Federal Communications Commission chairman Brendan Carr has reversed his predecessor Jessica Rosenworcel’s last-minute decision to dismiss three complaints against local CBS, ABC and NBC stations.
The complaints were filed by The Center for American Rights, a self-described “nonpartisan public interest law firm.” The firm accused ABC Philadelphia’s WPVI-TV of favoring Vice President Kamala Harris when the network hosted the September presidential debate, New York’s WCBS-TV for “news distortion” for the way Harris’ “60 Minutes” interview was edited, and New York’s WNBC-TV of violating the FCC’s equal time rule when Harris appeared on “Saturday Night Live” during the weekend leading up to the presidential election.
In her decision last week, Rosenworcel said that the complaints had aimed to “weaponize” the agency and were “at odds” with the First Amendment. In the order denying the complaints against WPVI and WCBS, the FCC said that the First Amendment restricts the agency from interfering with the free press. In the order denying the complaint against WNBC, the agency noted that the station complied with the equal time rule by giving Trump airtime the next day during a NASCAR race and an NFL “Sunday Night Football” game. She added that the FCC “should not be the President’s speech police” or “journalism’s censor-in-chief.”
But Carr argues that Rosenworcel’s order was “issued prematurely based on an insufficient investigatory record for the station-specific conduct at issue.”
“We therefore conclude that this complaint requires further consideration,” he added. “Thus, on our own motion and pursuant to our existing authority under section 1.113 of the Commission’s rules, we hereby set aside the Letter Order and reinstate the complaint.”
The decision to reinstate the complaints come as president Donald Trump has previously called for the broadcast licenses of ABC, NBC and CBS to be revoked over their coverage during the campaign.
Meanwhile, a fourth complaint filed by the Media and Democracy Project, which pushed to revoke the broadcast license of Fox Philadelphia’s WTXF-TV, will not have its dismissal reversed. The complaint, which was supported by former News Corp. government relations head Preston Padden, alleged that the Dominion Voting System lawsuit against Fox Corp. showed that Rupert and Lachlan Murdoch lacked the “character” to hold a broadcast license.
In the order denying the complaint against WTFX, the FCC said the character assessment requested is “at odds with the First Amendment and continued freedom of the press” and that previous actions that revoked broadcast licenses for “character” issues “involved the station’s clear failure to comply with agency rules (not at issue here) or a clearly adjudicated felony for the station owner (also not at issue here).”
In a joint statement, the Media and Democracy Project and Padden said they “look forward to presenting on appeal the multiple court decisions that raise serious questions about the Murdochs’ and Fox’s character qualifications to remain broadcast licensees.”
They noted that the petition is based on “judicial findings that Fox made repeated false statements that undermined the electoral process and resulted in property damage, injury and death; that Rupert and Lachlan Murdoch engaged in a ‘carefully crafted scheme’ in ‘bad faith’ to deprive Lachlan’s siblings of the control to which they are entitled under an irrevocable trust; and that ‘Murdoch knowingly caused the corporation to violate the law.’”
“As renowned First Amendment scholar Floyd Abrams stated in his filing with the Commission, the First Amendment is no bar to Commission action given the facts of this case. Our petition is clearly distinct from the other politically motivated complaints,” they added. “It simply will be wrong if the Murdochs and Fox escape any responsibility for their prominent role for the riot at the Capitol on January 6th and the efforts to overturn the results of a presidential election.”
Carr has previously said that the “news distortion” complaint against CBS is likely to arise in the context of the agency’s review of Paramount Global’s pending $8 billion merger with Skydance Media. The deal, which is on track to close in the first half of 2025, is subject to regulatory approval from the FCC due to a required transfer of broadcast licenses.
The Center for American Rights has asked that approval of the merger be conditioned upon Paramount’s commitment that it will avoid foreign influence and promote viewpoint diversity – going as far as suggesting the agency coordinate with the Committee on Foreign Investment in the United States (CFIUS) or other national security agencies to review the transaction.
It argues that an investment in Skydance from Tencent Holdings raises questions about “troubling questions about undue foreign influence from China.” It also claims that CBS News has “exhibited improper ideological bias” and that CBS Television has “apparently engaged in illegal racial quotas for its hiring.”
Skydance and Paramount have asked the FCC to dismiss the firm’s objections to the merger, arguing the viewpoint neutrality condition would “improperly encroach on broadcasters’ editorial discretion” and violate the First Amendment. They also said that the allegations of Chinese influence have “no factual foundation and are legally unavailing” and that Tencent’s “entirely passive, non-attributable, minority interests present no basis for concern about undue influence.”
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