Like it or not, the FCC’s equal opportunity rule must be enforced

It is hard to imagine political broadcasting legislation passed by Congress in the primitive mass media days of 1934 would be causing a stir in today’s digital age.  

Section 315 of the Communications Act of 1934 was a well-intentioned law designed to make sure newfangled broadcast media would be used fairly in political elections. Private commercial broadcasters operate on publicly owned airwaves, so the idea was those broadcasters should provide “equal opportunity” for political candidates’ use of those stations. 

The law has been generally followed over the years with little controversy. An update to Section 315 was made in 1960 to exempt “bona fide” news programs from the requirements, a salute to journalistic judgement and independence. That exemption covered only news and public affairs programs, not comedy shows, gabfests or other content that sensible people would define as “entertainment.” 

The Federal Communications Commission recently tried to get ahead of upcoming controversies for the 2026 general election year. The FCC issued a public notice statement to broadcasters in January, detailing existing regulations and warning that non-news programming is not exempt from equal opportunity enforcement. 

It seems, however, that everything sparks controversy in this era of divisive political brawling. So, naturally, Section 315 is now a lightning rod for partisan argument.  

Last month’s fuss over Stephen Colbert’s “The Late Show” interview with Senate candidate James Talarico was an example of unnecessary Section 315 outrage. CBS lawyers advised Colbert against........

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