• by Wendy Davis , 5 hours ago

Federal Communications Commission Chair Brendan Carr says the agency is investigating whether ABC's "The View" violated the so-called "equal time" rule by broadcasting an interview with Texas State Rep. James Talarico, who is currently seeking the Democratic nomination for U.S. Senate.

"The FCC has an enforcement action underway on that, and we're taking a look at it," Carr told reporters Wednesday.

Talarico appeared on "The View" earlier this month. The show has previously aired interviews with U.S. Rep. Jasmine Crockett, who is also seeking the Democratic nomination for U.S. Senate.

That law generally says broadcasters that give free air time to a "legally qualified" political candidate must offer all candidates for that office the opportunity for air time. The FCC's implementing regulations require broadcasters to note the free air time in a filing; other candidates can then request equal opportunities from the broadcaster.

The law has exceptions for "bona fide" newscasts, interviews and documentaries, and for at least 20 years the FCC has applied that exception to talk shows.

In 2006, the agency's media bureau specifically ruled that Jay Leno's interview on "The Tonight Show" with California Governor Arnold Schwarzenegger, who was then running for reelection, qualified for the "bona fide" interview exception to the equal time rule.

But in January, the Commission said in new guidance that decisions regarding exemptions are "fact specific." The agency went on to suggest that the 2006 Leno decision was misinterpreted to mean that interviews of all "arguably similar entertainment programs" were exempt from the equal time rule.

"The FCC has not been presented with any evidence that the interview portion of any late night or daytime television talk show program on air presently would qualify for the bona fide news exemption," the agency wrote.

Carr's remarks regarding the probe of "The View" came just two days after Stephen Colbert said CBS pulled his interview with Talarico from the air due to concerns about the equal time rule.

FCC Commissioner Anna Gomez, a Democrat, criticized the agency over its recent moves regarding that law.

"We have long-established precedent of the applicability of the bona fide news exception to the equal time rule, and I think that the broadcasters had every reason to rely on that longstanding precedent," she told reporters Wednesday.

She added that the FCC was "using and weaponizing our enforcement process in order to pressure broadcasters to self-censor."

"What's dangerous about this is the fact that this FCC wants to delve into content and editorial decisions by these broadcasters," she said.