When Laws and Politics Clash: A Senate Hearing Gets Heated

FCC Chairman Brendan Carr and Senator Jacky Rosen Clash Over Media Regulation

A recent Senate hearing intended to discuss media regulation unexpectedly turned into a lesson in basic media law. The event featured an intense exchange between FCC Chairman Brendan Carr and Senator Jacky Rosen.

The FCC's Current Investigations

Carr, who leads the Federal Communications Commission (FCC), has been actively involved in several high-profile investigations. His agency is currently examining major media companies such as ABC, CBS, and NBC. The investigations cover various aspects, including election coverage and specific interviews, such as one with Vice President Kamala Harris on 60 Minutes. Additionally, the FCC is reviewing Comcast/NBCUniversal's diversity policies to ensure compliance with regulations.

Senator Rosen's Challenge

Senator Jacky Rosen attempted to put Carr on the spot by questioning why the FCC was not investigating Fox News for editing a video clip. Carr's response was straightforward: "No." He explained that Fox News, being a cable network, falls outside the FCC's regulatory purview. The FCC's authority is limited to broadcast TV and radio, not cable news.

Rosen persisted, questioning why one edit was permissible while another was not. Carr reiterated the legal distinction: the FCC can only regulate broadcast TV and radio, as these use public airwaves. Cable networks like Fox News operate on private systems and are therefore exempt from such oversight.

The Fairness Doctrine Debate

Rosen argued for the implementation of a fairness rule for cable networks. However, Carr clarified that no such rule exists. With no further recourse, Rosen swiftly moved on to another topic. The exchange highlighted Carr's firm understanding of media law and left the Senate with a clear lesson in regulatory boundaries.