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Why the FCC is unlikely to pull TV licenses over Iran news coverage

Federal Communications Commission Chairman Brendan Carr is using his bully pulpit to push back against coverage of the U.S. military action in Iran that his boss President Trump doesn’t like, marking an extraordinary escalation in his clashes with the media.

On Saturday, Carr posted a message on X suggesting TV stations could lose their government licenses to use the public airwaves if they “don’t operate in the public interest.”

Underneath his statement, Carr shared a social media post from Trump, who complained about the New York Times and Wall Street Journal stories on the five refueling tankers were hit during an Iranian missile strike on the Prince Sultan Air Base in Saudi Arabia.

Carr seized on Trump’s missive to issue a warning to TV outlets, which are frequently threatened by the president when he is angry at their coverage.

It’s the latest attempt by the FCC chair to apply pressure on media companies that irritate Trump with critical coverage of his administration.

Since becoming FCC chairman last year, Carr has repeatedly threatened to use the levers of power he has to punish TV and radio stations when they get in Trump’s crosshairs. His behavior has alarmed free speech advocates.

“Broadcasters that are running hoaxes and news distortions — also known as the fake news — have a chance now to correct course before their license renewals come up,” Carr wrote, without providing evidence to back up his claims. “The law is clear. Broadcasters must operate in the public interest, and they will lose their licenses if they do not.”

Carr’s threats are based on his assertions that said he wants to enforce the FCC’s public interest obligation for broadcasters that use the airwaves. He made similar remarks in the fall, which prompted two major TV station groups to keep ABC’s “Jimmy Kimmel Live!” off the air for a week due to remarks the host made regarding slain right-wing activist Charlie Kirk.

Trump and Defense Secretary Pete Hegseth have repeatedly attacked news organizations for any reporting that doesn’t say the war in Iran is anything but a rousing success.

On Friday, Hegseth said took aim at CNN and said “the sooner David Ellison takes over that network the better.”

Ellison, the chief executive of Paramount who, along with his father, has forged strong ties to the White House, will have control over CNN in addition to CBS if the company’s deal to acquire the news outlet’s parent Warner Bros. Discovery is completed.

Carr made the appointment of an ombudsman for CBS News a condition to approve Ellison’s Skydance Partners deal to acquire Paramount last year. Paramount also drew scrutiny over its controversial decision to pay $16 million to settle Trump’s legal salvo against “60 Minutes” over the editing of an interview with his 2024 opponent, then-Vice President Kamala Harris. Most legal analysts viewed the case as frivolous.

The FCC has no jurisdiction over CNN, which is why most of Carr’s barbs are aimed at ABC, CBS and NBC, which air on local TV stations. He once wrote on X, “More Americans trust gas station sushi than the legacy national media.”

Trump said in a social media post Sunday that he was “thrilled” with Carr’s remarks and would support his efforts to go after what he called “Highly Unpatriotic ‘News’ Organizations.”

“They get Billions of Dollars of FREE American Airwaves, and use it to perpetuate LIES, both in News and almost all of their Shows, including the Late Night Morons, who get gigantic Salaries for horrible ratings,” Trump wrote.

Andrew Jay Schwartzman, a Washington-based public interest communications attorney, believes Carr’s conduct and threats violate the 1st Amendment, adding that any serious attempt to revoke licenses would be tied up in legal challenges.

“Even if he started to try to deny a license renewal as quickly as he could, Brendan Carr would be long gone before that case would be over,” Schwartzman said. “The law intentionally sets out a very steep burden for the FCC to deny a license renewal; the process takes many years, during which time the licensee continues to operate normally under ‘continuing operating authority.’”

Carr’s remarks Saturday drew immediate blowback from Democrats and 1st Amendment advocates, noting the FCC’s role does not include policing the free press.

“Once again, this FCC pretends it has the power to control news coverage,” FCC Commissioner Anna Gomez said Monday in a statement. “In reality, the FCC has vanishingly little power over national news networks. It licenses local broadcast stations, not networks, and no licenses are up for renewal until 2028.”

