Dead man tell no tales. But the evidence submitted to the FCC before he passed away, challenging dodgy, unlawful television station ownership by a major national broadcasting conglomerate, is still alive and well. Or, at least, it should be.

As covered at The BRAD BLOG in September of 2020, Baltimore resident Ihor Gawdiak and his attorney Arthur Belendiuk filed a Petition to Deny (PtD) the FCC license renewals of three TV stations controlled in Baltimore by Sinclair Broadcasting in apparent violation of both FCC ownership rules and federal law.

In brief, Gawdiak's petition detailed a complicated shell game carried out by Sinclair, one of the nation's largest owners of local television stations, to carry out the plot while staying beneath the FCC radar.

Sinclair claims ownership of Baltimore's WBFF-TV Channel 45, (which shares news reports from the Baltimore Sun newspaper, owned by Sinclair's Executive Chairman, David Smith, son of Sinclair's founder, Julian Sinclair Smith.) The David Smith family also controls both Cunningham Broadcasting and Deerfield Media which operate Baltimore's WNUV-TV and WUTB-TV, respectively. Both companies have very deep and direct ties to Sinclair. (Belendiuk found the "official" owner of Deerfield was Smith's personal banker, Stephen Mumblow, and the "official" owner of Cunningham is the company's former banker, Michael Anderson, who has no broadcast experience and actually served as a paid employee of Sinclair.)

The elaborate shell game, Gawkiak's complaint argued, is an effort to monopolize the information U.S. television viewers can access in their own local towns, by skirting FCC ownership limits in a single market. Petitioner Gawdiak's license challenge first went to Trump's Republican-controlled FCC during his first term, then was taken over by Biden's FCC. Now it is back in the hands of Trump's heavily-controlled Commission once again.

The FCC likely breathed a sigh of relief when Gawdiak passed away in 2023 before the matter was ultimately adjudicated. But then another petitioner, Baltimore resident Eleanor Goldfield, signed on to take his place. Finally, it would seem, someone at the FCC would have to take a formal look at the complex Sinclair scheme of forming sidecar companies under their complete control, designed to flaunt FCC rules with tacit approval of federal regulator.

After five years, Trump's Sinclair-friendly FCC finally responded formally to attorney Art Belendiuk on June 27, 2025, informing him that one FCC petitioner may not be substituted for another and, therefore, the Commission would not be taking up this longstanding case.

This is despite the FCC's own administrative law judge, in a related proceeding, demanding such an inquiry take place.

In 2018, Ajit Pai, Trump's Republican FCC Chair at the time, called an unprecedented public Hearing about deliberate untruths Sinclair made to the FCC in its effort to acquire Tribune Broadcasting. The hearing was scuttled after Sinclair went behind closed doors with the Commission. But it resulted in a stunning $48 million dollar fine. Still, the judge in that hearing, Jane Halprin, demanded these conflicts be thoroughly examined in a future hearing at the Commission, stating: "This alleged deception was ostensibly aimed at allowing Sinclair to bypass the Commission's multiple ownership limitations. ... the behavior of a multiple station owner before the Commission may be so fundamental to a licensee's operation that it is relevant to its qualifications to hold any station license."

The 2020 Petition from Gawdiak could have provided for the scrutiny Halprin called for in the earlier matter.

In 2021, Belendiuk filed a Freedom of Information Act request on my behalf to discover just what was said in those closed door meetings between the FCC Media Bureau and the FCC. It took two years, but following an appeal to the Federal District Court in Washington DC, the FCC finally caved and released those files, a treasure trove of an extremely complicated shell game. (I detailed the full story for Project Censored here.)

Later in 2023, Gawdiak passed away. In early 2024, Goldfield signed on to take his place in the case.

Lo and behold, on June 27, 2025, the FCC finally responded [PDF] by agreeing with the arguments from Sinclair's attorneys that "Goldfield missed her opportunity to participate in the proceeding when she failed to file by the September 1, 2020, deadline and that permitting the substitution here would 'make a mockery of the Commission's deadlines and processes.'"

(As if the FCC waiting four years 10 months and 27 days to respond to a legal petition doesn't alone make a mockery of Commission deadlines and processes.)

In the bargain, the FCC subsquently allowed Sinclair to renew its Baltimore licenses.

