After declaring his candidacy for the House of Representatives’ District 131 seat through the Republican party, David Byrne became increasingly concerned about certain media giving some candidates unfair airtime.
In order to prevent unfairness in broadcasting, like that Byrne was concerned about, the Federal Communications Commission (FCC) Department enacted the Communications Act of 1934, which created a significant rule in order to ensure that “no legally qualified candidates for office are unfairly given less access to the airwaves,” according to the FCC’s website.
However, Byrne claimed that local podcast host Austin Rhodes broke the Equal Opportunity, also known as the “Equal Time Rule,” by not inviting him to discuss his candidacy, despite numerous attempts to reach out via email and other forms of online communication since declaring his candidacy in December 2023.
“I totally think it’s wrong. He had Gary [Richardson] on and he had CJ [Pearson]. He’s had all three of the people I’m running against on his show, and I’m the only one left out here to dry,” Byrne said. “… I’ve been going at this for three months.”
As a result, prior to the state closing and officially declaring the qualified candidates for District 131 on Friday, March 8, Byrne filed a complaint with the Federal Communications Commission Division against Rhodes in hopes of breaking airtime boundaries to inform the public of his political aspirations.
“He is the biggest and most influential talk show in the area, and he’s not allowed me on his show, and I’ve been legally in this race after being declared by the state’s Ethics Board since December,” Byrne said. “It’s not his role to control who the public gets to hear.”
Unsure of whether Rhodes deliberately excluded him because of his policies or age, Byrne said he feels that younger candidates often have to fight louder and harder to overcome unfair assumptions.
“I think younger candidates are chronically seen as lacking experience,” Byrne said. “… I’m not trying to go to war with him, I just want to be taken seriously as a candidate.”
However, Rhodes said he directly responded to Byrne, via Facebook, and informed him that he had no right to file such a complaint until after election qualifications were closed and publicly announced by the State Secretary on March 8.
“We don’t even know who all is a candidate yet. But he’s welcome anytime he wants to come on … I mean I sent a note to him last night and didn’t hear back from him,” Rhodes said on Friday before qualifying ended. “He really doesn’t have a complaint to make.”
Byrne rebutted and said he believed the “Equal Time Rule” responded to all declared candidates via the state’s Ethics Board, which allows candidates to raise money for campaigning.
“I have nothing against [Byrne]. I don’t even know him and I’ve never met him,” Rhodes said. “… he’s picking a fight and I don’t know why.”
So, who is right? Are declared, but not fully qualified, candidates entitled to “Equal Opportunities?”
According to the FCC’s political programming and campaign advertising rules, the Equal Time standard only applies to those who are “legally qualified candidates,” which entails that the politicians meet a three-pronged criteria.
The FCC’s criteria includes the following:
- Candidate has publicly announced his/her intention to run for office;
- Is qualified under applicable state and/or federal law to hold the office being sought; AND
- Qualifies for a place on the ballot, or is running as a write-in and has made a substantial showing of his/her candidacy
Generally, the FCC’s website states that until any candidate satisfies the prongs for a “legally qualified candidate,” the benefits of the political programming rules do not apply to the candidate.
“He might have me on a technicality. If I’m wrong, I’m willing to admit that and apologize, but it still doesn’t make it right that I’ve been boxed out since December,” Byrne said.
Should Byrne hear back from the FCC and the organization sides with Rhodes on the “Equal Time” matter, Byrne said he “will not hesitate to withdraw his complaint. Meanwhile, Rhodes invited him to appear on the show sometime in the near future.
“It’s his show, so he can have whoever he wants on it, but if you’re going to be the biggest talk show in Augusta and you’re going to selectively pick – I don’t know if that’s actually good for society,” Byrne said.
Liz Wright is a staff writer covering education, lifestyle and general assignments for The Augusta Press. Reach her at liz@theaugustapress.com
