LINKS For Station Owners Ron Davenport, owner WAMO radio (black hip-hop format) Pittsburgh, Pa. Dear Mr. Davenport: Pursuant to our telephone conversation, here are reasons why your station should and indeed legally must run my political ads to comply with federal law. 1) You would be violating federal law (see legal texts) if you refuse them. 2) I am a legitimate and federally registered write-in candidate for president (see scans), and I am legitimately also campaigning, handing out literature, giving speeches and now running ads on other radio stations, which is called “making a substantial showing of candidacy.” My website attests to all this: JohndeNugent.com Beyond this, I appeal to your fairness. I understand your audience, better than many hypocritical and condescending white liberals, and speak with them constantly. I did so also as a high school teacher and as a Marine. How many white Americans have even HEARD of Marcus Garvey, one of the most famous names to African-Americans? Further, my ads are trying to PREVENT the assassination of Barack Obama, which many African-Americans, including my bank's branch manager, already have told me they fear. Many blacks fear a GOVERNMENT operation, just as they fear that Martin Luther King, Jr. was killed by a shady, rogue, clandestine, out-of-control government operation. The King family itself has publicly stated they believed that supposed assassin James Earl Ray was completely innocent and was “framed.” Several reputable documentaries point to FBI involvement, perhaps on their suspicion that King, because of certain friends and his speechwriter, was a “closet communist.” My ads are designed to PREVENT a race war, and save an important man's life, Barack Obama's. I am a fervent supporter of the founder of “African Unity,” Marcus Garvey, and I wish that Barack Obama, as an African-American, and if elected (and not disqualified over the serious birth certificate & citizenship issues that former Hillary Clinton lawyer Philip Berg is raising) would promote the goals of Marcus Garvey. They were and are BLACK SELF-RULE and EMPOWERMENT, and not the impossible dream of “integration” which this still beloved black hero, Garvey, (1887-1940), as a proud pan-African rights activist -- who was “railroaded” into prison and out of the USA by the FBI, and we have the memos from J. Edgar Hoover to prove he was so targeted -- rightly rejected as undoable. The very threat of race riots right now, should Obama lose, show that after 400 years together, and after 40 years of civil rights legislation, blacks and whites in America still live in worlds apart and in mutual tension, and that integration has largely failed, and will continue to fail, perhaps even more so should the economy actually crash. I am a Marcus Garveyite, not a “hater.” I love my community and respect others that respect mine. Legal Texts: Please read the below, Mr. Davenport, and if you have any questions, please phone the FCC's Political Office at 202-418-2120 (or 202-418-1440 ), and ask for Bobby Baker, Assistant Division chief, Policy Division, Media Bureau (Candidate Affairs), or Mark Berlin at (202) 418-1423. A nice lady with the Federal Communications Commission, Hope Cooper, with the FCC's Media Bureau (tel: 202-418-1440) told my advisor that I should report to her or Bobby Baker immediately, any radio station that refuses to run my campaign ads. Baker also told my advisor, draconianly, that a station's license could be revoked for refusal to run candidate ads. Four your information, Missouri's 7th Congressional District has an open former Klansman running repeatedly as a congressional candidate, and all Missouri radio stations in his area run his ads -- albeit with a disclaimer – yet his ads are strongly and even “offensively” worded, which mine are not. I hope we can have a good business relationship now and in the future as I become a political fixture here in western Pennsylvania -- and reach out to dialogue, with the African-American community and others, as a white civil rights activist and a political candidate, speaker and thinker. With time so short, I of course hope to hear back from you very shortly. Thank you. Cordially yours, John de Nugent Candidate for president of the United States (724) 524-1002 Section 73.1940 [47 CFR §73.1940] Legally qualified candidates for public office. (a) A legally qualified candidate for public office is any person who: (1) Has publicly announced his or her intention to run for nomination or office; (2) Is qualified under the applicable local, State or Federal law to hold the office for which he or she is a candidate; and (3) Has met the qualifications set forth in either paragraph (b), (c), (d), or (e) of this section. (b) A person seeking election to any public office including that of President or Vice President of the United States, or nomination for any public office except that of President or Vice President, by means of a primary, general or special election, shall be considered a legally qualified candidate if, in addition to meeting the criteria set forth in paragraph (a) of this section, that person: (1) Has qualified for a place on the ballot; or (2) Has publicly committed himself or herself to seeking election by the write-in method and is eligible under applicable law to be voted for by sticker, by writing in his or her name on the ballot or by other method, and makes a substantial showing that he or she is a bona fide candidate for nomination or office. (c) A person seeking election to the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules in 47 CFR chapter I, be considered legally qualified candidates only in those States or territories (or the District of Columbia) in which they have met the requirements set forth in paragraphs (a) and (b) of this section: Except, that any such person who has met the requirements set forth in paragraphs (a) and (b) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for