ABC Accused by FCC of Using Investigation to Exert "Maximum Coercive Pressure" on Network

Disney's latest filing on Monday accused the FCC of using early license renewal to dodge judicial review and coerce ABC.

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Disney and ABC accused the FCC on Monday of using the license renewal process to circumvent "judicial review" and apply "maximum coercive pressure" against the network and the company.

Disney first sued the FCC in August for what it claimed was a "retaliatory campaign against ABC" in connection with the agency's early license renewal process for eight ABC-owned stations earlier this year. According to the FCC, stations must demonstrate that they are acting in the public interest as the agency reviews diversity, equity and inclusion (DEI) practices.

However, in Disney's most recent filing, the company argued that the FCC could have used "a number of different tools" to investigate Disney and ABC's DEI practices that did not include forcing the stations to renew their licenses years ahead of schedule, suggesting it was done to avoid legal scrutiny.

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"These are not merely 'theoretical' tools ... they have been used by the agency for decades," the filing states. "Yet the agency tried none of those less intrusive tools here, instead taking the unprecedented step of requesting early license renewals for all eight ABC-owned stations simultaneously. The defendants' own admissions leave no doubt as to the motive—the defendants sought to exert maximum coercive pressure on the media. The company the government sought to prevent from speaking while deliberately evading judicial review."

Disney cited a court hearing last week in which the FCC was ordered to file a supplemental case on alternative methods the agency could have used. During the hearing, the FCC suggested that additional procedures should require federal court enforcement.

"That Defendants openly describe judicial review as a barrier demonstrates what Plaintiffs have always said: shielding their illegal campaign against ABC from judicial review is part of Defendants' retaliatory strategy," the filing states.

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"Disney's latest case just confirms that they filed a frivolous case in the wrong court at the wrong time," Jackman said. "They are asking the district court to prevent the FCC from even addressing whether Disney has met its long-standing obligations as a broadcaster. The law does not allow that. The FCC will continue to hold broadcasters accountable to its regulatory obligations."

Disney and ABC have repeatedly attacked the FCC's investigations into the company as retaliation against shows and hosts who criticize President Donald Trump, such as last night's host Jimmy Kimmel.

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In addition to further license renewals, the FCC has opened an investigation into ABC's daytime talk show "The View" based on the agency's request that broadcast stations comply with an equal opportunity provision that states opposing political candidates receive equal airtime. Disney claims that "The View" is a "real news" program that is exempt from this rule.

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