The Federal Communications Commission (FCC) has launched an enforcement action against ABC following a recent appearance by Texas State Rep. James Talarico on The View. The appearance raised concerns that ABC may have violated the FCC’s equal time rule by providing airtime to a legally qualified candidate without offering equal opportunities to his opponents in the state’s Democratic Party Senate race.
FCC Chairman Brendan Carr confirmed the action but did not provide further details on the scope of the review. He emphasized that the agency is committed to ensuring that the law is applied consistently and clarified that the issue at hand concerns the use of publicly funded airwaves rather than censorship of content. Under the Communications Act of 1934, broadcasters must provide equal opportunities to all legally qualified candidates if they give airtime to one candidate.
The equal time rule requires that if a broadcast station allows any legally qualified candidate to use its facilities, it must offer comparable airtime to all other candidates for the same office. Exemptions are allowed for certain programming, such as bona fide news interviews or on-the-spot coverage of news events.
However, recent FCC guidance specifies that daytime or late-night talk shows, like The View, do not automatically qualify for these exemptions and must meet criteria like regular scheduling and newsworthiness.
To address a potential violation, ABC could be required to provide equal airtime to Talarico’s opponents, offering comparable programming at no cost if the original interview was unpaid. If the FCC determines that a violation occurred, penalties such as fines could be imposed, though license revocation is unlikely. The investigation is ongoing, and ABC has not yet commented on the enforcement action.