FCC Launches Probe of NPR and PBS — Long Opposed by Conservatives — Over Claims They’re Improperly Airing Commercials

‘I do not see a reason why Congress should continue sending taxpayer dollars to NPR and PBS given the changes in the media marketplace,’ the FCC chairman says in a letter to the heads of both public media organizations.

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Federal Communication Commission Commissioner Brendan Carr testifies before the House Energy and Commerce Committee's Communications and Technology Subcommittee in the Rayburn House Office Building on Capitol Hill. Chip Somodevilla/Getty Images

Public media stalwarts National Public Radio and the Public Broadcasting Corporation – frequent targets of Republican lawmakers due to their left-leaning news programs – are suddenly facing scrutiny under the new administration, with the newly appointed Chairman for the Federal Communications Commission looking to pull the plug on federal funding to both media outlets.

Republican administrations have tried to kill public funding for NPR and PBS for decades, but Brendan Carr, the new FCC chair, is trying a more surgical but potentially more effective approach. He’s launched an investigation into both media organizations, alleging that their “airing of commercials” violates federal law.

In a letter addressed to PBS President Paula Kerger and NPR President Katherine Maher, which was first obtained by the New York Times, Mr. Carr informed them that he would be launching an investigation for violating their federal authorization to operate as a “noncommercial educational broadcast stations.”

Public broadcasters who receive government funding are not supposed to air advertising. But for decades, NPR and PBS have aired highly produced, taped messages from their corporate sponsors which Mr. Carr argues are effectively commercials. 

“I am writing to inform you that I have asked the FCC’s Enforcement Bureau to open an Investigation regarding the airing of NPR and PBS programming across your broadcast member stations,” Mr. Carr said in the letter, before pointing out his concern that their networks are violating federal authorizations placed against them as “noncommercial educational broadcast stations” by running paid advertising spots.

“I am concerned that NPR and PBS broadcasts could be violating federal law by airing commercials,” Mr. Carr writes. “In particular, it is possible that NPR and PBS member stations are broadcasting underwriting announcements that cross the line into prohibited commercial advertisements.”

He also threatened to have funding pulled for both organizations pending the outcome of an investigation.

“In particular, Congress is actively considering whether to stop requiring taxpayers to subsidize NPR and PBS programming,” he said. “For my own part, I do not see a reason why Congress should continue sending taxpayer dollars to NPR and PBS given the changes in the media marketplace since the passage of the Public Broadcasting Act of 1967.”

“To the extent that these taxpayer dollars are being used to support a for-profit endeavor or an

entity that is airing commercial advertisements, then that would further undermine any case for continuing to fund NPR and PBS with taxpayer dollars.”

Public broadcasters say that federal funding is only a small portion of their revenue, which also comprises viewer donations solicited during pledge drives and revenue from corporate sponsors (the promotion of which is the subject of the new FCC investigation). 

Ms. Maher said in a statement provided to Fox News Digital that NPR is operating above board and not in violation.

“NPR programming and underwriting messaging complies with federal regulations, including the FCC guidelines on underwriting messages for noncommercial educational broadcasters, and Member stations are expected to be in compliance as well,” she said. “We are confident any review of our programming and underwriting practices will confirm NPR’s adherence to these rules.”

PBS officials also rejected Mr. Carr’s claims.

“We work diligently to comply with the FCC’s underwriting regulations and welcome the opportunity to demonstrate that to the Commission,” Ms. Kerger said in a statement provided to NPR.

Mr. Carr is running into opposition from some of his fellow commissioners, including from a Trump appointee.

“Public television and radio stations play a significant role in our media ecosystem,” FCC Commissioner Geoffrey Starks said in a statement. “Any attempt to intimidate these local media outlets is a threat to the free flow of information and the marketplace of ideas.”

Mr. Carr’s action echoes President Trump’s call to end the taxpayer funding of public media and also aligns with his complaints about liberal bias in national news media. 

Some media organizations are looking for ways to placate the President in order to keep their operations going.

On Thursday, it was reported that CBS is discussing a settlement over a $10 Billion lawsuit filed by President Trump in October over accusations that “60 Minutes” deceptively editing an interview with former Vice President Kamala Harris.

The news comes as parent company Paramount Global is seeking to complete a merger with Skydance Media. Many within the Tiffany Network’s news liberal operations are livid over the decision by top brass to settle, according to a report from Status, a media industry newsletter. 

Sources tell reporter Oliver Darcy, a vocal Trump opponent, that CBS News chief Wendy McMahon and “60 Minutes” executive producer Bill Owens have made it “crystal clear” that they oppose any settlement with Mr. Trump.

Some legal experts say offering a settlement is unnecessary since, they argue, the lawsuit lacks legal merit. 

“There is absolutely no reason, from a legal perspective, for CBS to settle — this is a ridiculous case,”  Theodore Boutrous, a First Amendment attorney active in liberal causes, Theodore Boutrous Jr. said to Status.

But the settlement discussions come as district-level judges and juries have turned on media companies and CBS was facing not only an angry president but a forbidding legal landscape. ABC News recently settled a lawsuit brought by Trump for $16 million after ones of its stars, George Stephanopoulos, falsely said repeatedly that Trump had been found liable for rape. Separately, CNN settled with a military veteran, after a jury found it liable for defaming him. This spring, NBC News and MSNBC are headed for trial in a defamation case brought by a Georgia doctor that NBC News’ “immigration reporter”, Jacob Soboroff, falsely accused of performing mass, unwanted hysterectomies on detained migrant women.


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