The Federal Communications Commission’s Media Bureau has dismissed a petition that sought to eliminate the agency’s long-standing news distortion policy, ruling that the filing was procedurally defective and not authorized under the commission’s rules.
In a decision released this week, Acting Media Bureau Chief Alex Sanjenis rejected a Petition for Special Relief submitted by a group of former FCC officials, media advocates and attorneys, including TechF reedom President Berin Szóka, attorney Andrew Jay Schwartzman and former FCC commissioner nominee Gigi Sohn.
The petition argued that the FCC should not investigate or penalize broadcasters for allegedly distorting, slanting or staging news coverage unless the conduct independently violated the commission’s rules governing broadcast hoaxes.
Supporters of the petition contended that the news distortion policy has become a tool that can be used to chill press freedom and discourage critical journalism.
Sanjenis, however, concluded that the filing failed to identify a valid procedural mechanism under FCC rules that would allow the commission to consider the request.
“As former FCC officials and Petitioners may know, FCC rules recognize and permit the filing of various types of petitions and other pleadings,” Sanjenis wrote. He noted that the petition appeared to rely on Section 76.7 of the FCC’s cable television rules, which governs requests for special relief.
But Sanjenis said those provisions apply only in specific circumstances, such as requests to waive Part 76 cable rules, resolve complaints, revoke local franchising authority certifications or initiate forfeiture proceedings.
“That is not the type of relief that Petitioners appear to be seeking in their Petition for Special Relief,” Sanjenis wrote. “Petitioners have failed to present their request in a manner that is cognizable under our rules.”
As a result, the bureau dismissed the petition without addressing the underlying arguments concerning the news distortion policy.
The initial challenge was launched by a number of former FCC officials on both sides of the political aisle, including former FCC Chairman Tom Wheeler, Alfred Sykes, Mark Fowler, Dennis Patrick, Christopher Wright and Rachelle Chong.
The group argued that the policy, originally intended to address deliberate falsification of news, has become weaponized by the Trump administration to punish political opponents for what is otherwise protected speech and expression on licensed radio and TV stations.
FCC Chairman Brendan Carr, appointed by President Donald Trump early last year, has sent letters of inquiries to a number of broadcasters, including the Walt Disney Company’s ABC, over purported violations of the agency’s rules. In some cases, those letters have evolved into enforcement actions, with ABC asked to renew its eight local TV broadcast licenses early over the company’s alleged use of diversity, equity and inclusiveness (DEI) practices in its hiring and promotional activities.
Disney is also under scrutiny for airing an interview with Texas Representative James Talarico in February, while Talarico was campaigning for a U.S. Senate seat. The interview was conducted by “The View,” a daytime talk show that has long been exempt from the FCC’s “equal time” rules after being recognized as a bona fide news program for years.
This week, Disney began airing public service announcements encouraging its viewers to file comments with the FCC in support of ABC. So far, more than 20,000 comments have been filed with the agency, according to a public interest group who is monitoring those submissions.
