Arnold & Jay Make News

Jay Leno is a "bona fide" newsman. And that means complaints from Arnold Schwarzenegger's rival have been terminated.

So rules the Federal Communications Commission, which has smacked down California Democratic gubernatorial wannabe Phil Angelides' demands for equal time on 11 NBC-owned stations in the state. The decision comes two weeks after The Tonight Show with Jay Leno featured Schwarzenegger, California's reigning Republican governor.

In a seven-page decision issued late Thursday, the FCC ruled against Angelides' complaint that the movie-star politician's 15-minute appearance on the Oct. 11 telecast amounted to an unfair boost to Schwarzenegger's candidacy, as Angelides tries to make up points in the polls.

Angelides' camp claimed he was entitled to his own 15 minutes on Leno's late-night show, arguing that Tonight is not a real news program but an entertainment show and therefore falls under federal rules that stipulate that candidates vying for the same office be granted equal air time.

Not so, according to the commission, which said Schwarzenegger's guest spot qualified for a "bona fide news interview exemption."

"The fact that many interviews on the program concern entertainment is irrelevant," the ruling states. "The Tonight Show with Jay Leno often interviews individuals, including many from the entertainment industry, regarding current events, including entertainment and political news."

The FCC pointed to the newsworthy topics that Leno and Schwarzenegger discussed, including the governor's views on immigration reform and working with the state's Democratic legislature, as well as the war in Iraq.

The commission also noted that Angelides' campaign failed to provide sufficient evidence that Leno, a close pal of Schwarzenegger, whose show served as the launching pad for the latter's first gubernatorial run, was seeking to help Schwarzenegger by having him on as a guest, saying such accusations were based on "little more than speculation."

"Even were we to accept the campaign's position that Leno and Schwarzenegger are friends, that fact by itself would not establish that the producers' decision to invite Schwarzenegger on the program was motivated by a desire to help his campaign," the FCC said in its ruling. 

"Indeed, we note that Schwarzenegger appeared on The Tonight Show with Jay Leno twice in both 2004 and 2005, even though he was not a candidate for any office during either year, a fact which rebuts any assertion that the invitation for Schwarzenegger to appear on the show was an out-of-the-ordinary attempt by the show's producers to aid Schwarzenegger's candidacy."

The FCC also stated that since the erstwhile Terminator was a national celebrity before he ran for office, the show's producers were justified in putting him on because he has nationwide appeal.

Steve Maviglio, a rep for the Angelides campaign, accused the commission of political bias.

"We are disappointed but not surprised that the Bush-controlled FCC has made a political decision over the use of our public airwaves," Maviglio said.  "The commission's tortured decision to try to certify Jay Leno as a modern-day Walter Cronkite is more laughable than one of Leno's monologues."

In related campaign news, Mary Carey, the adult film star who went up against Schwarzenegger in the historic 2003 recall election and is running as a write-in candidate again this year, announced she was quitting the race. Carey said she had temporarily moved to Florida to help care for her critically injured mother, who, during a schizophrenic episode, threw herself off a four-story building last month. However, Carey said if she decided to become a permanent resident of the Sunshine State, she might consider a bid to unseat Florida governor Jeb Bush.

As for the Gubernator, California voters will decide Nov. 7 whether to give Schwarzenegger another four years or bid him hasta la vista.