FCC Chair Questions YouTubeTV About Alleged Discrimination

FCC Chairman Brendan Carr initiated an inquiry into allegations that YouTube TV, a streaming service owned by Google, may be discriminating against faith-based programming.

The action stems from a complaint Carr received from Great American Media, the parent company of the Great American Family network, which claims that YouTube TV has deliberately refused to carry its channel despite its availability on other major cable and streaming platforms like Comcast, Cox, Hulu, FuboTV, and DirecTV Stream. Carr publicized this move in a letter addressed to Alphabet CEO Sundar Pichai and YouTube CEO Neal Mohan, which he also shared on X, framing it as part of a broader concern about censorship in public discourse.

Great American Family, launched in 2021 by Great American Media, markets itself as a faith- and family-friendly channel, offering programming like holiday movies and content with Christian themes.

 The network has reportedly grown rapidly, touted as the "second fastest-growing channel in cable television" by Carr, yet YouTube TV has declined to include it in its lineup. Carr’s letter questions whether this exclusion reflects "viewpoint-based discrimination," suggesting that YouTube TV’s decision might be influenced by the channel’s religious content rather than neutral business considerations. He has requested that Google brief FCC staff on YouTube TV’s carriage negotiation processes and the role virtual multichannel video programming distributors (vMVPDs) like YouTube TV play in content selection.

Legally, the FCC’s authority here is limited. Section 616 of the Communications Act allows the FCC to address discriminatory practices in carriage agreements, but this applies primarily to traditional cable operators, not necessarily streaming platforms like YouTube TV. 

Experts, such as Harold Feld cited in MediaPost, argue that even if extended to vMVPDs, Section 616 focuses on anticompetitive behavior (e.g., favoring affiliated channels) rather than mandating specific content inclusion. The FCC cannot force YouTube TV to carry Great American Family, as private companies have broad discretion over their programming choices, protected in part by First Amendment rights and Section 230 of the Communications Act, which shields platforms from liability for third-party content decisions—though Carr hints this protection hinges on "good faith" actions.

The inquiry is in its early stages, with no formal investigation or ruling yet. It’s unclear if Great American Family’s exclusion is due to its faith-based identity or routine business negotiations—YouTube TV also doesn’t carry other niche channels like Newsmax, despite demand from some quarters.