My response from FEC on "The Path to 9/11" -better than I expected

[DesEtoiles]

Dear Requester,

This acknowledges the receipt of comments (yours and others) regarding the ABC television broadcast of "The Path To 911". While nearly all of the comments express concern over the handling of the subject matter, some also suggest that the airing of the program could result in a violation of the law.

First, please note, that any comments regarding the program in question should be directed to the following entities,as appropriate:

ABC, Inc. and/or

The Walt Disney Company
500 S. Buena Vista Street
Burbank, CA 91521

(Note: Disney does not seem to have a direct feedback link for general comments, but you may wish to try this online form from one of its specialty sites: http://disney.go.com/disneymotion/feedback.html)

Additionally, since the inquiry involves a broadcast entity, you may have questions regarding equal access to broadcast media, fairness doctrine rules or the procedures for filing complaints in those areas. If so, please contact the Federal Communications Commission:

Mass Media Bureau, Policy Division
202-418-2120 or 202-418-1440 (direct number for the political programming staff)

Web Site: http://www.fcc.gov/mb/policy/political/
E-Mail Address: [e-mail]

In reference to the "legality" issue, you may already be aware that the Federal Election Commission (FEC) is an independent regulatory agency charged with administering and enforcing the Federal Election Campaign Act (the Act) and accompanying regulations. That statute, among other things, limits the sources and amounts of contributions used to finance federal elections and requires political committees to register and file reports disclosing their financial activity. The Act also establishes formal procedures the FEC must follow as it administers and enforces its provisions.

Please note that the statute does not give the FEC authority to take preemptive enforcement action to prevent potential violations. Instead, the Commission must seek redress after the fact, in accordance with statutory procedures. Under those procedures, the Commission learns of possible campaign finance violations in three ways. The first centers on the agency’s monitoring process—possible violations are discovered through a review of a political committee’s reports or through a Commission audit. The second method, the complaint process, largely relies on the participation of the public—anyone may file a complaint, which alleges violations and explains the basis for the allegations. The third method is the referral process—possible violations discovered by other agencies are referred to the Commission. Each of these methods can lead to the opening of an FEC enforcement action or Matter Under Review (MUR). The law establishes a number of safeguards designed to ensure due process for those involved in an enforcement action, and requires that MURs remain confidential until the Commission closes the case and releases the information to the public (see 2 U.S.C. §437g(a)(12)). As a result, no information is readily available to the public regarding any ongoing enforcement action.

If you have specific knowledge or information that gives you reason to believe a violation of the Federal Election Campaign Act has occurred, you must file a formal complaint with the Commission in order to initiate any action on the matter. Both the procedures for filing a complaint and information on the MUR process itself are available in the Commission's "Filing a Complaint" brochure, on the web at http://www.fec.gov/pages/brochures/complain.shtml.

If you would like to confirm whether a complaint has already been filed with the FEC concerning this particular matter, please contact the FEC's Press Office at 202-694-1220 (or 800-424-9530, prompt #1).

We hope this information proves helpful to you, and thank you for contacting the Federal Election Commission.

Sincerely,
FEC Information Division