“The FCC has an enforcement action underway on that,” Chairman Brendan Carr told reporters after an agency meeting Wednesday, in response to a question about whether there were an investigation into the daytime series over potential violations of the “equal time” rule. “And we're taking a look at it.”
James Talicaro, a Democratic candidate for the Senate in Texas, appeared on “The View” on Feb. 2. U.S. Rep. Jasmine Crockett, who is running against Talarico for the nomination, has also been on the show.
The Trump administration has taken steps to clamp down on talk shows, which the FCC has suggested may be “motivated by partisan purposes.” Earlier in the week, late-night host Stephen Colbert said CBS executives had pulled an appearance by Talarico on his program over fears it ran afoul of equal time provisions.
The FCC issued new guidance in January to late-night and daytime hosts that they needed to give political candidates equal time. There are exceptions to the rule, including for newscasts, “bona fide” interview programs, and coverage of live events or documentaries. Carr has raised questions about the talk show exemption and whether it should stand.
“The FCC has not been presented with any evidence that the interview portion of any late night or daytime television talk show program on air presently would qualify for the bona fide news exemption,” according to the agency's public notice last month.
The equal time provision applies only to broadcast, not streaming or internet programs.
