AHA: Lessons in Advocacy
How to Make the Most of Your Visit
With Your Congressional Delegation
Gerry Lederer
Alliance for Community Media North East Conference
May 26, 2010
Presenters
Gerry Lederer
ACM Advocate
Miller & Van Eaton
Program Outline
• You’re not alone
• What can you do as a
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non-profit?
Effective Advocacy
Steps
Effective Advocacy
The State of Play and
Messages
CAP ACT SUMMARY
You’re Not Alone
• Model Letter to request co-sponsorship
 http://www.alliancecm.org/sites/default/files/C
aptoolkit/Sample_Sen-Rep-ltrs.doc
• Summary of the CAP Act
 http://www.alliancecm.org/sites/default/files/Capto
olkit/Summary.doc
• Sample letter to send FCC on ACM Petition
 http://www.alliancecm.org/sites/default/files/Capto
olkit/Baldwin-Genechowski.pdf
But I am an non-profit –I can’t be
an advocate!
What are you permitted to do
without jeopardizing your taxexempt status.
Limitations on Advocacy by an
NPO/Gov’t Employee
• Rule: “Nonprofit organizations have a right
and responsibility to advocate for the
communities they serve and engage in the
public policy process. The resources listed
here provide information about how to get
involved.”
National Council of Nonprofit Associations
Limitations on Advocacy by an
NPO/Gov’t Employee www.clpi.org
• The Ground Rules – according to the Center for Lobbying in
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the Public Interest. (www.clpi.org)
Can I lobby?
 Yes – but there are rules. Under the 1976 law, charities may spend up
to $1 million on lobbying, depending on the amount of their annual
expenditures. If your org has not chosen to come under the 1976 law
you are under the “no substantial part” test, which means that you can
only devote an “insubstantial” amount of your resources to lobbying.
Unfortunately, “insubstantial” has never been clearly defined under the
law, with the result that nonprofits that do lobby but have not chosen to
come under the 1976 law cannot be certain how much lobbying they
may conduct without jeopardizing their tax exempt status.
Limitations on Advocacy by an
NPO/Gov’t Employee www.clpi.org
• What is an expenditure/Volunteer Time
 If your organization has chosen to come under the 1976 lobby law,
your organization needs only to report actual money expenditures.
Since your lobbying will be by volunteers, there will be no money
expenditure and therefore nothing will have to be reported to the IRS
on the volunteers’ time spent lobbying. Under the 1976 law, the only
time you have to report anything to the IRS is when there is an
expenditure of money. Time spent by volunteers does not have to be
reported. However, if you have not chosen to come under the 1976
lobby law, your organization is subject to the “substantial part” test and
the time spent lobbying by volunteers will have to be reported.
Limitations on Advocacy by an
NPO/Gov’t Employee www.clpi.org
• Lobbying on Budgets
 “Under the 1976 lobby law you are lobbying when
you refer to specific legislation and reflect a point
of view on its merits. “Specific legislation”
includes a specific measure that has not yet been
introduced but does not include general concepts
for solving problems that have not been reduced to
legislative proposals.”
Limitations on Advocacy by an
NPO/Gov’t Employee www.clpi.org
• Federal or State Law?
 “State laws generally do not limit how much lobbying a nonprofit can
do, but they often require disclosure of expenditures. These rules are
different from state to state.
At the federal level, if your organization has chosen to come under the
1976 lobby law, your permissible lobbying is judged only by the
amount of money you spend on that activity. For example, you may
spend up to 20% of your organization’s first $500,000 in annual
expenditures on lobbying. The maximum an organization can spend is
$1 million.
If you have not chosen to come under the 1976 lobby law, you are
under the “no substantial part” test and the rules are less clear as to
what constitutes lobbying.”
Limitations on Advocacy by an
NPO/Gov’t Employee www.clpi.org
• Lobbying Federal Agencies
 “For charities that have chosen to come under the
1976 lobby law, by filing IRS Form 5768, it
clearly is not a lobbying activity because there is
no legislation involved. That is, it doesn't count
against the amount you may spend on lobbying.
The same answer holds for organizations that are
subject to the no substantial part test.”
Understanding Politics at All Levels
• Power Comes From Three Sources:
 Money
 Information
 Ability to Reach an Audience
• Every Policy Decision is a
Risk/Reward Calculation
Communicating with Elected
Leaders
• Identifying the
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Member’s role
Scheduling the Meeting
Meeting Preparation
The Meeting
Follow-Up
Identifying the Member’s Role
• On what committees does the member serve?
