FCC Web Documents citing 73.3555

as compiled by hallikainen.com/FccRules on 2012 07 01

• ftp://ftp.fcc.gov/pub/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1) this facility or an installation of another antenna does not adversely affect the operations of this facility rule_73_207_ind Facility complies with Rule 73.207 varchar(1) rule_73_315ab_ind Facility complies with Rule 73.315 for community coverage (yes/no) varchar(1) rule_73_3555_ind Compliance with 47 C.F.R. Section 73.3555 Indicator varchar(1) rule_73_525a1_ind TV Channel 6 Protection Requirements 73.525(a)(1) met Indicator varchar(1) rule_73_6011_ind Facility complies with Rule 73.6011 (yes/no) varchar(1) rule_73_6012_ind Interference: Facility complies with the LPTV station protection Rule varchar(1) rule_73_6013_ind Facility complies with Rule 73.6013 (yes/no) varchar(1) rule_73_6020_ind Facility complies with Rule 73.6020(yes/no) varchar(1) rule_73_68_ind The facility does not use a sampling system or the sampling system complies
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-455A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-455A1.pdf
  • 21705-0113. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau A ``time brokerage agreement,'' also referred to as a ``local marketing agreement,'' refers to an agreement for the sale by a licensee of a discrete block of time to a third-party, a ``broker,'' that supplies programming to fill the time and sells commercial announcements in it. See 47 C.F.R. � 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8140, 8141 � 10 (1995), vacated in part on other grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998). See 47 C.F.R. � 73.1125. See 47 U.S.C. � 503(b). See FCC Broadcast Inspection Summary Report Station WMFN(AM), dated April 11, 2005, at 1.
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  • 10 East 4th Street, Frederick, MD 21705-0113. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau A ``time brokerage,'' also referred to as ``local marketing,'' refers to the sale by a licensee of a discrete block of time to a third-party, a ``broker,'' that supplies programming to fill the time and sells commercial announcements in it. See 47 C.F.R. � 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8140, 8141 � 10 (1995), vacated in part on other grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998). See 47 C.F.R. � 73.1206. See 47 U.S.C. � 503(b). See FCC Broadcast Inspection Summary Report Station WMJH(AM), dated April 12, 2005, at 2.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-28A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-28A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-28A1.txt
  • arise outside that process if licensees are permitted to lease spectrum usage rights without prior section 310(d) approval. See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Notice of Proposed Rulemaking, FCC 00-402 (rel. Nov. 27, 2000) (Secondary Markets NPRM). See also infra para. 53. Cf. 47 C.F.R. � 73.3555 (multiple ownership rule applicable to broadcast stations). See also infra para. 30, 38. First Biennial Review Order, 15 FCC Rcd at 9244-46 �� 56-57. See, e.g., United States v. SBC Communications Inc. and Ameritech Corporation, No. 1:99CV00715 (D.D.C. filed Aug. 2, 1999) (final judgement); United States v. SBC Communications Inc. and BellSouth Corporation, No. 1:00CV02073(PLF) (D.D.C. filed Aug. 30, 2000)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-91A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-91A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-01-91A1.txt
  • Section 303(y). See 47 U.S.C. � 309(j)(3)(A)-(B), (D). See 47 U.S.C. � 309(j)(3)(D). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 483-87, �� 15-25. See 47 C.F.R. Part 73 (Broadcast Radio Services). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 484-85, �17. Id. Id. See 47 U.S.C. � 309(j)(14)(C)-(D); 47 C.F.R. � 73.3555(b), (d). Because we did not permit the use of the spectrum by full power broadcasting in the Upper 700 MHz proceeding, we had no occasion to consider imposing any eligibility restrictions based on our broadcasting rules. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 485-86, � 19. See id. at 483 n.37. We noted that under
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  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
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  • that ``Through an indirect subsidiary, Ameritech (and therefore SBC) indirectly holds a 41.6 percent, de facto controlling interest in Tele Danmark.''). See CompTel comments at 2. Id. Id. See SBCS reply comments at 2. See Amendment of the Commission's Rules to Establish New Narrowband Personal Communication Services, 9 FCC Rcd 4519, � 13 (1994) (referring to Note 2 to Section 73.3555 of the Commission's rules, 47 C.F.R. � 73.3555, which states ``... except that wherever the ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes of this multiplication.''). Federal Communications Commission DA 00-1474 Federal Communications Commission DA 00-1474 ? @ " � � � � � � �� F �0� �0� �0� �0�
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  • C.F.R. � 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. Summit contends that the Commission should make allowances for small businesses
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1223A1.doc
  • ORDERED THAT, the petition to deny filed by Sylvester H. Julien, J.D. is dismissed, and when considered as an informal objection, IS DENIED. 16. IT IS FURTHER ORDERED, that the request of Marri Broadcasting L.P. to operate new Channel 43 as a satellite of WSVI(TV) pursuant to the satellite exception to the duopoly rule, Note 5 to 47 C.F.R. � 73.3555, IS GRANTED. 17. IT IS FURTHER ORDERED, that the settlement agreement between Marri and Fant IS APPROVED. 18. IT IS FURTHER ORDERED, that the application of Anthony J. Fant (BPCT-961119KI) IS DISMISSED, subject to the condition that payments to Fant do not exceed $10,635.12. 19. IT IS FURTHER ORDERED, that having found the applicants qualified in all respects, the application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1300A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1300A1.txt
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements : Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1441A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1441A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1441A1.txt
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-189A1.txt
  • the licensee of WAPA-TV, Channel 4 (NBC), San Juan, Puerto Rico. LIN also has an attributable interest in WTIN(TV), Channel 14 (IND), Ponce, Puerto Rico, through its LMA with that station. LIN proposes to operate WNJX-TV as a satellite of WAPA-TV pursuant to the Note 5 exemption set forth in the Commission's broadcast multiple ownership rule. See 47 C.F.R. � 73.3555(b) Note 5. For the reasons set forth below, we grant LIN's satellite request and the WNJX-TV transfer of control application. REQUEST FOR SATELLITE STATUS Pursuant to the Commission's television satellite policy, as set forth in Television Satellite Stations, 6 FCC Rcd 4212 (1991) (subsequent citations omitted), an applicant for satellite status is entitled to a presumption that the proposed satellite
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  • that application on August 29, 2001. Southern notes that the reallotment of Station WXKT to Watkinsville will result in the overlap of the principal community contours of other FM stations in which the principals of Southern have attributable interests. Nevertheless, Southern states that if Channel 261A is allotted to Watkinsville, Southern will make an appropriate showing of compliance with Section 73.3555 of the Rules (the multiple ownership rule concerning broadcast interests) at the application stage. See Modification of FM and TV Authorizations to Specify a New Community of License, 4 FCC Rcd 4870 (1989), recon. granted in part, 5 FCC Rcd 7094 (1990). The allotment priorities are: (1) first full-time aural service; (2) second full-time aural service; (3) first local service
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2500A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2500A1.txt
  • would also create a permissible duopoly for Viacom, Inc. in the San Francisco DMA, where Viacom is already the licensee of station KPIX-TV. Further, grant of the assignment application for KBHK-TV will result in Viacom, Inc. controlling two television stations and seven radio stations in the San Francisco market.2 This combination implicates the Commission's radio/television cross-ownership rule, 47 C.F.R. � 73.3555(c) and Paramount has requested a period of six months within which to file an application to divest one radio station and come into compliance with the rule. 3. The Commission's local television multiple ownership rule3 (duopoly rule) permits an entity to own, operate or control two commercial television stations if eight independently owned and operating commercial and noncommercial television stations
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  • based on the license date, rather than the permit date. Salem argues further that the change in condition may cause it to surrender the expanded band license because it would have only two years rather than the anticipated five years to transition the existing station's audience and advertisers to the expanded band station. Additionally, Salem asserts that 47 C.F.R. � 73.3555 Note 10, which provides an exception to the Commission's multiple ownership rules, incorrectly codifies the five-year transition period, by stating that authority for joint ownership of the expanded band and existing stations will expire ``on the fifth anniversary for the date of issuance of a construction permit'' for an expanded band station. Alternatively, Salem argues that if Note 10 correctly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-100A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-100A1.txt
  • WTNH has exercised, resulting in this application. WTNH is also the licensee of WTNH-TV, Channel 8 (ABC), New Haven, Connecticut, which is in the same Hartford-New Haven DMA as, and has overlapping Grade B signal contours with, WCTX. Because this would be the second station in the DMA licensed to WTNH, its proposed acquisition of WCTX is governed by Section 73.3555(b)(2) of the Commission's Rules, 47 C.F.R. �73.3555(b)(2). That rule provides, in pertinent part, that the same entity may own or control two television stations in the same market so long as: (i) at the time the application is filed, at least one of the stations is not ranked among the top four stations in audience rankings in the DMA; and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-103A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-103A1.txt
  • licensee of WSPA-TV, Channel 7 (CBS), Spartanburg, South Carolina, which is located in the same DMA (Greenville-Spartanburg (South Carolina) � Asheville (North Carolina) � Anderson (South Carolina)) as, and has overlapping Grade B signal contours with, WASV. Because this would be the second station in the DMA licensed to Media General, its proposed acquisition of WASV is governed by Section 73.3555(b)(2) of the Commission's Rules, 47 C.F.R. �73.3555(b)(2). That rule provides, in pertinent part, that the same entity may own or control two television stations in the same market so long as: (i) at the time the application is filed, at least one of the stations is not ranked among the top four stations in 1 Media General is the successor-in-interest
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-155A1.txt
  • later than five business days after the communication occurs. Amendment of Part 1 of the Commission's Rules - Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). Auction No. 82 Procedures Public Notice at 4-5 and Attachment E. 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 47 C.F.R. �1.2109(d). See 47 C.F.R. �� 73.5007; 73.5008; 73.3555. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov � � � � � +D�� +D`� CJ �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD ���Zv�}�YAD e/�,�-�%E9 ^1�J 2�� bʆPh=f 8H�]}��`��2@ ���'����X�t�p�O
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1928A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1928A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1928A1.txt
  • Application for Transfer of Control IS GRANTED and the condition imposed on the Tribune Company to operate WBZL(TV), Miami, Florida, separately from the Sun-Sentinel IS REMOVED. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief, Media Bureau Tribune filed a supplement to its Petition on July 15, 2002. See Order, 13 FCC Rcd 4717 (MMB 1998) (Bureau Order). See 47 C.F.R. � 73.3555(d). Shareholders of Renaissance Communications Corp., 12 FCC Rcd 11866 (1997), aff'd, Tribune Co. v. FCC, 133 F.3d 61 (D.C. Cir. 1998). See Bureau Order, 13 FCC Rcd at 4718-9. See Biennial Review Report, 15 FCC Rcd 11058 (2000). Id. at 11109-10. Petition at 6. Id. at 8. Knight-Ridder, which opposed the original waiver, no longer opposes either the permanent waiver
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  • Naples-Fort Myers Designated Market Area (DMA) and fewer than 8 independently owned and operating television stations would remain in the market post-merger. Moreover, both stations rank within the top four in the DMA in terms of audience share. Waterman, however, requests a ``failing station'' waiver of the local television multiple ownership rule, as set forth in Note 7 of Section 73.3555 of the Commission's rules. 47 C.F.R. �73.3555, Note 7. Waterman currently provides programming to WZVN-TV pursuant to a Time Brokerage Agreement (hereinafter ``LMA'') originally entered into with Elcom of Florida, Inc. (Elcom) on June 1, 1994. Montclair assumed Elcom's interest in the LMA on October 10, 1996, following acquisition of the station. The Commission will entertain applications to waive the
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  • a satellite television station in the same market. WNEG-TV, argues Meredith, does not qualify for satellite status in any event. 5. Media General's common ownership of WNEG-TV, WASV-TV, and WSPA-TV does not violate the Commission's local television ownership rules or policies. Satellites are excepted from the numerical ownership restrictions of the local television ownership rule under Note 5 to Section 73.3555 of the Commission's Rules. Because Media General was already the licensee of WNEG-TV, it did not need to file a showing justifying continued satellite status as part of this transaction. Further, the staff most recently authorized continued satellite status for WNEG-TV on March 22, 2000, finding that WNEG-TV met the criteria for a presumptive satellite exception to the local television
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2886A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2886A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2886A1.txt
  • Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Cross-Ownership of Broadcast Stations and Newspapers, Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, Definition of Radio Markets, FCC 02-249 (MB Docket No. 02-277), released September 24, 2002 (``Notice''). 47 C.F.R. � 73.3555(b). 47 C.F.R. � 73.3555(c). Petition for Reconsideration of Entravision Holdings, LLC, MM Docket Nos. 91-221 and 87-8 (filed Mar. 8, 2001) (``Entravision Petition''). Although the Commission invited additional pleadings on Entravision's petition, none were received. See Public Notice, Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, Report No. 2473 (Mar. 19, 2001). In the Matter of Review of
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  • our view that reallotting Channel 236C1 from Detroit Lakes to Barnesville as a first local service does, in fact, result in a preferential arrangement of allotments. 14. We also reject the Triad Broadcasting argument that the proposal to reallot Channel 236C1 to Barnesville should not be entertained because it would contravene our multiple ownership requirements as set forth in Section 73.3555 of the Rules. At the outset, at the modified reference site discussed earlier, there will no longer be overlap of the 70 dBu contours of Station KRVI and commonly owned Station KDAM (formerly KCHY), Hope, North Dakota. In any event, a rulemaking proceeding involves a technical and demographic analysis of competing proposals in the context of Section 307(b) of the
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  • C.F.R. � 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. D. Provisions Regarding Defaulters and Former Defaulters (Form 175 Exhibit D)
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  • sewer services, and public library. Ashville is served by the Harrison Township Fire Department and Teays Valley Scholl District. 11. In its Comments, the Joint Parties contend that reallotment of Channel 227B to Ashville and modification of the Station WFCB license to specify Ashville as the community of license is now proscribed by the recently adopted multiple ownership rules. Section 73.3555(a)(1)(ii) of the Commission's Rules permits a single entity to own or control up to seven radio stations in a radio market of 30-44 radio stations. Prior to this proceeding, Clear Channel owned or controlled seven radio stations in the Columbus radio market. In the Ownership Report and Order, the Commission revised the definition and means of determining a radio market.
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  • received a revenue or listener share in the Fargo metro. Holland notes that Triad (through a subsidiary) sells advertising time on this station pursuant to a joint sales agreement (``JSA''). Triad also has an option to buy KGWB(FM), but is currently prohibited from owning an additional station in the market pursuant to our local radio ownership rules, 47 C.F.R. � 73.3555(a). While Holland concedes that the JSA is consistent with Commission rules, Holland alleges that because KGWB(FM) ``also serves the Fargo-Moorhead radio market,'' the JSA has adverse implications for Triad's revenue concentration in the market. According to Holland, this is particularly so in light of GBI's plans to move the station's transmitter closer to Fargo, change its frequency from 107.1 to
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  • 175 application. In addition, the Section 1.2112 ownership disclosure requirements include, inter alia, a listing of FCC-licensed entities and a description of each such entity's relationship to the applicant and the applicant's real parties-in-interest. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
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  • 175 application. In addition, the Section 1.2112 ownership disclosure requirements include, inter alia, a listing of FCC-licensed entities and a description of each such entity's relationship to the applicant and the applicant's real parties-in-interest. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
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  • C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. Several commenters request that we revise the new entrant bidding credits
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  • in An Arbitron Survey Area (``Report and Order''), 18 FCC Rcd 13620 (2003), appeal pending sub nom., Prometheus Radio Project, et al. v. FCC, Nos. 03-3388, et al. (3d Cir.). The rule changes adopted in the Report and Order were stayed by the U.S. Court of Appeals for the Third Circuit and did not go into effect. 47 C.F.R. � 73.3555(e). Report and Order, 18 FCC Rcd at 13814-47. Id. at 13845-47. Consolidated Appropriations Act, 2004, Pub. L. No. 108-199, � 629, 118 Stat. 3 (2004) (``Appropriations Act''). under MB Docket No. 02-277, or from the Commission's duplicating contractor, Qualex International, 445 12th Street, SW, Room CY-B402, Washington, D.C., 20554, (202) 863-2893. 2002 Biennial Regulatory Review - Review of the Commission's
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  • 103 F.C.C. 2d at 521-22, � 19. Applications of XO Communications, Inc., Memorandum Opinion and Order, 17 FCC Rcd 19212, 19222-23, � 25 (2002) (``XO Communications''). See Wilner & Scheiner I, 103 F.C.C. 2d at 521-22, �� 20-21. The Commission's insulation criteria for purposes of attributing ownership and other interests in broadcast licensees are codified in Note 2(f) to Section 73.3555 of the rules, 47 C.F.R. � 73.3555, Note 2(f). Id. A broadcast licensee or applicant must always include uninsulated limited partnership interests and general partnership interests in its calculation of foreign voting interests. See also Amendment of Parts 20, 21, 22, 24, 26, 80, 87, 90, 100, and 101 of the Commission's Rules to Implement Section 403(k) of the Telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3610A1_Erratum.doc
  • 103 F.C.C. 2d at 521-22, � 19. Applications of XO Communications, Inc., Memorandum Opinion and Order, 17 FCC Rcd 19212, 19222-23, � 25 (2002) (``XO Communications''). See Wilner & Scheiner I, 103 F.C.C. 2d at 521-22, �� 20-21. The Commission's insulation criteria for purposes of attributing ownership and other interests in broadcast licensees are codified in Note 2(f) to Section 73.3555 of the rules, 47 C.F.R. � 73.3555, Note 2(f). Id. A broadcast licensee or applicant must always include uninsulated limited partnership interests and general partnership interests in its calculation of foreign voting interests. See also Amendment of Parts 20, 21, 22, 24, 26, 80, 87, 90, 100, and 101 of the Commission's Rules to Implement Section 403(k) of the Telecommunications
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  • Parent Corporation B would be 42 Applications of XO Communications, Inc., Memorandum Opinion and Order, 17 FCC Rcd 19212, 19222-23, � 25 (2002) ("XO Communications"). 43 See Wilner & Scheiner I, 103 F.C.C. 2d at 521-22, �� 20-21. The Commission's insulation criteria for purposes of attributing ownership and other interests in broadcast licensees are codified in Note 2(f) to Section 73.3555 of the rules, 47 C.F.R. � 73.3555, Note 2(f). 44 Id. A broadcast licensee or applicant must always include uninsulated limited partnership interests and general partnership interests in its calculation of foreign voting interests. 45 See also Amendment of Parts 20, 21, 22, 24, 26, 80, 87, 90, 100, and 101 of the Commission's Rules to Implement Section 403(k) of
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  • Parent Corporation B would be 42 Applications of XO Communications, Inc., Memorandum Opinion and Order, 17 FCC Rcd 19212, 19222-23, � 25 (2002) ("XO Communications"). 43 See Wilner & Scheiner I, 103 F.C.C. 2d at 521-22, �� 20-21. The Commission's insulation criteria for purposes of attributing ownership and other interests in broadcast licensees are codified in Note 2(f) to Section 73.3555 of the rules, 47 C.F.R. � 73.3555, Note 2(f). 44 Id. A broadcast licensee or applicant must always include uninsulated limited partnership interests and general partnership interests in its calculation of foreign voting interests. 45 See also Amendment of Parts 20, 21, 22, 24, 26, 80, 87, 90, 100, and 101 of the Commission's Rules to Implement Section 403(k) of
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  • KBJR's digital station multicasts the UPN network. In opposition, Malara argues that its arrangement with Granite is consistent with the Commission's attribution rules and in line with other similar arrangements approved by the Commission. Malara maintains that it, not Granite, will control KDLH. First, Malara insists that only the time that a same-market entity actually "brokers", as defined in Section 73.3555 of the Commission's rules, at Note 2(j), counts toward the 15% time brokerage threshold. Thus, none of the advertising time, outside of the time brokered slots, which Granite sells for KDLH pursuant to the Advertising Representation Agreement would be included in the calculation. Secondly, Malara maintains that it has not ceded de facto control of KDLH. With respect to personnel,
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  • Nos. BALCT-20031029ADF, BALCT-20031029ADG Dear Ms. Hammond: This is in reference to the applications to assign the licenses for KFTA-TV, Fort Smith Arkansas, and KNWA-TV, Rogers, Arkansas, from J.D.G. Television Inc. (``J.D.G.'') to Nexstar Broadcasting, Inc. (``Nexstar''). As part of the assignment applications, Nexstar requests authorization to continue operating KNWA-TV as a satellite of KFTA-TV pursuant to Note 5 of Section 73.3555 of the Commission's Rules. On December 3, 2003, Ft. Smith 46, Inc. (``Ft. Smith 46''), licensee of Fort Smith area low power and Class A television stations, filed a petition to dismiss or deny contending that the assignee fails to meet the requirements of the Commission's three-pronged showing to allow it to operate KNWA-TV as a satellite of KFTA-TV. Consequently,
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  • 13620 (2003) (subsequent history omitted). New subsection 73.3613(d)(2) states that the following must be filed with the Commission: ``Joint sales agreements involving radio stations where the licensee (including all parties under common control) is the brokering entity, the brokering and brokered stations are both in the same market as defined in the local radio multiple ownership rule contained in � 73.3555(a), and more than 15 percent of the advertising time of the brokered station on a weekly basis is brokered by that licensee. Confidential or proprietary information may be redacted where appropriate but such information shall be made available for inspection upon request by the FCC.'' 47 C.F.R. � 73.3613(d)(2). Order, 18 FCC Rcd at 13746. JSAs involving existing stations located
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  • Newspapers, Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, Definition of Radio Markets, and Definition of Radio Markets for Areas Not Located in An Arbitron Survey Area (``Report and Order''), 18 FCC Rcd 13620 (2003), appeal pending sub nom., Prometheus Radio Project, et al. v. FCC, Nos. 03-3388, et al. (3d Cir.). 47 C.F.R. � 73.3555(e). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov h� h� h� � � 0 3 I g � � � � � $ �����PNG > �!�R>^��S�S߿�"K�k������er4 �J�dM�O�O � �,I TV��5 0�z̪�� ��� %�o� �� � �a�% Tf(c) U~��Uy�Ӛ�o=�c� {�YAD
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  • Sonia Broadcasting Company, LLC (``Sonia''). This application is unopposed. BAckground Sonia's affiliate, WDLP Broadcasting Company, LLC, is the licensee of WDLP-TV (formerly WGEN-TV), Channel 22 (Ind.), Key West, Florida. Because this would be the second television station in the Miami-Ft. Lauderdale designated market area (``Miami DMA'') owned and operated by Sonia, its proposed acquisition of WVIB is governed by Section 73.3555(b)(2) of the Commission's rules. This rule provides, in pertinent part, that the same entity may own or control in the same market two television stations with overlapping Grade B contours so long as: (i) at the time the application is filed, at least one of the stations is not ranked among the top four stations in audience rankings in the
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  • Reply on September 21, 2004. The individual who signed the ``Four Residents'' Petition (Joseph Wetmore) is also listed on the FLAIM pleadings. Paul Glover was the lead individual signing for this group of objectors. See, e.g., FLAIM Petition to Deny at 2. See, e.g., id. at 16. See, e.g., Fifty-Nine Residents Petition to Deny at 2. See 47 C.F.R. � 73.3555(a)(1)(iv) (in a market with 14 or fewer stations, one owner may hold up to five stations, no more than three of which are in the same service, except that no single entity may control more than 50 percent of the stations in such a market). See 2002 Biennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other
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  • Licenses Dear Mr. Moskowitz: We have before us the applications (the ``Assignment Applications'') to assign the licenses of WFBG(AM) and WFGY(FM), Altoona, WLTS(FM), State College and WRKY-FM, Hollidaysburg, all in Pennsylvania, from Forever of PA, LLC (``Forever PA'') to Forever Broadcasting, LLC (``Forever Broadcasting''). Also before us is a request for waiver of the Commission's local radio ownership rule, Section 73.3555(a) (``Waiver Request''). For the reasons set forth below, we deny the Waiver Request and dismiss the Assignment Applications. Three of the four licenses proposed to be assigned are for stations in Arbitron's Altoona, Pennsylvania Arbitron Metro Survey Area (the ``Altoona Metro''). According to BIA, 14 commercial and noncommercial radio stations are ``home'' to the Altoona Metro. Section 73.3555(a)(1)(iv) provides, in
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  • stay modified on reh'g, No. 03-3388 (3d Cir. Sept. 3, 2004) (``Prometheus Rehearing Order''). See Public Notice, ``Broadcast Applications,'' Report No. 25811 (rel. Sept. 1, 2004). Petition at 5-7. Salazar Letter at 2. See supra note 2. Petition at 3-5. Prometheus Rehearing Order, supra note 3. Ownership Report and Order, 18 FCC Rcd at 13813 (emphasis added). 47 C.F.R. � 73.3555(a). See, e.g., WGPR, Inc., 10 FCC Rcd 8140 (1995). Opposition at 9-11 and Exhibit D (Declaration of Ken Andrews, Vice President of United Ministries). See Revision of Radio Rules and Policies, 7 FCC Rcd 2755, 2787 (1992) (subsequent history omitted). See Secret Communications II, LLC, 18 FCC Rcd 9139, 9149 (2003) (recommending attentiveness to ``website depictions'' but declaring ``speculative'' claims
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  • RPI, Inland's principals would have attributable interests in six of the nine commercial stations in that ``market.'' RPI further argues that ``[a]pproval of the assignment will create a `duopoly market' and will result in two owners receiving over 90% of the revenues in the Moscow-Pullman-Colfax market.'' On October 28, 2004, Inland amended the Assignment Applications to show compliance with Section 73.3555(a) as now in effect. Inland's Opposition rejects RPI's proposed Moscow-Pullman-Colfax market. Inland notes that RPI ``acknowledges that `numerous other stations [in addition to stations licensed to Moscow, Pullman or Colfax] provide listenable signals' in Moscow, Pullman and Colfax.'' In fact, Inland argues, ``there are at least 15 radio stations licensed to communities other than Pullman, Moscow, and Colfax providing protected
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  • for non-rated markets. ``Conducting a case-by-case analysis would create significant regulatory uncertainty, and adopting an ill-considered `proxy' geographic market could produce unforeseeable distortions,'' the Commission stated. The Commission reasoned that the appropriate course is to develop market definitions for non-rated markets through the rulemaking process. On November 8, 2004, Media One amended the Assignment Applications to show compliance with Section 73.3555(a) using the prescribed interim contour-overlap methodology. Cross's Petition to Deny antedated September 3, 2004 -- the date the new radio ownership rule took effect -- and did not address the Commission's decision regarding non-rated markets nor the modifications to the prior contour methodology. The rulemaking proceeding regarding non-rated markets is still ongoing. In light of the Commission's concerns articulated in
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  • the date of this letter. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau cc: Colins Broadcasting Company c/o Michael D. Basile, Esq. Dow, Lohnes & Albertson, PLLC Suite 800 1200 New Hampshire Ave., N.W. Washington, DC 20036-6802 CFM later filed a supplement to its opposition, which Gray opposed. CFM filed a reply to Gray's opposition. See 47 C.F.R. � 73.3555, Note 2(i)(2004). Gray argues that CFM has failed to disclose the percentage of its total assets owned by Carol Miller. The application lists Ms. Miller as the sole member of CFM, which is an LLC. As CFM points out in its pleadings, if Ms. Miller is the sole member of an LLC, she owns all the assets. In its first
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  • . . advertising [shares] in order to reflect the decreasing relevance of advertising market shares as a barometer of competition.'' Id. at 13642. WJZD Reply at 6. WJZD also claims that the multiple ownership study submitted with the Assignment Application is ``unintelligible.'' Sale Petition at 20. We find the study to be in compliance with Commission requirements. 47 C.F.R. � 73.3555(a)(1)(iv) (in a market with 15 to 29 stations, one owner may hold up to six commercial stations, no more than four of which are in the same service). See Clear Channel Broadcasting Licenses, Inc., 19 FCC Rcd 1768 (2004). WJZD Reply at 6-8. See 18 U.S.C. � 1464 and 47 C.F.R. � 73.3999. See Clear Channel Communications, Inc., 19 FCC
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  • of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, 18 FCC Rcd 13620, 13729-30 (2003), aff'd in part and remanded in part, Prometheus Radio Project, et al. v. F.C.C., 373 F.3d 372 (3d Cir. 2004), stay modified on reh'g, No. 03-3388 (3d Cir. Sept. 3, 2004). 47 C.F.R. � 73.3555(a)(1)(iv). We need not address Fireside's unfounded ad hominem challenge to the staff's handling of Auction No. 37. We reject as patently false Fireside's contention that we would have treated the Hispanic Applications differently had they been submitted by a ``famous consolidator'' such as ``Clear Channel or Cumulus'' rather than by a minority-owned broadcaster. Second Fireside Petition at 3-4. As discussed
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  • C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. Several commenters request that we revise the new entrant bidding credits
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  • ID No. 40450 Dear Applicants: This is in reference to the applications to assign the licenses of stations KVII-TV, Amarillo, Texas and KVIH-TV, Clovis, New Mexico from NVG-Amarillo, Inc. (NVG) to Barrington Broadcasting Texas Corporation (Barrington). As part of the assignment applications, Barrington requests authorization to continue operating KVIH-TV as a satellite of KVII-TV pursuant to Note 5 of Section 73.3555 of the Commission's Rules. Pursuant to the Commission's television satellite policy, as set forth in Television Satellite Stations, an applicant is entitled to a presumption that the proposed satellite operation is in the public interest if it meets three criteria: (1) there is no City Grade overlap between the parent and the satellite; (2) the proposed satellite would provide service
