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Former FCC Chairs From Both Parties Warn ABC License Review Crosses Legal Lines

Elena MarquezPublished 3d ago6 min readBased on 2 sources
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Former FCC Chairs From Both Parties Warn ABC License Review Crosses Legal Lines

On July 28, 2026, a bipartisan group of former FCC officials — including three former agency chairs who served under Presidents Reagan, George H.W. Bush, and Obama — filed a submission with the FCC arguing that its review of ABC's broadcast licenses sends a "chilling message" to broadcasters and violates both federal law and the Constitution (The Guardian).

The filing centers on the ongoing license renewal process for eight of ABC's local television stations. In late April 2026, FCC Chairman Brendan Carr issued an order that opened a formal proceeding, allowing outside groups to file petitions asking the agency to deny ABC's license renewals. Two conservative organizations — the Media Research Center (MRC) and the Center for American Rights (CAR) — filed such petitions. The window for other parties to respond to those petitions closes on August 5, 2026.

Broadcast licenses are the government permits that allow TV and radio stations to operate on public airwaves. The FCC renews them on a standard eight-year cycle. The Communications Act, the federal law that created the FCC's licensing framework, sets rules for when and how the agency can step into that cycle.

The three former chairs who signed the filing are Mark S. Fowler (Reagan administration), Alfred C. Sikes (George H.W. Bush administration), and Thomas E. Wheeler (Obama administration). Several senior lawyers and advisers to past commissioners also joined. The political range is wide: Fowler led the FCC during a period of aggressive deregulation of broadcasting, while Wheeler's tenure focused on net neutrality and consumer protection. Having voices from across that spectrum gives the filing's legal arguments added institutional weight.

In their submission, the former officials called the license renewal proceeding "unprecedented in the history of the Federal Communications Commission" and "a grave violation of both the Communications Act and the Constitution." Their use of the word "early" matters. By calling the proceeding both premature and without precedent, they are arguing that the FCC under Carr broke from established practice in a way that undermines the legal framework governing broadcast licensing.

A FOIA (Freedom of Information Act) document hosted on the FCC website (Control No. 2025-001320, file name FOIA-Kimmel-4.pdf) also references the ABC license renewal matter and mentions "seven former FCC commissioners" in connection with it. The document's publication date is not specified, and the reference to seven commissioners does not match the three named chairs in the July 28 filing, suggesting the FOIA record may reflect a broader or earlier version of the coalition. The July 28 filing is the most current authoritative source on the group's composition.

Both MRC and CAR have been active in challenging broadcast networks over content and editorial decisions. The FCC's decision to open a formal proceeding in response to their petitions placed ABC's eight stations under heightened scrutiny during what would otherwise be a routine renewal.

The broader context here is a collision between two forces: the FCC's legal duty to decide whether broadcast licensees serve the "public interest," and the First Amendment constraints that limit how far regulators can go in scrutinizing editorial decisions. The Communications Act gives the FCC authority to deny license renewals, but federal courts and decades of commission precedent have generally narrowed that authority to questions of technical performance, operational compliance, and public interest obligations — not the substance of news coverage. The former officials' filing appears designed to frame the ABC proceeding as crossing that line, by signaling to broadcasters that their editorial choices could become the basis for licensing consequences.

For its part, the FCC under Chairman Carr is exercising its formal authority to consider petitions to deny. Whether that exercise fits within statutory and constitutional limits is the question the former officials' filing puts before the agency and, potentially, the courts.

The August 5 reply deadline will be a key procedural marker. Additional filings from civil society organizations, legal scholars, and industry groups are likely before that date, and those filings will shape the evidentiary record the FCC must weigh as it decides whether to grant, condition, or deny ABC's license renewals. If the commission moves toward denial or significant conditions, the constitutional questions raised by the former officials would likely land in federal court, where the statutory and First Amendment arguments could be tested in a forum beyond the agency's own discretion.