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OAN and RT are not on FCC airwaves. They are on cable TV and internet. These lawsuits are for Fox affiliates that use licensed FCC tv frequencies.
Edit: I just found out that that's not true for political broadcasts. https://www.fcc.gov/media/policy/statutes-and-rules-candidate-appearances-advertising
Huh, weird rules and what does "bona-fide" mean in this instance?:
https://www.fcc.gov/media/program-content-regulations
My guess is that there is no set standard in law. When you deny someone else “equal opportunity “ they can challenge the denial to the FCC and in court. Whoever loses the FCC appeal files a federal lawsuit. Then it would be based on case law for the definition of bona fide in similar cases and, barring that, similar usage of the term. You duke it out with $1000/hr lawyers in federal court for 2-3 rounds until the most recent loser appeals to the Supreme Court where they turn youdown or you argue if the FCC even has the power to compel such an “equal opportunity “ based on the law which allows the rule to be written.
At least that’s my layman’s understanding of the process.
Actually, I just looked it up from your guess because I wondered if it was stated. It seems to mean "authentic" under the law. Meaning, they can't make up news reports to report on trump or they have to give equal amounts to Biden. That's what it seems to say anyway. https://www.fcc.gov/media/policy/statutes-and-rules-candidate-appearances-advertising
Yeah, but what’s “authentic”? If you make up a news story about a really really good campaign stop, is it just a bona fide news story or is it an advertisement? News about his history of financial or humanitarian success?
The devil, as always…
True, it will probably end up with the results you mentioned, but it does seem to have some teeth in law. I'm sure there's precedence that they're citing but it's probably too expensive and who wants to go onto fox, oan or rt anyway.