Editor Note: This week Al Sikes, former Republican Federal Communications Commission Chairman, joined the Media and Democracy Project and media veterans Ervin S. Duggan and William Kristol to support a petition to deny the broadcast license renewal application for FOX Corporation-owned television station FOX 29 Philadelphia (WTXF-TV). This was his letter to Marlene H. Dortch, Secretary of Federal Communications Commission.
Dear Madam Secretary:
At first, I didn’t know whether it was perfunctory or probing. I had just signed a contract to buy KLGT FM licensed to Breckenridge, Colorado. Quickly I filed an application with the Federal Communications Commission (FCC) to seek approval as a licensee so I could begin operating the station.
The application for the transfer of ownership required me to operate the station in the “public interest”— that was the law.
I promised.
I filed that application in 1977. I was sworn in as FCC Chairman in 1989, twelve years later, still wondering whether operating in the “public interest” was just some bureaucratic construct or a legally enforceable requirement. The truth is, the answer is still elusive.
There are, of course, complaints about TV and radio content. Most often the defense to an allegation that a broadcaster has violated the “public interest” obligation in program content is that the First Amendment to the Constitution, guaranteeing free speech, protects the licensee.
Several weeks ago, I became aware of a challenge to the renewal of the license of WTXF-TV, in Philadelphia, Pennsylvania. It is owned by Fox Television Stations and its parent is Fox Corporation (controlled by the Rupert Murdoch family). The challenge distilled is: Fox lied repeatedly. (Fox would include both its cable channel and broadcast stations, because Rupert Murdoch and his family control them all.)
The charges stem from news and commentary in the aftermath of the 2020 election won by President Joe Biden. The petitioners, residents of the broadcast coverage area of WTXF, who are supported by the Media and Democracy Project, ask the FCC to deny the renewal of the station license. They allege:
“Fox knew that guests on their shows were questioning the truth. For example, on November 19, 2020, Tucker Carlson a FNC host texted Laura Ingraham, another FNC host, that ‘Sidney Powell is lying by the way. I caught her. It’s insane.’ Ms. Ingraham responded: “Sidney is a complete nut. No one will work with her. Ditto with Rudy.”
“Despite everyone knowing the truth, FOX continued to broadcast knowingly untrue news stories, supported by unreliable and untruthful guests. This was done entirely for financial gain. FOX was worried about a loss in audience and revenues. It knew that what it was broadcasting was not true. It also knew, or should have known, that it was causing tremendous damage to the country.”
It is of course no secret that much of what we think of as the media is owned by big companies who often have an amalgamation of stations, networks and cable channels, often feeding each other.
It is also no secret around Washington that when it comes to sanctioning licensees the FCC is essentially “all hat, no cattle”. Defenders of fecklessness argue that any penalty imposed because of station content at least flirts with the government censoring free speech. In short, these defenders say speech can be outrageous but nonetheless the speaker is free from government intervention.
A predecessor of mine equated a TV to a toaster with pictures. His colorful description was intended to say the FCC had no intention of “regulating speech” any more than elsewhere in the government an agency might choose to regulate the browning of a piece of bread. Without saying so his view was that the FCC has no interest in the meaning or effect of the requirement to operate in the “public interest”.
As Chairman of the FCC I opposed the advocacy of those who, for competitive reasons, tried to block Rupert Murdoch’s efforts to launch Fox Broadcasting Company – the long sought fourth Network. And I have been a listener/viewer off and on with notable exceptions to Fox News. It is in the promotion business. It has a decided point of view and pushes it. It has hired either true believers or good actors to make sure its airways push the desired narrative.
Interestingly a number of conservative commentators have chosen to cease being Fox news contributors because they would not promote a point of view regardless of the underlying facts. It is noteworthy that Fox declared Biden the winner in 2020; it was after all paying expert analysts to parse data to help it project winners and losers. And then much of its prime-time news coverage and opinionators fell in behind the Donald Trump version, not the Fox version of the outcome. They choose fiction over non-fiction to make many of its listeners and viewers happy. They knew the facts and decided to ignore them.
I repeat. The FCC has allowed the pledge to operate in the public interest to become perfunctory at best. If the public interest means anything, the FCC must designate for a hearing the application of the Murdoch’s and Fox for renewal of their license to operate Station WTXF, Philadelphia. That application should be closely scrutinized in public hearings and court rooms.
Respectfully submitted,
Alfred C. Sikes
Al Sikes is the former Chair of the Federal Communications Commission under George H.W. Bush. Al writes on themes from his book, Culture Leads Leaders Follow published by Koehler Books.
Reed Fawell 3 says
“The challenge distilled is: Fox lied repeatedly.”
Oh my, where does one start, when we swim in a sea of lies?
And by William Kristal of all people who fed off Fox news for decades.
