FCC Commissioner Brendan Carr, the agency's incoming chair, has waded into ABC’s negotiations with its affiliate stations while analyst and former FCC-er Blair Levin has suggested a way the outgoing chair could complicate Carr's attempts to thwart broadcasters.
The FCC should hold a hearing on Fox WTXF Philadelphia’s license to distinguish it from President-elect Donald Trump's recent attacks on broadcast licenses and establish a “bright-line test” on when such sessions are required, said the Media and Democracy Project in informal comments posted Tuesday in docket 23-293. The WTXF case, which stems from a court finding against Fox, is “easily distinguishable from routine complaints by politicians about the political slant of a particular channel or network's political slant or classic journalistic prerogatives,” said the MAD filing. Commissioner Brendan Carr's recent comments suggesting that as chair he will take up complaints against ABC and CBS over their content “illustrate the importance of this commission adopting a more clear bright line test that invokes the character provision of the Communications Act only after there has been a judicial finding,” MAD said. Although MAD acknowledged that lawmakers have asked Chairwoman Jessica Rosenworcel to refrain from addressing controversial matters until the new administration is in office (see 2411080048), the group argued that holding a hearing wouldn’t violate that request. “For the FCC to hold a hearing regarding a broadcast license applicant recently found by a court of law to have knowingly and repeatedly presented false news is certainly not controversial,” MAD said. However, multiple lawmakers have asked that the FCC deny MAD’s petition (see 2402260064) and Commissioner Nathan Simington has characterized the hold on WTXF’s license as an “intentional and unwarranted political delay," MAD said (see 2409130062). “Failing to hold a hearing under these circumstances would be tantamount to declaring the character requirement of the Act no longer applicable.” Carr and Fox didn’t comment.
A news distortion complaint filed Wednesday against CBS by the Center for American Rights (CAR) over the network's recent interview with Vice President/Democratic presidential nominee Kamala Harris is unlikely to result in FCC penalties. However, a wild card is the proposed Skydance/Paramount deal, which could spark FCC action on the news distortion complaint, attorneys told us. Paramount Global is CBS' parent.
Former President Donald Trump called Thursday for the FCC to pull licenses for all U.S. broadcast networks, an apparent escalation from his recent threats against ABC and CBS over what he claims has been biased coverage of his campaign as the Republicans’ 2024 nominee (see 2409110058). Trump has repeatedly sought FCC revocation of broadcasters’ licenses since early in his 2017-2021 administration (see 1710110075). FCC Chairwoman Jessica Rosenworcel quickly shot down Trump’s threat, going beyond her similar responses to past incidents (see 2409120056) and directly criticizing the former president.
The Media and Democracy Project has filed a Freedom of Information Act request with the FCC for any records of Commissioners Brendan Carr and Nathan Simington communicating with Fox and the Heritage Foundation or that mention Project 2025 or the Jan. 6 attack on the Capitol, among other things. MAD has opposed the license renewal of Fox’s WTXF Philadelphia (see 2407250056), and filed the FOIA in the docket on that proceeding Monday, docket 23-292. A number of prominent officials, including former FCC Commissioner Ervin Duggan, former FCC Chairman Alfred Sikes and former Weekly Standard Editor William Kristol, co-signed the MAD FOIA request. The request should be granted because the policy positions of a future Trump administration are “matters of extreme interest for members of the public who wish to ensure that the Commission impartially applies its policies” to MAD’s petition and the matter of station licensing, it said. “It is obvious that candidate and former President Trump would oppose the MAD Petition, even though he has suggested that content- and viewpoint-based station licensing decisions are appropriate,” MAD said, noting Trump’s recent statements about ABC (see 2409230022). Simington dealt a blow to the FCC’s credibility when he “prejudged” the MAD petition in a recent letter to lawmakers (see 2409130062), MAD said. In addition, MAD said, Carr's and Simington’s involvement in Project 2025 (see 2407050015) also calls the agency’s objectivity into question. “It is essential that the FCC’s ethical integrity be confirmed through full disclosure of Commissioners’ official and personal communications related to the MAD petition and standards for station licensing, so there is no suspicion that any Commissioner has been influenced with respect to these important issues by partisan political interests or by partisan efforts to staff an upcoming administration,” the FOIA filing said. Fox, Carr and Simington didn’t comment.
The Media and Democracy Project petition against Fox’s station WTXF-TV Philadelphia isn’t “remotely similar to the occasional complaints by politicians about the political slant of a particular network or channel,” said former telecom lobbyist Preston Padden in an informal filing Tuesday responding to a recent statement from FCC Commissioner Nathan Simington (see 2409130062). “There is nothing political about the MAD Petition,” Padden said, adding that Simington was "mistaken" when he implied MAD's challenge of WTXF-TV’s license renewal wasn’t in line with the First Amendment. The petition “is not about speech,” Padden said. “It is about Fox’s conduct -- its business decision -- to knowingly and repeatedly choose to present false news, rather than the truth, in order to protect its profits.” Simington and Fox didn’t comment.
The Media and Democracy Project's petition against Fox’s WTXF-TV Philadelphia's license renewal is based on a Delaware Superior Court judge's ruling on a motion for summary judgment (see 2409120056).
After senators sent letters to all five FCC commissioners Friday calling for the agency to avoid “weaponization” of its licensing authority against broadcasters, Commissioner Nathan Simington responded, saying the FCC should renew the license of Fox station WTXF-TV Philadelphia over the opposition of public interest group the Media and Democracy Project (MAD). Letters from Sens. Ed Markey, D-Mass., and Ron Wyden, D-Ore., referenced recent comments from Republican presidential nominee Donald Trump against ABC (see 2409120056).
Attorneys, academics and First Amendment experts told us that Republican presidential candidate Donald Trump’s calls for ABC to lose its license over Tuesday's presidential debate telecast (see 2409110058) are nonsensical and that government action against a broadcaster would likely ultimately fail. In addition, some said presidential calls for action against broadcasters over their reporting aren’t unprecedented. “All political players tend to do this when it suits them,” said veteran First Amendment attorney Robert Corn-Revere, now chief counsel for the Foundation for Individual Rights and Expression. “None of them have the constitutional authority to back it up.”
A recent Media and Democracy Project (MAD) submission of a petition with 25,000 signatures against the renewal of Fox-owned WTXF-TV Philadelphia (see 2407250056) is an attempt at “distort[ing] the Commission’s processes” and less than 2.3% of the signatories reside in WTXF’s viewing area, the network said in an ex parte filing Friday. “Taking at face value MAD’s claim as to the accuracy of the names and locations in its filing,” only 571 of them “possibly reside in Fox 29 Philadelphia’s viewing area,” Fox said. “In contrast, over 3.1 million households, and many more people, live in the Philadelphia” designated market area. The FCC “does not, and should not, make decisions on whether to grant a license renewal application based on the number of persons allegedly willing to fill out a webform.” The petition “cannot outweigh the testimony of numerous viewers of Fox 29 Philadelphia who have urged the Commission to swiftly renew the station’s broadcast license.” The FCC “should adhere to its own precedent, weigh the evidence in the record fairly, and grant Fox 29 Philadelphia’s license renewal without further delay.” The "issues raised in the petition go well beyond the Philadelphia station and raise serious questions about the decisions made by its owner to knowingly spread dangerous lies to protect profit,” MAD Executive Director Milo Vassallo said in an email. “It is time to remind Fox that we the people own the airwaves, not any single individual or corporation."