Page:United States Statutes at Large Volume 86.djvu/49

This page needs to be proofread.

PUBLIC LAW 92-000—MMMM. DD, 1972

86 STAT. ]

PUBLIC LAW 92-225-FEB. 7, 1972

person making such charge that the payment of such charge will not violate paragaph (1), (2), or (3) of subsection (a), whichever is applicable. (c) Section 315 of the Communications Act of 1934 is amended by redesignating subsection (c) as subsection (g) and by inserting after subsection (b) the following new subsections: " (c) No station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate any limitation specified in paragraph (1), (2), or (3) of section 104(a) of the Campaign Communications Reform Act, whichever paragraph is applicable. " (d) If a State by law and expressly— "(1) has provided that a primary or other election for any office of such State or of a political subdivision thereof is subject to this subsection, "(2) has specified a limitation upon total expenditures for the use of broadcasting stations on behalf of the candidacy of each legally qualified candidate in such election, ^' (3) has provided in any such law an unequivocal expression of intent to be bound by the provisions of this subsection, and "(4) has stipulated that the amount of such limitation shall not exceed the amount which would be determined for such election under section 104(a)(1)(B) or 104(a)(2)(B) (whichever is applicable) of the Campaign Communications Reform Act had such election been an election for a Federal elective office or nomination thereto; then no station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate in such election unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate such State limitation. "(e) Whoever willfully and knowingly violates the provisions of subsection (c) or (d) of this section shall be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed five years, or both. The provisions of sections 501 through 503 of this Act shall not apply to violations of either such subsection. " (f)(1) For the purposes of this section: " (A) The term 'broadcasting station' includes a community antenna television system. " (B) The terms 'licensee' and 'station licensee' when used with respect to a community antenna television system, means the operator of such system. " (C) The term 'Federal elective office' means the office of President of the United States, or of Senator or Representative in, or Resident Commissioner or Delegate to, the Congress of the United States. "(2) For purposes of subsections (c) and (d), the term 'legally qualified candidate' means any person who (A) meets the qualifications prescribed by the applicable laws to hold the office for which he is a candidate and (B) is eligible under applicable State law to be voted for by the electorate directly or by means of delegates or electors." REGULATIONS

SEC. 105. The Comptroller General shall prescribe such regulations as may be necessary or appropriate to carry out sections 102, 103(b), 104(a), and 104(b)'of this Act.

nQl

r» _ 7 3 - 4

66 Stat. 717. 47 USC 315.

Ante, p. 5.

Penalty. 47 USC 501-503. Definitions.