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Sinclair Opposes Consent Decree Appeal

Petitions for reconsideration of the FCC’s May Sinclair consent decree should be denied for lack of standing, and because the settlement was faithful to precedent, said the TV station owner in an opposition filing posted in docket 17-179 Monday (see…

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2005220056). The petitions were filed on behalf of Ihor Gawdiak and Paul Lucci, viewers of its stations who unsuccessfully filed in opposition to the Media Bureau’s negotiations with Sinclair leading up to the consent decree. Both are represented by Smithwick & Belendiuk, and told Sinclair they also will file applications to deny Sinclair’s license renewals. Neither Lucci nor Gawdiak was a party to the investigations, and thus neither has standing to file for reconsideration, said the company. The two didn’t demonstrate they were harmed by the consent decree, Sinclair said: They don’t identify material omissions or errors that would justify reconsideration. An agency’s decision to settle an enforcement action “is a decision generally committed to an agency’s absolute discretion,” the broadcaster said. The petitioners didn’t comment.