MEMORANDUM

DATE: August 24, 2018

TO: David L. Hunt. Inspector General

FROM:

THROUGH: ector General for Investigations: 

SUBJECT: Allegations of improprieties related to the Commission's review of the mergerbetween Sinclair Broadcast Group, Inc. and Tribune Media Company

'jew

In response to requests from ( oI1gress made on November 13 and November 15. 20! 7. the

Federal Communications Commission (FCC or Commission) Oflice of Inspector General (OlG)

conducted an investigation into whether FCC Chairman Ajit Pai Chairman Pai ) "has takenactions to improperly benefit Sinclair Broadcast Group (Sinclair):' and "is executing hisleadership of the FCC free from influences that compromise his objectivity and impartiality,"especially with regard to the proposed merger of Sinclair and Tribune Media.' Our investigation

revealed no evidence of impropriety, unscrupulous behavior, favoritism towards Sinclair, or lack

On July 19. 2018. the FCC designated the applications seeking to transfer control of Tribune subsidiaries to

Sinclair for hearing (HDO). On August 9. 2018, Tribune terminated its merger agreement with Sinclair.

Case Number: Case Title:

Sinclair Broadcast Group

OFFICiAL USE ONLY

LAW ENFORCEMENT SENSITIVE INFORMATION

FCC Office of' Inspector General

Page 1 of 8

(b) (7)(C)

(b) (7)(C)
REPORT OF INVESTIGATION (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 2 of 8 

of impartiality related to the proposed Sinclair-Tribune Merger. 

Background 

The FCC is an independent federal agency created by Congress to regulate interstate and 

international communications by radio, television, wire, satellite, and cable in all 50 states, the

District of Columbia and U.S. territories.2 The agency is governed by five presidentially 

appointed Commissioners subject to confirmation by the Senate.3

 The FCC Commissioners are 

from both political parties, however only three commissioners may be members of the same 

political party.4 This bipartisan structure is intended to ensure that the agency remains free of 

partisan political pressure, and independent of the policy aims of the Executive Branch. Because 

the FCC is an independent regulatory agency, it is to remain free from undue influence. The 

Commission must, from the very nature of its duties, act with entire impartiality. It is charged 

with the enforcement of no policy except the policy of the law. Its duties are neither political nor 

executive, but predominantly quasi-judicial and quasi-legislative.5

On May 8, 2017, Sinclair issued a press release announcing that it entered into a definitive 

agreement under which Sinclair will acquire 100% of the issued and outstanding shares of 

Tribune for an aggregate purchase price of approximately $3.9 billion plus the assumption of 

approximately $2.7 billion in net debt. 

On June 26, 2017, the FCC accepted for filing applications seeking consent to the transfer of 

control of subsidiaries of Tribune holding the licenses of full-power broadcast television stations 

(and related broadcast auxiliary facilities), low-power television stations, and TV translator 

stations to Sinclair. 

On July 6, 2017, the Commission released a public notice (DA 17-647) announcing that the 

Commission’s Media Bureau was establishing a pleading cycle for applications to transfer 

control of Tribune to Sinclair (MB Docket No. 17-179). The public notice indicated that 

interested parties must file petitions to deny no later than August 7, 2017, that oppositions to 

petitions to deny must be filed no later than August 22, 2017, and that replies must be filed no 

later than August 29, 2017. 

 

2 47 USC § 151.

3

 47 CFR § 0.1; 47 USC § 154. 

4

 47 USC § 154(b)(5). 

5

 See Humphrey’s Executor v. United States, 295 U.S. 602 (1935). 
REPORT OF INVESTIGATION (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 3 of 8 

On August 14, 2017, FCC Chairman Pai received a letter from United States Representatives 

Frank Pallone, Jr., Diana DeGette, and Mike Doyle (Pallone-DeGette-Doyle letter), requesting 

information about: (1) meetings between Chairman Pai and members of his office and Sinclair 

representatives, including lobbyists and lawyers representing Sinclair; (2) meetings between 

Chairman Pai and President Trump or President-elect Trump; (3) the FCC proceeding to allow 

TV broadcasters to use Next Gen TV; (4) the Sinclair-Tribune proposed merger; (5) the 

processing guidance on license transfer applications; and (6) other FCC proceedings that may 

have a bearing on the Sinclair-Tribune proposed merger. A copy of this letter is included as 

Attachment 1. 

On September 15, 2017, Chairman Pai responded to the Pallone-DeGette-Doyle letter. The 

response includes separate sections addressing Meetings/Correspondence, Next Gen TV, 

Sinclair-Tribune Proposed Merger, Processing Guidance on License Transfer Applications, and 

Other Potential Proceedings. A copy of the response is included as Attachment 2. 

On September 29, 2017, Chairman Pai received a second letter from United States 

Representatives Frank Pallone, Jr., Diana DeGette, and Mike Doyle indicating that the 

Chairman’s September 15, 2017, response to the Pallone-DeGette-Doyle letter “failed to respond 

to several of our specific questions and raised additional question” and requesting additional 

information. A copy of this letter is included as Attachment 3. 

On November 13, 2017, FCC Inspector General David Hunt (Hunt) received a letter from United 

States Representatives Pallone and Elijah Cummings requesting assistance in “investigating 

whether ... Chairman Ajit Pai has taken actions to improperly benefit Sinclair Broadcast Group 

(Sinclair)” and stating that Chairman Pai has “repeatedly refused to adequately respond to 

Congressional inquiries on this subject.” As a result of this request, FCC OIG opened a full 

investigation into this matter. A copy of this letter is included as Attachment 4. 

On November 15, 2017, Inspector General Hunt received a letter from United States Senators 

Cantwell, Blumenthal, Markey, Warren, Wyden, Duckworth, Masto, Udall, Murray, Franken, 

Durbin, Sanders, Merkley, Booker, and Leahy requesting that Hunt “commence an investigation 

into whether the chairman ... is executing his leadership of the FCC free from influences that 

compromise his objectivity and impartiality.” The letter goes on to state that “we have strong 

concerns that the FCC’s ongoing review of the proposed merger of Sinclair Broadcast group 

(Sinclair) and Tribune Media (Tribune) may be tainted by a series of actions and events that raise 

questions about the independence and impartiality of the FCC.” A copy of this letter is included 

as Attachment 5. 
REPORT OF INVESTIGATION (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 4 of 8 

On December 21, 2017, Chairman Pai responded to the second Pallone-DeGette-Doyle letter. 

The response includes separate sections addressing Correspondence, Sinclair-Tribune Proposed 

Merger, Processing Guidance on License Transfer Applications, and Other Potential 

Proceedings. A copy of the response is included as Attachment 6. 

On December 21, 2017, the FCC issued a Notice of Apparent Liability (NAL) proposing to fine 

Sinclair in excess of $13.3 million for alleged sponsorship ID violations. In the Matter of 

Sinclair Broadcast Group, Inc., Notice of Apparent Liability, FCC 17-171, 2017 WL 6554328 

(released Dec. 21, 2017). 

On July 19, 2018, the FCC designated the applications seeking to transfer control of Tribune 

subsidiaries to Sinclair for hearing (HDO).6 On August 9, 2018, Tribune terminated its merger 

agreement with Sinclair. 

Investigation 

To conduct the investigation, FCC OIG investigators: 

1. Obtained and reviewed email correspondence from and to FCC Chairman Pai; Matthew

Berry, Chief of Staff in the Office of the Chairman; Nicholas Degani, Senior Counsel in the

Office of the Chairman; and Commissioner Brendan Carr7

, for the period from November 1,

2016 through January 3, 2018. A copy of the Investigative Activity Report (IAR) for

obtaining digital evidence (without attachments) is included as Attachment 7. A copy of the

IAR for reviewing digital evidence (without attachments) is included as Attachment 8.

2. Obtained and reviewed network shares (private network storage) from FCC Chairman Ajit

Pai; Matthew Berry, Chief of Staff in the Office of the Chairman; Nicholas Degani, Senior

Counsel in the Office of the Chairman; and Commissioner Carr for period from November 1,

6 Specifically, the HDO stated that “substantial and material questions of fact exist regarding whether: (1) Sinclair 

was the real party in interest to the sale of WGN-TV, KDAF (a Dallas station), and KIAH (a Houston station); (2) if 

so, whether Sinclair engaged in misrepresentation and/or lack of candor in its applications with the Commission; 

and (3) whether consummation of the overall transaction would be in the public interest, including whether it would 

comply with Section 73.3555 of the Commission’s rules, the broadcast ownership rules. Accordingly, in this 

Hearing Designation Order, we commence a hearing before the Administrative Law Judge to determine whether the 

above-captioned applications should be granted or denied.” See In the Matter of Applications of Tribune Media 

Company and Sinclair Broadcast Group, Hearing Designation Order, MB Docket 17-179, FCC 18-100 (released 

July 19, 2018. 

7

 Commissioner Carr was sworn into office on August 11, 2017. Prior to assuming his position as a Commissioner, 

Commissioner Carr served as the FCC General Counsel. 
REPORT OF INVESTIGATION (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 5 of 8 

2016 through January 3, 2018. Copies of the IARs for obtaining and reviewing digital 

evidence are included as Attachments 7 and 8. 

3. Obtained and reviewed desk phone records from FCC Chairman Ajit Pai, Matthew Berry,

Chief of Staff in the Office of the Chairman; Nicholas Degani, Senior Counsel in the Office

of the Chairman; and Commissioner Carr for the period from November 1, 2016 through

December 20, 2017. A copy of the IAR for this review (without attachments) is included as

Attachment 9.

4. Obtained and reviewed mobile phone records from FCC Chairman Ajit Pai Matthew Berry,

Chief of Staff in the Office of the Chairman; Nicholas Degani, Senior Counsel in the Office

of the Chairman; and Commissioner Carr for the period from November 1, 2016 through

January 23, 2018. A copy of the IAR for this review (without attachments) is included as

Attachment 10.

5. Obtained and reviewed visitor logs for the FCC headquarters facility located at 445 12th

Street, S.W., Washington, DC 20554 covering the period from November 1, 2016 through

December 12, 2017. A copy of the IAR for this review (without attachments) is included as

Attachment 11.

6. Obtained and reviewed information, including ex parte filings where available, on meetings

between Sinclair and Sinclair representatives (lobbyists and lawyers) and FCC officials for

the period from November 1, 2016 through July 31, 2018. A copy of the IAR for this review

(without attachments) is included as Attachment 12.

7. Interviewed Matthew Berry, Chief of Staff. A copy of the Memorandum of Interview (MOI)

is included as Attachment 13.

8. Interviewed Chairman Pai. A copy of the MOI is included as Attachment 14.

Conclusion 

After a comprehensive investigation including review of the emails, phone records and visitor 

logs noted above, coupled with interviews of the Chief of Staff and Chairman Pai, we found no 

evidence, nor even the suggestion, of impropriety, unscrupulous behavior, favoritism towards 

Sinclair, or lack of impartiality related to the proposed Sinclair-Tribune Merger. 

Our investigation provided us with insight into meetings and conversations that occurred 
REPORT OF INVESTIGATION (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 6 of 8 

between Chairman Pai and any executives from Sinclair or the Executive Office of the President, 

as well as all written communications between Chairman Pai and FCC staff regarding the 

merger. Our review did not reveal any improper actions. When we followed up with both 

Chairman Pai and Matthew Berry, asking for further details regarding these meetings and calls, 

we confirmed that belief.8 When asked specific questions as to whether any actions that 

ultimately may have inured to Sinclair’s benefit were influenced by any promises or threats 

either by Sinclair or any other entity, including President Trump or the Executive Office of 

President, the Chairman unequivocally replied in the negative. (See Attachment 14). These 

responses were confirmed by the Chairman’s Chief of Staff. (See Attachment 13). We have 

found no evidence that would lead us to question these responses. To the contrary, actions taken 

by Chairman Pai in the rulemakings identified in the letters from Congress are, as he stated in his 

interview, consistent with his long-held, and publicly espoused, policy beliefs.9 The December 

21, 2017, NAL against Sinclair was the largest proposed fine for sponsorship ID violations in the 

history of the FCC; this is evidence of lack of favoritism toward Sinclair. 

Lastly, Chairman Pai’s decision to designate for hearing the applications to transfer control of 

Tribune to Sinclair, after rejecting a request from Barry Faber, Sinclair Executive Vice President 

and General Counsel that he consider alternative station restructuring to permit the merger to be 

approved, is significant evidence that Chairman did not engage in any favoritism toward Sinclair. 

(See Attachment 14.) 

Recommendations 

Based on our findings, we would recommend no further investigation into this issue at this time. 

Attachments 

8 We note that OIG can only obtain FCC network shares and not personal email records and only FCC phone logs, 

not personal telephone call detail logs. However, when asked whether the Sinclair matter was ever discussed on

personal devices, both Chairman Pai and Matthew Berry said they did not use personal devices for this purpose. See

Attachments 13 & 14. 

9 See e.g. In the Matter of Quadrennial Regulatory Review, 31 FCC Rcd. 9864 (2016), dissent of Commissioner Pai;

In the Matter of Amendment of Section 73.3555(E) of the Commission’s Rules, 31 FCC Rcd. 10213 (2016) dissent

of Commissioner Pai; In the Matter of Amendment of Section 73.3555(E) of the Commission’s Rules, 28 FCC Rcd.