But it ain't over until it's over. July 28, 2025, Belendiuk, the original attorney on the case, filed an Application for Review of the FCC's "decision." He raises the following three questions:

1. Did the FCC Media Bureau err in denying the Motion, given Gawdiak's inability to survive the almost five years the Commission waited to act on the Petition?
2. Did the Media Bureau err in failing to address the Petition as an informal objection to the Applications?
3. Did the Media Bureau err in granting the Applications without addressing the substance of the Petition?

It is entirely possible the FCC will not be the ultimate arbiter of this case. It could go to the U.S. Court of Appeals. (If we live that long.)

Aside: In April 2025, public interest watchdog and advocacy group Frequency Forward and Wisconsin member Randy Bryce put still more pressure on Sinclair when they filed their own Petition to Deny the license transfer applications of Wisconsin and other TV station licenses held by Sinclair Broadcasting, using much of the information gleaned from my FOIA.

The FCC swiftly denied that challenge on July 1, 2025. Says petitioner Bryce, who ran for Congress in the Badger State in 2018 and is running again next year: "It's outrageous that the FCC has been changed from a nonpartisan entity to a political arm of the extreme right. Their purpose should be to protect free speech, not stifle it."

APTRA, RTNDA, PRNDI and Emmy-winning Sue Wilson worked at CBS, PBS, NPR and Fox before directing the documentary Broadcast Blues, writing the blog Sue Wilson Reports and founding the Media Action Center. Reach her at SueWilsonReports@gmail, or via Bluesky or Twitter.

It's time to speak up loudly to the FCC to save our local TV news! The newly captured and Trump-led Federal Communications Commission is taking comments right now from the public about any and all broadcast regulations we think should be changed or removed entirely. It sounds innocuous enough, but...the so-called "Delete, Delete, Delete" initiative is aimed at nothing less than destroying all competition in local TV news, effectively destroying local news itself...

There are two issues of note here, both designed to prevent a single giant corporation from having too large of a voice in both our local communities and our national zeitgeist. Nationally, the 1996 Telecommunications Act provides that one TV broadcaster may reach no more than 39% of the total U.S. population. Locally, FCC Rules mandate that broadcasters may license One network TV station (ABC, CBS, FOX, NBC) plus one non-network (think CW) station in a single local TV market unless they obtain a waiver from the Commission. The National Association of Broadcasters are trying to upend both (and falsely claiming the 39% cap is an FCC rule, when it is actual statutory law.)

How many of you switch from one local TV station to another, only to see the exact same report? Not just the same reporter, but the exact same report? It's happening all across the nation. I have witnessed it, and so have millions. This is the model Big Broadcasting (Sinclair, Nexstar, Tegna and others) are already using. Now, potentially with the help of their own regulators on a captured FCC, they're trying to expand that model.

This pattern plays out in dozens of local TV markets across the United States, and not just with Sinclair, a notorious right-wing outlet. As my organization, Media Action Center, pointed out in Comments to the FCC and an Amicus Brief to the U.S. Supreme Court, when Nexstar, Sinclair, Tegna and others control two or three stations in the same town, they merely broadcast the exact same stories across all of their stations.

Last month, the new Trump-confirmed FCC Chair Brendan Carr put out a statement on X/Twitter describing his deregulatory "Delete, Delete, Delete!" initiative. The text of the tweet with the attachment statement trumpeted: "NEW: Chairman Carr has announced a massive new deregulatory initiative, opening up a docket to seek comment on every rule, regulation or guidance document that the FCC should eliminate to alleviate unnecessary regulatory burdens." The statement itself explains: "The FCC is committed to ending all the rules and regulations that are no longer necessary. And we welcome the public's participation and feedback throughout this process."

Isn't this great? A Federal Agency asking We the People what we think! Except...Most people don't know that much about broadcast policy or regulations, burdensome or otherwise. Most don't know that We the People own the airwaves and Big Media must be licensed to broadcast over our airwaves, and there are laws and rules protecting our interests.

So what did Nexstar Media Group do in response?...

On Wednesday, a jury in Waterbury, Connecticut awarded parents of schoolchildren slain by a gunman's bullets an extraordinary $965 million in damages because far-right propagandist, conspiracy theorist and huckster Alex Jones publicly defamed them. He did so on U.S. radio stations which are licensed by the federal government to serve in the public interest. (The jury's award on Wednesday follows a $49 million award to Sandy Hook parents in a separate case decided in Texas on August 5.)

