Disney and ABC have accused the Federal Communications Commission (FCC) of using the license renewal process to avoid judicial scrutiny and apply pressure against the network. This issue began when Disney sued the FCC in August, claiming the agency engaged in a retaliatory campaign against ABC during early broadcast license renewal proceedings for eight ABC-owned stations. The FCC requires these stations to prove they are operating in the public interest as it examines diversity, equity, and inclusion (DEI) practices.
In a recent filing, Disney argues that the FCC could have employed alternative methods to investigate its DEI practices without pushing stations to renew licenses ahead of schedule. Disney believes this action was intended to bypass legal review. The filing states, “These are not merely ‘theoretical’ tools; they have been used by the agency for decades. Yet the agency tried none of those less intrusive tools here, instead taking the unprecedented step of calling for early license renewal of all eight ABC-owned stations at once.” The filing suggests that this move was a deliberate attempt to avoid judicial review and exert pressure on the media company.
During a court hearing, the FCC was directed to provide a supplemental filing on alternative strategies the agency might have used. The FCC indicated that different methods would have necessitated federal court enforcement. Disney’s filing points to this admission as evidence that the FCC aims to avoid judicial oversight.
FCC spokesperson Adam Jackman dismissed Disney’s claims, stating that Disney has filed an unfounded case and that the law requires broadcasters to comply with regulatory obligations. He emphasized that the FCC will continue to enforce these obligations.
Disney and ABC assert that the FCC’s investigations are retaliatory, stemming from criticism of President Donald Trump by ABC programs and hosts, such as Jimmy Kimmel. The FCC has also started investigating ABC’s program “The View,” focusing on adherence to equal opportunity requirements. Disney maintains that “The View” is an exempted bona fide news program.