The Federal Communications Commission under the Trump administration issued new guidance on Wednesday. This notice warns broadcast stations that late-night and daytime talk show interviews with political candidates might activate federal “equal opportunities” rules. This change tightens expectations for programs that have enjoyed broad news exemptions for a long time.
FCC Chairman Brendan Carr emphasized the notice in a post on X. He noted that “legacy TV networks” have treated talk shows as “bona fide news,” even when segments served purely partisan political purposes. He reminded broadcasters of their duty to offer legally qualified candidates equal airtime.
The guidance, from the FCC’s Media Bureau, states that stations should not automatically assume that candidate appearances on talk shows meet the “bona fide news interview” exemption outlined in Section 315 of the Communications Act. Instead, the bureau stated that stations wanting that protection should seek an individualized declaratory ruling from the FCC.
This decision overturns a long-standing reliance on a 2006 FCC ruling that deemed The Tonight Show with Jay Leno exempt for its interview with then-California Governor Arnold Schwarzenegger, according to Reuters.
Under the equal opportunities rule, if a broadcast station provides airtime to one legally qualified candidate for public office, it must offer equal chances to rival candidates for that office if they ask for it. This rule pertains to broadcasters using public airwaves, excluding cable channels and streaming services.
Carr’s recent action is part of a larger effort to challenge major broadcast outlets and entertainment programs, which conservatives claim favor Democrats. The Washington Post reported that the guidance has faced pushback from Democrats and press freedom advocates, who argue that the commission is misusing regulatory power to sway editorial choices on sensitive political content.
Democratic FCC Commissioner Anna M. Gomez criticized this strategy, warning that it risks government interference in programming decisions, according to the Post.
For years, legacy TV networks assumed that their late night & daytime talk shows qualify as “bona fide news” programs – even when motivated by purely partisan political purposes.
Today, the FCC reminded them of their obligation to provide all candidates with equal opportunities pic.twitter.com/sWiQmqQHCq
— Brendan Carr (@BrendanCarrFCC) January 21, 2026
The Los Angeles Times stated that the guidance supports Carr’s initiative to increase pressure on broadcast networks and shift control toward local station owners, including large station groups that typically air network programming.
Carr has also criticized late-night host Jimmy Kimmel publicly in recent months. In September 2025, Democrats proposed legislation called the “No Political Enemies Act” after ABC removed Jimmy Kimmel Live! from its schedule; the Guardian reported that this led to accusations of the administration retaliating against critics.
This week’s FCC guidance also came after Carr decided to revisit a complaint concerning NBC and a “Saturday Night Live” appearance by then-Vice President Kamala Harris close to an election, as reported by Reuters.
Industry lawyers mentioned that this new direction might make broadcasters more cautious about booking candidates on entertainment shows. Equal-time requests can lead to administrative challenges and force stations to provide similar airtime to competing candidates. Trade publications focusing on media regulation reported that the FCC’s notice indicates skepticism about whether current talk shows should automatically qualify as news programming for exemption purposes.
Major broadcast networks did not provide immediate comments on the guidance, according to Reuters.
