ABC: FCC Isn’t Applying Equal Time Rule Fairly Between TV and Radio

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ABC is launching its defense as the FCC begins its challenge to the owned and operated broadcast TV licenses.

What We Know: The FCC has called in a challenge to the broadcast licenses owned by Disney/ABC following comments made by late-night host Jimmy Kimmel. FCC chair Brendan Carr has argued that the network is not operating in the public interest. Those licenses weren’t up for renewal until 2028.

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What They Said: “Some may dislike certain — or even most — of the viewpoints expressed on The View or similar shows. Such dislike, however, cannot justify using regulatory processes to restrict those views. The government does not get to decide ‘what shall be orthodox in politics, nationalism, religion, or other matters of opinion.’ Or which ‘ideas and beliefs [are] deserving of expression [and] consideration.’ The danger is that the government will simply decide which perspectives to regulate and which to leave undisturbed. In fact, while the Commission now questions The View’s decades-long exemption, it has not expressed any inclination to apply a similar interpretation of the equal opportunities rule to other broadcasters, including the many voices— conservative and liberal—on broadcast radio. -ABC lawyers in a filing to the FCC.

What Remains Unclear: The FCC hasn’t responded publicly to the insinuation that it is unequally applying the current rules.

What It Means: ABC is prepared to take on the FCC. By using the language it did, the network is making it clear it won’t cower in the face of pressure. The network is also attempting to showcase the precedent being set by the move from the FCC.

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