ACA Files Petition Seeking Early Renewal Of Sinclair Television Licenses

The American Cable Association filed a petition with the Federal Communications Commission requesting that the agency require Sinclair Broadcast Group to file early renewal applications for four of its stations [WJLA (ABC, Washington, DC), WBFF (Fox, Baltimore, MD), WSET (ABC, Lynchburg, VA), and WTVZ (MyTVZ, Norfolk, VA)].

Earlier in 2018, the FCC designated an administrative law judge to determine whether Sinclair engaged in misrepresentation or a lack of candor when it attempted to acquire stations from Tribune. More specifically, the FCC found “substantial and material questions of fact” regarding whether Sinclair had lied about being the “real party in interest” in three stations that it proposed to divest.

Misrepresentation and lack of candor rank among the most serious violations a licensee can commit. A party that engages in such conduct can be found to lack the basic character qualifications to hold any FCC licenses. Yet the charges levied against Sinclair have never been resolved because Sinclair itself withdrew its application, and the administrative law judge has yet to take up the designation.

Sinclair’s next license renewals occur in 2020. Thus, in the ordinary course, the FCC would have no opportunity to address the concerns it raised in the Sinclair-Tribune proceeding for nearly two years. The delay would harm the public should the FCC ultimately conclude that Sinclair was unsuitable to hold licenses all along by allowing an unqualified licensee to operate for several additional years. And it would harm Sinclair should the FCC ultimately conclude otherwise by leaving a cloud of uncertainty over the company.

Fortunately, the FCC’s rules permit it to “direct” a broadcast licensee to file its renewal early where, as here, “serious charges are made against a multiple station owner some of whose license terms have not expired.”