• How involved is the member in this issue?
• What position has the member taken on the
issue in the past?
• Is the member a friend or foe? A champion?
Scheduling the Meeting
• Identify existing relationships with staff
• Note any previous interaction with staff
• Identify points of mutual interest (upcoming
events, specific actions being taken, etc.)
• Assess how much time to ask for.
Meeting Preparation
• Research past legislation on the issue that the
member has introduced, co-sponsored,
supported, or discussed.
• Identify the member’s position on any related
issues.
• Limit the number of people attending the
meeting.
• Assign talking points.
The Meeting
• Maintain a friendly
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demeanor - avoid
confrontation
Remind the staffer of
past support and success
Ask questions to
determine the member’s
current position on the
issue
“Keep Us Connected”
• Introduce yourself
• Briefly introduce your
•
•
organization
Tell them about your shows,
users and needs
Ask them to:
 Cosponsor CAP Act
 Communicate with FCC that
it must act on ACM petition
Follow Up
• Thank the member or
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•
staffer for the meeting.
Promptly send any
materials were
requested during the
meeting
Schedule the next
meeting or follow up
call with staff
Send a report to ACM.
COMMUNITY ACCESS
PRESERVATION ACT
H.R. 3745:
CAP ACT
PROBLEM
• Cable Act Unnecessary
Limits on the Use of PEG
funds.
• Discriminatory Treatment
of PEG channels
SOLUTION
• Bill amends the Act to
ensure that PEG fees can be
used for any PEG purpose.
• PEG channels functionality,
and placement must be
equivalent to local
commercial television
stations.
CAP ACT
PROBLEM
• Loss of PEG Support and
Localism
SOLUTION
• Cable operator must provide
the channels and critical
facilities it had been
providing historically.
• Operators must make
ongoing PEG support
payments equal to the
greater of the cash payment
required under State law, or
the value of the PEG
support it historically
provided.
CAP ACT
•
PROBLEM
Operators claiming they
are video providers, not
cable and therefore not
subject to PEG
obligations
•
SOLUTION
Act is amended to
ensure providers using
wired facilities in the
rights of way are treated
similarly and are subject
to similar PEG
requirements.
COSPONSORS OF CAP ACT
(as of 5/26)
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• Rep Ellison, Keith [MN-5]
• Rep Serrano, Jose E. [NY-16]
• Rep Pingree, Chellie [ME-1]
• Rep Blumenauer, Earl [OR-3]
• Rep Lofgren, Zoe [CA-16]
• Rep Markey, Edward J. [MA-7]
• Rep McNerney, Jerry [CA-11]
• Rep Delahunt, Bill [MA-10]
• Rep Baird, Brian [WA-3]
• Rep Speier, Jackie [CA-12]
• Rep Capuano, Michael E. [MA-8]
• Rep McGovern, James P. [MA-3]
• Rep McCollum, Betty [MN-4]
• Rep Barney Frank (MA -4]
Why isn’t your member on?
Rep Thompson, Mike [CA-1]
Rep Honda, Michael M. [CA-15]
Rep Larson, John B. [CT-1]
Rep Davis, Danny K. [IL-7]
Rep Stark, Fortney Pete [CA-13]
Rep Schakowsky, Janice D. [IL-9
Rep Gutierrez, Luis V. [IL-4]
Rep Doggett, Lloyd [TX-25]
Rep Hinchey, Maurice [NY-22]
Rep Abercrombie, Neil [HI-1]
Rep Woolsey, Lynn C. [CA-6]
Rep Driehaus, Steve [OH-1]
Rep Farr, Sam [CA-17]
Models of Successful Engagement
Models of Successful Engagement
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Invite Members to tour facilities/show
Town Hall Meetings
Press Events
Introductions to Compelling Community Leaders
Build Alliances with like-minded advocates (Free
Press, Common Cause, NATOA, USCM, NLC,
NACo, National Hispanic Media Coalition, etc.)
ACM has made available a full time advocate to
assist you. My contact information is below.
Gerard Lavery Lederer
glederer@millervaneaton.com
Miller & Van Eaton, P.L.L.C.
1155 Connecticut Avenue, N.W.
Suite 1000
Washington, D.C. 20036-4301
Phone: 202-785-0600
Fax:
202-785-1234
Website: www.millervaneaton.com