• by Wendy Davis , 8 hours ago

The Federal Communications Commission should abandon its "extraordinary and unprecedented" review of eight ABC-owned stations' broadcast licenses, the network argues in a new filing with the agency.

"There is no question why the Commission is singling out these eight stations: Each is owned by ABC, and the Administration has openly and repeatedly called for the revocation of ABC’s licenses, because it dislikes the content and viewpoints expressed on ABC network programs," the company writes.

"The retaliation against ABC is a signal to every media company in the country: accommodate the Administration’s view of what news coverage should look like or pay the price," ABC says.

"Across the government, regulatory and contracting carrots and sticks have been trained on other disfavored speakers," the network adds. "The tools vary; the objective does not: a media industry too fearful of official reprisal to report the news freely."

The filing comes in a battle that officially began in April, when the FCC told ABC to seek an immediate review of broadcast licenses for television stations it owns in eight major markets -- including New York and Los Angeles.

The licenses normally wouldn't have come up for renewal until 2028, but the FCC said it was conducting an early review as part of its investigation into alleged "unlawful discrimination" -- meaning diversity, equity and inclusion efforts -- by the broadcaster.

The agency launched the investigation one day after President Donald Trump said in a Truth Social post that Disney and ABC should "immediately" fire Jimmy Kimmel over a joke that Trump characterized as a "despicable call to violence." (In the joke, which aired two days before the April White House Correspondent's Dinner, Kimmel said: "Mrs. Trump, you have a glow like an expectant widow.")

FCC Chair Brendan Carr has said the license review isn't related to content.

ABC thinks otherwise: "The Administration is retaliating against ABC for the exercise of its First Amendment rights," the network writes.

The network notes it has come under scrutiny by Carr's FCC two other times since Trump returned to office.

First, the FCC "resorted to intimidation" in an attempt to force ABC to "take action" regarding Kimmel's show.

“We can do this the easy way or the hard way," Carr told a podcaster last September. "These companies can find ways to take action on Kimmel, or there is going to be additional work for the FCC ahead.”

Next, the FCC said earlier this year it was investigating whether an interview on "The View" with Texas State Rep. James Talarico -- then seeking the Democratic nomination for U.S. Senate -- violated the so-called equal-time rule.

That rule, which broadly says broadcasters that give free air time to "legally qualified" candidates must also offer their rivals an opportunity for free air time, has exceptions for "bona fide" newscasts, interviews and documentaries.

In 2002, the FCC's Media Bureau said "The View" qualified for that exception.

ABC says in its newest filing that any finding that "The View" violated the rule would both reverse a prior FCC ruling and also pose "grave First Amendment problems."

The network also says that it analyzed the 140,000 comments submitted to date regarding the license renewals, and that more than 95% support the stations.

"These supporters span the ideological spectrum but share a fundamental commitment to free speech and press freedom," ABC writes.