Rulemaking Petition; Size of Letters in Disclaimers
| Published date | 12 February 2019 |
| Citation | 84 FR 3344 |
| Record Number | 2019-02092 |
| Section | Proposed rules |
| Court | Federal Election Commission |
Federal Register, Volume 84 Issue 29 (Tuesday, February 12, 2019)
[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]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
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.
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\1\ The term ``public communication'' includes any broadcast,
cable, or satellite communication. 11 CFR 100.26.
---------------------------------------------------------------------------
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