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  • assignment of the licenses (the ``Assignment Applications'') for stations WGQR(FM) and WBLA(AM), both licensed to Elizabethtown, North Carolina (the ``Stations''), from Sound Business of Elizabethtown, Inc. (``Sound Business'') to WKML License Limited Partnership, a subsidiary of Beasley Broadcast Group (collectively, ``Beasley''). On November 8, 2004, Beasley amended its application to seek a waiver of the local radio ownership rule, Section 73.3555(a), with respect to WGQR(FM) (the ``Waiver Request''), and further amended the application on April 15, 2005 to supplement that request (``Supplement''). For the reasons set forth below, we deny the Waiver Request, as supplemented, and dismiss the Assignment Applications. Background In its omnibus ownership order released July 2, 2003, the Commission adopted a new, geography-based definition of radio market based
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  • the subject affidavit. Moreover, the grant of this application will not impact the evaluation of Max Media's request for a declaratory ruling on Sunbelt's network arrangements with NBC, which has been undertaken in a separate proceeding. 47 U.S.C. �� 309(d)(1) and (2); Astroline Communications Co. v. FCC, 857 F.2d 1556, 1561 (D.C. Cir. 1988). Id. at 1562. 47 C.F.R. � 73.3555, Note 2(e). See Southern California Broadcasting, Co., 6 FCC Rcd 4387, 4387-88 (1991). Id., 6 FCC Rcd at 4388. 47 C.F.R. � 73.3613(b)(3). The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Commission's Rules, 12 FCC Rcd 17087, 17114 (1997), recon. denied, 15 FCC Rcd 303 (1999) and Section 1.80 of the Commission's Rules, 47 C.F.R. �
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  • one of the principal community contours of the stations proposed to be commonly owned. Under the Interim Methodology, stations whose transmitters are located more than 92 kilometers from the perimeter of the common area of principal community contour overlap are not counted as being in the relevant radio market. Ownership Order, 18 FCC Rcd at 13729-30. See 47 C.F.R. � 73.3555(a)(1)(iv). Konecny asserts that grant of the application would result in Petracom having unreasonable market dominance, but fails to supports its general assertion with any concrete data. We find, therefore, that Konecny has failed to raise a substantial and material question of fact regarding this issue. (...continued from previous page) (continued....) Federal Communications Commission Washington, D.C. 20554 August 4, 2005 DA
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  • of station KHBC(AM), Hilo, Hawaii, filed a Petition to Deny the assignment to PRG (``Petition''). KHBC asserts that grant of the applications would result in violation of the Commission's multiple ownership rule and in undue market concentration. Additionally, Petitioner argues that PRG has assumed unauthorized control of the subject stations. On November 4, 2004, PRG requested a waiver of Section 73.3555(a) of the Commission's rules (the ``Waiver Request''). For the reasons stated below, we deny KHBC's Petition, grant the Waiver Request, and grant the Assignment Applications. BACKGROUND The Hawaii Stations are not located within any Arbitron-rated market. By letter dated March 17, 2004 (``Deficiency Letter''), the staff informed the applicants that the Assignment Applications were deficient in that, inter alia, they
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  • from Northeast Kansas Broadcast Service, Inc. to Free State Communications, LLC (Free State), File No. BALCT-20050506AAA. For the reasons stated below, we grant the application. Free State is controlled by the World Company (World), which publishes the Lawrence Journal-World, the daily newspaper published in Lawrence, Kansas. Lawrence, Kansas is completely encompassed by the predicted Grade A contour of KTKA-TV. Section 73.3555(d) of our rules states: No license for an AM, FM or TV broadcast station shall be granted to any party (including all parties under common control) if such party directly or indirectly owns, operates or controls a daily newspaper and the grant of such license will result in: [...] (3) The Grade A contour of a TV station, computed in
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  • 20036-6802 Re: Assignment of License for KSMO-TV, Kansas City, MO Facility ID No. 33336 File No. BALCT-20050107ACA Dear Counsel: This is in reference to the application for consent to assign the license for KSMO-TV, Channel 62, Kansas City, Missouri (WB), from KSMO Licensee, Inc. ("Sinclair") to Meredith Corporation ("Meredith"). The application is unopposed. The application requests a waiver of Section 73.3555(b)(2) of the Commission's rules, the television duopoly rule, to permit Meredith, licensee of KCTV(TV), Channel 5, Kansas City, Missouri (CBS), to acquire KSMO. Both KSMO and KCTV are in the same Nielsen Designated Market Area ("DMA") and their Grade B contours overlap. Under Section 73.3555(b)(2) of the Commission's rules in effect, two television stations licensed in the same DMA that
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  • C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. 2. Unjust Enrichment Applicants should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. Permit Selection There is no opportunity to change
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  • of ownership in the Lafayette, Indiana, radio market. For the reasons stated below, we deny the Petition to Deny and grant the Assignment Applications. BACKGROUND Under the local radio ownership rule now in effect, Arbitron's Lafayette Metro Survey Area (``Lafayette Metro'') is the relevant geographic market for evaluating the Assignment Applications' compliance with the numerical limits set forth in Section 73.3555(a) of the Commission's rules. AMP urges the Commission to abandon the numerical limits and evaluate this transaction using a ``case-by-case'' approach that focuses on ad revenue shares in the Metro. Based primarily on its assertion that Schurz's post-transaction revenue share would rise from 32.6 percent to 52.2 percent, AMP argues that denial of the Assignment Applications is necessary to preserve
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  • was filed by Broadcast Company of the Americas, LLC (BCA). Emmis filed an opposition to the petition and BCA filed a reply. In addition, as part of the assignment applications, SJL requests authorization to continue operating station KSNC(TV) as a satellite of KSNW(TV), and to operate stations KHAW-TV and KAII-TV as satellites of KHON-TV pursuant to Note 5 of Section 73.3555 of the Commission's Rules. For the reasons stated below, we deny the petition, grant the requests for continuing satellite operation and grant the applications. In its petition, BCA reiterates the claims that it made in a previous petition to deny filed against the Emmis applications to assign various licenses to Journal Broadcast Corporation (Journal) and LIN Television Corporation (LIN). In
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  • not have eight operating independently owned commercial and noncommercial television stations post-merger. Moreover, the stations' Grade B signal contours overlap. Although station WPME(TV) is a licensed station and has been operating since August 13, 1997, WPME Corp. seeks to acquire it pursuant to an unbuilt station waiver of the television duopoly rule, as set forth in Note 7 of Section 73.3555 of the Commission's rules. II. Duopoly Waiver 3. In its Local Ownership Order, the Commission established criteria for a waiver of the television duopoly rule for an ``unbuilt station.'' These criteria are: The combination will result in the construction of an authorized, but as yet unbuilt station; The permittee has made reasonable efforts to construct, but has been unable to
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  • order to comply with the applicable ownership rules.'' In its response, the Committee states that Clear Channel has not made a divestiture commitment. The Committee's concentration of control and multiple ownership issues are prematurely raised It is established policy not to consider such issues in conjunction with an allotment rulemaking proceeding. Rather, any issue with respect to compliance with Section 73.3555 of the Rules will be considered in conjunction with the applications to implement the reallotment. As we have previously stated, this policy is intended ``. . . to achieve an efficient and orderly transaction of both the rulemaking and the application process'' and recognizes that ``a rulemaking proceeding involves a technical and demographic analysis of competing proposals in the context
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  • studio rule, filed by Mark III Media, Inc. (``Mark III''). Specifically, Mark III seeks authority to continue operating stations KGWR-TV and KGWL-TV without main studios, utilizing the main studio of KGWC-TV, Casper, Wyoming. Background. KGWR-TV and KGWL-TV have long operated as 100% satellites of KGWC-TV, as authorized by the Commission's satellite exemption to the television duopoly rule. 47 C.F.R. � 73.3555, Note 5. In 2002, these stations were assigned from Benedek Broadcasting Corporation to Chelsey. (See File No. BALCT-20020619ABN). However, a satellite exemption was no longer required to permit common ownership of KGWR-TV, KGWL-TV and KGWC-TV, pursuant to the revised local television ownership rule, since there is either de minimis or no Grade B overlap among the stations. Nevertheless, Chelsey requested
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  • the public interest. In view of the foregoing, and having determined that Barrington is qualified in all respects, we find that a grant of the above-referenced application would serve the public interest, convenience and necessity. ACCORDINGLY, the request of Barrington Broadcasting LLC for the continued operation of WTOM-TV, Cheboygan, Michigan, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, IS GRANTED. FURTHERMORE, the above-referenced applications for consent to assign the licenses for WPBN-TV, Traverse City, Michigan and WTOM-TV, Cheboygan, Michigan to Barrington Broadcasting LLC ARE GRANTED. Sincerely, James J. Brown Deputy Chief, Video Division Media Bureau 1 The above-captioned applications are part of a larger transaction to assign ten television stations from Raycom
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  • of license of WVTM-TV, Birmingham, Alabama, from NBC WVTM License Company to Media General Communications, Inc. IS GRANTED, subject to the condition that, within six months of the consummation of this transaction, an application is filed with the Commission to dispose of such stations as would be necessary for Media General to come into full compliance with 47 C.F.R, � 73.3555(b) in the Birmingham DMA. FEDERAL COMMUNICATIONS COMMISSION Donna C. Gregg Chief, Media Bureau Our rules rely on DMAs, as determined by Nielsen Media Research. 47 C.F.R. � 73.3555(b) (2002). In the 2002 Biennial Regulatory Review, 18 FCC Rcd 13620 (2003), the Commission adopted new rules governing television local multiple ownership limitations. Several aspects of the new rules are currently stayed
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  • This is in reference to the above-captioned applications for assignment of licenses from Springfield Broadcasting Partners to GOCOM Media of Illinois, LLC (``Assignee). As part of this transaction, the assignee requests continuing satellite authority for WCCU(TV), Urbana, Illinois, which operates as a satellite of WRSP-TV, Springfield, Illinois, pursuant to the satellite exemption to the duopoly rule. See 47 C.F.R. � 73.3555, Note 5. Both stations are located within the Champaign-Springfield-Decatur, Illinois DMA. In Television Satellite Stations, 6 FCC Rcd 4212, 4215 (1991) (subsequent citations omitted), the Commission established the requirement that all applicants seeking to transfer or assign satellite stations justify continued satellite status by demonstrating compliance with a three-part "presumptive" satellite exemption standard applicable to new satellite stations. The presumptive
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  • 35,318) would maintain second and third local services, respectively in these communities, triggering less significant Priority 4. Second, the R&O concluded that the Committee's concentration of control and multiple ownership issues were prematurely raised because the Commission's policy is not to consider such issues in conjunction with an allotment rulemaking proceeding. Rather, any issue with respect to compliance with Section 73.3555 of the Commission's rules will be considered in conjunction with applications to implement the reallotments. In its Petition for Reconsideration, the Committee seeks to raise three issues. First, it argues that the R&O erred in approving the relocation of Station WMRN-FM to Dublin, which is in the Columbus, Ohio, radio market, because Clear Channel cannot own any more stations in
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  • City DMA as, and has overlapping Grade B signal contours with, KCWE(TV). While KCWE(TV) is not ranked among the top four stations in the DMA, common ownership of both stations would violate the Commission's duopoly rule since there would not be eight independently owned and operating commercial and noncommercial educational television stations post-merger. Accordingly, Hearst requests a waiver of Section 73.3555(b)(2) of the Commission's rules to permit it to acquire KCWE(TV) on the basis that it is an ``unbuilt station.'' Although KCWE(TV) is now operational, Hearst bases its waiver request on circumstances as they existed just prior to its 1995 time brokerage agreement (``TBA''), when KCWE(TV) was unbuilt. 3. Duopoly Waiver. The Commission's Local Ownership Order established the criteria for a
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  • the Third Circuit's partial lifting of its stay on the effectiveness of the order a year later, radio stations must terminate non-rule compliant JSAs by September 3, 2006. Morris contends that the KXGL JSA is not attributable for the purpose of the newspaper/broadcast cross-ownership restriction. Rather, it argues that the JSA rule, as set forth in Note 2(k) to Section 73.3555, applies only to the local radio ownership and the stayed cross-media limit rules. In this regard, Morris notes that it complies with the local radio ownership limit in Amarillo when the KXGL JSA is treated as such a cognizable interest. Morris holds interests in 2 FMs and 1 AM in the 28-station Amarillo market, significantly fewer than the six stations,
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  • of the termination requirement until six months after the date on which the Commission addresses Triad's Petition for Reconsideration serves the public interest. Accordingly, IT IS ORDERED that the Commission's requirement that Triad Broadcasting Company, LLC either terminate its Joint Sales Agreement with Guderian Broadcasting, Inc. with respect to KEGK(FM), Wahpeton, North Dakota, or otherwise come into compliance with Section �73.3555(a)(1)(iii) of the Commission's rules in the Fargo, North Dakota - Moorhead, Minnesota radio market by September 3, 2006, IS WAIVED for a period terminating on the date which is six (6) months after the date on which the Commission releases its decision on the Petition for Reconsideration of the 2002 Biennial Review Order filed by Triad Broadcasting Company, LLC. Sincerely,
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  • applications seeking consent to the assignment of the licenses of television stations KWCH-TV, Hutchison, Kansas; KBSD-TV, Ensign, Kansas; KBSL-TV, Goodland, Kansas; and KBSH-TV, Hays, Kansas, from MG Broadcasting, LLC as E.A.T. to Sunflower Broadcasting, LLC, Inc. (Sunflower). In connection with the acquisition, Sunflower proposes to continue operating KBSH-TV and KBSD-TV as satellites of KWCH-TV, pursuant to Note 5 of Section 73.3555 of the Commission's Rules, which exempts satellite stations from application of the local television multiple ownership rule. As discussed below, KBSL-TV does not require a satellite waiver to permit its common ownership with the other stations. Sunflower has submitted an exhibit in support of its proposal. Stations KBSD-TV, KBSH-TV and KBSL-TV have operated as satellites of KWCH-TV for several decades,
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  • of the above-captioned, pending applications for renewal of license. For the reasons set forth below, we deny the WJZD Objection, and we grant the license renewal applications. In its Objection, WJZD alleges that the Licensee ``engineered'' an unauthorized transfer of control of its station WQYZ(FM), Ocean Springs, Mississippi. WJZD further alleges that the Licensee ``may be'' in violation of Section 73.3555 of the Commission's Rules (the ``Rules''). WJZD also claims that the captioned applications should be denied or designated for hearing because the Licensee ``is a recidivist violator of Section 1464'' of Title 18 of the United States Code. Finally, WJZD alleges misrepresentation and lack of candor issues. In its Opposition, the Licensee argues that: (1) WJZD's claim against the pending
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  • C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Applicants should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. Installment Payments Installment payment plans will not be available in Auction
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  • Cove Road's application for a new commercial FM broadcast station at Merrill, Oregon shall be processed as a singleton. Accordingly, Cove Road is directed to submit, within 30 days of the date of this letter, an amendment to its application, to include, at a minimum, an exhibit demonstrating that grant of its application comports with the broadcast ownership rules, Section 73.3555(a) of the Commission's Rules. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau cc: J. Dominic Monahan, Esq. 47 C.F.R. � 73.3568(a)(1). Id. � 73.3573(a)(1). On June 2, 1999, an amendment was filed to correct the original application's file number, which had been mis-stated in the March 2, 1999, amendment. October 18, 1999, amendment, Attachment A. In its response, FRI
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  • original petition to deny, however, Stratemeyer misstates the law pertaining to what constitutes an attributable interest. In determining eligibility for the new entrant bidding credit, we look to whether an applicant holds attributable interests in any other media of mass communications. The standards for determining whether a party holds an attributable interest are set forth in Note 2 to Section 73.3555 of the Commission's Rules. Yet Stratemeyer continues to insist that Jensen holds attributable interests in other broadcast licensees, or they in her facility, because she allegedly used her employer's facsimile machine, contracted with professionals (attorneys and engineers) also used by her employers, and had, as mentioned previously, an ``ongoing business relationship'' with another broadcast licensee. These points were all addressed
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  • C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Applicants should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. CODO Group, LLC (``CODO'') requests that we consider increasing the new
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  • applications for the assignment of licenses from North Dakota Television License Sub, LLC to Hoak Media of Dakota License, LLC (``Assignee''). As part of this transaction, the assignee requests continuing satellite authorization for stations KMOT(TV), KQCD-TV and KUMV-TV, which operate as satellites of KFYR-TV, Bismarck, North Dakota, pursuant to the satellite exemption to the duopoly rule. See 47 C.F.R. � 73.3555, Note 5. Station KFYR-TV and the satellite stations are all located within the Minot-Bismarck-Dickinson, North Dakota DMA. Station KVLY-TV is located in the Fargo-Valley City, North Dakota DMA. In Television Satellite Stations, 6 FCC Rcd 4212, 4215 (1991) (subsequent citations omitted), the Commission established the requirement that all applicants seeking to transfer or assign satellite stations justify continued satellite status
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  • from South Dakota Television License Sub, LLC to Hoak Media of Dakota License, LLC (``Assignee''). As part of this transaction, the assignee requests continuing satellite authorization for stations KABY-TV, Aberdeen, South Dakota and KPRY-TV, Pierre, South Dakota, which operate as satellites of KSFY-TV, Sioux Falls, South Dakota, pursuant to the satellite exemption to the duopoly rule. See 47 C.F.R. � 73.3555, Note 5. Station KSFY-TV and the satellite stations are all located within the Sioux Falls-Mitchell, South Dakota DMA. In Television Satellite Stations, 6 FCC Rcd 4212, 4215 (1991) (subsequent citations omitted), the Commission established the requirement that all applicants seeking to transfer or assign satellite stations justify continued satellite status by demonstrating compliance with a three-part "presumptive" satellite exemption standard
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  • Facility ID No. 73264 File No. BALCT-20060725ADJ Dear Counsel: This is in reference to the application for consent to assign the license for WCWN(TV), Channel 45, Schenectady, New York (WB, to become CW), from WCWN LLC , a subsidiary of Tribune Broadcasting Company ("Tribune") to Freedom Broadcasting of New York Licensee, L.L.C. ("Freedom"). The application requests a waiver of Section 73.3555(b)(2) of the Commission's rules, the television duopoly rule, to permit Freedom, licensee of WRGB(TV), Channel 6, Schenectady, New York (CBS), to acquire WCWN. Both WCWN and WRGB are in the same Nielsen Designated Market Area ("DMA") and their Grade B contours overlap. Under Section 73.3555(b)(2) of the Commission's rules in effect, two television stations licensed in the same DMA that
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  • ``acting like any other potential litigant [who] believed in good faith that it could advise [petitioner] that it might file suit''). Reply at ii. 47 U.S.C. � 310(a-b). See Assignment Application at Attachment 11. According to Bernard, the LLC agreement of its parent company, Bernard Radio LLC, contains provisions insulating DBZ from involvement in media-related activities. See 47 C.F.R. � 73.3555, Note 2(f)(1) (``An interest in a LLC shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the licensee or system so certifies''). Bernard supplied the requisite certification regarding the insulation of DBZ. See Exhibit K to Opposition. Petitioners
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  • (1998), on recon., 14 FCC Rcd 8724, on further recon., 14 FCC Rcd 14521(1999). However, this did not relieve applicants of their obligation to disclose any ``same area'' overlap with respect to new entrant bidding credit eligibility in Exhibit C to Form 175. See Auction 37 Procedures Public Notice, supra note 8, 19 FCC Rcd at 10585-86, 10614-15. Id. � 73.3555(a). Any prior contour overlap evaluation would have compared KCLT(FM) to the reference coordinates relied upon in the Simes' Form 175 application. See, e.g., Zenith Electronics Corp. v. U.S., 884 F.2d 556, 560 (Fed. Cir. 1989) (``A number of cases have recognized the authority of an administrative agency to correct inadvertent, ministerial errors [citations omitted].''); Robert Fetterman d/b/a RF Communications, 16
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  • Winchester Virginia market would ``greatly reduce competition in the Winchester market.'' In regard to questions concerning the Commission's multiple ownership rules and related issues concerning concentration of control of stations in the Winchester radio market, it is established policy not to consider such issues in conjunction with an allotment rulemaking proceeding. Rather, any issue with respect to compliance with Section 73.3555 of the Rules will be considered in conjunction with the application to implement the reallotment. As the Commission has stated previously, this policy is intended ``...to achieve an efficient and orderly transaction of both the rulemaking and the application process'' and recognizes that ``a rulemaking proceeding involves a technical and demographic analysis of competing proposals in the context of Section
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  • and St. Joe, Florida, 11 FCC Rcd 1095 (MMB 1996); Jupiter and Hobe Sound, Florida, 12 FCC Rcd 3570 (MMB 1997). See Anniston and Ashland, Alabama, and College Park, Covington, Milledgeville and Social Circle, Georgia, 16 FCC Rcd 3411 (MMB 2001) (16% of workforce employed in community sufficient to support a favorable finding on this factor). See 47 C.F.R. � 73.3555, Note 2(i). See 47 C.F.R. � 73.3555(a)(1)(iii). See Chillicoche and Ashville, Ohio, 17 FCC Rcd 22410, 22414 (MB 2002), recon. denied, 18 FCC Rcd 22410 (MB 2003), app. for rev. pending; see also Detroit Lakes and Barnesville, Minnesota, and Enderlin, North Dakota, 16 FCC Rcd 22581 (MMB 2001); and Letter from Peter H. Doyle, Acting Chief, Audio Services Division, to
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  • a wholly owned subsidiary of Gray Television, Inc. (Gray), a publicly traded company. Through another subsidiary, Gray owns and publishes a daily newspaper, The Goshen News, in Goshen, Indiana, which is located in the South Bend-Elkhart DMA and within WNDU-TV's Grade A signal contour. As such, the common ownership of both WNDU-TV and The Goshen News is prohibited by Section 73.3555(d)(3) of the Commission's Rules, which provides, in pertinent part, that ``no license for [a] . . . TV broadcast station shall be granted to any party . . . if such party directly or indirectly owns, operates, or controls a daily newspaper and the grant of such license will result in'' the Grade A signal contour of that television station
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  • Band frequencies to operate both the existing band AM station and the expanded band AM station for a defined ``transition period'' of five years. Although the five-year transition period for dual operation begins as of the date the Expanded Band facility is licensed, see Letter to Jennifer D. Wagner, Esq., 16 FCC Rcd 21398 (MMB 2001), Note 9 to Section 73.3555 exempts Expanded Band AM stations from the ownership limit of Section 73.3555(a)(1), but Note 10 limits this rule exemption to a five-year period beginning on ``the date of issuance of a construction permit for an AM radio station in the 1605-1705 kHz band.'' See Entercom Kansas City License, LLC, 17 FCC Rcd 24917 (2002). The WGIT(AM) permit was issued on
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  • of the proposed assignment of the license (the ``Assignment Application'') for station WVAA(AM), Burlington, Vermont, from Radio Vermont KDR, LLC (``Radio Vermont'') to White Park Broadcasting, Inc. (``White Park''), a subsidiary of Northeast Broadcasting Company (collectively with White Park, ``Northeast''). Initially, Northeast argued in the Assignment Application that its proposed transaction complies with the Commission's local radio ownership rule, Section 73.3555(a). Northeast then amended the Assignment Application to request a waiver of Section 73.3555(a). In its most recent amendment to the application, Northeast again asserts that the proposed transaction complies with the rule and that a waiver is not required. For the reasons set forth below, we conclude that the proposed assignment does not comply with the rule, but, for the
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  • License Dear Ms. Buckman: This letter refers to the above-captioned application, as amended (the ``Application''), for a minor modification of the license for Station WTKV(FM), Channel 288A, Oswego, New York, filed by Galaxy Communications, L.P. (``Galaxy''). The Application proposes to implement a change in WTKV(FM)'s community of license and seeks a waiver of a provision in Note 4 to Section 73.3555 of the Commission's rules (the ``Waiver Request''). For the reasons set forth below, we deny the Waiver Request and dismiss the Application for failure to comply with the local radio ownership rule, Section 73.3555(a). Background On September 12, 2001, the staff granted Galaxy's rulemaking petition to change WTKV(FM)'s community of license from Oswego to Granby, New York. Subsequently, Galaxy filed
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  • if such an interest were attributable, as Qantum alleges, Cumulus would remain in compliance with the Commission's local radio ownership rule. We thus reject Qantum's first argument. Undue Market Concentration. Under the local radio ownership rule now in effect, the Ft. Walton Beach Metro is the relevant geographic market for evaluating compliance with the numerical limits set forth in Section 73.3555(a) of the Commission's rules with respect to stations WTKE(FM), WNCV(FM), and WYZB(FM). When it adopted its bright-line, geography-based radio rule for rated markets, the Commission concluded that ``[b]y applying the numerical limits of the local radio ownership rule to a more rational market definition, we believe that, in virtually all cases, the rule will protect against excessive concentration levels in
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  • would serve the public interest. ACCORDINGLY, IT IS ORDERED THAT, the joint request for approval of settlement agreement filed by Free Press, The Liberty Corporation and Raycom Media, Inc. is GRANTED and the petition to deny filed by Free Press IS DISMISSED. FURTHERMORE, IT IS ORDERED THAT the request for a temporary waiver of the Commission's duopoly rule, 47 C.F.R. �73.3555 (b) to permit common ownership by Raycom Media, Inc. of two television stations in the Toledo, Ohio; Columbia, South Carolina; Wilmington, North Carolina; and Albany, Georgia markets IS GRANTED, subject to the condition that within six months of the consummation of this transaction, applications are filed with the Commission to dispose of such stations as would be necessary for Raycom
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  • C.F.R. � 73.5007(b), or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Unjust Enrichment Applicants should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. Consortia and Joint Bidding Arrangements Applicants will be required
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  • for the assignment of licenses from Pegasus Broadcast Associates, L.P. and WOLF License Corp. to New Age Media of Pennsylvania License, LLC (``Assignee''). As part of this transaction, the Assignee requests continuing satellite authority for WQMY(TV), Williamsport, Pennsylvania, which operates as a satellite of WOLF-TV, Hazleton, Pennsylvania, pursuant to the satellite exemption to the duopoly rule. See 47 C.F.R. � 73.3555, Note 5. Both stations are located within the Wilkes Barre-Scranton, Pennsylvania DMA. In Television Satellite Stations, 6 FCC Rcd 4212, 4215 (1991) (subsequent citations omitted), the Commission established the requirement that all applicants seeking to transfer or assign satellite stations justify continued satellite status by demonstrating compliance with a three-part "presumptive" satellite exemption standard applicable to new satellite stations. The
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  • if: (1) the Grade B contours of the stations do not overlap; or (2) if at least one of the stations is not ranked among the top four stations in the DMA in terms of audience share and eight or more independently owned and operating commercial and noncommercial television stations will be licensed in the DMA post-merger. 47 C.F.R. � 73.3555(b). On July 2, 2003, the Commission issued its 2002 Biennial Review Order, in which it modified the broadcast television multiple ownership rule. See 2002 Biennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunication Act of 2002 (``2002 Biennial Review Order''), 18 FCC Rcd 13620 (2002), aff'd in
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  • Television LLC to Bonten Media Group LLC (``Bonten''). On January 3, 2007, Marshall R. Noecker (``Noecker'') filed a petition to deny the application concerning KCFW. Among the stations licensed to BlueStone are KCFW-TV, Kalispell, Montana, and KECI-TV, Missoula, Montana. The proposed transferee, Bonten, requests authorization to continue operating KCFW as a satellite of KECI pursuant to Note 5 of Section 73.3555 of the Commission's Rules. Bonten points out that KCFW has been operating as a satellite of KECI under Commission authority most recently granted in 2004. Waiver Request. Pursuant to Television Satellite Stations, the Commission presumes that a proposed satellite operation will serve the public interest if: 1) no City Grade overlap exists between the parent and the satellite; 2) the
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  • Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2224-25 (2000) (``LPFM Report and Order''). Id. at 2224-25 (emphasis added). Id. (emphasis added). Id. See 47 C.F.R. � 73.3555 Note 2(h). LPFM Report and Order, 15 FCC Rcd at 2225. By way of example, the LPFM Report and Order states that, if a director of a ``full power broadcaster were to act as an officer of the LPFM [station], the director would be attributed with both stations and would violate the [cross-ownership] ban.'' Id. at 2224. Id. at 2225.
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  • applicants. Window Opened to Permit Settlements for Closed Groups of Mutually Exclusive Broadcast Applications, Public Notice, 16 FCC Rcd 17091 (MMB 2001) (the ``2001 Settlement Window''). The settlement period was extended through February 15, 2002 in Extended Settlement Period for Closed Groups of Mutually Exclusive Broadcast Applications Announced, Public Notice, 16 FCC Rcd 22047 (MMB 2001). See 47 C.F.R. � 73.3555(a). RF exposure guidelines of the American National Standards Institute (ANSI) for evaluating the potential environmental significance of RF radiation emitted by FCC-regulated transmitters, discussed in OST Technical Bulletin No. 65, ``Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radiofrequency Radiation.'' Navajo also adds that Konopnicki's Opposition contains further misrepresentation, lack of candor, and ``carelessness.'' Referencing Tri-State Communications, Inc., Decision,
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  • Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Report and Order and Notice of Proposed Rulemaking, 18 FCC Rcd 13620, 13808 (2003) (``2002 Biennial Review Order''), aff'd in part and remanded in part, Prometheus Radio Project, et al. v. F.C.C., 373 F.3d 372 (3d Cir. 2004). See also 47 C.F.R. � 73.3555(a). See Broadcast Actions, Public Notice, Report No. 45917 (MB Feb. 8, 2005). See Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 1097, 1112 (2001) (``Attribution MO&O''). See also 47 C.F.R. � 73.3555, Note 2(e). Letter to Harry C. Martin, Esq. and Howard A. Topel, Esq., Ref. No.
