Press Release

The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Thursday, August 2, 2018:

Rep Chris Collins (R-NY) introduced legislation that prevents states from diverting fees collected from consumers on their phone bills, which are meant to be used to improve 9-1-1 emergency communications systems. The Federal Communications Commission has found that New York diverts at least 41 percent of 9-1-1 fees that are collected for other non-public safety related purposes. Rep Anna Eshoo (D-CA) and Rep Leonard Lance (D-NJ), co-authored the bill and have also seen 9-1-1 fee diversion in their home states.

On June 28, 2017, Sinclair Broadcast Group and Tribune Media Company filed applications seeking to transfer control of Tribune subsidiaries to Sinclair. Sinclair and Tribune have amended their applications several times thereafter, in an attempt to bring the transaction into compliance with the Commission’s national television multiple ownership rule, as well as the public interest requirements of the Communications Act.

The Federal Communications Commission voted unanimously to send the merger between Sinclair Broadcast Group and Tribune Media before an administrative law judge, a process that could doom the $3.9 billion deal. 

The Hill notes that Sinclair responded to Chairman Pai's proposal on July 18 with a revised plan to sell off certain stations from the combined company in order to get it under a congressionally-mandated ownership limit. The 4-0 vote the evening of July 18 appears to be a rejection of those concessions.

The Schools, Health & Libraries Broadband (SHLB) Coalition,  a broad-based membership organization that includes anchor institutions, broadband providers and public interest groups, filed comments with the National Telecommunications and Information Administration (NTIA) suggesting that the agency use new broadband availability funding to collect and publish data about anchor institution broadband. Congress appropriated $7.5 million to the NTIA  to improve broadband mapping.

I applaud Rep. Coffman for signing the net neutrality discharge petition. The Joint Resolution of Disapproval of the FCC’s December 14, 2017 net neutrality repeal order is the fastest and best way to restore FCC authority to protect consumers and competition in the broadband market. Surely his constituents will appreciate his leadership in taking this important step.

As an initial matter, I largely refrain from discussing adjudicatory proceedings. However, since it appears that the document has been provided to the press by someone, I believe comment is warranted. In general, I have long stated that parties to merger applications are entitled to an answer from the Commission and have expressed deep objections to blindly sending decisions to the Commission’s Administrative Law Judge (ALJ).

[This] announcement is welcome. As I have noted before, too many of this agency’s media policies have been custom built to support the business plans of Sinclair Broadcasting. With this hearing designation order, the agency will finally take a hard look at its proposed merger with Tribune. This is overdue and favoritism like this needs to end. I have voted to approve.

Based on a thorough review of the record, I have serious concerns about the Sinclair/Tribune transaction. The evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law. When the FCC confronts disputed issues like these, the Communications Act does not allow it to approve a transaction. Instead, the law requires the FCC to designate the transaction for a hearing in order to get to the bottom of those disputed issues.

Free Press responded to filings by Sinclair Broadcast Group, Tribune Media, 21st Century Fox and Fox Television Stations, calling on the Federal Communications Commission to reject Sinclair’s proposed takeover of Tribune. In a filing to the FCC, Free Press states that broadcasters continue to rely on thoroughly debunked public interest claims to bolster their weak arguments and misrepresent concerns raised by Free Press and other groups that have petitioned the agency to deny the merger.