Chairman Carr was "highly entertained" watching the whole sitch play out, 
telling reporters Talarico concocted a "hoax" which Steve and CBS fell for:
https://thehill.com/homenews/media/5743930-fcc-brendan-carr-cbs-colbert-talarico-interview/
 (link)
And opponent Rep. Crockett -- who has no love for Carr nor Bari Weiss -- 
thought it was "probably better that he didn't get on [the air] and that 
they went straight to streaming"... she saw it as "good strategy" given the 
admin's perceived attempts to stifle its critics:
https://thehill.com/homenews/campaign/5743323-crockett-talarico-colbert-cbs-interview-boost-texas-senate-race/
 (link)
B

PGage, to David Bruggeman, M-D November and Kevin M, Feb 18th:

Both are true.

There is a federal law: Title 47 U.S.C. § 315 which establishes the 
equal‑time requirement.

The FCC Is empowered to interpret relevant federal law and write rules or 
regulations. 

The current FCC regulation — 47 C.F.R. § 73.1941 — contains four exemptions 
to the Equal Status law:

1. bona fide newscasts
2. bona fide news interviews
3. bona fide news documentaries (incidental appearances)
4. on‑the‑spot coverage of bona fide news events

Late‑night shows have historically been treated as falling under the “bona 
fide news interview” exemption, this is what Colbert referred to.

The FCC has recently issued guidance to broadcasters that they should no 
longer assume late‑night or daytime talk shows qualify for the bona fide 
news interview exemption, and that stations must be prepared to justify the 
exemption on a case‑by‑case basis. This increases the likelihood (always a 
possibility) that appearances by candidates on entertainment talk shows may 
trigger equal‑time obligations.

The FCC has not issued a new formal rule, but has put stations on notice 
that the bar for justifying an exception to the Equal Time rule has been 
raised, which increases compliance risk. And of course it’s Brandon Carr 
who will ultimately decide whether or not any particular instance is 
justified.

In the past, the FCC has tended to be liberal with exceptions for late 
night shows in part, particularly to avoid the appearance of the federal 
government favoring one type of candidate over another. The current federal 
government is not constrained by those kinds of concerns.

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