After a hard-hitting piece analyzing the close ties between President Donald J. Trump, FCC Chairman Ajit Pai, and Sinclair Broadcasting appeared in this morning’s New York Times, a group of leading House Democrats serving on the House Energy & Commerce Committee have written Mr. Pai asking for answers about his possible “favorable treatment” of Sinclair Broadcasting since becoming Chairman of the FCC.

These reports, according to the letter, raise two overarching questions:

• Whether actions taken by the FCC under your leadership show a pattern of preferential treatment for Sinclair, and
• Whether a series of interactions between your office, the Trump Campaign and Trump Administration, and Sinclair demonstrate inappropriate coordination.

The letter’s signers — all Democrats — are Rep. Frank Pallone, Jr. (ranking member of the full committee), Rep. Mike Doyle (ranking member of the Communications and Technology Subcommittee), and Rep. Diana DeGette (ranking member, Subcommittee on Oversight and Investigations).

The 12-page letter presents Pai with multiple examples of potential collusion and favorable treatment of a television station group that airs mandatory pro-Trump Administration commentaries on all of its local newscasts, employs a former Trump campaign aide, has sought private meetings with administration officials , and has made substantial campaign contributions.

The Times article appears to be the source for most of the concern expressed in the letter, which lays out multiple issues and seeks Mr. Pai’s comments and explanations.

At the beginning of the Trump Administration, the Democrats claim, Mr. Pai has undertaken a number of actions in his role as Chairman of the FCC that fall squarely in line with the corporate expansion agenda at Sinclair Broadcast Group. Among the most important was Mr. Pai’s sudden decision to bring a party-line vote to reinstate an archaic UHF Discount rule, which allows a company to downgrade the reach of its UHF stations for the purposes of determining if it is within the FCC’s limit of one station owner reaching no more than 39% of the country. This “discount” was established at a time when analog television signals on the UHF band (Channels 14+) were at a distinct coverage disadvantage over stations occupying the VHF (Channels 2-13) band. The discount was retired after the U.S. switched to digital television broadcasting, which largely eliminated this coverage disparity.

TV station owners saw a revival of the UHF Discount not as a way to deal with reception differences, but rather as a loophole to launch new acquisitions by discounting the coverage of their current stations. Only one company – Sinclair Broadcasting – stood to gain the most from the reinstatement of the UHF Discount. Almost on cue, two weeks after Pai brought this obscure rule up and reinstated it on a 2-1 vote, Sinclair announced a blockbuster merger with Tribune to acquire stations that will allow Sinclair to cover 70% of the United States, a number impossible to achieve without Pai’s support for the UHF Discount.

Democrats argue this was not what Congress intended, and it allows one station owner to own and control approximately double the number of stations the ownership cap would normally prohibit. They argue such a deal will reduce the diversity of media voices in communities across the country, especially in markets where Sinclair will own and operate more than one television station.

The Democrats are also upset the FCC, under Pai’s leadership, appears to be in a hurry to get this deal reviewed and likely approved. It set a review window of just 30 days for public comment, considerably shorter than earlier, less controversial acquisition deals. Critics of the deal contend that the FCC is giving inadequate consideration of the deal’s lack of public interest benefits, and Sinclair’s application is vague and its claims are difficult to validate. Pai seems unconcerned, leading some to believe he intends to rubber stamp his approval with minimal conditions.

Under Pai’s watch, the Democrats charge, Sinclair has already benefited from a ‘rush to approval’ mentality at the FCC. Sinclair’s earlier deal to acquire stations owned by the Bonten Media Group was also convenient, coming shortly after the FCC under Mr. Pai revoked guidance that would have required the FCC to closely scrutinize the transaction. The FCC granted the deal, despite the fact several of Bonten’s stations are in areas where Sinclair now holds operating agreements to manage other local stations. Large station groups have used these agreements as loopholes to effectively gain day-to-day control of stations without actually transferring their ownership.

