FCC Narrows Equal Time Exemption for Talk Show Interviews
Event Reviewed Automatically reviewed for factual accuracy, tone, and neutrality. Review does not check claims against cited sources. Last reviewed 20 October 2026.FCC Media Bureau guidance says late-night and daytime talk shows cannot assume the bona fide news interview exemption applies to them.
On January 21, 2026, the FCC’s Media Bureau issued guidance stating it had “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” from the Section 315 equal time rule.
The rule requires broadcast stations that give airtime to one candidate for public office to provide equivalent time to opposing candidates. Programs treated as bona fide news interviews are exempt. Since a 2006 Media Bureau ruling that the interview portion of “The Tonight Show with Jay Leno” qualified, late-night and daytime talk shows had been assumed to fall within that exemption; the guidance withdrew the assumption, leaving each program to establish its own qualification, and encouraged any program seeking formal assurance to petition the FCC for a declaratory ruling.
The notice said the equal opportunities rules keep broadcast stations, which use public spectrum, from “unfairly putting their thumbs on the scale” for one candidate, and that a program motivated by partisan purposes would not qualify for an exemption. Republican FCC Chairman Brendan Carr said networks had assumed their talk shows qualified as bona fide news programs “even when motivated by purely partisan political purposes,” and that the FCC had “reminded them of their obligation to provide all candidates with equal opportunities.” Democratic Commissioner Anna Gomez described the move as “an escalation in this FCC’s ongoing campaign to censor and control speech.”
Talarico interview on “The Late Show”
On February 16, 2026, Stephen Colbert said on “The Late Show” that CBS lawyers had told the show “in no uncertain terms” that Texas state Rep. James Talarico, a candidate in the Texas U.S. Senate Democratic primary, could not appear on the broadcast. He posted his interview with Talarico to YouTube instead; the equal time rule reaches broadcast stations rather than online distribution. CBS, a unit of Paramount, said the next day that the show had not been “prohibited” from broadcasting the interview, describing what it provided as “legal guidance” and “options for how the equal time for other candidates could be fulfilled.” On his broadcast that night, Colbert disputed that account, saying CBS had “unilaterally told me that I had to abide by the equal time rules.”
Sources
- 01.
Federal Communications Commission. FCC's Media Bureau Provides Guidance on Political Equal Opportunities Requirement for Broadcast Television Stations, Public Notice, DA 26-68. (2026). The Media Bureau guidance itself, released 21 January 2026 (41 FCC Rcd 301); read from the FCC PDF. Source for the release date, the quoted 'not been presented with any evidence' sentence, the section 315 equal opportunities requirement and its bona fide news exemptions, the 2006 Media Bureau ruling that the interview portion of 'The Tonight Show with Jay Leno' qualified (cited as Angelides, 21 FCC Rcd 11919 (MB 2006)), the statement that such rulings are fact-specific and limited to the program reviewed, with programs encouraged to petition for a declaratory ruling, and the notice's stated rationale: that the rules keep broadcast stations, given access to public spectrum, from 'unfairly putting their thumbs on the scale' for a candidate, and that a program motivated by partisan purposes would not qualify for an exemption.
- 02.
Reuters. Late-night and daytime talk shows must offer equal time for candidate interviews, FCC says. (2026). Published 21 January 2026. Source for FCC Chairman Brendan Carr's statement that networks had assumed their talk shows qualified as 'bona fide news' programs 'even when motivated by purely partisan political purposes' and that the FCC had 'reminded them of their obligation to provide all candidates with equal opportunities', and for Democratic Commissioner Anna Gomez's statement calling the guidance 'an escalation in this FCC's ongoing campaign to censor and control speech'. Also dates the Leno ruling to 2006, matching DA 26-68.
- 03.
Weissert, W. & Long, C. (2024). Trump names Brendan Carr, senior GOP leader at FCC, to lead the agency. Boston.com. Source for Brendan Carr being a Republican: the article describes him as 'the senior Republican on the Federal Communications Commission' when Trump named him chairman.
- 04.
Associated Press. Stephen Colbert says CBS lawyers pulled James Talarico interview as early voting begins in Texas. (2026). AP story published 17 February 2026, read in syndication on WKMG. Source for Colbert saying on the 16 February broadcast that CBS lawyers had told the show 'in no uncertain terms' that Talarico could not appear; for Talarico being a Democratic Texas state representative running in the Democratic primary for U.S. Senate; and for Colbert posting the nearly 15-minute interview on YouTube because online material is not subject to the equal-time rule.
- 05.
CNN. Colbert says CBS scrapped his James Talarico interview after Trump FCC's threats. (2026). CNN story first published 17 February 2026 (cnn.com/2026/02/17/media/colbert-talarico-cbs-trump-fcc), read in its updated syndicated version on ABC 17 because cnn.com was not reachable. Source for Colbert's 'in no uncertain terms' account on Monday 16 February; for CBS's statement on the afternoon of 17 February that the show 'was provided legal guidance', was not 'prohibited' from broadcasting the interview, and was 'presented options for how the equal time for other candidates could be fulfilled'; for Paramount being CBS's parent company; and for Colbert saying on his show that night that 'CBS unilaterally told me that I had to abide by the equal time rules'.
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