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After Jimmy Kimmel’s Suspension, FCC Chair Raises Equal-Time Questions About The View

After ABC suspended Jimmy Kimmel Live!, FCC Chair Brendan Carr said the agency could examine whether The View qualified for the equal-time rule’s news exemption. Here’s the timeline, the rule and the status of the dispute.
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FCC Chair Brendan Carr did not announce a penalty against ABC’s The View when he spoke about the show in September 2025. He said the FCC could examine whether it qualified for the broadcast equal-time rule’s exemption for bona fide news programs, and told broadcasters who objected to enforcement that they could turn in their licenses. In February 2026, Carr said an enforcement action concerning the show was underway over possible equal-time violations. The available reporting does not establish a final decision.

What happened, and when?

  1. September 15, 2025: In a monologue about reactions to Charlie Kirk’s killing, Jimmy Kimmel said that many in “MAGA land” were working to capitalize on the murder, according to the Associated Press. (Associated Press report)
  2. September 17: Nexstar said it would preempt Jimmy Kimmel Live!, and ABC announced that the show was suspended indefinitely. ABC’s announcement did not cite a reason for the preemption, and the reporting does not establish that a single factor caused the network’s decision. (Associated Press report)
  3. September 18: In an interview with Scott Jennings, Carr discussed whether the FCC should examine The View and other programs’ eligibility for the bona fide news exemption. He also said broadcasters could turn in their licenses if they opposed FCC enforcement. (Ars Technica’s account of the interview)
  4. February 2026: Carr told reporters that an FCC enforcement action concerning The View was underway over possible equal-time violations related to candidate appearances. (Associated Press report)
  5. June 2026: ABC urged viewers to comment against FCC scrutiny. In its filing, ABC argued that a 2002 declaratory ruling had granted The View a bona fide news exemption and remained effective. That is ABC’s legal position, not an adjudicated outcome. (Ars Technica’s report on ABC’s filing)

What did Carr say about The View?

Carr said it was worth examining whether The View and similar programs still qualified for the exemption from the equal-time rule. Ars Technica quoted him saying, “I think it’s worthwhile to have the FCC look into whether The View and some of these other programs you have still qualify as bona fide news programs.”

He also made a pointed comment to broadcasters who objected to enforcement: “can turn your license in to the FCC, we’ll find something else to do with it.” Both remarks were made in the September 18, 2025 interview. They were public comments by the FCC chair—not, by themselves, a formal penalty or final agency ruling.

What is the equal-time rule, and who does it cover?

The broadcast Equal Opportunities Rule applies to FCC-licensed broadcast stations. As Carr described it in the interview, when a legally qualified candidate receives an opportunity to use a station during an election period, opposing candidates may be entitled to equal opportunity. The rule has exemptions for bona fide news programming, including qualifying newscasts and interview programs. The dispute involves whether The View qualifies for that exemption.

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The distinction between a station and a program matters. A licensed broadcast station is subject to the rule; distribution of a program over streaming services or the internet is not itself covered by this broadcast provision, according to the Associated Press. (Associated Press report)

What are ABC and the FCC arguing?

Issue Carr’s reported position ABC’s reported position
Exemption The FCC should examine whether The View remains eligible for the bona fide news exemption. (Ars Technica) ABC argued in its 2026 filing that a 2002 declaratory ruling granted the show an exemption and that it remains in effect. (Ars Technica)
Procedural status In February 2026, Carr said an enforcement action concerning possible equal-time violations was underway. (Associated Press) ABC’s filing and call for public comments express its challenge to scrutiny; they do not establish how the FCC or a court will decide the matter. (Ars Technica)

The core question is whether the prior exemption applies to the current dispute and whether the FCC can establish a violation. The reports cited here do not establish a final agency or court decision.

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Why did a senator object?

In a September 18, 2025 statement, Senator Maria Cantwell, then ranking member of the Senate Commerce Committee, criticized Carr’s approach, saying: “FCC Chairman Brendan Carr does not have the authority to police speech that he or the President don’t personally like.” The statement reflects Cantwell’s criticism; it is not a ruling on the FCC’s authority or the merits of the equal-time dispute. (Senate Commerce Committee statement)

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