The Democrats also argue that Sinclair is well positioned to be in the lead of Next Gen TV, ATSC 3.0 technology that will replace the current digital TV standard in the United States in the next few years. Sinclair is the biggest cheerleader of the new technology, and Mr. Pai coincidentally has put a rush on getting ATSC 3.0 approved and into the marketplace. ONE Media 3.0, a wholly owned subsidiary of Sinclair, just happens to own six critical patents essential for using the Next Gen TV standard. That means every station in the country moving to the next broadcast platform will have to pay royalties to Sinclair estimated in the billions.

As the Times reports, whenever Sinclair sought something from Washington as part of its corporate agenda, the FCC’s Mr. Pai quickly aligned himself and the FCC’s Republican majority to fulfill Sinclair’s wishes.

The Democrats also question whether there is direct coordination between the Administration, Sinclair, and the FCC:

• After the election, President Trump reportedly met with the Executive Chairman and former CEO of Sinclair and discussed changing FCC rules to help Sinclair. A news account stated that after the election, President Trump met with David Smith, Sinclair’s Executive Chairman and former CEO. According to this report, “potential FCC rule changes were discussed” after President Trump asked Mr. Smith, “What do you need to happen in your business?”

• Before you became Chairman of the FCC, you reportedly met with then President-elect Trump in New York. Reports indicate that on January 16 of this year, you met with then-President-elect Trump in New York in a meeting that did not appear on your official calendar.

• In March, shortly after you became Chairman of the FCC, you met with President Trump in the Oval Office. An FCC spokesperson confirmed that the meeting occurred, but did not indicate what was discussed during the meeting. When asked directly about your meetings with President Trump, you declined to disclose what you discussed, saying “I am not at liberty to say.”

• The week after the election, you reportedly attended a company conference for Sinclair’s general managers, during which you met with Sinclair’s CEO. According to a Politico report, in January of this year, you met with Sinclair’s former CEO, David Smith, as well as the newly named Sinclair CEO, Chris Ripley.

• The President’s campaign reportedly “struck a deal” with Sinclair to “secure better media coverage.” This arrangement came to light after the election, when Jared Kushner reportedly revealed that in exchange for access to then-candidate Trump and his campaign, “Sinclair would broadcast Trump interviews across the country without commentary.” Sinclair representatives have defended this arrangement by claiming that the Clinton campaign was offered the option for extended interviews with local anchors as well, but did not accept.

• In April, Boris Epshteyn, who was “most recently Special Assistant to The President and Assistant Communications Director for Surrogate Operations for the Executive Office of President Trump,” and formerly a “senior advisor to the Trump campaign,” joined Sinclair to provide on-air political commentary. Epshteyn’s segments are “must-run” programming for Sinclair stations, with nine segments airing per week. One report has criticized the segments as “propaganda” and reporting on Sinclair’s selection of “must-run” programming has raised “suggestions that Sinclair pushed right-leaning views.”

The Democrats are requesting Mr. Pai answer their letter and provide additional information no later than Aug. 28.

While up to three-quarters of the staff at Tribune Media’s local TV outlets are expected to lose their jobs after Sinclair Broadcast Group acquires the stations, top executives will exit their management positions both comfortable and rich.

In a filing last week with the U.S. Securities and Exchange Commission, blogger Robert Feder uncovered the golden parachutes awaiting Tribune’s three most senior executives:

• Edward Lazarus, executive vice president and general counsel: $9,681,435
• Chandler Bigelow, executive vice president and chief financial officer: $9,248,157
• Larry Wert, president broadcast media: $7,760,566

The FCC under Chairman Ajit Pai has already signaled its willingness to allow the largest television station owner in the country to grow even larger after relaxing station ownership rules put in place to maintain diversity in the media. Sinclair is among the most closely politically connected media companies in the country, on friendly terms with the Trump Administration. There appears to be little objection among Republican regulators to approve the transaction, accepting Sinclair’s argument that the deal will be good news for shareholders and allow its stations to benefit from “increased operational efficiencies” such as sharing newsrooms, producing “local” news stories at its corporate headquarters in Maryland, and reducing staff.

