Sec. 76.209  Fairness doctrine; personal attacks; political editorials.

    (a) A cable television system operator engaging in origination 
cablecasting shall afford reasonable opportunity for the discussion of 
conflicting views on issues of public importance.

    Note: See public notice, ``Applicability of the Fairness Doctrine in 
the Handling of Controversial Issues of Public Importance,''  29 FR 10415 .

    (b) When, during such origination cablecasting, an attack is made 
upon the honesty, character, integrity, or like personal qualities of an 
identified person or group, the cable television system operator shall, 
within a reasonable time and in no event later than one (1) week after 
the attack, transmit to the person or group attacked:
    (1) Notification of the date, time, and identification of the 
cablecast;
    (2) A script or tape (or an accurate summary if a script or tape is 
not available) of the attack; and
    (3) An offer of a reasonable opportunity to respond over the 
system's facilities.
    (c) The provisions of paragraph (b) of this section shall not apply 
to cablecast material which falls within one or more of the following 
categories:
    (1) Personal attacks on foreign groups or foreign public figures;
    (2) Personal attacks occurring during uses by legally qualified 
candidates.
    (3) Personal attacks made during cablecasts not included in 
paragraph (b)(2) of this section and made by legally qualified 
candidates, their authorized spokespersons or those associated with them 
in the campaign, on other such candidates, their authorized 
spokespersons or persons associated with the candidates in the campaign; 
and
    (4) Bona fide newscasts, bona fide news interviews, and on-the-spot 
coverage of bona fide news events (including commentary or analysis 
contained in the foregoing programs, but, the provisions of paragraph 
(b) of this section shall be applicable to editorials of the cable 
television system operator).
    (d) Where a cable television system operator, in an editorial, (1) 
endorses or (2) opposes a legally qualified candidate or candidates, the 
system operator shall, within 24 hours of the editorial, transmit to 
respectively (i) the other qualified candidate or candidates for the 
same office, or (ii) the candidate opposed in the editorial, (a) 
notification of the date, time, and channel of the editorial; (b) a 
script or tape of the editorial; and (c) an offer of a reasonable 
opportunity for a candidate or a spokesman of the candidate to respond 
over the system's facilities: Provided, however, That where such 
editorials are cablecast within 72 hours prior to the day of the 
election, the system operator shall comply with the provisions of this 
paragraph sufficiently far in advance of the broadcast to enable the 
candidate or candidates to have a reasonable opportunity to prepare a 
response and to present it in a timely fashion.

[ 37 FR 3278 , Feb. 12, 1972, as amended at  42 FR 19347 , Apr. 13, 1977;  44 FR 45956 , Aug. 6, 1979]