Calif. Gov. Gavin Newsom weighed in as well, posting, “If Trump doesn’t like your coverage of the war, his FCC will pull your broadcast license. That is flagrantly unconstitutional.”

Sen. Ron Johnson (R-Wis.), usually a reliable voice of support for the Trump administration, expressed his concerns over Carr’s remarks.

“I’m a big supporter of the 1st Amendment,” Johnson told Fox News on Sunday. “I do not like the heavy hand of government no matter who’s wielding it. I’d rather the federal government stay out of the private sector as much as possible.”

Gomez added that while attempts to pull licenses border on folly, Carr’s threats and attacks on the media can create a chilling effect and erode the public’s confidence in the press.

“Over the past year, this FCC has attacked the media as part of a years-long campaign by this Administration and its allies to discredit factual, independent coverage while blaming the press for growing public distrust,” Gomez said. “Meanwhile, it is the FCC’s own credibility and public trust that are rapidly eroding.”

Trump is not the first president to target TV station licenses in response to negative news coverage. At the height of the Watergate scandal in the 1970s, Richard Nixon’s allies attempted to challenge the TV licenses for three stations owned at the time by the Washington Post.

The effort didn’t get far.

The last Los Angeles outlet to lose its broadcast license was KHJ in 1987, when the station was part of RKO General, a media company owned by the General Tire and Rubber Co. The case was related to corporate malfeasance and not broadcast content on the stations.

The process to revoke the RKO licenses took seven years from the moment the FCC voted in favor of the move.

“Since then, only small mom-and-pop radio stations have been litigated,” Schwartzman said. “The cases nearly always involve lying to the government, felony convictions or failure to pay regulatory fees. In one recent case, a small owner convicted of tax evasion still kept his license.”

There would be other logistical hurdles to the FCC making good on Carr’s threats.

As Gomez noted, Carr’s FCC only has regulatory control over the TV stations that carry the network signals. If stations were drop network programming for any reason, they could violate their affiliation contracts and lose the right to carry NFL football and other content that delivers big ratings and revenue.

Sinclair Broadcast Group wanted Kimmel to apologize to Kirk‘s family and contribute to his organization Turning Point USA before putting the host’s late night show on the air.

That did not happen and “Jimmy Kimmel Live!” returned to Sinclair’s stations anyway.

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Stephen Colbert, Trump and the clash over the FCC equal time rule

It was an extraordinary media moment: CBS late-night host Stephen Colbert on Tuesday publicly blasted his own employer over its handling of his interview with Democratic U.S. Senate candidate James Talarico of Texas.

Colbert contended that his own network prevented him from airing the interview in an effort to appease the Trump administration, which CBS has denied. He chose instead to put the sit-down with the Texas state legislator on YouTube, which is not regulated by the FCC.

The standoff not only highlighted the simmering tensions inside CBS with the late-night host, it also marked the latest flash point in the ongoing clash between the Trump administration and leading media and entertainment figures — including other late-night hosts Seth Meyers and Jimmy Kimmel — who have been openly critical of the president’s policies.

Federal Communications Commission Chairman Brendan Carr has been leading the charge, aggressively attempting to wield the long dormant equal time rules forcing broadcast TV stations to offer equal time to opposing candidates as a means of influencing the legacy media companies who President Trump believes treats him unfairly.

Carr contends the effort is a long overdue corrective to combat what he and Trump believe is liberal bias in broadcast network news coverage. He has even threatened to pull TV station licenses if programmers don’t get in line.

Last fall, he warned ABC that it could lose its TV station licenses after Kimmel made remarks on his program about slain right-wing activist Charlie Kirk that upset conservatives. Two major TV station groups pulled the program and the network suspended Kimmel‘s program for a week.

But experts say the efforts — along with the recent arrest of former CNN journalist Don Lemon over civil rights charges — pose a threat to constitutionally protected freedom of speech and would likely face court challenges.

