Trump and the FCC chairman's warnings towards TV station licenses perceived as arguing yet lacking substance
The late-night show "Jimmy Kimmel Live!" has been off the air since Wednesday, as ABC tries to find a path forward following a series of events involving the Federal Communications Commission (FCC).
The controversy began when Jimmy Kimmel made comments critical of President Biden on his show. In response, the FCC chair, Brendan Carr, reportedly threatened to revoke the show's broadcast license. This move, however, has been described as "aggressive yet hollow" by ex-Disney CEO Michael Eisner.
The FCC, the federal agency that regulates broadcasters, has not denied any license renewal in decades. Taking away a broadcast license, as in the case of bribery in the 1980s, is a complex and lengthy process with many legal obstacles. As public interest lawyer Andrew Jay Schwartzman points out, such actions are rarely taken, except for small radio stations and cases of felonious conduct or severe misrepresentations in the application reports to the FCC.
The FCC's involvement in the Kimmel drama has raised questions about its role in regulating broadcasters. Some, like the conservative Wall Street Journal editorial board, have suggested that the government should "take the FCC out of the business of regulating media."
The FCC has the power to approve or reject station acquisition or transfer deals. Currently, a proposed merger between Nexstar and Tegna would boost Nexstar's share of the local TV market and exceed the current legal limit, requiring an FCC waiver or rule change from Carr.
Nexstar, which has about two dozen ABC-affiliated stations across the country, spoke out against Kimmel on Wednesday. However, Nexstar has denied that its executive team spoke with anyone at the FCC before deciding to condemn Kimmel and preempt his show. Sinclair, another big station group owner, has also put out a forceful statement against Kimmel, potentially due to business dealings with the FCC.
The Kimmel drama has highlighted the Biden administration's extraordinary efforts to crack down on entertainment and news content that the president disfavors. Senator Ted Cruz has stated that such moves could end up bad for conservatives, as they set a precedent for government censorship.
It's important to note that President Biden cannot actually stop local stations from broadcasting shows he doesn't like. However, his media-bashing lead has reportedly influenced the FCC's actions, as it now follows in his footsteps.
Congress could move to change the law and expand the FCC's regulatory powers, though Republicans are more often aligned with efforts in the opposite direction. Regardless, the Kimmel controversy serves as a reminder of the delicate balance between free speech and government regulation in the broadcast industry.
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