On January 21, 2026, the FCC’s Media Bureau released a Public Notice providing new guidance on how it will evaluate whether broadcast television stations have triggered an obligation to provide “equal opportunities” to political candidates under Section 315 of the Communications Act.  

The FCC’s equal opportunities rule generally says that if a station gives one legally qualified candidate free airtime, it usually has to offer comparable airtime to the other candidates running for the same office unless an exemption applies. To avoid discouraging general news coverage, Congress created several exemptions to this rule—one of the most commonly used being the exemption for bona fide news interviews.  In its new guidance, the FCC signals a more restrictive view of the bona fide news exemption, particularly in the context of late‑night shows, daytime talk shows, and other hybrid news‑entertainment formats.

Background

Section 315(a) of the Communications Act requires that when a legally qualified candidate for public office —a candidate who has publicly announced an intention to run and meets applicable ballot‑qualification requirements—makes a “use” of a broadcast station’s facilities, the station must offer “comparable time and placement” to all other legally qualified candidates for the same office. A “use” is defined broadly and generally includes any on‑air appearance by a candidate, whether during a news segment, cameo, comedy bit, or other entertainment feature unless an exemption applies.

In addition, when a broadcaster provides free airtime to a candidate, it must promptly upload a record of that airtime to its online political file. This disclosure enables opposing candidates to determine whether they are entitled to equal opportunities.

Congress carved out four types of programming that do not trigger equal opportunities obligations:

1. Bona fide newscasts
2. Bona fide news interviews
3. Bona fide news documentaries (where a candidate’s appearance is incidental)
4. On‑the‑spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto)

Historically, the FCC has interpreted these exemptions broadly. Over several decades, the agency found that interviews of political candidates on entertainment programs such as Entertainment Tonight and The Tonight Show with Jay Leno qualified as bona fide news interviews and thus were not subject to equal opportunity obligations.

Suggesting a Narrower Interpretation of the Bona Fide News Interview Exemption

The Media Bureau’s new Public Notice underscores that the agency is now taking a narrower approach. While a Public Notice cannot overturn prior rulings or formally change the Commission’s interpretation of a rule, the Notice emphasizes that earlier decisions were program‑specific and fact‑specific, and should not be interpreted as blanket determinations for all similar programs. In other words, broadcasters should not assume that late‑night or daytime talk shows currently on air automatically qualify for the bona fide news exemption.

Notably, the Media Bureau’s notice states that it has seen no evidence that any interview segment on any late‑night or daytime talk currently on air today would qualify for a bona fide news interview exemption.

The Public Notice reiterates that, to qualify as a bona fide news interview:

• The program’s decisions about format, content, and guests must be driven by legitimate news judgment; and
• The program must not be motivated by partisan purposes or designed to advantage or disadvantage any candidate.

The Public Notice quotes longstanding precedent: a program “designed for the specific advantage of a candidate” cannot qualify for an exemption—regardless of its format or resemblance to previously exempted programming.

In a statement issued the same day as the Public Notice, Commissioner Anna Gomez criticized the Notice and emphasized that the FCC has not adopted any “new regulation, interpretation, or Commission-level policy altering the long-standing news exemption or equal time framework.”  She also expressed concern that the Notice would chill speech. 

In contrast, FCC Chairman Carr described the Notice as a reminder to the industry—broadcast networks in particular—of statutory obligations, also posting on social media that “while some may have been ignoring or misreading the law in recent years, enforcing the statute passed by Congress is not weaponization”

Practical Implications

Although the Public Notice does not change the underlying rules, its tone and framing indicate a clear expectation of tougher scrutiny by current FCC leadership.  The Notice can be expected to cause broadcasters to reassess how they handle candidate appearances on talk shows, news magazine programming, or the like. 

The Public Notice explicitly encourages stations to use the declaratory ruling process when faced with uncertainty—though the outcome, of course, will depend on the Commission’s judgment based on the specific facts presented.