“For a company as notoriously cheap as Sinclair, ‘increasing its operational efficiencies’ is simply another way of saying mass firings,” wrote Feder. “According to the SEC filing this week, Sinclair expects to realize $266 million of synergies — presumably through layoffs and other cutbacks.”

Employees are nervous.

“Sinclair’s business model is going into a market, buying multiple stations, moving them all to one facility, and firing three-quarters of the staff to get as much work with the fewest employees,” one union official told Media Matters.

“Our employees are very nervous about the situation,” said another. “It is a combination of political influence and that Sinclair is extremely anti-union in dealing with its employees. What is it going to mean?”

Feder says the responsibility for Tribune’s failure to succeed lands squarely in the top suites of the executive offices, ironically the same management team about to be handsomely rewarded for destroying a Chicago media institution:

“Regardless of when it began, there’s no doubt the wreckage culminated with the company’s current board and leadership. With singleminded determination they cashed out everything they could — from the company’s Gothic masterpiece Tribune Tower headquarters, to its forward-looking digital and data business Gracenote, to the very land under its television stations. The biggest shareholders on the board reaped millions in short-term profits while company execs enriched themselves with extravagant payouts.

“All of which led up to the ultimate sell-out to some outfit from Baltimore you never heard of. Keep that in mind when Sinclair starts handing out pink slips to the working men and women who made WGN and Tribune Media the company it was.”

In one of the largest media consolidation acquisitions in history, Sinclair Broadcast Group has agreed to buy Tribune Media and its 42 TV stations in a $3.9 billion deal.

The transaction, expected to win easy approval by the Republican-dominated Federal Communications Commission, will virtually guarantee cable and satellite TV subscribers will pay significantly higher prices to watch Sinclair’s local television stations covering more than 70% of the United States.

Sinclair helped lay the foundation for winning approval of the transaction in GOP-dominated D.C. by hiring former Trump spokesman Boris Epshteyn as Sinclair’s chief political analyst, and Sinclair executives mandate that many of its owned stations air pro-Trump conservative political content labeled as “news stories” as part of local newscasts.

Sinclair’s conservative leanings and accusations of hypocrisy are nothing new for the station group, which has been mired in controversy for more than two decades. The “family values” image that Sinclair purports to have in its political commentaries and corporate image ran headlong into the 1996 arrest of its former CEO David Smith, who used the company Mercedes to pick up hookers in Baltimore. He was convicted of a misdemeanor sex offense. Smith cut a deal with a Maryland state’s attorney that would allow him to avoid picking up trash on the highway or cleaning community-owned pools by having his reporters air stories about Baltimore’s drug court instead.

LuAnne Canipe, a reporter who worked on air at Sinclair’s flagship station, WBFF in Baltimore, from 1994 to 1998, told Salon in 2004 she took a phone call one day about the disposition of Smith’s arrest.

“A Baltimore judge called me up,” she recalls. “He wasn’t handling the case, but he called to tell me about the arrangement and asked me if I knew about it. The judge was outraged. He said, ‘How can employees do community service for their boss?’”

To this day, Smith remains the chairman of Sinclair Broadcast Group, although he relinquished the CEO position last fall.

Canipe said the sexual shenanigans at Sinclair didn’t stop with the CEO either.

“Let’s just say the arrest of the CEO was part of a sexual atmosphere that trickled down to different levels in the company,” Canipe remembered. “There was an improper work environment. I think that because of what he did there was a feeling that everything was fair game.”

Before leaving Sinclair in 1998, she said she once complained to management about another Sinclair employee, who had engaged in audible phone sex inside a station conference room, but that no action was taken against the employee. Canipe passed away in 2016 after battling cancer.

