The Federal Communications Commission (FCC) has initiated an enforcement action against ABC’s “The View” following the program’s recent interview with Texas state Rep. James Talarico, who is seeking the state Democratic Party nomination for Senate.
The enforcement action was triggered by Talarico’s appearance on the program earlier this month. The show’s decision to host Talarico as a guest prompted concerns that ABC may have provided airtime to a legally qualified candidate without extending comparable opportunities to his opponents.
FCC Chairman Brendan Carr declined to provide further specifics on the scope of the review, but emphasized the agency’s commitment to applying the rule consistently. “If you have a legally qualified candidate on, you have to give comparable air time to all other legally qualified candidates, and we’re going to apply that law,” he said.
The chairman also dismissed claims that such actions would constitute “censorship” by noting that the issue was over the use of publicly-funded airwaves, not whether interviews can be conducted and distributed.
The equal time rule, formally known as the equal opportunities requirement under the Communications Act of 1934, mandates that if a broadcast station allows any legally qualified candidate for public office to use its facilities, it must afford equal opportunities to all other legally qualified candidates for that office.
This includes providing comparable time slots, durations, and placement in programming. The rule stems from earlier legislation, including the Radio Act of 1927, and aims to prevent broadcasters from favoring one candidate over others.
Legally qualified candidates are defined as individuals who have publicly announced their candidacy and meet applicable state or federal qualifications.
Exemptions to the rule exist for certain types of programming, such as bona fide newscasts, news interviews, news documentaries (where a candidate’s appearance is incidental), and on-the-spot coverage of news events. For news interview programs to qualify as exempt, they must be regularly scheduled, controlled by the broadcaster or an independent producer, and feature participant selections based on newsworthiness rather than partisan motivations.
Last month, the FCC issued new guidance clarifying that daytime and late-night talk shows do not automatically qualify for these exemptions. The guidance states that exemptions are evaluated on a case-by-case basis, considering factors like whether the program’s inclusion of a candidate is “motivated by partisan purposes.”
It notes that a host’s political donations to candidates could influence such assessments. The FCC has emphasized that entertainment-oriented talk shows, including “The View,” must demonstrate genuine news value to claim exemption, and no broad presumption of exemption applies to current formats.
To rectify a potential violation, broadcasters like ABC would need to respond to any formal requests from opposing candidates for equal opportunities. This involves offering comparable airtime and placement, free of charge if the original appearance was unpaid, as was the case with Talarico’s interview.
If a violation is confirmed, penalties could include fines, though license revocations are rare. Broadcasters may also seek declaratory rulings from the FCC to confirm exemption status for future appearances.
ABC has not yet commented on the enforcement action and the investigation remains ongoing as of this report.