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  • if eight or more independently owned and operating commercial and noncommercial television stations will be licensed to the DMA and at least one of the stations is not ranked within the top four stations in the DMA in terms of audience share. Low power and Class A television stations, however, are not subject to the numerical ownership limits of section 73.3555(b). In the case of Class A television stations, the Commission concluded that Congress in passing the Community Broadcasters Protection Act of 1999 intended ``that Class A stations be exempt from existing common ownership requirements and that this exemption should apply when a license is subsequently transferred to a buyer with other media interests.'' The Commission has also stated that there
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  • (1971); Marvin C. Hanz, Memorandum Opinion and Order, 22 FCC 2d 147 (Rev. Bd. 1970). See KOWL, Inc., Memorandum Opinion and Order, 49 FCC 2d 962, 964 (Rev. Bd. 1974). See FCC Form 340, Section II (May 1989 ed.). See Reexamination of Comparative Standards for Noncommercial Educational Applications, Report and Order, 15 FCC Rcd 7386, 7418-19 (2000); 47 C.F.R. � 73.3555, note 2. Moody's showing that HAC's Chancellor was also Pastor of the Church and sent Moody a letter on Church stationary concerning settlement negotiations in this proceeding is inconsequential. See Omnibus Order, __ FCC Rcd ___ (�53 and n.148). (footnote continued...) Federal Communications Commission Washington, D.C. 20554 June 19, 2007 DA 07-2680 In Reply Refer To: 1800B3-IB Released: June 19,
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  • DC 2006 Re: Assignment of License for KSCW(TV), Wichita, KS Facility ID No. 72348 File No. BALCT-20070330ATL Dear Counsel: This is in reference to the application for consent to assign the license for KSCW(TV), Channel 33 (CW), Wichita, Kansas, from WLBB Broadcasting, LLC (WLBB) to Sunflower Broadcasting, Inc. (Sunflower). The application is unopposed. The application requests a waiver of Section 73.3555(b)(2) of the Commission's rules, the television duopoly rule, to permit Sunflower, licensee of KWCH-TV, Channel 12 (CBS), Hutchinson, Kansas, to acquire KSCW. Both KSCW and KWCH-TV are in the same Nielsen Designated Market Area (DMA) and their Grade B contours overlap. Under Section 73.3555(b)(2) of the Commission's rules currently in effect, two television stations licensed in the same DMA that
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  • that it did not file the Option Agreements with the Commission until September 14, 2004, contemporaneous with its Opposition to Informal Objection, but argues that ``the rules are ambiguous as to whether filing the Option Agreements with the Commission is required'' since the stock interests at issue were between 0.14% and 4.16% and thus nonattributable under Note 2 to section 73.3555 of the Commission's rules. WVMH finally contends that the Informal Objection is an anticompetitive effort to delay action on the license renewal applications since the Petitioners have significant media interests in West Virginia. Discussion. Section 73.3526 of the Commission's rules requires all licensees of commercial broadcast stations to maintain a public inspection file containing designated information and documentation, and section
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  • Section 202 of the 1996 Act abolished the limits the FCC had previously placed on the number of radio stations a single entity could own nationally. It also significantly relaxed lim the FCC had placed on ownership of radio stations in a local market. On March 7, 1996, the FCC implemented these provisions of the 1996 Act by revising Section 73.3555 of its Rules (47 C.F.R. �73.3555) to elim ownership rule. This is the fifth Review of the Radio Industry examining industry trends since the Act was implemented in 1996.1 Clearly, the 1996 radio ownership rules revisions have had a substantial impact on radio market structure and performance. Prior reports indicated a trend toward consolidation of radio station ownership, resulting in
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  • an LMA were considered to have as their parent the parent of the managing firm, and not their own parent. 14 A TV station is considered to be cross-owned with a newspaper under the Commission's rules "if the broadcast station's service contour completely encompasses the newspaper's city of publication." 2006 FNPRM on Media Ownership, at para. 24; 47 C.F.R. Sec. 73.3555(d)(3) (2002). 15 Owners are limited in the number of stations they may own in a DMA. According to the Commission's rules, "an entity may own two television stations in the same designated market area ("DMA") if (1) the Grade B contours of the stations do not overlap; or (2) at least one of the stations in the combination is not
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  • informal objection will be denied. When viewed in totality, the agreements between Parkin and New Vision do not give New Vision an attributable interest in WYTV(TV) in violation of our local television ownership rules. Because New Vision is barred from providing more than 15% of the programming of WYTV(TV) under the SSA, the agreement does not trigger attribution under Section 73.3555(b) Note 2. Furthermore, the Commission has ruled that options and guarantees are permissible and do not give rise to attribution where they would not trigger the equity-debt-plus attribution standard. In concluding that loan guarantees are not attributable, and that options are not attributable until exercised, the Commission indicated that such relationships do not provide the interest holder with the incentive
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  • Koplar petition to deny (Koplar PTD) at 1 and 4. Under our rules a party may own two television stations in the same DMA, if eight independently owned and operating commercial and noncommercial television stations will remain in the DMA post-merger, and at least one of the stations is not among the top four-ranked stations in the market. 47 C.F.R. 73.3555. Koplar PTD at 8. Id at 10. Koplar argues that KY3 will program more than 15% of KSPR(TV)'s weekly time because the 15% of programming provided by KY3 under the SSA, when added to the advertising time sold by KY3, will necessarily exceed the 15% weekly cap for avoiding attribution. See 47 C.F.R. � 73.3555, Note 2(i). However, we have
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  • License for WBUI(TV), Decatur, IL Facility ID No. 16363 File No. BALCT-20070706ACJ Dear Counsel: This is in reference to the application for consent to assign the license for WBUI(TV), Channel 23 (CW), Decatur, Illinois, from ACME Television Licenses of Illinois, LLC (ACME) to GOCOM Media of Illinois, LLC (GOCOM). The application is unopposed. The application requests a waiver of Section 73.3555(b)(2) of the Commission's rules, the television duopoly rule, to permit GOCOM, licensee of WRSP-TV, Channel 55 (Fox), Springfield, Illinois, to acquire WBUI. Both WBUI and WRSP-TV are in the same Nielsen Designated Market Area (DMA), and their Grade B contours overlap. Under Section 73.3555(b)(2) of the Commission's rules currently in effect, two television stations licensed in the same DMA that
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  • possible violations of the applicable provisions of the Act and the Rules, they have cited no specific evidence of such practices at the Stations. With regard to the Petitioners' stated concern about Licensee's size, the number of stations licensed to it, and its ownership of various media enterprises, we note that Licensee's ownership of the Stations complies fully with Section 73.3555 of the Rules. Much of the Petition focuses on the allegedly adverse impact of the current ownership rules on the quality and amount of local service provided by radio stations. The Commission is currently considering the adequacy of the current ownership limitations on fostering localism, competition and diversity. That rulemaking proceeding is the appropriate forum in which such issues of
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  • find that a grant of the above-referenced applications would serve the public interest, convenience and necessity. ACCORDINGLY, the request of CaribeVision Station Group, LLC for continued operation of WKPV(TV), Ponce Puerto Rico, WJWN-TV, San Sebastian, Puerto Rico, and WIRS(TV), Yauco, Puerto Rico as satellites of WJPX(TV), San Juan, Puerto Rico, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, IS GRANTED. FURTHERMORE, the above-referenced applications for consent to: (1) transfer control of S&E Network, Inc., licensee of WJPX(TV), San Juan, Puerto Rico, WKPV(TV), Ponce, Puerto Rico, and WJWN-TV, San Sebastian, Puerto Rico from Intermedia Espanol Holdings, LLC to CaribeVision Station Group, LLC (File No. BTCCT-20070509ADG); and (2) assign the license of WIRS(TV), Yauco,
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  • the materials submitted, we find that SP ComCorp has set forth information sufficient to warrant continued satellite operation for KYLE, and that such operation is in the public interest. ACCORDINGLY, the request of SP ComCorp LLC for continued operation of KYLE(TV), Bryan, Texas, as a satellite of KWKT(TV), Waco, Texas, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's Rules, IS GRANTED. FURTHERMORE, having determined that the applicant is qualified in all other respects, the above-captioned application for transfer of control of Comcorp of Bryan License Corp., licensee of KYLE(TV), Bryan, Texas, from Shareholders of Communications Corporation of America, Inc. (Debtor-in-Possession) to SP ComCorp LLC (File No. BTCCT-20070717ACZ) IS GRANTED. Sincerely, Barbara A. Kreisman
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  • the public interest. In view of the foregoing, and having determined that the assignee is qualified in all respects, we find that grant of the above-referenced applications would serve the public interest, convenience and necessity. ACCORDINGLY, the request of Cadillac Telecasting Co. for the continued operation of WFUP(TV), Vanderbilt, Michigan, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, IS GRANTED. FURTHERMORE, the above-referenced applications for consent to assign the licenses for WFQX-TV, Cadillac, Michigan, WFUP(TV), Vanderbilt, Michigan, W54CR, Traverse City, Michigan, and W61CR, Sault Ste. Marie, Michigan to Cadillac Telecasting Co. ARE GRANTED. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau cc: John M. Burgett, Esq. See 47 C.F.R. � 73.3555,
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  • University of Hawaii (``UH'') are attributable to MBC through a common UH/MBC governing board member, Ms. Momi Cazimero (``Cazimero''). For purposes of the NCE point system, an ``attributable interest'' is defined as ``an interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards that would be cognizable under the standards in the notes to Section 73.3555.'' MBC's Application disclosed that Cazimero sat on the governing boards of both organizations in 1996, and responded ``yes'' that a party to the application had an interest in another broadcast station. In 2001, MBC amended the Application to reflect that MBC's governing documents prevented MBC and its directors from having interests in other radio stations that would overlap the proposed
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  • an unsworn Opposition, maintains that CAE has no connection to FSI, and denies Oregon's allegations as speculative and unsubstantiated. For purposes of the NCE point system, an ``attributable interest'' is defined as ``an interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards that would be cognizable under the standards in the notes to Section 73.3555.'' The rule also identifies as attributable ``an interest of an entity providing more than 33 percent of an applicant's equity and/or debt that also either (1) supplies more than 15% of the station's weekly programming, or (2) has an attributable interest pursuant to � 73.3555 in media in the same market.'' As Oregon recognizes, an employment relationship is not cognizable
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  • for construction permit for minor modification of license to relocate the WMRN-FM facilities to a new location serving Dublin and to change channel from Channel 295B to Channel 294B1. Dublin lies within the Columbus, OH Arbitron Metro (Columbus Metro). When the Application was filed, the Columbus Metro was a forty-four station market as reported by BIA. In such markets, Section 73.3555 of the Commission's rules limits a single licensee to a cognizable interest in no more than four same-service stations. The Committee and Sandyworld opposed grant of the Clear Channel application, contending that WNRM-FM thereby would become Clear Channel's fifth cognizable interest in a same-service station within the Columbus Metro in violation of the Multiple Ownership Rules. Subsequently, BIA added one
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  • Objectors' suggestion that alternate buyers be found. Section 310(d) of the Act specifically prohibits the Commission from considering any entity other than the assignee proposed in the application before us. Finally, the Assignment Applications demonstrate that Hutton's proposed degree of ownership in the markets at issue satisfies the multiple ownership limits established by Section 202 of the Act and Section 73.3555 of the Rules, and we find no basis in Objectors' inference to the contrary. Based on the above, we find that the Objectors have not raised a substantial and material question of fact warranting further inquiry. We further find that Hutton Broadcasting, LLC is qualified as the assignee and that grant of the Assignment Applications is consistent with the public
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  • little premature for me to say anything, since it is still in the permitting stage.'' The story further states that ``Toole, who listed himself as the station's sole proprietor in his FCC application, said he presently does not own any other media.'' The alleged ``ambiguity'' of these statements is not apparent. Reply at 1. Id. See generally 47 C.F.R. � 73.3555 and Note 2, as to what interests in a licensee are considered attributable. The ``key employee relationships'' component of the cross-interest policy was eliminated in 1999. This aspect of the cross-interest policy had prohibited an individual who served as a key employee, such as a general manager, of one station from holding an attributable ownership interest in another station in
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  • controlled by Montecito Broadcast Group, LLC (Montecito) to New Vision Television, LLC (New Vision). Included in the transaction are applications seeking authorization to continue operating station KSNC(TV), Great Bend, Kansas, as a satellite of KSNW(TV), Wichita, Kansas, and to operate stations KHAW-TV, Hilo, Hawaii, and KAII-TV, Wailuku, Hawaii, as satellites of KHON-TV, Honolulu, Hawaii, pursuant to Note 5 of Section 73.3555 of the Commission's Rules. For the reasons stated below, we grant the applications and the requests for continuing satellite operation. Since purchasing the stations in 2005, Montecito has continued to operate KSNC(TV), KAII-TV, and KHAW-TV as satellites. Pursuant to the Commission's television satellite policy, as set forth in Television Satellite Stations, an applicant is entitled to a presumption that the
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  • view of the foregoing, and having determined that Esteem is qualified in all respects, we find that a grant of the above-referenced application would serve the public interest, convenience and necessity. ACCORDINGLY, the request of Esteem Broadcasting of North Carolina LLC for the continued operation of WYDO(TV), Greenville, North Carolina, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, IS GRANTED. FURTHERMORE, the above-referenced application for consent to assign the licenses for WYDO(TV), Greenville, North Carolina and WFXI(TV), Morehead City, North Carolina (File No. BALCT-20070326AGP) IS GRANTED. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau cc: Joe Di Scipio, Esq. See 47 C.F.R. � 73.3555, Note 5. Television Satellite Stations Review of
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  • of the 2007 Univision Order, PEP and Lee hold 19% and 23.3% interests in Univision, respectively. In addition, as further noted in the 2007 Univision Order, PEP holds a 16% interest in Freedom Communications Holdings, Inc. (``Freedom''), and Lee holds a 25% interest in Cumulus Media Partners, LLC (``Cumulus''). PEP's interests in Univision and Freedom resulted in violation of Section 73.3555(d) of the Commission's Rules (the ``newspaper/broadcast cross-ownership rule'') in five markets, while Lee's interest in Cumulus resulted in violation of Section 73.3555(c) (the ``radio/television cross-ownership rule'') and Section 73.3555(a) (the ``local radio ownership rule'') in three markets. Therefore, in Paragraph 47 of the 2007 Univision Order the Commission required PEP and Lee to take specific steps to come into compliance
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  • or potential violation of the Act or the Rules. The Commission does not regulate the non-broadcast activities of station personnel or announcers. Accordingly, these allegations are not relevant to determining CBS's character qualifications. 16. The Rochester Stations Assignment Application. As noted above, the Rochester Stations Assignment Application contains a request for waiver of the Commission's local radio ownership rules, Section 73.3555(a)(1) of the Rules. This Rule permits an entity to own, operate, or control (1) up to eight commercial radio stations, not more than five of which are in the same service (i.e., AM or FM), in a radio market with 45 or more radio stations; (2) up to seven commercial radio stations, not more than four of which are in
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  • Facility ID No. 34854 File No. BALH-20070531APE Application for Assignment of Licenses Dear Counsel: This letter concerns the referenced application (the ``Assignment Application'') proposing to assign the licenses of Stations KBIM(AM) and KBIM-FM, Roswell, New Mexico (collectively, the ``Stations'') from King Broadcasting Company, Inc. (``King'') to Noalmark Broadcasting Corporation (``Noalmark''). Noalmark requests waiver of the local radio ownership rule, Section 73.3555(a) of the Commission's Rules, (the ``Waiver Request'') in connection with the acquisition of KBIM-FM. For the reasons set forth below, we grant the Waiver Request and the Assignment Application. Background. The community of license of the Stations, Roswell, New Mexico, in Chaves County, is not located within the geographic boundaries of any Arbitron-rated market. Noalmark currently holds a cognizable ownership
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  • defined by the area encompassed by the mutually overlapping principal community contours of the stations proposed to be commonly owned. The Commission is using this method pending the outcome of an ongoing rulemaking proceeding which seeks comment on methods to establish geographic boundaries for non-rated markets. See Ownership Order, 18 FCC Rcd at 13729-30 and 13870-73. See 47 C.F.R. � 73.3555(a)(1). Each market, so defined, contained 37, 32, or 26 stations, of which Inland would own 6 or 7. RPI argued that Inland's interests would exceed those permissible because Inland would have attributable interests in six of the nine commercial stations in that ``market'' and would create a ``duopoly.'' See Initial Ruling, 20 FCC Rcd at 8843. Petition at 5. The
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  • S&E Network, Inc., licensee of WJPX(TV), San Juan, Puerto Rico; WKPV(TV), Ponce, Puerto Rico; and WJWN-TV, San Sebastian, Puerto Rico; and WNJX-TV, Inc., licensee of WNJX-TV, Mayaguez, Puerto Rico. As part of this transaction, Intermedia requests continuing satellite authority for stations WTIN(TV), WNJX-TV, WKPV(TV), WIRS(TV), and WJWN-TV, pursuant to the satellite exemption to the duopoly rule. See 47 C.F.R. � 73.3555, Note 5. For the reasons stated below, we grant the applications and the requested continuing satellite authority. The Puerto Rico Market. Nielsen has not developed DMA markets for the island of Puerto Rico. However, in past television duopoly cases involving stations in different parts of Puerto Rico, we have implicitly treated the entire island as a single television market. For
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  • conditioned. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau On October 3, 2007, Stratus filed an Opposition to Petition to Deny and Cumulus filed an Opposition to Petition to Deny. On October 10, 2007, Midwest filed a Reply to Oppositions to Petition to Deny. See (lead) File No. BALH-20061226AAY. File No. BALH-20061226ABJ. File No. BAL-20061226ABC. See 47 C.F.R. � 73.3555(a)(1)(iv). 47 C.F.R. � 73.3518. The rule states: ``While an application is pending and undecided, no subsequent inconsistent or conflicting application may be filed by or on behalf of or for the benefit of the same applicant, successor or assignee.'' 47 C.F.R. � 73.1150. In pertinent part, this rule states that a licensee selling a station ``may retain no right of
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  • a case-by-case approach would ``impose substantial burdens on small-market radio broadcasters.'' The Commission reasoned that the appropriate course is to develop market definitions for non-rated markets through the rulemaking process. The rulemaking proceeding regarding non-rated markets is still ongoing. In light of the Commission's concerns articulated in the Ownership Report and Order and discussed above, we determine compliance with Section 73.3555(a) in this case under the current rule, i.e., by applying the interim contour-overlap methodology. Staff review confirms that the proposed transaction forms two separate radio markets. In the first market, BBI would own three FM stations and one AM station in a 10-station market. In the second market, BBI would also own three FM stations and one AM station in
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  • a Petition to Deny the Assignment Application. For the reasons stated below, we deny the Petition to Deny and grant the Assignment Application. Background. PCI states that grant of the Assignment Application would add to KSRM's ``already anti-competitive group of stations,'' providing KSRM with an unfair advantage over its competitors. PCI also argues that the proposed transaction would violate Section 73.3555 of the Commission's Rules. Discussion. With regard to PCI's competition claims, we initially note that Station KZNZ(FM) is not located in a market that is rated by Arbitron. In its extensive review of the broadcast ownership rules, the Commission determined that, where transactions involve non-Arbitron rated markets, it would continue to apply its contour-overlap methodology, with certain modifications, to determine
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  • both subsidiaries of Cumulus Media Inc. (collectively ``Cumulus'') to avoid attribution of those stations to Cumulus. Absent these arrangements, Cumulus would have held attributable interests in five stations in the Kansas City Arbitron Metro, exceeding by one the number of stations in which it could hold attributable interests for the purpose of compliance with the radio multiple ownership rule, Section 73.3555 of the Commission's Rules. Thus, KMAJ-FM and KCHZ(FM) are no longer attributable to Cumulus as a result of the consummation of the assignments of these licenses to KCT. Discussion. To obtain a waiver of the Commission's competitive bidding rules, an applicant must show: (i) that the underlying purpose of the rule would not be served, or would be frustrated, by
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  • Facility ID No. 40052 File No. BALH-20050427ABB Application for Assignment of License Gentlemen: We have before us the above-captioned application (the ``Application'') for consent to the assignment of the license for Station WMIO(FM), Cabo Rojo, Puerto Rico (the ``Station''), from Bestov Broadcasting, Inc. to Arso Radio Corporation (``Arso''). The Application includes an unopposed request by Arso for waiver of Section 73.3555(a) of the Commission's Rules, which sets forth the limits on the number of stations a party may own in a local radio market (the ``Waiver Request''). For the reasons set forth below, we conditionally waive Section 73.3555(a) and grant the Application. This waiver is conditioned on the outcome of Arso's Petition for Reconsideration of the Commission's Ownership Order. Background Arso
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  • Wilkinson, will hold one percent of the assets and one percent of the votes. Holladay Broadcasting consummated the grant of its assignment application for the KNOE(AM) license on March 4, 2008 (File No. BAL-20061213AIW). Also on March 4, 2008, Holladay Broadcasting complied with a condition of that grant and surrendered the license for Station KMLB(AM), Monroe, Louisiana. 47 C.F.R. � 73.3555(a)(1)(iii). 47 C.F.R. � 73.3555(a). Petition to Deny at i. Id. at 14. 47 C.F.R. � 309(d). Citizens for Jazz on WRVR v. F.C.C., 775 F.2d 392, 395 (D.C. Cir. 1985). See also 47 U.S.C. � 309(d)(1) (``The petition shall contain specific allegations of fact sufficient to show that . . . grant of the application would be prima facie inconsistent
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  • Re: Assignment of License for KWBA(TV), Sierra Vista, AZ Facility ID No. 35095 File No. BALCT-20080320AEY Dear Counsel: This is in reference to the application for consent to assign the license for KWBA(TV), Channel 58 (CW), Sierra Vista, Arizona, from Tucson Communications, L.L.C. (Tucson) to Journal Broadcast Corporation (Journal). The application is unopposed. The application requests a waiver of Section 73.3555(b)(2) of the Commission's rules, the television duopoly rule, to permit Tucson, licensee of KGUN(TV), Channel 9 (ABC), Tucson, Arizona, to acquire KWBA. Both KGUN and KWBA are in the same Nielsen Designated Market Area (DMA), Tucson (Sierra Vista) and their Grade B contours overlap. Under Section 73.3555(b)(2) of the Commission's rules currently in effect, two television stations licensed in the
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  • KBUR and KBKB to Pritchard Broadcasting and the assignment of the licenses of KGRS and KBKB-FM to Titan ``seems like a clever way to elude the FCC and bypass multiple ownership laws,'' because of the familial relationship of the Assignee Parties. The Assignee Parties assert that familial relationship, alone, does not create an attributable interest within the meaning of Section 73.3555(a)(1)(iii) of the Commission's Rules (``Rules'') (``Local Radio Ownership Rule''). They claim that the proposed assignments of licenses comport with the non-attributable interest factors set out in the Clarification of Commission Policies Regarding Spousal Attribution, Policy Statement, 7 FCC Rcd 1920 (1992) (``Policy Statement''). Specifically, the Assignee Parties state under penalty of perjury: (1) that Pritchard Broadcasting and Titan will not
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  • to build out the facility. The eligible entitywill have either the time remaining on the original permit or 18 months from the consummation of the assignment or transfer of control of the expiring permit, whichever is greater, to complete construction and file an application for license. Modification of Attribution Rule: The Report and Order also revises Note 2(i) to Section 73.3555 of the Commission's rules, which sets forth the Commission's equity/debt plus ("EDP") attribution standard to facilitate investment in eligible entities. Previous Rules: The Commission's broadcast attribution rules define which financial or other interests in, or relationships with, a licensee are counted in applying the broadcast ownership rules. With regard to corporate entities, the broadcast attribution rules generallyattribute voting stock interests
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  • without public notice to clarify or update the contents. Direct your comments or calls for further assistance, to the FCC's Consumer Center: 1-888-CALL-FCC (1-888-225-5322) TTY: 1-888-TELL-FCC(1-888-835-5322) Fax: 202-418-0232 fccinfo@fcc.gov 2 Compliance Requirements General Responsibility All broadcast licensees are required to comply with the Federal Communications Commission's (FCC) broadcast ownership rules. The FCC's broadcastownership rules are contained in 47 C.F.R. �� 73.3555 and 73.658(g). Among other things, the rules limit the number of broadcast licenses that one entitymaycontrol in a single market. The Report and Order completes the 2006 quadrennial review of the broadcast ownership rules pursuant to Section 202(h) of the Telecommunication Act of 1996, which requires the FCC to review its broadcast ownership rules everyfour years to determine whether theyremain
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  • interest. In view of the foregoing, and having determined that Foxco is qualified in all respects, we find that a grant of the above-referenced applications would serve the public interest, convenience and necessity. ACCORDINGLY, the request of Foxco Acquisition Sub, LLC for the continued operation of KFCT(TV), Fort Collins, Colorado, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, IS GRANTED. FURTHERMORE, the above-referenced applications for consent to assign the licenses for KDVR(TV), Denver, Colorado, KFCT(TV), Fort Collins, Colorado, WBRC(TV), Birmingham, Alabama, WJW(TV), Cleveland, Ohio, WGHP(TV), High Point, North Carolina, WITI(TV), Milwaukee, Wisconsin, KSTU(TV), Salt Lake City, Utah, and KTVI(TV), St. Louis, Missouri (File Nos. BALCT-20080110ACC, ACD, ACF-ACI, ACS, ACU) ARE GRANTED. FURTHERMORE,
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  • to Auction Procedures for the 800 MHz SMR Auction (Auction No. 16), Public Notice, 12 FCC Rcd 13,449, 13,450 (WTB 1997). See also Auction of Licenses in the 747-792 MHz Bands Scheduled for September 6, 2000, Public Notice, 15 FCC Rcd 11,526, 11,547 (WTB 2000). See supra para. 27. Nassau Petition at 4. Id. at 3. See 47 C.F.R. � 73.3555(a). Advance, 22 FCC Rcd at 18,850 � 7, 18,853 � 16. Id. at 18,851-52 � 10. Nassau Amendment to Petition at 5-6. See supra para. 25. Nassau Amendment to Petition at 4-5. Advance, 22 FCC Rcd at 18,852 � 13. We stated, ``[W]e do not base our decision on Advance's claim that it relied on faulty third-party software. . .
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  • view of the foregoing, and having determined that Tucker is qualified in all respects, we find that a grant of the above-referenced application would serve the public interest, convenience and necessity. ACCORDINGLY, the request of Tucker Broadcasting of Traverse City, Inc. for the continued operation of WGTQ(TV), Sault Ste. Marie, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, IS GRANTED. FURTHERMORE, the above-referenced application for consent to assign the licenses for WGTU(TV), Traverse City, Michigan and WGTQ(TV), Sault Ste. Marie, Michigan (File Nos. BALCT-20070917ADG, ADH) ARE GRANTED. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau cc: Julian L. Shepard, Esq. See 47 C.F.R. � 73.3555, Note 5. Television Satellite Stations Review
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  • 85 FCC 2d 713, 715 (1981)). See MSG-Madifide Shared Services Agreement at 2-4. See id. at 5. Madifide and its president, Jesus M. Soto, already have a ``cognizable interest'' in the licenses of several other broadcast stations in the Puerto Rican radio market, and any added interest associated with a new license would currently result in a violation of Section 73.3555 of the Rules regarding multiple ownership. See 47 C.F.R. � 73.3555. See 47 U.S.C. � 503(b)(6). 47 C.F.R. � 1.80(b)(4). See, e.g., Contemporary Media, Inc. v. FCC, 214 F.3d 187, 192 (D.C. Cir. 2000). See In re Ultimate Medium Communications Corporation, Notice of Apparent Liability for Forfeiture and Order, 22 FCC Rcd 17282, 17285 (2007). See LUJ, Inc., 17 FCC
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  • before us the above-captioned application (the ``Application'') of Multicultural Radio Broadcasting Licensee, LLC (``MRBL'') for a minor modification of the license for Station WNYG(AM), Babylon, New York. The Application proposes to implement a change in WNYG(AM)'s community of license and seeks a six-month waiver (the ``Waiver Request'') of a provision in Note 4 to the local radio ownership rule, Section 73.3555 of the Commission's Rules (the ``Rules''). For the reasons set forth below, we grant the Waiver Request and the Application. Background. In its Application MRBL proposes to change the community of license of Station WNYG(AM) from Babylon to Medford, New York. WNYG(AM) is currently, and upon implementation of the proposed modification will remain, one of 149 radio stations in the
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  • No. BTCH-20050105ACS Request for Temporary Waiver and/or Stay Dear Counsel: We have before us an April 30, 2008, ``Request for Temporary Waiver and/or Stay'' (``Request'') filed on behalf of Nassau Broadcasting I, LLC (``Nassau''). The Request seeks a temporary waiver of the Commission's attribution rule for in-market Joint Sales Agreements (``JSA'') or, in the alternative, a temporary stay of Section 73.3555 Note 2(k)(1) (``Note 2'') until the final disposition of Nassau's pending Application for Review of the Media Bureau's March 31, 2008, decision dismissing the referenced application (the ``Application''). For the reasons set forth below, we deny the Request for both waiver and stay. Background. On January 5, 2005, the parties filed the Application, which sought Commission approval for transfer of
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  • that cap, no party may have an attributable interest in more than ten applications filed in the October window. For purposes of the NCE point system, an ``attributable interest'' is defined as ``an interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards that would be cognizable under the standards in the notes to Section 73.3555.'' The rule also identifies as attributable ``an interest of an entity providing more than 33 percent of an applicant's equity and/or debt that also either (1) supplies more than 15% of the station's weekly programming, or (2) has an attributable interest pursuant to � 73.3555 in media in the same market.'' A mere employment relationship is not cognizable under the
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  • of Commission licensees. Broadcasters should also familiarize themselves with the Commission's rules relating to the television broadcast service contained in 47 C.F.R. �� 73.601 - 73.699 and 73.1001 - 73.4280. Prospective applicants must also be familiar with the rules relating to competitive bidding proceedings contained in 47 C.F.R. �� 1.2001 - 1.2112 and broadcast auctions contained in 47 C.F.R. �� 73.3555, 73.5000 - 73.5009. Prospective bidders must also be thoroughly familiar with the procedures, terms and conditions (collectively, ``terms'') contained in this public notice, the Auction 85 Comment Public Notice and the Broadcast Competitive Bidding First Report and Order, the Broadcast Competitive Bidding First Reconsideration Order the New Entrant Bidding Credit Reconsideration Order and the Noncommercial Educational Second Report and Order.
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  • qualified in all respects, we find that a grant of the above-referenced applications would serve the public interest, convenience and necessity. ACCORDINGLY, the request for continued operation of WKPV(TV), Ponce Puerto Rico, WJWN-TV, San Sebastian, Puerto Rico, and WIRS(TV), Yauco, Puerto Rico as satellites of WJPX(TV), San Juan, Puerto Rico, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, IS GRANTED. FURTHERMORE, the above-referenced applications for consent to: (1) transfer control of S&E Network, Inc., licensee of WJPX(TV), San Juan, Puerto Rico, WKPV(TV), Ponce, Puerto Rico, and WJWN-TV, San Sebastian, Puerto Rico from Carlos Barba as sole stockholder to Carlos Barba and his wife, Teresa Barba, as co-equal stockholders (File No. BTCCT-20080502AAR); and
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  • portion of the relevant contours. Applying the interim contour overlap methodology, staff review confirms that the proposed transaction would be in compliance with the numerical limits of the local radio ownership rule. In the subject market, JAC would own two FM stations and two AM stations. Staff analysis establishes that there are eight radio stations in this market. Under Section 73.3555(a)(1)(iv) of the Commission's rules, in a radio market with 14 or fewer full-power, commercial and noncommercial educational radio stations, a person may have a cognizable interest in licenses for AM or FM radio broadcast stations for not more than five commercial stations in total, and not more than three commercial stations in the same service (AM or FM), provided however,
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  • the following parties that were known to have existing combinations that are subject to the 90-day filing requirement: Cox (Atlanta, Georgia DMA and Dayton, Ohio DMA); Tribune-Review Publishing Co. (Pittsburgh, Pennsylvania DMA); Bonneville (Salt Lake City, Utah DMA); Scranton (Wilkes Barre-Scranton, Pennsylvania DMA); and Morris (Amarillo, Texas DMA and Topeka, Kansas DMA). The modified newspaper/broadcast cross-ownership rule (47 C.F.R. � 73.3555(d)) was published in the Federal Register on February 21, 2008 and became effective on July 9, 2008. Therefore, the deadline for filing requests for permanent waivers or amendments to waiver requests or renewal applications is October 7, 2008. The Media Parties state that the factors considered in the Quadrennial Review Order that they must address in the 90-day filings are
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  • the assignment on September 1, 2007. FLAIM requests the Commission to reconsider its grant of the Applications and rescind its consent to the assignments. FLAIM describes itself as an unincorporated association of individuals who reside and work in the Ithaca, New York, market. The essence of FLAIM's Petition is that - although Saga complies with the station limits in Section 73.3555(a)(1) of the Commission's Rules (the ``Local Radio Ownership Rule'') - Saga's operation of five stations in the Ithaca market would result in an undue concentration of ownership that will impede viewpoint diversity, particularly with respect to news coverage. FLAIM argues that the Commission's staff inappropriately evaluated the Applications by applying the ``bright line'' test for multiple ownership analysis established in
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  • 314, � II, Item 3. Assignment Application, Exhibit 4. MSG and Mejia cite to In re LUJ, Inc. and Long Nine, Inc., Memorandum Opinion and Order, 17 FCC Rcd 16980 (2002) (``LUJ, Inc.''), to support their decision to redact certain proprietary information which they deemed not to be germane to the Commission's consideration of the Application. See 47 C.F.R. � 73.3555(a). In considering a Section 73.3555(a) waiver request for another transaction, the Commission recently noted that Madifide's principal, Jesus M. Soto, has attributable interests in 13 radio stations in Puerto Rico, thus exceeding the limits imposed for a local radio market of its size. See Arso Radio Corp., Memorandum Opinion and Order, 22 FCC Rcd 2549 (MB 2007). Mr. Soto's current
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  • This is in reference to the above-captioned applications for the assignment of five television station licenses and one radio station license to various wholly-owned subsidiaries of London Broadcasting Company (``London''). As part of this transaction, KWES License Company, LLC (hereinafter ``London Subsidiary''), the proposed assignee of KWAB-TV, Big Spring, Texas and KWES-TV, Odessa, Texas, requests continued authority pursuant to Section 73.3555, Note 5 of the Commission's rules, to operate KWAB-TV as a satellite of KWES-TV. The stations have Grade B overlap and are located within the Odessa-Midland, Texas, DMA. In Television Satellite Stations, the Commission established the requirement that all applicants seeking to transfer or assign satellite stations justify continued satellite status by demonstrating compliance with a three-part "presumptive" satellite exemption
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  • Washington, DC 20006-1809 Re: Assignment of License for KNIN-TV, Caldwell, ID Facility ID No. 59363 File No. BALCT-20080701AEB Dear Counsel: This is in reference to the application for consent to assign the license for KNIN-TV, Channel 9 (CW), Caldwell, Idaho, from Banks-Boise, Inc. (Banks-Boise) to Journal Broadcast Corporation (Journal). The application is unopposed. The application requests a waiver of Section 73.3555(b)(2) of the Commission's rules, the television duopoly rule, to permit Journal, licensee of KIVI(TV), Channel 6 (ABC), Nampa, Idaho, to acquire KNIN. Both KNIN and KIVI are in the same 113th-ranked Boise Nielsen Designated Market Area (DMA), and their Grade B signal contours overlap. Under Section 73.3555(b)(2) of the Commission's rules currently in effect, two television stations licensed in the
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  • concur with Vernal's assessment that permitting Forever to benefit immediately from this market definition change would undermine the safeguards that the Commission specifically established to protect the reliability of an Arbitron Metro-based methodology. In light of the above finding, we must then determine when Forever may rely on the cancellation of the Johnstown Arbitron Metro to establish compliance with Section 73.3555(a) of the Commission's Rules. Based on the totality of circumstances, we find that a two-year waiting period began on October 2, 2007 -- the date that Arbitron issued the Cancellation Notice. Thus, Forever may not rely on the Johnstown Arbitron Metro market cancellation at this time to demonstrate that its proposed acquisition of the Stations would comply with the local
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  • Mission will also hold reciprocal loan guarantees. Draft copies of the JSA and SSA have been submitted along with the assignment application. Petition to Deny Station KFTA-TV Assignment Application. Ft. Smith 46 argues that the agreements between Nexstar and Mission demonstrate that Mission will not be independent, and, therefore, the Commission should either dismiss the instant application as violating Section 73.3555(b) of the Commission's rules, or designate the application for hearing. Ft. Smith 46 states, in particular, that the ``closely intertwined relationship between Nexstar and Mission goes far beyond the confines of a traditional'' JSA, and is similar to previous arrangements the Commission determined implicated the local television ownership rule. According to its interpretation of the JSA, Mission will sell all
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  • Florida, File No. BRCT-20040101AQF. An informal objection, petition to deny and/or motion to dismiss was filed against each of the applications. For the reasons stated below, we dismiss the informal objection, petitions to deny and motions to dismiss and grant the renewal applications. In each application, Media General requested a waiver of the newspaper/broadcast cross-ownership (``NBCO'') rule, 47 C.F.R. � 73.3555(d)(3), to permit the continued joint ownership of the relevant television station and a local daily newspaper in the same designated market area (DMA). In each case, these waivers were opposed. This issue, however, has been rendered moot by the Commission's 2007Ownership Order. In that Order, the Commission granted permanent waivers to Media General in each of the four DMAs at
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  • WCSC, Inc., licensee of WCSC-TV, Charleston, South Carolina, and WBTV, Inc., licensee of WBTV(TV), Charlotte, North Carolina, from Lincoln Financial Media Company to Raycom Holdings, LLC (``Raycom''), an indirect subsidiary of Raycom Media, Inc. Grant of the transfer of WWBT(TV) would create a television duopoly in the Richmond-Petersburg, Virginia Designated Market Area (``Richmond DMA'') that is not permissible under Section 73.3555(b) of the Commission's rules (the ``local television ownership rule''). Accordingly, Raycom has requested a temporary six-month waiver following consummation of the instant transaction to come into compliance with this rule. We grant the requested waiver and the applications, subject to the conditions set forth below. 2. Multiple Ownership Waiver. Under the local television ownership rule, a party may own two
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  • of the Renewal Applications or designation of the Renewal Applications for hearing. On September 27, 2006, the staff denied the Objection and granted the Renewal Applications (``Staff Ruling''). In its Objection, WJZD alleged that: (1) the Licensee ``engineered'' an unauthorized transfer of control of its station WQYZ(FM), Ocean Springs, Mississippi; (2) the Licensee ``may have been in violation'' of Section 73.3555 of the Commission's Rules (the ``Rules''); (3) the Renewal Applications should have been denied or designated for hearing because the Licensee ``is a recidivist violator of Section 1464'' of Title 18 of the United States Code due to its continued broadcast of indecent material; and (4) the Licensee lacked the qualifications to be a licensee based on misrepresentation and lack
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  • Division, Media Bureau: introduction The Commission, by the Chief, Video Division, pursuant to delegated authority, has before it an application for consent to assign the license for Station WVFX(TV), Clarksburg, West Virginia, from Davis Television Clarksburg, LLC (``Davis'') to Withers Broadcasting Company of Clarksburg, LLC (``Withers''). In connection with the application, Withers has requested a ``failing station'' waiver of Section 73.3555(b) of the Commission's rules (``local television ownership rule''), to permit common ownership of Station WDTV(TV), Weston, West Virginia and Station WVFX(TV). On July 30, 2007, West Virginia Media Holdings, LLC (``WVMH'' or ``Petitioner'') filed a Petition to Deny. Davis and Withers filed a joint opposition on August 24, 2007. For the reasons set forth below, we deny the petition to
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  • BIA study for the Manchester, New Hampshire Metro listing 18 stations, including WWKH(FM), in the ``Home Market.'' Id., Attachment 18. Nassau would own Manchester Market Stations WJYY(FM), Concord, New Hampshire, WHOB(FM), Nashua, New Hampshire, and WNNH(GM), Henniker, New Hampshire, as well as WWKH(FM). See Broadcast Actions, Public Notice, Report No. 46168 (Feb. 8, 2006) (``Public Notice''). See 47 C.F.R. � 73.3555(a)(1)(iii). Nassau argues that, because dismissal of the captioned application occurred by the Public Notice, it is unclear why the application does not comply with the multiple ownership rules. Petition at 7. Nassau's Petition, which addresses only the impact of the Arbitron market definition change, belies this claim. In any event, this letter decision moots Nassau's first objection. See Arbitron Press
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  • Clovis Metro. Using the Clovis Metro as the relevant geographic market, a staff analysis establishes that BIA currently lists 21 commercial and noncommercial educational radio stations as ``home'' to that market. Walker presently owns five stations in the Clovis Metro. Through his acquisition of KIJN-FM, Walker would own four FM and two AM stations in the Clovis Metro. Under Section 73.3555(a)(1)(iii) of the Commission's rules, in a radio market with between 15 and 29 full-power, commercial and noncommercial radio stations, a person or single entity may have a cognizable interest in licenses for AM or FM radio broadcast stations for not more than six commercial stations in total, and not more than four commercial stations in the same service (AM or
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  • that, because of the ``no deletion'' provision in Section 76.59(d) of the Commission's rules, the filing of KTKA's market modification petition also ensured continued carriage of the station during the petition's pendency, regardless as to whether KTKA's retransmission consent to Sunflower was lawful. Id. at 3. Id. at 3 & n.6. Id. at 5 & n.10, citing 47 C.F.R. � 73.3555(d). Id. at 5. Hearst-Argyle states that KTKA and Sunflower are so intertwined that the letter from the Chairman of the Douglas County Commission in support of the market modification uses the terms ``Sunflower Broadband'' and ``Sunflower Cable Television'' interchangeably. Id. at 3 & n.5, citing Modification at Ex. 25, Jan. 10, 1999 Letter from Bob Johnson, Chairman, Douglas County Commission.