By 2004, the majority of Sinclair’s then-62 stations were living with corporate interference in the local newsroom. Sinclair mandates that most of their owned stations air corporate-produced political segments that are routinely called “to the [political] right of Fox News” by detractors. That year, many local newsrooms at Sinclair stations bristled over the mandatory airing of a daily televised commentary called The Point, hosted by Mark Hyman, then Sinclair’s vice president for corporate relations. The Point could be compared as Sean Hannity’s talking points delivered with the bombastic panache of Bill O’Reilly. As the 2004 election neared, Hyman’s push for George W. Bush’s re-election went into overdrive. Hyman was a fierce advocate for the Bush Administration’s intervention in Iraq and referred to the French critics of President Bush’s war strategy as “cheese-eating surrender monkeys.”

While Hyman force-fed conservative political commentaries to Sinclair stations, he did not extend that same right to others, banning Sinclair’s ABC-affiliated stations from airing an edition of Nightline that showed host Ted Koppel reading the names of U.S. troops killed in Iraq, claiming the idea was inappropriate and “motivated by a political agenda.” Concerns about political agendas were short-lived, however, because Hyman later mandated that 40 of Sinclair’s 62 stations air “Stolen Honor,” a much-criticized and highly controversial political documentary attacking Democratic presidential candidate Sen. John Kerry’s war record. The stations aired a revised version of the documentary days before the 2004 presidential election.

When management at some of Sinclair’s local stations balked at the required airing, Hyman accused them of “acting like Holocaust deniers.”

The implied quid pro quo with the Bush Administration was particularly important for Sinclair as it continued acquiring TV stations, a process that required the approval of the then-Republican controlled FCC. A 2004 Salon article quoted journalist Paul Alexander, who produced a widely acclaimed documentary about Kerry as “insulting to the news-gathering process. That’s not how you gather news; that’s how you blackmail people.”

But news gathering was never the point, according to former Sinclair reporter Canipe. “David Smith doesn’t care about journalism,” she said.

Smith doubled-down on his cozy relationship with the Bush Administration by allowing conservative commentator Armstrong Williams to produce unfettered extended media segments for Sinclair stations. What Smith claims he did not know was that Williams accepted a $240,000 payoff from Bush officials to promote the Administration’s education agenda in the media. Williams brazenly interviewed then Education Secretary Rod Paige, the same man who authorized Williams’ payoff.

The result of the interview, according to the 2005 Rolling Stone piece:

Even before the payoffs became public, the news staff at Sinclair was horrified. The producer who edited the interview Williams did with Paige calls it “the worst piece of TV I’ve ever been associated with. You’ve seen softballs from Larry King? Well, this was softer. I told my boss it didn’t even deserve to be broadcast, but they kept pushing me to put more of it on tape. In retrospect, it was so clearly propaganda.”

When things became politically difficult for the president during the second term of the Bush Administration, Sinclair again came to the rescue, forcing its stations to air headquarter-produced news stories highlighting “good news” about the war in Iraq. Sinclair executives also demanded each of its 62 stations air a pledge of support for President Bush.

Rolling Stone:

But within the company, current and former employees have long known that there is a fine line between ideology and coercion. Jon Leiberman, once Sinclair’s Washington bureau chief, says Smith and other executives were intent on airing “propaganda meant to sway the election.” An ex-producer says he was ordered not to report “any bad news out of Iraq — no dead servicemen, no reports on how much we’re spending, nothing.” And a producer Sinclair sent to Iraq to report on the war calls the resulting coverage “pro-Bush.”

“You weren’t reporting news,” says the producer, who spoke on the condition of anonymity. “You were reporting a political agenda that came down to you from the top of the food chain.”

At the time, Smith told visitors to his Baltimore headquarters: “There are two companies doing truly balanced news today: Sinclair and Fox.”

During the most recent election cycle, Sinclair executives made sure audiences knew where they stood, urging voters to reject Hillary Clinton, as the New York Times reported, “because the Democratic Party was historically pro-slavery.”