14324 (2013) dissent of Commissioner Pai.
REPORT OF INVESTIGATION (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 7 of 8 

Attachment 1 – August 14, 2017 letter from United States Representatives Frank Pallone, Jr., 

Diana DeGette, and Mike Doyle to Chairman Pai requesting information about: (1) meetings 

between Chairman Pai and members of his office and Sinclair representatives, including 

lobbyists and lawyers representing Sinclair; (2) meetings between Chairman Pai and President 

Trump or President-elect Trump; (3) the FCC proceeding to allow TV broadcasters to use Next 

Gen TV; (4) the Sinclair-Tribune proposed merger; (5) the processing guidance on license 

transfer applications; and (6) other FCC proceedings that may have a bearing on the SinclairTribune proposed merger. 

Attachment 2 – September 15, 2017 letter from Chairman Pai to United States Representatives 

Frank Pallone, Jr., Diana DeGette, and Mike Doyle responding to their August 14, 2017 letter. 

Attachment 3 – September 29, 2017 letter from United States Representatives Frank Pallone, Jr., 

Diana DeGette, and Mike Doyle to Chairman Pai indicating that the Chairman’s September 15, 

2017 response “failed to respond to several of our specific questions and raised additional 

question” and requesting additional information. 

Attachment 4 – November 13, 2017 letter from United States Representatives Pallone and Elijah 

Cummings to FCC Inspector General Hunt requesting assistance in “investigating whether ... 

Chairman Ajit Pai has taken actions to improperly benefit Sinclair Broadcast Group (Sinclair)” 

and stating that Chairman Pai has “repeatedly refused to adequately respond to Congressional 

inquiries on this subject.” 

Attachment 5 – November 15, 2017 letter from United States Senators Cantwell, Blumenthal, 

Markey, Warren, Wyden, Duckworth, Masto, Udall, Murray, Franken, Durbin, Sanders, 

Merkley, Booker, and Leahy to Inspector General Hunt requesting that Hunt “commence an 

investigation into whether the chairman ... is executing his leadership of the FCC free from 

influences that compromise his objectivity and impartiality.” 

Attachment 6 – December 21, 2017 from Chairman Pai to United States Representatives Frank 

Pallone, Jr., Diana DeGette, and Mike Doyle responding to their September 29, 2017 letter. 

Attachment 7 – Investigative Activity Report (without attachments) documenting the process 

followed to obtain digital evidence (email correspondence and network shares). 

Attachment 8 – Investigative Activity Report (without attachments) documenting the process 

followed to review digital evidence (email correspondence and network shares). 
REPORT OF INVESTIGATION (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 8 of 8 

Attachment 9 – Investigative Activity Report (without attachments) documenting the process 

followed to review desk phone records. 

Attachment 10 – Investigative Activity Report (without attachments) documenting the process 

followed to review mobile phone records 

Attachment 11 – Investigative Activity Report (without attachments) documenting the process 

followed to review visitor logs. 

Attachment 12 – Investigative Activity Report (without attachments) documenting the process 

followed to review meetings. 

Attachment 13 – Memorandum of Interview (MOI) for interview with Matthew Berry, Chief of 

Staff, dated August 3, 2018. 

Attachment 14 – MOI for interview with Chairman Pai dated August 8, 2018. 
663

GREG WALDEN, OREGON 

CHAIRMAN 

ONE HUNDRED FIFTEENTH CONGRESS 

FRANK PALLONE, JR., NEW JERSEY 

RANKING M EMBER 

C!Congregg of tbe mtntteb ~tateg 

}!)ou1)e of l\epresentatfbe1) 

COMMITIEE ON ENERGY AND COMMERCE 

2125 R AYBURN H ousE OFFICE BuiLDING 

WASHINGTON, DC 20515-6115 

The Honorable Ajit V. Pai 

Chairman 

Federal Communications Commission 

445 12th Street N.W. 

Washington, D.C. 20554 

Dear Chairman Pai: 

Majority 1202) 225- 2927 

Minority 1202) 225- 3641 

August 14, 2017 

We write to express our concern regarding reports that suggest favorable treatment of 

Sinclair Broadcast Group, Inc. (Sinclair) since you became Chairman of the Federal 

Communications Commission (FCC). These reports 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 FCC is an independent agency, and we are sending you this letter amid recent 

criticism of your commitment to independence as the Chairman of the FCC. ' Given the press 

reports on this matter, we wanted to provide you the opportunity to address these reports and 

ask that you provide answers to our questions at the end of this letter so that we can better 

assess your actions regarding Sinclair, and recent related actions taken by the FCC. 

I. Since the beginning of the Trump Administration, the FCC has taken a series of 

swift actions that have benefitted Sinclair. 

The United States has maintained for decades a policy that re ~:::i cts the number of 

viewers a single broadcast entity can reach nationwide so that the American public has access 

1 See, e.g., Brian Fung, The FCC's independent chair is getting too cozy with the 

White House, critics say, Washington Post (June 23, 2017). 

Attachment 1
The Honorable Ajit V. Pai 

Page 2 

to a diversity of local voices over the air. As the largest owner of television broadcast stations 

in the country, Sinclair had expanded to the limits of these FCC ownership rules. Since 

taking office, however, you have implemented a series of actions that ease these restrictions 

and allow Sinclair to expand its reach quickly. You have simultaneously proposed to allow 

the industry to adopt a new broadcast technology that will likely benefit Sinclair more than 

any other company. 

a. The FCC eased ownership caps by reinstating the outdated "UHF 

Discount," allowing Sinclair to quickly acquire more broadcast stations. 

To ensure the American people have access to multiple voices over the air, Congress 

capped the number of viewers that any one broadcast entity can reach nationwide.2 When 

implementing this cap under older analog technologies, however, the FCC recognized that 

stations using Ultra High Frequency, or UHF, channels faced technical limitations that 

prevented them from reaching as many viewers. As such, the FCC did not count these UHF 

stations as heavily against the nationwide cap. 3 But the switch to digital television technology 

eliminated this technical difference, and the FCC, under the leadership of the prior FCC 

Chairman, removed this "UHF Discount" rule in 2016.4 

Although analysts believed that Sinclair would not be permitted to make a major 

acquisition without the UHF discount in place, Sinclair nonetheless began exploring 

purchasing the second largest owner of broadcast stations, Tribune Media Company 

(Tribune). 5 

A few weeks after reports of this possible transaction, the FCC, under your leadership, 

took a party-line vote to reinstate the UHF Discount rule,

6 despite your having acknowledged 

that "our nation's transition from analog to digital television has eroded the basis for the UHF 

discount. " 7 Sinclair noted in its recent 10-K filing that your reinstatement of this discount 

2 47 CFR § 73.3555(e)(1); Consolidated Appropriations Act, 2004, Pub. L. No. 108-

199, § 629,118 Stat. 3 (2004). 

3 47 CFR § 73.3555(e)(2)(i). 

4 Federal Communications Commission, Amendment of Section 73.3555(e) of the 

Commission 's Rules, National Television Multiple Ownership Rule, Report and Order, MB 

Docket No. 13-236, at~ 28 (rei. Sept. 7, 2016) (apps.fcc.gov/edocs__public/attachmatch/FCC16-116Al.pdf). 

5 Leon Lazaroff, Tribune Media Rising on Deal Speculation Despite Obstacles to Sale, 

TheStreet, Inc. (Mar. 6, 2017). 

6 Federal Communications Commission, Amendment of Section 73.3555(e) of the 

Commission 's Rules, National Television Multiple Ownership Rule, Order on 

Reconsideration, MB Docket No. 13-236 (rei. Apr. 21 , 2017) 

(https://apps.fcc.gov/edocs__public/attachmatch/FCC-17-40A1.pdf). 

7 Dissenting Statement of Commissioner Pai, Re: Amendment ofSection 73.3555(e) of 

the Commission 's Rules, National Television Multiple Ownership Rule, Report and Order, 
The Honorable Ajit V. Pai 

Page 3 

"would reduce our reach (for FCC purposes) to approximately 24% of U.S. households, 

which would expand our ability to make televisions [sic] station acquisitions in the future. " 8 

In May 2017 Sinclair atmounced, just two weeks after the FCC's action, that it intended to 

purchase Tribune9 - a transaction that would result in a combined company reaching 

approximately 70 percent of American households. 10 

b. The FCC established an expedited timeline for its review of the proposed 

Sinclair-Tribune transaction, allowing Sinclair to grow as quickly as 

possible. 

Sinclair officially filed its application to merge with Tribune at the end of June. 11 

Days later, the FCC established a pleading cycle for the proceeding of just 30 days. 12 Even 

though the proposed transaction is between the two largest owners of broadcast stations, the 

FCC set a timeline for public comment that was shorter than the pleading cycles set for 

previous transactions. 13 

MB Docket No. 13-236 (rei. Sept. 7, 2016) 

(https://apps.fcc.gov/edocs_public/attachmatch/FCC-13-123A4.pdf). 

8 Sinclair Broadcast Group, Inc., Form 1 0-K, Annual Report, at 15 (Feb. 28, 20 17) 

(sec.gov/ Archives/edgarldata/912752/000091275217000006/sbgi-20161231 xl Ok.htm). 

9 Alex Sherman, Sinclair Buys Tribune in $3.9 Billion Deal, Creating TV Goliath, 

Bloomberg (May 7, 20 17). 

10 Sydney Ember and Michael J. de la Merced, Sinclair Unveils Tribune Deal, Raising 

Worries It Will Be Too Powerful, New York Times, (May 8, 2017). 

11 Application of Tribune Media Company and Sinclair Broadcast Group for Consent 

to Transfer Control of Licenses and Authorizations (June 26, 2017) 

(https ://licensing. fcc. gov I cgibinlws.exe/prod/cdbs/forms/prod/cdbsmenu.hts?context=25&appn= 1017 59797 &formid=315 

&fac num=22201). 

12 Federal Communications Commission, Media Bureau Establishes Pleading Cycle 

for Applications to Transfer Control ofTribune Media Company to Sinclair Broadcast 

Group, Inc. and Permit-But-Disclose Ex Parte Status for the Proceeding, Public Notice, MB 

Docket No. 17-179 (July 6, 2017) (ecfsapi.fcc.gov/file/070601 0 1701359/DA-17-647 AI. pdf). 

13 See, e.g. , Federal Communications Commission, Commission Seeks Comment on 

Application of AT&T and DirectTV to Transfer Control of FCC Licenses and Other 

Authorizations, Public Notice, MB Docket No. 14-90 (Aug. 7, 2017) 

(apps.fcc.gov/edocs_public/attachrnatch/DA-14-1129A1.pdf); Federal Communications 

Commission, Commission Seeks Comment on Applications of Comcast Corporation, General 

Electric Company, and NBC Universal, Inc. to Assign and Transfer Control of FCC Licenses, 

Public Notice, MB Docket No. 10-56 (Mar. 18, 2010) 

(https://apps.fcc.gov/edocs_public/attachmatch/DA-1 0-457 A1.pdf). 
The Honorable Ajit V. Pai 

Page 4 

Critics assert that the public has received inadequate time to assess and respond to a 

deal of this magnitude. Within a week of the FCC's action, the agency received a Motion for 

Extension of Time - along with a request for additional information and documents - from 

parties with an interest in the proceeding. 14 These parties contend that Sinclair's applications 

provide " insufficient information for the Commission to validate, let alone quantify, the 

claimed public interest benefits." 15 

c. The FCC approved Sinclair's multimillion dollar deal to purchase stations 

owned by Bonten Media Group (Bonten), shortly after the FCC revoked a 

processing guidance that would have required close scrutiny of the 

transaction. 

The FCC granted the transfer of seven TV licenses from Bonten to Sinclair in various 

markets across the country, 16 including in markets where Sinclair now holds sharing 

agreements. 17 Sharing agreements allow a company like Sinclair to manage operational 

aspects of other stations that it does not own. 

The FCC's approval of the Bonten deal came after you directed the Media Bureau to 

rescind- without explanation- its 2014 guidance on how the FCC scrutinizes license transfer 

applications that involve sharing agreements between broadcast stations. 18 The 2014 guidance 

expressed the Media Bureau's concern that entities may essentially control more stations than 

the FCC's local ownership rules permitted, and outlined how the FCC should scrutinize 

transactions that include these agreements to ensure they would not risk "impair[ing] the 

14 Motion of Dish Network, American Cable Association, and Public Knowledge for 

Additional Information and Documents and Extension ofTime, In the Matter of Application 

of Tribune Media Company and Sinclair Broadcast Group for Consent to Transfer Control of 

Licenses and Authorizations, MB Docket No. 17-179 (Jul. 12, 20 17) 

( ecfsapi.fcc.gov/file/1 07124 3 24 2 7229/Motion%20for%20Additional%20Information%20and 

%20Extention%20of0/o20Time.pdf). 

15 Id. at 1. 

16 Letter from Barbara A. Kreisman, Chief, Video Division, FCC Media Bureau, to 

Bonten Media Group LLC and Sinclair Television Group, Inc., Re: Application for Consent 

to Transfer Control of License and Request for Continued Satellite Authority, Application 

File No. BTCCDT-20170505ABL, DA 17-638 (Jun. 30, 2017). 

17 KBVU JSA, KBVU SSA, and KBVU Option Agreement, Attachment 15, 

Application for Consent to Transfer License from Bonten Media Group, LLC to Sinclair 

Television Group, Application File No. BTCCDT-20170505ABL (May 5, 2017). 

