Texas-based ABC affiliates file equal time notices as FCC cracks down on ‘The View’ over Talarico segment

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Texas-based ABC affiliates that aren’t owned by Disney appear to be playing ball with Federal Communications Commission (FCC) Chairman Brendan Carr over his enforcement of equal-time rules in the contentious Democratic Texas Senate primary.Carr’s FCC announced last month it would 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." Fox News Digital then first reported that the FCC would launch an investigation into ABC's "The View" after a Feb. 2 appearance by Texas Democratic Senate candidate James Talarico, which lasted a little less than 10 minutes."Ruthless" podcast host Josh Holmes pointed out on Tuesday that many ABC affiliates in Texas quietly filed equal-time notices in the past week, opening the door for his top primary rival, Texas Rep. Jasmine Crockett, to request equal and comparable time. FCC LAUNCHING PROBE INTO ABC'S 'THE VIEW' AMID CRACKDOWN ON EQUAL TIME FOR CANDIDATES"You’ll recall the whole FCC battle that has been with Kimmel, Colbert, ‘The View,’ they’re federally regulated because they are on broadcast airwaves and this administration, Brendan Carr, the chairman of the FCC, has said, ‘You have to provide equal time, as has been on our books forever to candidates that are in competitive elections if you're going to do this,’" Holmes said on "Ruthless." "Well, it’s caused a big problem, you’ll recall the Talarico thing," he continued. "It turns out… in the state of Texas… ABC station[s] that had to air ‘The View’ performance by Talarico [have] since, mea culpa, decided, ‘You’re right, we don’t want to be on the hook for this… and we will provide equal time for Jasmine Crockett.’"Holmes then said he learned that Crockett could request equal time several days ago, but he hasn’t seen it reported by the mainstream press.Equal-time notices are filed by stations to inform the FCC that airtime was given to a specific candidate. The rule is designed to create a transparent record for candidates, the FCC and the public, so that opponents can identify, use and timely request equal opportunities."Well, now you know," he said. "That's a huge deal," co-host Comfortably Smug responded, saying he felt Crockett had gotten cheated in the situation. "Jasmine Crockett, if you’re listening, congrats."An FCC insider told Fox News Digital that the equal-time notices are publicly available but had not been reported. FCC CHAIR RIPS COLBERT 'HOAX' AFTER CBS DENIED BLOCKING TALARICO INTERVIEW, SAYS MEDIA FELL FOR ITABC affiliates in Abilene, Amarillo, Austin, Beaumont-Port Arthur, Bryan, Corpus Christi, Dallas-Fort Worth, El Paso, Harlingen, Laredo, Lubbock, Midland-Odessa, San Angelo, San Antonio, Sherman, Tyler, East Texas, Victoria, Waco and Wichita Falls have all filed equal time notices. These stations are owned by non-Disney companies such as TEGNA, Sinclair Broadcast Group and Gray Media. The only ABC affiliate based in Texas that did not file an equal-time notice is the Houston-based KTRK, which is also the only one in the Lone Star state owned and operated by Disney. KTRK did not immediately respond to a request for comment. An FCC spokesperson declined comment. Crockett's campaign did not immediately respond to a request for comment. JAMES TALARICO ACCUSES CBS OF ‘SELLING OUT’ TO TRUMP AS NETWORK DENIES COLBERT'S CLAIM OF BLOCKING INTERVIEWTalarico was among the first political candidates to appear on "The View" since the FCC announced its crackdown. 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."Disney never made an equal-time filing to the FCC regarding Talarico's appearance, which would implicitly indicate to the FCC that ABC’s parent believes "The View" is bona fide news and would be exempt from the policy, an FCC source previously told Fox News Digital.The FCC insider suggested that "perhaps the non-Disney stations feel ‘The View’ is not a bona fide news program." "Ruthless" has a licensing deal with FOX News Media as part of the company’s expansion of new media. Fox News Digital’s Joseph A. Wulfsohn contributed to this report.