Pai Rejects Senators' Push for FCC Investigation of Sinclair's 'Fitness' to Buy Tribune, Keep Broadcast Licenses
FCC Chairman Ajit Pai quickly rejected Thursday a push by Sens. Maria Cantwell, D-Wash., Tom Udall, D-N.M., and 10 other Democratic members for the agency to review Sinclair's fitness to maintain its existing broadcast licenses and the public interest implications of its proposed buy of Tribune. The senators wrote Pai citing their “grave concerns” about Sinclair's requirement that anchors throughout the country read on-air the same "must-runs" about "fake news" (see 1804020056). Sinclair's action drew widespread criticism and scrutiny from Senate Minority Whip Dick Durbin, D-Ill., who also sought an explanation (see 1804030054 and 1804050051).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
“A free media is vital to our democracy," which is why "I have consistently opposed any effort to infringe upon the freedom of the press and have fought to eliminate regulations that impede the gathering and dissemination of news," Pai said in a letter to the senators we obtained before its publication. "Most relevant here, I have repeatedly made clear that the FCC does not have the authority to revoke a license of a broadcast station based on the content of a particular newscast." Pai made similar comments in November in response to concerns about President Donald Trump's comments threatening to challenge NBC licenses and a push by House Democrats for the FCC to investigate reports Russian government-owned radio network Sputnik broadcast propaganda over U.S. airwaves in a bid to influence elections, including the 2016 presidential contest (see 1709180054, 1710250050 and 1711010062).
Pai told the senators he understands "that you disliked or disagreed with the content of particular broadcasts, but I can hardly think of an action more chilling of free speech than the federal government investigating a broadcast station because of disagreement with its news coverage or promotion of that coverage.” Pai previously rejected a push by Senate Antitrust Subcommittee ranking member Amy Klobuchar, D-Minn., and others that he recuse himself on Sinclair/Tribune amid an FCC Inspector General investigation of his actions on rulemakings that have benefited the buyer (see 1802150031 and 1802200062).
“This conduct affects [Sinclair's] fitness to hold its existing broadcast licenses and its fitness to acquire even more broadcast licenses” via the Tribune buy, the senators earlier told Pai. “In particular, we have strong concerns that Sinclair has violated the public interest obligation inherent in holding broadcast licenses” because it “may have violated the FCC's news distortion standard." Sinclair's assertions about the neutrality of its content also undermine “the legitimacy of non-Sinclair news outlets,” the lawmakers said. “Furthermore, must-run dictates from Sinclair harm the freedom of the press guaranteed in the First Amendment by turning local journalists into mouthpieces for a corporate and political agenda.” The senators urged Pai to publish the results of the sought investigation and include it in the record for the FCC's Sinclair/Tribune proceeding in docket 17-179.
FCC Chief of Staff Matthew Berry repeatedly tweeted about the situation Thursday, at one point saying the senators were "asking us to go after a broadcaster's licenses because they don't like its news coverage. But we're not going to do that. Instead, we will protect the First Amendment and freedom of the press!" Sinclair didn't comment.