18 Federal Communications Commission, Media Bureau, Rescission of March 12, 

2014, Broadcast Processing Guidance Relating to Sharing Arrangements and Contingent 

Interests, Public Notice, DA 17-130 (rei. Feb. 3, 2017). 
The Honorable Ajit V. Pai 

Page 5 

existing licensee's control over station operations and programming" or be "otherwise 

contrary to the public interest." 19 

The FCC's approval of the Bonten transaction raises important questions, including 

whether the Commission's staff, without the previous guidance, was able to adequately 

scrutinize the impact of sharing agreements when reviewing the application. For example, 

after the Bonten approval, Sinclair now owns one of the five full-power TV stations in the 

Eureka, CA market,2

° KAEF-TV,

21 but it controls another full-power station, through a Joint 

Sales Agreement and a Shared Services Agreement, as well as having a purchase option 

agreement for that station.22 

As shown by the effect in Eureka, one of the country's smallest TV markets, the 

FCC's approval ofthis deal raises questions about whether Sinclair has effectively 

circumvented the FCC's local TV ownership rules. 23 Other timing questions are also raised 

given that the FCC made its decision in less than two months after the filing of this $240 

million dollar deal.24 

d. The FCC has started a proceeding to allow TV broadcasters to begin 

using Next Gen TV- a technology whose primary patent-holder is 

Sinclair. 

In addition to taking steps that allowed Sinclair to quickly expand its reach, the FCC 

also commenced a proceeding that would allow TV broadcasters - including Sinclair - to use 

a transmission standard, Next Gen TV, with very few consumer protections in place.25 Some 

have raised questions about how consumers will be affected by this proposal, 26 such as 

19 Federal Communications Commission, Public Notice, Processing of Broadcast 

Television Applications Proposing Sharing Arrangements and Contingent Interests, DA 14-

330 (Mar. 12, 2014) (apps.fcc.gov/edocs_public/attachmatch/DA-14-330A1.pdf). 

20 TV News Check, TV Station Directory for Eureka, CA (accessed July 24, 2017) 

(http://www. tvnewscheck. corn/tv -station -directory I dma/ 192). 

21 See note 16. 

22 See note 17. 

23 Federal Communications Commission, FCC's Review of the Broadcast Ownership 

Rules (accessed July 13, 2017) (transition.fcc.gov/cgb/consumerfacts/reviewrules.pdf). 

24 Sinclair Broadcast Group, Inc., Sinclair Broadcast Group Announces Agreement to 

Purchase Bonten Media Group TV Stations, PR Newswire (April 21, 20 17). 

25 Federal Communications Commission, Notice of Proposed Rulemaking, In the 

Matter of Authorizing Permissive Use of the "Next Generation" Broadcast Television 

Standard (GN Docket No. 16-142) at~ 2 (Feb. 23, 2017). [Hereinafter Next Gen TV NPRMJ 

26 Statement of Commissioner Mignon Clyburn, Re: Authorizing Permissive Use of 

the "Next Generation" Broadcast Television Standard, GN Docket No. 16-142 (Feb. 23, 

2017). 
The Honorable Ajit V. Pai 

Page 6 

whether consumers will lose their signal,27 or whether their viewer data will be monitored 

without government oversight.28 

Although the proposal for Next Gen TV came from various broadcast groups, Sinclair 

is the lead proponent of the technology. 29 For example, ONE Media 3.0, a wholly owned 

subsidiary of Sinclair,30 has disclosed that it has at least six patents that are necessary to the 

Next Gen TV transmission standard.31 ONE Media 3.0 will provide licenses to those that will 

need to use the patents to implement the new standard. 

32 Repo11s suggest that the royalties 

from the licenses for these patents could be worth billions of dollars. 33 

27 The FCC is seeking comment on a simulcasting requirement for TV stations that 

decide to transition to Next Gen TV. The proponents ofNext Gen TV have sought the ability 

to simulcast their existing signal on another broadcast station "serving a substantially similar 

community of license." See Next Gen TV NP RM, supra n. 25 , at~ 23. If the Commission 

adopts the proposal from proponents, some over-the-air consumers may not be able to receive 

the simulcast signal because they live outside of the other station's service area. Further, the 

Commission has sought comment on whether to allow stations to lower the signal quality of 

simulcast signals (e.g. provide formerly HD signals in standard definition). 

28 Ben Munson, Sinclair, One Media Will Use ATSC 3.0 to Collect User Data, Fierce 

Cable (Nov. 1, 20 16) (fiercecable.com/broadcasting/sinclair-one-media-will-use-atsc-3-0-tocollect-user-data); Sinclair Broadcast Group, Inc., Sinclair and One Media 3. 0 Profile 

Receiver Spec~fications and User Data, PR Newswire (Oct. 31, 20 16) 

(prnewswire.com/news-releases/sinclair-and-one-media-30-profile-receiver-specificationsand-user-data-300354162.html). 

29 Mike Dano, With ATSC 3. 0, TV Broadcasters Might Try to Steal Some Wireless 

Business After FCC's Incentive Auction, Fierce Wireless (Nov. 9, 2015) 

(fiercewireless.com/wireless/atsc-3-0-tv-broadcasters-might-try-to-steal-some-wirelessbusiness-after-fcc-s-incentive); John Eggerton, ONE Media Strikes Deal to Advance ATSC 3.0 

Chipsets, Broadcasting and Cable (Mar. 28, 20 17) 

(broadcastingcable.com/news/washington/one-media-strikes-deal-advance-atsc-30-

chipsets/164463). 

30 Sinclair Broadcast Group, Inc., ONE Media 3. 0, LLC to Launch Next Generation 

Broadcast Products and Services, PR Newswire (Apr. 14, 20 16) (prnewswire.com/newsreleases/one-media-30-llc-to-launch-next-generation-broadcast-products-and-services30025 1684.html). 

31 ONE Media LLC A TSC Disclosure Statement and Licensing Declaration (Dec. I 0, 

2015) (atsc.org/wpcontent/uploads/20 15/12/0ne _ Media_ATSC _Patent_ Disclosure _12141 5.pdf). 

32 !d. 

33 See, e.g., Doug Halonen, Billions of$ At Stake in ATSC Next Gen Effort, TV News 

Check (Feb. 18, 20 17) (tvnewscheck.com/article/83062/billions-of--at-stake-in-atsc-nextgeneffort). 
The Honorable Ajit V. Pai 

Page 7 

II. Your interactions and the Trump Administration's interactions with Sinclair 

raise questions about the multiple FCC actions that have directly benefited the 

company. 

Multiple press repmts have suggested a favorable relationship existed between 

Sinclair and the Trump campaign, and now exists with the Trump Administration. This 

includes a report involving a meeting with President Trump and Sinclair's Executive 

Chairman, during which "potential FCC rules changes were discussed. "34 

Repmts further indicate that you, as Chairman of the FCC, have personally had a 

number of interactions both with the Administration and with Sinclair, as discussed below. 

Taken together, the volume of these interactions raise questions about the objectivity of recent 

FCC actions befitting Sinclair. Some of these reported interactions include the following: 

• After the election, President Trump reportedly met with the Executive Chairman 

and former CEO of Sinclair and discussed changing FCC rules to benefit 

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?"35 

• 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.36 

• After you became Chairman of the FCC, you reportedly met with President 

Trump in the Oval Office. 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.37 When asked directly about your meetings with President Trump, you 

declined to disclose what you discussed with President Trump, saying "I am not at 

liberty to say. "38 

• The week after the election, you reportedly attended a company conference for 

Sinclair's general managers, during which you met with Sinclair's CEO. A report 

34 Claire Atkinson and Josh Kosman, Sinclair is close to buying all ofTribune 's TV 

stations, New York Post (Mar. 14, 20 17). 

35 !d. 

36 Margaret Harding McGill, A peek at Pai 's calendar shows post-election agenda, 

Politico Pro, Mar. 10, 2017; John Eggerton, Trump Meets with FCC's Pai, Broadcasting & 

Cable (Jan. 17, 2017). 

37 John Egge1ton, Updated: Trump Meets With FCC's Pai in Oval Office, 

Broadcasting & Cable (Mar. 6, 20 17). 

38 Pai Declines to Discuss Trump Meetings, TVNewsCheck (Mar. 8, 2017). 
The Honorable Ajit V. Pai 

Page 8 

indicates that you attended on November 16, 2016 a Sinclair company summit for 

general managers at the Four Seasons Hotel in Baltimore.39 During that event, you 

reportedly met with Sinclair's then-CEO David Smith.40 

• You again met with both the current and former CEO of Sinclair in January. 

According to a Politico report, in January of this year, you met with Sinclair's formerCEO, David Smith, as well as the newly-named Sinclair CEO, Chris Ripley. 41 

• The President's campaign reportedly "struck a deal" with Sinclair to "secure 

better media coverage."42 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."43 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. 44 

• Sinclair hired former Trump Administration official Boris Epshteyn as a 

commentator and political analyst. 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.45 Epshteyn's segments are "must-run" programming for Sinclair 

stations, with nine segments airing per week.

46 One report has criticized the segments 

39 Todd Shields, Possible Tribune Suitor Sinclair Woos FCC's Pai on Regulations, 

Bloomberg (Mar. 27, 2017). 

40 Margaret Harding McGill, A peek at Pai 's calendar shows post-election agenda, 

Politico (Mar. 10, 20 17). 

41 !d. 

42 Josh Dawsey and Hadas Gold, Kushner: We struck deal with Sinclair for straighter 

coverage, Politico (Dec. 16, 20 16). 

43 !d. See also, Paul Farhi, How the nation 's largest owner of TV stations helped 

Donald Trump's campaign, Washington Post (Dec. 22, 2017) (reporting that Sinclair-owned 

stations devoted broadcast time to 15 exclusive interviews with then-candidate Trump and 

also required stations to air "must-run" segments during the stations' morning or evening 

newscasts that were favorable to then-candidate Trump or that were critical of his opponent). 

44 See note 42. 

45 Cynthia Littleton, Trump Spokesman Boris Epshteyn Joins Sinclair Broadcast 

Group as Political Analyst, Variety (Apr. 17, 2017). 

46 !d. 
The Honorable Ajit V. Pai 

Page 9 

as "propaganda,"47 and reporting on Sinclair's selection of "must-run" programming 

has raised "suggestions that Sinclair pushed right-leaning views."48 

We hope this letter will serve as an opportunity to respond to reports suggesting that 

you have failed to exercise adequate independence as FCC Chaitman and that may have 

resulted in the agency giving unusual and possibly preferential treatment to Sinclair. 

In order to provide you an opportunity to respond to these assertions, we ask that you 

provide answers to the attached list of questions. Your assistance in this matter is greatly 

appreciated, and we look forward to receiving a response by August 28. 

Frank Pallone, Jr. 

Ranking Member 

Diana DeGette 

Ranking Member 

Subcommittee on Oversight 

and Investigations 

Sincerely, 

Mike Doyle 

Ranking Member 

Subcommittee on Communications 

and Technology 

47 David Zurawik, Sinclair taking perilous political path with Boris Epshteyn, 

Baltimore Sun (July 14, 2017). 

48 Sydney Ember, Sinclair Requires TV Stations to Air Segments That Tilt to the Right, 

New York Times (May 12, 2017). 
ATTACHMENT 

Meetings/Correspondence: 

1. In a July 25, 2017 hearing before the Energy and Commerce Committee's Subcommittee 

on Communications and Technology,49 you had the following exchange with Ranking 

Member Pallone: 

Q: My question to the Chairman is numerous press accounts have detailed 

how your policies have benefited Sinclair Broadcast Group. There has 

also been speculation that the Trump Administration has been in touch 

with your office about a number of these policies, so I wanted to give you 

a chance to respond to those allegations, and specifically, can you tell us 

what the Administration has said - either to you or anyone in your office -

about Sinclair or the UHF discount? 

A: Thank you for the question Congressman. No one in the White House or 

the Administration generally has made any representations to me about 

any FCC proceeding relating to that company. They' ve not asked me to 

take any particular action or expressed views on the merits, and certainly 

not with respect to the UHF discount. 

Beyond making "any representations to [you] about any proceeding relating to that 

company," more specifically, has any White House official in the current Administration 

discussed Sinclair at all with you? If so, what was discussed? 

Has any White House official in the cunent Administration discussed Sinclair at all with 

anyone in your office? If so, what was discussed? 

2. Please provide a list of all the meetings either you or members of your office have had 

with representatives of Sinclair, including any lobbyists and lawyers representing 

Sinclair, since November 8, 2016. Did the Sinclair representatives discuss issues within 

the FCC's jurisdiction with you? If so, please provide a summary of the issues discussed. 

3. Please provide all correspondence between you or members of your office and 

representatives of Sinclair, including any lobbyists and lawyers representing Sinclair, 

since November 8, 2016. 

4. Have you or members of your office corresponded with representatives of Sinclair, 

including any lobbyists and lawyers representing Sinclair, since November 8, 2016, using 

a non-government email account? If so, please provide this correspondence. 

49 Oversight and Reauthorization of the Federal Communications Commission: Hearing 

Before the House Committee on Energy and Commerce, Subcommittee on Communications and 

Technology, 115th Congress (July 25, 2017). 
5. Please provide a list of any meetings you had with President Trump, or President-elect 

Trump, since November 8, 2016. Did Mr. Trump discuss issues within the FCC's 

jurisdiction with you? If these meetings did occur, please provide a summary of the 

issues discussed. If these meetings did occur, did Mr. Trump discuss Sinclair Broadcast 

Group with you? If so, please provide a summary of the discussion. 