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  • VA 22209 Re: KPXJ(TV), Minden, Louisiana, ID No. 81507 Application for Assignment of License File No. BALCT-20081230AFW Dear Counsel: This is in reference to the application for consent to assign the license of KPXJ(TV), Minden, Louisiana, Channel 21 (CW), from Minden Television Company (``Minden'') to KTBS, Inc. (``KTBS''). The application is unopposed. The applicants have requested a waiver of Section 73.3555(b)(2) of the Commission's Rules, the local television multiple ownership rule or duopoly rule. KPXJ(TV) is assigned to the Shreveport, Louisiana Designated Market Area (``DMA'') and KTBS is the licensee of station KTBS-TV, Shreveport. For the reasons stated below, we grant the requested waiver and grant the application. Background. Under Section 73.3555(b)(2) of the Commission's Rules currently in effect, two full-power
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  • establish that the auction applicant will have both de facto and de jure control of the entity); and Section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application). An applicant seeking to qualify for a new entrant bidding credit under the ``eligible entity'' provisions of Section 73.3555 must also provide information establishing its status in its long-form application. The Commission generally attributes the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status. Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes
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  • including oral agreements, that establish that the auction applicant will have both de factoand de jurecontrol of the entity);31and Section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application).32 30.An applicant seekingto qualify for a new entrant bidding credit under the "eligible entity" provisions of Section 73.3555 must also provide information establishing its status in its long-form application.33The Commission generally attributes the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status.34Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes of determining
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  • or material questions of fact that would require denial of the applications, resolution in a hearing, or imposition of the requested condition. 16. In the Ownership Order, the Commission adopted a new, geography-based definition of radio markets based on Arbitron Metros as reported by BIA. This new market definition is used to determine compliance with the numerical limits under Section 73.3555(a) of the Commission's Rules (``Rules'') in Arbitron-rated markets. When the Commission adopted its bright-line, geography-based radio rule for rated markets, it concluded that ``[b]y applying the numerical limits of the local radio ownership rule to a more rational market definition, we believe that, in virtually all cases, the rule will protect against excessive concentration levels in local radio markets that
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  • Holdco''). The applications have been filed pursuant to a Chapter 11 joint plan for reorganization, which the United States Bankruptcy Court for the Southern District of New York (the ``Bankruptcy Court'') approved on December 3, 2009. In connection with the applications, Media Holdco has requested four continuing satellite exemptions to the television ownership rule pursuant to Note 5 of Section 73.3555. For the reasons set forth below, we grant the applications. BACKGROUND On May 19, 2009, ION Media Networks, Inc. (``ION''), and certain of its wholly owned subsidiaries, filed for Chapter 11 bankruptcy with the Bankruptcy Court. On June 5, 2009, the Commission granted FCC Form 316 applications seeking consent to assign certain licenses from ION subsidiaries to such subsidiaries as
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  • for the Station ARE HEREBY CANCELLED and the call signs DELETED, and the above-referenced STA requests, and applications for assignment of license, modification of construction permit and extension of time to construct the digital television station ARE DISMISSED as moot. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau cc: Mark Prak, Esq. See File No. BLSTA-20070308ABE. See 47 C.F.R. �73.3555(b) (2002) and File No. BALCT-20070802ADK. Shortly thereafter, ETC filed an application for modification of its digital construction permit to collocate WYLE-DT with WHDF(DT)'s transmission site. See File No. BMPCDT-20070920ABE. 47 U.S.C. � 312(g). 47 U.S.C. � 153(6). See A-O Broadcasting Corporation, 23 FCC Rcd 603, 609 (2008), citing Carlos J. Lastra, Trustee, Memorandum Opinion and Order, 16 FCC Rcd 17268
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  • 59363 File No. BALCT-20080701AEB Dear Counsel: This is in reference to the ``Joint Petition for Clarification of the Record and Reconsideration'' of the November 10, 2008 dismissal of the above-captioned application for consent to assign the license for KNIN-TV, Channel 9 (CW), Caldwell, Idaho, from Banks-Boise, Inc. (Banks-Boise) to Journal Broadcast Corporation (Journal). The application requested a waiver of Section 73.3555(b)(2) of the Commission's rules, the television duopoly rule, to permit Journal, licensee of KIVI(TV), Channel 6 (ABC), Nampa, Idaho, to acquire KNIN. Background Under Section 73.3555(b)(2) of the Commission's rules currently in effect, two television stations licensed in the same DMA that have Grade B overlap may be commonly owned if: (i) at least one of the stations is not
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  • equity and debt interests, in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non-voting. In the Diversity Order, the Commission recently relaxed the equity/debt plus (``EDP'') attribution standard, to allow for higher investment opportunities in entities meeting the definition of ``eligible entities.'' An ``eligible entity'' is defined in Section 73.3555, Note 2(i) of the Rules. Pursuant to the Diversity Order, the Commission will now allow the holder of an equity or debt interest in the applicant to exceed the above-noted 33 percent threshold without triggering attribution provided (1) the combined equity and debt in the ``eligible entity'' is less than 50 percent; or (2) the total debt in the ``eligible
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  • based upon ownership or positional changes occurring after the short-form filing deadline. SeeLiberty Productions, a Limited Partnership, Memorandum Opinion and Order, FCC 01-129, 16 FCC Rcd 12061, stay denied, 16 FCC Rcd 18966 (2001), aff'd sub nom, Biltmore Forest Broadcasting FM, Inc. v. F.C.C., 321 F.3d 155 (D.C. Cir.), cert. denied, 540 U.S. 981 (2003) ("Liberty Productions"). 75See47 C.F.R. � 73.3555 Note 2. 76See Clarification of Commission Policies Regarding Spousal Attribution, Memorandum Opinion and Order, FCC 92-60, 7 FCC Rcd 1920 (1992). 4463 Federal Communications Commission DA 09-810 notethat the mass media attribution rules were revised in 1999.77 50.Bidders are also reminded that, by the New Entrant Bidding Credit Reconsideration Order, the Commission further refined the eligibility standards for the New
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  • convenience and necessity. ACCORDINGLY, the requests of New Young Broadcasting Holding, Inc. for the continued operation of WCDC-TV, Adams, Massachusetts, as a satellite of WTEN(TV), Albany, New York, and the continued operation of KDLO-TV, Florence, South Dakota, and KPLO-TV, Reliance, South Dakota, as satellites of KELO-TV, Sioux Falls, South Dakota, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, ARE GRANTED. FURTHERMORE, the above-referenced applications for consent to assign the licenses for WCDC-TV, Adams, Massachusetts, WTEN(TV), Albany, New York, KWQC-TV, Davenport, Iowa, KDLO-TV, Florence, South Dakota, WBAY-TV, Green Bay, Wisconsin, WATE-TV, Knoxville, Tennessee, KLFY-TV, Lafayette, Louisiana, WLNS-TV, Lansing, Michigan, WKRN-TV, Nashville, Tennessee, WIRC-TV, Petersburg, Virginia, KCLO-TV, Rapid City, South Dakota, KPLO-TV, Reliance, South
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  • 10-1100 Released: June 22, 2010 Estes Broadcasting, Inc. c/o Howard M. Weiss, Esq. Fletcher, Heald & Hildreth, P.L.C. 1300 North 17th Street 11th Floor Arlington, Virginia 22209 KCEB License Company, LLC c/o Kathleen Kirby, Esq. Wiley, Rein & Fielding 1776 K Street, N.W. Washington, DC 20006 Re: KCEB(TV), Longview, Texas Application for Assignment of License Request for Waiver of Section 73.3555(b) File No. BALCDT-20091130AFO Facility ID No. 83913 Dear Licensees: This is in reference to the above-referenced application for consent to assign the license for KCEB(TV), Longview, Texas, from Estes Broadcasting, Inc. to KCEB License Company, LLC, a wholly owned subsidiary of London Broadcasting Company (``London''). The application is unopposed. The applicants have requested a ``failing station'' waiver of the Commission's
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  • de jure control of the entity or the presence or absence of impermissible or attributable material relationships); and section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application). An applicant seeking to qualify for a new entrant bidding credit under the ``eligible entity'' provisions of section 73.3555 must also provide information establishing its status in its long-form application. The Commission generally attributes the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status. Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes
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  • de facto and de jurecontrol of the entity or the presence or absence of impermissible or attributable material relationships);35and section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application).36 26.An applicant seekingto qualify for a new entrant bidding credit under the "eligible entity" provisions of section 73.3555 must also provide information establishing its status in its long-form application.37The Commission generally attributes the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status.38Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes of determining
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  • at 3022. A-O Broadcasting Corporation, 23 FCC Rcd 603, 609 (2008). ETC Petition for Reconsideration at p. 5. Because WTL is commonly owned with the licensee of WHDF(TV), Florence, Alabama, and there are less than eight independently owned and operating television stations licensed to the Huntsville-Decatur, Alabama DMA, the parties filed a failed station duopoly waiver request. See 47 C.F.R. �73.3555(b) (2002) and FCC File No. BALCT-20070802ADK. Shortly thereafter, ETC filed an application for modification of its digital construction permit to collocate WYLE-DT with WHDF(DT)'s transmission site. FCC File No. BMPCDT-20070920ABE. FCC File No. BALCT-20070802ADK, Attachment 11, Asset Purchase Agreement, Article 1.4. In addition to A-O Broadcasting, the Division cited to Carlos J. Lastra, Trustee, Memorandum Opinion and Order, 16 FCC
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  • No. BALCT-20091229ACZ , from Johnson Broadcasting of Dallas, Inc., Debtor-in-Possession, to Una Vez Mas Texas Holdings LLC, ARE GRANTED. Sincerely, Barbara A. Kreisman Chief, Video Division Media Bureau File No. BALCT-20091229ACT. File No. BALCT-20091229ACZ. Johnson Broadcasting, Inc., Debtor-in-Possession and Johnson Broadcasting of Dallas, Inc., Debtor-in-Possession will be collectively referred to as ``Johnson.'' UVM Opposition, Attachment 1. See 47 C.F.R. � 73.3555, Note 2(i)(2)(i). SBS Petition to Deny at 4. Fox Television Stations., 11 FCC Rcd 5714, 5719 (1995) (concluding that debt interest at issue in determining compliance with foreign ownership benchmark was more properly characterized as equity capital contribution.) Fox II, 11 FCC Rcd at 5720. Citing, e.g., Network Affiliate Stations Alliance (NASA) Petition for Inquiry into Network Practices and Motion
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  • debt interests, in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non-voting. In the Diversity Order, the Commission relaxed the equity/debt plus (``EDP'') attribution standard, to allow for higher investment opportunities in entities meeting the definition of ``eligible entities.'' An ``eligible entity'' is defined in Note 2(i) of section 73.3555. Pursuant to the Diversity Order, the Commission will now allow the holder of an equity or debt interest in the applicant to exceed the above-noted 33 percent threshold without triggering attribution provided (1) the combined equity and debt in the ``eligible entity'' is less than 50 percent; or (2) the total debt in the ``eligible entity'' does not exceed 80
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  • in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non- voting.83 58. In the Diversity Order, the Commission relaxed the equity/debt plus ("EDP") attribution standard, to allow for higher investment opportunities in entities meeting the definition of "eligible entities."84 An "eligible entity" is defined in Note 2(i) of section 73.3555.85 Pursuant to the Diversity 79 If, for example, on December 15, 2010, a digital broadcast television applicant in Auction 90 has a pending or granted application to assign or transfer control of a media interest, the applicant will not avoid attribution with respect to that interest. To avoid attribution, an applicant must have consummated the transaction by the short-form application
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  • in reference to the application for consent to assign the license of KEYU(TV), Borger, Texas, channel 31 (Univisi�n), from Borger Broadcasting, Inc., Debtor in Possession (``Borger'') to Midessa Broadcasting, L.P. (``Midessa''), which shares common ownership with Panhandle Telecasting LP, (``Panhandle'') the licensee of television station KFDA-TV, Amarillo, Texas. The application is unopposed. The applicants have requested a waiver of Section 73.3555(b)(2) of the Commission's Rules, the local television multiple ownership rule or duopoly rule. Stations KEYU(TV) and KFDA-TV are both assigned to the Amarillo, Texas Designated Market Area (``DMA'') and the stations have noise limited contour overlap. For the reasons stated below, we grant the requested waiver and grant the application. Background. Under Section 73.3555(b)(2) of the Commission's Rules currently in
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  • common geographic area. See 47 U.S.C � 338 (k) (signal carriage rights) and 17 U.S.C. � 122 (j) (copyright). See 47 U.S.C. � 534 (a broadcast station's local market shall be determined by the Commission by regulation or order). See also 47 C.F.R. � 76.55 (e). See, e.g., 47 C.F.R. �� 76.56 & 76.64 (signal carriage obligations), 47 C.F.R. � 73.3555 (multiple ownership). Section 614(h)(1)(C)(i) of the Communications Act of 1934, as amended, provides in relevant part: ``Following a written request, the Commission may, with respect to a particular television broadcast station, include additional communities within its television market or exclude communities from such station's television market...'' See 47 U.S.C. � 534(h)(1)(C)(i). The authority to modify markets for broadcast television stations
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  • debt interests, in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non-voting. In the Diversity Order, the Commission relaxed the equity/debt plus (``EDP'') attribution standard, to allow for higher investment opportunities in entities meeting the definition of ``eligible entities.'' An ``eligible entity'' is defined in Note 2(i) of section 73.3555. Pursuant to the Diversity Order, the Commission will now allow the holder of an equity or debt interest in the applicant to exceed the above-noted 33 percent threshold without triggering attribution provided (1) the combined equity and debt in the ``eligible entity'' is less than 50 percent; or (2) the total debt in the ``eligible entity'' does not exceed 80
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2253A1_Rcd.pdf
  • in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non- voting.86 61. In the Diversity Order, the Commission relaxed the equity/debt plus ("EDP") attribution standard, to allow for higher investment opportunities in entities meeting the definition of "eligible entities."87 An "eligible entity" is defined in Note 2(i) of section 73.3555.88 Pursuant to the Diversity Order, the Commission will now allow the holder of an equity or debt interest in the applicant to exceed the above-noted 33 percent threshold without triggering attribution provided (1) the combined equity and debt in the "eligible entity" is less than 50 percent; or (2) the total debt in the "eligible entity" does not 82 47
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  • are licensed to communities located outside Arbitron Metros. The Commission has specified that, for purposes of the local radio ownership rule, the local markets of these stations are defined using the interim, contour-overlap methodology. Id. Based on application of this methodology here, we analyzed an additional 11 radio markets for compliance with the local radio ownership rule. 47 C.F.R. � 73.3555(a)(1). See 2002 Biennial Review Order, 18 FCC Rcd at 13807-10. See also Prometheus Radio Project, et al. v. FCC, No. 03-3388 (3d Cir. Sept. 3, 2003) (granting motion for stay of effective date of new rules), stay modified on reh'g, No. 03-3388 (3d Cir. Sept. 3, 2004). The licenses to be divested to the Trust are those for WWHQ(FM), Meredith,
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  • authority, has before it the unopposed applications listed in the attached Appendix seeking consent to transfer control of licensee subsidiaries of NVT License Holdings, LLC (``NVT'') from HBK NV LLC (``HBK'') to C. Thomas McMillen (``McMillen''). In connection with the applications, McMillen has requested three continuing satellite exemptions to the television multiple ownership rule pursuant to Note 5 of Section 73.3555. For the reasons set forth below, we grant the applications and the requested satellite exemptions. II. BACKGROUND. On September 28, 2009, the Commission approved the set of applications by which NVT emerged from Chapter 11 bankruptcy. Currently, NVT, has two classes of membership units: Class A Units (voting) and Class B Units. Class B members (other than those who are
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  • further conclude that IBLT's allegations - both individually and collectively -- fail to raise a substantial and material question of fact as to whether grant of the above-captioned license renewal application would serve the public interest. II. PETITION TO DENY 6. Ownership Allegations. IBLT states that when KGAN acquired KGAN-TV, it sought a waiver of the Commission's duopoly rule, Section 73.3555(b), in order to permit common ownership of that station and KDSM-TV, Des Moines, Iowa, licensed to KDSM Licensee LLC. Both KGAN and KDSM-TV are licensed to subsidiaries of Sinclair Broadcast Group, Inc. (``Sinclair''). IBLT states that in seeking the waiver, Sinclair promised the Commission that KGAN would not share staff with KSDM and the waiver was subsequently granted. However, it
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  • 21705-0113. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau A ``time brokerage agreement,'' also referred to as a ``local marketing agreement,'' refers to an agreement for the sale by a licensee of a discrete block of time to a third-party, a ``broker,'' that supplies programming to fill the time and sells commercial announcements in it. See 47 C.F.R. � 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8140, 8141 � 10 (1995), vacated in part on other grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998). See 47 C.F.R. � 73.1125. See 47 U.S.C. � 503(b). See FCC Broadcast Inspection Summary Report Station WMFN(AM), dated April 11, 2005, at 1.
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  • 10 East 4th Street, Frederick, MD 21705-0113. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau A ``time brokerage,'' also referred to as ``local marketing,'' refers to the sale by a licensee of a discrete block of time to a third-party, a ``broker,'' that supplies programming to fill the time and sells commercial announcements in it. See 47 C.F.R. � 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8140, 8141 � 10 (1995), vacated in part on other grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998). See 47 C.F.R. � 73.1206. See 47 U.S.C. � 503(b). See FCC Broadcast Inspection Summary Report Station WMJH(AM), dated April 12, 2005, at 2.
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  • find that a grant of the above-referenced applications would serve the public interest, convenience and necessity. ACCORDINGLY, the request of America-CV Station Group, Inc. for continued operation of WKPV(TV), Ponce Puerto Rico, WJWN-TV, San Sebastian, Puerto Rico, and WIRS(TV), Yauco, Puerto Rico as satellites of WJPX(TV), San Juan, Puerto Rico, pursuant to the satellite exception to the duopoly rule, Section 73.3555, Note 5, of the Commission's rules, IS GRANTED. FURTHERMORE, the above-referenced applications for consent to: (1) assign the licenses for WJPX(TV), San Juan, WKPV-TV, Ponce, and WJWN-TV, San Sebastian, all in Puerto Rico, from S&E Network, Inc. to America-CV Station Group, Inc. (File No. BALCDT-20091123AKM); and (2) assign the license for WIRS-TV, Yauco, Puerto Rico, from CaribeVision Station Group, LLC
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  • of control on the part of Eagle Creek. With respect to the cooperative agreements themselves, the Commission's attribution rules seek to identify those interests that confer a degree ``of influence or control such that the holders have a realistic potential to affect the programming decisions of licensees or other core operating functions.'' The interests triggering attribution are defined in Section 73.3555 Note 2 of the Commission's rules and in Commission precedent. We find that the arrangement between Eagle Creek and Evening Post is consistent with those approved in the past. The newscasts provided pursuant to the SSA are limited to 15% of weekly programming, and thus do not exceed the attribution benchmark for LMAs established in the 1999 Attribution Order. The
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  • debt interests, in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non-voting. In the Diversity Order, the Commission relaxed the equity/debt plus (``EDP'') attribution standard, to allow for higher investment opportunities in entities meeting the definition of ``eligible entities.'' An ``eligible entity'' is defined in Note 2(i) of section 73.3555. Pursuant to the Diversity Order, the Commission will now allow the holder of an equity or debt interest in the applicant to exceed the above-noted 33 percent threshold without triggering attribution provided (1) the combined equity and debt in the ``eligible entity'' is less than 50 percent; or (2) the total debt in the ``eligible entity'' does not exceed 80
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  • (ABC), Wausau, Wisconsin (``WAOW(TV)''). WBIJ(TV) and WAOW(TV) have noise-limited overlap and are located within the Wausau-Rhinelander, Wisconsin Designated Market Area (``Wausau DMA''). To permit common ownership of WBIJ(TV) and WAOW(TV), WAOW-WYOW Television proposes to operate WBIJ(TV), which is currently a full-service station, as a satellite of WAOW(TV), and requests grant of its assignment application pursuant to Note 5 of Section 73.3555 of the Commission's rules, which exempts satellite stations from the duopoly prohibition. BACKGROUND In Television Satellite Stations, the Commission adopted ``a presumption that TV satellite operations are in the public interest if individual applicants can satisfy certain public interest criteria.'' The presumptive satellite exemption to the duopoly rule is therefore met if the following three public interest criteria are satisfied:
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  • of agreements between the licensee of stations KHNL(TV) and KFVE(TV), Honolulu, HI, a wholly owned subsidiary of Raycom Media, Inc. (collectively ``Raycom''), and HITV License Subsidiary, Inc. (``HITV''), licensee of station KGMB(TV), Honolulu, Hawaii, would result in an unauthorized transfer of control of station KGMB(TV) to Raycom, in violation of section 310(d) of the Communications Act of 1934 and section 73.3555(b) of the Commission's rules. On October 30, 2009, Media Council filed a letter requesting that the staff alter the ex parte status of the complaint proceeding from restricted to permit-but-disclose. On November 9, 2009, counsel for HITV filed an opposition to the request, contending that Media Council has failed ``to describe what relevant contribution unspecified members of the public or
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  • Opposition on February 1, 2010, to which ROI replied on February 2, 2010. Eleven radio stations serve the Ithaca Metro. Saga is licensee of: WHCU(AM), WNYY(AM), WYXL(FM), WQNY(FM), Ithaca, and WHII(FM), Courtland, New York; and FM translator stations W277BS, W240CB, W254BF, and W262AD, Ithaca. See Broadcast Actions, Public Notice, Report No. 47165 (rel. Feb. 3, 2010). See 47 C.F.R. � 73.3555. See n.18, infra. 47 C.F.R. �� 73.3587, 1.102(b)(1), and 1.4. See, e.g., Richard F. Swift, Esq., and Alan Stuart Graf., Esq., Letter, 24 FCC Rcd 12426, 12427 (MB 2009). See 47 C.F.R. � 1.106(c), (d); see also WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964) (``WWIZ''), aff'd sub. nom. Lorain Journal Co. v. FCC, 351 F.2d 824
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  • filed applications are listed in the Appendix to this public notice. Tribune is seeking the Commission's consent to implement its ``Joint Plan of Reorganization for Tribune Company and its Subsidiaries.'' In connection with the Applications for Consent to Assignment of Broadcast Station License (FCC Form 314), Tribune seeks waivers, to the extent necessary, of the Commission's newspaper/broadcast cross-ownership rule, Section 73.3555(d), and the local television multiple ownership rule, Section 73.3555(b), Note 5 (satellite exemption) and Note 7 (failing station waiver). Tribune's counsel has requested that this proceeding be made permit-but-disclose for ex parte purposes. In view of this and in order to assure the staff's ability to discuss and obtain information needed to resolve the issues presented expeditiously, adoption of modified
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  • � 73.1125(a). See In the Matter of the Applications of Shareholders of CBS Corporation (Transferor) and Viacom, Inc. (Transferee) for Transfer of Control of CBS Corporation and Certain Subsidiaries, 15 FCC Rcd 8230 (2000). The FCC also noted that a satellite exemption to permit WJMN-TV's operations as a satellite of WFRV-TV was no longer required pursuant to 47 C.F.R. � 73.3555(b) because the stations are licensed to separate Designated Market Areas (``DMAs''). See 15 FCC Rcd at 8243. Request for Continuing Waiver of Main Studio Rule for WJMN-TV, Escanaba, Michigan, Memorandum Opinion and Order, 22 FCC Rcd 6794 (2007). (April 7, 2011). Request for Continuing Waiver of Main Studio Rule for WJMN-TV Escanaba, Michigan, Memorandum Opinion and Order, 22 FCC Rcd
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  • to Petition to Deny'' (``2010 Citadel Opposition'' and ``2010 Trust Opposition,'' respectively), to which Petitioners filed a joint reply on October 6, 2010. See Existing Shareholders of Citadel Broadcasting Corp., and of The Walt Disney Co., etc. for Consent to Transfers of Control, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 7083 (2007). 47 C.F.R. � 73.3555. See Citadel Broadcasting Company, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 7083 (2007) (the ``Citadel Divestiture Trust Order''). See File No. BALH-20060228ALE-ALO at Attachment 4. See id.; 2006 Trust Agreement at Section 4(d)(ii). File No. BPH-20070119AEM. See File No. BPH-20070413AFJ. See File No. BPH-20070119AEM, as amended, on April 13, 2007. See Broadcast Actions, Public Notice,
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  • a relaxation of the ``equity-debt plus'' (``EDP'') rule for eligible entities in both the sales context and the auction context. See Diversity Order, 23 FCC Rcd at 5931-37 (modification of EDP rule, so to provide higher investment limits in eligible entities without triggering attribution consequences), 5944-45 (transfers of grandfathered radio station combinations involving eligible entities). See also 47 C.F.R. �� 73.3555, Note 2(i), 73.5008(c). Under any scenario, the Court Decision (including its effect on the plans or expectations of any party) does not constitute a tolling event under Section 73.3598(b) of the Commission's Rules. See 47 C.F.R. � 73.3598(b). See 47 C.F.R. �� 1.106, 1.115, 1.117. 47 C.F.R. � 73.3598(e). (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445
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  • concerns the above-referenced application for Commission consent to transfer control of Alpha Broadcasting Corporation (``Alpha''), the licensee of commercial television stations WSVI(TV), Christiansted, U.S. Virgin Islands, and WZVI(TV), Charlotte, Amalie, U.S. Virgin Islands, from Figgie Family Equity Fund Limited, L.L.C., to Atlas News and Information Services, Inc. As part of this transaction, Alpha requests continuing satellite authority, pursuant to Section 73.3555, Note 5 of the Commission's rules, to operate WZVI(TV) as a satellite of WSVI(TV). In Television Satellite Stations the Commission stated that all applicants seeking to transfer or assign satellite stations must justify continued satellite status by demonstrating compliance with a three-part "presumptive" satellite exemption standard applicable to new satellite stations. The presumptive satellite exemption is met if the following
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  • a Reply. 47 C.F.R. � 73.3566(a). See File Nos. BAL-20100517ADY, et seq. Additionally, NNB assigned FM translator station K232CB to the Receiver. The parties submitted with the Assignment Applications a copy of the Trust Agreement and related Engagement and Assignment Agreement. Allen N. Blum is the Designated Trustee. See Assignment Applications, Exhibit 5, Agreements to Assignment. See 47 C.F.R. � 73.3555(a)(1)(iii). 47 C.F.R. � 73.3555(a). See 47 C.F.R. � 73.3555(a)(1)(iii). CCR Petition at 6. Id. at 10. Receiver Opposition at 12 (citing Shareholders of AMFM, Inc., Memorandum Opinion and Order, 15 FCC Rcd 16062, 16073 (2000)) (``AMFM''). AMFM, 15 FCC Rcd at 16072 (citations omitted). Id. at 16073. Infinity Broadcasting Corporation, Memorandum Opinion and Order, 12 FCC Rcd 5012, 5041 (1996)
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  • Ithaca Community Radio, Inc., Letter, 23 FCC Rcd 12910 (MB 2008) (``Ithaca'') (rejecting petitioner's attempt to apply an alternative propagation methodology to disqualify a grantable NCE FM construction permit application based on alleged interference); WIIZ(FM), Battle Ground, IN, Letter, 10 FCC Rcd 3159, 3160 (MMB 1995) (rejecting petitioner's attempt to disqualify an assignment application that had demonstrated compliance with Section 73.3555 using standard calculation methods set forth in Section 73.313, holding that requiring applicants with conforming applications to defend applications against alternative prediction methodologies would result in unreasonable delay to the applicants and unnecessary administrative burden upon the limited technological resources available to the Commission for evaluating alternative prediction studies). Minor Change R&O, 12 FCC Rcd at 12402; see also, Ithaca,
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  • of the station....'' Broadcast Actions, Public Notice, Report No. 47166 (rel. Feb. 4, 2010). See Rocking M Radio, Letter, 25 FCC Rcd 1322, n.22 (MB 2010) (``Rocking M Radio'') (citing Network Affiliated Stations Alliance (NASA) Petition for Inquiry into Network Practices and Motion for Declaratory Ruling, Declaratory Ruling, 23 FCC Rcd 13610, 13611 (2008)). Petition at 3; 47 C.F.R. � 73.3555(c). Petition at 3. Citadel Broadcasting Co., Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 7083 (2007) (``Citadel''). Existing Shareholders of Clear Channel Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 1421 (2008) (``Clear Channel''). We have reviewed the Citadel and Clear Channel provisions and find them almost identical to the provision at issue. Here, the
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  • Free Press' Comments are noted and discussed below. 16. Local Radio Ownership Rule Concerns. The CMI Subsidiaries and Citadel are direct competitors in very few markets. As a result, only six stations in four markets will be divested due to radio market overlap. As structured here and conditioned below, the proposed transaction complies with our local radio ownership rule, Section 73.3555(a)(1). In addition, the proposed transfer of control of CMI and Citadel to the new stockholders of CMI will terminate the licensees' ability to maintain certain grandfathered ownership interests that do not comply with the Commission's current multiple radio ownership rules. Eight stations in seven markets are impacted by the loss of grandfathered status. To resolve this issue, CMI and Citadel
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  • Mexico, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Virginia, Washington, West Virginia, and Wisconsin. Public Interest Statement at 18-19. Id. at 10-18. Id. at 18-20. Id. at 21-23 (citing Comcast Corp. v. FCC, 579 F.3d 1 (D.C. Cir. 2009) (overturning the Commission's 30 percent cable horizontal ownership limit); 47 C.F.R. � 76.504 (channel occupancy rule); 47 C.F.R. � 73.3555 (broadcast ownership limits); 47 C.F.R. � 21.912(a) (cable/multichannel multipoint distribution service limit); 47 C.F.R. � 76.501(d)-(e) (cable/SMATV cross ownership limit)). Application at 13-20. 47 U.S.C. � 572(b). Section 652(a) places a converse prohibition on local exchange carriers and their affiliates. 47 U.S.C. � 572(a). In addition, section 652 prohibits cable operators and LECs from entering ``into any joint venture or
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  • debt interests, in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non-voting. In the Diversity Order, the Commission relaxed the equity/debt plus (``EDP'') attribution standard, to allow for higher investment opportunities in entities meeting the definition of ``eligible entities.'' An ``eligible entity'' is defined in Note 2(i) of section 73.3555. On July 7, 2011, the United States Court of Appeals for the Third Circuit issued a decision vacating the Commission's ``eligible entity'' definition, and remanding those provisions of the Diversity Order that rely on the ``eligible entity'' definition. Consistent with the Court Decision, actions required on remand will be addressed within the Commission's 2010 Quadrennial Review of the media ownership
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  • debt interests, in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non-voting.86 61. In the Diversity Order, the Commission relaxed the equity/debt plus ("EDP") attribution standard, to allow for higher investment opportunities in entities meeting the definition of "eligible entities."87An "eligible entity" is defined in Note 2(i) of section 73.3555.88 On July 7, 2011, the United States Court of Appeals for the Third Circuit issued a decision89vacating the Commission's"eligible entity" definition, and remanding those provisions of the Diversity Order90that rely on the "eligible 83See47 C.F.R. � 73.3555 Note 2. 84See Clarification of Commission Policies Regarding Spousal Attribution, Policy Statement, FCC 92-60, 7 FCC Rcd 1920 (1992). 85See Review of the
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  • 2004). See also 47 C.F.R. �� 73.5007(a), (b) (applicant receives no bidding credit if any of an applicant's commonly owned mass media facilities serves the same area as the proposed broadcast station; AM and FM broadcast stations are considered to be in the ``same area'' if the principal community contours of the attributable and auctioned facilities overlap). 47 C.F.R. � 73.3555(a). L.T. Simes II and Raymond Simes, Letter, Ref. No. 1800B3-TSN (MB March 11, 2005) (``March 2005 Letter''). See February 2006 Letter. Id. at 3 (acknowledging that the staff inadvertently neglected to note the Friars Point overlap in the Simes Acceptance Letter). See Petition at 3. Specifically, the Simes argue that the Commission should have allowed them either to obtain a
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  • the license of digital television station KPBI(TV), Eureka Springs, Arkansas, from Riverside Media, LLC (``Riverside'') to Local TV Arkansas License, LLC (``Local TV''). KPBI(TV) is assigned to the Ft. Smith-Fayetteville-Springdale-Rogers, Arkansas Designated Market Area (``Ft. Smith DMA''). Local TV is the licensee of KFSM-TV in Ft. Smith, which serves as the CBS affiliate in the Ft. Smith DMA. Under Section 73.3555(b)(2) of the Commission's Rules, two full-power television stations licensed in the same DMA whose Grade B contours overlap may be commonly owned if: (1) at least one of the two stations is not ranked among the top four stations in the DMA; and (2) at least eight independently owned and operating, full-power commercial and noncommercial television stations would remain in