election in all States, territories, and the District of Columbia for the purposes of this Act. (d) A person seeking nomination to any public office, except that of President or Vice President of the United States, by means of a convention, caucus or similar procedure, shall be considered a legally qualified candidate if, in addition to meeting the requirements set forth in paragraph (a) of this section, that person makes a substantial showing that he or she is a bona fide candidate for such nomination: Except, that no person shall be considered a legally qualified candidate for nomination by the means set forth in this paragraph prior to 90 days before the beginning of the convention, caucus or similar procedure in which he or she seeks nomination. (e) A person seeking nomination for the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered a legally qualified candidate only in those States or territories (or the District of Columbia) in which, in addition to meeting the requirements set forth in paragraph (a) of this section: (1) He or she, or proposed delegates on his or her behalf, have qualified for the primary or Presidential preference ballot in that State, territory or the District of Columbia; or (2) He or she has made a substantial showing of a bona fide candidacy for such nomination in that State, territory or the District of Columbia; except, that any such person meeting the requirements set forth in paragraphs (a)(1) and (2) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for purposes of this Act. (f) The term "substantial showing" of a bona fide candidacy as used in paragraphs (b), (d) and (e) of this section means evidence that the person claiming to be a candidate has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, and establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her campaign manager). Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing. [43 FR 32795, July 28, 1978, as amended at 43 FR 45856, Oct. 4, 1978; 43 FR 55769, Nov. 29, 1978; 45 FR 26066, Apr. 17, 1980; 45 FR 28141, Apr. 28, 1980; 57 FR 208, Jan. 3, 1992; 57 FR 27708, June 22, 1992] Section 73.1941 [47 CFR §73.1941] Equal Opportunities. (a) General requirements. Except as other-wise indicated in § 73.1944, no station licensee is required to permit the use of its facilities by any legally qualified candidate for public office, but if any licensee shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such licensee shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any: (1) Bona fide newscast; (2) Bona fide news interview; (3) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or (4) On-the-spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of broadcasting station. (section 315(a) of the Communications Act.) (b) Uses. As used in this section and § 73.1942, the term "use" means a candidate appearance (including by voice or picture) that is not exempt under paragraphs 73.1941 (a)(1) through (a)(4) of this section. (c) Timing of request. A request for equal opportunities must be submitted to the licensee within 1 week of the day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however, That where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question. (d) Burden of proof. A candidate requesting equal opportunities of the licensee or complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office. (e) Discrimination between candidates. In making time available to candidates for public office, no licensee shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any licensee make any contract or other agreement which shall have the effect of permitting any legally qualified candidate for any public office to broadcast to the exclusion of other legally qualified candidates for the same public office. [57 FR 208, Jan. 3, 1992; 59 FR 14568, March 29, 1994] Section 73.1942 [47 CFR §73.1942] Candidate rates. (a) Charges for use of stations. The charges, if any, made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his or her campaign for nomination for election, or election, to such office shall not exceed: (1) During the 45 days preceding the date of a primary or primary runoff election and during the 60 days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period. (i) A candidate shall be charged no more per unit than the station charges its most favored commercial advertisers for the same classes and amounts of time for the same periods. Any station practices offered to commercial advertisers that enhance the value of advertising spots must be disclosed and made available to candidates on equal terms. Such practices include but are not limited to any discount privileges that affect the value of advertising, such as bonus spots, time-sensitive make goods, preemption priorities, or any other factors that enhance the value of the announcement. (ii) The Commission recognizes non-preemptible, preemptible with notice, immediately preemptible and run-of-schedule as distinct classes of time. (iii) Stations may establish and define their own reasonable classes of immediately preemptible time so long as the differences between such classes are based on one or more demonstrable benefits associated with each class and are not based solely upon price or identity of the advertiser. Such demonstrable benefits include, but are not limited to, varying levels of preemption protection, scheduling flexibility, or associated privileges, such as guaranteed time-sensitive make goods. Stations may not use class distinctions to defeat the purpose of the lowest unit charge requirement. All classes must be fully disclosed and made available to candidates. (iv) Stations may establish reasonable classes of preemptible with notice time so long as they clearly define all such classes, fully disclose them and make available to candidates. (v) Stations may treat non-preemptible and fixed position as distinct classes of time provided that stations