Democrats have introduced legislation to prohibit the FCC from revoking broadcast licenses or taking action against companies based on viewpoints aired on their stations.
The Broadcast Freedom and Independence Act states explicitly that the commission is an independent agency and must not use its authority to execute politically motivated attacks against licensees.
Democrats are worried that the commission under Chairman Brendan Carr could target specific broadcasters based on the views they express. Three senators wrote to Carr and Commissioner Nathan Simington last month saying the Republicans on the FCC appeared to be opening or reopening investigations into broadcast companies without evidence of wrongdoing “in what appears to be an attempt to intimidate broadcasters for political purposes.”
The new bill would seem to have no realistic chance of passage given that Republicans control both chambers of Congress and that the bill would have to be signed by President Trump to become law. But it is an effort by Democrats to amplify their concerns over the current direction of the FCC.
Sen. Ben Ray Luján N.M., ranking member of the Commerce Subcommittee on Telecommunications and Media, and Sens. Jacky Rosen (Nev.) and Edward J. Markey (Mass.) introduced the legislation. They said it would reaffirm the importance of the FCC and prevent the president from mandating its agenda. (Read the announcement.)
“The Trump administration’s weaponization of the FCC and intimidation of broadcast stations for political purposes is a serious threat to the First Amendment,” Luján said in the statement announcing the bill.
“The FCC and the president should not hold the power to revoke broadcasting licenses and censor free speech simply because they disagree with the viewpoints that are broadcasted.”
Reps. Doris Matsui (Calif.), Nanette Barragán (Calif.), and Jennifer McClellan (Va.) introduced companion legislation in the House.
“This bill has no effect on the FCC’s authority to take action on violations explicitly outlined in other sections of the Communications Act, including with regard to obscenity, lottery, fraud or incitement under the First Amendment,” according to the statement.
The bill also would prohibit the FCC from placing conditions on the approval of transactions based on viewpoints that are disseminated.
The legislation is supported by the American Civil Liberties Union, Public Knowledge and Free Press Action, according to the release.
