Conflict Over Equal Time Rules in Texas Senate Primary

There’s a bit of a clash brewing involving a Texas-based ABC affiliate, which is not under Disney’s ownership, and FCC Chairman Brendan Carr regarding equal time regulations in the highly contested Democratic Senate primary in Texas.

Last month, Carr’s FCC stated that broadcast networks must adhere to “statutory equal opportunity requirements,” referring to the 1934 Communications Act. This includes the airing of both late-night and daytime talk shows. Fox News Digital first reported that the FCC is looking into ABC’s “The View” after Democratic U.S. Senate candidate James Talarico’s appearance on the show lasted under ten minutes on February 2.

Josh Holmes, host of the “Ruthless” podcast, mentioned on Tuesday that several ABC affiliates across Texas have discreetly submitted equal time notices in recent days. This, in turn, has paved the way for Rep. Jasmine Crockett, Talarico’s leading opponent in the primary, to also request equal airtime.

Holmes recalled past tensions between the FCC and shows like those hosted by Kimmel and Colbert, emphasizing that these programs are subject to federal regulations. He quoted Carr, who asserted that if airtime is being given, equal opportunities must be offered to all candidates.

He elaborated, saying there was significant pressure stemming from the Talarico situation, leading to ABC stations realizing they wouldn’t want to be put in a corner and thus decided to provide equal time to Crockett.

Interestingly, Holmes noted that Crockett had the option to request the same airtime but hadn’t seen any mention of it in the mainstream media.

An insider at the FCC indicated that the equal time notifications were available to the public but hadn’t been previously reported. Holmes remarked that this situation is indeed significant, and co-host Comfortably Smug expressed that Crockett might feel a bit wronged.

Many ABC affiliates across Texas, including those in major cities, have filed equal time notices. However, KTRK in Houston, the only Texas ABC affiliate owned by Disney, did not submit a notice. They did not respond when asked for comments.

The FCC declined to provide any comments, and Crockett’s campaign has also not returned requests for input.

When Talarico appeared on “The View,” it marked one of the first such appearances following the FCC’s stricter stance. Historically, there has been a “bona fide” exception for news programs that do not require equal time. However, the FCC currently states that no evidence has been provided to show that the interviews on daytime shows constitute real news.

Notably, Disney did not file anything with the FCC regarding Talarico’s appearance, potentially signaling that they view “The View” as a legitimate news outlet, which invokes an exemption from the time-sharing policy. An insider suggested that non-Disney stations might see it differently, considering it isn’t genuinely a news program.