FCC IB Rejects Chinese Radio Application, Alleging CCP Ties
The International Bureau dismissed an application on Chinese language programming broadcast from a Mexican station because it didn’t include a company the FCC said Monday is a key participant in the enterprise and also tied to the Chinese government. “The broadcast programming subject to this application is supplied, created, and produced in a studio used, owned, and maintained by Phoenix Radio,” said a release. It alleged the Chinese government partially controls Phoenix Radio.
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Applicants GLR Southern California and H&H Group USA can reapply if they include Phoenix Radio in the application, the IB said. “The parties have 48 hours to cease broadcast operations related to this application.” The applicants and Phoenix Radio didn’t comment. The application could have led to Chinese immigrants in California being “indoctrinated with [Communist Party of China] propaganda,” said a petition to deny by Chinese language low-power FM broadcaster Chinese Sound of Oriental and West Heritage. The applicants called Chinese Sound's allegations groundless and said the FCC should sanction the LPFM broadcaster for repeating the same arguments in multiple filings.
GLR Southern and H&H sought FCC permission to produce Chinese-language programming in a California studio, transmit it for broadcast to XEWW (AM) Rosarito, Baja California Norte, Mexico, then retransmit it back to the U.S. That activity has to be approved by the FCC under the Brinkley Act, a statute created to prevent stations from broadcasting across the border false medical advice involving the use of goat testicles as a sexual performance aid. The companies also sought renewal of special temporary authority, under which they had been operating for two years. “Phoenix Radio’s known activities at this broadcast programming studio are such that, without reviewing its role as an applicant, the FCC could not evaluate the proposed service,” IB wrote.
Broadcast attorneys called the circumstances unique and unlikely to have much bearing on other applications. Companies seeking these kinds of applications are typically looking to broadcast Spanish-language content from stations in Mexico, and they are usually granted, said James Winston, of Rubin Winston and who represented Chinese Sound in the proceeding. This ruling doesn’t have bearing on decisions involving foreign ownership of stations or companies broadcasting foreign content on stations licensed in the U.S, lawyers said. This isn’t a matter that often comes before the commission, said Womble Bond radio attorney John Garziglia, who has been involved in proceedings on foreign government programming on radio broadcasts.
Chinese Sound said it's “pleased” with the FCC. Winston said enough concerns have been raised about Phoenix’s Chinese government connection that the agency should have denied the application outright, instead of ruling the companies could reapply with Phoenix included. Winston said a reapplication is unlikely, since it would likely involve further FCC investigation of the Chinese government connection.
The agency initially looked into that connection after Chinese Sound’s petition and a letter from Sen. Ted Cruz, R-Texas. “I am concerned that approving this application would enhance the ability of the Chinese Communist Party (CPC) to broadcast objectionable political propaganda into America,” Cruz said.