A Maryland AM station that airs programming from Russia-sponsored news channel Radio Sputnik is violating FCC political file rules because the channel’s content is effectively paid political advertising, said a complaint Thursday from the Ukrainian Congress Committee of America. The complaint, which calls for a forfeiture of at least $10 million, is the UCCA’s latest salvo against WZHF Capitol Heights and owners Arthur and Yvonne Liu of Way Broadcasting -- the group has filed two petitions against the station’s license that have yet to draw an FCC response (see 2203230054). “There are well established FCC rules that require that Arthur and Yvonne Liu disclose in their political file all incidents of paid discussion of matters of national importance,” said Thursday’s complaint. “This they have not done in willful violation of the Communications Act and the FCC’s rules and policies.” WZHF leases all of its airtime to RM Broadcasting, which has the deal to air Radio Sputnik content. Documentation filed under the Foreign Agents Registration Act shows that Way Broadcasting receives $35,000 a month under that arrangement, and WZHF’s content routinely concerns President Joe Biden, former President Donald Trump, U.S. policy in Ukraine and Israel, and the 2024 Republican presidential primary, UCCA said. “The Enforcement Bureau should order Arthur and Yvonne Liu to provide at least two years of data on what exactly their station is broadcasting,” said the complaint. The Communications Act “requires that each incident of political advertising be disclosed and properly filed in WZHF’s public inspection file.” Way Broadcasting didn’t comment.
The FCC unanimously approved all its agenda items at Thursday's open meeting, including orders on mandatory outage reporting, mitigating orbital debris and misrouted 911 calls. The agency also announced millions of dollars in proposed pirate radio fines and FCC Chairwoman Jessica Rosenworcel commented on former President Donald Trump's remarks about revoking the “licenses” of CNN and NBC over their coverage of him (see 2401170050). “The First Amendment is something we take seriously and I take seriously,” Rosenworcel said. Commissioner Brendan Carr declined comment on the former president's remarks.
House Administration Committee ranking member Joe Morelle, D-N.Y., urged the DOJ Monday to investigate reports “that a party or parties unknown are attempting to confuse and disenfranchise New Hampshire voters using AI-generated robocalls” impersonating President Joe Biden ahead of the state’s Tuesday presidential primary election. The office of New Hampshire Attorney General John Formella is investigating the robocall, in which an AI-generated voice mimicking Biden says that “it’s important that you save your vote for the November election” and that voting in the Tuesday primary “only enables the Republicans in their quest to elect Donald Trump again. Your vote makes a difference in November, not this Tuesday.” New Hampshire’s Tuesday Democratic contest is nonbinding, but the GOP primary will award 22 delegates to candidates on a proportional basis. “This clear bid to interfere in the New Hampshire primary demands a thorough investigation and a forceful response from federal officials to deter further AI-based attacks that will disrupt American democracy and disenfranchise American Voters,” Morelle said in a letter to U.S. Attorney General Merrick Garland. “If Congress can strengthen law enforcement’s ability to detect and prevent AI-based attempts to subvert our elections, we look forward to working with you to identify and achieve any meaningful and well-defined standards to protect our democracy.” DOJ didn’t immediately comment.
Former President Donald Trump said Tuesday that NBC and CNN are “crooked, they’re dishonest and, frankly, they should have their licenses or whatever they have taken away” because the networks didn’t carry his victory speech after the Iowa caucuses for the 2024 Republican presidential election. The networks covered the speeches of other Republican presidential hopefuls from Iowa. The FCC didn’t comment, but the agency doesn’t issue licenses to cable channels or networks. “I was surprised that those networks didn’t carry Trump’s victory speech, but their right to choose to carry it or not is within their editorial discretion protected by the First Amendment,” said Free State Foundation President Randolph May. A station repeatedly refusing to carry a candidate’s speeches while treating other candidates differently could raise an issue of whether the FCC’s reasonable access rules were violated, May said. "The FCC is an independent agency for a reason. It never could and never should bow to such ridiculous threats from a would-be executive,” said Matt Wood, Free Press vice president-policy. “Of course, even his saber-rattling here is dangerous, and designed to chill freedom of the press and editorial discretion.” Last year, Trump promised NBCU’s parent Comcast would be scrutinized for “treason” if he becomes president again (see 2309290042). Trump made similar comments against media companies many times during his presidency. Trump’s FCC Chairman Ajit Pai said then that the agency lacks the authority to rescind broadcast licenses based on their content (see 1809040051). Comcast, CNN parent Warner Bros. Discovery, NAB, NCTA and all five FCC commissioners didn’t comment Wednesday.
The U.S. Supreme Court’s conservative majority appeared receptive to industry arguments that the court should overturn, or at least narrow, the Chevron doctrine, which gives agencies like the FCC and FTC deference in interpreting laws that Congress passes. The court heard oral argument Wednesday for more than 3.5 hours in two cases challenging Chevron deference, Loper Bright Enterprises v. Raimondo and Relentless v. Commerce. Both concern fishing regulations and don’t touch directly on communications regulation.
Industry lawyers and analysts expect a busy start for the FCC in 2024, with the 3-2 Democratic majority able to approve items without the FCC’s two Republicans, and Chairwoman Jessica Rosenworcel eager to address priorities before the usual freeze in the months before and after a presidential election.
Statistics suggest antitrust enforcement by the FTC and DOJ hasn’t been markedly different from previous administrations, but the numbers don’t fully capture the deterrent effect of policies championed by FTC Chair Lina Khan and DOJ Antitrust Division Chief Jonathan Kanter, antitrust experts told us in interviews.
The FCC hasn’t provided much guidance in recent months about where it’s headed on final rules for the 4.9 GHz band, industry officials tracking the band told us. Nearly a year ago, commissioners approved 4-0 a long-awaited order and Further NPRM on the future of the band (see 2301180062), which reversed course from a plan approved during the Trump administration.