WKRC Channel 12 Could Lose FCC License by airing Schmidt-Wulsin Debate
Piketon, Ohio
Ohio Second Congressional District independent write-in candidate Nate Noy today continued on the path of his anti-corruption campaign trail by announcing that WKRC Channel 12 has violated Title 47 of the United States Code section 315 and that he intends to pursue an immediate legal action against the station unless the issue is immediately rectified.
Noy who holds a JD stated: “ The Communications Act of 1934 as amended in Title 47 of the USC is very explicit in section 315: ‘If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.’ By airing this debate without me Channel 12 has subjected itself to section 312 of the code administrative sanctions.”
Link to CODE.
Section 312 of the code states: “The Commission may revoke any station license or construction permit for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.”
Noy added: “I will attempt to negotiate an alternative settlement with Channel 12 however the code and the subsequent Becker case make this an iron-clad rule. The teeth that the penalty carries in this type of case under the code have some very serious bite, in fact in addition to a potential $1,000,000 fine I could actually end up with Channel 12’s license to broadcast.”
In closing Noy added: “The law is the law. Some in the media may believe they can take my anti-corruption campaign lightly. However, they have picked the proverbial wrong little guy to mess with this time. I will see this issue through no matter the cost. And this should put others on clear notice that if they even consider breaking the law in their elections coverage that they will be next on my list.”
For more information regarding Noy’s findings please contact the Nate Noy for Congress Committee campaign headquarters at 513-259-7782 or admin@noyforcongress.com.
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Ohio Second Congressional District independent write-in candidate Nate Noy today continued on the path of his anti-corruption campaign trail by announcing that WKRC Channel 12 has violated Title 47 of the United States Code section 315 and that he intends to pursue an immediate legal action against the station unless the issue is immediately rectified.
Noy who holds a JD stated: “ The Communications Act of 1934 as amended in Title 47 of the USC is very explicit in section 315: ‘If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.’ By airing this debate without me Channel 12 has subjected itself to section 312 of the code administrative sanctions.”
Link to CODE.
Section 312 of the code states: “The Commission may revoke any station license or construction permit for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.”
Noy added: “I will attempt to negotiate an alternative settlement with Channel 12 however the code and the subsequent Becker case make this an iron-clad rule. The teeth that the penalty carries in this type of case under the code have some very serious bite, in fact in addition to a potential $1,000,000 fine I could actually end up with Channel 12’s license to broadcast.”
In closing Noy added: “The law is the law. Some in the media may believe they can take my anti-corruption campaign lightly. However, they have picked the proverbial wrong little guy to mess with this time. I will see this issue through no matter the cost. And this should put others on clear notice that if they even consider breaking the law in their elections coverage that they will be next on my list.”
For more information regarding Noy’s findings please contact the Nate Noy for Congress Committee campaign headquarters at 513-259-7782 or admin@noyforcongress.com.
-30-
posted by natenoy | 10:35 AM
7 Comments:
You're a write-in candidate, you say it yourself. You're not on the ballot, you're not a qualified candidate. You have your comittee registered with the FEC so that you can raise and spend funds for you campaign but that doesn't make you a candidate. You're a fool is what you are.
Section 73.1940 [47 CFR §73.1940] Legally qualified candidates for public office.
(a) A legally qualified candidate for public office is any person who:
(1) Has publicly announced his or her intention to run for nomination or office;
(2) Is qualified under the applicable local, State or Federal law to hold the office for which he or she is a candidate; and
(3) Has met the qualifications set forth in either paragraph (b), (c), (d), or (e) of this section.
(b) A person seeking election to any public office including that of President or Vice President of the United States, or nomination for any public office except that of President or Vice President, by means of a primary, general or special election, shall be considered a legally qualified candidate if, in addition to meeting the criteria set forth in paragraph (a) of this section, that person:
(1) Has qualified for a place on the ballot; or
(2) Has publicly committed himself or herself to seeking election by the write-in method and is eligible under applicable law to be voted for by sticker, by writing in his or her name on the ballot or by other method, and makes a substantial showing that he or she is a bona fide candidate for nomination or office.
(c) A person seeking election to the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules in 47 CFR chapter I, be considered legally qualified candidates only in those States or territories (or the District of Columbia) in which they have met the requirements set forth in paragraphs (a) and (b) of this section: Except, that any such person who has met the requirements set forth in paragraphs (a) and (b) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for election in all States, territories, and the District of Columbia for the purposes of this Act.
(d) A person seeking nomination to any public office, except that of President or Vice President of the United States, by means of a convention, caucus or similar procedure, shall be considered a legally qualified candidate if, in addition to meeting the requirements set forth in paragraph (a) of this section, that person makes a substantial showing that he or she is a bona fide candidate for such nomination: Except, that no person shall be considered a legally qualified candidate for nomination by the means set forth in this paragraph prior to 90 days before the beginning of the convention, caucus or similar procedure in which he or she seeks nomination.
(e) A person seeking nomination for the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered a legally qualified candidate only in those States or territories (or the District of Columbia) in which, in addition to meeting the requirements set forth in paragraph (a) of this section:
(1) He or she, or proposed delegates on his or her behalf, have qualified for the primary or Presidential preference ballot in that State, territory or the District of Columbia; or
(2) He or she has made a substantial showing of a bona fide candidacy for such nomination in that State, territory or the District of Columbia; except, that any such person meeting the requirements set forth in paragraphs (a)(1) and (2) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for purposes of this Act.
(f) The term "substantial showing" of a bona fide candidacy as used in paragraphs (b), (d) and (e) of this section means evidence that the person claiming to be a candidate has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, and establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her campaign manager). Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing.
From the sounds of your post you my friend do NOT hold a JD.
Read the code:
[43 FR 32795, July 28, 1978, as amended at 43 FR 45856, Oct. 4, 1978; 43 FR 55769, Nov. 29, 1978; 45 FR 26066, Apr. 17, 1980; 45 FR 28141, Apr. 28, 1980; 57 FR 208, Jan. 3, 1992; 57 FR 27708, June 22, 1992]
From the sounds of your post you my friend do NOT hold a JD.
Read the code:
I AM certified as a candidate by the Board of Elections. Charlie Wilson received 66% of the vote in the OH-6 primary as a write-in this year. Joe Deters got over 120,000 votes in his race for Hamilton County Prosecutor in 2004.
Sorry, the LAW is very CLEAR. I am VERY MUCH a REAL Candidate.
Nate, this also happened to me in the May primary. I was on the ballot and they even mentioned me on the Newsmakers show, but I was not invited. I let it go. Especially after seeing the program and how continous it was I would have walked out anyway. But good luck with your filing. It will make it easier on the rest of us next time.
Debbie, I watched that episode: Jean lies to Dan Hurley about her “web developer” being responsible for her fake college degree even though she first claimed it in 1989.
I hope this DOES level the playing field for next time. You pulled in a ton of votes for such a limited budget, I’m sure you’ll do even better in ’08.
And who's going to be bringing the case against WKRC, seeing as you have no money and aren't a member of the bar? You really think you can beat a television station in a legal case? I'm pretty sure CBS will put up some money for their only affiliate in Cincinnati. Fool.
There in lies the true beauty of this. I’ve been contacted by a number of individuals and organizations that don’t even agree with my platform that are ready to stick it to channel 12.
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