Failed FCC Nominee Chimes In On WTXF License Fight

By
Adam Jacobson
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The polarizing liberal nominee for a Commissioner post at the FCC who withdrew from consideration after two failed attempts by the Biden Administration to win Congressional approval has published commentary in an online news organization focused on “America’s broadband buildout” suggesting the lame-duck Commission move ahead with an effort to challenge the license renewal of a Fox Television Stations property in Philadelphia.


The Media and Democracy Project, fueled by the efforts of former FOX and ABC executive Preston Padden, has been on a somewhat quixotic effort to get the FCC to designate for hearing the license renewal of WTXF “FOX 29” in Philadelphia.

Padden, speaking previously to RBR+TVBR, has stated that WTXF was singled out from other Fox-owned broadcast TV stations because of its earlier license renewal date. But, as far as he’s concerned, all Fox O&Os are guilty of having aired false and misleading news tied to the 2020 U.S. presidential election during local newscasts and on Fox News Sunday, produced by Fox News Channel.

With the hours ticking down to the end of Chairwoman Jessica Rosenworcel‘s time as the FCC’s head, and incoming Chairman Brendan Carr likely to ignore the petition as frivolous, Gigi Sohn has chimed in.

In a column appearing in Broadband Breakfast, Sohn sides with MAD and believes the petition has merit. It was posted on Monday, the fourth anniversary of the insurrection on Capitol Hill that put Members of Congress in danger from protestors who forcibly entered the U.S. Capitol.

She writes:

Four years ago today, our democracy faced one of its darkest moments as insurrectionists stormed the United States Capitol, determined to overturn the results of a free and fair election. The violence displayed that day shocked the nation, but its seeds had been planted months earlier, nurtured by a relentless stream of falsehoods spread by Rupert and Lachlan Murdoch and their media empire, most prominently Fox News.
That’s the contention of MAD and Padden, and a central part of its argument that a Hearing Designation Order pertaining to WTXF’s license renewal is warranted.

Sohn continues:

A court of law in Dominion, Inc. v. Fox News Network, LLC  found that it was “CRYSTAL clear” that some of Fox’s statements about the election were false. In his 80-page opinion, Judge Eric Davis flatly denied Fox’s defense that its opinion shows deserved greater First Amendment protections, and highlighted private conversations between Fox executives, including Rupert Murdoch, who feared losing viewers by providing truthful and accurate reporting about the 2020 election. Despite these facts, the new administration is weeks away from celebrating the Murdochs and thousands of January 6th co-conspirators as heroes while preparing to weaponize the Federal Communications Commission against other networks the president-elect perceives as enemies. Trump and his allies have threatened networks like ABC, NBC, and CBS for perceived slights, and selective attacks on certain news organizations have become a top priority for the incoming administration.

As such, Sohn writes, “The current FCC has an opportunity to protect broadcast networks from politically motivated attacks while reaffirming the importance of character for broadcast licensees like Fox, who are “trustees” of the public’s airwaves. Even the soon-to-be FCC Chair, Brendan Carr, has highlighted the importance of holding broadcast licensees to their public interest obligations. In a December CNBC interview, he said, ‘the law is very clear,’ and ‘the Communications Act says you have to operate in the public interest.’ I couldn’t agree more.
“Never in the FCC’s history has it faced a license renewal application from a broadcaster whose parent company was found by a court of law to have broadcast false news. The FCC has a statutory duty to ensure that broadcast licensees operate in the public interest. The Media and Democracy Project (MAD) has given the FCC a clear path to do so.”
Sohn adds that MAD “lays out a compelling case that the actions of Fox’s executives represent a severe breach of the FCC’s policy on broadcast licensee character qualifications,” and an argument that outlines how Fox’s conduct “is so egregious” that it “shocks the conscience,” an FCC term of art used to describe serious misconduct.

Sohn continues:

MAD’s petition focuses entirely on the conduct of Fox’s most senior management, not protected speech. The organization relied on the court’s opinion, which concluded that the statements aired on Fox News about Dominion were not true. At the time, the Commission took notice and opened the question for public comment. But it hasn’t acted. That petition was filed 550 days ago.

The FCC must send this case to an Administrative Law Judge for a full hearing on whether Fox’s Philadelphia licenses should be renewed given the court’s determination. A failure to act would set a dangerous precedent, signaling that broadcast licensees are above the law so long as they align with those in power. Upholding the public interest means holding Rupert and Lachlan Murdoch accountable for using their media empire to undermine democracy in favor of their profits.

With Carr unlikely to designate MAD’s petition for a hearing and no action from Rosenworcel as of today, Sohn suggests she take advantage of the “lame duck” period that remains for the Biden Administration by thumbing her nose at the incoming Trump Administration — and her Republican colleagues at the Commission.

Sohn shares:

This is also a pivotal moment for FCC Chairwoman Jessica Rosenworcel. By designating MAD’s petition for a hearing, Rosenworcel can establish a bright-line test for what constitutes a breach of the public trust. This is not just about Fox; it’s about ensuring that all broadcasters—regardless of political affiliation—are held to the same standard. Resistance to the President-elect’s politically motivated and selective persecution of the free press must begin here. Acting on this petition may be the single most important thing that the Chairwoman accomplishes during her tenure.

Sohn concludes:

At least three times in less than two years, courts have found that the Murdochs and Fox have acted in bad faith, spread misinformation, and engaged in conduct that in my opinion encouraged an insurrection. The January 6th attack was a wake-up call. Now, the FCC must do its part to protect the public from broadcast licensees who abuse their platform to spread lies. This is a matter that the new FCC leadership should not simply dismiss out of hand, particularly given the Chair-designee’s recognition that broadcasters are public trustees. For the sake of our democracy, it is time for the Commission to act.

 

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