Coalition Urges FCC to Hold Hearing on FOX Affiliate's License Renewal

A coalition of former Federal Communications Commission (FCC) officials, legal experts, and media advocates has filed comments urging the FCC to hold a hearing on the broadcast license renewal of WTXF-TV, a FOX affiliate. Led by the Media and Democracy Project (MAD), the group argues that this case presents an opportunity for the FCC to establish clear guidelines on when a hearing is necessary to evaluate a broadcaster's fitness to hold a license.

The coalition's filing emphasizes that their petition is not about political speech or bias, but rather focuses on what they describe as a deliberate decision by FOX to broadcast false information about the 2020 election. Brian Hansbury, Co-Founder of MAD, stated that this decision 'cannot be squared with the character requirements of the Communications Act.'

The group is calling for the FCC to create a 'bright-line test' that would provide clear guidance on when a hearing is required for license renewal. This move could have significant implications for the broadcast industry and how the FCC enforces its public interest mandate.

Former Murdoch lobbyist Preston Padden highlighted the importance of such a test, suggesting that without clear guidelines, the FCC risks setting a dangerous precedent that could undermine its authority and public trust in broadcast media.

The coalition's filing includes references to earlier comments from prominent figures in media and government. Former FCC Chairman Alfred Sikes questioned the enforceability of the 'public interest' requirement for broadcasters. Former FCC Commissioner Ervin S. Duggan and former editor William Kristol argued that FOX's behavior is inconsistent with the FCC's character requirements for licensees.

Floyd Abrams, a renowned First Amendment attorney, stated that while he has long defended media organizations' rights, 'knowing and repeated distortion of information about a forthcoming election is precisely what a broadcaster may not do.'

This case could have far-reaching consequences for the broadcast industry and the FCC's regulatory approach. If the FCC decides to hold a hearing, it may set a new standard for how broadcasters are held accountable for the content they air, particularly regarding elections and other matters of significant public interest. The outcome could potentially influence future license renewal processes and shape the relationship between broadcasters, regulators, and the public they serve.