Jones and guests on his InfoWars show, broadcast as a radio program over our public airwaves and over the Internet, falsely and repeatedly claimed the 2012 Sandy Hook elementary school shooting was a hoax. He told millions of listeners no children were shot; that grieving parents were actually paid "crisis actors"; that the entire shooting, which took the lives of 20 first-graders and six adults, was staged by gun opponents to somehow further their agenda.

As determined by both the Texas and Connecticut cases, these radio broadcasts caused some of Jones' deranged listeners to threaten the grieving parents' lives. According to court documents, Leonard Pozner, whose six-year old son Noah was killed, received threatening voicemails: "You gonna die. Death is coming to you real soon." Pozner and his wife relocated seven times to avoid harassment based on Jones' remarks. Each time they moved, Jones' followers published their new addresses online. "Sometimes I lie awake at night worrying that despite our efforts at security, a determined conspiracy fanatic might gain entry to our home," said Noah's mother, Veronique De La Rosa.

Why is Jones allowed to use our publicly-owned radio airwaves to spread these dangerous lies? To encourage his listeners to cause direct harm to innocent individuals who have already suffered more grief than we can imagine? It should be against the law. It already, kind of, is...

While I was researching a piece last September about Sinclair Broadcasting's illegal TV ownership shell game, I stumbled into a Supreme Court case. Donald Trump's Federal Communications Commission Chair, Ajit Pai, had filed a case at SCOTUS, Federal Communications Commission v. Prometheus Radio Project [PDF], which would allow one media conglomerate to own the local newspaper, 2 network TV stations, 1-2 additional TV stations, and 8 radio stations --- all in the same community.

The Third Circuit U.S. Court of Appeals had previously found, in 2017, that the FCC failed to adequately study the matter before making the rules change that would adversely affect ownership of media outlets by women and minorities.

But the danger of the scheme to all of us was immediately apparent. Imagine the potential for propaganda by allowing one company to control the local reporters in virtually every media outlet in a single town!

I had already discovered that Sinclair Broadcasting was illegally controlling three TV stations in Columbus, Ohio, and doing little more than duplicating local news content across all three stations. So, on advice of my colleague and friend Brad Friedman, I began writing an Amicus ("Friend of the Court") brief in the case to inform the U.S. Supreme Court of this and other related information.

My first step was to find the research papers the FCC had done on the topic before its Chair --- on behalf of we, the people --- filed its case with SCOTUS. To my surprise, however, I found there were none. Zip, nada, nothing. The FCC was literally taking a case to the Supreme Court in which it had done no independent research at all...

Baltimore's crowded TV market highlights the shell game that media goliath Sinclair Broadcasting plays across the nation to illegally dominate the information Americans can consume over our public airwaves. The agency tasked with overseeing those airwaves, the Federal Communications Commission (FCC) has long turned a blind eye to allow Sinclair, the very powerful purveyor of rightwing propaganda, to violate US law.

Congress passed the Telecommunications Act [PDF] so no single television company could dominate the news and information available to "We the People" in any single market or even nationwide. Under the law, a single TV company is permitted to reach no more than 39% of viewers in the United States over all. In a single local broadcast market, one company may apply to own two stations --- if there are nine or more stations in that market.

Baltimore has just eight stations, and three of them are actually owned by Sinclair: WBFF, WNUV, and WUTB.

Sinclair lawyers (who also represent Cunningham Broadcasting and Deerfield Media) will say Sinclair owns WBFF, Cunningham owns WNUV and Deerfield owns WUTB. But, in a September 1 legal Petition to Deny the renewal of all three stations' licenses, due to both the shell game and the lies Sinclair has told to protect its unlawful ownership, Republican attorney Art Belendiuk researched Securities and Exchange Commission (SEC) documents to prove that both Deerfield and Cunningham are actually both controlled by Sinclair.

"Sinclair controls three television stations in Baltimore, while the FCC rules do not permit it to control more than one," the petition, filed on behalf of local viewer Ihor Gawdiak, argues, while detailing how the shell game of nominal ownership by the other two companies is simply meant to mask Sinclair's violation of federal law...

