How about if they play saxophone while on the show, does that make it entertainment rather than news?
/Doug [email protected] On Wed, Feb 18, 2026, 16:39 PGage <[email protected]> wrote: > Both are true. > > There is a federal law: Title 47 U.S.C. § 315 which establishes the > equal‑time requirement. > > The FCC Is empowered to interpret relevant federal law and write rules or > regulations. > > The current FCC regulation — 47 C.F.R. § 73.1941 — contains four > exemptions to the Equal Status law: > > 1. bona fide newscasts > 2. bona fide news interviews > 3. bona fide news documentaries (incidental appearances) > 4. on‑the‑spot coverage of bona fide news events > > Late‑night shows have historically been treated as falling under the “bona > fide news interview” exemption, this is what Colbert referred to. > > The FCC has recently issued guidance to broadcasters that they should no > longer assume late‑night or daytime talk shows qualify for the bona fide > news interview exemption, and that stations must be prepared to justify the > exemption on a case‑by‑case basis. This increases the likelihood (always a > possibility) that appearances by candidates on entertainment talk shows may > trigger equal‑time obligations. > > The FCC has not issued a new formal rule, but has put stations on notice > that the bar for justifying an exception to the Equal Time rule has been > raised, which increases compliance risk. And of course it’s Brandon Carr > who will ultimately decide whether or not any particular instance is > justified. > > In the past, the FCC has tended to be liberal with exceptions for late > night shows in part, particularly to avoid the appearance of the federal > government favoring one type of candidate over another. The current federal > government is not constrained by those kinds of concerns. > > > > Sent from Gmail Mobile > > > On Wed, 18 Feb 2026 at 10:08 AM 'David Bruggeman' via TVorNotTV < > [email protected]> wrote: > >> Equal Time is covered under Title 47, U.S. Code Section 315 (referred to >> as 'equal opportunities' in the text). >> >> https://www.law.cornell.edu/uscode/text/47/315 >> >> There could be FCC regulations/rules associated with this, but I haven't >> had time this morning to review the Code of Federal Regulations. The use >> of rule in common discussions on this subject may be colloquial rather that >> strictly regulatory. >> >> David >> >> On Wednesday, February 18, 2026 at 09:53:30 AM PST, M-D November < >> [email protected]> wrote: >> >> >> Question, because this was a point of contention on CNN's >> ShoutyTable...er, NewsNight last night - is Equal Time a *law*, or just >> an FCC rule? One of the conservative panelists (who looked like he came >> out of central casting for a mid-90s Scorsese gangster film) kept insisting >> that it's a *law*, but is it? >> >> On Wednesday, February 18, 2026 at 1:06:52 AM UTC-5 Kevin M. wrote: >> >> The law and the precedent are both on the side of broadcasting the >> interview. The only reason not to is because Federal law has been hobbled. >> >> https://www.bbc.com/news/articles/cze0dk3yd5eo >> >> >> Kevin M. (RPCV) >> >> >> -- >> You received this message because you are subscribed to the Google Groups >> "TVorNotTV" group. >> To unsubscribe from this group and stop receiving emails from it, send an >> email to [email protected]. >> To view this discussion visit >> https://groups.google.com/d/msgid/tvornottv/780571375.1221039.1771438082099%40mail.yahoo.com >> <https://groups.google.com/d/msgid/tvornottv/780571375.1221039.1771438082099%40mail.yahoo.com?utm_medium=email&utm_source=footer> >> . >> > -- > You received this message because you are subscribed to the Google Groups > "TVorNotTV" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to [email protected]. > To view this discussion visit > https://groups.google.com/d/msgid/tvornottv/CAKGtkY%2BN9CDsA0s9vJT5B-ej-7ES1BArXdFS%3DqwsgjTMD8EobQ%40mail.gmail.com > <https://groups.google.com/d/msgid/tvornottv/CAKGtkY%2BN9CDsA0s9vJT5B-ej-7ES1BArXdFS%3DqwsgjTMD8EobQ%40mail.gmail.com?utm_medium=email&utm_source=footer> > . > -- You received this message because you are subscribed to the Google Groups "TVorNotTV" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To view this discussion visit https://groups.google.com/d/msgid/tvornottv/CAK5Q1BqShN%2BEhi1EpVJR_-W97pi56PzO7p1Gjj79KOE%2Bztzv3g%40mail.gmail.com.
