Equal Opportunities Rule Returns To Spotlight As FCC Targets Talk Shows.

The Fairness Doctrine may be dead, but its regulatory cousin — the equal opportunities requirement — remains alive and on the books. And the Federal Communications Commission is leaning on that rule as it as it issues a reminder that not all talk shows are exempt from its requirements. While the focus is on daytime television programs like “The View” and late-night talk shows, the equal opportunities requirement is the same for both radio and television stations and could ripple through both in the long-term.

The equal opportunities requirement comes into play in the campaign setting. Typically, it means that if a talk show has on a guest from one party, it gives the person from the other party the same opportunity to appear on the show as long as they meet the guidelines for a legally qualified candidate. News coverage is exempt.

Things have been somewhat murky since 2006 when the Media Bureau issued a staff-level decision concluding the interview portions of all entertainment programs fell under the news exemption. In the years since, many Republicans complained their Democratic rivals are receiving friendly invites to appear on TV talk shows with no equal time for them.

The FCC has just issued an advisory that looks to address the concerns of conservatives by offering updated guidance to broadcasters. It states clearly that not all entertainment programs fall under the news exemption.

“This is not the case,” the FCC says, explaining, “These decisions are fact specific and the exemptions are limited to the program that was the subject of the request.” While it doesn’t target any specific show, the FCC says none of the television talk shows currently on the air would qualify for the news exemption. It means that in the upcoming midterm election cycle, if those shows invite a candidate from one side, they must offer comparable time and placement to their rival.

The FCC says in its guidance that the regulations represent the decision by Congress that broadcasters have an obligation to operate in the public interest — and not in any narrow partisan, political interest. The news coverage exemption was created in 1959, in an effort to increase news coverage of political campaign activity. The equal opportunities requirement isn’t triggered when a candidate makes an appearance in a newscast, a bona fide news interview or documentary, or in breaking news coverage.

But critics of the Trump administration are accusing the FCC of escalating what they see as a campaign to censor and control speech. Commissioner Anna Gomez calls the FCC advisory “misleading” since no new regulation has been adopted. Instead, she sees it as the latest attempt at intimidating stations, telling broadcasters they should not feel pressured to water down, sanitize, or avoid critical coverage.

“Broadcast stations have a constitutional right to carry newsworthy content, even when that content is critical of those in power. That does not change today, it will not change tomorrow, and it will not change simply because of this administration’s desire to silence its criticism,” Gomez said.

Some on the left also see the FCC policy benefiting them, by applying the same rules to conservative talk radio shows as TV programs. While the end of the Fairness Doctrine in 1987 paved the way for radio shows to offer just one viewpoint, the equal opportunity rule could be used during campaign season. Progressives suggest talk radio shows that frequently feature Republican candidates could be forced to offer airtime to Democrats.

In the meantime, the FCC encourages broadcast stations to ensure that they are making all appropriate equal opportunity filings required by FCC public file rules. That includes a record of all requests for political airtime by candidates, even when they are refused.