“We don’t want the government trying to make decisions as to what counts as political speech and what doesn’t and what counts as fairness and what doesn’t,” media consultant Michael Harrison told The Times last month.

Some experts are also skeptical that Carr will ever make good on those threats through greater enforcement of the equal time provision.

Andrew Jay Schwartzman, a public interest communications attorney, said Carr is using his bully pulpit at the FCC to intimidate “a timorous broadcasting industry.”

"The Late Show with Stephen Colbert " on July 23, 2024.

“The Late Show with Stephen Colbert “ on July 23, 2024.

(Scott Kowalchyk / CBS)

“It’s just all bluster,” said Schwartzman. “Broadcasters are more interested in short-term regulatory relief from the FCC, and in the case of [CBS parent] Paramount, getting approval of a possible Warner Bros. Discovery deal.”

CBS cited financial losses as the reason for the cancellation of Colbert’s show, which ends in May, just two months before CBS parent Paramount Global closed its merger deal with Skydance Media, which required regulatory approval from the Trump administration. Paramount also has been attempting a hostile bid for Warner Bros. Discovery.

Paramount also drew scrutiny over its controversial decision to pay $16 million to settle Trump’s legal salvo against “60 Minutes” over the editing of an interview with his 2024 opponent, then-Vice President Kamala Harris. Most legal analysts viewed the case as frivolous.

Jeffrey McCall, a communications professor at DePauw University, said he understands why CBS did not want to invite FCC scrutiny.

“CBS could have other matters in front of the FCC,” McCall said. “So, I don’t blame CBS for trying to tell Colbert like, ‘hey, back off.’”

But McCall added that he sees no reason for the FCC to end or curtail the exemption daytime and late-night television talk shows have from laws requiring stations to offer equal broadcast opportunities to political candidates.

“They have a lot to do otherwise and I’m just not sure this is worth their trouble,” he said.

The equal time rules were devised at a time when consumers had a limited number of media options. Broadcast TV is no longer dominant in the era of streaming as evidenced by how the Talarico interview drew 8 million views on YouTube — more than three times the typical TV audience for Colbert’s “Late Show.”

Schwartzman noted that equal time provision cases are typically resolved quickly, as the rule only applies during an election campaign.

If Talarico’s interview had aired on TV and his opponents requested time, CBS would have to accommodate them ahead of the Texas primary election on March 3. (The network would not have been required to give time to Republican candidates).

CBS could have fulfilled the request by providing time on its affiliated stations in Texas. The opposing candidates did not have to appear on Colbert’s show.

“The remedy is you have to give them airtime,” Schwartzman said. “That’s all.”

CBS wanted Colbert to steer clear of Talarico because the FCC previously announced it is “investigating” ABC over the candidate’s appearance on “The View,” according to a network executive not authorized to discuss the matter publicly. Talarico was on the daytime talk show Feb. 2, which has led to the FCC launching an “enforcement action” on the matter.

Representatives from CBS and ABC declined comment.

Appearing Wednesday on Fox News Channel’s “The Ingraham Angle,” Carr brushed off accusations by Democrats that he was using the rule to silence their candidates.

“What we’re doing now is simply applying the law on the books,” Carr said.

When host Laura Ingraham noted that if CBS had aired the Talarico interview, it would have meant free airtime for Tarico’s primary opponent and high-profile Trump critic Rep. Jasmine Crockett (D-Texas), Carr replied, “Ironically, yes.”

But Schwartzman noted that if the FCC punished a network for ignoring the rule, the move would likely be challenged in court and take years to resolve. Even if the policy were violated, that would not be enough to get a station license pulled.

“A single violation or even a couple of violations of FCC policy are meaningless,” Schwartzman said. “You have to demonstrate a pattern of violations.”

Carr has also publicly supported Nexstar Media Group’s proposed $6.2-billion merger with Tegna, which would require the government to lift the ownership cap that limits TV station owners to coverage of 39% of the U.S. with their outlets.

