The Federal Communications Commission said on Wednesday that interviews with political candidates during broadcast late-night or daytime talk shows appear not to qualify for the exemption from "equal time" rules for rival political candidates.
In 2006, the FCC's Media Bureau determined the interview portion of "The Tonight Show with Jay Leno" qualified for the equal opportunity exemption for a discussion with then-California Gov. Arnold Schwarzenegger, which networks have relied on as a precedent for recent interviews with political candidates.
The FCC said Wednesday the networks should not rely on that 2006 decision, adding the agency "has 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 an exemption.
The FCC added that any program or station seeking to obtain formal assurance that the equal opportunity requirement does not apply should "promptly file a petition for a declaratory ruling."
The FCC Media Bureau said in its guidance Wednesday it "encourages all television broadcast stations to ensure that they are making all appropriate equal opportunity filings."
The major networks did not immediately respond to requests for comment.
Shortly after being designated chair by President Donald Trump, FCC Chair Brendan Carr reinstated a complaint against Comcast-owned NBC for letting then-Vice President Kamala Harris appear on "Saturday Night Live" just before the election.
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