ABC Battles FCC Over Early License Reviews, Citing First Amendment Retaliation
The Walt Disney Company and ABC have formally asked the Federal Communications Commission to dismiss early license renewal proceedings against eight of their owned local television stations, calling the agency’s accelerated review an unconstitutional attempt at government retaliation.
In a legal filing submitted Wednesday, attorneys representing the network argued that the FCC has no valid legal grounds to deny the stations’ license renewals or force them into early hearings.
The eight affected local stations—located in New York City, Los Angeles, Chicago, Philadelphia, Houston, San Francisco, Raleigh-Durham, and Fresno—were ordered by the agency to submit renewal applications years ahead of their normal statutory schedule, which runs on eight-year terms expiring between 2028 and 2031.
According to the 59-page opposition filing, the FCC’s actions follow public criticisms of ABC by President Donald Trump and FCC Chairman Brendan Carr regarding network news coverage and commentary on shows like Jimmy Kimmel Live! and The View.
Counsel for the stations argued that the agency is targeting the group over disfavored speech, noting that the FCC had not called for early broadcast license applications ahead of schedule for more than 50 years prior to a similar order issued just a day earlier to another broadcaster.
ABC asserted in the filing that Section 326 of the Communications Act of 1934 strictly prohibits the FCC from exercising censorship powers or regulating broadcast programming content. The network’s filing stated that using the renewal process to punish a broadcaster for editorial content is “as clearcut an example of retaliation as one could imagine.”
To support its position under Section 309(k) of the Communications Act, ABC detailed the stations’ operational records, arguing that each easily meets the standard of serving the “public interest, convenience, and necessity.” The stations collectively produce over 390 hours of local news each week, lead viewership ratings in their respective markets, and have received 63 Edward R. Murrow Awards since 2020. The filing also highlighted emergency coverage provided during major events, including the 2025 Southern California wildfires and severe weather outbreaks.
Addressing public feedback in the proceeding’s docket (MB Docket No. 26-131), ABC cited an automated analysis of more than 140,000 public submissions, reporting that over 95 percent expressed support for the stations or objected to the FCC’s early review order.
The network also requested the dismissal of petitions to deny filed by external advocacy groups, including the Center for American Rights, the Media Research Center, and the Article III Project. ABC contended that these groups lack legal standing as local viewers, failed to follow proper procedural service rules, and based their objections on claims of partisan news bias and corporate Equal Employment Opportunity (EEO) practices that the agency has no legal authority to sanction.