Media and Democracy Project Appeals Dismissal of FOX Broadcast License Challenge FCC Wrongly Dismissed FOX License Challenge, Ignoring Key Legal and Character Standards
Washington, D.C.
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February 19, 2025 08:00 AM Eastern Standard Time
The Media and Democracy Project (MAD) announced that it has appealed the flawed decision by the Federal Communications Commission (FCC) Media Bureau (Bureau) to deny MAD’s Petition to Deny and grant the renewal application of Fox owned station WTXF-TV. The appeal highlights a series of serious errors that are inconsistent with the Commission’s prior precedent and The Communications Act.
“The decision by previous FCC leadership to ignore Rupert and Lachlan Murdoch’s serious character flaws highlighted in multiple court decisions was as misguided as the current Chair’s decision not to resurrect MAD’s petition,” said Brian Hansbury, Co-Founder of the Media and Democracy Project. “The adjudicated factual findings in the Dominion case, undisputed by Fox, form the backbone of our petition and clearly distinguish it from the frivolous challenges against other networks, which are nothing more than a hyper-partisan attempt to facilitate President Trump's terrifying attempts to censor and coerce speech.
The appeal systematically dismantles the Bureau’s rushed decision, highlighting critical flaws in its reasoning along the following key points:
- Character Matters – The Bureau’s interpretation of Section 309(k) contradicts FCC precedent and the Communications Act. The order cites selectively to past orders while ignoring others including a prior FCC decision rejecting the notion that a character review should be confined “solely to actions that took place at the station.” It was in a prior challenge to a Fox owned station license that the Bureau reaffirmed longstanding precedent, which directly contradicts the MAD dismissal.
- Fox’s Misconduct Shocks the Conscience – The Bureau erred in concluding that misconduct at an affiliated entity is irrelevant to a renewal application, even when it is so egregious that it shocks the conscience and raises substantial character concerns. It failed to apply the “shock the conscience” standard, which allows the Commission to consider character issues arising from non-adjudicated, non-FCC misconduct.
- Fox’s Actions Are Not Protected by The First Amendment – MAD’s Petition is not a First Amendment case. Preeminent First Amendment Champion Floyd Abrams settled that debate by filing in support of MAD’s petition. Yet the Bureau’s decision makes an oblique reference to it in dismissing the petition. All broadcast licensees have a statutory duty to operate in the public interest. This case concerns a corporation that, with the knowledge and approval of its top management, broadcast dangerous lies to millions of Americans, sought to overturn a presidential election, and helped incite a riot—all to protect its corporate profits. The issue before the FCC was never about Fox’s right to lie, but rather the consequences of those lies and whether they are a violation of the character requirements expected of those the FCC entrusts to hold a broadcast license.
- FCC Chair Rosenworcel’s Decision Was Politically Motivated – The prior Chair lumped MAD’s well-documented petition with politically motivated complaints in a shortsighted attempt to score headlines. MAD’s petition was clearly distinct from the others and based on the judicial findings in the Dominion case, which confirmed that Fox repeatedly made false statements that undermined our democracy. MAD also cites two other court decisions that found 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." Even Rupert’s own son, James Murdoch, recently described Fox News's approach as "lying to your audience" to "juice ratings,” according to press reports.
“Character cannot be disassembled—you cannot separate it,” said Alfred Sikes, former Republican FCC chair appointed by George H.W. Bush. “Character is character, whether it is done at a broadcast station or a cable channel. The FCC has a duty to overrule this order and hold a hearing so the Commission can follow the evidence. The FCC is a Commission of five persons after-all.”
MAD petition is supported by a variety of media and FCC veterans, including: Alfred Sikes, former Republican Chairman of the FCC, Ervin S. Duggan, former Democratic FCC Commissioner and former PBS President, William Kristol, longtime Editor of The Weekly Standard, William Reyner, longtime lead regulatory and commercial outside counsel To Murdoch/Fox, and Preston Padden, former executive of Fox Broadcasting Company and former lead lobbyist for Rupert Murdoch/News Corporation/Fox.
A copy of the application for review is available here. A link to a timeline of MAD’s petition is available here.
The Media and Democracy Project: MAD is a non-partisan, all-volunteer, grassroots organization focused on strengthening a free and independent media in the public interest. MAD aims to improve our national discourse so that American voters can engage in informed decision-making. As part of that goal, MAD has an interest in the responsibility of journalists and media to report fully, accurately, and fairly on the electoral process and the outcome of elections. Additional information is available at www.MediaAndDemocracyProject.Org.
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