Federal Communications Commission (FCC) Chairman Brendan Carr has accused Texas Senate candidate James Talarico of perpetuating a "hoax" by leveraging public misunderstanding of the Communications Act's "equal time" statute to generate online engagement and donations.
Talarico recently appeared on ABC's "Jimmy Kimmel Live!," but the interview was broadcast on YouTube, with Kimmel stating the FCC had "threatened" the network, preventing a traditional broadcast. The White House has since clarified that the FCC did not threaten Kimmel regarding the interview.
Carr addressed the situation on social media, responding to criticism that Talarico was relegated to YouTube while Sen. Ted Cruz, R-Texas, appeared on ESPN's "College Gameday." Carr explained that the equal time statute does not apply to cable networks like ESPN and does not prohibit interviews on broadcast television.
"It is about more speech, not less," Carr stated. "Congress wanted to ensure that voters would decide elections, not media gatekeepers picking winners and losers by providing preferential airtime to some candidates and not others. Indeed, when the statute applies, it simply requires broadcast stations to offer comparable time and placement. And comparable does not necessarily mean an interview by the same person on the same program either."
Carr further asserted that Talarico's actions mirror a previous instance during an appearance on "The Late Show with Stephen Colbert," suggesting the candidate is employing a tactic to "get clicks and donations—he’s banking on people not understanding the statute or operating as partisan lemmings."
In February, Talarico was interviewed by Colbert. That interview was also not aired on broadcast television but was instead posted to the show's YouTube channel. At the time, Colbert indicated that CBS had prevented the interview from airing live.
Carr elaborated on the distinction between broadcast and cable programming, noting that broadcasters receive free licenses to use public airwaves, a resource not available to cable or other media. In exchange for this exclusive access, broadcasters agree to operate in the public interest, adhering to specific rules and policies that differentiate them from newspapers, cable shows, and podcasts.
Kimmel's YouTube interview with Talarico has garnered over 9 million views on the platform. The Talarico campaign did not immediately respond to requests for comment.