Tag: broadcast television

On the heels of FCC Chairman Brendan Carr’s testimony before the U.S. House Subcommittee on Communications and Technology Committee on Energy and Commerce last week in which he reiterated the Commission’s duty to enforce broadcast licensees’ obligations to serve in the public interest, the FCC yesterday issued a Guidance on Political Equal Opportunities Requirement for Broadcast Television Stations. While the memorandum is written to television stations, it obvious applies to radio stations as well. The memo ultimately addresses the 1959 order that exempts broadcasters from providing equal time to qualified candidates on any: (1) bona fide newscast; (2) bona fide news interview; (3) bona fidenews documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or (4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto). Programs such as “The Tonight Show” and “The View” are cited as entertainment shows in which an interview segment can qualify as a bona fide news interview. Regarding this, the memo concludes with two important paragraphs:

“Concerns have been raised that the industry has taken the Media Bureau’s 2006 staff-level decision to mean that the interview portion of all arguably similar entertainment programs whether late night or daytime—are exempted from the section 315 equal opportunities requirement under a bona fide news exemption. This is not the case. As noted above, these decisions are fact specific, and the exemptions are limited to the program that was the subject of the request.

Importantly, 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. Moreover, a program that is motivated by partisan purposes, for example, would not be entitled to an exemption under longstanding FCC precedent. Any program or station that wishes to obtain formal assurance that the equal opportunities requirement does not apply (in whole or in part) is encouraged to promptly file a petition for declaratory ruling that satisfies the statutory requirements for a bona fide news exemption.”