Disney Sued Brendan Carr’s FCC to Save 8 ABC Licenses

FCC Chairman Brendan Carr speaking — Image Credit: Gage Skidmore - CC BY-SA 2.0/Wiki Commons

The Walt Disney Company and its ABC network went to federal court in Washington on August 18 to shut down a Federal Communications Commission proceeding that has been grinding along since spring, when the agency ordered all eight ABC-owned television stations to justify their licenses years ahead of schedule. The complaint asks the U.S. District Court for the District of Columbia to stop the commission from acting on those early renewal applications at all, and it frames the review as a retaliatory campaign against programming the White House dislikes.

FCC Chairman Brendan Carr’s answer was that nobody has taken anything from Disney yet. No renewal has been denied. No license has been revoked. What exists is an open record, a docket, and a company that would rather have a district judge end the inquiry than let the agency finish it. That is the actual question in front of the court: whether a broadcaster can pull a licensing review out of the hands of the agency that issues the licenses.

The April Order That Called In All Eight ABC Licenses

The proceeding began with a two-page order the FCC’s Video Division released on April 28, 2026. It states that the commission had been investigating Disney’s ABC for possible violations of the Communications Act of 1934 and agency rules, including the prohibition on unlawful discrimination, and that Disney’s ABC had already responded to two Letters of Inquiry. The order concludes that additional action was warranted and directs the company to file license renewals for all of its licensed television stations within 30 days, by May 28.

The legal hook is narrow and it is written into the rulebook: FCC regulations allow the commission to call a broadcaster’s licenses in early whenever it regards a renewal application as essential to the proper conduct of an investigation. Broadcast licenses run eight years. Calling all eight in at once, well before any of them were due, is the part Disney calls unprecedented in the modern era, and it is not a characterization the commission disputes.

The stations are not marginal properties. They are WABC in New York, WLS in Chicago, KABC in Los Angeles, WPVI in Philadelphia, KGO in San Francisco, KTRK in Houston, WTVD in Durham, and KFSN in Fresno — six of them in the largest television markets in the country, and collectively a meaningful share of what the network earns. They exist because the federal government lends Disney a slice of the public spectrum on the condition that the company operate in the public interest. That condition is a statute, not a courtesy.

Disney Asked the FCC to Rule on The View First

There is an irony in the complaint that the coverage has mostly skipped. Two of the dockets now described as a campaign of harassment were opened because Disney itself walked into the agency and asked for a ruling.

On May 7, the Disney-owned Houston station KTRK and ABC filed a petition asking the commission to declare that the daytime talk show The View qualifies as a bona fide news interview program and is therefore exempt from the equal opportunities requirements of Section 315 of the Communications Act. The Media Bureau opened a comment cycle on that petition on May 22, set comments for June 22 and replies for July 6, and asked the obvious follow-up questions: whether the program qualifies, whether the equal opportunities statute survives constitutional scrutiny as applied, and whether decisions about the show’s format and participants are driven by newsworthiness or by an attempt to help or hurt particular candidates.

Those questions are uncomfortable for a program whose panel is openly and continuously political, which is presumably why the company wanted a declaratory ruling locking in a 2002 staff letter before anyone reexamined it. Having asked the referee for a call, Disney is now arguing that the referee is biased for taking the question seriously.

Carr Says the Record Is Still Developing

Carr, who has been the administration’s most aggressive defender of the view that broadcasters owe the public something in exchange for spectrum, treated the filing as a sign of nerves rather than of strength. Disney “seems a little jumpy right now,” he said in an interview hours after the suit landed, noting that the agency had not made any decision about whether to renew the licenses. “We’re going to continue to follow the facts and the law wherever they may lead,” he said. “Perhaps Disney is concerned or worried about how the record is developing.” He added that the company would get a fair shake before the agency.

The company’s own conduct over the past two years complicates its posture as a victim of federal pressure. ABC paid $16 million in December 2024 to settle a defamation suit Trump had filed as a private citizen over remarks by anchor George Stephanopoulos — a settlement reached voluntarily, before the inauguration, when the network had every option to litigate. A corporation that writes a check when the calculation favors a check and cries censorship when it does not is making a business argument dressed as a constitutional one.

230,000 Comments and a Commissioner at War With Her Own Agency

The proceeding has drawn an extraordinary public response, most of it hostile to the commission. FCC Commissioner Anna Gomez, the agency’s most vocal internal critic, announced on July 30 that the early renewal docket had drawn more than 150,000 comments and the View docket nearly 80,000, and said the record showed the effort “was never a genuine search for the public interest.”

Buried in her own statement is the warning conservatives should take seriously, and it did not come from her. A coalition of conservative and free market organizations filed comments urging the commission to abandon the proceeding, arguing that turning license renewal into a political weapon could just as easily be aimed at conservative and religious broadcasters by a future administration. That is not a media-left talking point. It is the standard objection to any tool that changes hands every four years, and it is the strongest argument against the theory the commission is currently testing.

What the District Court in Washington Has to Decide

The suit asks the district court to bar the FCC from taking or threatening any action against Disney and the stations in connection with the early renewal applications. To win that, the company has to persuade a judge to intervene in an administrative proceeding before the agency has ruled on anything — a heavy lift under ordinary administrative law, which generally requires a party to exhaust the agency process before running to court.

Disney’s answer is that the injury is the process itself, and it leans on a unanimous Supreme Court decision holding that the government may not use the power of the state to punish or suppress disfavored expression. That principle is real, and it is why the case matters beyond one network. If a district judge accepts it here, the FCC’s license renewal authority becomes reviewable the moment a broadcaster claims a political motive. If the judge does not, the eight applications go back to a commission that has already spent months building a record.

No hearing date has been set, and no court has ruled on any of it. Until one does, the licenses stay where they are and the docket stays open.

This article was produced with AI assistance and reviewed prior to publication.

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