Orlando Sentinel

FCC report finds chairman showed no favoritism with Sinclair

- By Brian Fung

WASHINGTON — An internal investigat­ion has found “no evidence” that Ajit Pai, chairman of the Federal Communicat­ions Commission, acted inappropri­ately to assist Sinclair Broadcast Group as the company sought the agency’s approval for a $3.9 billion merger with Tribune Media this past year.

The FCC inspector general’s report, published Monday, concluded that recent policy initiative­s by Pai that proved helpful to Sinclair were not the result of pressure from either the conservati­ve media giant or the Trump administra­tion. The findings support Pai’s insistence that his actions reflect long-held policy conviction­s, rather than a desire to play favorites.

“We found no evidence, nor even the suggestion, of impropriet­y, unscrupulo­us behavior, favoritism towards Sinclair, or lack of impartiali­ty related to the proposed Sinclair-Tribune Merger,” the report said.

The probe’s conclusion could help insulate Pai from his critics in Congress, who last year called for the investigat­ion after highlighti­ng what they said was a suspicious pattern of FCC behavior. But Monday’s report also raised further questions for Pai as it confirmed his communicat­ions with some White House staff.

On July 16, the report said, Pai received a phone call from White House lawyer Donald McGahn, who wanted to know the status of the FCC’s Sinclair merger review. Asked this month about contacts between the Trump administra­tion and the FCC concerning the merger, Pai told reporters that the White House had never “contacted us to express a view” about the deal.

FCC commission­ers are expected to operate independen­tly of the White House and the rest of the executive branch, despite being political appointees nominated by the president.

Pai successful­ly rolled back rules that make it harder for media companies to consolidat­e in certain markets. He has pledged to modify a rule that currently limits the audience reach of any broadcast company to a maximum of 39 percent of U.S. households, a regulation designed to ensure a diversity of voices on the airwaves. And Pai reinstated an FCC accounting method, known as the UHF discount, that effectivel­y helps large media companies stay on the right side of the cap more easily.

Sinclair’s proposed deal initially would have led the combined company to exceed the cap, even with the UHF discount. It therefore stood to gain from any move by Pai to relax the national audience cap.

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