FCC Reacts To ABC's 1A Concerns

The Walt Disney Company and its ABC broadcast network are pushing back against a FCC investigation into whether the daytime talk show “The View” qualifies for a long-standing “equal time” exemption for bona fide news programming.

In a petition filed with the FCC and made public Friday, Disney called the probe baseless and accused the agency of selective enforcement that targets television programs viewed as politically unfavorable while sparing conservative AM radio talk shows. 

The company argued the action raises serious concerns about viewpoint discrimination and retaliatory targeting.

Disney noted that daytime and late-night talk shows featuring political interviews, including “The View,” have received blanket exemptions from the equal-time rule since the mid-1990s, based on their similarity to news broadcasts. ABC said “The View” itself has held the exemption since the early 2000s.

The company highlighted what it called a contradictory policy under FCC Chairman Brendan Carr: the agency has stopped granting blanket exemptions to TV programs that interview political candidates, judging them instead by “political motivations.” However, Carr explicitly said the change would not apply to radio talk shows.

“The danger is that the government will simply decide which perspectives to regulate and which to leave undisturbed,” Disney’s lawyers wrote. They cited examples of conservative radio hosts blurring lines between commentary and political advocacy, including on-air endorsements.

The FCC launched the inquiry earlier this year after Texas state Rep. James Talarico, then a candidate, appeared on “The View” in February. The agency’s Media Bureau sent a letter to ABC-owned station KTRK (Channel 13) in Houston, questioning whether the station properly documented the appearance in its public inspection file and demanding evidence to support the exemption.

Disney argued the FCC lacks authority to force broadcasters to file petitions for declaratory rulings or initiate such proceedings. Nevertheless, the company submitted the requested petition on Thursday.

An FCC spokesperson defended the equal-time rule as one that “encourages more speech and empowers voters,” but did not directly address Disney’s claims of selective enforcement against TV versus radio.

“The View” matter is distinct from another FCC action against Disney. The agency is scrutinizing the renewal of broadcast licenses for KTRK and seven other ABC-owned TV stations amid concerns raised by Chairman Carr over the company’s diversity, equity, and inclusion (DEI) practices. Last month, the FCC took the unprecedented step of ordering Disney to file early renewal applications for stations whose licenses are not yet expiring. Disney has until the end of May to respond.

The company has maintained that no evidence supports claims of legal violations related to its employment practices.