A top federal lawmaker is warning the Federal Communications Commission (FCC) that its ongoing investigation into eight broadcast licenses held by the Walt Disney Company’s ABC could invite additional heat from Congress down the road.
In a filing submitted to the FCC this week, Representative Jamie Raskin of Maryland said the agency’s decision to require early renewal of the stations’ broadcast licenses “breaks from decades of practice” and raises serious constitutional concerns. He argued the move at least appears to use the commission’s licensing authority to scrutinize protected speech.
“The Commission’s extraordinary decision to require early renewal of eight Disney-owned ABC broadcast licenses breaks from decades of practice and causes severe constitutional problems by at least appearing to use the Commission’s licensing authority to censor protected speech,” Raskin wrote.
If the FCC continues with its politically-motivated probe into ABC and other broadcast entities, Raskin suggested lawmakers could take action to reign in the agency’s broad powers to regulate licensed radio and TV stations, he warned.
The warning escalates Democratic criticism of the proceeding, which has already drawn concern from FCC Commissioner Anna Gomez, the lone Democrat on the commission. Gomez has criticized the review as an improper use of the agency’s licensing authority.
FCC Chairman Brendan Carr kicked off the agency’s review of ABC last year when he criticized Disney for its purported use of diversity, equity and inclusiveness (DEI) programs in its hiring and promotional practices.
Disney denied any use of DEI programs violated any equal protection rules under federal law, and the company’s decision to use diversity elements in its hiring and promotional practices appeared to be in line with that of other major media companies over the past few years.
Despite soliciting and receiving materials from Disney about the matter, Carr directed the FCC’s Media Bureau to call home eight ABC-held broadcast TV licenses associated with local stations across the country, including those in major communities like New York City, Los Angeles, Philadelphia and Chicago.
The order required Disney to renew its TV licenses earlier than anticipated — some were not scheduled to expire for several years — and turned a typical rubber-stamp procedure into a punitive process.
Carr defended the matter as the agency increasing its regulatory scrutiny to curb insidious corporate behavior. Under federal rules, individuals and organizations holding broadcast licenses are expected to engage in fair business practices, follow all laws and must maintain a standing of good character, though the latter term is not defined.
Congress has long given the FCC considerable room to operate through independent judgment and determination, offering a bare legal framework for the agency’s commissioners to work through. Raskin said the commission was created to serve the public interest, not to act as a political tool, and characterized Carr’s targeting of broadcasters over the past years as motivated by the desires of President Donald Trump, who has long complained about unfair news coverage from ABC and criticized the network’s late night host Jimmy Kimmel.
Raskin also raised concerns about the timing of the FCC’s action. In a statement, he said the early renewal review was announced shortly after President Trump called for Kimmel to be fired over comments made on the network, despite Carr’s attempt to tie the probe into Disney’s purported use of DEI programs.
“The commission must reverse course and return administering the law with fairness, political neutrality, and fidelity to the principles that sustain both democratic government and a free press,” Raskin said.
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