On October 24, 1998, a group of activists from across the United States gathered in Washington DC to protest the Ken Starr investigation into Bill Clinton in the first rally ever organized on the Internet.

Darrell Hampton's umbrella group "We the People" was generally outraged at Starr's excesses; White House staffer Bob Weiner railed against Ken Starr for subpoenaing him for eating ice cream with a fellow Democrat; the fledgling group "Censure and MoveOn" (later to become MoveOn.org) was featured; and my "Truth in America Project" focused on the biased media promoting the investigation, media which had recently gained its dominance from the 1996 Telecommunications Act.

We all understood the long drawn out Grand Jury investigation of Bill Clinton had found no crimes, and so Starr et al manufactured a perjury trap to have an excuse to impeach the President. As I said on the Ellipse in front of the White House, "Is it okay for a big government attorney to work with a private civil lawyer to see if they can figure out a way to get a man to lie about his sex life so they can prosecute him for it?"

But what was just coming to light, and what has had a lasting damaging legacy, is the effect of the 1996 Telecommunications Act on our political landscape.

Brief history: When radio and television were first invented, broadcast pioneers and government officials recognized that radio had the potential to entertain and inform, but when used improperly, also to brainwash a population. So Congress passed the 1934 Communications Act, which limited any one owner in the United States to owning just 9 stations nationwide: 3 AM radio stations, 3 FM radio stations, 3 TV stations. The thinking was that by having multiple local owners, no one person could dominate the (publicly owned) airwaves with political rhetoric.

Ah, those were the days...

There has been a battle between Elizabeth Warren v. Mark Zuckerberg and Facebook since the social media giant started accepting incendiary paid advertisements from President Donald Trump in which his campaigns makes claims about former Vice President and Presidential candidate Joe Biden that are, to put it mildly, less than true.

Recently, Warren, in a gutsy move, shot back with an ad that willfully lied about Zuck and Trump so she could make a valid point about Facebook's recent policy of allowing candidates' ads to run on Facebook without any vetting of facts.

What is really at issue is whether laws developed for local broadcast licensees can --- or should --- apply to social media platforms and, really, whether any outlets should be allowed to make billions of dollars knowingly running ads that lie and purposely misinform the public.

In her ad, Warren first claims "Breaking news: Mark Zuckerberg and Facebook have endorsed Trump for re-election!" Then she writes, "you might be thinking, how could this possibly be true? Well, it's not. (sorry.)" Warren goes on to make the point that what the Facebook CEO is doing in avoiding responsibility for all fact-checking on the massive social media site is giving Trump permission to lie --- so long as he pays Facebook "gobs of money" to spread those lies to voters. She draws a distinction between the way TV networks and Facebook are handling the ads: "If Trump tries to lie in a TV ad, most networks will refuse to air it. But Facebook just cashes Trumps checks."

Facebook responded, ironically enough, in a tweet...

Two days before Thanksgiving, the Federal Communications Commission announced [PDF] it will vote December 14 on a new Federal rule that may very easily take away our Freedom of Speech on the Internet.

That's not an exaggeration.

The three Republican presidential appointees on the FCC will pass a federal rule that could result in any content provider with a website or app --- from AirBnb to Zillow to The BRAD BLOG --- being forced to pay your Internet Service Provider big fees for the privilege of bringing their content onto your device or computer. If they don't pay up, their content slows down, and you can't get the content you want unless you wait. And wait. Research shows if you wait just ten seconds, many just give up. It's not so bad for content from well-funded players, but what happens when the guy who blogs about your local school board gets shut out? Chalk another one up for Big Media controlling what information we are allowed to see...

Over the weekend, Dan Morain, editorial page editor at Sacramento Bee, wrote an article about what I've been working on, and writing about here at The BRAD BLOG and elsewhere, for many years now.

Morain's article starts this way:

It's a very nice article, that begins with a tragic story. That story, however, now has at least a somewhat encouraging ending for, yes, We the People.

Here's what happened...

Republican Presidential contenders Donald Trump and Ted Cruz are at war over what they charge to be false political ads against each other. It's one battle in this bizarre and contentious campaign year which could actually benefit us all.

The Cruz campaign has been running a series of attack ads about Trump's position on abortion, which Politifact reviewed and described as "flawed." In response to what he calls Cruz' "lying ads", Trump has threatened to file a suit charging that Cruz, who was born in Canada, may not be eligible for the Presidency.

