FCC Commissioner Brendan Carr is calling for an FCC investigation into whether NBC violated the agency’s equal time rules by broadcasting an appearance by Democratic presidential nominee Kamala Harris’ Saturday Night Live over the weekend. However, the agency, communications attorneys and academics say the network appears to have complied when it provided free air time to Republican presidential nominee Donald Trump during major sports broadcasts Sunday. “I think the credibility and integrity of the FCC is on the line here,” Carr said Sunday in an interview on X. But a spokesperson for Chairwoman Jessica Rosenworcel in a post on X Monday said, “Our rules do not require that a network seek out opposing campaigns to offer the time,” adding, “the rival candidates have to request it. The requirements outlined under the FCC's ‘equal time’ rules here have been satisfied.”
Monty Tayloe
Monty Tayloe, Associate Editor, covers broadcasting and the Federal Communications Commission for Communications Daily. He joined Warren Communications News in 2013, after spending 10 years covering crime and local politics for Virginia regional newspapers and a turn in television as a communications assistant for the PBS NewsHour. He’s a Virginia native who graduated Fork Union Military Academy and the College of William and Mary. You can follow Tayloe on Twitter: @MontyTayloe .
Republican presidential nominee Donald Trump on Thursday filed a $10 billion lawsuit complaint against CBS that quotes FCC Commissioners Brendan Carr and Nathan Simington supporting allegations that the network deceived its audience when it edited an answer in an interview with Vice President Kamala Harris, the Democrats' presidential nominee. Meanwhile, former FCC Chairman Tom Wheeler on Friday said a future FCC chair in a second Trump administration would likely face considerable pressure to act against media outlets. During a Center for American Progress webinar, Wheeler said a Trump appointee could encounter a situation that no FCC chairman has "faced in the 90-year history of the commission.”
Republican presidential nominee Donald Trump, a member of his transition team and Elon Musk, X platform owner and SpaceX CEO, are repeating calls for broadcasters to lose their spectrum because their news broadcasts are too partisan.
NAB CEO Curtis LeGeyt denounced threats of government action against broadcast licenses after Republican presidential nominee Donald Trump sent CBS legal threats and a court affidavit indicated the Florida Governor's Office was behind that state’s efforts to prosecute TV stations that carried an abortion rights ad (see 2410180050). Although Trump has publicly called for federal action against broadcast licenses nearly every other week since his September debate with the Democratic nominee, Vice President Kamala Harris, NAB was silent on the issue until now.
The FCC’s order on collecting broadcaster workforce diversity data is outside its authority and violates the Constitution, said a reply brief from the National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters filed Friday in the 5th U.S. Circuit Court of Appeals (see 2410070023). “The FCC fails to identify any statutory provision or delegated function furthered by the Order,” said the filing. “Noticeably absent is any quote from statutory text. That’s because none exists,” it added. The equal employment opportunity order is “unlawful because the government requires race- and sex-based classifications, and seeks to pressure broadcasters to treat applicants differently based on race and sex,” said the groups.
A U.S. District Court judge issued an emergency temporary restraining order Thursday that blocks Florida Surgeon General John Ladapo from acting against local TV stations that run an ad supporting abortion rights. “To keep it simple for the State of Florida: it’s the First Amendment, stupid,” said the order from Mark Walker, chief judge for the North District of Florida. The order said the state's Department of Health may take no further action to “coerce, threaten, or intimate repercussions directly or indirectly to television stations, broadcasters, or other parties” for running a campaign ad that advocates protecting abortion rights.
The FCC violated the Communications Act by not rolling back broadcast ownership rules in the 2018 quadrennial review (QR) order, ignoring the increased competition broadcasters face, said petitioners Zimmer Radio, Nexstar, NAB, Beasley Media and Tri-State Communications in a reply brief filed in docket 24-1480. It was filed in the 8th U.S. Circuit Court of Appeals Tuesday. In addition, all four network affiliate groups and a host of radio companies filed intervenor briefs against the FCC. The Communications Act's provision requiring QRs -- Section 202(h) -- isn't a “check-the-box exercise,” said the petitioner’s brief. “Congress intended it to operate as a mechanism of continuing deregulation,” and the plain text instructs that the FCC “demonstrate affirmatively that its rules remain necessary in light of competition” or “modify or repeal them entirely.”
A news distortion complaint filed Wednesday against CBS by the Center for American Rights (CAR) over the network's recent interview with Vice President/Democratic presidential nominee Kamala Harris is unlikely to result in FCC penalties. However, a wild card is the proposed Skydance/Paramount deal, which could spark FCC action on the news distortion complaint, attorneys told us. Paramount Global is CBS' parent.
Broadcasters, MVPDs and network programmers want the FCC to shelve plans that require disclosures about the use of AI in political ads because they’re unworkably burdensome, exceed agency authority and won’t affect digital platforms, said reply filings in docket 24-211.
With Hurricane Milton recovery efforts continuing, the FCC extended the Lifeline program to storm victims, telecom companies expanded efforts to restore service, and NAB pointed to AM radio as an antidote to online misinformation about relief efforts.