The Media Access Project engaged in unlawful ex parte conduct whe...

case told the FCC. Media Access Project last week successfully urged the FCC to reconsider the sale of former long-time state Sen. Gene Stipe’s (D-Okla.) stations to the successor of his Senate seat, Richard Lerblance (D) (CD Feb 28 p4). Unbeknownst to the buyers and sellers, represented by Richard Zaragoza at the FCC level, Media Access Project Pres. Andrew Schwartzman had been conducting a “campaign” to prohibit the sale, Zaragoza said in a request for recusal and investigation into Media Access Project’s conduct. At issue is an unpublished staff decision approving the transfer. Schwartzman had argued the Commission had never before approved a license transfer where the licensee had been convicted of perjury. Schwartzman through several e-mails to Commission staff questioned the decision and then filed a letter explaining why he didn’t think his communications were subject to certain ex parte rules. Media Access Project could have filed public pleadings challenging the Bureau’s action but chose not to, Zaragoza said. He said his clients don’t condemn Media Access Project for wanting to communicate concerns over a transaction. “Instead, they condemn Media Access Project for the unlawful ways in which those communications were made, by presenting one- sided arguments that mischaracterize the facts and law, without offering the parties the opportunity to refute those arguments in a timely fashion,” he said. Media Access Project is forcing the parties to “unscramble the egg” at an enormous disruption to people’s lives including the potential health risk of Stipe, 78, who is already in poor health, he said. In response to the request Schwartzman said: “The petition attempts to divert attention from [Zaragoza’s] client and the Commission’s obligations to address matters relating to broadcasters’ licenses.”