Key facts
- The FCC is seeking to dismiss Disney's lawsuit concerning the broadcast licenses of its eight ABC-owned stations.
- Disney alleges the FCC's early license review is an act of political retribution.
- The FCC claims the lawsuit would impede its investigation into alleged unlawful discrimination by Disney.
- The FCC initiated the review of ABC station licenses years before they were set to expire.
- The FCC is expected to make a determination on the licenses next month, potentially requiring a hearing.
The Federal Communications Commission (FCC) has asked a U.S. judge to dismiss a lawsuit filed by Disney, which seeks to prevent the agency from conducting an early review of broadcast licenses for eight ABC-owned stations. The FCC argues that if Disney's lawsuit were successful, it would hinder the commission's ability to investigate and resolve serious allegations of unlawful discrimination against Disney.
Disney, in a 109-page filing, accused the FCC of engaging in political retribution and waging a campaign against the network. The company stated that the FCC's actions, including demanding Disney defend its broadcast licenses years before they were due to expire, set a dangerous precedent and signaled to other media companies that they must "accommodate the Administration’s view of what news coverage should look like or pay the price." Disney's attorneys cited the FCC's review of "The View" exemption as part of this alleged retaliation, noting that the FCC had not called for an early license review in over 50 years.
The FCC, however, defended its inquiry, stating that broadcasters are legally required to operate in the public interest and not for partisan gain. The agency spokesperson indicated that the FCC would hold broadcasters accountable to the full extent of the law. The FCC launched its review in late April, shortly after President Trump criticized ABC following a joke made by comedian Jimmy Kimmel about Trump's health and First Lady Melania Trump. The commission is expected to make a determination next month, which could involve a hearing before the commission or an administrative law judge.