Not surprisingly, the merger has the support of Trump, who is pals with top Nexstar executive Sean Compton, who oversees its cable channel NewsNation.

“We need more competition against THE ENEMY, the Fake News National TV Networks,” Trump wrote Feb. 7 on Truth Social. “Letting Good Deals get done like Nexstar — Tegna will help knock out the Fake News because there will be more competition, and at a higher and more sophisticated level.”

How Nexstar could take on the broadcast networks is a mystery. Nexstar is highly dependent on its affiliations with ABC, CBS, NBC and Fox due to their contracts with the NFL, which provide the stations with their highest-rated programming. Those network affiliations also give Nexstar leverage in its negotiations to get carriage on cable and satellite providers.

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FCC reject claims of censorship, announces probe into US show The View | Entertainment News

Brendan Carr, the chair of the Federal Communications Commission (FCC) in the United States, has confirmed that the agency launched an investigation against ABC’s daytime talk show The View over a recent appearance by a politician.

In comments to reporters on Wednesday, Carr indicated the probe would examine whether The View violated a new interpretation of an “equal time” rule implemented under President Donald Trump.

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Fox News had been the first to report on the investigation in early February. The segment in question involves an appearance from Texas state Representative James Talarico, a Democrat who is vying for the US Senate.

The confirmation comes as Carr attempted to shut down claims that the government censored an interview between Talarico and late-night talk show host Stephen Colbert.

“There was no censorship here at all,” Carr said.

“Every single broadcaster in this country has an obligation to be responsible for the programming that they choose to air, and they’re responsible whether it complies with FCC rules or not, and it doesn’t, and those individual broadcasters are also going to have a potential liability.”

The controversy with Colbert likewise stems from the Trump administration’s decision to shift definitions under the “equal time” rule.

What is the ‘equal time’ rule?

The rule is part of section 315 of the 1934 Communications Act. Under that law, if a broadcaster allows one candidate for public office to use its facilities, it is required to “afford equal opportunities” to all other candidates in the same race.

But the law includes exceptions for “bona fide newscasts” and “bona fide news interviews”.

For nearly 20 years, talk shows and late-night comedy programmes were included in those categories.

In January, however, the FCC issued new guidance (PDF) that significantly narrows how it interprets the “bona fide news” exemption. In a memo, it described daytime talk shows and late-night comedy as “entertainment programs” that fall outside the exception.

“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,” the memo reads.

The commission also suggested that many such programmes are “motivated by partisan purposes” and are therefore not “bona fide” news.

The new interpretation of the “equal time” rule, the FCC argued, is designed to “ensure that no legally qualified candidate for office is unfairly given less access to the public airwaves than their opponent.”

Controversy with Colbert

That new interpretation came roaring into the spotlight on Monday, after a broadcast of the CBS comedy programme The Late Show with Stephen Colbert.

In one of his opening segments, Colbert alleged that the network lawyers barred him from airing a planned interview that night with Talarico.

“Let’s just call it what it is,” Colbert told his audience. “Donald Trump’s administration wants to silence anyone who says anything bad about Trump on TV, because all Trump does is watch TV. OK? He’s like a toddler with too much screen time.”

Trump has previously criticised both Colbert’s show and The View for what he considers a left-wing slant.

Instead of broadcasting his interview with Talarico on network television, Colbert instead posted the segment on the programme’s YouTube page, where it has gained more than 6 million views as of 3:30pm Eastern Time (20:30 GMT) on Wednesday.

According to Carr, Colbert’s show could have aired the Talarico interview if it had complied with the equal time rule.

That would have involved allowing other candidates in Texas vying for the Senate seat to come on the show. Carr also suggested that another solution could have been to restrict the broadcast in Texas.

But the FCC has continued to face criticisms for its actions. In Tuesday’s broadcast, Colbert addressed the issue a second time.

He read aloud a statement from his broadcast channel that read, in part, that The Late Show “was not prohibited by CBS from broadcasting the interview” and that it was instead “provided legal guidance that the broadcast could trigger the FCC equal-time rule”.

