FCC Issues Guidance on Equal Opportunity Issues
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.”
Westwood One’s long running, late night program “America at Night,” as of last night’s program (11/13). His replacement will be KTRS, St. Louis morning host McGraw Milhaven, slated to begin on December 1. Valdes took over the reins of the program in upon the passing of its longtime host Jim Bohannon in October of 2022. Stay tuned for updates and developments as they are available. Milhaven states, “I’m deeply grateful to Westwood One for entrusting me with “America at Night” — a show that builds on a proud tradition of engaging listeners during one of radio’s most meaningful times. It’s both an incredible honor and a profound responsibility. From listening to Larry King and Jim Bohannon in high school — too intimidated to call in — to now being named host of this show, this journey has exceeded anything I could have imagined. My nightly mission is simple: to seek out great stories from great storytellers — and to share a few of my own along the way.” 
took over broadcasting during the daypart after Bohannon died in November. Cumulus says conservative commentator Rich Valdés assumed the radio time period from broadcasting legend Jim Bohannon last year and now launches his own distinct programming. “Rich Valdés America at Night” airs each weeknight from 10:00 pm to 1:00 am ET. “The Best of Rich Valdés America at Night,” a compilation of the week’s finest moments, airs each Saturday from 9:00 pm to 1:00 am ET. The Cumulus Podcast Network introduces the new podcast “Rich Valdés America at Night,” which provides on-demand access to Valdés daily content following the live over-the-air show. Valdés’ current podcast, “This is America with Rich Valdés,” moves to the Cumulus Podcast Network and will publish each Friday. Cumulus says, “In this podcast, Valdés breaks down American politics, taking his listeners on a journey through poverty, prosperity, and politics with humor, analysis, and a dash of sofrito.”