Full FCC Affirms FM License Revocation Over Candor; Dems Emphasize Precedent

The FCC unanimously affirmed a 2017 administrative law judge decision revoking construction permits and licenses for three California FM stations over allegations from the late 1990s about a lack of candor, said a docket 03-152 order in Thursday’s Daily Digest. Democratic Commissioners Jessica Rosenworcel and Geoffrey Starks submitted statements (attached to the order) emphasizing that broadcasters found to have dealt dishonestly with the FCC should have their licenses revoked. None of the Republican commissioners issued statements. “In the case of an unscrupulous licensee with multiple stations, misrepresentation and lack of candor constitutes ‘serious deliberate misconduct’ that could put all of a broadcaster’s licenses at risk,” said Starks. William Zawila -- licensee of one of the stations and representative for the estates of other parties in the case -- argued that too much time had passed since the offenses involved and that the Enforcement Bureau hadn’t correctly handled filings in the matter. Those challenges are invalid on their merits and untimely filed, the FCC said. “Long ago the Federal Communications Commission established that the ‘trait of truthfulness’ is a necessary element of the character required to operate a broadcast station in the public interest,” Rosenworcel said. Though Sinclair isn't mentioned in the order or Commissioner statements, both Starks and Rosenworcel have been critical of that broadcaster, which had an attempted deal with Tribune designated for hearing in 2018, over allegations the company may have shown a lack of candor. That ALJ proceeding ended in 2019 when the deal was withdrawn, but several broadcast attorneys said they expect the candor issue to re-emerge as license renewals for Sinclair’s stations come up in 2020 (see 1903050075). “This year, a decision from the agency revisited that notion and concluded that honesty with the FCC is a foundational requirement for holding a license,” Rosenworcel said. Sinclair didn’t comment.