Comment to the FCC Regarding the Renewal of Certain Broadcast Licenses of the Walt Disney Company
The Federal Communications Commission opened a proceeding involving Disney’s ABC-owned broadcast stations, questioning whether additional review is warranted in connection with the stations’ renewal applications. The proceeding arises amid concerns that Disney/ABC's employment practices improperly considered protected characteristics such as race in hiring, promotion, or other workplace decisions. Because broadcast licensees are subject to neutral employment nondiscrimination and Equal Employment Opportunity (EEO) obligations, the FCC may examine whether the relevant licensees complied with those rules as part of the renewal process.
The Manhattan Institute filed a comment urging the FCC to develop a station-specific record on those employment-compliance issues. The comment does not ask the FCC to punish Disney or ABC for its programming, editorial judgment, political views, or news coverage. Instead, it asks the Commission to verify compliance with preexisting nondiscrimination obligations that apply to broadcasters regardless of viewpoint.
The comment explains that review should focus on the ABC-owned stations and their licensees, including station-level EEO compliance, public-file materials, renewal certifications, and any record evidence bearing on whether employment decisions complied with federal nondiscrimination requirements. It also anticipates Disney/ABC’s likely First Amendment objection, explaining that a neutral employment-compliance inquiry doesn’t require the FCC to evaluate programming content or viewpoint.
The bottom line is that the FCC shouldn’t treat the renewal applications as complete until it has a station-specific record sufficient to assess whether the relevant Disney/ABC licensees complied with their employment nondiscrimination obligations. The comment suggests that the FCC take a narrower, more defensible path by focusing on employment-law compliance rather than programming disputes.
Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.
With thanks to law school associate Addison Gills
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