Simington Pushes Back on Rosenworcel Letter and Faults Audacy Process

The FCC handled the review of Audacy's foreign-ownership request differently from other media rulemakings, said Commissioner Nathan Simington in an email responding to a recent letter to lawmakers from Chairwoman Jessica Rosenworcel (see 2410250034). The Audacy process “was a sharply accelerated bureau review culminating in an order with a paragraph or two about public interest, which stands in contrast to the seemingly interminable, opaque, and quixotic ‘public interest’ reasoning that has otherwise characterized Commission action on media M&A and rulemaking of late,” Simington said in the email. The Media Bureau has approved a number of similar foreign-ownership requests associated with bankruptcy restructurings in the current and previous administrations without drawing protests. In her letter, Rosenworcel said the FCC’s Republican commissioners delayed the order when they waited 40 days before voting and that their stance was motivated by the involvement of funds associated with George Soros in the Audacy transactions. In his email, Simington conceded the 40-day wait but faulted the FCC for taking 147 days after the Audacy petition was submitted before informing him that the item would be approved at the bureau level. Simington said he was informed that his “perspective on the transaction as a sitting Commissioner was unnecessary and unwelcome,” Simington said. "The Constitution protects the rights of every American to speak his or her mind, even those with whom FCC staff disagree or dislike." But it “does not guarantee anyone whomsoever the right to a peremptory grant of the transfer of hundreds of broadcast licenses on what amounts to zero public interest or foreign ownership review” without an FCC vote, he added. Rosenworcel told lawmakers that granting Audacy’s request doesn’t preempt foreign-ownership review but delays it until the company emerges from bankruptcy. In all previous grants of similar waivers, companies went through the foreign-ownership review process. The FCC has granted every broadcast foreign-ownership request to go before it since the rules were clarified in 2013, an agency spokesperson told us.