FOR IMMEDIATE RELEASE
October 26, 2006
RELEASE CONTACT: Lewis Lowe
985-369-7770

Romero’s false ad is deemed unethical and in violation of FCC Law

This week, Craig Romero unleashed a negative attack based on falsehoods and lies about Congressman Charlie Melancon’s record.

Not surprisingly, Romero’s ad fails to pass the ethics test set forth by the Federal Communications Commission.  Craig Romero for Congress is currently running an advertisement on 15 stations that violates the amended Communications Act of 1934.

The Craig Romero for Congress advertisement does not comply with the requirement that his photograph appear for a period of no less than 4 seconds at the end of his commercial. It must also contain a clearly readable printed statement, identifying the candidate and stating that the candidate’s committee paid for the broadcast.  The ad contains neither.

Consequently, the Romero Campaign may no longer lawfully benefit from the lowest unit charge and must pay full price for any past and future advertisements.

“This is not a surprise.  Craig Romero will now be charged with his seventh ethics offense in the last few years.  Disregarding the law is business as usual for Craig Romero.  That’s why he has been cited at least six times for repeatedly for doing illegal business, even with his family,” Melancon campaign manager Bradley Beychok said.

Attached below is the letter sent to television stations, as well as the transcript of Romero’s false ad.

October 25, 2006

SHOWS, CALI, BERTHELOT & MORRIS, L.L.P.

John C. Walsh

644 St. Ferdinand St.

Baton Rouge, Louisiana

(225) 346-1461

(225) 346-1467 (fax) 

VIA FAX TRANSMISSION

FAX

                                                RE:       Craig Romero for Congress commercials

Dear Station Manager              

I am writing on behalf of my client, Charlie Melancon for Congress campaign, to alert you that Craig Romero for Congress is currently running an advertisement on your station that violates the Communications Act of 1934.  A transcript is attached to this letter.  As a result, Craig Romero for Congress has forfeited his entitlement to the lowest unit charge for the duration of the campaign.  Now and until Election Day, your station must charge Mr. Romero’s campaign the same rate for broadcast time that it charges non-political advertisers for comparable use.

As recently amended by Congress, the Communications Act of 1934 requires a federal candidate wishing to broadcast a television advertisement that makes direct reference to another candidate for the same office to include at the end of such broadcast there appears simultaneously, for a period no less than 4 seconds a clearly identifiable photographic or similar image of the candidate; and a clearly readable printed statement, identifying the candidate and stating that the candidate has approved the broadcast and that the candidate's authorized committee paid for the broadcast as required by 47 USC 315 (C).  If a candidate does not comply with this requirement at any time during the 60 days before the general election, that candidate may not receive the lowest unit charge "for such broadcast or any other broadcast … that occur on or after the date of such broadcast …"  Id. § 315(b)(2)(B).

This is not a requirement of Federal Election Commission rules.  Rather, it falls within the jurisdiction of the Federal Communications Commission.  Moreover, the candidate’s campaign must provide written certification to your station at the time of purchase that it will comply with this requirement.  Id. § 315(b)(2)(E).

The Craig Romero for Congress advertisement does not comply with this requirement as his photograph does not appear as required by law for a period of no less than 4 seconds at the end of his commercial currently running on your station.  Consequently, the Romero Campaign may no longer lawfully benefit from the lowest unit charge.  As a result, for the duration of the current election cycle, your station should refuse to run additional advertisements from Craig Romero or his authorized campaign committee unless paid at the rate your station charges for comparable use by other non-political advertisers.

Additionally, should you choose not to charge the Romero campaign your regular rate you may, in fact, be making an in kind donation to Romero.  Such a donation is likely violation of 2 USC 441b, which prohibits federally authorized corporations from contributing to a federal campaign.

Please advise me immediately of your station's actions in response to this matter.

With warmest personal regards I remain,

Sincerely,

                                                            SHOWS, CALI , BERTHELOT & MORRIS, L.L.P.

John C. Walsh

C:         Bradley Beychok 

TRANSCRIPT OF CRAIG ROMERO AD THAT BEGAN AIRING 10/23/2006

[Fade in: Head Shot of Craig Romero, not speaking, on white background]

[Voice of Romero] I’m Craig Romero, and I approve this message

[Red Background, white text graphic

“ETHICS PROBLEMS

  IN WASHINGTON”]

[Voice of Announcer]

“Ethics problems in Washington.”

[Red Background, Newspaper headlines in center, top “Melancon Pulls Television Ad Violating House Rules. – Houma Courier, Sept. 13, 2006”

[Head shot of Charlie Melancon in lower right corner, video of him in slow-motion, color]

Charlie Melancon violated House Ethics Rules, his TV ad, taken off the air.

[Head shot of CJM remains, Bold letters “PROVED FALSE” Letter from Jerry Guillot, La. Senate Oct. 2, 2006, on top/center.  Photocopy of the letter flashes across bottom/right]

[Voice of Announcer]

“Another Ad, attacking Craig Romero, proven false by the State Senate.”

[New shot of CJM and William Jefferson sitting at a conference table.  CJM whispering to Jefferson.  Still shot, color] 

[White Bold text below photo: TOOK THOUSANDS FROM BILL JEFFERSON]

[Small text below: FEC Campaign Finance Reports]

“Even worse, Melancon took thousands of dollars from Bill Jefferson, and refuses to return it.”

[New head shot of CJM, in center right, video, color]

[White bold text: “VOTES WITH LIBERALS 80%” New Orleans Times-Picayune, Oct. 8, 2006]

Jefferson’s payback, Melancon votes with the liberals 80% of the time. 

[Red Background, white bold text flashes onto screen: ETHICS VIOLATIONS]

“Ethics violations”

[Head shot of CJM in top/center, video, color, white bold text below: LIBERAL FORMER LOBBYIST CHARLIE MELANCON]

“That’s liberal former lobbyist, Charlie Melancon”

TEXT BOX [Paid for by Craig Romero for Congress]