Next Gen TV: 

6. As discussed above, the FCC has started a proceeding to allow TV broadcasters to begin 

using Next Gen TV- a technology whose primary patent-holder is Sinclair - amid 

concerns about how consumers would be affected by the transition. How do you intend 

to protect consumers so that they do not lose broadcast TV signals as stations transition to 

Next Gen TV? 

7. How do you intend to establish privacy protections for consumer data that will be 

collected using the Next Gen TV standard? 

Sinclair-Tribune Proposed Merger: 

8. As discussed above, several parties have expressed concerns that the FCC has established 

a pleading cycle that is too short for the FCC to determine whether the proposed 

Sinclair/Tribune transaction is in the public interest. How do you intend to ensure that 

the comment/pleading cycle for the proposed Sinclair/Tribune merger will allow for all 

interested parties to have adequate time to review, analyze, and comment on issues raised 

by the proposal? 

9. Will you extend the comment/pleading cycle to mirror the time frames provided for in the 

AT&T-DirecTV merger? If so, please describe your plan. If you will not commit to this 

measure, please explain the basis for your decision. 

10. Did representatiyes of Sinclair inform you or your office of a possible transaction with 

Tribune before the FCC voted to reinstate the UHF Discount? If so, please provide a 

copy of the written request, or a description of the oral request and the date of the 

relevant meeting or phone call. 

11. You established a sho1i timeframe within which the public could comment on Sinclair's 

proposed transaction with Tribune. Did representatives of Sinclair ever request an 

expedited FCC review of the proposed transaction, or request that the FCC review the 

proposed transaction within a particular timeframe? If so, please provide a copy of the 

written request, or a description of the oral request and the date of the relevant meeting or 

phone call. 
Processing Guidance on License Transfer Applications: 

12. Will you stmi a proceeding for the full Commission's consideration on how the Media 

Bureau should review license transfer applications with sharing agreements or financial 

agreements? Specifically, what is your plan to ensure that the Media Bureau has specific 

procedures to fully evaluate the impact of such transactions on the local markets and 

consumers? If you do not plan to put these specific procedures in place, please explain 

your reasons for not doing so. 

13. Did the Media Bureau staff evaluate any sharing agreements or financial agreements for 

stations in the same markets as the stations that Sinclair recently acquired from Bonten? 

14. Please provide a list of all pending TV license transfer applications, including data on 

transferor, transferee, acceptance date, days pending, whether sharing and/or financial 

agreements are involved, and primary application file numbers. 

15. Please provide a list of all TV license transfer applications that have been granted since 

March 2014, including data on transferor, transferee, acceptance date, granted date, 

whether sharing and/or financial agreements were involved, and primary application file 

numbers. 

Other Potential Proceedings: 

16. In January, you met with Sinclair representatives and Armstrong Williams to discuss 

Joint Sales Agreement attribution rules. 5° Do you plan to start a proceeding- or include 

in any Broadcast Ownership Quadrennial Review- a proposal to reverse the current Joint 

Sales Agreement attribution rule for TV and/or radio stations? 

17. Sinclair's CEO recently said to investors, "[w]e do expect this new FCC to tackle the 

ownership rules," and "[w]e're very optimistic about this new FCC and the leadership of 

Ajit Pai .. .. we definitely anticipate that more consolidation will happen." 51 Do you plan 

to start a proceeding- or include in any Broadcast Ownership Quadrennial Review - a 

proposal to relax the local TV ownership ("duopoly") rule? Do you plan to start a 

proceeding regarding the national TV ownership cap? If so, when? 

50 Letter from Colby M. May, Attorney, Howard Stirk Holdings, LLC and Howard Stirk 

Holdings II, LLC, to Ms. Marlene H. Dortch, Secretary, Federal Commuriications Commission, 

Re: Notice ofEx Parte Communication and Suppmi ofExpansion of Minority Ownership (Jan. 

23, 2017) (ecfsapi.fcc.gov/file/1 0123518122404/20170123%20--

%20HSH%20Ex%20Parte%20Notice.pdf). 

51 See note 39. 
FEDERAL COMMUN ICATIONS COMMISS ION 

WASH I NGTON 

OFFICE OF 

TH E C HAIRMAN 

The Honorable Frank Pallone 

Ranking Member 

Committee on Energy and Commerce 

U.S. House of Representatives 

September 15, 2017 

2322A Rayburn House Office Building 

Washington, D.C. 20515 

Dear Ranking Member Pallone: 

Thank you for your letter dated August 14, 2017. Since joining the Commission in May 

2012, I have been a strong advocate for maintaining a vibrant and free over-the-air broadcast 

service in this country. Whether I have been pushing for the revitalization of AM radio or 

fighting to ensure that broadcast television stations were treated fairly in the incentive auction 

proceeding, my actions have been motivated by my belief that a strong over-the-air broadcast 

service advances the public interest. They have not been fueled by a desire to help any particular 

company. 

Since I became Chairman in January 2017, it is certainly true that the FCC's general 

approach to issues impacting the broadcasting industry has changed. Under its prior leadership, 

the Commission was generally perceived as being hostile to broadcasters. I make no apologies 

for the fact that I have charted a different course. And I am pleased that the initiatives we have 

begun this year, from launching a proceeding to authorize use of the next-generation broadcast 

television standard to beginning a comprehensive effort to modernize the Commission's media 

regulations, have drawn support from a wide range of broadcasters associated with a wide 

variety of ideological perspectives. 

I am also proud of the fact that under my leadership, the agency's independence has been 

restored. Under the prior Administration, for example, the Commission changed its proposed 

course in a major regulatory proceeding following the President's personal intervention. In this 

Administration, however, the Commission's decisions are being guided by the facts and the law, 

not by political pressure applied by the White House. 

Below, I address more specifically the topics raised in your letter. 

Meetings/Correspondence 

Since November 8, 2016, I have met two times with President Trump. Each of these 

meetings has been publicly reported. On January 16, 2017, I met with then-President-Elect 

Trump at Trump Tower. This meeting was similar to a job interview, and the then-PresidentAttachment 2
Page 2- The Honorable Frank Pallone 

Elect did not express a view on any pending FCC proceedings. On March 6, 2017, I met with 

President Trump at the White House. During this meeting, too, we did not discuss any pending 

FCC proceedings. 

We did not discuss any issue pending at the FCC involving the Sinclair Broadcast Group 

at either meeting, and I do not recall the Sinclair Broadcast Group even being mentioned at either 

meeting. In terms of other White House officials in the current Administration, I do not recall 

having any discussions with any of them pertaining to the Sinclair Broadcast Group, and I am 

not aware of anyone in my office having such discussions. 

Since November 8, 2016, I believe that I have met with representatives of the Sinclair 

Broadcast Group three times. On November 16, 2016, I spoke at a gathering of Sinclair station 

general managers that took place in Baltimore. This event was scheduled well before November 

8. At this meeting, I gave a brief presentation regarding some of the issues confronting the FCC 

and then took questions on a wide variety of topics. I also had a brief lunch with some Sinclair 

executives. My Chief of Staff, Matthew Berry, accompanied me to this meeting. On January 6, 

2017, I met with representatives of Sinclair during my visit to the Consumer Electronics Show. 

My Wireline Advisor, Nick Degani, accompanied me to this meeting. This was a social meeting, 

and I do not recall any FCC matters being discussed. And on January 19, 2017, I met with 

Sinclair representatives in Arlington, Virginia. Pending FCC proceedings were discussed during 

this meeting, and a summary of that meeting was filed with the Commission on January 23, 

2017, and is publicly available through the FCC' s website. My Chief of Staff accompanied me 

to this meeting. 

Since November 8, 2016, I believe that two other members of my office have met with 

representatives of the Sinclair Broadcast Group. On January 31, 2017, FCC Chief of Staff 

Matthew Berry met with Jerry Fritz, who is a former FCC Chief of Staff. I have been told that 

no pending FCC matters were discussed. Rather, it is my understanding that Mr. Fritz often 

meets with new FCC Chiefs of Staff to share advice on performing that challenging job. On July 

7, 2017, my Media Advisor, Alison Nemeth, met with a representative of the Sinclair Broadcast 

Group. An ex parte letter summarizing this meeting was filed with the Commission on July 10, 

2017 and is publicly available through the FCC's website. I also cannot rule out the possibility 

that a representative of Sinclair Broadcast Group could have participated in a widely-attended 

meeting with a member of my office (for example, a large group of broadcasters from various 

companies), but I can't find any records of any such meetings. 

Correspondence between me or members of my office and representatives of Sinclair 

have been the subject of multiple FOIA requests. Along with this letter, I am sending such 

correspondence that has been produced to date in response to those FOIA requests. 
Page 3- The Honorable Frank Pallone 

Next Gen TV 

The Commission has received broad support for its proposal to authorize Next Gen TV 

on a voluntary, market-driven basis from broadcasters, including public television broadcasters, 

as well as public safety groups. Next Gen TV holds the potential to allow broadcasters to 

provide consumers greatly improved over-the-air signal reception, particularly on mobile devices 

and television receivers without outdoor antennas. It will also enable broadcasters to offer 

enhanced and innovative new features to consumers, including Ultra High Definition picture and 

immersive audio, advanced emergency alerting that has the capability to wake up receivers that 

are turned off to warn consumers of sudden disasters (such as tornadoes and earthquakes), better 

accessibility options for individuals with disabilities, more localized programming content, and 

interactive services. The Commission has proposed to require that Next Gen TV broadcast 

stations simulcast their primary Next Gen TV programming stream in the current DTV format to 

ensure that viewers can continue to watch programming on their local stations without buying 

new equipment. Under this proposal, each television station choosing to broadcast its signal in 

both the existing DTV format and Next Gen TV would arrange for another station in its local 

market to act as a "host" station and "simulcast" one of the two signals. The Commission is also 

considering whether to impose service area coverage requirements on Next Gen TV 

broadcasters' existing DTV service to minimize any loss of service to viewers that may occur if a 

broadcast station relocates its DTV signal to a "host" station. In addition, consumers may be 

able to upgrade their existing television receivers to receive Next Gen TV signals simply and 

inexpensively by attaching a dongle or other external device equipped with an ATSC 3.0 tuner to 

the HDMI port on their television receivers. 

With respect to the privacy of consumer data collected by Next Gen TV broadcasters, 

broadcasters have stated that viewer data collected will be anonymized to avoid privacy 

concerns. If Next Gen TV broadcasters fail to ensure that consumers' personal information is 

protected, the Federal Trade Commission (FTC) has broad authority to enforce consumers' 

privacy rights. Section 5 of the FTC Act, which prohibits unfair or deceptive practices in the 

marketplace, gives the FTC the authority to take enforcement action against companies that fail 

to adhere to their stated privacy and data security policies. Additionally, the FCC intends to 

closely monitor the transition to Next Gen TV and may take fmther action, consistent with our 

statutory authority, if it appears that Next Gen TV broadcasters are not adequately protecting the 

privacy of viewer data. 

Sinclair-Tribune Proposed Merger 

The FCC's Media Bureau has followed the same comment period for the Sinclair/Tribune 

applications that it has applied in other significant broadcast television station mergers, including 

the recent merger ofNexstar Broadcasting Group, Inc. and Media General, Inc.- a complex 

transaction valued at approximately $4.6 billion (larger than the instant transaction) that was 

reviewed and approved during the prior Administration. In light of the issues presented and the 
Page 4-The Honorable Frank Pallone 

scope and nature of the Sinclair transaction, the Nexstar/Media General transaction is a more 

appropriate comparison than the AT&T/DIRECTV merger proceeding, which was a nonbroadcast transaction that was subject to different rules, involved the acquisition of a satellite 

television provider by a telecommunications company, and presented numerous issues not 

present in the Sinclair/Tribune transaction. Thus, the pleading cycle for this transaction is 

consistent with precedent and is not expedited. We note in this regard that Sinclair did not 

request an expedited pleading cycle or request that the Commission complete its review in a 

particular timeframe. Furthermore, neither Sinclair nor Tribune nor anyone acting on behalf of 

either company informed me or my office of a possible transaction involving these companies 

before the Commission voted to reinstate the UHF discount. 

The record demonstrates that the pleading cycle, which closed on August 29, 2017, has 

allowed for robust public participation, providing interested parties an appropriate opportunity to 

review and comment on the proposed transaction. Eight petitions to deny were filed by the 

deadline of August 7, 2017. The record also contains many submissions from interested parties 

and a significant number of comments from members of the public. In addition, the petitioners, 

other interested parties, and the public are free to file comments on the merits of the transaction 

following the end of the formal petition-to-deny period. This proceeding is classified as "permitbut-disclose" for ex parte purposes, meaning that even after the formal pleading cycle ends, ex 

parte presentations to the Commission are permissible. Also, on September 14, 2017, the Media 

Bureau issued a request to the merging parties, seeking further information regarding the 

proposed transaction, with responses due by October 5, 2017. Interested parties will have an 

opportunity to submit comments based on the information provided in response to this request. 

Processing Guidance on License Transfer Applications 

The Commission's review of all broadcast transactions is governed by both statute and 

the Commission's structural ownership rules. Section 3 lO(d) of the Act prohibits the assignment 

or transfer of control of a license without prior Commission authorization. Thus, all transactions, 

including all agreements related to the sale of the station, must be evaluated to determine 

whether control will rest in the proposed buyer and whether the transaction will serve the public 

interest, convenience, and necessity. 