More recently, Sinclair has defended the Trump Administration, with orders from Sinclair HQ to stations to dig up information about an online ad that seemed to recruit paid protesters for President Trump’s inauguration in January. Various right-wing groups used the ad as evidence of organized efforts to harass the incoming administration. The ad was later determined to be a hoax, wasting reporters’ time.

The interference in local newsgathering by Sinclair executives has become so pervasive, its station in Seattle – KOMO, has been rebelling by burying mandated stories surrounding commercial breaks, when viewers are most likely to tune them out. But there is little else the station can do, and like with other acquisitions Sinclair has completed, there are fewer news staffers at KOMO to protest. Standard procedure at Sinclair after an acquisition to is dramatically cut back on employees and offer more stories and content produced at Sinclair’s headquarters or at other Sinclair-owned stations.

Sinclair’s latest target — Tribune Media, owns stations familiar to most cable and satellite subscribers around the country. Among the stations in Tribune’s portfolio — WPIX-New York, WPHL-Philadelphia, WGN-TV/WGN America-Chicago, KDVR/KWGN-Denver, and KTLA-Los Angeles.

“It’s an incredible amount of power in one company’s hands,” said Craig Aaron, president of Free Press.

Former FCC commissioner Michael Copps doesn’t much like the deal either, noting it is “another blow to the diversity of journalism that we should have. It’s symptomatic of what is happening in this market, which is fewer and fewer organizations controlling more and more of the information on which our democracy rests.”

With all the recent turmoil at Fox News Channel, including the cancellation of Bill O’Reilly’s show, Sinclair could use its Tribune Media acquisition to launch a new conservative national news and opinion network that could rival Fox. WGN America, which no longer has anything to do with WGN-TV — a former “superstation”, could dump the current reruns it airs and be repurposed as a new home for exiled conservative commentators like O’Reilly.

Regardless of your political persuasion, you will likely be paying a lot more for Sinclair TV stations on the cable or satellite dial. Sinclair is among the most aggressive station owners boosting prices for carriage agreements. Cable operators will continue to pass most, if not all of these fees on to subscribers in the form of higher rates or through “Broadcast TV” surcharges that are rarely mentioned by cable companies in their advertised rates.

In Utah, cable operators are already very familiar with Sinclair’s retransmission rate increases. The revenue has grown so significant, some station owner groups are buying up small independent TV stations just to cash in on the growing revenue they get from cable systems and subscribers.

CentraCom, a cable operator in Utah, reports it now pays over $10 as month for local stations, per subscriber, double what it paid in 2008, and they are prepared to see rates much higher than that in the future. Sinclair will also be motivated to force bundle its cable network Tennis Channel with its local stations when it negotiates with cable companies, whether they want the tennis network or not.

Sinclair Broadcast Group is getting 14 stations larger with the announced $240 million acquisition of TV stations in small markets owned and operated by Bonten Media.

• WCYB (NBC) and WEMT (Fox) serving eastern Tennessee and western Virginia
• WCTI (ABC) and WYDO (Fox) in North Carolina
• KCVU (Fox), KRCR (ABC), KRVU (MNT), KUCO (UNI), KAEF (ABC), KBVU (Fox), KECA (CW) and KEUV (UNI) in California
• KECI (NBC), KCFW (NBC) and KTVM (NBC) in Montana
• KTXS (ABC), KTES (Me-TV) and KTXE (ABC) in Texas

The station acquisitions will increase Sinclair’s presence in states where it already operates, and could directly affect cable and satellite TV customers because of Sinclair’s usual practice of demanding high compensation fees for permission to carry its stations on the pay TV dial.

The acquisition allows Sinclair to make advertising opportunities available on a larger number of stations and will help Sinclair expand the number of stations that carry its digital subchannel networks including Comet, a sci-fi channel, Charge!, which airs action-oriented programming, and TBD, a short-form programming network that relies heavily on online media productions.

“We look forward to welcoming the Bonten employees into the Sinclair family and are pleased to be growing our regional presence in several states where we already operate,” said Sinclair CEO Chris Ripley in a statement. “We believe our economies of scale help us bring improvements to small market stations, including investments in news, other quality local programming, and multicast opportunities with our emerging networks.”

