Dead man tell no tales. But the evidence submitted to the FCC before he passed away, challenging dodgy, unlawful television station ownership by a major national broadcasting conglomerate, is still alive and well. Or, at least, it should be.

As covered at The BRAD BLOG in September of 2020, Baltimore resident Ihor Gawdiak and his attorney Arthur Belendiuk filed a Petition to Deny (PtD) the FCC license renewals of three TV stations controlled in Baltimore by Sinclair Broadcasting in apparent violation of both FCC ownership rules and federal law.

In brief, Gawdiak’s petition detailed a complicated shell game carried out by Sinclair, one of the nation’s largest owners of local television stations, to carry out the plot while staying beneath the FCC radar.

Sinclair claims ownership of Baltimore’s WBFF-TV Channel 45, (which shares news reports from the Baltimore Sun newspaper, owned by Sinclair’s Executive Chairman, David Smith, son of Sinclair’s founder, Julian Sinclair Smith.) The David Smith family also controls both Cunningham Broadcasting and Deerfield Media which operate Baltimore’s WNUV-TV and WUTB-TV, respectively. Both companies have very deep and direct ties to Sinclair. (Belendiuk found the “official” owner of Deerfield was Smith’s personal banker, Stephen Mumblow, and the “official” owner of Cunningham is the company’s former banker, Michael Anderson, who has no broadcast experience and actually served as a paid employee of Sinclair.)

The elaborate shell game, Gawkiak’s complaint argued, is an effort to monopolize the information U.S. television viewers can access in their own local towns, by skirting FCC ownership limits in a single market. Petitioner Gawdiak’s license challenge first went to Trump’s Republican-controlled FCC during his first term, then was taken over by Biden’s FCC. Now it is back in the hands of Trump’s heavily-controlled Commission once again.

The FCC likely breathed a sigh of relief when Gawdiak passed away in 2023 before the matter was ultimately adjudicated. But then another petitioner, Baltimore resident Eleanor Goldfield, signed on to take his place. Finally, it would seem, someone at the FCC would have to take a formal look at the complex Sinclair scheme of forming sidecar companies under their complete control, designed to flaunt FCC rules with tacit approval of federal regulator.

After five years, Trump’s Sinclair-friendly FCC finally responded formally to attorney Art Belendiuk on June 27, 2025, informing him that one FCC petitioner may not be substituted for another and, therefore, the Commission would not be taking up this longstanding case.

This is despite the FCC’s own administrative law judge, in a related proceeding, demanding such an inquiry take place.

In 2018, Ajit Pai, Trump’s Republican FCC Chair at the time, called an unprecedented public Hearing about deliberate untruths Sinclair made to the FCC in its effort to acquire Tribune Broadcasting. The hearing was scuttled after Sinclair went behind closed doors with the Commission. But it resulted in a stunning $48 million dollar fine. Still, the judge in that hearing, Jane Halprin, demanded these conflicts be thoroughly examined in a future hearing at the Commission, stating: “This alleged deception was ostensibly aimed at allowing Sinclair to bypass the Commission’s multiple ownership limitations. … the behavior of a multiple station owner before the Commission may be so fundamental to a licensee’s operation that it is relevant to its qualifications to hold any station license.”

The 2020 Petition from Gawdiak could have provided for the scrutiny Halprin called for in the earlier matter.

In 2021, Belendiuk filed a Freedom of Information Act request on my behalf to discover just what was said in those closed door meetings between the FCC Media Bureau and the FCC. It took two years, but following an appeal to the Federal District Court in Washington DC, the FCC finally caved and released those files, a treasure trove of an extremely complicated shell game. (I detailed the full story for Project Censored here.)

Later in 2023, Gawdiak passed away. In early 2024, Goldfield signed on to take his place in the case.

Lo and behold, on June 27, 2025, the FCC finally responded [PDF] by agreeing with the arguments from Sinclair’s attorneys that “Goldfield missed her opportunity to participate in the proceeding when she failed to file by the September 1, 2020, deadline and that permitting the substitution here would ‘make a mockery of the Commission’s deadlines and processes.'”

(As if the FCC waiting four years 10 months and 27 days to respond to a legal petition doesn’t alone make a mockery of Commission deadlines and processes.)

In the bargain, the FCC subsquently allowed Sinclair to renew its Baltimore licenses.

But it ain’t over until it’s over. July 28, 2025, Belendiuk, the original attorney on the case, filed an Application for Review of the FCC’s “decision.” He raises the following three questions:

1. Did the FCC Media Bureau err in denying the Motion, given Gawdiak’s inability to survive the almost five years the Commission waited to act on the Petition?
2. Did the Media Bureau err in failing to address the Petition as an informal objection to the Applications?
3. Did the Media Bureau err in granting the Applications without addressing the substance of the Petition?

It is entirely possible the FCC will not be the ultimate arbiter of this case. It could go to the U.S. Court of Appeals. (If we live that long.)

Aside: In April 2025, public interest watchdog and advocacy group Frequency Forward and Wisconsin member Randy Bryce put still more pressure on Sinclair when they filed their own Petition to Deny the license transfer applications of Wisconsin and other TV station licenses held by Sinclair Broadcasting, using much of the information gleaned from my FOIA.

The FCC swiftly denied that challenge on July 1, 2025. Says petitioner Bryce, who ran for Congress in the Badger State in 2018 and is running again next year: “It’s outrageous that the FCC has been changed from a nonpartisan entity to a political arm of the extreme right. Their purpose should be to protect free speech, not stifle it.”

APTRA, RTNDA, PRNDI and Emmy-winning Sue Wilson worked at CBS, PBS, NPR and Fox before directing the documentary Broadcast Blues, writing the blog Sue Wilson Reports and founding the Media Action Center. Reach her at SueWilsonReports@gmail, or via Bluesky or Twitter.