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Joanne Ostrow of The Denver Post.
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Jon Caldara is a one-man media monolith, holding forth on radio, television and in print. His weeknight berth on KOA Radio (at 10 p.m. on 850 AM) beams him to an average 12 million regional listeners, allowing him to grandstand on issues dear to his heart.

Lately, that means knocking Referendums C and D. These are tax-related issues intended to help the state deal with budget shortfalls; voters will decide on them in November.

As head of Vote No, It’s Your Dough, Caldara turns any discussion into a referendum on the referendums. Last week, substituting for Mike Rosen, he steered a conversation about Wal-Mart into talk about C&D.

It’s getting pretty strange.

His paid-for Friday night show on KBDI Channel 12, “Independent Thinking,” – the Golden-based Independence Institute buys the airtime from the public TV station – similarly gives him a bully pulpit from which to promote the “free market” philosophy he touts as president of the conservative think tank. He also has a weekly column in Boulder’s Daily Camera, although that paper has wisely barred him from writing about the issue in its news pages.

This multimedia multitasking is, of course, Caldara’s inalienable right. And really, if he’s worth his salt, he should be podcasting and blogging too.

But Caldara is not just a glib media mouth who performs well in front of a microphone. He is also a political operator. Some people think those two roles are in conflict when he uses one aspect of himself to promote the other.

He’s no longer an elected official, as he was during his Regional Transportation District heyday (he served as chairman). But he is running a political campaign.

Vote Yes on C&D, the group campaigning in favor of the referendums, has filed a complaint charging Caldara’s group with violating campaign laws.

Perhaps you’ve heard the Seven Dwarfs singing, “Hi ho, hi ho, it’s off to tax we go,” in a radio spot paid for by the Independence Institute.

“They’re running a campaign without disclosing who their contributors are,” said Katy Atkinson, spokeswoman for the Vote Yes on C&D campaign. Caldara’s group calls the radio ads educational; Vote Yes sees them as political.

Should a nonprofit think tank be buying advertising time to campaign on a political issue? That’s one question.

Others come to mind. Is Caldara doing anything unethical by commingling his political advocacy and media roles? Are the TV and radio outlets doing anything unethical by giving a political pro the platform from which to campaign?

“He’s got quite a megaphone,” said Andrew Romanoff, D-Denver, the Colorado House speaker. “Does the equal-time rule still apply?”

Actually, it does not. The equal-time rule requires broadcasters to provide the same amount of air time to opposing candidates for public office. The rule does not apply to referendums, nor does it apply to news or talk shows.

That’s why Howard Stern could interview Arnold Schwarzenegger without interviewing the other 134 candidates for California governor – his show is exempt. Meanwhile, when Al Sharpton hosted “Saturday Night Live,” certain NBC affiliates couldn’t broadcast it because Sharpton had qualified as a presidential candidate in some states. It’s a murky area.

“It’s a free country. He can speak his mind,” Romanoff said. “Still, the media outlets he’s taking advantage of would do well to air the other side of this debate.”

What are the rules of engagement at Clear Channel’s KOA?

“We have been in touch with our attorneys, and there is no violation of federal or state election laws or FCC regulations,” said Kris Olinger, Clear Channel’s head of AM programming for Denver. She added: “Until this is resolved I have asked Jon to talk to me before he does (the referenda) as a topic.”

These issues are increasingly being debated nationally. A Seattle talk-show host ran for Washington governor, and it was alleged that his on-air remarks amounted to a campaign contribution; that case is in the courts.

Caldara says he and the station management agree there should be full disclosure. “My listeners know my involvement in the campaign to defeat (C&D),” he said, noting that his position with the “vote no” group is unpaid.

He cites his right of free speech. “I talk about whatever the topic is,” he said. “It’s just good radio. There’s no one more qualified on talk radio to offer an opinion on it than I am. What a shame if I couldn’t do that.”

Unlike Rush Limbaugh, he says, the phone lines are always open for “instant correction.”

“I’ve been involved in many anti-tax issues over the years. Being on the radio should not stop me from being a politically active citizen.” And vice versa.

Adds the former RTD officeholder: “If I were running for office, my guess is (the radio, TV and newspaper) would not be giving me a platform.”

TV critic Joanne Ostrow can be reached at 303-820-1830 or jostrow@denverpost.com.

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