FCC launching probe into ABC's 'The View' amid crackdown on equal time for candidates

FIRST ON FOX—The Federal Communications Commission (FCC) is launching a probe into ABC's "The View" amid the agency's crackdown on equal time for political candidates, Fox News Digital has learned.

Last month, the FCC announced it will require the broadcast networks to adhere to the "statutory equal opportunities requirement," citing the Communications Act of 1934, "including their airing of late-night and daytime talk shows."

A source at the FCC tells Fox News Digital that Monday's "View" appearance of Texas Democratic Senate candidate James Talarico triggered the probe. Talarico was among the first political candidates to appear on "The View" since the FCC announced its crackdown.

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There has been a longstanding "bona fide" exception for news programming that wouldn't require equal time for an opposing candidate, but the FCC now says it "has not been presented with any evidence that the interview portion of any late night or daytime television talk show program on the air presently would qualify for the 'bona fide' news exemption."

ABC's parent company Disney never made an equal-time filing to the FCC regarding Talarico's recent appearance, which would implicitly indicate to the FCC that Disney believes "The View" is bona fide news and would be exempt from the policy, the source said.

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The equal opportunity requirement applies to all legally filed candidates on a ballot regardless of political party, meaning all eligible Democratic primary candidates would require equal time. Notably, Talarico received roughly nine minutes of airtime in one segment while his top primary rival, Texas Rep. Jasmine Crockett, had roughly 17 minutes of airtime across three segments during her appearance on "The View" last month.

Crockett's appearance came before the FCC announced its policy enforcement.

The source noted that not only would ABC require equal airtime for Republican candidates on the ballot like incumbent Republican Texas Sen. John Cornyn and his primary rivals, it would also apply to Ahmad Hassan, the little-known candidate running against Talarico and Crockett in the Democratic primary.

"Fake News is not getting a free pass anymore," the source told Fox News Digital.

A representative for ABC News did not immediately respond to Fox News Digital's request for comment.

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In a recent interview with Fox News Digital, FCC Chairman Brendan Carr defended the policy push, stressing that the law he's enforcing "goes back to the 1950s."

"On my watch, we're going to enforce this regulation," Carr said.

Carr indicated that candidates don't necessarily have to appear on the exact programs in order for the networks to adhere to the policy, meaning they could either appear on a news program or the network can air their campaign ads as a supplement.

Late-night hosts Jimmy Kimmel and Stephen Colbert have lashed out at the policy push. Kimmel called it a "threat" while Colbert accused the FCC of trying to "silence" him and his liberal colleagues.