Meanwhile, a SuperPAC called the American Future Fund ran an attack ad against Cruz calling him "weak" on defense, which the group Fact Check reviewed and found to be "misleading." Cruz' response was to have his attorneys write a sternly worded letter to the TV stations running the ad against him, demanding they pull it, citing FCC public interest obligations and more.

"Because this advertisement makes a flatly false factual claim for which your station is ultimately liable," the Cruz attorneys wrote, "we strongly urge you to exercise your discretion as a licensee to refuse to continue to broadcast this advertisement, and, because it is already airing, immediately pull the advertisement from your rotation."

In this case, the Cruz attorneys are right, at least in regard to the legal issues at stake...

It's been an entire year since the First Amendment suffered a gigantic blow as a result of the 2012 Scott Walker recall campaign in Wisconsin, though it's one that very few Americans above and beyond astute BRAD BLOG readers, even know about. And now, there is another threat to Free Speech, stemming from that same recall of GOP Presidential hopeful Walker looming at the Wisconsin State Supreme Court.

Walker's attorneys are now arguing at the Wisconsin State Supreme Court that it is a violation of the First Amendment rights to even investigate whether the Walker campaign broke state law by the controversial candidate personally soliciting funds from non-profit, tax-exempt 501(c)(4) groups so donors to his campaign could remain secret. In a separate gambit, they also tried to make that case to the United States Supreme Court, which early Monday sent the case back to Wisconsin.

And it now appears that Right Wing Radio talkers --- at the core of a very real First Amendment blow suffered one year ago --- are, once again, in the thick of all of it.

This is all related to what Media Action Center (MAC) members discovered during the 2012 recall campaign when talk hosts on Wisconsin radio giants WTMJ and WISN gave hundreds of hours of free airtime for GOP luminaries like Republican National Committee Chair Reince Priebus and Wisconsin GOP Vice Chair Brian Schimming in order to promote and recruit volunteers for Walker during that contentious campaign....

The 2014 FCC has now spoken [PDF] in response to a complaint filed by my not-for-profit, the Media Action Center (MAC). Unfortunately, their response comes as little surprise.

It might, however, come as a surprise to the 1972 FCC. That year, the Federal Communications Commission discussed a ruling that became known as the "Zapple Doctrine". The rule extended the federal agency's interpretation of the equal time provisions, Section 315 of the Communications Act, to apply to supporters of candidates, as well as candidates themselves. If airtime was granted to a candidate over the public airwaves, equal time had to be made available to his or her opponent, if it was requested.

Zapple expanded the equal time provision to apply to supporters of candidates as well. It only made common sense, as the FCC explained in 1972...

"Exaggerated, hypothetical situations that would never arise?" Really? "No licensee would try to act in such an arbitrary fashion"?

Hey, 1972 FCC, please meet the 2014 FCC.

On May 8, 2014, the FCC, issued their response to MAC's complaint, filed after we discovered that two Milwaukee, Wisconsin powerhouse radio stations were giving millions of dollars in free airtime to supporters of GOP gubernatorial candidate Scott Walker, and not allowing supporters of his Democratic opponent any free airtime at all --- all in rather clear violation of the FCC's Zapple Doctrine...

Guess who is popping the champagne cork over this week's Supreme Court ruling in McCutcheon vs. FEC, which will allow wealthy individuals to donate virtually unlimited dollars to candidates, political parties, and political action groups?

Why, broadcasters, of course. The same companies which operate on our publicly owned airwaves stand to gain the most from McCutcheon and its earlier obscene counterpart, Citizens United.

On Thursday, the radio industry newsletter Inside Radio wrote [subscription req'd] that the McCutcheon decision was "likely to boost [ad] spending" in 2014. They explain that the 2010 Citizens United decision "opened the floodgates to more dollars in politics and the result was record campaign spending on radio in 2012." They predict that the Court's ruling this week "could help spur even more spending."

In another piece this week [also subscription req'd] the newsletter trumpets:

$180 million? That's chump change when it comes to what the television industry stands to make. Bloomberg reports that TV stations will make in excess of $2.5 billion --- with a "B" --- from political ad sales in 2014. And that's nothing compared to what they expect to make in 2016 during a Presidential race.

