According to this FCC fact sheet:
Equal opportunities and other political-related benefits are available only to individuals who have attained the status of “legally qualified candidate.” These rules do not apply to cable channels or web-based video or audio such as streamed video content, podcasts, or social media.
And since Fox News is a cable channel, it does not apply
People often use the OSI's Open Source Definition when using the term "open source". One of its criteria says "The license must allow modifications and derived works" which this license does not allow.