All transactions involving broadcast entities are also governed by specific structural rules 

that were created to promote competition, localism, and viewpoint diversity for the benefit of 

consumers in local markets. When applying these rules, the Commission relies on the attribution 

rules found in Note 2 to Section 73.3555 of the Commission's rules, 47 C.F.R. § 73.3555, Note 

2. The attribution rules identify specific financial and other corporate interests that confer a level 

of influence over programming decisions and other core operating functions such that the interest 

should be considered "ownership" for purposes of compliance with the structural rules. Where 

an interest is not specifically listed in the attribution rules, the staff looks to precedent in 

determining whether such relationships should nonetheless be deemed attributable. 
Page 5-The Honorable Frank Pallone 

In the recent acquisition ofBonten by Sinclair, the staff reviewed the sharing agreements 

and financial agreements presented in the application, consistent with longstanding Commission 

practice. Based on this thorough review, the Media Bureau concluded that these agreements did 

not result in either an unauthorized transfer of control prohibited by Section 310( d) or 

"attribution" for determining compliance with the numerical ownership restrictions of the local 

television ownership rule. Accordingly, contrary to demonstrating control over KBVU in 

circumvention of the local television ownership rule, as stated in your letter, Sinclair's 

agreements with KBVU do not rise to the level of attribution or control and are entirely 

consistent with the Commission's rules and precedent. 

In addition, we note that Sinclair's acquisition of the Bonten stations was unopposed at 

the Commission. Moreover, the time it took the Media Bureau to process the transaction was 

consistent with similar transactions in which there were no opposition filings or complex waiver 

requests. In fact, as you will see in the information we have provided in the lists of pending and 

completed television license transfer applications that you requested in your letter and that I am 

including with this response, assignment/transfer of control applications are frequently granted in 

similar or less time. 

Other Potential Proceedings 

On August 10, 2016, the Commission issued an order resolving the 20 10 and 2014 

broadcast ownership quadrennial review proceedings. Subsequently, several parties filed 

petitions for reconsideration of various aspects of this order, including the National Association 

of Broadcasters (NAB), Nexstar Broadcasting, Inc., and Connoisseur Media, LLC. Both the 

television Joint Sales Agreement (JSA) attribution rule and the local television ownership ruleamong others-have been raised in one or more of the petitions for reconsideration before the 

Commission, and the Commission is obligated to rule on those petitions at some point. With 

respect to altering the current radio JSA attribution rule, which has been in place since 2003, I 

have no plans to start a proceeding, nor has any party made such a request. With regard to issues 

involving the national television ownership cap, including whether the UHF discount should be 

eliminated, I have publicly stated that I intend to commence consideration of those issues 

through a Notice of Proposed Rulemaking by the end of the year. 

Please let me know if I can be of further assistance. 

Sincerely, 

a,,tk v ,~~ a jit V. Pai 
Attachment 3




Attachment 4



Attachment 5





FEDE RAL C OMMUNICATIONS COMMIS SION 

WASHINGTO N 

OFFICE OF 

THE CHAIRMAN 

The Honorable Frank Pallone 

Ranking Member 

Committee on Energy and Commerce 

U.S. House of Representatives 

2125 Rayburn House Office Building 

Washington, D.C. 20515 

Dear Congressman Pallone: 

December 21, 20 1 7 

Thank you for your letter dated September 29, 2017. As I explained in my September 8 

response to your previous letter, since joining the Federal Communications Commission in 2012, 

my actions to promote a vibrant and free over-the-air broadcast service have been motivated by 

my belief that a strong over-the-air broadcast service advances the public interest, not by a desire 

to help any particular company. 

I provide below specific responses to your additional questions. Particularly, with respect 

to the UHF discount, the responses below make clear that the Commission's decision this year to 

reverse the prior Commission's party-line decision and reinstate the UHF discount pending a 

holistic review of the national ownership cap was consistent with my prior actions and 

statements on this issue dating back four years and was made well before I was aware of the 

pending transaction between Sinclair and Tribune. 

Correspondence: 

1. Please provide all correspondence between you or members of your office and representatives 

of Sinclair, including any lobbyists and lawyers representing Sinclair, since November 8, 2016. 

Response: In addition to the correspondence that I provided in response to your previous letter, I 

am providing today additional correspondence from between November 8, 2016 and September 

29, 2017, the date of your letter, that has been processed in connection with pending FOIA 

requests. With this response, the only correspondence of which I am aware between my office 

and representatives of Sinclair between November 8, 2016, and the date of your letter that you 

have not received are e-mails concerning a pending enforcement matter, which would not be 

appropriate for me to release at this time. 

2. Have you or members of your office corresponded with representatives of Sinclair, including 

any lobbyists and lawyers representing Sinclair, since November 8, 2016, using a nongovernment email account? If so, please provide this correspondence. 

Response: I have surveyed my staff, and we have only located one such e-mail, which was from 

Jerry Fritz on March 28, 2017. That email, regarding ATSC 3.0 chip development in India, was 

Attachment 6
Page 2-The Honorable Frank Pallone 

sent to my personal e-mail account and my Chief of Staff's official e-mail account. Consistent 

with FCC policy, my Chief of Staff forwarded this e-mail message to my official e-mail account 

one minute after it was received so that it would be made part of the Commission's records. I am 

providing this e-mail and the forwarded e-mail along with this letter. 

3. Have you or members of your office corresponded with representatives of Sinclair, including 

any lobbyists and lawyers representing Sinclair, since November 8, 2016, using social media 

messaging services or other messaging applications, such as, but not limited to, Facebook 

messenger? If so, please provide this correspondence. 

Response: I have surveyed my staff, and we have not located any such correspondence. 

4. Please provide a copy of every FOIA request, both completed and pending, that relate 

specifically to Sinclair. 

Attached is a chart that lists each FOIA request related specifically to Sinclair filed between June 

2016 and the date of your letter, the person or entity that requested it, the submitted date and 

status. 

Sinclair-Tribune Proposed Merger: 

1. When did you or your staff become aware of a possible transaction between Sinclair and 

Tribune? 

Response: Although rumors of a potential transaction between Sinclair and Tribune surfaced in 

the press as early as March 2017, the Media Bureau staff, my staff, and I became aware of the 

specific pending transaction in May 2017, first from news outlets and then from the parties. The 

New York Times reported a possible deal on May 7, 2017, and on May 8, 2017, counsel for 

Sinclair called my office with the standard courtesy heads-up and sent the Media Bureau staff a 

press announcement. The applications were filed on June 26, 2017. 

2. When did you direct the Media Bureau to begin drafting an order to reinstate the UHF 

discount? 

Response: My office directed the Media Bureau to begin drafting an Order on Reconsideration 

to reinstate the UHF discount pending a holistic review of the national ownership cap in late 

January 2017, shortly after I was named Chairman of the Commission. This direction was 

consistent with my September 2016 dissent from the Report and Order that eliminated the 

discount without also analyzing the national ownership cap--a decision that was arbitrary and 

capricious. That direction was also consistent with the position that I took in 2013 when the 

Commission considered a Notice of Proposed Rulemaking regarding the UHF discount. And 

that direction was reflected in the Commission's adoption on December 14 of a Notice of 
Page 3-The Honorable Frank Pallone 

Proposed Rulemaking seeking public input on the scope of the Commission's authority both to 

adjust the cap and eliminate the UHF discount. 

3. When did the Media Bureau begin to draft the September 14 Information Request letter to the 

applicants? 

Response: The staff began considering issuing an information request within a couple of days 

after the applications were filed in late June. As part of the review process for any assignment of 

license or transfer of control application, the Media Bureau staff reviews the application and 

begins to determine what, if any, additional information will be needed in order to rule on the 

application. That review marks the beginning of the process by which the staff determines 

whether to request additional information from applicants. 

4. Will the Media Bureau seek the additional information requested by interested parties in the 

July 12, 2017 Motion for Additional Information and Documents and Extension of Time? 

Response: The Media Bureau issued an extensive Information Request on September 14, 2017. 

Some of the information requested was also the same as information sought by interested parties 

in their July 12,2017 Motion. In response to the Bureau's September 14 Information Request, 

Sinclair provided more than 400 pages of documents on October 5, 2017. Staff is reviewing this 

response and will determine whether additional information is needed. In addition, the Media 

Bureau issued a Public Notice on October 18, 2017 inviting additional comments on this 

response. Such comments were due on or before November 2, 2017. Staff is reviewing the 

additional comments as well to determine whether additional information is needed from the 

applicants. 

5. Will the Media Bureau pause the informal180-day clock, as it has done in previous merger 

reviews, [footnote omitted] once the applicants respond to the information request in order for 

interested parties to have time to review and respond to the new information? 

Response: On October 18, 2017, the Media Bureau released a Public Notice that stopped the 

clock for 15 days, until November 2, and stated that interested parties could submit additional 

comments in the proceeding to respond to the applicants' October 5 filing. See Media Bureau 

Seeks Comment on Additional Submission in the Proceeding/or Transfer of Control ofTribune 

Media Company to Sinclair Broadcast Group, Inc. and Pauses Informal 180-Day Transaction 

Shot Clock, Public Notice, DA 17-1026 (MB Oct. 18, 2017). 

Processing Guidance on License Transfer Applications: 

1. Will you start a process for the full Commission's consideration on how the Media Bureau 

should review license transfer applications with sharing agreements or financial agreements? 

Specifically, what is your plan to ensure that the Media Bureau has specific procedures to fully 
Page 4-The Honorable Frank Pallone 

evaluate the impact of such transactions on the local markets and consumers? If you do not plan 

to put these specific procedures in place, please explain your reasons for not doing so. 

Response: The Commission has rules and processes in place to ensure that proposed 

transactions, including those involving sharing or financial agreements, are thoroughly analyzed. 

I do not intend at this time to create a new process for review of such transactions. The Media 

Bureau has extensive experience in analyzing transactions involving sharing agreements and 

financial agreements. 

Other Potential Proceedines: 

l. Please provide a specific time frame for the Commission's consideration of revisions to the 

current TV Joint Sales Agreement attribution rule. 

Response: The Commission voted on that issue at our November 16 meeting. 

2. Please provide a specific time frame for the Commission's consideration of revisions to the 

current local TV ownership ("duopoly") rule. 

Response: The Commission voted on that issue at our November 16 meeting. 

3. Please provide a specific time frame for the Commission's consideration of revisions to the 

current national TV ownership cap. 

Response: As mentioned above, the Commission adopted a Notice of Proposed Rulemaking at 

our December 14 meeting to launch an examination of the current national television ownership 

cap, including the UHF discount. 

4. Please provide a specific time frame for the Commission to start the next Quadrennial Review 

of Broadcast Ownership rules. 

Response: Pursuant to Section 202(h) of the Telecommunications Act of 1996, as amended, the 

Commission must initiate a review of its broadcast ownership rules every four years. The last 

review was initiated in 2014 and consolidated into the ongoing 2010 review by my predecessor. 

Accordingly, the Commission will initiate the next review in 2018, consistent with its statutory 

obligation. 

Sincerely:

1 _ 

1Lv. \r it ~. Pai ]'---
Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 1 of 2 

are 

Investigative Activity Report 

Subject Matter/Remarks 

The Federal Communications Commission (FCC) Office of Inspector General (OIG) is 

investigating allegations of improprieties related to the Commission’s review of the proposed 

merger between Sinclair Broadcast Group (Sinclair) and Tribune Media (Tribune). Specifically, 

FCC OIG is investigating allegations that the actions taken by FCC Chairman PAI related to the 

proposed Sinclair-Tribune merger demonstrates actual impropriety, unscrupulous behavior, 

favoritism towards Sinclair, or lack of impartiality or create the appearance of impropriety, 

unscrupulous behavior, favoritism towards Sinclair, or lack of impartiality. This investigation 

was requested by members of the Energy and Commerce Committee of the United States House 

of Representatives in a letter to the Inspector General dated November 13, 2017 and by members 

of the United States Senate in a letter to the Inspector General dated November 15, 2017. 

On November 27, 2017, the computer forensics investigator sent an email message to 

, FCC Information Technology Center (ITC), requesting current copies of Outlook 

mailboxes and Office 365 archived email for PAI and Matthew BERRY (Chief of Staff to PAI). 

On December 6, 2017, the computer forensics investigator received an email message from 

 indicating that the requested Outlook mailboxes and Office 365 archived email 

had been restored. On December 12, 2017, the computer forensics investigator sent an email 

Type of Activity: 

 Personal Interview 

 Telephone Interview 

 Records Review 

 Other 

Location of Activity: 

OIG Computer Forensics Lab, FCC 

Headquarters, 445 12th Street, S.W., Room 2-

C423, Washington, DC 20554 

Activity Date and Time: 

November 27, 2017 at 1055 hrs. KGLT 

Activity Description: 

Obtained digital evidence related to OIG 

investigation of allegations of impropriety 

related to the Commission’s review of the 

proposed Sinclair-Tribune merger 

Report Date: 

July 30, 2018 

Conducted By:

Federal Communications Commission 

Office of Inspector General 

Attachment 7

(b) (7)(C)

(b) (6)

(b) (6)
INVESTIGATIVE ACTIVITY REPORT (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 2 of 2 

message to requesting Outlook mailboxes for Nicholas DEGANI (Senior 

Counsel to PAI) and Brendan CARR (FCC Commissioner) and network shares (N:\ drives) for 

PAI, BERRY, DEGANI, and CARR. On January 3, 2018, received an email message from 

 indicating that the requested Outlook mailboxes and Office 365 archived email 

had been restored. On January 3, 2018, , ITC, hand delivered fifteen (15) TDK 

DVD’Rs containing the network shares (N:\ drives) for PAI, BERRY, DEGANI, and CARR. A 

complete copy of the notes and supporting documentation obtained during the evidence 

acquisition process is included as an attachment to this Investigative Activity Report (IAR). 

