FCC Rejects Appeal of 2009 Raycom Hawaii Affiliate Swap
The full FCC denied a 2011 application for review of a decision on a Raycom affiliation swap from 2009 and granted renewal of the station licenses, in what broadcast attorneys said is likely a prelude to FCC approval of Gray’s…
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proposed buy of Raycom. DOJ gave its nod to the deal Friday (see 1812140019). The appeal, filed by anti-consolidation group Media Council Hawaii, challenged Raycom’s swap of affiliations and shared services agreement with HITV, which led to Raycom’s ownership of top-four network Honolulu stations KHNL and KGMB and operation of HITV’s station KFVE Honolulu. Media Council had argued the swap allowed Raycom to break the commission’s duopoly rules, but Raycom said no FCC approval was needed for the transaction. “We affirm the Bureau’s determination that the duopoly rule did not bar the affiliation swap at issue here,” Monday’s order said. The FCC also said Raycom didn’t exercise undue control over KFVE. The order rejected Media Council allegations that Raycom and HITV misrepresented facts to the agency. “Media Council fails to support its character allegations against Raycom with evidence suggesting that Raycom intended to deceive the Commission, nor do we find any such indication based on a review of the record as a whole,” the order said.