AR169

An Assembly Resolution urging the President of the United States and the Federal Communications Commission to investigate the National Broadcasting Company for potential violations of certain rules governing political programming.

Whereas, On November 2, 2024, three days before the 2024 presidential election, Saturday Night Live (SNL), a late-night comedy variety show aired by the National Broadcasting Company (NBC), aired a comedy skit featuring presidential candidate Kamala Harris; and

Whereas, Pursuant to the Federal Communications Commission (FCC) rules on political programming, if a station licensee permits a legally qualified candidate for public office to use its facilities, the station is required to afford equal opportunities to all other legally qualified candidates for that office to use such facilities; and

Whereas, Under these rules, the FCC seeks to ensure that no legally qualified candidate for office is unfairly given less access to the airwaves, apart from bona fide news exemptions, than the candidate’s opponent, sometimes referred to as the “equal time” rule; and

Whereas, As the station licensee regulated by the FCC that aired SNL, NBC is subject to the rules on political programming, and NBC’s failure to provide equal time to an opposing political candidate on SNL may be a violation of those rules; and

Whereas, SNL aired the comedy skit featuring Harris but did not provide airtime of an equal amount of time on the same night to Harris’s opponent, presidential candidate Donald J. Trump; and

Whereas, Amidst pushback on Harris’s SNL appearance from several sources, including Brendan Carr, a commissioner of the FCC, NBC eventually provided Trump with some last-minute air time during its coverage of the National Association for Stock Car Auto Racing (NASCAR) Playoffs race and the National Football League (NFL) game on the night of November 3, 2024; and

Whereas, Notwithstanding NBC’s rushed effort to rectify the concerns over an FCC violation, NBC may still be in violation of the FCC rules for failing to provide Trump with comparable broadcast time and placement to Harris; and

Whereas, In accordance with the rules, the FCC may revoke any station license for willful failure to allow reasonable access to the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for federal elective office on behalf of the candidacy; and

Whereas, The FCC has a duty to enforce its rules and investigate NBC’s alleged failure to provide equal opportunities of time to opposing political candidates in the 2024 presidential election; and

Whereas, In the event that NBC is found to have violated the equal time rule, the FCC should suspend NBC’s broadcasting license; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. The General Assembly urges the President of the United States and the FCC to investigate NBC’s potential violation of its rules on political programming. In the event that NBC is found to be in violation of FCC rules on political programming, the General Assembly urges the President of the United States and the FCC to suspend NBC’s broadcasting license.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President of the United States and the Chairwoman of the FCC.

STATEMENT

This resolution urges the President of the United States and the Federal Communications Commission (FCC) to investigate a potential violation of the equal time rule on political programming by the National Broadcasting Company (NBC). Additionally, in the event that NBC is found to be in violation of the equal time rule, this resolution urges the President of the United States and the FCC to suspend NBC’s broadcasting license.

On November 2, 2024, three days before the 2024 presidential election, Saturday Night Live (SNL), a late-night comedy variety show aired by NBC, aired a comedy skit featuring presidential candidate Kamala Harris. Pursuant to the Federal Communications Commission’s (FCC) rules on political programming, if a station licensee permits a legally qualified candidate for public office to use its facilities, it is required to afford equal opportunities to all other legally qualified candidates for that office to use such facilities. As the station airing SNL, NBC failed to provide the opposing presidential candidate, Donald J. Trump, an equal amount of time on SNL. Amidst pushback on Harris’s SNL appearance from several sources, including Brendan Carr, a commissioner of the FCC, NBC eventually provided Trump with some last-minute air time during its coverage of the National Association for Stock Car Auto Racing (NASCAR) Playoffs race and the National Football League (NFL) game on the night of November 3, 2024. Regardless of that rushed response, NBC may still be in violation of the FCC rules for failing to provide Trump with comparable broadcast time and placement to Harris. The FCC has a duty to investigate potential violations of their rules, including the alleged violation of NBC’s failure to provide equal opportunities of time to opposing political candidates in the 2024 presidential election.