(b) (6) (b) (6) (b) (6)
Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 1 of 2 

are 

Investigative Activity Report 

Subject Matter/Remarks 

The Federal Communications Commission (FCC) Office of Inspector General (OIG) is 

investigating allegations of improprieties related to the Commission’s review of the proposed 

merger between Sinclair Broadcast Group (Sinclair) and Tribune Media (Tribune). Specifically, 

FCC OIG is investigating allegations that the actions taken by FCC Chairman PAI related to the 

proposed Sinclair-Tribune merger demonstrates actual impropriety, unscrupulous behavior, 

favoritism towards Sinclair, or lack of impartiality or create the appearance of impropriety, 

unscrupulous behavior, favoritism towards Sinclair, or lack of impartiality. This investigation 

was requested by members of the Energy and Commerce Committee of the United States House 

of Representatives in a letter to the Inspector General dated November 13, 2017 and by members 

of the United States Senate in a letter to the Inspector General dated November 15, 2017. 

On November 27, 2017, the computer forensics investigator sent an email message to 

, FCC Information Technology Center (ITC), requesting current copies of Outlook 

mailboxes and Office 365 archived email for PAI and Matthew BERRY (Chief of Staff to PAI). 

On December 6, 2017, the computer forensics investigator received an email message from 

 indicating that the requested Outlook mailboxes and Office 365 archived email 

had been restored. On December 12, 2017, the computer forensics investigator sent an email 

Type of Activity: 

 Personal Interview 

 Telephone Interview 

 Records Review 

 Other 

Location of Activity: 

OIG Computer Forensics Lab, FCC 

Headquarters, 445 12th Street, S.W., Room 2-

C423, Washington, DC 20554 

Activity Date and Time: 

January 9, 2018 at 1426 hrs. KGLT 

Activity Description: 

Examined digital evidence related to OIG 

investigation of allegations of impropriety 

related to the Commission’s review of the 

proposed Sinclair-Tribune merger 

Report Date: 

July 31, 2018 

Conducted By:

Federal Communications Commission 

Office of Inspector General 

Attachment 8

(b) (7)(C)

(b) (6)

(b) (6)
INVESTIGATIVE ACTIVITY REPORT (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 2 of 2 

message to requesting Outlook mailboxes for Nicholas DEGANI (Senior 

Counsel to PAI) and Brendan CARR (FCC Commissioner) and network shares (N:\ drives) for 

PAI, BERRY, DEGANI, and CARR. On January 3, 2018, received an email message from 

 indicating that the requested Outlook mailboxes and Office 365 archived email 

had been restored. On January 3, 2018, , ITC, hand delivered fifteen (15) TDK 

DVD’Rs containing the network shares (N:\ drives) for PAI, BERRY, DEGANI, and CARR. 

On January 9, 2018, the computer forensics investigator created a case in FTK entitled “OIG-I18-0006 Sinclair Broadcast Group” on the Forensic6 forensic analysis workstation in the OIG 

computer forensics laboratory located at 445 12th Street, S.W., Room 2-C423, Washington, DC 

20554 and added the previously described digital evidence. The computer forensics investigator 

began the forensic examination of the digital evidence on March 19, 2018 and the examination 

was competed on July 31, 2018. A complete copy of the notes and supporting documentation 

obtained during the examination process is included as an attachment to this Investigative 

Activity Report (IAR). 

(b) (6) (b) (6) (b) (6)
Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 1 of 3 

are 

Investigative Activity Report 

Subject Matter/Remarks 

The Federal Communications Commission (FCC) Office of Inspector General (OIG) is 

investigating allegations of improprieties related to the Commission’s review of the proposed 

merger between Sinclair Broadcast Group (Sinclair) and Tribune Media (Tribune). Specifically, 

FCC OIG is investigating allegations that the actions taken by FCC Chairman PAI related to the 

proposed Sinclair-Tribune merger demonstrates actual impropriety, unscrupulous behavior, 

favoritism towards Sinclair, or lack of impartiality or create the appearance of impropriety, 

unscrupulous behavior, favoritism towards Sinclair, or lack of impartiality. This investigation 

was requested by members of the Energy and Commerce Committee of the United States House 

of Representatives in a letter to the Inspector General dated November 13, 2017 and by members 

of the United States Senate in a letter to the Inspector General dated November 15, 2017. 

On December 12, 2017, the computer forensics investigator sent an email message to 

, FCC Information Technology Center (ITC), requesting desk phone and mobile phone 

records for PAI, Matthew BERRY (Chief of Staff to PAI), Nicholas DEGANI (Senior Counsel 

to PAI), and Brendan CARR (FCC Commissioner) for the period from November 1, 2016 to the 

present. On January 16, 2018, the computer forensics investigator received an email message 

from , Contractor with ITC, with Microsoft Excel spreadsheets containing the 

desk phone records for PAI, BERRY, DEGANI, and CARR included as attachments. 

Type of Activity: 

 Personal Interview 

 Telephone Interview 

 Records Review 

 Other 

Location of Activity: 

OIG Computer Forensics Lab, FCC 

Headquarters, 445 12th Street, S.W., Room 2-

C423, Washington, DC 20554 

Activity Date and Time: 

December 12, 2017 at 0814 hrs. KGLT 

Activity Description: 

Obtained and reviewed desk phone records for 

Ajit Pai, Matthew Berry, Brendan Carr, and 

Nicholas Degani 

Report Date: 

March 9, 2018 

Conducted By:

Federal Communications Commission 

Office of Inspector General 

Attachment 9

(b) (7)(C)

(b) (6)

(b) (6)
INVESTIGATIVE ACTIVITY REPORT (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 2 of 3 

The computer forensics investigator developed a Microsoft Office document entitled “Sinclair 

Broadcast Group Executives” that contains contact information (i.e., phone numbers and email 

addresses) for Sinclair executives, outside legal counsel, and known outside advisors. This 

document was developed by reviewing the Sinclair website, reviewing Sinclair filings with the 

FCC, reviewing previously obtained email correspondence to and from the Sinclair email 

domain (sbgtv.com), and by running LexisNexis Law Enforcement Portal reports for these 

individuals. A copy of the document is included as Attachment 1 to this IAR. 

The computer forensics investigator used the native search functionality of Microsoft Excel to 

search each of the four (4) Microsoft Excel spreadsheets containing desk phone records for PAI, 

BERRY, DEGANI, and CARR for contact with any of the phone numbers identified on the 

“Sinclair Broadcast Group Executives” document. The computer forensics investigator created a 

Microsoft Excel spreadsheet and added the detailed call information for each contact identified. 

A copy of the Microsoft Excel spreadsheet containing detailed call information is included as 

Attachment 2 to this IAR. 

The following contacts were identified: 

Date and Time Caller Recipient Duration 

(seconds) 

11/16/16 12:10:39 PM Rebecca Hanson Mobile 

Phone 

BERRY Desk Phone 

8 

1/18/17 10:00:07 AM Rebecca Hanson Desk 

Phone 

BERRY Desk Phone 

61 

1/18/17 10:31:41 AM BERRY Desk Phone Rebecca Hanson 

Mobile Phone 

 165 

3/3/17 8:15:18 AM Rebecca Hanson Desk 

Phone 

BERRY Desk Phone 

85 

3/9/17 1:52:16 PM Rebecca Hanson Desk 

Phone 

BERRY Desk Phone 

36 

3/9/17 2:03:20 PM BERRY Desk Phone Rebecca Hanson Desk 

Phone 161 

3/29/17 12:33:52 PM BERRY Desk Phone Rebecca Hanson Desk 

Phone 19 

3/29/17 2:35:29 PM Rebecca Hanson Mobile 

Phone 

BERRY Desk Phone 

28 

3/29/17 3:11:59 PM BERRY Desk Phone Rebecca Hanson 

Mobile Phone 

 213 

5/3/17 8:31:28 AM BERRY Desk Phone Rebecca Hanson Desk 

Phone 996 

(b) (6) (b) (6)

(b) 

(6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)

(b) 

(6) (b) (6)
INVESTIGATIVE ACTIVITY REPORT (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 3 of 3 

6/2/17 7:23:42 AM Rebecca Hanson Desk 

Phone 

BERRY Desk Phone 

42 

6/2/17 9:51:36 AM BERRY Desk Phone Rebecca Hanson Desk 

Phone 19 

6/2/17 10:33:25 AM Rebecca Hanson Desk 

Phone 

BERRY Desk Phone 

50 

6/2/17 10:56:49 AM BERRY Desk Phone Rebecca Hanson Desk 

Phone 423 

(b) (6) (b) (6) (b) (6) (b) (6)
Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 1 of 2 

are 

Investigative Activity Report 

Subject Matter/Remarks 

The Federal Communications Commission (FCC) Office of Inspector General (OIG) is 

investigating allegations of improprieties related to the Commission’s review of the proposed 

merger between Sinclair Broadcast Group (Sinclair) and Tribune Media (Tribune). Specifically, 

FCC OIG is investigating allegations that the actions taken by FCC Chairman PAI related to the 

proposed Sinclair-Tribune merger demonstrates actual impropriety, unscrupulous behavior, 

favoritism towards Sinclair, or lack of impartiality or create the appearance of impropriety, 

unscrupulous behavior, favoritism towards Sinclair, or lack of impartiality. This investigation 

was requested by members of the Energy and Commerce Committee of the United States House 

of Representatives in a letter to the Inspector General dated November 13, 2017 and by members 

of the United States Senate in a letter to the Inspector General dated November 15, 2017. 

On December 12, 2017, the computer forensics investigator sent an email message to 

, FCC Information Technology Center (ITC), requesting desk phone and mobile phone 

records for PAI, Matthew BERRY (Chief of Staff to PAI), Nicholas DEGANI (Senior Counsel 

to PAI), and Brendan CARR (FCC Commissioner) for the period from November 1, 2016 to the 

present. On February 14, 2018, the computer forensics investigator received an email message 

from with ITC, with a Microsoft Excel 

Type of Activity: 

 Personal Interview 

 Telephone Interview 

 Records Review 

 Other 

Location of Activity: 

OIG Computer Forensics Lab, FCC 

Headquarters, 445 12th Street, S.W., Room 2-

C423, Washington, DC 20554 

Activity Date and Time: 

December 12, 2017 at 0814 hrs. KGLT 

Activity Description: 

Obtained and reviewed mobile phone records 

for Ajit Pai, Matthew Berry, Brendan Carr, and 

Nicholas Degani 

Report Date: 

March 20, 2018 

Conducted By:

Federal Communications Commission 

Office of Inspector General 

Attachment 10

(b) (7)(C)

(b) (6)

(b) (6)
INVESTIGATIVE ACTIVITY REPORT (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 2 of 2 

spreadsheet containing the mobile phone records for PAI, BERRY, DEGANI, and CARR 

included as an attachment. 

The computer forensics investigator developed a Microsoft Office document entitled “Sinclair 

Broadcast Group Executives” that contains contact information (i.e., phone numbers and email 

addresses) for Sinclair executives, outside legal counsel, and known outside advisors. This 

document was developed by reviewing the Sinclair website, reviewing Sinclair filings with the 

FCC, reviewing previously obtained email correspondence to and from the Sinclair email 

domain (sbgtv.com), and by running LexisNexis Law Enforcement Portal reports for these 

individuals. A copy of the document is included as Attachment 1 to this IAR. 

The computer forensics investigator used the native search functionality of Microsoft Excel to 

search the Microsoft Excel spreadsheet containing mobile phone records for PAI, BERRY, 

DEGANI, and CARR for contact with any of the phone numbers identified on the “Sinclair 

Broadcast Group Executives” document. The computer forensics investigator created a 

Microsoft Excel spreadsheet and added the detailed call information for each contact identified. 

A copy of the Microsoft Excel spreadsheet containing detailed call information is included as 

Attachment 2 to this IAR. 

The following contacts were identified: 

Date Caller Recipient Duration 

(minutes) 

03/23/2017 BERRY Mobile Phone Rebecca Hanson Desk 

Phone 3 

04/23/2017 BERRY Mobile Phone Rebecca Hanson 

Mobile Phone 

 4 

(b) (6) (b) (6) (b) (6)

(b) 

(6)
Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 1 of 2 

are 

Investigative Activity Report 

Subject Matter/Remarks 

The Federal Communications Commission (FCC) Office of Inspector General (OIG) is 

investigating allegations of improprieties related to the Commission’s review of the proposed 

merger between Sinclair Broadcast Group (Sinclair) and Tribune Media (Tribune). Specifically, 

FCC OIG is investigating allegations that the actions taken by FCC Chairman PAI related to the 

proposed Sinclair-Tribune merger demonstrates actual impropriety, unscrupulous behavior, 

favoritism towards Sinclair, or lack of impartiality or create the appearance of impropriety, 

unscrupulous behavior, favoritism towards Sinclair, or lack of impartiality. This investigation 

was requested by members of the Energy and Commerce Committee of the United States House 

of Representatives in a letter to the Inspector General dated November 13, 2017 and by members 

of the United States Senate in a letter to the Inspector General dated November 15, 2017. 