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  • the stations...do not overlap; or (i) [a]t the time of application to acquire or construct the station(s) is filed, at least one of the stations is not ranked among the top four stations in the DMA...; (ii) and [a]t least 8 independently owned and operating, full-power commercial and noncommercial TV stations would remain post-merger in the DMA...'' 47 C.F.R � 73.3555(b)(1). 47 U.S.C. � 310(d). Parties seeking to exchange call signs need not file an application. 47 C.F.R. � 73.3550 (a). Rather, two licensees can exchange call signs within the same service via the FCC's on-line call sign reservation and authorization system, which requires only certification that both licensees consent to the exchange. Id. 47 U.S.C. � 309(k)(1)(A). See WHDH, Inc.,
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  • establish that the auction applicant will have both de facto and de jure control of the entity); and section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application). An applicant seeking to qualify for a new entrant bidding credit under the ``eligible entity'' provisions of section 73.3555 must also provide information establishing its status in its long-form application. The Commission generally attributes the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status. Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes
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  • oral agreements, that establish that the auction applicant will have both de factoand de jure control of the entity);30and section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application).31 25.An applicant seekingto qualify for a new entrant bidding credit under the "eligible entity" provisions of section 73.3555 must also provide information establishing its status in its long-form application.32The Commission generally attributes the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status.33Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes of determining
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  • application or license renewal application, either an exhibit or a worksheet demonstrating compliance with the RF exposure limits is required. Radio - Newspaper Cross-Ownership. Section III, Question 8 is a new certification that neither the applicant nor any party to the application has an attributable interest in a newspaper that is subject to the cross-ownership restrictions in 47 C.F.R. � 73.3555(d). If the answer to the question is ``Yes,'' an explanatory exhibit is required. Such an exhibit will be required whether the Commission has previously approved the cross-ownership interest or the interest is one that has been acquired without Commission approval (e.g., an interest in a local daily newspaper acquired by a radio station licensee after the licensee's last license renewal
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  • to the application to assign the license of digital television station WCWF(DT), Suring, Wisconsin, from ACME Television, Inc. (``ACME'') to LIN Television of Wisconsin, LLC ( ``LIN''). WCWF(DT) is assigned to the Green Bay-Appleton, Wisconsin Designated Market Area (``DMA'') and LIN is the licensee of WLUK-TV, the FOX affiliate in Green Bay. The applicants have requested a waiver of Section 73.3555(b)(2) of the Commission's Rules, the local television multiple ownership rule or duopoly rule under the ``failing station'' waiver standard. A petition to deny the assignment was filed by Time Warner Cable Inc. (``TWC'') and oppositions were filed by LIN and ACME, with a reply filed by TWC. For the reasons stated below, we deny the petition, grant the waiver, and
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  • Volt Radio, LLC (``Volt Radio'') certain radio station licenses. Volt Radio is the trustee of four separate insulated divestiture trusts. The licenses placed in trust must be divested because (a) as a result of its transfer of control, Cumulus will lose its grandfathered status in certain markets, (b) CMP is no longer in compliance with the ownership limitations in Section 73.3555(a) of the Commission's Rules in one market because of a decrease in the number of radio stations in that market, or (c) the common ownership of the Cumulus, CMP and Citadel radio stations in certain markets would result in CMI having an attributable interest in a number of radio stations that exceeds the limits set forth in Section 73.3555(a) of
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  • Community College, Memorandum Opinion and Order, 12 FCC Rcd 12234, 12236 n.6 (1997). Petition at 15-18. Petition at 25. 47 C.F.R. � 73.503. 47 U.S.C. � 310(d); FCC Form 314, Section III, Item 2. FCC Form 340, Section II, Question 4(a). FCC Form 340, Section II, Question 4(b). Application, Exhibit 11. Petition at 21. Petition at 21, citing 47 C.F.R. 73.3555(f). Petition at 28. Id. See Declaration of Nicholas Schlossman (attached to Petition as Exhibit M). UHS Opposition at 11. Millard V. Oakley, Memorandum Opinion and Order, 45 RR 2d 661 (1979) (explaining that even if a claim of a public file violation were true, a licensee would not be disqualified without a showing of intentional misconduct); 3 Daughters Media, Inc.,
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  • do not invariably necessitate evidentiary hearing regarding a contested license assignment); see also Citizens for Jazz on WRVR v. FCC, 775 F.2d 392, 394 (D.C.Cir. 1985) (evidentiary hearing not required where no substantial and material question of fact presented). 47 C.F.R. � 1.106(c)(2). See 47 C.F.R. � 73.7003. See Comparative Consideration Order, 25 FCC Rcd at 8797-98, � 11. and 73.3555. Interests of certain entities providing more than 33 percent of the applicant's equity and/or debt are also attributable. Id.; see also Section IV, Question 2, FCC Form 340. Comparative Consideration Order, 25 FCC Rcd at 8797-98, � 11. Southwest Application, Attachment 2A. In its Opposition to Darton's Petition to Deny, Southwest provided a copy of its revised by-laws ``to corroborate
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  • in which it has alleged that an Asset Exchange Agreement and related Term Loan Note, Purchase Option Agreement, Shared Services Agreement and Studio Lease between Raycom Media, Inc. (``Raycom''), controlling parent of stations KHNL(TV) and KGMB(TV), Honolulu, Hawai'i, and HITV License Subsidiary, Inc. (``HITV''), licensee of station KFVE(TV), violate Section 310(d) of the Act, as amended (the ``Act''), and Section 73.3555(b) of the Commission's rules. On April 1, 2011, Raycom and HITV submitted a written response to an oral request from Commission staff for further information regarding the terms and operation of their various agreements. Raycom and HITV further requested confidential treatment of certain financial data contained in the April 1, 2011, letter. While we are mindful of the sensitive nature
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  • establish that the auction applicant will have both de facto and de jure control of the entity); and section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application). An applicant seeking to qualify for a new entrant bidding credit under the ``eligible entity'' provisions of section 73.3555 must also provide information establishing its status in its long-form application. The Commission generally attributes the media interests held by substantial investors in, or creditors of, an applicant claiming new entrant status. Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes
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  • oral agreements, that establish that the auction applicant will have both de factoand de jure control of the entity);31and section 1.2112(a) (requiring that each long-form application fully disclose ownership information and the real party or parties in interest in the applicant or application).32 28.An applicant seekingto qualify for a new entrant bidding credit under the "eligible entity" provisions of section 73.3555 must also provide information establishing its status in its long-form application.33The Commission generally attributes the media interests held by substantialinvestors in, or creditors of, an applicant claiming new entrant status.34Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes of determining its
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  • that I understand the terms of the Protective Order and acknowledge, in particular, that I understand that unauthorized disclosure, or the use of Confidential Information (as defined in the Protective Order) for competitive commercial or business purposes, will constitute a violation of the Protective Order. SIGNATURE: NAME PRINTED: TITLE: ADDRESS: REPRESENTING: EMPLOYER: DATE: MB Docket 10-104. See 47 C.F.R. � 73.3555, n, 7. (continued....) Federal Communications Commission DA 11-97____ Federal Communications Commission DA 11-97___ Federal Communications Commission DA 11-97 T � � �
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  • in BALH-20091007AAM. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Petition to Deny at (i). Radio Monroe filed an Opposition to Petition to Deny on December 1, 2009, and Holladay filed an Opposition to Petition to Deny on December 1, 2009. Opus filed a Reply to Oppositions to Petition to Deny on December 11, 2009. See 47 C.F.R. � 73.3555(a)(1)(iii). 47 C.F.R. � 73.3555(a). The EDP rule provides that the holder of an equity or debt interest in a broadcast station shall have that interest attributed to it for ownership purposes if: (1) the debt interest exceeds 33 percent of the total asset value, defined as the aggregate of all equity plus all debt, of the station; and (2) the
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  • C.F.R. �� 73.801, 73.503(d). See 47 C.F.R. �� 73.809, 73.810. See Appendix A.1. 47 C.F.R. � 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. � 73.3555(c), (e). 47 C.F.R. � 73.872(b)(3). Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2208, �� 3, 4 (2000) (``LPFM Order''). Id. at 2211-12, �� 13-14; see also 47 C.F.R. � 73.811. No stations currently exist in the LP10 class. The Commission has not opened an application filing window for the class
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  • are located. However, two of the stations that are being acquired, WCWN(TV) and WRGB(TV), are both located in the Albany-Schenectady-Troy, New York DMA (``Albany DMA''). The stations currently operate pursuant to a ``failing station'' waiver. Like all ownership waivers, that waiver must be re-evaluated in the context of a long-form application. Therefore, the applicants have requested a waiver of Section 73.3555(b)(2) of the Commission's Rules, the local television multiple ownership rule or duopoly rule under the failing station waiver standard. For the reasons stated below, we grant the waiver and grant the application. Under Section 73.3555(b)(2) of the Commission's Rules, two full-power television stations licensed in the same DMA whose Grade B contours overlap may be commonly owned if: (1) at
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  • Rcd 3989 (MMB 2001). See 47 C.F.R. �� 73.3522, 73.3573. 47 C.F.R. � 73.5005(a). See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 47 C.F.R. � 1.2107(d). 47 C.F.R. � 73.5007(a). 47 C.F.R. � 1.2112(a). 47 C.F.R. �� 73.3555, Note 2, 73.5007, 73.5008. See Form 301, Section II - Legal, Item 4: Multiple Ownership. 47 C.F.R. � 73.5008(c) (attribution of mass media interests). Id. See also Instructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II - Legal Information, paragraph B. Item 2: Parties to the Application; Equity/Debt Plus Attribution Standard. In the
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  • 16 FCC Rcd 3989 (MMB 2001). 26See47 C.F.R. �� 73.3522, 73.3573. 2747 C.F.R. � 73.5005(a). See alsoInstructions for Form 301, Application for Construction Permit for Commercial Broadcast Station, Instructions for Section II: Legal Information, paragraph G. Item 10: Auction Authorization for auction-related exhibit filing requirements. 2847 C.F.R. � 1.2107(d). 2947 C.F.R. � 73.5007(a). 3047 C.F.R. � 1.2112(a). 3147 C.F.R. �� 73.3555, Note 2, 73.5007, 73.5008. 32SeeForm 301, Section II �Legal, Item 4: Multiple Ownership. 4061 applicant claiming new entrant status.33Specifically, the attributable mass media interests held by an individual or entity with an equity and/or debt interest in an applicant are attributed to that bidder for purposes of determining its eligibility for the new entrant bidding credit, if the equity and
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  • LLC. See WOW! May 18 Ex Parte Letter, Attach. C for the post-transaction ownership chart. Applicants state that all entities identified in Attachment C are U.S. entities except for the two labeled as ``Offshore.'' Applicants affirm that for each reference on Attachment C to ``Insulated Limited Partners,'' the relevant partnership's limited partnership agreement includes the insulating provisions specified in section 73.3555, n. 2(f) of the Commissions' rules. 47 C.F.R � 73.3555, n. 2(f). Applicants state that the precise ownership interest cannot be given because two new Avista investors, Avista III and Avista Offshore III are in the process of raising funds. The size of the new funds relative to each other will not be known until shortly before the closing of
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  • 4936 File No. BALH-20090206ACE Application for Assignment of License Dear Counsel: We have before us the above-captioned application (the ``Application'') for consent to the assignment of license for station WTOK-FM (formerly WIAC-FM), San Juan, Puerto Rico (the ``Station'' or ``WTOK''), from MSG Radio, Inc. (``MSG'') to WIAC-FM, Inc. (``WFI''). The Application includes a request by WFI for waiver of Section 73.3555(a) of the Commission's Rules (the ``Rules''), which sets forth the limits on the number of stations a party may own in a local radio market (the ``Waiver Request''). We also have before us a Petition to Deny (``Petition''), filed March 18, 2009, by RAAD Broadcasting Corporation (``RAAD''). For the reasons stated below, we deny the Petition, waive Section 73.3555(a), and
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  • No. 98-35, FCC 00-191, Biennial Review Report, 15 FCC Rcd 11058, �� 5-6 (2000); Time Warner Entertainment Co. v. United States, 211 F.3d 1313, 1320 (D.C. Cir. 2000) (government responded "the promotion of diversity in ideas and speech, as well as the preservation of competition, are important governmental interests. . ."). Telecommunications Act of 1996, � 202(C)(1); 47 C.F.R. � 73.3555(e). Review of the Commission's Regulations Governing Television Broadcasting (Television Ownership Order), 14 FCC Rcd 12932-12933 (1999). 47 C.F.R. � 73.3555(d) See LINT Co., 15 FCC Rcd 18130, 18133 (2000); Shareholders of CBS Corporation, 15 FCC Rcd 8230 (2000). Shareholders of CBS Corporation, 15 FCC Rcd at 8236. Order at para. 23. (emphasis added) Order at para. 43. 47 U.S.C. �
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  • ORDER 01/23/02 (adopted 01/23/02) DA 02-156 Rules and Policies Concerning Multiple Ownership of Radio Broadcast Station in Local Markets. The Commission granted extension of time for filing comments in this proceeding until March 13; replies due April 10. MO&O 02/19/02 (adopted 02/11/02); FCC 02-38 Counterpoint Communications, Inc., and Tribune Television Company For an Extension of Time to Comply With Section 73.3555(d) of the Commission's Rules with the Acquisition of the Licensee of Station WTXX(TV), Waterbury, Connecticut. The Commission granted Tribune's request for an additional six month period within which to come into compliance with the newspaper/broadcast cross-ownership rule. MM 98-204; ORDER 02/22/02 (adopted 02/20/02); DA 02-400 Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies. On January
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  • Section 202 of the 1996 Act eliminated limits the FCC had previously placed on the number of radio stations a single entity could own nationally. It also significantly relaxed limits the FCC had placed on ownership of radio stations in a local market. On March 7, 1996, the FCC implemented these provisions of the 1996 Telecom Act by revising Section 73.3555 of our Rules (47 C.F.R. �73.3555) to eliminate the national multiple radio ownership rule and relax the local ownership rule. In March 1998, January 2001, and September 2001, we released the previous Reviews of the Radio Industry examining changes in various aspects of the commercial broadcast radio industry as a result of the implementation of these provisions of the Telecom
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  • for Areas Not) MB Docket No. 03-130 Located in an Arbitron Survey Area ) ERRATUM Released: July 30, 2003 By the Chief, Media Bureau 1. Appendix H, "Rule Changes," of the Report and Order and Notice of Proposed Rulemaking ("R&O/NPRM') in the above-captioned proceeding, FCC 03-127, released on July 2, 2003, has been revised as indicated in this Erratum. Section 73.3555(a)(2) of the Commission's rules (47 C.F.R. � 73.3555(a)(2�, which simply cross-references the definition of radio markets and the counting methodology used to determine compliance in the R&O/NPRM, has been deleted in its entirety to comply with Federal Register publication requirements. This change is not substantive in nature. The definition of a local radio market and the method for determining the
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  • 02-277 MM Docket 01-235 MM Docket 01-317 MM Docket 00-244 MB Docket No. 03-130 ERRATUM Released: July 30, 2003 By the Chief, Media Bureau 1. Appendix H, ``Rule Changes,'' of the Report and Order and Notice of Proposed Rulemaking (``R&O/NPRM'') in the above-captioned proceeding, FCC 03-127, released on July 2, 2003, has been revised as indicated in this Erratum. Section 73.3555(a)(2) of the Commission's rules (47 C.F.R. � 73.3555(a)(2)), which simply cross-references the definition of radio markets and the counting methodology used to determine compliance in the R&O/NPRM, has been deleted in its entirety to comply with Federal Register publication requirements. This change is not substantive in nature. The definition of a local radio market and the method for determining the
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  • U.S. 547 (1990), overruled, Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995); Lamprecht v. FCC, 958 F.2d 382 (D.C. Cir. 1992). For a history of the FCC's consideration of race, ethnicity, and sex in its traditional broadcast licensing decisions, see Matthew L. Spitzer, Justifying Minority Preferences in Broadcasting, 64 S. Cal. L. Rev. 293, 297-304 (1991). 47 C.F.R. � 73.3555. Amendment of Sections 73.34, 73.240, & 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, & Television Broadcast Stations, 50 F.C.C.2d 1046 (1975). Glen O. Robinson, The FCC & the First Amendment: Observations on 40 Years of Radio & Television Regulation, 52 Minn. L. Rev. 67, 119 (1967). See, e.g., Children's Television Report & Policy Statement, 50
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  • CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 03/23/2006 Actions of: FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , OSWEGO 105.5 MHZ E NY Minor change in licensed facilities Engineering Amendment filed 11/09/2004 Waiver of Note 4 of Section 73.3555 denied 3/23/2006 Application dismissed 3/23/2006 (see DA 06-644) GALAXY SYRACUSE LICENSEE LLC WTKV 24131 BPH-20031209ABV NY AM STATION APPLICATIONS FOR LICENSE TO COVER GRANTED , NEW ORLEANS 940 KHZ P LA Direct Measurement CLEAR CHANNEL BROADCASTING LICENSES, INC. WYLD 60707 BL-20050803ADR LA , TAOS 1340 KHZ P NM License to cover. DMC BROADCASTING, INC. KVOT 137840 BL-20051208AJR NM AM STATION
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  • KJLY 42895 MINN-IOWA CHRISTIAN BROADCASTING,INC MN BLUE EARTH , MN BPH-20060316AGM 104.5 MHZ E Minor change in licensed facilities. FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY APPLICATION COMMENT WTKV 24131 GALAXY SYRACUSE LICENSEE LLC NY OSWEGO , NY BPH-20031209ABV 105.5 MHZ E Minor change in licensed facilities Engineering Amendment filed 11/09/2004 Waiver of Note 4 of Section 73.3555 denied 3/23/2006 Application dismissed 3/23/2006 (see DA 06-644) Inadvertently appeared on Actions Public Notice 46201, released March 28, 2006. Official Public Notice date is March 23, 2006 (see DA 06-644). FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY ACCEPTED FOR FILING K238AF 81724 SINCLAIR TELECABLE, INC. CA SANTA ROSA , CA BPFT-20060324AFG 95.5 MHZ E Minor change in
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  • R E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY APPLICATION FOR REVIEW WTKV 24131 GALAXY SYRACUSE LICENSEE LLC NY OSWEGO , NY BPH-20031209ABV 105.5 MHZ E Minor change in licensed facilities Engineering Amendment filed 11/09/2004 Waiver of Note 4 of Section 73.3555 denied 3/23/2006 Application dismissed 3/23/2006 (see DA 06-644) Inadvertently appeared on Actions Public Notice 46201, released March 28, 2006. Official Public Notice date is March 23, 2006 (see DA 06-644). Application for Review filed 4/21/06 by ("Joint Parties") Request for Stay filed 4/21/06 by ("Joint Parties") Application for Review filed 4/24/06 by ("Galaxy") FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO
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  • the specific insulation criteria for exemption from attribution under the media ownership rules and is therefore effectively insulated from active involvement in partnership affairs.44 ---------------------- 43 See Wilner & Scheiner I, 103 F.C.C. 2d at 521-22, �� 20-21. The Commission's insulation criteria for purposes of attributing ownership and other interests in broadcast licensees are codified in Note 2(f) to Section 73.3555 of the Commission's rules, 47 C.F.R. � 73.3555, Note 2(f). 44 Id. A broadcast licensee or applicant also must include uninsulated limited partnership interests and general partnership interests in its calculation of foreign voting interests, but it may not use the multiplier to dilute these interests. . FEDERAL COMMUNICATIONS COMMISSION John V. Giusti Deputy Chief, International Bureau 19 FCC Rcd
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  • LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 02/26/2007 Actions of: FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , FORT PIERCE 95.5 MHZ E FL Minor change in licensed facilities. Engineering Amendment filed 02/01/2007 Dismissed for violating 47 CFR Section 73.3555 2/26/2007 (no letter sent) CLEAR CHANNEL BROADCASTING LICENSES, INC. WLDI 2680 BPH-20070119AEK FL FM TRANSLATOR APPLICATIONS FOR LICENSE TO COVER DISMISSED , SAND POINT 94.3 MHZ E AK License to cover. VOICE FOR CHRIST MINISTRIES, INC K232DT 139021 BLFT-20061211ACO AK , MCGRATH 94.3 MHZ E AK License to cover. VOICE FOR CHRIST MINISTRIES, INC K232DZ 139016 BLFT-20070103AEV AK FM TRANSLATOR
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ` Report No. 2824 August 6, 2007 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REFERENCE INFORMATION CENTER ------------------------------------------------------------------------ ------------------------------------------------------------------ RM NO. RULES SEC. PETITIONER DATE RECEIVED NATURE OF PETITION 11388 73.3555 Minority Media 07/12/2007 In the Matter of Petition for And Telecommunications Rulemaking of the Minority Media Council and Telecommunications Council; To Facilitate the Entry of Small (Filed By: Robert M. Sherman Businesses into Local Radio Markets Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004) ________________________________________________________________________ ___________________________________FCC PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C.
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  • local television "duopoly" rule, the local radio ownership rule, and the local radio-television cross ownership rule currently in force. The Chairman invites public comment on his proposals. Comments should be filed in MB Docket No. 06-121 by Dec. 11, 2007. -FCC- News about the Federal Communications Commission can also be found on the Commission's web site www.fcc.gov. Proposed Change � 73.3555 Multiple Ownership. (d) Daily newspaper cross-ownership rule. (1) No license for an AM, FM or TV broadcast station shall be granted to any party (including all parties under common control) if such party directly or indirectly owns, operates or controls a daily newspaper and the grant of such license will result in: (i) The predicted or measured 2 mV/m contour
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  • Limited Partnership 0002827930 WNZV879 Central NY News, Inc. 0002827937 WNTB669 Citicasters Licenses, L.P. 0002827941 WNEK351 Clear Channel Broadcasting Licenses, Inc. 0002827947 WPNU809 Jacor Broadcasting Corporation 0002829597 WPYI891 Clear Channel Communications 0002829605 WPYR723 Clear Channel Communications, Inc. 0002837200 WPQT821 AMFM Broadcasting Licenses, LLC APPENDIX C Licenses That May Be Assigned To The Aloha Station Trust, LLC Pursuant To 47 C.F.R. � 73.3555 CALL SIGN FAC. ID CITY/STATE BAL/H/CT-20070619 WZZW(AM) 506 Milton, WV ACD WISM-FM 1130 Altoona, WI AIT KLEN(FM) 5991 Cheyenne, WY AHP KRRZ(AM) 9679 Minot, ND AEY WIVT(TV) 11260 Binghamton, NY AFI WKRC-TV 11289 Cincinnati, OH AFH WXXA-TV 11970 Albany, NY AJY WDKZ(FM) 28167 Salisbury, MD ACV WLBW(FM) 28170 Fenwick Island, DE ACW WGUY(FM) 28685 Dexter, ME AFV WKEZ-FM 34351 Tavernier,
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  • we confine this description to issues pertinent to this appeal. Biltmore participated in an FCC auction for a broadcast license in Biltmore Forest, North Carolina. As part of the implementation of its mission to achieve diversification of ownership, FCC rules limit the "cognizable interest in licenses" that one person or single entity is allowed to control. See 47 C.F.R. � 73.3555. The FCC requires submission of a family media certification to determine the extent to which media interests owned by immediate family members are "subject to common influence or control." See Clarification of Commission Policies Regarding Spousal Attribution, 7 F.C.C.R. 1920, 1922-23 (1992). "Under existing policy, applicants for new construction permits and for transfers or assignments of licenses are required to
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  • is appropriate for the Commission to require broadcasters renewing their licenses to certify that their advertising contracts do not discriminate on the basis of race or ethnicity and that such contracts contain nondiscrimination clauses. As such, we will amend Form 303-S to require broadcasters to make such a certification. In addition, Appendix A is revised to correct 47 C.F.R. � 73.3555, Note 2(i) and 47 C.F.R. � 73.5008. 47 CFR Part 73 is amended as follows: 1. Amend � 73.3555, Note 2(i) to read as follows: , Note 2(i) * * * * * (i)(1) Notwithstanding paragraphs (e) and (f) of this Note, the holder of an equity or debt interest or interests in a broadcast licensee, cable television system, daily
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  • and Online Video Distribution.'' The term ``Attributable Interest'' means: (1) for Cable Systems, any interest that is cognizable or attributable under Section 76.501 of the Commission's Rules; (2) for Non-Broadcast Programming Networks, any interest that is cognizable or attributable under Section 76.1000(b) of the Commission's Rules; (3) for Broadcast Television Stations, any interest that is cognizable or attributable under Section 73.3555 of the Commission's Rules. The term ``Broadcast Affiliate'' means any Broadcast Television Station having any contract, arrangement, or understanding, express or implied, with a broadcast television network, except a station licensed to be owned and operated by a broadcast television network or its Subsidiary. The term ``Broadcast Programming'' refers to television broadcasts distributed free over the air or pursuant to
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  • and Online Video Distribution.'' The term ``Attributable Interest'' means: (1) for Cable Systems, any interest that is cognizable or attributable under Section 76.501 of the Commission's Rules; (2) for Non-Broadcast Programming Networks, any interest that is cognizable or attributable under Section 76.1000(b) of the Commission's Rules; (3) for Broadcast Television Stations, any interest that is cognizable or attributable under Section 73.3555 of the Commission's Rules. The term ``Broadband Access Service'' means the provision to end users of high-speed (more than 768 Kbps) connectivity to the Internet by any means, including, for instance, hybrid fiber-coaxial, optical fiber or coaxial cable, xDSL, satellite systems, fixed or mobile wireless services, ultra-high frequency microwave (sometimes referred to as ``LMDS''), or multichannel multipoint distribution services (``MMDS'').
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  • 76 Administrative Decisions 2002 Biennial Regulatory Review, 18 FCC Rcd 13620 (2003)...............................................................................10, 11, 12, 14, 17, 22, 25, 34, 38, 44, 49, 69, 70, 77, 84, 92, 93, 94, 95 2006 Quadrennial Regulatory Review, DA 10-1181 (released June 29, 2010)......................................................................66 2010 Quadrennial Regulatory Review � Review of the Commission's Broadcast Ownership Rules, FCC 10-92 (May 25, 2010)..........................................................................26 Amendment of Section 73.3555 (formerly 73.35, 73.240, and 73.636) of the Commission's Rules Relating to Multiple Ownership of AM, FM and Television Broadcast Stations, 100 F.C.C.2d 74 (1984).........................................7 Case: 08-3078 Document: 003110223746 Page: 7 Date Filed: 07/21/2010 Page vii Amendment of Section 73.3555 of the Commission's Rules, 4 FCC Rcd 1741 (1989).............................................................8 Amendment of Sections 3.35, 3.240 and 3.636 of the Rules and Regulations
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  • By another measure, the number of radio journalists declined from more than 0.08 per 100,000 people in 1982 to less than 0.04 per 100,000 people in 2008. ROBERT W. MCCHESNEY & JOHN NICHOLS, THE DEATH AND LIFE OF AMERICAN JOURNALISM: THE MEDIA REVOLUTION THAT WILL BEGIN THE WORLD AGAIN 256, Appendix 3 (Nation Books) (2010). 42 See Amendment of Section 73.3555, First Report and Order, 4 FCC Rcd 1723 (1989) (relaxing the "radio duopoly" rule), and Revision of Radio Rules and Policies, Report and Order, 7 FCC Rcd 2755 (1992)(increasing national and local ownership limits). 43 Lydia Polgreen, The Death of Local Radio, WASH. MONTHLY (Apr. 1999). See also STERLING & KITTROSS, STAY TUNED at 669. 44 TASNEEM CHIPTY, CRA INT'L
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  • our multiple ownership rules. C. Satellite Waivers We next consider the proposal of Viacom to continue operating stations KCCO-TV, Alexandria, Minnesota, and KCCW-TV, Walker, Minnesota, as satellites of WCCO-TV, Minneapolis, Minnesota and station WJMN-TV, Escanaba, Michigan as a satellite of WFRV-TV, Green Bay, Wisconsin. Viacom requests a continuing satellite exemption of the local television multiple ownership rule, 47 CFR � 73.3555(b), with respect to WCCO-TV, KCCO-TV, and KCCW-TV, which are all located in the Minneapolis-St. Paul, Minnesota DMA. A satellite exemption is no longer required to permit common ownership of WJMN-TV and WFRV-TV pursuant to the local television multiple ownership rule, 47 CFR �73.3555(b), as they are licensed to separate DMAs. Viacom requests, instead, a waiver of the main studio rule,
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  • Letter at 8 (citing 47 C.F.R. � 20.6(d)(5)). 141Id. (citing 47 C.F.R. � 101.1003(e)(5)). 142Id. (citing BBC License Subsidiary, File Nos. BALCT-941031KF et al., Memorandum Opinion and Order, 10 FCC Rcd 10968, 10972, para. 20 n.12 (1995); GWI PCS, Inc., File Nos. 00200CWL96, Memorandum Opinion and Order, 12 FCC Rcd 6441, 6445-46, para. 10 (1997)). 143Id. (citing 47 C.F.R. � 73.3555, Note 2(b) & (f)). 144Id. (citing 47 C.F.R. � 76.501, Note 2(e)). 145AT&T May 5, 2000 Opposition at 20. See also infra Section V.B.1 (discussing "equity plus debt" attribution rules for broadcasting and cable)." 146 24 C.F.R. � 24.709(b)(7). See also Washington's Christian Television Outreach, Inc., File Nos. BPCT-5042, Memorandum Opinion and Order, 94 F.C.C.2d 1360 (1983) (establishing a rebuttable
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  • market, as well as the diversity of media outlets serving the newspaper/radio overlap area. Finally, Stafford appears to be a financially viable company with the ability to infuse needed resources into the operation of these stations and to maintain their service to Greenville. 27. Accordingly, IT IS ORDERED, That a permanent waiver of the Newspaper/radio cross-ownership rule, 47 C.F.R. Section 73.3555(d)(2), IS HEREBY GRANTED to Stafford Broadcasting, L.L.C., to permit common ownership of WPLB(AM), Greenville, Michigan, and The Daily News. 28. IT IS FURTHER ORDERED, That, having found the parties fully qualified, the application to assign the licenses of WPLB(AM), Greenville, Michigan, and WPLB-FM, Lakeview, Michigan, from Kortes Communications, Inc., to Stafford Broadcasting, L.L.C., is HEREBY GRANTED. FEDERAL COMMUNICATIONS COMMISSION Magalie
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  • 74. Part 1 Third Report and Order, 13 FCC Rcd at 417, � 73. Id. at 417-18, � 73. For purposes of our anti-collusion rules, the term ``applicant'' is defined to include entities that have a 10 percent or greater interest in the applicant. 47 C.F.R. � 1.2105(c)(6)(i). See, e.g., 47 C.F.R. �� 20.6(d) (CMRS spectrum cap), 22.942(d) (cellular cross-interest), 73.3555 Note 2 (broadcast multiple ownership), 76.501 Note 2 (cable cross-ownership). FCBA Reply Comments at 21; AT&T Comments at 5. See 47 C.F.R. � 1.2112(b); compare 47 C.F.R. � 1.2112(a) with � 1.2112(b). See 47 C.F.R. � 24.813 (1997). This section was subsequently removed from the Code of Federal Regulations. See Biennial Regulatory Review -- Amendment of Parts 0, 1, 13,
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  • radio ownership numerical limits, and the competitive concerns of the Commission and the DOJ. DOJ subsequently disapproved several proposed third party buyers, and Clear Channel re-filed divestiture applications for some of those stations in early June. In the beginning of May, Clear Channel filed multiple ownership showings to demonstrate compliance with the Commission's multiple ownership rules. See 47 C.F.R. � 73.3555(a) & (c). 5. To satisfy the Commission's local radio ownership and radio-television cross-ownership rules, and the concerns of the Commission and the DOJ about impacts on competition, Clear Channel and AMFM propose, concurrently with the merger, to divest 122 radio stations in local radio markets in 37 areas to either third party buyers or to an insulated trust.6 Clear Channel
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  • Commission when considered in the context of their particular case. The question on former Form 314 (August 1995 ed.), the form at issue here, asks whether the applicant has ``other existing attributable interest in any broadcast station, including the nature and size of such interest.'' An option is not considered an attributable interest under the Commission's rules. 47 C.F.R. � 73.3555, n.2(f), (``options should not be attributed unless and until conversion is effected''), and the staff has not, therefore, required that they be reported as ``broadcast interests'' on application forms. While question 15 of Section II requires disclosure of ``future ownership rights,'' including ``options,'' that question is only relevant to interests in the stations being assigned. In this case the Local
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  • the Commission eliminated the 12-station cap and raised the 25% aggregate national audience reach limit to 35%. See Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996) (the 1996 Act); In the Matter of Implementation of Sections 202(c)(1) and 202(e) of the Telecommunications Act of 1996, National Broadcast Television Ownership and Dual Network Operations, 47 C.F.R. �� 73.658(G) and 73.3555, 11 FCC Rcd 12374 (1996) (1996 National TV Ownership Order). As the 1996 Act did not address the issue of the measurement of audience reach for the purposes of the new limits, the Commission initiated this proceeding. See Notice of Proposed Rule Making in MM Docket Nos. 87-8, 91-221, and 96-222, 11 FCC Rcd 19949, 19954-56 (1996) (Notice). In the
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  • A Television Service, Report and Order, MM Docket No. 00-10, 15 FCC Rcd 6355, n.61 (2000) (``Nothing in this Report and Order is intended to affect a Class A LPTV station's eligibility to qualify for mandatory carriage under 47 U.S.C. �534.'') Notice, 15 FCC Rcd at 12154. Broadcast Signal Carriage Order, 8 FCC Rcd at 2973. See generally, 47 C.F.R. �73.3555 at note 5. LTVS Comments at 11; NAB Comments at 4. DirecTV Comments at 12. Fifth Avenue Channel Corporation Comments at 3. NRTC Comments at 5. Id. See 5 U.S.C. �603. The RFA, see 5 U.S.C. �601 et. seq., has been amended by the Contract With America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA).
