The FCC has issued new guidance on Wednesday clarifying that late-night and daytime talk shows are generally not exempt from the "equal opportunities" (equal time) rules for political candidates under Section 315 of the Communications Act.
This means broadcast stations airing such programs may need to provide comparable airtime to opposing legally qualified candidates if one appears for an interview, unless the show qualifies for a narrow "bona fide news interview" exemption.
The FCC emphasized that current late-night and daytime talk shows—including programs like Jimmy Kimmel Live! and The View—have not demonstrated eligibility for the exemption. It noted no evidence has been presented that their interview segments qualify as bona fide news, and programs motivated by partisan purposes are ineligible under longstanding precedent.
The guidance addresses industry reliance on a 2006 FCC staff decision granting an exemption to The Tonight Show with Jay Leno as a one-time, fact-specific ruling—not a blanket precedent for similar entertainment programs.
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| Brendan Carr |
Carr urged broadcasters to act, leading to temporary preemption of the show by affiliates owned by Nexstar Media Group and Sinclair Broadcast Group, followed by a week-long ABC suspension before its restoration.
Carr also questioned exemptions for The View and reinstated a complaint against WNBC-TV over Kamala Harris's 2024 Saturday Night Live appearance, alleging equal time violations.
The FCC stressed the importance of broadcasters and candidates understanding the rules to ensure fair access to airtime for qualified political candidates.