On December 12, 2017, the computer forensics investigator sent an email message to Mary 

HARMON, FCC Security Officer, requesting visitor logs for the period from November 1, 2016 

through December 12, 2017 for the FCC Headquarters facility located at 445 12th Street, S.W., 

Washington, DC 20554. On December 13, 2017, the computer forensics investigator received an 

email message from HARMON that included an Adobe PDF copy of the requested visitor logs 

as an attachment. 

Type of Activity: 

 Personal Interview 

 Telephone Interview 

 Records Review 

 Other 

Location of Activity: 

OIG Computer Forensics Lab, FCC 

Headquarters, 445 12th Street, S.W., Room 2-

C423, Washington, DC 20554 

Activity Date and Time: 

December 12, 2017 at 0816 hrs. KGLT 

Activity Description: 

Obtained and reviewed visitor logs for the FCC 

Headquarters facility located at 445 12th Street, 

S.W., Washington, DC 20554 

Report Date: 

March 28, 2018 

Conducted By:

Federal Communications Commission 

Office of Inspector General 

Attachment 11

(b) (7)(C)
INVESTIGATIVE ACTIVITY REPORT (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 2 of 2 

The computer forensics investigator developed a Microsoft Office document entitled “Sinclair 

Broadcast Group Executives” that contains contact information (i.e., phone numbers and email 

addresses) for Sinclair executives, outside legal counsel, and known outside advisors. This 

document was developed by reviewing the Sinclair website, reviewing Sinclair filings with the 

FCC, reviewing previously obtained email correspondence to and from the Sinclair email 

domain (sbgtv.com), and by running LexisNexis Law Enforcement Portal reports for these 

individuals. A copy of the document is included as Attachment 1 to this IAR. 

The computer forensics investigator used the native search functionality of Adobe Acrobat to 

search the visitor logs for each of the individuals identified on the “Sinclair Broadcast Group 

Executives” document. The computer forensics investigator created a Microsoft Excel 

spreadsheet and added visitor log information for each contact identified. A copy of the 

Microsoft Excel spreadsheet containing detailed visitor log information is included as 

Attachment 2 to this IAR. 
Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 1 of 2 

are 

Investigative Activity Report 

Subject Matter/Remarks 

The Federal Communications Commission (FCC) Office of Inspector General (OIG) is 

investigating allegations of improprieties related to the Commission’s review of the proposed 

merger between Sinclair Broadcast Group (Sinclair) and Tribune Media (Tribune). Specifically, 

FCC OIG is investigating allegations that the actions taken by FCC Chairman PAI related to the 

proposed Sinclair-Tribune merger demonstrates actual impropriety, unscrupulous behavior, 

favoritism towards Sinclair, or lack of impartiality or create the appearance of impropriety, 

unscrupulous behavior, favoritism towards Sinclair, or lack of impartiality. This investigation 

was requested by members of the Energy and Commerce Committee of the United States House 

of Representatives in a letter to the Inspector General dated November 13, 2017 and by members 

of the United States Senate in a letter to the Inspector General dated November 15, 2017. 

To identify meetings at the FCC involving Sinclair staff and representatives, the computer 

forensics investigator (1) obtained and reviewed the Chairman’s September 15, 2017 letter to 

United States Representatives Pallone, Doyle, and DeGette, (2) obtained and reviewed visitor 

logs for the FCC headquarters facility located at 445 12th Street, S.W., Washington, DC (a 

separate IAR dated March 28, 2018 was prepared for the review of visitor logs), and (3) searched 

the Electronic Comment Filing System (ECFS) using law firms “pillsbury” and “lerman” and 

filer “Sinclair” to identify Ex Parte filings. Using these sources, the computer forensics 

investigator prepared the attached schedule of meetings involving Sinclair executives and/or 

Type of Activity: 

 Personal Interview 

 Telephone Interview 

 Records Review 

 Other 

Location of Activity: 

OIG Computer Forensics Lab, FCC 

Headquarters, 445 12th Street, S.W., Room 2-

C423, Washington, DC 20554 

Activity Date and Time: 

July 20, 2018 at 0806 hrs. KGLT 

Activity Description: 

Reviewed meetings between Sinclair executives 

and/or representatives and FCC staff 

Report Date: 

August 1, 2018 

Conducted By:

Federal Communications Commission 

Office of Inspector General 

Attachment 12

(b) (7)(C)
INVESTIGATIVE ACTIVITY REPORT (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title: 

Sinclair Broadcast Group

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Inspector General 

Page 2 of 2 

representatives (legal representatives and lobbyists). Where information was available, the 

computer forensics attempted to determine the attendees (FCC and Sinclair) and purpose for 

each of these meetings. 

On July 17, 2018, , sent an 

email message to Matthew Berry, Chief of Staff, requesting information about these visits. On 

August 16, 2018, Matthew Berry provided additional information about meetings identified 

during the OIG analysis. The meeting schedule and information about each known meeting was 

updated and is attached to this IAR. 

The computer forensics investigator was unable to obtain information for the following visits: 

Date FCC Other Party 

October 13, 2017 Unknown 

Host is unknown 

Jerald Fritz (SBG) 

November 20, 2017 Unknown 

Host is unknown 

Barry Faber (SBG) 

(b) (7)(C)
Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 1 of 5 

Memorandum of Interview 

Subject Matter/Remarks 

On August 3, 2018, Federal Communications Commission (FCC) Office of Inspector General 

(OIG) Agent and 

 interviewed Matthew BERRY. 

In November, 2017, the Office of Inspector General (OIG) received letters from members of the 

U.S. House of Representatives and the U.S. Senate requesting an investigation into whether FCC 

Chairman Pai “has taken actions to improperly benefit Sinclair Broadcast Group (Sinclair),” and 

whether the Chairman “is executing his leadership of the FCC free from influences that 

compromise his objectivity and impartiality,” especially with regard to the proposed merger of 

Sinclair and Tribune Media. This interview is in furtherance of that investigation. 

 is the author of this report. 

BACKGROUND OF MATTHEW BERRY

Matthew Berry’s personal and contact information is: 

Full Name: Matthew Berry 

Type of Activity: 

 Personal Interview 

 Telephone Interview 

 Other

Interview Date and Time: 

August 3, 2018 

10:30am 

Interview of: 

Matthew Berry, Chief of Staff, Office of 

Chairman Pai 

Location of Interview: 

FCC Headquarters 

445 12th Street, S.W. 

Washington, DC 

Room 8-B201E (Matthew Berry’s Office) 

Report Date: 

August 3, 2018 

Conducted By:

Federal Communications Commission 

Office of Inspector General 

Attachment 13

(b) (7)(C)

(b) (7)(C)

(b) (7)(C)

(b) (7)(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 2 of 5 

Work Telephone: (202) 418-2005 

Work Address: 445 12th Street S.W., Room 8-B201E, Washington, DC 20554 

Work Email: matthew.berry@fcc.gov 

BERRY’s title is Chief of Staff (COS). BERRY has been COS since Ajit Pai became the FCC 

Chairman in January 2017. 

INFORMATION PROVIDED BY MATTHEW BERRY 

 presented credentials to BERRY at the beginning of the interview and explained that 

pursuamt to 18 U.S.C. 1001, he is obligated to tell the truth and it was a crime for him not to do 

so. In response to questioning, BERRY voluntarily provided the following information: 

STATEMENT OF MATTHEW BERRY 

 relayed to BERRY that, as part of the investigation, OIG has 

 Reviewed responses to congressional inquiries; 

 Obtained and reviewed email correspondence; 

 Obtained and reviewed network shares; 

 Obtained and reviewed phone records; 

 Obtained and reviewed facility access records; and 

 Reviewed regulatory actions 

 Reviewed ex parte filings 

 explained that he intended to review with BERRY the specifics of several meetings 

and ask about other correspondence and contacts he may have had with regard to Sinclair as 

follow-up to the responses the Chairman provided to Congress in a letter dated September 15, 

2017. Prior to answering questions, BERRY asked to make a statement regarding his opinion on 

the propriety of the investigation. He maintained that all actions with regard to media ownership 

generally, and Sinclair specifically, were consistent with both his, and the Chairman’s long –held 

policy positions. He stated it was unfortunate that members of Congress could make accusations 

of wrongdoing without any evidence, and in so doing, disparage their reputations. 

Meetings with SINCLAIR Executives and Representatives 

BERRY was asked to recollect a luncheon held on November 16, 2016, attended by BERRY and 

Chairman Pai following a meeting with Sinclair general managers. BERRY recalled that the 

luncheon actually took place before the presentation to Sinclair General managers. It was a 

social lunch. Some Sinclair executives complained about then-Chairman Wheeler and stated 

their belief that the FCC was biased against them. They expressed their satisfaction with the 

results of the election. There were no substantive discussions regarding regulatory issues. The 

(b) (7)(C) (b) (7)(C) (b) (7)(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 3 of 5 

meeting was scheduled long before the election. provided a document recovered 

from BERRY’s network share entitled “Sinclair Talking Points” (copy is attached to this MOI). 

BERRY reviewed the document and confirmed that these were the talking point used by the 

Chairman during his presentation to Sinclair general managers. 

On January 19, 2017 Chairman Pai and Matthew BERRY met with Sinclair representatives to 

discuss pending proceedings. noted that, pursuant to the ex parte filings, matters 

discussed included Diversification of Ownership, Attribution of Joint Sales Agreements in Local 

Television Markets, need for reestablishment of JSAs and Shared Services Agreements. BERRY 

had nothing to add to the ex parte filing except to note that the Sinclair representatives voiced 

generalized complaints that the FCC favored big telecommunications companies over 

broadcasters. BERRY thought their positions “were a bit odd.” 

BERRY does not recall any substantive meeting with Sinclair executives or representatives held 

subsequent to the date of the Congressional response (September 15, 2017) except one meeting 

held on January 4, 2018 with Barry Faber, Miles Mason and perhaps Rebecca Hanson. This 

meeting was held at the request of Sinclair for the purpose of discussing the proposed merger. 

Various concerns were raised by Sinclair and BERRY offered some constructive guidance 

relative to the merger and a pending Notice of Apparent Liability filed against Sinclair by the 

Commission. Positions taken by Sinclair were indicative of the actions taken by the company 

that ultimately led to the FCC’s determination to designate the license transfer applications for 

hearing (HDO). Sinclair was unwilling to do what was necessary for the merger to have a chance 

for success. Sinclair waited too long to file for divestitures and ignored concerns raised by FCC 

staff regarding those divestitures. “Sinclair wanted 100% of what it wanted, or nothing.” The 

company would have had a better chance if it were more cooperative. 

BERRY was asked to respond to the following list of questions: 

1. Do you have anything to add to the descriptions of the meetings that were provided in 

Chairman Pai’s letter to House member on September 15, 2017 or in the meetings 

subsequent thereto regarding Sinclair? 

2. Did Sinclair executives or representatives pressure you or Chairman Pai to take actions 

favorable to Sinclair during any of these meetings? 

3. Did Sinclair executives or representatives suggest that taking actions favorable to Sinclair 

would be politically beneficial (i.e., supported by President Trump and/or administration 

officials) during any of these meetings? 

4. Did Sinclair executives or representatives suggest the possibility of adverse consequences 

if actions favorable to Sinclair were not taken by the Commission during any of these 

meetings? 

BERRY responded in the negative to all of these questions. 

(b) (7)(C) (b) (7)(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 4 of 5 

Other contact with Sinclair Executives and Representatives 

BERRY has only corresponded with representatives of Sinclair, including any lobbyists and 

lawyers representing Sinclair using a non-government email account or social media account, on 

two occasions: (1) Jerald Fritz sent an email message to the Chairman’s personal email account 

and BERRY’s FCC email account on March 28, 2017. That email, regarding ATSC 3.0, was 

forwarded by BERRY to the Chairman’s FCC account one minute after it was received to ensure 

that the message was made part of the Commission’s records; (2) He received a one sentence text 

from Rebecca Hanson on his personal cell phone wherein she noted her approved of a statement 

made by the Chairman in a Congressional hearing (BERRY did not recall the date of this text 

message). BERRY does not recall having any substantive phone calls with representatives of 

Sinclair, including any lobbyists and lawyers representing Sinclair. 

Regulatory Issues 

 referenced a number of regulatory matters impacting Sinclair such as SinclairBonten License Transfer Application, the Reinstatement of the UHF Discount Rule, the Main 

Studio Rule, Next Gen TV (ATSC 3.0) and the Broadcast Ownership Rules. He posed the 

followed questions to BERRY: 

1. Have any of these Commission actions been influenced in any way by the SinclairTribune merger? 

2. Have any of these Commission actions been taken as a result of pressure or threats from 

Sinclair executives or representatives? 

3. Have any of these Commission actions been taken as a result of pressure or threats from 

President Trump or any member of the administration? 

BERRY responded in the negative to each of these questions. To his knowledge (and he believes 

he would have had knowledge) no member of the Trump administration ever expressed a view 

regarding any regulatory matters pending before the Commission, with the exception of the tweet 

posted by the President after the HDO was issued. Moreover, all regulatory actions taken by Ajit 

Pai, either as FCC Commissioner, or Chairman, were consistent with the position, held since at 

least since 2013, that the Commission should undertake a holistic review of media ownership 

rules. 

 noted that in recent days there have been press reports indicating Fox Broadcasting and 

other conservative media outlets may benefit if the Sinclair/Tribune merger were not to occur. In 

light of possible questions that may arise in conjunction with these reports, she posed the 

following questions to BERRY: 

1. To your knowledge, did anyone from Fox Broadcasting, or any other conservative media 

outlets ever suggest that taking any actions adverse to Sinclair would be benficial to the 

Chairman? 