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  • for small entities. In fashioning its Report in the Commission's Biennial Review Proceeding (MM Docket No. 98-35) the Commission considered a number of alternatives to the subject counting methodology policy. These alternatives were: (1) retention of the existing radio market definition policy; (2) modification of the existing radio market definition policy; (3) retention of the existing rule (47 CFR � 73.3555(a)(3)(ii)) concerning counting the number of stations in the radio market; (4) modification of the existing rule concerning counting the number of stations in the radio market; (5) retention of the existing policy for counting the number of stations a party owns in a radio market; and (6) modification of the existing policy for counting the number of stations a party
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  • (MMTC) National Association of Broadcasters (NAB) Pegasus Communication Corp. (Pegasus) United Church of Christ (UCC) APPENDIX B RULES Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended as follows: Part 73 RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. �� 154, 303, 334. 2. Section 73.3555 is amended by revising paragraphs (b)(2)(iii) and (c)(3)(I) and Note 7 (2) to read as follows: � 73.3555 Multiple Ownership. * * * * * (b) Local television multiple ownership rule. An entity may directly or indirectly own, operate, or control two television stations licensed in the same Designated Market Area (DMA) (as determined by Nielsen Media Research or any
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  • actions. Although the influence of a minority shareholder may be diminished somewhat where a single majority shareholder controls the licensee, we have no reason to believe that the minority shareholder's influence is eliminated or so attenuated in such circumstances that we should ignore its ownership interest for purposes of our ownership rules. Accordingly, we will amend Note 2 of Section 73.3555 of our rules to eliminate the single majority shareholder exemption from the broadcast attribution rules. We further conclude that the single majority shareholder exemption will no longer apply to minority interests acquired on or after the adoption date of this Memorandum Opinion and Order. Accordingly, any minority interests in a company with a single majority shareholder will be grandfathered if
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  • (CMRS) providers to establish a local number portability (LNP) capability in their networks. Mass Media Bureau On August 6, 1999, we released the Local Television Ownership Report and Order and the National Television Ownership Report and Order. In the Local Television Ownership Report and Order, we revised the local television ownership rules - the ``TV duopoly'' rule, 47 C.F.R. � 73.3555(b), and the radio-television cross-ownership or ``one-to-a-market'' rule, 47 C.F.R. � 73.3555(c) - to respond to ongoing changes in the broadcast television industry. In the National Television Ownership Report and Order, we modified the method of calculating stations' audience reach and made some minor changes in which stations would be counted for purposes of the national TV ownership rule. On June
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  • station ownership rule; and (6) the cable/television cross-ownership rule. The Report then stated the Commission's conclusions as to whether the rules remain necessary in the public interest in view of competition. Broadcast Ownership Rules Local Radio Ownership Rule In 1996, the Commission revised the number of radio stations that an entity may own in a single radio market under section 73.3555(a) of its rules in accordance with section 202(b) of the 1996 Act. The Commission also reviewed the rule in its 1998 Biennial Regulatory Review Report. On the basis of that recently concluded review under the biennial regulatory review requirements of the 1996 Act, the Commission concluded that local radio ownership rules generally continue to serve the public interest. Noting that
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  • with an attributable interest in the winning bidder, have no attributable interest in any other medium of mass communications, as defined in Section 73.5008.'' Section 73.5008(c) of the rules specifies that attributable interests in a winning bidder or in a medium of mass communications shall be determined in accordance with the broadcast multiple ownership rules (that is, 47 C.F.R. � 73.3555 and note 2). Additionally, on August 5, 1999, the Commission amended that provision to provide for the attribution of media interests held by individuals and entities whose interest in the bidder would not otherwise be attributable under the Commission's multiple ownership rules (e.g., a lender or a limited partner not materially involved in the partnership's media activities). Specifically, section 73.5008(c),
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  • No. 102-862, 102d Cong., 2d Sess. (1992). See DBS NPRM, 13 FCC Rcd at 6938 � 56. See id. at 6939 � 58 n.132. See id. at 6939 � 58. See Applicants' March 21 Supplemental Information at 12-14. See, e.g., 47 C.F.R. � 76.501 n.2(a) (cable/broadcast station cross-ownership rule); 47 C.F.R. 76.503 n.2 (cable horizontal ownership rule); 47 C.F.R. � 73.3555 n.2(a) (broadcast multiple ownership rules); 47 C.F.R. � 21.912 n.1(a) (cable/MMDS cross-ownership rule). Cf. In re AMRC Application for Authority to Construct, Launch, and Operate, File Nos. 72-SAT-AMEND-97, 10/11-DSS-P-9312/15/92, 26/27-DSS-LA-931/15/93, 83/84-SAT-AMEND-953/10/95, 72-SAT-AMEND-97, Order and Authorization, 13 FCC Rcd 8829, 8842 � 27 (1997) (requiring WorldSpace to seek Commission approval prior to exercising options to purchase additional shares of ARMC); In
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  • The fees for each category of station are as follows: VHF Markets 1-10...............$45,100 VHF Markets 11-25...............32,825 VHF Markets 26-50...............21,325 VHF Markets 51-100.............13,750 VHF Remaining Markets.........3,275 UHF Markets 1-10...............$15,150 UHF Markets 11-25..............12,300 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,075 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 24. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $740 annually. Those stations designated as Television Satellite Stations in the 2001 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
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  • satellite station, ARE GRANTED. IT IS FURTHER ORDERED, That the applications for consent to transfer of control of WJPX(TV), San Juan, Puerto Rico; WJWN-TV, San Sebastian, Puerto, Rico; and WKPV(TV), Ponce, Puerto Rico (File Nos. BTCCT-20000530ABW-ABY), from Paxson Communications of San Juan, Inc., to LIN Television Corporation, ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary See 47 C.F.R. � 73.3555(b); see also Review of the Commission's Regulations Governing Television Broadcasting, MM Docket No. 91-221, Report and Order, 14 FCC Rcd 12903 (1999) (Local Ownership R&O). See 47 C.F.R. � 73.3555 Note 2; see also Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, MM Docket No 94-150, Report and Order, 14 FCC Rcd 12559 (1999) (Attribution R&O).
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  • confine our decision to stations FTS already owns, for doing so would unnecessarily hinder the company's ability to expand and frustrate its reasonable expectations of doing so.'' The Commission therefore concluded that ``FTS, as presently structured may, consistent with the public interest, acquire additional broadcast stations (up to the allowable maximum set forth in our ownership rules, see 47 C.F.R. �73.3555).'' In 1998, the staff granted a short form assignment (1998 Assignment) of the stations then licensed to FTS and its subsidiaries. The applicants stated that the stations would be transferred to a new FTS; FTS would be renamed Fox Television Holdings (the current FTH); and Twentieth Holdings Corporation would be renamed Fox Entertainment Group (FEG). See attached Exhibit B. The
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  • ``Management Service Agreement'' dated December 24, 1997. Tribune also owns and operates WTIC-TV, Channel 61 (Fox), Hartford, Connecticut, which is located in the same DMA (Hartford) as, and has overlapping Grade B signal contours with, WTXX. Because this would be the second station in the DMA owned and operated by Tribune, its proposed acquisition of WTXX is governed by Section 73.3555(b)(2) of the Commission's Rules, 47 C.F.R. �73.3555(b)(2). That rule provides, in pertinent part, that the same entity may own or control two television stations in the same market so long as: (i) at the time the application is filed, at least one of the stations is not ranked among the top four stations in audience rankings in the DMA; and
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  • 73.34, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations, Docket No. 18110, Second Report & Order, 50 FCC 2d 1046, 1075 (1975) (Second Report & Order), recon. 53 FCC 2d 589 (1975), aff'd sub nom. FCC v. National Citizens Comm. for Broadcasting, 436 U.S. 775 (1978) (NCCB). 47 C.F.R. � 73.3555(d). For AM radio stations, the service contour is the 2mV/m contour, id. � 73.3555(d)(1); for FM radio stations, the service contour is the 1mV/m contour, id. � 73.3555(d)(2); for TV stations, the service contour is the Grade A contour, id. � 73.3555(d)(3). A daily newspaper is defined to be one that is published in the English language four or more
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  • programming sales (which it vacated). In this proceeding, we are only soliciting comment on the two aspects of the Commission's attribution rules that the D.C. Circuit vacated. See 47 C.F.R. � 76.501 Note 2(a); see also Senate Report at 80 (``. . . it is the intent of the Committee that the FCC use the attribution criteria set forth in 73.3555 (notes) or other criteria the FCC may deem appropriate);'' Second Report, 8 FCC Rcd at 8580-81, 8591-92 (concluding that the broadcast and cable attribution criteria serve the same objective, namely to identify ownership thresholds that impart the potential to influence or control an entity's programming or managerial decisions). The Commission found that the rationale underlying the 1984 adoption of the
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  • arise outside that process if licensees are permitted to lease spectrum usage rights without prior section 310(d) approval. See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Notice of Proposed Rulemaking, FCC 00-402 (rel. Nov. 27, 2000) (Secondary Markets NPRM). See also infra para. 53. Cf. 47 C.F.R. � 73.3555 (multiple ownership rule applicable to broadcast stations). See also infra para. 30, 38. First Biennial Review Order, 15 FCC Rcd at 9244-46 �� 56-57. See, e.g., United States v. SBC Communications Inc. and Ameritech Corporation, No. 1:99CV00715 (D.D.C. filed Aug. 2, 1999) (final judgement); United States v. SBC Communications Inc. and BellSouth Corporation, No. 1:00CV02073(PLF) (D.D.C. filed Aug. 30, 2000)
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  • 1213, 1216 (D.C. Cir. 1998). Id. Id. See also Citizens for Jazz on WRVR v. FCC, 775 F.2d 392, 397 (D.C. Cir.1985). See Gencom, Inc. v. FCC, 832 F.2d 171, 181 (D.C.Cir.1987). Id. Serafyn V. F.C.C., 149 F.3d at 1216. Primosphere Application at n. 1. Id. at n. 2. Id. at n. 5. Id. at n. 4. 47 C.F.R. � 73.3555, n. 2(f). See also Salt City Communications, Inc., 8 FCC Rcd 7584 (1993). 47 C.F.R. � 25.119(a), which states that ``No station license, nor any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation or any other entity holding such license, to any
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  • many communities throughout the country have experienced increased consolidation of radio station ownership. In this proceeding, we seek to examine the effect that this consolidation has had on the public and to consider possible changes to our local radio ownership rules and policies to reflect the current radio marketplace. 1 47 U.S.C. �� 309(a); 310(d). 2 See 47 C.F.R. � 73.3555(a) for the current version of the local radio ownership rule. In addition to limiting the number of radio stations that may be commonly owned, the local radio ownership rule in effect between 1992 and 1996 presumed that acquisitions of radio stations that proposed a combined audience share greater than 25% were contrary to the public interest. 3 Pub. L. No.
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  • alleged by petitioner similar to other cases where Commission found that family relationship did not raise real-party-in-interest issues); Cannon's Point Broadcasting Co., supra; KTRB Broadcasting Co., Inc., 46 FCC 2d 605 (1974) (no real-party-in-interest issue where transferee included sons of broadcasters in same market who received financing from their fathers). River City Decision at 5. Id. See 47. C.F.R. � 73.3555 Note 2(e). While the staff did find that at certain times in the past certain trustees had performed various legal and financial consulting work for the Smith brothers, Sinclair declared that the Smith brothers would not utilize these persons in the future. Id. at 6. The staff concluded that these past, occasional business relationships did not place in doubt the
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  • Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r), and Section 553(d) of the Administrative Procedure Act, 5 U.S.C. � 553(d). Accordingly, IT IS ORDERED that repeal of the single majority shareholder exemptions contained in former Note 1(b) to Section 21.912 of the Commission's rules, 47 C.F.R. � 21.912 Note 1(b) (2000), and former Note 2(b) to Section 73.3555 of the Commission's rules, 47 C.F.R. � 73.3555 Note 2(b) (2000) IS SUSPENDED effective immediately upon release of this order for all pending and future applications until resolution of the issues outlined in the Cable FNPRM proceeding. This action is taken pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 303(r),
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  • Arbitron radio market and place too much control in the hands of one operator, Nassau. Allegations regarding the potential anti-competitive effects of the instant TBA are not germane to our review of a facilities modification application. See n.30, supra. The Audio Services Division has determined that Nassau's operation of WCHR-FM, pursuant to the TBA, currently complies with 47 C.F.R. � 73.3555. We caution Nassau and MCC that, once the TBA is implemented, Nassau must continue to be in compliance with the multiple ownership rules. Id. 26. Conclusion Regarding Second Modification Application. For the reasons set forth above, we find that Jersey Shore and Partners have failed to raise a substantial and material question of fact as to whether grant of the
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  • actions. Although the influence of a minority shareholder may be diminished somewhat where a single majority shareholder controls the licensee, we have no reason to believe that the minority shareholder's influence is eliminated or so attenuated in such circumstances that we should ignore its ownership interest for purposes of our ownership rules. Accordingly, we will amend Note 2 of Section 73.3555 of our rules to eliminate the single majority shareholder exemption from the broadcast attribution rules. We further conclude that the single majority shareholder exemption will no longer apply to minority interests acquired on or after the adoption date of this Memorandum Opinion and Order. Accordingly, any minority interests in a company with a single majority shareholder will be grandfathered if
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  • to the above-captioned assignment, Clear Channel did not own radio stations in the Abilene market. The transaction assigned six radio stations to Clear Channel, the maximum number of commercial radio stations an entity may own, operate or control in the Abilene market, pursuant to the radio contour overlap provision of the Commission's broadcast multiple ownership rule. See 47 C.F.R. � 73.3555(a)(1)(iii). Dove argues that, in addition to the six stations being assigned, a seventh radio station in Abilene should also be considered attributable to Clear Channel. Dove states that while KWKC(AM), Abilene, Texas, is licensed to a non-Clear Channel entity, Dynamic Broadcasting Company, it broadcasts nine hours of programming per weekday, pursuant to its network affiliation with Premiere Radio Networks (``PRN''),
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  • and tie breakers, are based on whether the applicant also has interests in other broadcast stations, we established attribution rules for NCE organizations. These rules are similar to those applicable to commercial broadcasters, attributing the interests of the applicant, its parents, and its subsidiaries, their officers and members of their governing boards. To implement these attribution standards we modified Section 73.3555 of our rules concerning ownership. The rule, which previously stated that none of its provisions applied to NCE applicants, now says that the rule, including its attribution provision, is applicable to NCE applicants to the extent that they are compared pursuant to Subpart K, which sets forth our new comparative criteria. DeLaHunt Broadcasting states that the relevance of attribution to
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  • and tie breakers, are based on whether the applicant also has interests in other broadcast stations, we established attribution rules for NCE organizations. These rules are similar to those applicable to commercial broadcasters, attributing the interests of the applicant, its parents, and its subsidiaries, their officers and members of their governing boards. To implement these attribution standards we modified Section 73.3555 of our rules concerning ownership. The rule, which previously stated that none of its provisions applied to NCE applicants, now says that the rule, including its attribution provision, is applicable to NCE applicants to the extent that they are compared pursuant to Subpart K, which sets forth our new comparative criteria. DeLaHunt Broadcasting states that the relevance of attribution to
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  • Section 303(y). See 47 U.S.C. � 309(j)(3)(A)-(B), (D). See 47 U.S.C. � 309(j)(3)(D). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 483-87, �� 15-25. See 47 C.F.R. Part 73 (Broadcast Radio Services). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 484-85, �17. Id. Id. See 47 U.S.C. � 309(j)(14)(C)-(D); 47 C.F.R. � 73.3555(b), (d). Because we did not permit the use of the spectrum by full power broadcasting in the Upper 700 MHz proceeding, we had no occasion to consider imposing any eligibility restrictions based on our broadcasting rules. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 485-86, � 19. See id. at 483 n.37. We noted that under
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  • imposes a direct and heavy burden on speech. The First Amendment harm is exacerbated by the fact that the Commission does not presently have any reasonable factual predicate to support a cap, much less the specific 35% cap at issue. For these reasons, I dissent. See Telecommunications Act of 1996, Pub.L. No. 104-104, �202(c)(1) (1996), 110 Stat. 56; 47 C.F.R. 73.3555(e). Shareholders of CBS Corp., 15 FCC Rcd 8230 (2000). See Fox Television Stations, Inc. v. FCC, Nos. 00-1222, et al. (D.C.Cir.). These cases seek review of 1998 Biennial Regulatory Review, 15 FCC Rcd 11058 (2000). The certificate of service on the emergency request does not indicate service on any of the petitioners to deny in Shareholders of CBS. Even though
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  • The fees for each category of station are as follows: VHF Markets 1-10...............$45,100 VHF Markets 11-25...............32,825 VHF Markets 26-50...............21,325 VHF Markets 51-100.............13,750 VHF Remaining Markets.........3,275 UHF Markets 1-10...............$15,150 UHF Markets 11-25..............12,300 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,075 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $740 annually. Those stations designated as Television Satellite Stations in the 2001 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
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  • will not have eight operating independently owned commercial and noncommercial stations post-merger and the stations' Grade B signal contours overlap. Although station WFXU(TV) is a licensed station and has been operating since July 15, 1998, WFXU Corp. seeks to acquire it pursuant to an unbuilt station waiver of the television duopoly rule, as set forth in Note 7 of Section 73.3555 of the Commission's rules. 47 C.F.R. �73.3555, Note 7. II. Duopoly Waiver 3. The Commission in its Local Ownership Order established criteria for a waiver of the television duopoly rule for an ``unbuilt station.'' These criteria are: The combination will result in the construction of an authorized, but as yet unbuilt station; The permittee has made reasonable efforts to construct,
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  • applications for consent to the transfer of control of eleven full power television stations and seventeen low power and television translator stations held by subsidiaries of Telemundo Communications Group, Inc. (Telemundo) from Telemundo to TN Acquisition Corporation, a subsidiary of the National Broadcasting Company, Inc. (NBC). NBC has requested a twelve-month period of time to come into compliance with Section 73.3555(b) of the Commission's Rules in order to permit it to temporarily own three television stations in the Los Angeles television market. A coalition of Hispanic public interest groups (Hispanic Groups) filed a petition to deny the transaction and Paxson Communications Corporation (Paxson) filed a petition to deny and request for declaratory ruling. For the reasons stated below, we deny the
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  • acquisition would result in Viacom controlling two television stations in the Los Angeles market, the local television multiple ownership rule (the duopoly rule) is implicated. Second, the radio-television cross-ownership rule is triggered because Viacom controls several radio stations in the Los Angeles market in addition to its television interests. Finally, Viacom already exceeds the national ownership limits set out in �73.3555(e) of our rules. Viacom currently controls the licensee of television station KCBS-TV, Los Angeles. KCBS-TV and KCAL-TV are both located in the Los Angeles Designated Market Area (DMA) and have overlapping Grade B contours. Under the proposed transaction, Viacom will control two television stations in the DMA. The duopoly rule would permit this common ownership if: (1) at least eight
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  • Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). See Deregulation of Radio, Report and Order, 84 FCC 2d 968, 994-97 (1981); Sixth Report and Order, Docket No. 8736, 1 RR 91:559, :624 (1952). See, e.g., Worldcom-MCI Order, 13 FCC Rcd at 18030-31 � 9. 47 C.F.R. � 73.3555(a). Id.; Implementation of Sections 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12368 (1996). See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b)(1); 47 C.F.R. � 73.3555(a)(1). See Definition of Radio Markets, Notice of Proposed Rule Making, 15 FCC Rcd 25077, 25078 (2000) (``Radio Market Definition NPRM''). Under our current
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  • ownership/voice count limitations of the radio/television cross-ownership rule. Consequently, we do not believe that grant of the KION(TV) application would violate the spirit and goal of the radio/television cross-ownership rule. CONTINUING SATELLITE EXCEPTION 38. Clear Channel proposes to continue operating KMTZ(TV), Coos Bay, OR and KMTX-TV, Roseburg, OR as satellites of KMTR(TV), Eugene, OR pursuant to Note 5 of Section 73.3555 of the Commission's Rules, which exempts satellite stations from application of the local television multiple ownership rule. The Commission originally granted satellite status to KMTZ(TV) and KMTX-TV in 1991 and 1992, respectively, and authorized continued satellite status for both stations on two separate occasions. Clear Channel contends that the circumstances underlying the previous grants of continuing satellite status have not
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  • prior to a March 6, 2002, amendment, the proposed assignee was Citicasters Co. See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). See generally id. at 19862-70 �� 3-18. See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b); 47 C.F.R. � 73.3555(a)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996). See Public Notice, Broadcast Applications, Rep. No. 24303 (Aug. 12, 1998). Under this policy,
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  • remaining Mountain station, WCTB(FM), pursuant to a September 2001 Joint Sales Agreement (``JSA''). See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). See generally id. at 19862-70 �� 3-18. See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b); 47 C.F.R. � 73.3555(a)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996). See Public Notice, Broadcast Applications, Rep. No. 24303 (Aug. 12, 1998). Under this policy,
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  • receipt requested. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). 47 U.S.C. � 309(e). See generally id. at 19862-70 �� 3-18. See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b); 47 C.F.R. � 73.3555(a)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996). See Public Notice, Broadcast Applications, Rep. No. 24303 (Aug. 12, 1998). Under this policy,
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  • In a market of this size, this level of concentration is particularly unacceptable. See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). See generally id. at 19862-70 �� 3-18. See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b)(1); 47 C.F.R. � 73.3555(a)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996). See Public Notice, Broadcast Applications, Rep. No. 24303 (Aug. 12, 1998). Under this policy,
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  • Secretary See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, Notice of Proposed Rulemaking and Further Notice of Proposed Rulemaking, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). See generally id. at 19862-70 �� 3-18. See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (``1996 Act''), � 202(b); 47 C.F.R. � 73.3555(a)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996). See Public Notice, Broadcast Applications, Rep. No. 24303 (Aug. 12, 1998). See AMFM, Inc.,
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  • the current reserved channel NCE selection standards. Specifically petitioners question: (1) the method for counting existing NCE-FM radio stations for determining whether a community is underserved; (2) the operative dates and policies for determining whether an applicant is considered ``established'' for purposes of receiving points as an established local applicant; and (3) whether we adequately clarified the scope of Section 73.3555(f) of our rules concerning attribution of an applicant's other broadcast interests. Overall, however, petitioners accept the elements of our NCE comparative process. For the reasons stated herein, we conclude that reconsideration is unwarranted and decline to alter the NCE comparative standards. DISCUSSION Fair Distribution of Service (Full Service FM Only) Petitioner Michiana Christian Broadcasting (``Michiana'') suggests that we modify our
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  • discipline may be, and whether this grant is consistent with the public interest. See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). See generally id. at 19862-70 �� 3-18. See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b); 47 C.F.R. � 73.3555(a)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996). See Public Notice, Broadcast Applications, Rep. No. 24303 (Aug. 12, 1998). See AMFM, Inc.,
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  • source. The fees for each station categories are as follows: VHF Markets 1-10...............$47,050 VHF Markets 11-25...............34,700 VHF Markets 26-50...............23,625 VHF Markets 51-100.............15,150 VHF Remaining Markets.........3,525 UHF Markets 1-10...............$12,800 UHF Markets 11-25..............10,300 UHF Markets 26-50.................6,600 UHF Markets 51-100...............3,875 UHF Remaining Markets.........1,075 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $805 annually. Those stations designated as Television Satellite Stations in the 2002 Edition of the Television and Cable Factbook (or similar source) are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required
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  • Secretary See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, Notice of Proposed Rulemaking and Further Notice of Proposed Rulemaking, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). See generally id. at 19862-70 �� 3-18. See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (``1996 Act''), � 202(b); 47 C.F.R. � 73.3555(a)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996). See Public Notice, Broadcast Applications, Rep. No. 24303 (Aug. 12, 1998). See AMFM, Inc.,
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  • that the data and arguments presented by Clear Channel have a specific bearing on our analysis of the competitive impact of the instant Cumulus transaction, we consider them herein. In a separate order being released today, we also designate for hearing Clear Channel's application. See Local Radio Ownership NPRM, 16 FCC Rcd at 19862-70 �� 3-18. See 47 C.F.R. � 73.3555(a)(1); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) � 202(b)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996).
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  • 1 See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, Notice of Proposed Rulemaking and Further Notice of Proposed Rulemaking, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). 2 See generally id. at 19862-70 �� 3-18. 3 See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b); 47 C.F.R. � 73.3555(a)(1). Federal Communications Commission FCC 02-245 2 has received applications proposing transactions that would comply with the new limits, but that nevertheless would produce concentration levels that raised significant concerns about the potential impact on the public interest. 3. In response to these concerns, the Commission concluded that it has "an independent obligation to consider whether a proposed pattern of radio
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  • extent that the data and arguments presented by Cumulus have a specific bearing on our analysis of the competitive impact of the instant Clear Channel transaction, we consider them herein. In a separate order being released today, we also designate for hearing Cumulus's application. See Local Radio Ownership NPRM, 16 FCC Rcd at 19862-70 �� 3-18. See 47 C.F.R. � 73.3555(a)(1); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) � 202(b)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996).
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  • concur in part on this Notice. 47 U.S.C. �� 307, 308, 309(a), 310(d). Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). By ``broadcasters'' we refer to UHF and VHF television and AM and FM radio licensees, and not to cable operators, Direct Broadcast Satellite (``DBS'') operators, or satellite Digital Audio Radio Service operators. 47 C.F.R. � 73.3555(e). The national TV ownership rule prohibits any entity from controlling television stations the combined audience reach of which exceeds 35% of the television households in the United States. 47 C.F.R. � 73.3555(b). The local TV ownership rule allows the combination of two television stations in the same Designated Market Area (``DMA,'' as determined by Nielsen Media Research or any successor
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  • the new limits. In certain instances, however, the Commission has 1 See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001) ("Local Radio Ownership NPRM"). 2 47 U.S.C. � 309(e). 3 See Local Radio Ownership NPRM, 16 FCC Rcd at 19862-70 �� 3-18. 4 See 47 C.F.R. � 73.3555(a)(1); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b)(1). Federal Communications Commission FCC 02-251 2 received applications proposing transactions that would comply with the new limits, but that nevertheless would produce concentration levels that raised significant concerns about the potential impact on the public interest. 3. In response to these concerns, the Commission concluded that
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re ) ) ENTERCOM KANSAS CITY ) LICENSE, LLC ) ) Request for Waiver of Section 73.3555, ) Note 10 ) Licensee of AM Broadcast Station ) KKHK(AM), Kansas City, Kansas ) Facility ID No. 73938 and Expanded Band AM Broadcast Station ) KXTR(AM), Kansas City, Kansas ) Facility ID No. 87143 MEMORANDUM OPINION AND ORDER Adopted: November 14, 2002 Released: November 20, 2002 By the Commission: 1. Entercom Kansas City License, LLC (``Entercom''), licensee of KKHK(AM),
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In Re Application of ) ) COUNTERPOINT COMMUNICATIONS, ) INC. ) File No. BTCCT-19991116AJW (Transferor) ) Facility ID No. 14050 and ) ) TRIBUNE TELEVISION COMPANY ) (Transferee) ) ) For an Extension of Time to Comply with ) Section 73.3555(d) of the Commission's Rules ) with the Acquisition of the Licensee of Station ) WTXX(TV), Waterbury, Connecticut ) MEMORANDUM OPINION AND ORDER Adopted: February 11, 2002 Released: February 19, 2002 By the Commission: Commissioner Copps issuing a separate statement. 1. The Commission herein considers the request of the Tribune Television Company (``Tribune''), transferee pursuant to the August 3, 2001 grant
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  • Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). See Deregulation of Radio, Report and Order, 84 FCC 2d 968, 994-97 (1981); Sixth Report and Order, Docket No. 8736, 1 RR 91:559, :624 (1952). See, e.g., WorldCom-MCI Order, 13 FCC Rcd at 18030-31 � 9. 47 C.F.R. � 73.3555(a). Id.; see Implementation of Sections 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12368 (1996). See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), �202(b)(1); 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. � 73.3555. See Definition of Radio Markets, Notice of Proposed Rule Making, 15 FCC Rcd 25077 (2000) (``Radio Markets''). Local Radio
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  • Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). See Deregulation of Radio, Report and Order, 84 FCC 2d 968, 994-97 (1981); Sixth Report and Order, Docket No. 8736, 1 RR 91:559, :624 (1952). See, e.g., Worldcom-MCI Order, 13 FCC Rcd at 18030-31 � 9. 47 C.F.R. � 73.3555(a). Id.; see Implementation of Sections 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12368 (1996). See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b)(1); 47 C.F.R. � 73.3555(a)(1). See Definition of Radio Markets, Notice of Proposed Rule Making, 15 FCC Rcd 25077 (2000). See Multiple Ownership Amendment. The contour of
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  • Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). See Deregulation of Radio, Report and Order, 84 FCC 2d 968, 994-97 (1981); Sixth Report and Order, Docket No. 8736, 1 RR 91:559, :624 (1952). See, e.g., WorldCom-MCI Order, 13 FCC Rcd at 18030-31 � 9. 47 C.F.R. � 73.3555(a). Id.; see Implementation of Sections 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12368 (1996). Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), �202(b)(1); 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. � 73.3555(a). See Definition of Radio Markets, Notice of Proposed Rule Making, 15 FCC Rcd 25077 (2000). Letter from Malcolm Stevenson to
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  • violate the four same-service station limit in markets 2 and 3. Nor can the inconsistency be remedied by attributing the 10 stations to Clear Channel because this would result in a violation of the 8-station cap for the largest markets. Under the current counting methodology, however, the transaction complies with the local ownership limits set forth in 47 C.F.R. � 73.3555(a)(1)(i) for the largest markets: eight stations, not more than five of which can be in the same service. Certain circumstances unique to this case persuade us to review the transaction using the current calculation methodology. The subject applications were filed almost three months prior to the release of the Radio Market Definition NPRM in which the deferral policy was announced.
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  • Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). See Deregulation of Radio, Report and Order, 84 FCC 2d 968, 994-97 (1981); Sixth Report and Order, Docket No. 8736, 1 RR 91:559, :624 (1952). See, e.g., Worldcom-MCI Order, 13 FCC Rcd at 18030-31 � 9. 47 C.F.R. � 73.3555(a). Id.; see Implementation of Sections 202(a) and 202(b)(1) of the Telecommunications Act of 1996, 11 FCC Rcd 12368 (1996). See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), �202(b)(1); 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. � 73.3555. See Definition of Radio Markets, Notice of Proposed Rule Making, 15 FCC Rcd 25077 (2000). See, e.g., Shareholders of
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  • The fees for each category of station are as follows: VHF Markets 1-10...............$47,050 VHF Markets 11-25...............34,700 VHF Markets 26-50...............23,625 VHF Markets 51-100.............15,150 VHF Remaining Markets.........3,525 UHF Markets 1-10...............$12,800 UHF Markets 11-25..............10,300 UHF Markets 26-50.................6,600 UHF Markets 51-100...............3,875 UHF Remaining Markets.........1,075 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $805 annually. Those stations designated as Television Satellite Stations in the 2002 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
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  • subsequent reconsideration of any decision resulting from that proceeding, the twelve month period granted here is not likely even to commence for many more than twelve months. Under this scenario Endgame could well be the twelfth of never and, as the song reminds us, that's a long, long time. 15 FCC Rcd 8230 (2000). (Shareholders of CBS). 47 C.F.R. � 73.3555(e). See Fox Television Stations, Inc., No. 00-1222, -- F.3d -- (D.C. Cir., rel. Feb. 19, 2002)(Fox Television). Shareholders of CBS, 15 FCC Rcd at 8235. 47 C.F.R. � 73.3555(e); see also, Telecommunications Act of 1996, � 202(c)(1) Shareholders of CBS, 15 FCC Rcd at 8236. 1998 Biennial Regulatory Review, Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted
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  • 56 (1996). 2002 Biennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Cross-Ownership of Broadcast Stations and Newspapers, Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, Definition of Radio Markets, 17 FCC Rcd 18503 (2002) (``Notice''). 47 C.F.R. � 73.3555(e) (prohibiting any entity from controlling television stations the audience reach of which exceeds 35% of television households in the United States). For a definition of what constitutes an attributable interest for purposes of applying our multiple ownership rules, see notes to 47 C.F.R. � 73.3555. 47 C.F.R. � 73.3555(b) (allowing the combination of two television stations in the same Designated
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  • authorization to form this committee we will ask it to make consideration of this issue among its top priorities. APPENDIX H RULE CHANGES 47 CFR Part 73 is amended to read as follows: PART 73 - RADIO BROADCAST SERVICES The authority citations for part 73 continue to read as follows: Authority: 47 U.S.C. �� 154, 303, 334, and 336. Section 73.3555 is amended by revising paragraphs (a) and (b), removing paragraphs (c) and (d), and adding a new paragraph (c); by redesignating paragraphs (e) and (f) as (d) and (e) and revising paragraph (d); by retaining all notes in force, revising Notes (1), 2(i)(2)(ii), 2(j), 4, 5, 6 and 7, and by adding new Notes 2(k), 11 and 12 to read
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  • Id. (emphasis added) See Bowen v. Georgetown University Hospital, 488 U.S. 204, 208 (1988). See Fox Television Stations, Inc., 280 F.3d 1027 (D.C. Cir. 2002); See also Sinclair Broadcast Group, Inc. v. FCC, 284 F.3d 148 (D.C. Cir. 2002). Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, 16 FCC Rcd 19861 (2001). 47 C.F.R. � 73.3555(a); Cross-Ownership of Broadcast Stations and Newspapers, 16 FCC Rcd 17283 (2001). 47 C.F.R. � 73.3555(d); 2002 Biennial Regulatory Review-Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, 17 FCC Rcd 26294 (2002); FCC Seeks Comment on Ownership Studies Released by Media Ownership Working Group and Establishes Comment Deadlines
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  • commonly owned TV station.'' Review of the Commission's Regulations Governing Television Broadcasting, Memorandum Opinion and Second Order on Reconsideration (``Television Ownership Reconsideration''), 16 FCC Rcd 1067, 1081 (2000). However, the Commission will count radio stations in different Arbitron markets towards the limit that an entity may own if the radio station's relevant contour triggers the rule. Id. 47 C.F.R. � 73.3555(c)(i) and (ii). Id. � 73.3555(c)(2)(i)(A). Id. � 73.3555(c)(2)(i)(B). Id. � 73.3555(c)(2)(ii). A party may also own 2 television and 4 radio stations where permitted by the local television ownership rule. Id. � 73.3555(c)(2). A party may also own 2 television and 1 radio stations where permitted by the local television ownership rule. As a result of the attributable relationship between
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  • For the reasons set forth in Minnesota Christian, we deny reconsideration. 3. Accordingly, MCBI's Petition for Partial Reconsideration IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Minnesota Christian Broadcasters, Inc., 18 FCC Rcd 614 (2003), appeal docketed, No. 03-1029 (D.C. Cir. Feb. 19, 2003) (``Minnesota Christian''). Petition for Partial Reconsideration at 2. The rules referenced were 47 C.F.R. �� 73.3555 and Note 2, 73.5007, and 73.5008. Pursuant to Section 73.5007(a), a 35 percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, has no attributable interest in any other media of mass communications, as defined in Section 73.5008(b). MCBI paid the 35 percent balance to
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  • or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, have attributable interests in more than three mass media facilities. ``Media of mass communications,'' as defined in Section 73.5008(b), include ``an AM or FM broadcast station'' and attributable interests, as defined in Section 73.5008(c), are to be determined ``in accordance with � 73.3555 and Note 2'' to that section. At the time MCBI filed its Form 175 application, it was the 100% owner and licensee of stations KCFB(FM), St. Cloud, Minnesota, and KTIG(FM), Pequot Lakes, Minnesota, both licensed as noncommercial educational (``NCE'') stations. The Bureau found MCBI eligible for the NEBC, based on subsection (f) of Section 73.3555 (Multiple Ownership), which then stated
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  • overlaps the contour of WFCB(FM), as modified by a then-outstanding construction permit. However, station WSRW(AM)'s contour does not overlap the WFCB(FM) contour, and so its exclusion from the exhibit was appropriate. Clear Channel concedes its error with respect to WFJX(FM) and appropriately provided a revised multiple ownership study which demonstrates compliance with the radio local ownership rule, 47 C.F.R. � 73.3555(a). There is no evidence that the omission in the initial application exhibit derived from an intent to deceive, and there is no apparent motive to omit WFJX(FM) from which we might infer such an intent. Including WFJX(FM) in the original application would not have altered Clear Channel's compliance with the numerical station ownership limits nor, because WFJX(FM) is not in
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  • the case here. See Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, Notice of Proposed Rulemaking and Further Notice of Proposed Rulemaking, 16 FCC Rcd 19861, 19894-97 �� 84-89 (2001). See generally id. at 19862-70 �� 3-18. See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), � 202(b); 47 C.F.R. � 73.3555(a)(1). CHET-5 Broadcasting, L.P., Memorandum Opinion and Order, 14 FCC Rcd 13041, 13043 � 8 (1999) (citing 47 U.S.C. � 309(a) and KIXK, Inc., 13 FCC Rcd 15685 (1998)). See also Shareholders of Citicasters, Inc., Memorandum Opinion and Order, 11 FCC Rcd 19135, 19141-43 �� 12-16 (1996). See Public Notice, Broadcast Applications, Rep. No. 24303 (Aug. 12, 1998). See AMFM, Inc.,
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  • it remanded a number of decisions in the biennial proceeding to the Commission for additional justification or modification. The court had earlier stayed the effectiveness of the Commission's decision pending review, and, in a separate Partial Judgment, the court continued the stay pending its review of the Commission's action on remand, over which the court retained jurisdiction. 47 C.F.R. � 73.3555, Note 2(k). Id. In the Matter of 2002 Biennial Regulatory Review, 17 FCC Rcd 18503, 18506 � 7 n.13 (2002). Report and Order, 18 FCC Rcd at 13743 � 316 n.691. Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests; Review of the Commission's Regulations and Policies Affecting Investment in the Broadcast Industry; 14 FCC Rcd 12559
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  • market as the subject stations. Use of the alternative methodology, Monterey contends, demonstrates that the principal community contour of KRVI(FM) overlaps that of KDAM(FM) and, thus, that the two stations are in the same ``market.'' Consequently, Monterey argues, Clear Channel's acquisition of KDAM(FM) will exceed both the total number of stations and the number of FM stations permitted under Section 73.3555(a). 5. In declining to consider Monterey's use of an alternative prediction methodology to demonstrate that KRVI(FM) should be considered part of the subject ``market'' here -- a methodology that would carry Clear Channel over the number of FM stations, but not over the total number of stations, it can own in the market -- the staff stated that it had
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  • KM filed an informal objection to the three applications and the objection was denied by the Bureau in the September 2, 2002, letter decision. In its timely filed application for review, KM argues that the set of applications approved by the Bureau create a violation of our local multiple ownership rules, specifically the television duopoly rule. See 47 C.F.R. � 73.3555(b). KM also argues that the Bureau relied on a novel interpretation of that rule in reaching its decision. KM relies on essentially the same arguments it raised in its informal objection. We have reviewed the Bureau's disposition of KM's petition and the arguments set forth in KM's application for review. We find that the Bureau properly interpreted and applied the
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  • to Section 202 of the Telecommunications Act of 1996, 18 FCC Rcd 13620, 13813 (2003) (``Ownership Report and Order''), aff'd in part and remanded in part, Prometheus Radio Project, et al. vs. F.C.C., 373 F.3d 372 (3d Cir. 2004), stay modified, No. 03-3388 (Sept. 3, 2004). See, e.g., Petition at i, 6, 21. Petition at 6-8. See 47 C.F.R. � 73.3555(a). See Ownership Report and Order, supra, 18 FCC Rcd at 13725-30. The Notice of Proposed Rule Making included in the Ownership Report and Order seeks comment on developing a geography-based methodology to evaluate local radio ownership in markets not rated by Arbitron, and that proceeding remains pending. See Ownership Order, supra, 18 FCC Rcd at 13807-09. See also FCC v.
