The Federal Communications Commission is moving to tighten enforcement of the “equal opportunities” rule, signaling that daytime and late-night talk shows could face new scrutiny if they regularly feature political candidates without offering the same chance to opponents.
In guidance announced Wednesday, the FCC urged the three major broadcast networks to comply with the statutory equal-time requirement under the Communications Act of 1934—specifically calling out the role of late-night and daytime talk programs.
“Under section 315, if a broadcast station permits any legally qualified candidate for public office to use its facilities, it shall provide an equal opportunity to all other legally qualified candidates for that office,” the FCC said in its release.
For decades, many programs leaned on a “bona fide” news exemption, which can allow interviews and appearances without triggering equal-time obligations. But the FCC now says it has not seen proof that the interview segments of current late-night or daytime talk shows meet that standard.
The agency added that programming driven by partisan intent would not qualify for the exemption under long-standing FCC precedent. Networks or stations seeking certainty, the FCC said, should file a petition for a declaratory ruling showing why the exemption should apply.
FCC Chair Brendan Carr reinforced the message on X, arguing that networks have treated these shows as news-like formats even when the content is politically tilted. The FCC, he wrote, is reminding broadcasters of their obligation to give all candidates equal opportunities.
The announcement could have immediate implications for high-profile shows across the major networks, including ABC’s “The View” and “Jimmy Kimmel Live!,” NBC’s “Late Night with Seth Meyers,” and CBS’ “The Late Show with Stephen Colbert,” which has been canceled but is expected to remain on-air until May.
The FCC’s push comes amid growing criticism over guest balance on major talk platforms. A recent study from the Media Research Center, cited in the coverage, claimed “The View” featured 128 liberal guests across 2025 while inviting only two conservatives.
Those two conservatives, according to the study, were actress Cheryl Hines—wife of HHS Secretary Robert F. Kennedy Jr.—and former Rep. Marjorie Taylor Greene, R-Ga.
The same report also argued that prominent late-night hosts have consistently provided airtime to Democratic figures while offering little to no comparable access for Republicans—an imbalance the FCC now appears poised to treat as more than just an editorial choice when candidates are involved.