(b) (7)(C) (b) (7)(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 5 of 5 

2. To your knowledge, did anyone from Fox Broadcasting, or any other conservative media 

outlets ever suggest that taking any actions beneficial to Sinclair would be detrimental to 

the Chairman? 

BERRY responded in the negative to these questions. 
Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 1 of 7 

Memorandum of Interview 

Subject Matter/Remarks 

On August 8, 2018, Federal Communications Commission (FCC) Office of Inspector General 

(OIG) Agent and 

 interviewed Ajit Pai (Chairman PAI or CHAIRMAN). 

In November, 2017, the Office of Inspector General ( OIG) received letters from members of the 

U.S. House of Representatives and the U.S. Senate requesting an investigation into whether 

Chairman PAI “has taken actions to improperly benefit Sinclair Broadcast Group (Sinclair),” 

and whether the CHAIRMAN “is executing his leadership of the FCC free from influences that 

compromise his objectivity and impartiality,” especially with regard to the proposed merger of 

Sinclair and Tribune Media. This interview is in furtherance of that investigation. 

 is the author of this report. 

BACKGROUND OF AJIT PAI

Ajit Pai’s personal and contact information is: 

Full Name: Ajit V.Pai 

Type of Activity: 

 Personal Interview 

 Telephone Interview 

 Other

Interview Date and Time: 

August 8, 2018 

1:50 pm 

Interview of:

Ajit V. Pai, Chairman, FCC

Location of Interview: 

FCC Headquarters 

445 12th Street, S.W. 

Washington, DC 

Office of the Chairman 

Report Date: 

August 13, 2018 

Conducted By:

Federal Communications Commission 

Office of Inspector General 

Attachment 14

(b) (7)(C)

(b) (7)(C)

(b) (7)(C)

(b) (7)(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 2 of 7 

Work Telephone: (202) 418-1000 

Work Address: 445 12th Street S.W., Washington, DC 20554 

Work Email: ajit.pai@fcc.gov

Ajit V. Pai is Chairman of the Federal Communications Commission. He was first appointed to 

the FCC as Commissioner in May, 2012 and became Chairman on January 23, 2017. 

INFORMATION PROVIDED BY AJIT PAI 

 presented credentials to Chairman PAI at the beginning of the interview and 

explained that pursuant to 18 U.S.C. 1001, he is obligated to tell the truth and it was a crime for 

him not to do so. In response to questioning, the Chairman voluntarily provided the following 

information: 

STATEMENT OF AJIT PAI 

 relayed to the CHAIRMAN that, as part of the investigation, OIG has 

 Reviewed responses to congressional inquiries; 

 Obtained and reviewed email correspondence; 

 Obtained and reviewed network shares; 

 Obtained and reviewed phone records; 

 Obtained and reviewed facility access records; and 

 Reviewed regulatory actions 

 Reviewed ex parte filings 

 explained that he intended to review with Chairman PAI the specifics of several 

meetings and ask about other correspondence and contacts he may have had regarding Sinclair, 

as follow-up to the responses the CHAIRMAN provided to Congress in a letter dated September 

15, 2017 and to Ex Parte filings related to some of the meetings. informed the 

CHAIRMAN that the overarching intent of the interview was to determine whether there were 

any secret deals, promises, threats or other attempts to influence FCC decision-making that 

occurred with respect to any matters that may have impacted the proposed merger between 

Sinclair and Tribune Media. 

Meetings with SINCLAIR Executives and Representatives 

PAI was asked to recollect a luncheon held on November 16, 2016, attended by FCC Chief of 

Staff, Matthew Berry (Berry) and Chairman PAI following a meeting with Sinclair general 

managers. PAI recalled that the luncheon took place before the presentation to Sinclair General 

managers. During the lunch, no “work matters” were discussed. In his presentation to the 

(b) (7)(C) (b) (7)(C) (b) (7)(C) (b) (7)(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 3 of 7 

General Managers the CHAIRMAN discussed numerous media regulatory issues such as the 

UHF discount and the national media ownership cap. 

On January 19, 2017 Chairman PAI and Berry met with Sinclair representatives to discuss 

pending proceedings. noted that, pursuant to the ex parte filings, matters discussed 

included Diversification of Ownership, Attribution of Joint Sales Agreements in Local 

Television Markets, need for reestablishment of JSAs and Shared Services Agreements. The 

CHAIRMAN did not recall the specifics of the meeting but has no reason to believe the 

statements in the ex parte are incorrect. 

When asked whether there were any other contacts with Sinclair executives subsequent to the 

September 15, 2017, response to Congress, Chairman PAI noted he called Barry Faber, Sinclair 

Executive Vice President and General Counsel on July 17, 2018, to provide Faber with an 

opportunity to withdraw “the merger application,” in advance of the CHAIRMAN’s intended 

announcement the following day wherein he would recommend the matter be designated for 

hearing. Chairman PAI did not respond to subsequent emails from Barry Faber because Faber 

proposed alternatives that the CHAIRMAN did not wish to entertain. 

 PAI was asked to respond to the following list of questions: 

1. Do you have anything to add to the descriptions of the meetings with Sinclair that were 

provided in your letter to House member on September 15, 2017 or in the meetings 

subsequent thereto regarding Sinclair? 

2. Did Sinclair executives or representatives pressure you to take actions favorable to 

Sinclair during any of these meetings? 

3. Did Sinclair executives or representatives suggest that taking actions favorable to Sinclair 

would be politically beneficial (i.e., supported by President Trump and/or administration 

officials) during any of these meetings? 

4. Did Sinclair executives or representatives suggest the possibility of adverse consequences 

if actions favorable to Sinclair were not taken by the Commission during any of these 

meetings? 

Chairman PAI responded in the negative to all these questions. 

Chairman PAI was also asked the following questions to which he responded in the negative 

with the noted exceptions. 

1. Have you corresponded with representatives of Sinclair or any lobbyists and lawyers 

representing Sinclair using a non-government email account? 

One email received to personal email account from Jerry Fritz, Sinclair Executive Vice 

President for Strategic and Legal Affairs on March 28, 2017, pertaining to Next Gen TV (ATSC 

3.0). That email ws also sent to Matthew Berry. Chairman PAI expressed his belief that Berry 

(b) (7)(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 4 of 7 

followed protocol and sent the message to his work email so it could be part of the official 

record. 

2. To your knowledge, have any members of your staff corresponded with representatives

of Sinclair or any lobbyists and lawyers representing Sinclair using a non-government

email account?

3. Have you corresponded with representatives of Sinclair or any lobbyists and lawyers

representing Sinclair using social media accounts (private messaging)?

4. To your knowledge, have any members of your staff corresponded with representatives

of Sinclair or any lobbyists and lawyers representing Sinclair using social media accounts

(private messaging)?

a. Chairman PAI responded “not to my knowledge.”

5. Have you spoken on the phone with representatives of Sinclair or any lobbyists and

lawyers representing Sinclair?

6. To your knowledge, have any members of your staff spoken on the phone with

representatives of Sinclair or any lobbyists and lawyers representing Sinclair?

a. Chairman PAI indicated that he does not have sufficient knowledge to respond

accurately. However, it would certainly have been possible for staff to have spoken

with individuals at Sinclair at least with respect to scheduling appointments and

answering general questions regarding rulemaking timing and process.

Contacts with President Trump and Administration Officials 

Chairman PAI was asked to recollect a meeting held on January 16, 2017 in Trump Tower. The 

Chairman explained that the purpose of the meeting was to discuss his possible appointment to 

the FCC chairmanship. In attendance were Peter Thiel (founder of PayPal), Jared Kushner and 

the President-elect. Mr. Trump asked then Commissioner PAI to explain “what I had been 

doing.” He had his (PAI’s) resume in front of him. PAI detailed his telecommunications’ 

experience and explained his vision for the future that included broadband infrastructure 

advancements and his personal dedication to making the internet accessible and affordable 

throughout rural America. The President-elect did not ask any specific policy-related questions, 

nor did he question him about his regulatory philosophy, although he was interested in the legal 

framework of the AT&T/Time Werner merger. There was no discussion about Sinclair or any 

specific FCC proceeding. At the end of the meeting, that Chairman PAI referred to as a “job 

interview,” he was asked whether he was interested in being appointed Chairman of the FCC. He 

answered “yes.” 

Chairman PAI was asked to recollect a second meeting with President Trump held on March 6, 

2017. This meeting was detailed in the September 15, 2017, letter to Congress. The Chairman 
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 5 of 7 

noted he nothing to add about that meeting that was not contained in the letter and reiterated 

there were no discussions pertaining to any FCC proceedings at that meeting. 

After September 15, 2017, the Chairman met the President on two additional occasions. The first 

occurred on October 17, 2017, when Chairman PAI was invited to the White House to celebrate, 

along with other prominent Indian-Americans, Diwali, the Hindu festival of lights. The second 

meeting occurred when the Chairman was invited to the signing of the Kari’s Law Act in the 

Oval Office on February 16, 2018.1 Other than engaging in formalities, Chairman PAI did not 

speak to the President on these occasions. 

Chairman PAI was asked to recollect an e-mail and phone call with Jared Kushner. 

provided an email message from Jared Kushner on May 5, 2017 with the message “Just tried you 

– had a quick thing to run by you” and indicated that phone records for that date show a call from 

a blocked number at 10:03 am. Chairman PAI did not recall the conversation with Jared 

Kushner. 

The only other contact Chairman PAI had with administration officials that was not reported in 

the September 15, 2017, letter was a phone call he received from Don McGahn, Counsel to the 

President, on July 16, 2018. The call was a status inquiry regarding the Sinclair merger 

application. Chairman PAI and Don McGahn are long-time acquaintances. 

With respect to his interactions with the President and other administration officials, the 

Chairman was asked the following questions to which he responded in the negative: 

1. Have you corresponded with President Trump of other members of the administration 

regarding Sinclair or any matters involving Sinclair using a non-government email 

account? 

2. To your knowledge, have any members of your staff corresponded with President Trump 

of other members of the administration regarding Sinclair or any matters involving 

Sinclair using a non-government email account? 

3. Have you corresponded with President Trump of other members of the administration 

regarding Sinclair or any matters involving Sinclair using social media accounts (private 

messaging)? 

4. To your knowledge, have any members of your staff corresponded with President Trump 

of other members of the administration regarding Sinclair or any matters involving 

Sinclair using social media accounts (private messaging)? 

5. Have you spoken on the phone with President Trump of other members of the 

administration regarding Sinclair or any matters involving Sinclair? 

6. To your knowledge, have any members of your staff spoken on the phone with President 

Trump of other members of the administration regarding Sinclair or any matters 

involving Sinclair? 

 

1

 Interviewer’s note: The Act ensures calls to 911 connect directly without an access code. 

(b) (7)(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 6 of 7 

7. Did President Trump or other members of the administration suggest or encourage you to

take actions favorable to Sinclair during any meetings?

8. Did President Trump or other members of the administration suggest that taking actions

favorable to Sinclair would be politically beneficial (i.e., supported by President Trump

and/or administration officials)?

9. Did President Trump or other members of the administration suggest that taking actions

favorable to Sinclair would be personally or professionally beneficial to you?

10. Did President Trump of other members of the administration promise or suggest the

possibility of adverse consequences if actions favorable to Sinclair were not taken by the

Commission?

Regulatory Issues 

 referenced several regulatory matters impacting Sinclair such as Sinclair-Bonten 

License Transfer Application, the Reinstatement of the UHF Discount Rule, the Main Studio 

Rule, Next Gen TV (ATSC 3.0) and the Broadcast Ownership Rules. He posed the followed 

questions to Chairman PAI to which he responded in the negative: 

1. Have any of these Commission actions been influenced in any way by the SinclairTribune merger?

2. Have any of these Commission actions been taken as a result of pressure or threats from

Sinclair executives or representatives?

3. Have any of these Commission actions been taken as a result of pressure or threats from

President Trump or any member of the administration?

4. Have any of these Commission actions been taken as a result of the promise of personal

or professional benefit from Sinclair executives or representatives?

5. Have any of these Commission actions been taken as a result of pressure from President

Trump or any member of the administration?

6. Have any of these Commission actions been taken as a result of the promise of personal

or professional benefit from President Trump or any member of the administration?

Chairman PAI expounded on these questions by declaring that the positions he has taken 

regarding these proceedings reflect the beliefs he has held and expressed since he became an 

FCC commissioner. “If I had been influenced, things in Sinclair would have gone differently!” 

 noted that in recent days there have been press reports indicating Fox Broadcasting and 

other conservative media outlets may benefit if the Sinclair/Tribune merger were not to occur. 

Considering possible questions that may arise in conjunction with these reports, posed the 

following questions to Chairman PAI to which he responded in the negative: 

1. To your knowledge, did anyone from Fox Broadcasting, or any other conservative media

outlets ever suggest that taking any actions adverse to Sinclair would be beneficial to

you?

(b) (7)(C) (b) (7)(C) (b) 

(7)

(C)
MEMORANDUM OF INTERVIEW (continuation sheet) 

Case Number: 

OIG-I-18-0006 

Case Title:

Sinclair Broadcast Group 

OFFICIAL USE ONLY 

LAW ENFORCEMENT SENSITIVE INFORMATION 

FCC Office of Inspector General 

Page 7 of 7 

2. To your knowledge, did anyone from Fox Broadcasting, or any other conservative media 

outlets ever suggest that taking any actions beneficial to Sinclair would be detrimental to 

you?