Sec. 76.205  Origination cablecasts by legally qualified candidates for 
          public office; equal opportunities.

    (a) General requirements. No cable television system is required to 
permit the use of its facilities by any legally qualified candidate for 
public office, but if any system shall permit any such candidate to use 
its facilities, it shall afford equal opportunities to all other 
candidates for that office to use such facilities. Such system shall 
have no power of censorship over the material broadcast by any such 
candidate. Appearance by a legally qualified candidate on any:
    (1) Bona fide newscast;
    (2) Bona fide news interview;
    (3) Bona fide news documentary (if the appearance of the candidate 
is incidental to the presentation of the subject or subjects covered by 
the news documentary); or
    (4) On-the-spot coverage of bona fide news events (including, but 
not limited to political conventions and activities incidental thereto) 
shall not be deemed to be use of a system. (section 315(a) of the 
Communications Act.)
    (b) Uses. As used in this section and Sec. 76.206, the term ``use'' 
means a candidate appearance (including by voice or picture) that is not 
exempt under paragraphs 76.205 (a)(1) through (a)(4) of this section.
    (c) Timing of Request. A request for equal opportunities must be 
submitted to the system within 1 week of the day on which the first 
prior use giving rise to the right of equal opportunities occurred: 
Provided, however, That where the person was not a candidate at the time 
of such first prior use, he or she shall submit his or her request 
within 1 week of the first subsequent use after he or she has become a 
legally qualified candidate for the office in question.
    (d) Burden of proof. A candidate requesting equal opportunities of 
the system or complaining of noncompliance to the Commission shall have 
the burden of proving that he or she and his or her opponent are legally 
qualified candidates for the same public office.
    (e) Discrimination between candidates. In making time available to 
candidates for public office, no system shall make any discrimination 
between candidates in practices, regulations, facilities, or services 
for or in connection with the service rendered pursuant to this part, or 
make or give any preference to any candidate for public office or 
subject any such candidate to any prejudice or disadvantage; nor shall 
any system make any contract or other agreement which shall have the 
effect of permitting any legally qualified candidate for

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any public office to cablecast to the exclusion of other legally 
qualified candidates for the same public office.

[ 57 FR 210 , Jan. 3, 1992, as amended at  59 FR 14568 , Mar. 29, 1994]