NAB: Revoking ABC Station Licenses Threatens 1A Rights

The National Association of Broadcasters has filed comments urging the FCC to renew the licenses of eight ABC-owned television stations, arguing that denial would violate First Amendment rights, risk censoring news coverage, and threaten the broadcast industry’s financial future.

The filing responds to “petitions to deny” submitted by outside groups seeking to block the renewals of ABC’s owned-and-operated stations. NAB stressed that the station renewal process is not an open-ended tool for reviewing every aspect of a licensee’s business, resolving claims belonging to other agencies or courts, or second-guessing protected editorial decisions.

“Contrary to many renewal opponents’ claims, [the station renewal process]...is not designed to be an open-ended vehicle for reviewing every aspect of a licensee’s or its corporate affiliates’ businesses, resolving claims committed to other agencies and courts, or second-guessing constitutionally protected editorial decisions,” NAB wrote. 

“The filings opposing renewal of the ABC stations’ licenses stray well beyond these statutory boundaries. They invite the Commission to evaluate whether and how the stations covered news and public affairs, which is precisely the type of editorial judgment protected by the First Amendment and Section 326’s prohibition against censorship. Yet none of the filers makes the prima facie showing required to establish that any programming aired by the stations violated the Communications Act, the FCC’s rules, or the stations’ public interest obligations.”

NAB further noted that the FCC limits consideration of non-FCC misconduct to four specific areas of adjudicated conduct—none of which apply here—and that Section 309(k)(1) requires evaluation of each station’s performance during its license term, not unrelated corporate activities such as theme parks, studios, or streaming platforms. Allowing such claims to affect renewals would ignore the statute, established precedent, and the approach the FCC took just two years ago when rejecting challenges to FOX 29 Philadelphia’s renewal.

The association also warned that uncertainty created by early challenges to license renewals will discourage investment in the broadcast industry.

FCC Chair Brendan Carr has repeatedly stated the agency’s interest in strengthening the financial stability of local broadcasters so they can expand local news coverage, citing that goal in initiatives involving broadcast sports rights, network-affiliate relations, and ownership caps.