NBC gave Donald Trump’s campaign commercial time free of charge during Sunday’s NASCAR playoff race, an exchange made to stay compliant with the Federal Communication Commission’s “equal time” rule, according to a new report in The Hollywood Reporter.
The former president took advantage of the situation by airing an ad immediately following the race, in which he spoke directly to the camera while intoning about an economic “depression” that he predicted would come if Vice President Kamala Harris wins the presidential election on Tuesday.
The network was forced to give up the airtime after it featured Harris for about 90 seconds during its “cold open” sketch on this weekend’s episode of Saturday Night Live—though it remains unclear whether the Trump campaign will request more time.
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The vice president’s appearance on the late-night sketch show begins with guest star Maya Rudolph in character as Harris sharing her disgusted reaction to Trump’s recent antics. The real Harris soon appears in a mirror, where she proceeds to give her fictional self a pep talk.
Following the vice president’s appearance, NBC filed a formal “equal time” notice Sunday with the Federal Election Commission, stating that it had featured Harris for just under two minutes while offering the same opportunity to feature Trump for a similar amount of time before the election.
The “equal time” rule is a regulation requiring broadcast stations to give political candidates comparable opportunities to appear on the air. Notably it does not require networks to feature candidates on the same shows or give advance notice of appearances, nor is it required to carve out equivalent time to highlight each side’s message.
The network’s move came just hours after Trump-appointed FCC Commissioner Brendan Carr claimed that Harris’ appearance alone amounted to a “clear and blatant effort to evade the FCC’s Equal Time rule.”
Carr is seen as a favorite to take over as FCC chair if Trump is re-elected this week.
“The purpose of the rule is to avoid exactly this type of biased and partisan conduct - a licensed broadcaster using the public airwaves to exert its influence for one candidate on the eve of an election,” Carr added.
The same rule also came into effect when Trump appeared on SNL during 2016’s Republican primaries—and five of his rivals took NBC up on their offer for equivalent airtime.
Theoretically, NBC may also be required to provide equivalent space to any third-party candidates currently running for the presidency, though it’s unclear whether any will try to redeem their airtime.