CBS added, in the statement, that Colbert could have invited onto the show Talarico’s rivals, including fellow Democrat Jasmine Crockett.

“I am well aware that we can book other guests,” Colbert responded. “I didn’t need to be presented with that option. I’ve had Jasmine Crockett on my show twice. I could prove that to you, but the network won’t let me show you her picture without including her opponents.”

Colbert has been a vocal critic of CBS’s parent company, Paramount Global, particularly after it settled a lawsuit last year with the Trump administration for $16m in the run-up to a critical merger for which it needed government approval.

Talarico, meanwhile, accused the FCC of censoring his interviews. Nevertheless, on Wednesday, he noted that the uptick in media attention from the scandal has helped him gather donations.

“Our campaign raised $2.5 million in 24 hours after the FCC banned our Colbert interview,” he wrote on social media.

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Stephen Colbert calls out CBS for barring interview with Democratic candidate

The Federal Communications Commission‘s stronger enforcement of its “equal time” rules is already affecting late-night TV.

During Stephen Colbert’s Monday night monologue on “The Late Show With Stephen Colbert,” he carried on per usual, introducing the Late Show Band and his guest Jennifer Garner. He then posed the question, “You know who is not one of my guests tonight?”

The late-night host was meant to have Texas state representative James Talarico on the show. But he said on air that he was “told in no uncertain terms by our network’s lawyers, who called us directly, that we could not have him on the broadcast.”

He continued on to explain the FCC’s new guidance for equal time rules under its Chairman Brendan Carr. The rules require broadcasters who feature political candidates to provide the same time to their rivals, if requested. Typically, news content, daytime and late-night talk shows have been excluded from these regulations, as it’s been an informal tradition for presidential candidates to make their rounds on various late-night shows.

But the FCC under Carr, who has made no secret of his intention to carry out an agenda that is aligned with President Trump’s wishes, has questioned whether late-night and daytime talk shows deserve an exemption from the equal-time rules for broadcast stations using the public airwaves. Many legal and media experts have said a stricter application of the rule would be hard to enforce and could stifle free speech

“Let’s just call this what it is. Donald Trump’s administration wants to silence anyone who says anything bad about Trump on TV, because all Trump does is watch TV,” said Colbert Monday night.

Earlier this year, ABC’s “The View” featured Talarico, as well as his main rival and fellow Democrat Jasmine Crockett. Talarico is currently facing off with Crockett and Ahmad Hassan in the Democratic primary for one of Texas’ two seats in the U.S. Senate. The FCC is also reportedly investigating his appearance on “The View.”

Experts consider the equal time rule to be antiquated, designed for a time when consumers were limited to a handful of TV channels and a dozen radio stations if they lived in a big city. The emergence of cable, podcasts and streaming audio and video platforms — none of which are subject to FCC restrictions in terms of content — have greatly diminished traditional broadcast media’s dominance in the marketplace. Carr has previously suggested that if TV hosts want to include political candidates in their programming, they can do it — just not on broadcast TV.

Colbert said he was taking Carr’s “advice” and revealed that his entire interview with Talarico was instead uploaded on YouTube. During the interview, Talarico calls out the Republican Party for initially running against “cancel culture.”

“Now they are trying to control what we watch, what we say, what we read. And this is the most dangerous kind of cancel culture, the kind that comes from the top,” said Talarico. “They went after ‘The View’ because I went on there. They went after Jimmy Kimmel for telling a joke they didn’t like. They went after you for telling the truth about Paramount’s bribe to Donald Trump.”

“The Late Show with Stephen Colbert” is leaving the air come May, signaling the end of CBS’s longstanding relationship with the late-night talk show. Its cancellation was a “purely financial decision,” according to CBS. But it also came at a time when Paramount Global, which owns CBS, was seeking regulatory approval from the Trump administration to sell itself to Skydance Media. The merger was finalized in August.

L.A. Times staff writer Stephen Battaglio contributed to this report.

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