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Gomez Blasts FCC's Handling of News Distortion Petition


FCC Commissioner Anna Gomez
FCC Commissioner Anna Gomez

FCC Commissioner Anna Gomez is criticizing the agency's handling of a petition seeking to repeal the Commission's news distortion policy, arguing the matter should have been decided by a vote of the full Commission rather than through an unpublished staff letter.

In a delayed dissent released Wednesday, Gomez said the FCC's use of delegated authority to summarily dismiss the petition shields the agency's actions from judicial review because only final Commission actions can be appealed.

The petition, filed in November 2025 by a bipartisan group of former FCC officials and others, sought repeal of the Commission's news distortion policy. After the petitioners filed for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia, the FCC responded by including an unpublished letter from the Acting Chief of the Media Bureau dismissing the petition on procedural grounds.

The dismissal concluded the filing was not properly brought under the Commission's rules governing petitions for special relief, finding the petitioners had failed to present their request in a procedurally cognizable manner.

Gomez contended the Commission has increasingly used its regulatory authority "as a cudgel against broadcasters whose coverage it dislikes rather than as a neutral enforcement tool." She argued license renewals and merger reviews have been used as leverage over editorial decisions and claimed the FCC has revived infrequently used authorities, including its news distortion policy, in ways that create a chilling effect on broadcasters.

According to Gomez, broadcasters have asked her office what subjects are now considered too risky to cover, which she said "should never need to be asked in a country with a First Amendment." She also criticized the decision to resolve the petition through an unpublished Media Bureau letter instead of a public Commission vote.

While acknowledging that her dissent would not change the outcome of the petition, Gomez said she stands ready to vote on a Commission order addressing the issues raised so the matter can proceed to a final, appealable decision and receive judicial review without unnecessary delay.

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