What Does it Really Mean When a Politician Says a Station's License Should be Pulled?

After Donald Trump called for a couple of networks to lose their licenses because he didn't like the consequences of his actions, Deadline wrote up a piece on what the FCC can and can't do regarding broadcast licensing. “The FCC does not and will not revoke licenses for broadcast stations simply because a political candidate disagrees with or dislikes content or coverage,” said FCC chairwoman Jessica Rosenworcel. But is Trump alone in thinking that the FCC has authority it does not? Here are some excerpts from Deadline: Licensing. Networks are not licensed, but their broadcast stations are. And when it comes to news content, the FCC has made clear that its enforcement in that is very “narrow in scope” due to the First Amendment. Andrew Jay Schwartzman, senior counselor at the Benton Institute for Broadband and Society, recalled that there has been no license case involving programming since the 1970s — and it was over content that a broadcaster failed to carry. Moreover, the Telecommunications Act of 1996 limited the criteria for denying a license. “It was essentially impossible before then,” he said. “It is totally impossible now.” Equal time. Broadly speaking, this rule is meant to ensure that candidates receive equal access to the airwaves. A station is obligated to provide comparable time and placement to a candidate’s rivals, albeit it does not mean the outlet has to invite them on identical programming. There are two big exceptions: The candidates have to be “legally qualified,” as in that have to be eligible for the ballot. There also is a rather large exemption for “bona fide” news programming, interviews, documentaries and news events. That applies to everything from the local evening newscast to debates to late-night talk shows. The rules also do not apply to cable channels or web-based video, streaming podcasts or social media. And it’s up to the candidates to request equal time; not all of them do. The equal time rule is not to be confused with… Fairness Doctrine. This rule required that broadcasters covered issues in a way that reflected differing viewpoints. This is still standard practice in many sectors of journalism, but as an actual regulation it is moot. The FCC did away with the Fairness Doctrine in 1987, even though there’s often a misconception that it is still on the books. The abolishment of the doctrine helped usher in politically charged talk radio, with Rush Limbaugh emerging as the biggest star. Stations no longer were obligated to present “the other side” and instead found ratings gold in telling listeners what they wanted to hear. Campaign ads. Stations are required to charge candidates only the “lowest unit rate” for the 60 days before an election and 45 days before a primary. Outside of those windows, they can charge rates that are comparable to commercial sponsors. This rule does not apply to issue ads, which is why interest groups and Super PACs can pay much more than a candidate’s campaign. The broadcast stations also are prohibited from rejecting or censoring ads from legally qualified candidates. This came up last week, when an anti-abortion spot aired during The View that compared Whoopi Goldberg and other celebrities to Joseph Goebbels. The spot came from activist Randall Terry, a minor-party candidate, and ABC made clear that it was required to air the ad. Viewers also may wonder about the phrase they will hear many, many times before election day” “I am Kamala Harris, and I approved this message,” or “I am Donald Trump, and I approved this message.” Those are legally required disclaimers on campaign ads, and they require a full screen of the candidate making the statement and their voice-over. The rules, though, are part of the Bipartisan Campaign Reform Act and generally enforced by the Federal Election Commission.

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What Does it Really Mean When a Politician Says a Station's License Should be Pulled?

Kevin Eck

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Kevin Eck