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � Before the Federal Communications Commission Washington, D.C. 20554 In the matter of COUNTERPOINT COMMUNICATIONS, INC. (Transferor) and TRIBUNE TELEVISION COMPANY (Transferee) Request for Extension of Waiver of Section 73.3555(d) of the Commission's Rules for Station WTXX(TV), Waterbury, CT ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No. BTCCT-19991116AJW Facility ID No. 14050 MEMORANDUM OPINION AND ORDER Adopted: April 13, 2005 Released: April 13, 2005 By the Commission: Commissioners Copps and Adelstein concurring and issuing a joint statement. bACKGROUND In November 1999, Tribune
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit JOINT STATEMENT OF COMMISSIONERS MICHAEL J. COPPS AND JONATHAN S. ADELSTEIN, CONCURRING Re: Counterpoint Communications, Inc. (Transferor) and Tribune Television Company (Transferee), Request for Extension of Waiver of Section 73.3555(d) of the Commission's Rules for Station WTXX(TV), Waterbury, CT We have been deeply troubled by the Commission's long inaction on this and other overdue waivers of our media ownership rules. In this case, we are also troubled by the Bureau's action in sending a letter to Tribune stating that the company was in full compliance with our rules. Notwithstanding these
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  • the Commission adopted additional, stricter cable attribution standards. See 1998 Cable Attribution NPRM, 13 FCC Rcd at 12993 � 5; 1999 Cable Attribution Order, 14 FCC Rcd at 19054 � 104. These stricter attribution standards are also referred to as ``program access'' attribution standards. 1999 Cable Attribution Order, 14 FCC Rcd at 19051 � 93. Note 2(c). 47 C.F.R. � 73.3555 Note 2(a) and (f); 47 C.F.R. � 76.501Note 2(a) and (f). 1998 Cable Attribution NPRM, 13 FCC Rcd at 12990 � 1; citing Review of The Commission's Regulations Governing Attribution of Broadcast Interests, Notice of Proposed Rulemaking, 10 FCC Rcd 3606 (1995); Review of The Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Further Notice of Proposed Rulemaking, 11
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  • control. The Commission has held that ``control encompasses any form of actual or legal control over basic operating policies.'' Trinity Broadcasting, 14 FCC Rcd 13570, 13603 (1999). And under the Commission's Regulatory policy: [T]he word control as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.'' (Emphasis added.) 47 C.F.R. � 73.3555 n. 1. The evidence of this hearing record clearly establishes that one of the most important indicia of de facto control, working capital or ``money,'' is permeating the relationships of Ms. James-Petersen to her parents, Luz and Asta James, both personal and business. Neither she or her children, nor the stations would survive without continued financial support. Therefore, it is
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  • subject to effective competition or if the SMATV system was owned, operated, controlled by, or under common control with the cable operator as of October 5, 1992. 47 C.F.R. � 76.501(e)(1), (f). Public Interest Statement at 76. Id. Cf. Comcast-AT&T Order, 17 FCC Rcd at 23310, 23331 (requiring compliance with the cable/SMATV cross-ownership rule as of closing). 47 C.F.R. � 73.3555. 47 C.F.R. � 27.1202. Public Interest Statement at 76. See 47 C.F.R. �� 27.1202, 73.3555. Instead of BRS, the Applicants refer to multichannel multipoint distribution service (``MMDS''). MMDS, also known as MDS, has been renamed the broadband radio service (``BRS''), and the Commission has made a number of changes to the rules governing the band. See Amendment of Parts 1,
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  • August 10, 2006 Released: March 1, 2007 By the Commission: On January 22, 2004, President Bush signed into law the Consolidated Appropriations Act, 2004, H.R. 2673 (``the Appropriations Act''). Section 629(1) of the Appropriations Act amends Section 202(c) of the Telecommunications Act of 1996 (``Telecommunications Act'') to direct the Commission to modify the national television ownership limit, contained in Section 73.3555 of the Commission's rules, to specify 39 percent as the maximum aggregate national audience reach of any single television station owner. The Appropriations Act also adds to the Telecommunications Act a new Section 202(c)(3), which states: (3) DIVESTITURE - A person or entity that exceeds the 39 percent national audience reach limitation for television stations in paragraph (1)(B) through grant,
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  • regard to the repeal of the newspaper/broadcast cross-ownership prohibition has placed FTS in a position where it ``cannot rationally continue to invest in the future of The Post'' without the regulatory certainty that would result from modifying the permanent waiver to include WWOR-TV or extending its temporary waiver with respect to that station. 7. We find that waivers of Section 73.3555(d) of the Rules to permit the operation of WNYW(TV), WWOR-TV and The New York Post are warranted. As noted, the existing waivers permitting the common ownership of WNYW(TV), WWOR-TV and The New York Post were granted primarily to preserve the operation of the newspaper after concluding that the public would benefit from preservation of the newspaper and that competition in
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  • apply this restraint uniformly.''); Comments of Cook Inlet at 13 (``It is not clear how the incentives or practices of these carriers are any more detrimental to the program than the incentives of any investor in a designated entity, whether a large financial institution, venture capital fund, small wireless carrier or otherwise.''). 47 U.S.C. �� 309(j)(3)(B), 309(j)(4)(D)-(E). 47 C.F.R. � 73.3555. A number of commenters also generally appeared to support the premise of Council Tree's proposals without specifically commenting on how the Commission might define ``material relationship.'' See e.g., Comments of MobiPCS at 1; Comments of Suncom at 1; Comments of USCC at 2-3, 5; Reply Comments of Royal Street at 1. Council Tree ex parte at 2, 6-7, 13. Id.
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  • 73 U.S.L.W. 3466 (U.S. June 13, 2005) (Nos. 04-1020, 04-1033, 04-1036, 04-1045, 04-1168, and 04-1177). See Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, � 202(h) (1996) (``1996 Act''); Consolidated Appropriations Act, 2004, Pub. L. No. 108-199, � 629, 118 Stat. 3 (2004) (``Appropriations Act'') (amending Sections 202(c) and 202(h) of the 1996 Act). 47 C.F.R. � 73.3555(d) (2005). 47 C.F.R. � 73.3555(b) (2005) (allowing the combination of two television stations in the same Designated Market Area (``DMA''), as determined by Nielsen Media Research or any successor entity, provided: (1) the Grade B contours of the stations do not overlap; or (2) (a) at least one of the stations is not among the four highest-ranked stations in the
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  • No. 02-277), filed Jan. 2, 2003. 2002 Biennial Review Order, 18 FCC Rcd at 13635-36 �� 47-49. Id. at 13636 � 50. Id. at 13637 � 52. See 13 C.F.R. � 121.201 (North American Industry Classification System (NAICS) code categories). See 2002 Biennial Review Order, 18 FCC Rcd at 13811 � 490. Id. at 13708 � 225. 47 C.F.R. � 73.3555 Note 7. A ``failed'' station is one that has not been in operation for at least four consecutive months due to financial distress or is a debtor in involuntary bankruptcy or insolvency proceedings. A station is ``failing'' if it has an all-day audience share of four percent or less and has had negative cash flow for three consecutive years. Permittees
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  • such definition(s) in the Federal Register.'' 15 U.S.C. � 632. See 5 U.S.C. � 605(b). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7422 (2000) (``NCE R&O''), aff'd, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001). See n. 17 supra. See 5 U.S.C. � 801(a)(1)(A). See 47 C.F.R. � 73.3555(f). -------------- (footnote continued) (footnote continued on next page) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 gd h h h h h h h h h h h h h ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A��
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  • applications listed in the attached Appendix that seek consent to assign 35 broadcast television licenses and associated low-power, Class A, and television translator licenses from the above-captioned, wholly-owned subsidiaries of Clear Channel Communications, Inc. (``Clear Channel'') to Newport Television LLC (``Newport''). In connection with the proposed acquisition, Newport has requested six months to bring its investors into compliance with Section 73.3555(b) of the Commission's Rules (the ``local television ownership rule'') in nine markets. Newport also requests a continuing waiver of Section 73.1125 of the Commission's Rules (the ``main studio rule'') to permit it to utilize the studio of station KSAS-TV, Wichita, Kansas, as the main studio for commonly-owned stations KAAS-TV, Salina, Kansas, and KOCW(TV), Hoisington, Kansas. We grant the applications, subject
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  • date of this order, come into compliance with the NBCO rule in the Los Angeles, New York, and Hartford markets by either selling the non-compliant properties or placing them in a divestiture trust. In either event, the licensee, whether Tribune or the Transferees, may choose, in each market, which non-compliant property, either newspaper or broadcast station, it will divest. Section 73.3555(d)(3) of the Commission's rules (the ``Rules'') provides that ``no license for [a] ...TV broadcast station shall be granted to any party (including all parties under common control) if such party directly or indirectly owns, operates, or controls a daily newspaper and the grant of such license will result in'' the Grade A contour of that television station encompassing the entire
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  • of proposed newspaper/broadcast combinations. We note that applications for Commission approval of proposed newspaper/broadcast combinations are subject to the local public notice filing requirements of Section 73.3580 of the Commission's rules. Nevertheless, to further ensure adequate local public notice, the Commission will flag such applications in its public notices as seeking waiver of the newspaper/broadcast cross-ownership rule pursuant to Section 73.3555(d) of the Commission's rules. Radio/Television Cross-Ownership Rule As explained in more detail below, we retain the current radio/television cross-ownership rule. The radio/television cross-ownership rule limits the number of commercial radio and television stations an entity may own in the same market, with the degree of common ownership permitted varying depending on the size of the relevant market. In contrast to
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  • to sale of a fully-constructed and operating facility. Moreover, we believe that service to the public would be expedited by providing eligible entities up to 18 months additional time to complete construction of an expiring permit, rather than allowing the permit to expire and auctioning the allotment a second time. Modification of Attribution Rule We revise Note 2(i) to Section 73.3555 of our Rules, which sets forth the Commission's equity/debt plus (``EDP'') attribution standard, to facilitate investment in eligible entities and thereby promote diversity of ownership in broadcast facilities. We sought comment on this matter in the Second Further Notice, and, in response, DCS submitted a proposal recommended by the MMTC EDP Task Force. We adopt the Task Force's proposal, with
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  • CATV Systems, Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable Television, and Newspaper Entities, 97 FCC 2d 997, 1005-06 � 14-15 (1984) (1984 Broadcast Attribution Order), recon. in part, 58 R.R.2d 604 (1985), further recon. granted in part, 1 FCC Rcd 802 (1986) (``1985 Attribution Reconsideration Order''). See also 47 C.F.R. � 73.3555 Note 2(a). Passive investors are ``investment companies, as defined by 15 U.S.C. � 80a-3, insurance companies, and banks holding stock through their trust departments in trust accounts.'' 47 C.F.R. � 76.501 Note 2(b). 47 C.F.R. � 73.3555 Note 2(b); 47 C.F.R. � 76.501 Note 2(b). 47 C.F.R. � 76.501 Notes 2(e) & (i); see also 1999 Cable Attribution Order, 14
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  • hundreds of millions of dollars, give that extracted value to [CIG Media] and NBC, and thereby force Petitioners to pay for the acquisition of [ION] by [CIG Media] and NBC.'' The Petitioners argue that the rights granted NBC in the May 4, 2007, Stockholders' Agreement will render ION's television stations attributable to NBC, thus resulting in violation of the Section 73.3555 of the Commission's rules (the ``local television ownership rule'') in several markets. They contend, more specifically, that the rights contained in the 2007 Stockholders' Agreement exceed the limits the 2002 Telemundo Order placed upon the NBC/Paxson relationship. The Petitioners state that NBC is attempting here what it could not do in 2002, namely, take control of ION. The Petitioners cite,
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  • A, five low-power, and five television translator licenses, as well as 73 full-power radio licenses (55 FM and 18 AM) and nine FM translator licenses, from Univision's current shareholders to Broadcasting Media Partners, Inc. (``BMPI''). In connection with the merger, BMPI has requested six months from the date of consummation to bring certain of its investors into compliance with Section 73.3555(d) (the ``newspaper/broadcast cross-ownership rule'') in five markets; six months from the date of consummation to bring certain of its investors into compliance with Section 73.3555(c) (the ``radio/television cross-ownership rule'') and Section 73.3555(a) (the ``local radio ownership rule'') in three markets; and six months from the date of consummation to come into compliance with the local radio ownership rule in the
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  • then divest their additional transmitter facilities. REC Networks Comments at 3. The SBAs state that brokering of a multicast audio stream would not constitute an illegal transfer of control. They argue that leasing of a digital stream is consistent with longstanding Commission treatment of time brokerage arrangements. SBAs Comments at 10. PIC Reply Comments at 14. See 47 C.F.R. � 73.3555(a) and notes j(1) and (2). See 47 C.F.R. � 73.295. See 47 C.F.R. � 73.593. See 47 C.F.R. � 73.127. In the analog context, the station identification, delayed recording, and sponsor identification announcements required by Sections 73.1201, 73.1208, and 73.1212 are not applicable to leased communications services transmitted via services that are not of a general broadcast nature. See 47
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  • above, we conclude that the Binghamton Petition fails to present any substantial and material questions of fact with respect to Citadel's alleged payola practices. Finally, with regard to the Binghamton Petitioners' stated concern about Citadel Broadcasting's size and the number of stations licensed to it, as Citadel Broadcasting notes in its Binghamton Opposition, its level of ownership complies with Section 73.3555 of the Rules, which contains the limits on the number of such stations one entity may own or control. For these reasons, we deny the Binghamton Petition. Accordingly, we find neither evidence of serious violations of the Act or the Rules nor of other violations by Citadel Broadcasting that, when considered together, evidence a pattern of abuse. Further, we find
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  • Pocatello application. Each Twin Falls agreement and amendment bears the same execution date as its Pocatello counterpart. See April 4, 2003, Twin Falls Staff Decision. The staff correctly determined that Citicasters was in compliance with the radio multiple ownership rule in the Twin Falls market, even after attributing its interest under the Equity Debt Plus (``EDP'') rule. 47 C.F.R. � 73.3555, Note 2(i). The EDP argument was not further pursued on appeal. Astounding Application for Review. Following full and timely payment of the winning bid, the staff granted the InterMart Twin Falls construction permit application on May 19, 2003. A license to cover the construction permit was granted on January 6, 2006 (File No. BLH-20041119ADY), and the station now operates under
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  • containing predicted contour plots using both the standard and the supplemental methods. See 46 C.F.R. � 73.313(e). See, e.g., Letter to Lee Shubert, Esq., 10 FCC Rcd 3159, 3160 (MMB 1995). There, Commission staff rejected a petitioner's attempt to apply (Longley-Rice) Tech Note 101 calculations in order to disqualify an assignment application that had demonstrated compliance with 47 C.F.R. � 73.3555 using standard calculation methods set forth in 47 C.F.R. � 73.313, holding that requiring applicants with conforming applications to defend applications against alternative prediction methodologies would result in unreasonable delay to the applicants and unnecessary administrative burden upon the limited technological resources available to the Commission for evaluating alternative prediction studies. Id. 47 C.F.R. � 73.313(e). See also note 9,
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  • newspaper/broadcast cross-ownership prohibition has placed FTS in a position where it ``cannot rationally continue to invest in the future of The Post'' without the regulatory certainty that would result from modifying the permanent waiver to include WWOR-TV or extending its temporary waiver with respect to that station. After analyzing the NBCO waiver request, we found that renewed waivers of Section 73.3555(d) of the Rules to permit the joint ownership of WNYW(TV), WWOR-TV and The New York Post were warranted. The pre-existing waivers permitting the common ownership of WNYW(TV), WWOR-TV and The New York Post were granted in significant part to preserve the operation of the newspaper after concluding that the public would benefit from such preservation and that competition in the
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  • Columbus radio market. However, in the Ownership Report and Order, we revised the definition and means of determining a radio market. Based on the revised local ownership methodology, Pickaway County, where Ashville is located, is now included in the Columbus radio market. Based upon the BIA Media Access Pro database, the Columbus radio market includes 43 radio stations. Revised Section 73.3555(a)(1)(ii) of the Commission's rules permits a single entity to own or control up to seven radio stations in a radio market of 30-44 stations. Station WLZT would be the eighth radio station for Clear Channel in the Columbus radio market. The staff, however, declined to set aside the modification of the Station WLZT license as requested by the Joint Petitioners
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  • in this case because the stations provide service to the city of Ithaca as well as to surrounding population centers. In light of the above, we are unpersuaded that the revised radio ownership rule now in effect is inadequate to protect against competitive harm in this transaction. The staff properly analyzed this transaction by applying the numerical limits of Section 73.3555(a), using the Ithaca Metro as the relevant geographic market. We find that FLAIM has not raised a substantial and material question of fact warranting further inquiry. We further find no error in the staff's conclusion that the assignment of this existing radio station combination is consistent with the public interest, convenience, and necessity. Saga's acquisition of a fifth station in
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  • ``CCC-Newport applications''). At this point, however, the proposed television transaction has not closed. In case the proposed television transaction does not close prior to the consummation of the Merger Applications, we incorporate by reference our findings in the Clear Channel TV Order, with one exception. In the Clear Channel TV Order, the Commission granted a six-month temporary waiver of Section 73.3555(b) of the Rules (the ``local television ownership rule'') to permit common ownership of WAWS(TV) and WTEV-TV, Jacksonville , Florida. Though both owned by CCC prior to filing of the CCC-Newport applications, common ownership failed to comply with the local television ownership rule at the time the CCC-Newport applications were filed due to the audience share ranking of WAWS(TV). We note,
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  • forth in Paragraph 47 of the 2007 Univision Order to permit PEP to restructure its interest in Freedom into a form that is non-attributable under the Commission's multiple ownership rules. We further hold that Lee's restructuring of its interest in BMPI into a form that is not attributable under the Commission's multiple ownership rules has resulted in compliance with Section 73.3555(c) (the ``radio/television cross-ownership rule'') and Section 73.3555(a) (the ``local radio ownership rule'') of the Commission's Rules. For the reasons discussed below, we will modify the condition set forth in Paragraph 47 to provide that such actions bring Lee and BMPI into compliance with the 2007 Univision Order. Background The Commission's attribution rules seek to identify those interests in or relationships
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  • date the award is published, and the Commission shall issue its findings and conclusions not more than 60 days after receipt of the petition, which may be extended by the Commission for one period of 60 days. For purposes of this Order, ownership shall be determined in accordance with the Commission's attribution rules applicable to broadcast licensees. 47 C.F.R. � 73.3555 Notes 1-3. Liberty Media and DIRECTV are prohibited from acquiring an attributable interest in a broadcast television station during the period of the conditions set forth in this Order unless the station is required to abide by such conditions. News Corp.-Hughes Order, 19 FCC Rcd at 682 App. F(IV). In that proceeding, the Commission found that the merger of DIRECTV
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  • 4. The staff excluded three stations in calculating the number of stations in the market. The staff thus found that AAA would own four FM stations and no AM stations in a 17-station market post-transaction, and would thus still comply with the local radio ownership rule. The Staff Decision: (1) found no basis to depart in this case from Section 73.3555(a) to determine the number of stations in the market, and therefore counted all stations whose principal community contours overlap the market's defining contours; (2) concluded there was no Pine Bluff problem warranting deferral; and (3) affirmed that the relevant geographic market for purposes of assessing the competitive effects of the transaction is the Arbitron Nassau-Suffolk, New York, metropolitan area (the
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  • Facility ID No. 25533 Adopted: March 18, 2008 Released: March 19, 2008 By the Commission: Introduction We have before us a ``Motion to Show Cause and Petition for Revocation of Waiver'' (``Motion'') filed by Radio Fargo-Moorhead, Inc. (``RFM'') on April 5, 2007. The Motion, citing changed circumstances, requests that the Commission revoke its grant of a temporary waiver of Section 73.3555(a)(1)(iii) of the Commission's Rules (the ``Rules'') permitting Triad Broadcasting Company, LLC and Monterey Licenses, LLC (collectively, ``Triad'') to continue a Joint Sales Agreement (``JSA'') involving KEGK(FM), Wahpeton, North Dakota, licensed to Guderian Broadcasting, Inc. (``Guderian''). We also have before us an opposition to the Motion filed by Triad and Guderian on April 18, 2007, and a reply filed by RFM
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  • are also concerned that some applicants may seek to avoid cap limits by using affiliates or even sham entities. We seek comment on whether, under this proposal, we should apply Commission attribution standards to determine the number of filings submitted by any party. Should the Commission also adopt special attribution rules beyond those set forth in Note 2 to Section 73.3555 of our rules? The use of application caps could force applicants to focus on preferred proposals, deter speculation, and ease staff processing burdens, thereby facilitating more frequent filing windows, speedier processing of window-filed applications, and shorten the time between application filing and auction. On the other hand, a cap may restrict new entrants into markets and programming choices for listeners.
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  • electronically filed no later than November 1, 2009, and every two years thereafter by (1) each licensee of a commercial AM, FM, or TV broadcast station (``Licensee'') and (2) each entity that holds an interest in the licensee that (i) is attributable for purposes of determining compliance with the Commission's multiple ownership rules (see Notes 1-3 to 47 C.F.R. � 73.3555) or (ii) would be attributable but for the single majority shareholder exemption (see former Note 2(b) of 47 C.F.R. � 73.3555 and Order, 16 FCC Rcd 22310 (2001)) or the higher threshold for attribution of certain interests in eligible entities under the Equity Debt Plus attribution standard (see Note 2(i) to 47 C.F.R. � 73.3555) (``Respondent''). A Licensee or Respondent
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  • the Department of Justice, which approved MRC's formation in 1964, has acknowledged that some of MRC's processes had the potential effect of restraint-of-trade, and MRC's proposed Voluntary Code of Conduct therefore specifically provides that the accreditation process shall not preclude the offering of audience measurement products by a measurement service that is not accredited. Id. at 5. 47 C.F.R. � 73.3555. An entity may own, operate, or control: (1) up to eight commercial radio stations, not more than five of which are in the same service (i.e., AM or FM), in a radio market with 45 or more full-power, commercial and noncommercial radio stations; (2) up to seven commercial radio stations, not more than four of which are in the same
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  • AM Daytimers Association at 3. See 47 C.F.R. � 74.1232(b). See Amendment of Part 74, 5 FCC Rcd at 7222 (``To support their applications for multiple translators in the same area, applicants will be required to describe any relevant terrain obstruction as a means of showing ``technical need'', and, if useful, may include a shadowing study.''). See 47 C.F.R. � 73.3555(a). See 47 U.S.C. � 312. See 47 U.S.C. � 309(e). 22 FCC Rcd at 15904. Id. at 15897-98. See Comments of Christian Broadcasting at 3; Reply Comments of Urban Radio Licenses at 6; Comments of Holston Valley Broadcasting Corporation (``Holston'') at 3; Comments of OneCom, Inc. at 4; Comments of Eastern Sierra Broadcasting at 7; Comments of NAB at 10;
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  • Commercial Broadcast Stations (FCC Form 323) must be electronically filed every two years by: (1) each licensee of a commercial AM, FM, or TV broadcast station (a ``Licensee''); and (2) each entity that holds an interest in the licensee that is attributable for purposes of determining compliance with the Commission's multiple ownership rules (see Notes 1-3 to 47 C.F.R. � 73.3555) (a ``Respondent''). The initial filing deadline shall be set by Public Notice issued by the Media Bureau. Thereafter, the Form shall be filed biennially by November 1, 2011, and every two years thereafter. A Licensee or Respondent with a current and unamended Report on file at the Commission, which was filed on or by the initial filing date or thereafter,
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  • 494 F.2d at 1146 n.2. See, e.g, Martin W. Hoffman, 12 FCC Rcd 5224, 5229 � 11 (1997) (``LaRose v. FCC does not stand for the proposition that the Commission should subrogate its policies in order to accommodate other Federal policies''). See Petition to Deny at 11-17. Id. at 11-12 (arguing that the proposed assignment would violate 47 C.F.R. � 73.3555(a)(1)(iv), which provides that in a market with 14 or fewer full power radio stations a person may not have a cognizable interest in more than five commercial radio stations or more than three commercial stations in the same service (AM or FM)). 47 C.F.R. 73.3555 (Note 2(i) (``[T]he holder of an equity or debt interest or interests in a broadcast
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  • we expect lessees to cooperate with Sirius XM on any emergency and public safety alert information and programming. In addition, this prohibition does not prevent Sirius XM from removing programming from its service that violates the law. DBS PI Order, 13 FCC Rcd at 23299, � 107. Public Notice, 24 FCC Rcd at 2856, � 3. See 47 C.F.R. � 73.3555 (notes) (setting forth our broadcast attribution standard). These attribution rules will be applied to all lessees, even if they are not broadcasters. Although the Applicants noted in their voluntary commitment that twelve channels would equal four percent of their full-time audio channels on both the Sirius and XM platforms, we expect the capacity allocated to the Leasing Condition to increase
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  • the originally claimed NEBC under the eligibility provisions of Section 73.5007 of the Rules, and the change occurred prior to grant of the construction permit to the applicant. Under no circumstances will a post-filing change increase an applicant's NEBC eligibility for that auction. 61. The rules governing NEBC eligibility state that attributable interests shall be determined in accordance with Section 73.3555 and Note 2 to that section. Section 73.3555 and Note 2 set forth numerous means by which interests are attributed to individuals and entities. We emphasize that all of these bases for attribution will be considered to affect NEBC eligibility when they occur after the Form 175 filing deadline. For example, for NEBC purposes, we do not distinguish between attribution
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  • people. Thus, each would provide combined first and second NCE service to ten percent of the population within its 60 dBu contour and to more than 2,000 people. Had the Commission accepted Treehouse's claim of two diversity points, AWU nevertheless would have prevailed because Treehouse's claimed total of two points would not exceed AWU's three-point total. See 47 C.F.R. � 73.3555(e). See WIB and NUC Applications, Questions III(1), III(2), and associated exhibits. WIB's 60 dBu contour encompasses 14,587 people all of whom would receive a new second NCE service. NUC's contour encompasses 12,946 people, all of whom would receive a new second service. Thus, each would provide combined first and second NCE service to ten percent of the population within its
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  • Had the Commission accepted AFA's claim of two diversity points, Regents nevertheless would have prevailed because AFA's claimed total of two points would not exceed Regents' five-point total. Had the Commission accepted AFA's claim of two diversity points, Regents nevertheless would have prevailed because AFA's claimed total of two points would not exceed Regents' five-point total. See 47 C.F.R. � 73.3555(e). 47 C.F.R. � 73.509. See Commission States Future Policy on Incomplete and Patently Defective AM and FM Construction Permit Applications, Public Notice, 56 RR 2d 776, 49 Fed. Reg. 47331 (Aug. 2, 1984). 47 C.F.R. � 73.3522. Id. at � 73.3522(b)(3). See also id. at � 73.3573(e)(4) (timely-filed NCE applications for new facilities or major modifications that are determined to
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  • 21, 2010, the Bureau held a workshop in Palo Alto, California to discuss the impact of new media on broadcast stations, http://www.fcc.gov/ownership/workshop-05210.html. Webcasts of these workshops and comments received in connection with them are included in the record of this proceeding and are available on the Commission's media ownership website. See Appropriations Act, 118 Stat. at 100. 47 C.F.R. � 73.3555(b). 47 C.F.R. � 73.3555(b)(1)(ii); see also, infra Section IV.C.1 for a discussion of the definition of digital contours. Local TV Ownership Order, 14 FCC Rcd at 12911-12 � 17. 2006 Quadrennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Report and Order and Order
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  • Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable Television and Newspaper Entities, Report and Order, MM Docket No. 83-46, FCC 84-115, 97 F.C.C.2d 997, 1003, � 7 (1984) (1984 Attribution Order) (establishing a 5 percent voting stock interest as the benchmark amount for attributing ownership of a broadcast licensee's facilities to an individual corporate shareholder); 47 C.F.R. � 73.3555, Note 2a to � 73.3555 (codifying the 5 percent attribution standard). Prior to the 1984 Attribution Order, the Commission had determined that for a ``widely-held'' corporation (fifty or more stockholders), an interest constituting 1 percent or more of the outstanding voting stock would be cognizable, whereas for a ``closely-held'' corporation (less than fifty stockholders), any voting interest would be cognizable.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-121A1_Rcd.pdf
  • and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable Television and Newspaper Entities, Report and Order,MM Docket No. 83-46, FCC 84-115, 97 F.C.C.2d 997, 1003, � 7 (1984) (1984 Attribution Order) (establishing a 5 percent voting stock interest as the benchmark amount for attributing ownership of a broadcast licensee's facilities to an individual corporate shareholder); 47 C.F.R. � 73.3555, Note 2a to � 73.3555 (codifying the 5 percent attribution standard). Prior to the 1984 Attribution Order, the Commission had determined that for a "widely-held" corporation (fifty or more stockholders), an interest constituting 1 percent or more of the outstanding voting stock would be cognizable, whereas for a "closely-held" corporation (less than fifty stockholders), any voting interest would be cognizable.
