The FCC issued new guidance in January directing broadcasters to provide political candidates equal time, raising questions about whether longstanding exemptions for talk shows should be eliminated.
The Federal Communications Commission is investigating ABC’s “The View” over possible violations of the equal time rule that requires broadcast stations to give political candidates equivalent airtime, FCC Chairman Brendan Carr said Wednesday.
“The FCC has an enforcement action underway on that,” Carr told reporters after an agency meeting. “And we’re taking a look at it.”
The inquiry centers on Democratic candidates competing for a Texas U.S. Senate nomination. James Talarico appeared on “The View” on February 2, and U.S. Representative Jasmine Crockett, who is running against Talarico for the nomination, has also been on the show.
The Colbert Decision
The Trump administration’s heightened scrutiny of broadcast talk shows came to light when late-night host Stephen Colbert disclosed that CBS executives pulled his scheduled interview with Talarico over equal time concerns. CBS said Colbert was provided “legal guidance” that broadcasting the interview could trigger the equal time rule.
“CBS generously did it for him,” Colbert said on his program Tuesday night, referring to FCC Chairman Carr’s stated intention to reconsider the exemption that has long permitted talk shows to avoid equal time requirements.
Though blocked from CBS’s broadcast, Colbert posted the interview to YouTube, where it has been viewed more than 7.5 million times—substantially exceeding typical viewership for his evening program.
The Regulatory Backdrop
The FCC issued new guidance in January directing late-night and daytime hosts to provide political candidates equal time, with Chairman Carr raising questions about whether talk shows should remain exempt from the rule.
“The FCC has not been presented with any evidence that the interview portion of any late night or daytime television talk show program on air presently would qualify for the bona fide news exemption,” according to the agency’s public notice last month.
Carr has previously suggested that investigating “The View,” whose hosts have frequently been critical of the Trump administration, might be warranted.
The Aftermath
Talarico reported raising $2.5 million in campaign donations in the 24 hours following the Colbert interview. The late-night appearance, though rejected by CBS, reached substantially larger audiences through YouTube than through traditional broadcast television, highlighting the reach available through digital platforms outside FCC equal time regulations.
A representative for “The View” declined to comment on the investigation.