CNN
By Frank Pallota
October 15, 2015
Donald Trump's upcoming stint as host of "Saturday Night Live" could trigger the federal "equal time" rule for his 13 rivals.
But that doesn't mean Jeb Bush, Marco Rubio and the other Republican contenders will get to host SNL.
Hillary
Clinton's appearance on the show earlier this month also qualified for
the equal time provision, prompting NBC to send a memo to its affiliates
alerting them to
that possibility and that Clinton was on air for three minutes and 12
seconds.
According
to Andrew Schwartzman, a professor of communications law at Georgetown
University, the FCC's "equal time" rule states that opposing candidates
"are entitled
to the same quantity, day part and price as their opponents" in terms
of airtime.
Candidates
who may want to invoke the equal time rule after Trump's appearance can
request it only in states where Trump has a "substantial showing" of
campaigning --
likely Iowa and New Hampshire at this point in the campaign.
Trump's
opponents will have up to seven days following his November 7
appearance to request the time. Any request would likely lead to
stations and candidates negotiating
for a comparable amount of late night air time -- which could be free
ad time on the station.
Trump made his last appearance as "SNL" host in 2004.
Schwartzman
said the often overlooked rule matters more in local elections than in
presidential contests, and he notes that the rule has evolved in recent
years.
"The
FCC has expanded the four exemptions to the rule so that most free
appearances are not covered because they are treated as 'bona fide news
interviews,'" Schwartzman
said.
"Significantly, the FCC has ruled that The Tonight Show and the other late-night shows are 'bona fide news interview shows.'"
"SNL," however, is considered to be entertainment programming so "equal time" can be used.
For NBC, allowing Trump to host in spite of the "equal-time" exposure appears to be risk versus reward.
Trump
has been the biggest name of the early 2016 campaign and has boosted
ratings in debates and even NBC's "Tonight Show," so having him on SNL
could give the show a
viewership boost.
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