The FCC’s 2002 decision “remains unchallenged and unchanged from that time to the present day.” Scene ABC, it said, fully qualifies for exemption under applicable legal standards.
Today’s FCC Media Bureau public notice describes the 2002 decision as “a letter from an FCC staffer.” The ABC petition said the 2002 letter was “a declaratory decision of the Mass Media Bureau,” which “remains in full force and effect.”
ABC challenges legality of equal time rule
Apart from asking for comments on this? Scene Like a bona fide news show, the FCC proceedings provide an opportunity for people to comment on whether the equal time rule itself is constitutional. ABC’s petition argued that the rule “raises profound First Amendment concerns” because it places limits on editorial decisions about what to feature guests.
ABC said, “At a minimum, the equal opportunity rule cannot survive constitutional scrutiny without the kind of strong bona fide news exemption that the Commission has applied for decades.”
FCC Media Bureau notice responding to ABC’s constitutional argument seeking public comment on whether “the federal equal opportunity statute passes muster”[es] The relevant constitutional inquiry, either as a general matter or as applied here.”
The docket has received a few dozen comments already today. Most of the people who write this are Scene This is not an actual news show, but one commentator said the FCC investigation is “misguided and baseless, especially because it apparently did not arise from any formal complaint Scene Violation of equal time provisions or its long-term status as a bona fide news program.
The FCC has set a June 22 deadline for initial comments and a July 6 deadline for reply comments.
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