Tag: Guidance on Political Equal Opportunities Requirement for Broadcast Television Stations

Industry News

FCC’s Gomez Responds to Commission’s Equal Opportunity Memorandum

By TALKERS | by TALKERS

FCC Commissioner Anna M. Gomez responds to the Commission’s Guidance on Political Equal Opportunities Requirement for Broadcast Television Stations that it issued on January 21, taking an opposing view from FCC Chair Brendan Carr. She states: “Nothing hasimg fundamentally changed with respect to our political broadcasting rules. The FCC has not adopted any new regulation, interpretation, or Commission-level policy altering the long-standing news exemption or equal time framework. For decades, the Commission has recognized that bona fide news interviews, late-night programs, and daytime news shows are entitled to editorial discretion based on newsworthiness, not political favoritism. That principle has not been repealed, revised, or voted on by the Commission. This announcement therefore does not change the law, but it does represent an escalation in this FCC’s ongoing campaign to censor and control speech.

“The First Amendment does not yield to government intimidation. Broadcasters should not feel pressured to water down, sanitize, or avoid critical coverage out of fear of regulatory retaliation. Broadcast stations have a constitutional right to carry newsworthy content, even when that content is critical of those in power. That does not change today, it will not change tomorrow, and it will not change simply because of this Administration’s desire to silence its critics.”

Industry News

FCC Issues Guidance on Equal Opportunity Issues

By TALKERS | by TALKERS

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 toimg 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.”