FCC Commissioner Anna Gomez sharply criticized the agency for dismissing a petition to repeal its news distortion policy through an unpublished staff letter rather than a full Commission vote, arguing the approach improperly shields the decision from judicial review.
In a delayed dissent released Wednesday, Gomez said only final actions by the full Commission are appealable, making the use of delegated authority to summarily reject the petition an end-run around accountability.
The petition, filed in November 2025 by a bipartisan group of former FCC officials and others, sought repeal of the news distortion policy. After petitioners sought a writ of mandamus in the U.S. Court of Appeals for the D.C. Circuit, the FCC responded with a letter from the Acting Chief of the Media Bureau.
Gomez contended the Commission has increasingly wielded its regulatory powers — including license renewals, merger reviews, and the rarely used news distortion policy — as leverage against broadcasters whose coverage it dislikes. This creates a chilling effect on editorial decisions, she said, noting that broadcasters have asked her office which topics are now too risky to cover.
"Such questions should never need to be asked in a country with a First Amendment," Gomez stated.
While her dissent will not alter the petition's dismissal, Gomez said she is prepared to vote on a formal Commission order so the matter can reach a final, appealable decision and receive prompt judicial review.