[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Page 3344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02092]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / 
Proposed Rules  

[[Page 3344]]



FEDERAL ELECTION COMMISSION

11 CFR Part 110

[Notice 2019-04]


Rulemaking Petition; Size of Letters in Disclaimers

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition; notification of availability.

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SUMMARY: On December 4, 2018, the Federal Election Commission received 
a Petition for Rulemaking asking the Commission to amend the existing 
regulation pertaining to the size of letters in disclaimers on 
television ads. The Commission seeks comments on the petition.

DATES: Comments must be submitted on or before April 15, 2019.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's website at 
http://sers.fec.gov/fosers/, reference REG 2018-05. Alternatively, 
commenters may submit comments in paper form, addressed to the Federal 
Election Commission, Attn.: Robert M. Knop, Assistant General Counsel, 
1050 First Street NE, Washington, DC 20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, and state. All properly submitted comments, including 
attachments, will become part of the public record, and the Commission 
will make comments available for public viewing on the Commission's 
website and in the Commission's Public Records Office. Accordingly, 
commenters should not provide in their comments any information that 
they do not wish to make public, such as a home street address, 
personal email address, date of birth, phone number, social security 
number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General 
Counsel, or Mr. Tony Buckley, Attorney, Office of the General Counsel, 
1050 First Street NE, Washington, DC 20463, (202) 694-1650 or (800) 
424-9530.

SUPPLEMENTARY INFORMATION: With some exceptions, the Federal Election 
Campaign Act, 52 U.S.C. 30101-45, and Commission regulations require 
disclaimers for public communications that are made by a political 
committee, that expressly advocate the election or defeat of a clearly 
identified federal candidate, or that solicit contributions. See 52 
U.S.C. 30120(a); 11 CFR 110.11(a).\1\ The information those disclaimers 
must include vary depending on whether the communications were 
authorized or paid for by a candidate, an authorized committee, or an 
agent of either. See 52 U.S.C. 30120(d); 11 CFR 110.11(b) and (c). All 
disclaimers must be presented in a clear and conspicuous manner to give 
the readers, observers, or listeners, adequate notice of who paid for 
or authorized the communication. 52 U.S.C. 30120(c) and (d); 11 CFR 
110.11(c).
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    \1\ The term ``public communication'' includes any broadcast, 
cable, or satellite communication. 11 CFR 100.26.
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    Disclaimers on communications transmitted via television or through 
any broadcast, cable or satellite transmission are subject to certain 
additional requirements. Among those requirements, such communications 
made by political committees (whether or not authorized or paid for by 
a candidate) must carry a written disclaimer in letters equal to or 
greater than four percent of the communication's vertical picture 
height. See 52 U.S.C. 30120(d); 11 CFR 110.11(c)(3)(iii)(A), 
(4)(iii)(A).
    On December 4, 2018, the Commission received a Petition for 
Rulemaking from Extreme Reach (``Petition'') asking the Commission to 
amend 11 CFR 110.11(c)(3)(iii)(A). The Petition contends that the 
current standard for TV ads is outdated due to the fact that it was 
promulgated during a period when television was broadcast in standard 
definition, rather than the current high definition.
    The Petition cites a publication of the International 
Telecommunication Union, Petition at 13-31, to support its assertion 
that high definition is the current standard for television broadcasts. 
The Petition also includes the disclaimer portions of advertising 
guidelines from the ABC, CBS, and NBC television networks. Petition at 
44-47. According to the Petition, these guidelines support the 
contention that the current industry guidelines for a normal disclaimer 
size is 22 pixels (approximately two percent of the vertical picture 
height) using high definition resolution. Petition at 2. The Petition 
also includes screen shots purporting to show how a disclaimer appears 
in high definition under the four percent standard, and how a 
disclaimer appears in high definition using the proposed two percent 
standard. In light of this, the Petition asks the Commission to open a 
rulemaking to revise ``[the Commission's regulation] to add a separate 
requirement for [high definition] where letters must be equal to or 
greater than two (2) percent of the vertical picture height and specify 
that the four (4) percent of the vertical picture height requirement 
only applies to [standard definition].''
    The Commission seeks comments on the Petition. The public may 
inspect the Petition on the Commission's website at http://sers.fec.gov/fosers/, or in the Commission's Public Records Office, 
1050 First Street NE, 12th Floor, Washington, DC 20463, Monday through 
Friday, from 9 a.m. to 5 p.m.
    The Commission will not consider the Petition's merits until after 
the comment period closes. If the Commission decides that the Petition 
has merit, it may begin a rulemaking proceeding. The Commission will 
announce any action that it takes in the Federal Register.

    On behalf of the Commission,
Ellen L. Weintraub,
Chair, Federal Election Commission.
[FR Doc. 2019-02092 Filed 2-11-19; 8:45 am]
 BILLING CODE 6715-01-P