FCC’s Colbert Investigation Has Consequences

Stephen Colbert’s late-night jabs at President Donald Trump have drawn plenty of heat, with talk of Federal Communications Commission investigations and threats to creative content. But while the FCC is highly unlikely to take any action, there is still a cost to the regulatory overhang of a government investigation regardless of the eventual outcome.

Even complaints that are eventually dismissed have costs, says John Crigler, a partner with Garvey Schubert Barer in Washington, who has defended broadcasters against indecency and even obscenity claims. “The complaint can be the punishment,” he said, and have real consequences that can include holding up license renewals or transfers — the complaint would be against any CBS affiliate where there is a complaint from a viewer in that market (FCC complaints are against stations, not networks). A pending complaint is also something that a station has to report to its auditors. A complaint could also prompt a settlement with the FCC to get out from under the cloud of an investigation that can drag on, particularly if there is a pending merger with license transfers that need approving. “Sometimes it is worth it to pay the piper and march on,” Crigler said.