FCC Democrat says the rules haven’t changed

The equal-time rule, formally known as the Equal Opportunities Rule, “generally govern[s] the circumstances under which radio and TV broadcast stations and other regulatees air political-related content,” the FCC explained in 2022. When a station gives time to one political candidate, it must provide comparable time and placement to an opposing candidate if an opposing candidate makes a request.

The rule has an exemption for candidate appearances on bona fide news programs. As the FCC explained, “appearances by legally qualified candidates on bona fide newscasts, interview programs, certain types of news documentaries, and during on-the-spot coverage of bona fide news events are exempt from Equal Opportunities.”

Entertainment talk shows have generally been treated as bona fide news programs for this purpose. But Carr said in September that he’s not sure shows like The View should qualify for the exemption, and today’s public notice suggests the FCC may no longer treat these shows as exempt.

Commissioner Anna Gomez, the only Democrat on the FCC, issued a press release criticizing the FCC for “a misleading announcement suggesting that certain late-night and daytime programs may no longer qualify for the long-standing ‘bona fide news interview’ exemption under the commission’s political broadcasting rules.”