And of course, many, if not most of those ads mislead or outright lie to the very public in whose interest the broadcasters are licensed to serve.

Am I the only one who sees something wrong with this picture?

Overturning Citizens United and McCutcheon may take years, decades even, if it ever happens at all. But given that We the People have real power as the owners of the airwaves, I see some ways we can reduce at least some of the political ad spending, and perhaps take a lot of money out of politics...

The question I hear time and time again from audiences who see my documentary film, Broadcast Blues is, "Why did you leave your lucrative career in broadcasting to become a media reform activist?"

The truth is that, once upon a time, I worked in a newsroom where a corporate owner ordered me, a reporter, to skew my reporting to purposely make a man on trial for murder --- look guilty.

In an instant, my entire life changed. The trust I'd had in my news organization vanished. And the deeper I looked into the way corporate owners manage the message they want the public to hear, the more disillusioned I became.

There is more to that story --- so much more --- but you'll have to wait for me to finish my book to get all the chilling details on it.

But this is the kind of story that many reporters could tell, if only they dared. But when they dare, as Jane Akre and Steve Wilson did, they can get fired for telling the truth. (Who can forget the story of these Fox affiliate investigative reporters who tried to report on Monsanto Bovine Growth Hormone being injected into cattle, only for it to then be found in the milk supply, which experts said could cause cancer? WTVT fired them after Monsanto complained to Fox "News" chief Roger Ailes.) The reporters filed a whistleblower suit, and Akre won. But Fox won in the end, by getting a court order that, legally, news does not have to be true. Akre and Wilson lost not only their jobs, but ended up having to pay Fox' attorney fees. (See my story from Broadcast Blues on this case, including courtroom footage here.)

This is the kind of information I suspect the FCC was hoping to tease out in their planned "Multi-market Study of Critical Information Needs" [PDF] which, as I wrote last week at The BRAD BLOG, sparked a right wing firestorm in recent weeks when Republican FCC Commissioner Ajit Pai went public with a Wall Street Journal op-ed accusing his colleagues of "meddling with the news" by simply asking voluntary questions of newsrooms. The study was part of the FCC's statutory requirement to report to Congress every three years, as they have for decades, on identifying "barriers to entry into the communications marketplace faced by entrepreneurs and other small businesses."

The question for reporters from the CIN study that was most disturbing to Pai: "Have you ever suggested coverage of what you consider a story with critical information for your customers that was rejected by management?"...

The entire right-wing mediasphere flexed its powerful muscles last week against its only regulator, the Federal Communications Commission.

It started when the new Republican FCC Commissioner, Ajit Pai, ignored traditional inter-agency channels and went straight to the Rupert Murdoch-owned Wall Street Journal to accuse his colleagues of "meddling with the news."

That was all it took.

Pai's beef? That the FCC would be conducting a "Multi-Market Study of Critical Information Needs" (CIN) to question radio and TV reporters and editors about how they determine which stories to run and which not to run. The study would also ask ask about "perceived station bias" and "perceived responsiveness to underserved populations."

As I reported at The BRAD BLOG way back in 2011, "The FCC is tasked with making sure the broadcast media --- via the limited broadcast spectrum which is owned by we, the people --- serves the public interest. Every four years, as required by the 1996 Telecommunications Act, the FCC must revisit the issue of public interest in media ownership." Despite the right wing hyperventilation over the nefariousness of the CIN study, it's simply part of the FCC's statutory mandate, as explained here.

What's most interesting, however, is that Pai enlisted the very same right wing Pied Pipers who have long taken control of and, indeed, dominate the very airwaves we ALL own, and which most of us agree need more diversity and public oversight --- in hopes of intimidating the new Democratic FCC Chair Tom Wheeler into providing less diversity and public oversight.

That bit of upside-down policy jujitsu was, ironically enough, enabled by the tremendous power of broadcasting over our publicly-owned airwaves.

Following the siren call of Pai's piping, both Rush Limbaugh and Glenn Beck dutifully took to those airwaves coast-to-coast to work their 30 million or so radio listeners into a frenzy to prevent the FCC from following the agency's decades-long mandate for determining whether local broadcast news organizations are serving the "public interest" or whether they are merely producing news stories mandated by their corporate owners.

Pai's ploy appears to have worked...