Trump's intensifying warnings of revoking broadcast licenses spark apprehension throughout the sector
Over the past two years, Trump has consistently advocated for disciplinary action against major American television news networks, as per CNN's examination of his speeches and social media posts. He has repeatedly hinted at the government's ability to revoke broadcast licenses due to their control of airwaves. This sentiment has been expressed towards CBS, ABC, NBC, and even Fox, typically in response to interview queries he dislikes or programming he disapproves of.
Trump's vitriol towards CBS has been particularly pronounced lately. He has been vocal about his discontent with "60 Minutes" for editing its interview with Vice President Kamala Harris. Despite the program's declaration on Sunday that his assertions are untrue, Trump continued to reference it on the campaign trail the following day, his legal team also sending a menacing letter to CBS.
During a conversation with right-wing podcaster Dan Bongino last week, Trump stated, "It's so bad they should lose their license, and they should take '60 Minutes' off the air."
Contrary to popular belief, national networks like CBS do not possess broadcast licenses. However, local stations do, and the FCC (Federal Communications Commission), which grants eight-year license terms, can intervene in these situations. Andrew Jay Schwartzman, a public interest lawyer, mentioned that the licensing process is so complex that no license renewal could be denied before the conclusion of a hypothetical second Trump term.
Despite this, Trump's tirades have left some TV industry executives concerned about potential retaliation if he regains power. In response to CNN's request for comment, the National Association of Broadcasters, which represents American TV and radio operators, criticized Trump's rhetoric for impinging upon First Amendment freedoms.
Many of Trump's threats conflate national networks and local stations. Recently, he has targeted CBS, but in the past, he has accused ABC of misconduct after being fact-checked during a debate with Harris, suggesting "they ought to take away their license" as punishment. Previously, he criticized NBC and CNN, saying, "they should have their licenses or whatever they have taken away."
CNN, being a cable network, is not subject to FCC licensing like broadcast stations. Trump also mixed up broadcast and cable while attacking another cable news network, MSNBC, in November 2023. He accused MSNBC of "using FREE government approved airwaves... for purposes of ELECTION INTERFERENCE." However, MSNBC does not utilize those airwaves; only NBC's local stations do.
Following ABC's hosting of a presidential debate in September, Trump claimed, "people are saying that Comrade Kamala Harris had the questions from Fake News ABC." Despite no evidence supporting this claim and Harris's widely-acknowledged victory in the debate, Trump voiced his displeasure on Truth Social. He referenced Disney Entertainment co-chairman Dana Walden's relationship with Harris and suggested "if she did give the questions to Kamala, ABC's license should be TERMINATED."
Two sources with knowledge of the matter stated that Walden dismissed Trump's message, but others at ABC found it bothersome and baffling. One source commented, "He was our president, and he doesn't even know how licenses work."
As president, Trump advocated for challenging and potentially revoking broadcast licenses, but no action was taken. Ajit Pai, the FCC chairman at the time, responded by stating that the agency lacked the authority to abolish a broadcast station's license based on a specific news broadcast.
Pai, now in private practice, declined to comment on Trump's recent threats. However, current FCC commissioner Nathan Simington, a Republican appointed by Trump in 2020, has suggested the agency should investigate alleged "news distortion" by "60 Minutes."
The FCC is currently controlled by Democrats. FCC chair Jessica Rosenworcel has repeatedly denounced Trump's statements.
"While the FCC has the authority to issue television and radio licenses, it is fundamentally important that we do not strip them away because a political candidate disagrees with or dislikes any kind of content or coverage," Rosenworcel said this week to NPR.
And Trump's complaints revolve around content. In January 2023, he wrote on Truth Social, "FAKE NEWS SHOULD NOT BE ALLOWED TO 'STINK UP' OUR AIRWAVES!" In October 2023, he questioned why CBS should "get free public airwaves" for a "highly partisan" episode of "60 Minutes." In July of this year, he scolded Fox News, writing, "STOP PUTTING ON THE ENEMY!"
Trump has pledged to bring the FCC back under direct presidential control, an action that would likely ignite legal fights. The commission currently functions autonomously, with both Democratic and Republican commissioners on board, and politicians from both parties have traditionally supported existing license holders. As Schwartzman pointed out, "Years of regulatory manipulation have led to court rulings that heavily favor current license holders." Furthermore, some might argue that targeting broadcasters isn't exactly a career-enhancing move after leaving the FCC.
First Amendment attorney Ted Boutrous, who defended CNN in a 2018 lawsuit filed against Trump when journalist Jim Acosta's press pass was revoked, warned that Trump's statements should be taken seriously.
"At this stage, I wouldn't rule out anything from Donald Trump and his dedicated followers," Boutrous said. "He attempted to withdraw White House press passes from reporters he disliked earlier and sought to manipulate the Voice of America into being his personal worldwide broadcasting system."
If Trump manages to obtain a majority of his appointees to control the FCC, Boutrous stated, "There's no telling the extent of the harm they could inflict on press freedom and the capacity of networks and their affiliates to distribute news and factual information to the American public."
Rosenworcel – whose tenure at the FCC concludes in June next year – echoed similar sentiments in her interview with NPR recently. Regarding Trump's licensing threats, she stressed, "We can't allow this to become typical. To preserve a constitutional democracy, you must stand up for it."
Trump's discontent with CBS extends beyond its main network, as he also criticized local CBS stations for airing "60 Minutes," suggesting that their broadcast licenses should be revoked if they continue to air content he disapproves of. In response to Trump's threats, the National Association of Broadcast Executives expressed concern about potential retaliation if Trump regains power, stating that his rhetoric impinges upon First Amendment freedoms.
