This notice was published as a flagrant act of unlawful retaliation against late night shows for criticizing the sitting President. I think it's misleading to present it as a legitimate action, even if the Trump regime might attempt to enforce it and courts might uphold that enforcement. As the only non-regime FCC commissioner remaining has pointed out, the FCC specifically did not engage in the actual rulemaking procedure that's normally required to change these rules, because if they had their retaliatory motivation would have been a huge obstacle.
The problem is that the policy will not be challenged if people accept it as legitimate. Talk shows aren't common enough or important enough that a challenge is guaranteed to come. And so the ratchet of authoritarian takeover advances a little bit further, as Donald Trump works towards his quite explicit goal of making it illegal for the media to say bad things about him.
This says it now does (and parent is right): https://www.mediainstitute.org/2026/01/22/fcc-late-night-sho...
To me, this seems reasonable, since I could imagine all the networks skirting the intent in any way possible.