PHILADELPHIA — A 41-page reply to the opposition of Fox Television Stations‘ application to renew the license of the FOX network broadcast TV property serving the Delaware Valley has been filed with the FCC.
It contains statements that largely dismisses FOX’s arguments, even as the company has received statements of support from local political leaders.
Leading the fight for the opposition? Veteran communications attorney Arthur Belendiuk.
In the filing, Belendiuk makes it clear on behalf of the Media and Democracy Project — a Washington-based advocacy group getting the help of ex-FOX and former Disney executive Preston Padden — that FOX Television Stations “purposefully avoids any discussion, or even mention, of its allegations in its Petition to Deny of “serious misconduct” by FOX.
Why? Belendiuk makes it clear that the claim that “FOX’s programming on its cable channels is irrelevant to the license renewal application for FTS’ Philadelphia TV station” does not hold water.
This is a critical determination as to whether or not MAD’s case is political theater, or a serious matter that places not only WTXF but every FOX-owned television station in jeopardy.
The FCC has yet to deny a license renewal on the basis of content. Yet, MAD is making it clear that, even if the Commission were to change decades of regulatory precedent, the burden of proof has not been satisfied by Fox. Additionally, Belendiuk makes it clear that the FOX opposition does not address the substance of the petition or the findings of false statements by FOX in the Dominion v. FOX decision heard in a Delaware federal court.
Instead, Belendiuk says, “It cites a lack of evidence that FOX 29 itself broadcast false
statements; that Dominion was a defamation case, not actionable by the FCC, and also was not fully adjudicated; that the Petition does not make a prima facie case prerequisite to an FCC hearing on the application; that MAD lacks standing as a petitioner; that any FCC action on the application based on cable or broadcast content would violate the First Amendment; and that FOX 29’s stellar broadcast record mandates renewal of its broadcast license.”
He continues, “The opposition’s strategic decision to ignore the content of the offending programming and the involvement of top management only adds weight to MAD’s allegations, as FTS has not proffered any countervailing evidence.”
The fight waged by MAD and Padden comes with support from early 1990s FCC Chairman Alfred Sikes and founding FOX head Jamie Kellner. They take aim at the fact that FOX News-produced stories during the 2020 U.S. presidential election campaign aired on FOX stations such as WTXF. And, they say, these election-related news stories contained false statements.
Now that the matter of WTXF’s license renewal carries “Permit but Disclose” status with the Commission, a change that the Commission granted earlier this week, some 27 filings can be found in the FCC’s ECFS for “MB Docket 23-293.”
Among those submitting comments is Christopher B. Wong, who shares, “FOX News was one of the main channels that intentionally and irresponsibly spread lies about the 2020 election that lead to the January 6th attack on the US Capitol. Their broadcast license should not be renewed because they continue to spread misinformation that further divides our country and does nothing to help our nation.”
FOX Television Stations counsel Matthew DelNero and John Cobb of Covington LLP also submitted comments. On Thursday, they submitted a five-page filing with letters of support received by WTXF in recent weeks from local elected officials.
“These letters of support from respected leaders, who also reside in Fox 29 Philadelphia’s
service area, stand in stark contrast to the distorted picture presented in the recent Reply filed by the Media and Democracy Project in this proceeding,” the Covington attorneys write. “Although MAD ignores Fox 29 Philadelphia’s long record of exemplary service to the communities throughout the Philadelphia DMA, the Communications Act directs the FCC to consider a station’s record of serving the public interest, convenience, and necessity as a part of license renewal applications.”
Underscoring the exemplary record of service, they note, are letters from House of Representatives Members Brendan F. Boyle (D-Pa.) and Brian Fitzpatrick (R-Pa.); Pennsylvania State Representative Anthony H. Bellmon; and Camden, N.J. Mayor Victor G. Carstarphen.
