Duggan, Kristol Fire Latest Volley Against Fox’s WTXF Renewal

Former Democratic FCC Commissioner Ervin Duggan and conservative commentator William Kristol this week expressed surprise and incomprehension that Pennsylvania’s two Democratic senators — Bob Casey and John Fetterman — rose to the defense of Rupert Murdoch and son Lachlan in their battle to hang on to the FCC license for their Philadelphia Fox O&O.

“With respect … the senators got it wrong,” Duggan and Kristol say in a letter to the FCC. “When two sitting U.S. Senators file in an FCC docket, people pay attention. Especially when it is two Democratic Senators that appear to be intervening in defense of the Murdochs.”

Duggan and Kristol belong to a bipartisan group — the Media and Democracy Project — that last summer challenged the Murdochs’ license renewal for WTXF Philadelphia, contending that the Murdochs were unfit to hold licenses because of Fox News Channel’s false coverage of the 2020 presidential election. Through Fox, the Murdochs also own FNC and were personally involved in that coverage.

However, in February, Pennsylvania’s two senators wrote the FCC, saying they did not share the concern. They called for swift action on Murdoch’s renewal application, citing positive viewer comments during the renewal process. “WTXF-TV has provided a platform that uplifts Philadelphia’s diverse voices and supports local journalism, and we hope that its delivery of local news and local programming to the community is not disrupted.”

Duggan and Kristol say they cannot understand how the senators “do not think that the FCC needs to at least gather the documents produced in the Dominion case and hold a formal hearing about the Murdochs’ conduct and character before deciding on the Murdoch/Fox license renewal application.”

The summary judgment of the court in the Dominion Voting Machines defamation suit against Fox, and the internal emails produced in discovery “show conclusively that the Murdochs/Fox willfully and repeatedly presented ‘false news’ (the Judge’s words) about the 2020 Presidential election for the basest of reasons — money,” they say.

“They knew the election had not been stolen, but they debated the likely losses of viewers and ad revenue if they reported the truth. They decided to keep lying to the American people to avoid those losses.

“It is all there in the emails. There can be no debate about these facts.

“This behavior is not consistent with the FCC’s character requirements for broadcast licensees, who are supposed to operate their stations in the public interest first and foremost…. [G]iven that the Murdoch/Fox lies contributed to the January 6 [2021] riot in the Capitol and duped millions of Americans into believing that the election was stolen, their actions shocked the conscience!”

Fox has been successful in mustering community and political support for WTXF that goes far beyond Casey and Fetterman. According to the station group, in addition to the senators and two U.S. House members, 48 state and local officials, including more than 40 Democrats, have weighed in on the station’s behalf.

The NAB and Pennsylvania Association of Broadcasters have also called on the FCC to reject the MAD petition and focus on the service the station has provided the city in judging its renewal application. “Failing to do so would invite the submission of other non-meritorious oppositions to broadcast stations’ license renewals in the future….”

According to the Duggan-Kristol letter, the Murdochs and Fox are eager for a quick license renewal because more trouble lies ahead.

“In the next few weeks, a Court will hear argument in the case against Fox by Smartmatic, like Dominion, a voting machine company that was the target of Fox lies. And four shareholder lawsuits (now consolidated) have been filed against Fox and its Directors (including Rupert and Lachlan Murdoch) to recover losses ($787 million so far with more to come) that Fox shareholders have suffered because the Murdochs and their minions failed to maintain proper journalistic standards.”

Duggan and Kristol also address the senators’ seeming concern that Philadelphia viewers would lose service if the Murdochs lost the station.

“No matter the outcome of an FCC hearing, Philadelphia viewers will not lose the service provided by Channel 29 and the entertainment and sports programming on the Fox Broadcast Network, including Eagles games,” they say.

“If the Murdoch/Fox license is denied, the FCC will license the station to a different (hopefully truthful) owner. And the Fox Broadcast Network will affiliate with the new owner of Channel 29 or another TV station in town for the same reason Fox News broadcast election lies — money.”