articulate clearly the differences between such classes, fully disclose them, and make them available to candidates. (vi) Stations shall not establish a separate, premium-period class of time sold only to candidates. Stations may sell higher-priced non-preemptible or fixed time to candidates if such a class of time is made available on a bona fide basis to both candidates and commercial advertisers, and provided such class is not functionally equivalent to any lower-priced class of time sold to commercial advertisers. (vii) [Reserved] (viii) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold on a weekly basis, such as rotations through particular programs or dayparts. Stations electing to calculate the lowest unit charge by such a method must include in that calculation all rates for all announcements scheduled in the rotation, including announcements aired under long-term advertising contracts. Stations may implement rate increases during election periods only to the extent that such increases constitute "ordinary business practices," such as seasonal program changes or changes in audience ratings. (ix) Stations shall review their advertising records periodically throughout the election period to determine whether compliance with this section requires that candidates receive rebates or credits. Where necessary, stations shall issue such rebates or credits promptly. (x) Unit rates charged as part of any package, whether individually negotiated or generally available to all advertisers, must be included in the lowest unit charge calculation for the same class and length of time in the same time period. A candidate cannot be required to purchase advertising in every program or daypart in a package as a condition for obtaining package unit rates. (xi) Stations are not required to include non-cash promotional merchandising incentives in lowest unit charge calculations; provided, however, that all such incentives must be offered to candidates as part of any purchases permitted by the licensee. Bonus spots, however, must be included in the calculation of the lowest unit charge calculation. (xii) Makes goods, defined as the rescheduling of preempted advertising, shall be provided to candidates prior to election day if a station has provided a time-sensitive make good during the year preceding the pre-election periods, perspectively set forth in paragraph (a)(1) of this section, to any commercial advertiser who purchased time in the same class. (xiii) Stations must disclose and make available to candidates any make good policies provided to commercial advertisers. If a station places a make good for any commercial advertiser or other candidate in a more valuable program or daypart, the value of such make good must be included in the calculation of the lowest unit charge for that program or daypart. (2) At any time other than the respective periods set forth in paragraph (a)(1) of this section, stations may charge legally qualified candidates for public office no more than the changes made for comparable use of the station by commercial advertisers. The rates, if any, charged all such candidates for the same office shall be uniform and shall not be rebated by any means, direct or indirect. A candidate shall be charged no more than the rate the station would charge for comparable commercial advertising. All discount privileges otherwise offered by a station to commercial advertisers must be disclosed and made available upon equal terms to all candidate for public office. (b) If a station permits a candidate to use its facilities, the station shall make all discount privileges offered to commercial advertisers, including the lowest unit charges for each class and length of time in the same time period, and all corresponding discount privileges, available upon equal terms to all candidates. This duty includes an affirmative duty to disclose to candidates information about rates, terms conditions and all value-enhancing discount privileges offered to commercial advertisers. Stations may use reasonable discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following information: (1) A description and definition of each class of time available to commercial advertisers sufficiently complete to allow candidates to identify and understand what specific attributes differentiate each class; (2) A description of the lowest unit charge and related privileges (such as priorities against preemption and make goods prior to specific deadlines) for each class of time offered to commercial advertisers; (3) A description of the station's method of selling preemptible time based upon advertiser demand, commonly known as the "current selling level," with the stipulation that candidates will be able to purchase at these demand-generated rates in the same manner as commercial advertisers; (4) An approximation of the likelihood of preemption for each kind of preemptible time; and (5) An explanation of the station's sales practices, if any, that are based on audience delivery, with the stipulation that candidates will be able to purchase this kind of time, if available to commercial advertisers. (c) Once disclosure is made, stations shall negotiate in good faith to actually sell time to candidates in accordance with the disclosure. (d) This rule (§ 73.1942) shall not apply to any station licensed for non- commercial operation. -- -- -- John de Nugent for President of the Americans - 2008 VIDEOS John de Nugent for President "Let My People Go!" The No Wars for Israel Conference Pt. 1 / Pt. 2 / Pt. 3 What We Can Do To Save America!!!!! How We Will Save America!!!!! Origin of Civilization Mexicans Aztecs and Mayans The Return of the White Gods Ancient Americans were White! Pt.1 / Pt.2 Apocalypse of the Psychopaths Harassment American Politics Electronic Voting My First Year in the Cause Jews Always Over Reach The Internet Why did Israel Attempt to Sink our Ship the USS Liberty?