With 6abc potentially facing a Trump-forced blackout, ABC sues the FCC
6abc is one of eight local stations owned by ABC the Trump administration is going after.
ABC is moving to block President Donald Trump’s administration from the unprecedented step of taking eight local stations off the air, including 6abc in Philadelphia.
On Tuesday, the network filed a lawsuit against the Federal Communications Commission, which is threatening to take away the stations’ broadcast licenses in a move ABC described as an “existential threat” to its business.
“Acting through the Federal Communications Commission, the administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts,” said the lawsuit, filed in the U.S. District Court for the District of Columbia.
The FCC has the power to regulate 6abc and the other stations because they broadcast over public airwaves.
The lawsuit comes as the FCC considers its next move following an unusual early review of the stations’ broadcast licenses in April. That review came shortly after Trump called for late-night host Jimmy Kimmel to be fired over a joke he made involving first lady Melania Trump.
ABC also filed a motion for a temporary restraining order against the FCC’s attempt to force an early renewal.
“Again and again, the administration has attacked ABC’s speech,” the lawsuit states. “Over time, those attacks have escalated into express demands that ABC be stripped of its broadcast licenses because of its speech.”
6abc’s broadcast license, renewed without controversy in 2023, runs through 2030.
The FCC, led by chairman Brendan Carr, contends the review stems from an earlier investigation into diversity, equity, and inclusion initiatives at ABC’s parent company Disney, citing “the agency’s prohibition on unlawful discrimination.” Carr also said the agency would consider ABC’s decisions not to air Trump’s primetime address on election security last month, in which he repeated his baseless claims about the results of the 2020 election, which he lost to former President Joe Biden.
“All broadcasters have a legal obligation to operate in the public interest — even Disney,” an FCC spokesperson said in a statement. “Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters.”
So far, the FCC has not presented evidence 6abc or the other seven ABC stations have violated public interest requirements.
“We’re very principled on this. We’re going to stand up to what we believe is journalistic integrity,” Disney CEO Josh D’Amaro said during a CNBC interview last week. “And we’re not going to be told how to run that side of our business.”
FCC could move against 6abc and others soon
The next step would be for the FCC to issue a hearing designation order, which would officially begin a legal process that could end with the stations losing their broadcast licenses.
ABC said in its lawsuit if the FCC issued such an order, an “adverse outcome is all-but-guaranteed.”
A hearing would normally be decided by an administrative law judge, but the Trump-controlled commission could designate itself to to preside over the case. The commission has two Trump appointees and one Biden appointee, Anna Gomez, who praised ABC’s “courage” and willingness to fight back.
“For months, the FCC has waged a campaign of censorship and control against Disney’s ABC stations, using the threat of broadcast license revocations to punish a company for speech this administration doesn’t like,” Gomez said in a statement. “This should be a welcome sign for every broadcaster who has felt the weight of this overreaching government pressure in silence.”
If the FCC moves to revoke 6abc and the other stations’ broadcast licenses, Disney could appeal the case to federal court. The legal process could take years.
“Regardless of the outcome, the adjudication itself would be immensely harmful to ABC and the stations,” the lawsuit states. “The proceedings are likely to be expensive and protracted.”
It’s been nearly 40 years since the FCC revoked a TV station’s broadcast license. The last time it happened was in 1987, when RKO General Inc. lost its licenses in Boston, New York, and Los Angeles because of business misconduct.
There is no official timeline, but the FCC’s final deadline for public comments was Aug. 5, and respondents were overwhelmingly supportive of 6abc and the network’s other local stations.
“The loss of 6ABC broadcasting would deeply impact the Philadelphia region,” wrote the Philadelphia Police Foundation, ”removing a trusted journalistic voice and a critical pillar of support that local nonprofits and public safety organizations rely upon."
