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Federal Communications Commission (FCC) Chairman Brendan Carr confirmed that the agency has launched an investigation into ABC’s daytime talk show “The View” over recent appearances by politicians.
In comments to reporters Wednesday, Carr suggested an investigation would be conducted into whether The View violated a new interpretation of “equal time” rules enacted under President Donald Trump.
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Fox News first reported on the investigation in early February. The segment in question includes an appearance by Texas Rep. James Talarico, a Democrat who is vying for a seat in the U.S. Senate.
The confirmation came as Mr. Carr sought to silence claims that the government censored Mr. Talarico’s interview with late-night talk show host Stephen Colbert.
“There was no censorship at all here,” Carr said.
“Every broadcast station in this country is held accountable for the programming they choose to broadcast, whether or not they comply with the FCC’s rules, and whether or not they do not, creating potential liability for those individual stations as well.”
The controversy with Colbert similarly stems from the Trump administration’s decision to change the definition under the “equal time” rule.
What is the “equal time” rule?
This rule is part of Section 315 of the Communications Act of 1934. Under the law, if a broadcast station allows one candidate for public office to use its facilities, it is required to “provide equal opportunity” to all other candidates in the same race.
However, the law includes exceptions for “bona fide news programs” and “bona fide news interviews.”
For nearly two decades, talk shows and late-night comedy shows were also included in these categories.
However, in January, the FCC issued new guidance (PDF) that significantly narrows how the “honest news” exemption should be interpreted. The newspaper said in a memo that daytime talk shows and late-night comedy are “entertainment programs” that are not eligible for the exception.
“The FCC has not been presented with any evidence that the interview portions of currently aired late-night or daytime television talk show programs qualify for a legitimate news exemption,” the memo said.
The commission also suggested that many such programs were “motivated by partisan objectives” and were therefore not “honest” news.
The FCC argued that the new interpretation of the “equal time” rule is intended to “ensure that legally qualified candidates for public office have unreasonably less access to the public airwaves than their opponents.”
Controversy with Colbert
The new interpretation was thrust into the spotlight Monday after the CBS comedy show “The Late Show” starring Stephen Colbert aired.
In one of his opening segments, Colbert claimed that the network’s lawyers had barred him from airing an interview with Talarico that was scheduled for that night.
“Let’s call it what it is,” Colbert told the audience. “The Donald Trump administration wants to silence anyone who says anything bad about Trump on TV, because all Trump does is watch TV. You know what? He’s like a toddler who watches too much TV.”
President Trump has previously criticized both Colbert’s show and The View for their left-wing leanings.
Instead of broadcasting his interview with Talarico on network television, Colbert posted the segment on the show’s YouTube page, where it had been viewed more than 6 million times as of 3:30 pm ET (8:30 GMT) Wednesday.
Kerr said Colbert’s show could have aired the Talarico interview if it had followed the equal time rules.
That would have included allowing other Texas candidates vying for Senate seats to appear on the show. Kerr also suggested that another solution could be to limit broadcasts in Texas.
However, the FCC continues to face criticism for its actions. On Tuesday’s broadcast, Colbert addressed the issue for the second time.
He read a statement from his channel, which said in part that The Late Show “is not prohibited by CBS from broadcasting the interview,” but instead “provided legal guidance that its broadcast may trigger the FCC’s Equal Time Rule.”
CBS added in a statement that Colbert could have invited Talarico’s rivals, including fellow Democrat Jasmine Crockett, to appear on the show.
“I understand that you can book other guests,” Colbert replied. “I didn’t have to be presented with that option. I’ve had Jasmine Crockett appear on my show twice and I can prove that, but the network won’t allow me to show a picture of her without including her opponent.”
Mr. Colbert has been a vocal critic of CBS’ parent company, Paramount Global, especially since the company settled a lawsuit with the Trump administration for $16 million last year in preparation for a major merger that required government approval.
Meanwhile, Talarico accused the FCC of censoring his interviews. Nevertheless, he said Wednesday that increased media attention from the scandal is helping attract donations.
“Our campaign raised $2.5 million in 24 hours after the FCC banned interviews with Mr. Colbert,” he wrote on social media.
