[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Proposed Rules]
[Page 31164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11628]


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FEDERAL ELECTION COMMISSION

11 CFR Part 110

[Notice 2002-6]


Candidate Debates

AGENCY: Federal Election Commission.

ACTION: Petition for Rulemaking; Notice of Availability.

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SUMMARY: On April 10, 2002, the Commission received a Petition for 
Rulemaking from several major news organizations that are listed below. 
The petitioners urge the Commission to amend its rules to explicitly 
state that the sponsorship by a news organization (or a related trade 
association) of a debate between political candidates does not 
constitute an illegal corporate campaign contribution or expenditure in 
violation of the Federal Election Campaign Act of 1971, as amended 
(``the Act'') and that the Commission would have no jurisdiction over 
such sponsorship. This petition is available for inspection in the 
Commission's Public Records Office through its Faxline service, and on 
the Commission's Web site at www.fec.gov.

DATES: Statements in support of or in opposition to the petition must 
be filed on or before June 10, 2002.

ADDRESSES: All comments should be addressed to Ms. Rosemary C. Smith, 
Assistant General Counsel, and must be submitted in either written or 
electronic form. Electronic mail comments should be sent to 
[email protected]. Written comments should be sent to the Federal 
Election Commission, 999 E Street, NW., Washington, DC 20463. Faxed 
comments should be sent to (202) 219-3923, with printed copy follow-up 
to insure legibility. Commenters sending comments by electronic mail 
must include their full name, electronic mail address and postal 
service address within the text of their comments. Comments that do not 
contain the full name, electronic mail address and postal service 
address of the commenter will not be considered. The Commission will 
make every effort to have public comments posted on its Web site within 
ten business days of the close of the comment period.

FOR FURTHER INFORMATION CONTACT: Ms. Rosemary C. Smith, Assistant 
General Counsel, or Mr. Michael Marinelli, Staff Attorney, 999 E 
Street, NW., Washington, D.C. 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On April 10, 2002, the Commission received a 
Petition for Rulemaking from CBS Broadcasting Inc.; American 
Broadcasting Companies Inc.; Belo Corp.; Cox Enterprises, Inc.; Gannett 
Co., Inc.; the National Association of Broadcasters; National 
Broadcasting Co., Inc.; News America Incorporated; The New York Times 
Company; Post-Newsweek Stations, Inc.; the Radio and Television News 
Directors Association; the Society of Professional Journalists; and 
Tribune Company regarding the Commission's candidate debate regulations 
at 11 CFR 110.13. Paragraph (c) of section 110.13 states, inter alia, 
that ``[f]or all debates, staging organization(s) must use pre-
established objective criteria to determine which candidates may 
participate in a debate.'' Id. The petition asserts that this 
regulation should be repealed. It argues that any regulation of the 
sponsorship by news organization (or a related trade association) is 
contrary to the clear intent of the U.S. Congress, irreconcilable with 
other FEC decisions, in conflict with the regulatory decisions of the 
Federal Communications Commission and unconstitutional. The petition 
urges the Commission to draft new regulations that explicitly declare 
such sponsorship is legal under the Act and to refrain from any further 
regulatory jurisdiction over the sponsorship of a candidate debate by a 
news organization or trade association of members of the press.
    Copies of the petitions are available for public inspection in the 
Commission's Public Records Office, 999 E Street, NW., Washington, DC 
20463, Monday through Friday between the hours of 9 a.m. and 5 p.m. 
Copies of the petitions can also be obtained at any time of the day and 
week from the Commission's home page at www.fec.gov, or from the 
Commission's Faxline. To obtain copies of the petitions from Faxline, 
dial (202) 501-3413 and follow the Faxline service instructions. 
Request document # to receive the petition.
    All statements in support of or in opposition to the petition 
should be addressed to Ms. Rosemary C. Smith, Assistant General 
Counsel, and must be submitted in either written or electronic form. 
Written comments should be sent to the Commission's postal service 
address: Federal Election Commission, 999 E Street, NW., Washington, DC 
20463. Faxed comments should be sent to (202) 219-3923. Commenters 
submitting faxed comments should also submit a printed copy to the 
Commission's postal service address to ensure legibility. Comments may 
also be sent by electronic mail to [email protected]. Commenters 
sending comments by electronic mail must include their full name, 
electronic mail address and postal service address within the text of 
their comments. All comments, regardless of form, must be submitted by 
June 10, 2002. Commenters are strongly encouraged to send comments 
electronically to ensure timely receipt and consideration.
    Consideration of the merits of the petition will be deferred until 
the close of the comment period. If the Commission decides that the 
petition has merit, it may begin a rulemaking proceeding. Any 
subsequent action taken by the Commission will be announced in the 
Federal Register.

    Dated: May 6, 2002.
David M. Mason,
Chairman, Federal Election Commission.
[FR Doc. 02-11628 Filed 5-8-02; 8:45 am]
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