MT Radio: Weather Reports Prompt Equal Time Request

John Pulasky

A Republican lawmaker from Billings is demanding equal time on a Miles City radio station where his opponent does the weather.

Five months after launching a similar complaint that cost opponent John Pulasky his Billings weatherman job, Rep. Clayton Fiscus, R-Billings Heights, is asking for air time equal to what Pulasky spends providing weather reports on KATL 770 AM (10Kw-Day, 1Kw-Night).

KATL describes its signal as faint to nonexistent in Billings, but Fiscus told The Gazette he can pick up the station on his car radio when parked in the driveway of his home.

That means there’s a possibility voters with capable radios can do the same, and they’re getting nine minutes and 30 seconds of Pulasky, a Democrat, every day and none of the one-term incumbent Fiscus.

“I’m going to stick up for the law,” Fiscus said. “I’m a lawmaker, not a law breaker.”

Simply put, FCC law states that U.S. radio and television stations are obligated to offer equal time to opposing candidates who request it, with some exceptions for news interviews, documentaries, scheduled newscasts and debates. The gist of the law is that unequal air time for one candidate can influence an election outcome.

However the law has limits, according to KATL station manager Donald Richard. It might be possible to receive faint audio of KATL 770 AM’s signal in Billings, but Billings isn’t part of the area in which KATL provides “city grade” service, neither is the legislative district for which Fiscus and Pulasky are competing.

Pulasky doesn’t promote his campaign while doing the weather.

But the FCC has ruled that it doesn’t matter what a media personality talks about when it comes to equal access on a station that serves area in which the candidate is running. The opponent is entitled to equal time and can use it to campaign.