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Friday, Oct. 15, 2004

Sinclair has contended that the program is news, covering an issue of interest and importance to viewers, and has invited Kerry to appear on a post-broadcast program. Kerry has declined.

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  A call for comment about the Kerry campaign request was not answered at Sinclair's main phone number in Hunt Valley, Md.

Sinclair has asked its 62 television stations to pre-empt regular programming to air "Stolen Honor: Wounds That Never Heal." Many of the stations are in swing states that could decide the outcome of the Nov. 2 election.

The film, described in online marketing as "a documentary exposing John Kerry's record of betrayal," explores his 1971 testimony before the Senate and links him to anti-war activist and actress Jane Fonda. Vietnam prisoners of war and their wives claim in the film that his testimony demeaned them and led to prisoners being held longer.

In a letter Friday to Sinclair President David D. Smith, Kerry campaign attorney Marc E. Elias requested time on each station at an hour when an audience of similar size could be expected to be watching.

Citing decisions by the Federal Communications Commission, Elias said stations that permit supporters of a campaign to "use its facilities to advance that candidate's campaign must provide supporters of the opposing candidate 'quasi-equal opportunities."'

Elias said that the content of "Stolen Honor" was not controlled by Sinclair or an independent journalistic organization and that the program was not a news program, a news interview or a documentary that would qualify for an exemption.

FCC Chairman Michael Powell said Thursday the federal agency would not block Sinclair from airing the program, noting that the commission had never taken such action and that no rules allowed it to prevent the broadcast.

On Tuesday, the Democratic National Committee filed a complaint with the Federal Election Commission contending that airing the film should be considered an illegal in-kind contribution to the Bush campaign.

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