Rick Megahan says
Mr. Sikes;
It seems to me that, if you are successful in negating a Fox broadcast license, you will be in favor of questioning the licenses of all networks that pushed the Russian collusion/dossier story for 4 plus years, as well as the concealment and mis-characterization of the Hunter Biden laptop story as well. Agree?
Julie Susman says
Bravo!
And, coming from you, with your experience and both broadcast and political credentials, it is even more meaningful. thank you.
J K Munson says
I question Sikes’s motive behind this letter…it absolutely does not pass the “sniff test”. This is a wholly transparent attempt at censorship built entirely upon specious arguments. The First Amendment was written specifically to address proposed government abuses such as this. Speech does not have to be “true” to benefit from this protection.
Unelected and unaccountable bureaucrats such as Sikes and his ilk are never the best arbiters of what is in the public interest…those decisions are best made by the PEOPLE either via market forces or through duly elected representatives.
The alphabet soup of agencies–FCC included–is a fertile breeding ground for petty tyrants, incompetent buffoons and shady characters pushing questionable ideologically-driven agendas, most clearly demonstrated by the current Administration. Sikes swam in that foul broth for a good part of his life and I question whether he’s managed to wash all the slime off himself.
Eric Ploeg says
It’ll be a sad day for America if ALL our “news” came through MSNBC or CNN (NYT and WaPo). We have no completely balanced and objective news source. Our own NPR has subconsciously become slightly skewed. Even Musk has proved how regimes influence the available information. As unpleasant as it may seem to some, Fox exposes another perspective which is too often overlooked. Consider it a checks and balance information system. Using common sense and judgement most adults should be able to distinguish truth from fiction.
Michael Pullen says
Excellent points. Attacking democratic election results for profit is antithetical to the public interest.
Charlie Bohn says
Why does the left continue to try to use censorship as a tool? Wondering about how other media outlets covered the Russia Hoax, the Laptop from Hell, etc. Please give it a rest on name calling and censorship attempts!
Barbara Denton says
If lying is the criteria every license for TV stations across the nation should be withdrawn. What a crock! You have got to be kidding. If I were you I would be embarrassed to write an article like this.
Mickey Terrone says
Mr. Sikes: Thank you for your perspectives as an industry insider and participant in the licensing processes and requirements. The issue of FOX News per se, as the “representative” of American right wing fanatacism is moot. There are already two other networks operating to the right of FOX. In fact, these other networks were an integral aspect of why FOX News behaved in the manner it did making itself vulnerable to massive lawsuits in the cases of Dominion Voting Systems’ $787 Million judgment and the current $2.7 Billion lawsuit by Smartmatic.
Thus, FOX News is expendable in terms of the extremist far right market having alternative outlets for the alternative “facts”, read, lies, they want to hear to continue to delude themselves from the truth and reality.
I’d also suggest refusing FOX News’ application would not put FOX out of business as they can rely on their entertainment and sports units for considerable income. Moreover, refusing to re-license FOX News would put all the other networks on notice that they must not participate in promoting politically motivated vile falsehoods on air in order to maintain market share. That FOX is paying a dear financial price (so far) and fired their leading perpetrator of these fallacies should have given their viewers pause that their favorite source of news is corrupt, dishonorable and lied to them daily under the false guise of news.
Ironically, the far right people are the ones who should be demanding the rescinding FOX News’ license as the network was lying to them. Clearly, those people do not want to hear the facts, they want to hear the lies because they have their own deranged agenda.
Reed Fawell says
Mr. Terrone yet again and regularly condemns off half the nation as fanatic because they do not agree with him personally.
Hugh Panero says
Bravo to Al Sikes. The Dominion Voting Systems $787M settlement in the defamation suit brought against Fox New, demonstrated that Fox News did not have the public interest in mind when is lied about Dominion knowing it was not true. Proving Malice is a high bar and Fox decided a jury trial would result in further damaging information coming out and an even larger settlement. Fox was chasing advertising dollars and lost sight of the truth. And Al Sikes does not represent the left, he is a pragmatic, moderate Republican, who remembers a day when news organizations had editors that decided what was news and not well paid opinion celebrities. Fox should look to the WSJ, a conservative newspaper, which Rupert Murdoch also owns, for some guidance how to do its job with integrity. It is not likely Fox’s renewal application will be denied in Philadelphia. However, more people needs to send a message that Fox’s past amplification of election lies was wrong and not in the public interest.
Reed Fawell 3 says
“Mr. Terrone yet again and regularly condemns off half the nation as fanatic because they do not agree with him personally.”
So does Mr. Panero.
“And Al Sikes does not represent the left, he is a pragmatic, moderate Republican, who remembers a day when news organizations had editors that decided what was news and not well paid opinion celebrities.” There was no such golden age of journalism. It’s aiways, in the main, with relative few exceptions, been biased, unfair, and far too often dishonest. Learn your history.