The current deal is only a preview of the kind of TV station consolidation expected with Sinclair’s anticipated acquisition of Tribune Media, which owns familiar large market stations like WPIX-New York, KTLA-Los Angeles and WGN-Chicago.

Last week, FCC chairman Ajit Pai led the Commission to make it easier for large station owner groups to acquire more stations. Sinclair is currently the second-largest TV station owner in the U.S. (behind Nexstar Media Group) with 165 stations if its deal with Bonten is approved by regulators. Should it acquire Tribune, it would become the nation’s largest TV station operator by far.

WASHINGTON (Reuters) – The U.S. Federal Communications Commission voted 2-1 on Thursday to reverse a 2016 decision that limits the number of television stations some broadcasters can buy.

The decision could lead to a possible acquisition by Sinclair Broadcast Group Inc of Tribune Media Co, some Democrats in Congress said.

Tribune did not discuss any tie up, but said in a statement the FCC decision “will serve the important interest of localism by enabling broadcasters to better serve their communities.”

FCC Chairman Ajit Pai said he plans to take a new look at the current overall limit on companies owning stations serving no more than 39 percent of U.S. television households.

Democratic FCC Commissioner Mignon Clyburn called the vote a “huge gift for large broadcasters with ambitious dreams of more consolidation.” She said it “will have an immediate impact on the purchase and sale of television stations.”

Her concern was echoed by the top Democrat in the U.S. House of Representatives, who a day earlier urged the Federal Communications Commission to cancel the vote.

House Democratic Leader Nancy Pelosi warned that the changes could be harmful to consumers, hitting their wallets and their access to an independent media voice, as she cited press reports of a possible acquisition by Sinclair Broadcast Group Inc of Tribune Media Co stations.

In a letter, Pelosi and Representative Frank Pallone, who is the ranking Democrat on the House Energy and Commerce Committee, urged Pai to drop the plan, which could allow the Sinclair-Tribune tie-up.

“That would be bad news for consumers in Tribune’s markets in two ways: First, consumers would lose an independent voice in their media market; and second, consumers could see their cable bills go up because Sinclair charges cable operators more than Tribune for retransmission consent,” they wrote.

Another Democrat, Representative Anna Eshoo, wrote Pai asking him to drop the plan, saying that further consolidation “will ensure there are fewer independent news outlets serving as a counter-balance to misleading or inaccurate information.”

Meredith Corp spokesman Art Slusark said on Thursday the vote “may open up the opportunity for more acquisition opportunities … We are always interested in adding quality properties to our broadcast portfolio.”

Under rules adopted in 1985, stations with weaker over-the-air signals could be partially counted against a broadcaster’s ownership cap. But last year, the FCC under Democratic President Barack Obama said those rules were outdated after the 2009 conversion to digital broadcasting, which eliminated the differences in station signal strength. It revoked the rule in September.

There is a dispute over whether the FCC has the authority to amend the 39 percent ownership limit.

The 2016 decision did not require any company to sell existing stations, but could bar acquisitions. Twenty-First Century Fox Inc in September challenged the FCC rule in court.

Reuters reported in March that Sinclair had approached Tribune to discuss a potential combination, which would hinge on regulations being relaxed.

Pai said the FCC previously effectively tightened ownership rules and then companies previously below the national cap suddenly exceeded it. He said the FCC “did not examine whether the facts justified a more stringent cap.”

Pai, who was named by U.S. President Donald Trump to head the FCC in January, said it will begin a comprehensive review of the national cap this year. That could launch a new wave of consolidation in the broadcast television industry.

Clyburn cited comments from CBS Corp Chairman and Chief Executive Leslie Moonves in February that Pai would be “very beneficial to our business.” Moonves said the company would like to acquire more stations if the cap is lifted.

(Reporting by David Shepardson; Editing by Jonathan Oatis and Dan Grebler)