Wheeler Says Sinclair Hearing Should Proceed
The administrative law judge proceeding on Sinclair buying Tribune “must go forward” despite the deal’s dissolution, ex-FCC Chairman Tom Wheeler blogged Tuesday. The hearing should continue to allow Sinclair to present evidence on its behalf and demonstrate FCC independence in…
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the face of President Donald Trump’s tweet condemning the hearing designation order, Wheeler said. Tribune announced the collapse of the deal and a related lawsuit against Sinclair last week (see 1808090042). Trump's use of “such pejorative and judgmental terms” means the agency “has a responsibility to uphold the honor and integrity of its processes and not to allow a shadow to hang over its proceedings,” Wheeler said. “President Trump has hung a cloud over the FCC.” Attorneys for Sinclair wrote a letter to the general counsel of the Brookings Institution arguing the company didn’t deceive the FCC in response to a previous blog of Wheeler’s, he said (see 1807250057). Deciding whether to continue with the hearing is a “legacy defining decision,” for current FCC Chairman Ajit Pai, Wheeler said. Pai's choosing “a backroom consent decree deal” over a hearing would leave “serious unanswered questions,” Wheeler said. “How will the Commission treat Sinclair’s future transactions, its petitions to renew existing licenses when they expire, its future retransmission consent negotiations with cable operators that rely on good faith, or the new ATSC 3.0 television standard that it sponsors?” After taking “a victory lap for being tough on oversight,” Pai has to choose between giving “a pardon to the friend of the president” or continuing the hearing, Wheeler said. Sinclair didn’t comment.