The Federal Communications Commission’s (FCC) Media Bureau has issued guidance that could significantly affect how broadcasters handle appearances by political candidates on talk programs. In a Public Notice released in late January 2026, the Bureau reminded television—and potentially radio—broadcasters that appearances by candidates on non‑news talk shows may be subject to the FCC’s equal opportunities requirement, more commonly known as the equal time rule. This development marks a notable reinterpretation of long‑standing broadcast political rules and may prompt closer scrutiny of talk show content in the year ahead.
What the Public Notice Says
Under Section 315 of the Communications Act of 1934, broadcast stations that permit a legally qualified candidate for public office to use their facilities must offer comparable opportunities to all other candidates for the same office. Traditionally, “bona fide news” programs and certain structured interview formats have been exempt from this rule. Broadcasters have relied on interpretations of this exemption—such as a 2006 FCC Media Bureau decision about The Tonight Show with Jay Leno—to include talk shows and interview segments within the news exemption category.
However, the FCC’s latest guidance makes clear that not all talk shows qualify for the bona fide news exemption, especially if the program’s discussions are motivated by political or partisan purposes. The Bureau emphasizes that it has not seen evidence that the interview portions of currently airing daytime or late‑night talk show programs automatically qualify for the news exemption. Broadcasters are encouraged to file petitions for declaratory rulings if they believe a specific program genuinely meets the requirements for an exemption.
Which Programs Could Be Affected
Although the Public Notice is directed formally at broadcast television stations, its impact could potentially ripple across all broadcaster‑controlled programming, including talk and variety formats. Historically, programs such as late‑night talk shows and daytime talk shows have benefited from the assumption that candidate interviews fall under news exemptions. Now, the FCC cautions broadcasters not to assume such blanket exemptions. Instead, each program may need a precise analysis to determine whether it genuinely qualifies as a news interview based on editorial control, scheduling, and newsworthiness rather than political advocacy.
Equal Time Rule and Political Appearances Explained
The equal time rule’s purpose is to ensure fairness in political broadcasting by requiring broadcasters to make airtime available on similar terms to all legally qualified candidates seeking the same office. In practice, the rule applies when a candidate appears in a positive or neutral manner outside of strictly paid political advertising. The rule also includes provisions for how quickly opposing candidates must request equal opportunities—typically within a short window after the initial appearance—and how stations must document these uses in their public inspection files.
The bona fide news exemption has long provided relief from the rule when a program is genuinely editorial and news‑oriented rather than perceived as political promotion. Yet the FCC’s recent guidance suggests broadcasters should be cautious in categorizing talk shows that mix entertainment, commentary, and political guests as automatically news‑exempt.
Broadcaster and Industry Reactions
Industry reaction to the guidance has been mixed. Some broadcasters have expressed concern that the reinterpretation may complicate programming decisions and lead to increased regulatory burdens. Others argue that greater clarity around political content requirements helps ensure compliance and fairness in political coverage. Legal experts note that while the guidance doesn’t change the statutory law itself, it signals heightened FCC scrutiny on how exemptions are claimed and interpreted.
Critics of the move have also raised free speech and editorial independence concerns, warning that overly aggressive enforcement of equal time rules could chill political commentary or lead to regulatory overreach. Meanwhile, supporters argue that the guidance reinforces important fairness principles in political broadcasting and ensures that no candidate gains undue advantage through guest segments on talk programs.
What Broadcasters Should Do Next
For broadcasters and producers of talk and interview shows, the FCC’s guidance means careful analysis and documentation of candidate appearances will be more important than ever. Stations that believe a program qualifies for a news exemption should consider seeking a declaratory ruling from the FCC to formalize that status.
Additionally, stations should ensure that all political candidate appearances and related material are documented promptly in their public inspection files and that equal opportunity requirements are understood and integrated into programming decisions, particularly during election cycles.
As political content continues to be a central focus of broadcast regulation, this latest notice underscores the complexity of balancing editorial discretion with the legal requirements of fairness and equal access in political broadcasting.
