Disney Files FCC License Renewals Under Protest Amid DEI Investigation

In late April, the FCC ordered an early review of Disney's broadcast licenses to ensure that Disney and ABC had not violated FCC equal employment opportunity regulations. This came at a time when late-night show host Jimmy Kimmel made remarks on his show at the expense of President Donald Trump and First Lady Melania Trump. However, FCC Chairman Brendan Carr said that the request for early review had nothing to do with Kimmel's comments.

Now, there's an update in this situation. 

On Thursday, Disney said in filings that it was submitting the applications “under protest in response to an unlawful, arbitrary, and unconstitutional order” from the FCC, per CNBC. 

The licenses in question were for eight stations with expiration dates ranging from 2028 to 2031. 

Disney Pushes Back Against FCC Investigation

This came after last year, when the FCC began investigating the DEI efforts of Disney and other media companies. The investigation concerned possible violations of the Communications Act of 1934. Then, in April, the FCC determined that further action was needed, and Disney had until this past Thursday to file for renewal. 

On Friday, Carr appeared on CNBC's "Squawk on the Street" and reiterated that it had to do with investigating DEI practices and had nothing to do with the First Amendment. 

“I understand Disney wants to make this about a lot of other things, and their PR machine has been in high gear, but we’ve been very clear about what this is: concerns about invidious forms of DEI discrimination,” Carr told CNBC.

Carr added that the next step will be for the FCC to issue a public notice and "begin a cycle where the public can petition to deny the renewal of Disney’s licenses, opening the door for Disney to file an opposition," per CNBC. 

FCC Signals Further Review Ahead

“We have been signaling for a long time that we want Disney to take seriously our investigation, and it was only after we felt like — again, we provided them notice now that we thought their responses were disingenuous, that they were incomplete, that they were frankly nonresponsive to a number of questions — that we thought it was important to take this next step in our investigation to make sure that they’re being fully responsive to our proceedings,” Carr said.

Carr was then asked whether the FCC could pull ABC's licenses, and Carr said the FCC would “follow the facts and the law wherever they go.”

Also on Thursday, Disney said it objected to the process and that the FCC hadn't called for early renewal in more than 50 years.