellent

of course, what do you expect from a one time prosecutor....

[Oreo]

7. Kick

Just sent an email to the Kerry campaign

[Texas_Dem]

8. Sent message. Next?

[omnithrope]

9. ***###WHATS WITH THE DRUDGE HEADLINE###*** ? ;)

nt

[democrat_patriot]

10. Kicked.

Email the FEC!!

Contact the FEC

Main Telephone Numbers:
Toll-free: 800-424-9530
Local: 202-694-1100
TDD: 202-219-3336


Mailing Address:
Federal Election Commission
999 E Street, NW
Washington, DC 20463


--------------------------------------------------------------------------------

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Administration
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202-694-1100
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Submit your campaign finance law questions to [e-mail], and a specialist will research your questions and respond within ten business days.

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202-694-1250 E-Mail:
[e-mail]

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800-424-9530 (press 0, then ext. 1015)
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E-Mail:
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