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  • `Sponsorship Identification' Rules, 52 FCC 2d 701, 711 � 30 (1975). See Applicability of Sponsorship Identification Rules, Public Notice, 40 FCC 141, 141 (1963). See 47 C.F.R. �� 73.1212(f). Id. Some sharing agreements can affect at the Commission's attribution rules, which define what interests are counted for purposes of applying the Commission's broadcast ownership rules. See generally 47 C.F.R. � 73.3555. Id. at 5, citing INC Report at 96-97. See 73.3526(e)(14), (e)(16). See also 47 C.F.R. �� 73.3613(b), (c) (requiring stations to disclose agreements when they relate to control of a licenses or involve management consulting or similar agreements). 47 C.F.R. �� 73.3526(e)(14), (e)(16). Id. at 207. INC Report at 348. We note that the Commission is part of the Task
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  • and Innovation, by Andrew S. Wise APPENDIX B Proposed Rules The Federal Communications Commission proposes to amend Part 73 of Title 47 of the Code of Federal Regulations (CFR) as set forth below: PART 73-Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334 and 336 2. Amend � 73.3555 by removing and reserving paragraph (c) and revising paragraphs (b) and (d) to read as follows: � 73.3555 Multiple ownership. * * * * * (b) Local television multiple ownership rule. An entity may directly or indirectly own, operate, or control two television stations licensed in the same Designated Market Area (DMA) (as determined by Nielsen Media Research or any
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  • October 13, 2005, Meridian Communications of Idaho, Inc., filed an opposition to NPG's reply to Meridian's opposition, as well as a motion to file this opposition. Meridian Communications of Idaho, Inc., 20 FCC Rcd 12428 (MB Vid. Div. 2005). Letter from Barbara A. Kreisman, Chief, Video Services Division, to Ambassador Media Corporation, et al. (Sept. 29, 1995). 47 C.F.R. � 73.3555(b) (1995). At the time, the local television ownership rule was implicated solely by Grade B contour overlap, and the Commission did not consider whether the stations were located within the same Nielsen Designated Market Area (``DMA''). The staff concluded that the Grade B contours of station KJVI(TV) (now KJWY(TV)) and station KPVI(TV) did not overlap. Station KJWY(TV) has since been
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  • Commercial Broadcast and Instructional Television Fixed Service Licenses, First Report and Order, 13 FCC Rcd 15,920, 15,964-65 (1998), on recon., Memorandum Opinion and Order, 14 FCC Rcd 8724 (1999), on further recon., Memorandum Opinion and Order, 14 FCC Rcd 14,521 (1999). See Rural Radio Report and Order, 25 FCC Rcd 1583, 1596 � 26 and n.70, citing 47 C.F.R. � 73.3555 and Notes 1 and 2. 47 C.F.R. � 1.2110; see also Appendix A, proposed � 1.1002. 47 C.F.R. � 1.2110(c)(2). 47 C.F.R. � 24.203. Id. 47 C.F.R. � 27.14(a) (```Substantial service' is defined as service which is sound, favorable and substantially above a level of mediocre service which just might minimally warrant renewal.''). See Service Rules for the 698-746, 747-762
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  • power . . . .''). 47 C.F.R. � 76.65(b)(1)(ii)-(iii). See, e.g., Disney Reply at 6-7; Fox Reply at 8-9. An LMA or time brokerage agreement refers to ``the sale by a licensee of discrete blocks of time to a `broker' that supplies the programming to fill that time and sells the commercial spot announcements in it.'' See 47 C.F.R. � 73.3555, Note 2(j). A JSA is ``an agreement with a licensee of a `brokered station' that authorizes a `broker' to sell advertising time for the `brokered station.''' See 47 C.F.R. � 73.3555, Note 2(k). A shared services agreement is an agreement between broadcasters to share services such as technical support, back-office support or production of newscasts. See, e.g., ACA Comments at
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  • for hearing. 47 U.S.C. � 309(e). See, e.g., Sirius-XM Merger Order, 23 FCC Rcd at 12364, � 30; Liberty Media-DIRECTV Order, 23 FCC Rcd at 3276, � 22; SBC-AT&T Order, 20 FCC Rcd at 18300, � 16; Verizon-MCI Order, 20 FCC Rcd at 18442-43, � 16. See 47 C.F.R. � 76.504. See 47 C.F.R. � 76.503. See 47 C.F.R. � 73.3555(b). Cable Television Consumer Protection and Competition Act of 1992, P.L. No. 102-385, 106 Stat. 1460 (``1992 Act''), Communications Act � 613(f), 47 U.S.C. � 533(f). Comcast Corp. v. FCC, 579 F.3d 1 (D.C. Cir. 2009) (finding that the rule capping the market share of any single cable television operator at 30 percent of all subscribers was arbitrary and capricious); Time
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  • service provider or interconnected VoIP provider because these entities are supposed to be impartial and not aligned with telecommunications industry segments); 47 C.F.R �63.04(a)(4) (requires a carrier seeking approval of a transfer of control under section 214 of the Act to report the name of any entity with 10 percent or more equity in such carrier). Cf. 47 C.F.R. � 73.3555 note 2 (broadcast attribution standards). Providers could request confidential treatment of information submitted that they believe should not be made routinely available for public inspection under our rules. See 47 C.F.R. �� 0.457, 0.459. 47 C.F.R. � 64.606(g). Currently, providers must re-apply for a renewal of their certification after five years by filing documentation with the Commission at least 90
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  • 11423, 11452, �� 4, 50. See 47 U.S.C. � 533. See 13th Report, 24 FCC Rcd at 629-631, 723-730, �� 184-186, Appendix C, Tables C1, C3. Id. at 629-631, �� 183-186. Id. at 631-634, �� 187-189 and Table 12. Id. at 635, � 192. In most contexts, the Commission determines ownership based on the attribution rules. See 47 C.F.R. � 73.3555 n.2 (broadcast attribution rules); 47 C.F.R. � 76.501 n.2 (cable attribution rules). See Review of Commission's Program Access Rules and Examination of Programming Tying Arrangements, MB Docket No. 07-198, First Report and Order, 25 FCC Rcd 746 (2010). By rivalry, we mean competition among participants in the same product and geographic market. Although a consumer typically selects one MVPD, the
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  • data. 1997 Report at Appendix E, Table E-1. Id. In contrast, to encourage competition and a diversity of voices, market structure rules have been adopted for many services that distribute video programming to consumers. For example, current rules prohibit the owner of a group of TV stations from serving more than 35 percent of nationwide TV households, 47 C.F.R. � 73.3555; restrict the ownership of more than one TV station in a local area, 47 C.F.R. � 73.3555 ; prohibit the ownership of a TV station whose signal overlaps with a local cable system, 47 C.F.R. � 76.501; prohibit the ownership of a TV station and a local daily newspaper in the same community, 47 C.F. R. � 73.3555; and prohibit
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  • programming sales (which it vacated). In this proceeding, we are only soliciting comment on the two aspects of the Commission's attribution rules that the D.C. Circuit vacated. See 47 C.F.R. � 76.501 Note 2(a); see also Senate Report at 80 (``. . . it is the intent of the Committee that the FCC use the attribution criteria set forth in 73.3555 (notes) or other criteria the FCC may deem appropriate);'' Second Report, 8 FCC Rcd at 8580-81, 8591-92 (concluding that the broadcast and cable attribution criteria serve the same objective, namely to identify ownership thresholds that impart the potential to influence or control an entity's programming or managerial decisions). The Commission found that the rationale underlying the 1984 adoption of the
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  • at 38; MediaOne Comments at 26-28. MediaOne Comments at 26-28. See Report of the Senate Committee on Commerce, Science and Transportation, S. Rep. No. 92, 102d Cong., 1st Sess. 80 (1991) (``Senate Report'') (``In determining what is an attributable interest, it is the intent of the Committee that the FCC use the attribution criteria set forth in 47 C.F.R. � 73.3555 (notes) [the broadcast attribution rules] or other criteria the FCC may deem appropriate.''). Broadcast Attribution Report and Order at para. 46. See Implementation of Section 11(c) of the Cable Television Consumer Protection and Competition Act of 1992, Third Report and Order, MM Docket No. 92-264, FCC No. 99-289 (Oct. 20, 1999) (``Horizontal Ownership Third Report and Order''). Broadcast Attribution Report
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  • Order on Reconsideration at para. 40. RCN Comments at 20. Second Report and Order at para. 16. Id. Id. at para. 17. Cablevision Comments at 13 n.18; Bresnan Comments at 5, 22-23; TCI Comments at 49-53 See, e.g., Adelphia et al. Comments at 29; Bresnan Comments at 25-26; MediaOne Comments at 40; Time Warner Comments at 24-25. 47 C.F.R. � 73.3555(e)(2)(I). Id. See Adelphia et al. Comments at 32. See Second Order on Reconsideration at para. 77. 47 C.F.R. � 76.504(b) (emphasis added). 47 C.F.R. � 76.504(d). 47 C.F.R. � 76.504(e). Second Report and Order at para. 28. Id. Id. Id. Further Notice at para. 32. Id. CU Motion to Vacate Stay of Enforcement of Horizontal Ownership Limits, MM Docket No.
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  • (CMRS) providers to establish a local number portability (LNP) capability in their networks. Mass Media Bureau On August 6, 1999, we released the Local Television Ownership Report and Order and the National Television Ownership Report and Order. In the Local Television Ownership Report and Order, we revised the local television ownership rules - the ``TV duopoly'' rule, 47 C.F.R. � 73.3555(b), and the radio-television cross-ownership or ``one-to-a-market'' rule, 47 C.F.R. � 73.3555(c) - to respond to ongoing changes in the broadcast television industry. In the National Television Ownership Report and Order, we modified the method of calculating stations' audience reach and made some minor changes in which stations would be counted for purposes of the national TV ownership rule. On June
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  • Section 303(y). See 47 U.S.C. � 309(j)(3)(A)-(B), (D). See 47 U.S.C. � 309(j)(3)(D). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 483-87, �� 15-25. See 47 C.F.R. Part 73 (Broadcast Radio Services). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 484-85, �17. Id. Id. See 47 U.S.C. � 309(j)(14)(C)-(D); 47 C.F.R. � 73.3555(b), (d). Because we did not permit the use of the spectrum by full power broadcasting in the Upper 700 MHz proceeding, we had no occasion to consider imposing any eligibility restrictions based on our broadcasting rules. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 485-86, � 19. See id. at 483 n.37. We noted that under
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  • applications for consent to the transfer of control of eleven full power television stations and seventeen low power and television translator stations held by subsidiaries of Telemundo Communications Group, Inc. (Telemundo) from Telemundo to TN Acquisition Corporation, a subsidiary of the National Broadcasting Company, Inc. (NBC). NBC has requested a twelve-month period of time to come into compliance with Section 73.3555(b) of the Commission's Rules in order to permit it to temporarily own three television stations in the Los Angeles television market. 1 A coalition of Hispanic public interest groups (Hispanic Groups)2 filed a petition to deny the transaction and Paxson Communications Corporation (Paxson) filed a petition to deny and request for declaratory ruling.3 For the reasons stated below, we deny
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  • existing broadcast ownership rule. Additionally, although these subjects are referred to in Section 202(f)(2) of the Telecom Act, the Commission has not revised any rules pertaining to ensuring cable carriage, channel positioning, or nondiscriminatory treatment of broadcast stations by cable systems. Accordingly, these subjects, will not be expressly and separately addressed except as set forth below. 13 47 C.F.R. � 73.3555(b). This rule is currently under consideration in MM Docket Nos. 91-221 and 87-8. See Notice of Proposed Rule Making in MM Docket No. 91-221, 7 FCC Rcd 4111(1992); TV Ownership Further Notice, supra; Second Further Notice of Proposed Rule Making in MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21655 (1996). 14 47 C.F.R. � 73.3555(c). This rule is
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  • maps to demonstrate compliance with our local radio ownership rules. We propose to rely on applicant certifications in place of contour maps. An applicant would be in a position to make this local radio ownership certification only after completing a worksheet.56 To the extent a proposed transaction would involve more than one "market," as that term is defined in Section 73.3555(a)(4)(ii), we would require the applicant to complete the worksheet with regard to each such market. We seek comment on this proposal. In particular, we seek comment on whether our elimination of the requirement that applicants submit contour Federal Communications Commission FCC 98-57 57 See 47 U.S.C. � 309(d). 58 See 5 U.S.C.A. � 553(b)(3)(A). 59 See 47 C.F.R. � 73.316(c).
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  • to permit the use of this methodology to calculate protected service contours for the purposes of demonstrating: the lack or existence of overlap; or compliance or non- compliance with contour limitations for boosters, fill-in translators, or auxiliary facilities. 34. We also propose not to consider PTP showings in the context of demonstrating compliance with the multiple ownership requirements of Section 73.3555. In instances involving the major radio markets, multiple ownership studies often involve dozens of stations. Selective application of the PTP method to some, but not all stations in a relevant market would invite disputes where contradictory results could occur. Conversely, in light of the sometimes radical differences between PTP calculations and standard predicted contours, utilizing the PTP method for all
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  • many communities throughout the country have experienced increased consolidation of radio station ownership. In this proceeding, we seek to examine the effect that this consolidation has had on the public and to consider possible changes to our local radio ownership rules and policies to reflect the current radio marketplace. 1 47 U.S.C. �� 309(a); 310(d). 2 See 47 C.F.R. � 73.3555(a) for the current version of the local radio ownership rule. In addition to limiting the number of radio stations that may be commonly owned, the local radio ownership rule in effect between 1992 and 1996 presumed that acquisitions of radio stations that proposed a combined audience share greater than 25% were contrary to the public interest. 3 Pub. L. No.
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  • discussed market entry barriers in the mass media services. See Policy Statement, 62 Fed. Reg. 34648 (1997). 181 See Section 257 Proceeding NOI, 11 FCC Rcd 6280, 6299 (1996). This is also the definition generally used by the federal government in its standard Equal Employment Opportunity construction contract specifications. See 41 CFR � 60-4.3(a). See also former 47 C.F.R. � 73.3555(e)(3)(iv). We also note that Section 309(i)(3)(C) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(i)(3)(C), uses essentially the same definition for the purposes of random application selection: "Blacks, Hispanics, American Indians, Alaska Natives, Asians, and Pacific Islanders." Our 1978 Policy Statement on minority ownership had listed these groups as including those of Black, Hispanic Surnamed, American Eskimo,
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  • Further Notice of Proposed Rule Making in MM Docket Nos. 91-222 & 87-8, 10 FCC Rcd 3524 (1995) as "Local Ownership Further Notice." In addition, we will refer to the Notice of Proposed Rule Making in MM Docket Nos. 96-222, 91-221, & 87-8, 11 FCC Rcd 19949 (1996) as "TV National Ownership NPRM." 4 See Notes to 47 C.F.R. � 73.3555. The following corporate interests are generally attributable under the existing attribution rules for purposes of applying the broadcast multiple ownership rules: voting stock interests amounting to five percent or more of the outstanding voting stock, except for passive investors (i.e., bank trust departments, insurance companies, and mutual funds) for which there is a ten percent benchmark; and positions as officers
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  • within their market for Federal Communications Commission FCC 99-208 4 Notice at 19954-56. We sought comment on this issue in the Notice of Inquiry in MM Docket No. 98-35, 13 FCC Rcd 11276, 11284-85 (1998) ("1998 Biennial Review"). 5 Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996). 6 Order, 11 FCC Rcd 12374 (1996). See 47 C.F.R. � 73.3555(e) (setting forth the amended rule). 7 47 C.F.R. � 73.3555(e)(2)(i). 8 Id. 9 Id. 10 47 C.F.R. � 73.3555(e)(2)(ii). - 2 - purposes of the national rule, will be addressed in the biennial review of our broadcast ownership rules that was initiated in 1998.4 BACKGROUND 2. Pursuant to Section 202(c)(1) of the Telecommunications Act of 1996 (the "1996 Act"),5 the
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  • mandate is to promote competition, because competition promotes Federal Communications Commission FCC 99-209 50 TV Ownership Further Notice, 10 FCC Rcd at 3532. 51 See F. M. Scherer and David Ross, Industrial Market Structure and Economic Performance, Third Edition, Houghton Mifflin Co., Boston, 1990 at 19-28. 52 See, e.g., Second Report and Order, In the Matter of Amendment of Section 73.3555 of the Commission's Rules, the Broadcast Multiple Ownership Rules, MM Docket No. 87-7, 4 FCC Rcd 1741, 1745 (1989) (Second Report and Order). 53 See Joseph E. Stiglitz, Economics, Second Edition, 1997, W. W. Norton & Company, New York at 346. 54 See TV Ownership Further Notice, 10 FCC Rcd at 3535. 14 consumer welfare and the efficient use of
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  • Dayton at 6; Comments of El Cerrito High School - West Contra Costa Unified School District at 6. Comments of Douglas E. Smith at 2-3. Comments of Metro Detroit Broadcasting Corporation at 5. See, e.g., Comments of Amherst at 38. Reply Comments of the National Lawyers Guild, etc. at 4. Comments of UCC, et al. at 13. 47 C.F.R. �� 73.3555 & 76.501. Comments of UCC, et al. at 13. See, e.g., Comments of the American Civil Liberties Union of Massachusetts et. al. at 6; Comments of Community Broadcasters at 9. Comments of UCC, et al. at 31-32. Comments of Civil Rights Organizations at 21-22. See, e.g., Comments of Anthony M. Marimpietri, Jr. at 2; Comments of Quinnipiac College at 2;
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  • or Class A TV station (see � 73.6025). * * * * * (5) Any decrease in the authorized power of an AM station or the ERP of a TV or Class A TV station, or any decrease or increase in the ERP of an FM commercial station, which is intended for compliance with the multiple ownership rules in � 73.3555. * * * * * (7) Any increase in the authorized ERP of a television station, Class A television station, FM commercial station, or noncommercial educational FM station, except as provided for in Secs. 73.1690(c)(4), (c)(5), or (c)(7), or Sec. 73.1675(c)(1) in the case of auxiliary facilities. (8) A commercial TV or noncommercial educational TV station operating on Channels 14
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  • an NCE applicant's other interests, for purposes of applying an NCE point system, we will attribute the interests of the applicant, its parent, and its subsidiaries, their officers and members of their governing boards. This standard is similar to commercial attribution standards in which directors, officers, and voting stockholders in a commercial entity have attributable interests. See 47 C.F.R. � 73.3555 note 2. Thus, even if an NCE organization and its parent organization do not have any other broadcast interests, we would also look to the interests of officers and directors, as we do for commercial applicants. For example, if the president of an applicant for a new NCE television station also serves on the board of another local television station,
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  • and 1,236 college newspapers published in all 50 states and the District of Columbia. Many of these newspapers, however are not published daily, are not in the English language, and are not circulated generally in the community of publication, or have insufficient circulation in the DMA. IV. RULES A. National TV Ownership Rule and UHF Discount 1. Regulatory History Section 73.3555(e)(1) sets forth the current national TV ownership rule. That section states: No license for a commercial TV broadcast station shall be granted, transferred or assigned to any party (including all parties under common control) if the grant, transfer, or assignment of such license would result in such party or any of its stockholders, partners, members, officers or directors, directly or
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  • radio ownership numerical limits, and the competitive concerns of the Commission and the DOJ. DOJ subsequently disapproved several proposed third party buyers, and Clear Channel re-filed divestiture applications for some of those stations in early June. In the beginning of May, Clear Channel filed multiple ownership showings to demonstrate compliance with the Commission's multiple ownership rules. See 47 C.F.R. � 73.3555(a) & (c). To satisfy the Commission's local radio ownership and radio-television cross-ownership rules, and the concerns of the Commission and the DOJ about impacts on competition, Clear Channel and AMFM propose, concurrently with the merger, to divest 122 radio stations in local radio markets in 37 areas to either third party buyers or to an insulated trust. Clear Channel and
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  • (The MIT Press 1994). Data is as of June 1999. See Annual Assessment of the Status of Competition in Markets for the Delivery of Video Programming, CS Docket No. 99-230, Sixth Annual Report, 15 FCC Rcd 978, 989, � 20 (2000). Id. at 984, � 15. (last visited Sept. 29, 2000)]. (last visited Sept. 29, 2000)]. See 47 C.F.R. �� 73.3555, 76.501(a). See Thomas E. Weber, Online: Web Radio: No Antenna Required, Wall St.J., July 28, 1999, at B1. See League of Women Voters, 468 U.S. at 377 n.11 (``We are not prepared, however, to reconsider our longstanding approach without some signal from Congress or the FCC that technological developments have advanced so far that some revision of the system of
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  • in the third sentence is deleted and the phrase ``the notes to'' is deleted from the fourth sentence. The corrected third and fourth sentences of paragraph 81 read as follows: ``DeLaHunt also believes that Subpart I, governing auctions of non-reserved channels, counts attributable interests in noncommercial stations for determining whether an applicant qualifies for a bidding credit. In amending Section 73.3555, we meant to clarify that commercial attribution standards also apply to NCE stations, to the extent that attribution is relevant to such stations.'' 4. Appendix D, Section 2, FM Translator Closed Groups, is amended by deleting the following non-mutually exclusive FM translator applications that were inadvertently included in Appendix D: MX GROUP NO. LEAD C.O. DATE FILE NUMBER CITY ST
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  • and tie breakers, are based on whether the applicant also has interests in other broadcast stations, we established attribution rules for NCE organizations. These rules are similar to those applicable to commercial broadcasters, attributing the interests of the applicant, its parents, and its subsidiaries, their officers and members of their governing boards. To implement these attribution standards we modified Section 73.3555 of our rules concerning ownership. The rule, which previously stated that none of its provisions applied to NCE applicants, now says that the rule, including its attribution provision, is applicable to NCE applicants to the extent that they are compared pursuant to Subpart K, which sets forth our new comparative criteria. DeLaHunt Broadcasting states that the relevance of attribution to
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  • the Commission eliminated the 12-station cap and raised the 25% aggregate national audience reach limit to 35%. See Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996) (the 1996 Act); In the Matter of Implementation of Sections 202(c)(1) and 202(e) of the Telecommunications Act of 1996, National Broadcast Television Ownership and Dual Network Operations, 47 C.F.R. �� 73.658(G) and 73.3555, 11 FCC Rcd 12374 (1996) (1996 National TV Ownership Order). As the 1996 Act did not address the issue of the measurement of audience reach for the purposes of the new limits, the Commission initiated this proceeding. See Notice of Proposed Rule Making in MM Docket Nos. 87-8, 91-221, and 96-222, 11 FCC Rcd 19949, 19954-56 (1996) (Notice). In the
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  • (MMTC) National Association of Broadcasters (NAB) Pegasus Communication Corp. (Pegasus) United Church of Christ (UCC) APPENDIX B RULES Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended as follows: Part 73 RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. �� 154, 303, 334. 2. Section 73.3555 is amended by revising paragraphs (b)(2)(iii) and (c)(3)(I) and Note 7 (2) to read as follows: � 73.3555 Multiple Ownership. * * * * * (b) Local television multiple ownership rule. An entity may directly or indirectly own, operate, or control two television stations licensed in the same Designated Market Area (DMA) (as determined by Nielsen Media Research or any
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  • actions. Although the influence of a minority shareholder may be diminished somewhat where a single majority shareholder controls the licensee, we have no reason to believe that the minority shareholder's influence is eliminated or so attenuated in such circumstances that we should ignore its ownership interest for purposes of our ownership rules. Accordingly, we will amend Note 2 of Section 73.3555 of our rules to eliminate the single majority shareholder exemption from the broadcast attribution rules. We further conclude that the single majority shareholder exemption will no longer apply to minority interests acquired on or after the adoption date of this Memorandum Opinion and Order. Accordingly, any minority interests in a company with a single majority shareholder will be grandfathered if
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  • and tie breakers, are based on whether the applicant also has interests in other broadcast stations, we established attribution rules for NCE organizations. These rules are similar to those applicable to commercial broadcasters, attributing the interests of the applicant, its parents, and its subsidiaries, their officers and members of their governing boards. To implement these attribution standards we modified Section 73.3555 of our rules concerning ownership. The rule, which previously stated that none of its provisions applied to NCE applicants, now says that the rule, including its attribution provision, is applicable to NCE applicants to the extent that they are compared pursuant to Subpart K, which sets forth our new comparative criteria. DeLaHunt Broadcasting states that the relevance of attribution to
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  • 73.34, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations, Docket No. 18110, Second Report & Order, 50 FCC 2d 1046, 1075 (1975) (Second Report & Order), recon. 53 FCC 2d 589 (1975), aff'd sub nom. FCC v. National Citizens Comm. for Broadcasting, 436 U.S. 775 (1978) (NCCB). 47 C.F.R. � 73.3555(d). For AM radio stations, the service contour is the 2mV/m contour, id. � 73.3555(d)(1); for FM radio stations, the service contour is the 1mV/m contour, id. � 73.3555(d)(2); for TV stations, the service contour is the Grade A contour, id. � 73.3555(d)(3). A daily newspaper is defined to be one that is published in the English language four or more
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  • The fees for each category of station are as follows: VHF Markets 1-10...............$45,100 VHF Markets 11-25...............32,825 VHF Markets 26-50...............21,325 VHF Markets 51-100.............13,750 VHF Remaining Markets.........3,275 UHF Markets 1-10...............$15,150 UHF Markets 11-25..............12,300 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,075 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $740 annually. Those stations designated as Television Satellite Stations in the 2001 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
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  • The fees for each category of station are as follows: VHF Markets 1-10...............$39,950 VHF Markets 11-25...............33,275 VHF Markets 26-50...............22,750 VHF Markets 51-100.............12,750 VHF Remaining Markets.........3,300 UHF Markets 1-10...............$15,075 UHF Markets 11-25...............11,425 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,225 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $1,250 annually. Those stations designated as Television Satellite Stations in the 2000 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
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  • The fees for each category of station are as follows: VHF Markets 1-10...............$45,100 VHF Markets 11-25...............32,825 VHF Markets 26-50...............21,325 VHF Markets 51-100.............13,750 VHF Remaining Markets.........3,275 UHF Markets 1-10...............$15,150 UHF Markets 11-25..............12,300 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,075 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 24. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $740 annually. Those stations designated as Television Satellite Stations in the 2001 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
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  • Commission FCC 99-97 40 See Sections 101.61(b)(3) and 101.61(c)(9) of the Commission's Rules, 47 C.F.R. �� 101.61(b)(3), 101.61(c)(9). 41 47 U.S.C. � 214(a). This is consistent with the Section 27.71 proposed in the 47 GHz Notice. 42 47 C.F.R. �� 27.12, 27.302. See also Part 27 Report and Order, 12 FCC Rcd at 10828-29 (paras. 80-83). 43 See, e.g., Section 73.3555 of the Commission's Rules, 47 C.F.R. � 73.3555. We have underway a review of our broadcast ownership rules. See 1998 Biennial Regulatory Review � Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, MM Docket No. 98-35, Notice of Inquiry, 13 FCC Rcd 11276 (1998). 44 In issuing
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  • arise outside that process if licensees are permitted to lease spectrum usage rights without prior section 310(d) approval. See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Notice of Proposed Rulemaking, FCC 00-402 (rel. Nov. 27, 2000) (Secondary Markets NPRM). See also infra para. 53. Cf. 47 C.F.R. � 73.3555 (multiple ownership rule applicable to broadcast stations). See also infra para. 30, 38. First Biennial Review Order, 15 FCC Rcd at 9244-46 �� 56-57. See, e.g., United States v. SBC Communications Inc. and Ameritech Corporation, No. 1:99CV00715 (D.D.C. filed Aug. 2, 1999) (final judgement); United States v. SBC Communications Inc. and BellSouth Corporation, No. 1:00CV02073(PLF) (D.D.C. filed Aug. 30, 2000)
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  • attribution rules. Attribution Notice, 10 FCC Rcd at 3651-52 (paras. 96-99). The Commission subsequently sought further comment on a specific proposal to attribute debt interests or other nonattributable equity interests above a specified benchmark that are held by a program supplier or same market media entity. Attribution Further Notice, 11 FCC Rcd at 19899-19908 (paras. 8-25). 125 47 C.F.R. � 73.3555, note (f). 126 Part 1 Third Report and Order, at paras. 71-78, adopting 47 C.F.R. � 1.2112(a). PAGE 35 of warrants and other convertible securities in the LMDS ownership restriction would undermine the restriction or to present any good reason why such treatment otherwise should be different for LMDS than for other wireless services. 78. We disagree with Webcel that
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  • station ownership rule; and (6) the cable/television cross-ownership rule. The Report then states the Commission's conclusions as to whether the rules remain necessary in the public interest in view of competition. Broadcast Ownership Rules Local Radio Ownership Rule In 1996, the Commission revised the number of radio stations that an entity may own in a single radio market under section 73.3555(a) of its rules in accordance with section 202(b) of the 1996 Act. The Commission also reviewed the rule in its 1998 Biennial Regulatory Review Report. On the basis of that recently concluded review under the biennial regulatory review requirements of the 1996 Act, the Commission concluded that local radio ownership rules generally continue to serve the pubic interest. Noting that
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  • services, 2) an assessment of alternative uses, including public safety use, of the frequencies used for such broadcasts, and 3) the extent to which the FCC has been or will be able to reduce the amount of spectrum assigned to licensees. (57) Fee for Ancillary or Supplementary Services To Be Determined 19. Broadcast Ownership MMB FCC shall modify 47 C.F.R. 73.3555 to eliminate any provisions limiting the number of AM or FM broadcast stations which can be owned or controlled by any one entity nationally. (57-58) Local Radio Diversity: FCC shall revise 47 C.F.R. 73.3555 to provide an entity to own/operate/control up to: - 8 commercial stations in radio market w/45 or more commercial radio stations not more than 5 can
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  • high definition television' refers to systems that offer approximately twice the vertical and horizontal resolution of receivers generally available on the date of enactment of the Telecommunications Act of 1996, as further defined in the proceedings described in paragraph (1) of this subsection.'. SEC. 202. BROADCAST OWNERSHIP. (a) NATIONAL RADIO STATION OWNERSHIP RULE CHANGES REQUIRED- The Commission shall modify section 73.3555 of its regulations (47 C.F.R. 73.3555) by eliminating any provisions limiting the number of AM or FM broadcast stations which may be owned or controlled by one entity nationally. (b) LOCAL RADIO DIVERSITY- (1) APPLICABLE CAPS- The Commission shall revise section 73.3555(a) of its regulations (47 C.F.R. 73.3555) to provide that-- (A) in a radio market with 45 or more
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  • believe, however, that any changes the Commission might make should be prospective only and should not undermine the legitimate investment expectations of parties who hold combinations lawfully assembled under our current rules. Whatever definition we adopt should also remain consistent with the intent of Congress under the Telecommunications Act of 1996 in relaxing the radio ownership restrictions. 47 C.F.R. � 73.3555(d) (the ``rule''). Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, � 202(h) (1996). Multiple Ownership of Standard, FM and Television Broadcast Stations, Second Report and Order, 50 F.C.C.2d 1046, 1048 (1975), aff'd sub nom. FCC v. National Citizens Committee for Broadcasting, 436 U.S. 775 (1978). Associated Press v. United States, 326 U.S. 1, 20 (1945). See, e.g.,
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  • the radio industry be informed of the ownership ``rules of the road'' before companies enter into transactions. Consistency and adherence to predictable timeframes for completion of a merger review are critical to a properly functioning marketplace. We must not hold up approval (or disapproval) of license transfers while we debate matters more properly decided in a rulemaking. 47 C.F.R. � 73.3555(e)(1) (1992). Telecommunications Act of 1996, Pub. L. No. 104-104, � 202(b) (1996). See, e.g., 47 U.S.C. � 310(d) (Commission must find license transfers serve ``the public interest, convenience, and necessity''). Telecommunications Act of 1996 at � 202(a). See Dissenting Statement of Commissioner Susan Ness and Commissioner Gloria Tristani, In Re: Applications of Pine Bluff Radio, Inc. and Seark Radio, Inc.,
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  • eliminate its restriction on the number of radio stations a single entity can own or control nationally, and to increase the number of radio stations that a single entity can own or control in a local market. See Section 202(a) & (b), Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, 110-11 (1996) (broadcast ownership); 47 C.F.R. � 73.3555(a) (1999) (same). See also 47 C.F.R. � 73.3555(b) (1999) (local television multiple ownership). See Section 202(c)(1); 47 C.F.R. � 73.3555(e) (1999). See 47 C.F.R. � 73.3555(c) & (d) (1999). See 47 C.F.R. � 76.503 (1999). See, e.g., In the Matter of Review of the Commission's Regulations Governing Television Broadcasting, Television Satellite Stations Review of Policy and Rules, MM Docket Nos.
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  • No. 98-35, FCC 00-191, Biennial Review Report, 15 FCC Rcd 11058, �� 5-6 (2000); Time Warner Entertainment Co. v. United States, 211 F.3d 1313, 1320 (D.C. Cir. 2000) (government responded "the promotion of diversity in ideas and speech, as well as the preservation of competition, are important governmental interests. . ."). Telecommunications Act of 1996, � 202(C)(1); 47 C.F.R. � 73.3555(e). Review of the Commission's Regulations Governing Television Broadcasting (Television Ownership Order), 14 FCC Rcd 12932-12933 (1999). 47 C.F.R. � 73.3555(d) See LINT Co., 15 FCC Rcd 18130, 18133 (2000); Shareholders of CBS Corporation, 15 FCC Rcd 8230 (2000). Shareholders of CBS Corporation, 15 FCC Rcd at 8236. Order at para. 23. (emphasis added) Order at para. 43. 47 U.S.C. �
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  • it should, requires the Commission to examine the same market in counting both the denominator (i.e., the number of stations in the market) and the numerator (i.e., the number of stations in the market that an entity will own), my initial view is that I disagree with the Bureau's decision to grant the proposed license transfer. See 47 CFR � 73.3555(a)(4)(ii). Telecommunications Act of 1996, Section 202(b)(1). Notably, the Commission's practice of shrinking the market when assessing the number of stations that will count against the local ownership caps has never been codified as a Commission rule. News Media Information 202 / 418-0500 TTY 202 / 418-2555 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Federal Communications Commission 445 12th Street, S.W.
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  • the "transmission" of video programming under Title VI). Indeed, the majority acknowledges (at para. 53) that it is the programmers using common carrier facilities that "generate and control" the signals from their headend to their subscribers. 21. ^21Under the Commission's rules, a "significant interest" is a cognizable interest for attributing interests in broadcast, cable and newspaper properties pursuant to Sections 73.3555, 73.3615, and 76.501. See 47 C.F.R. 76.5(bb). 22. ^22NCTA, 33 F.3d at 71. See also TBA v. Ohio Bell Telephone Company, FCC 97-64 (March 4, 1997) at 12 (common carrier that simply processes incoming transmissions and passes those signals on to their designated destinations does not control the transmitted signals). 23. ^23See S. Rep. 104-230, 104th Cong. 2d Sess. at
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  • control. The Commission has held that "control encompasses any form of actual or legal control over basic operating policies." Trinity Broadcasting, 14 FCC Rcd 13570, 13603 (1999). And under the Commission's Regulatory policy: [T]he word control as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised." (Emphasis added.) 47 C.F.R. S 73.3555 n. 1. The evidence of this hearing record clearly establishes that one of the most important indicia of de facto control, working capital or "money," is permeating the relationships of Ms. James-Petersen to her parents, Luz and Asta James, both personal and business. Neither she or her children, nor the stations would survive without continued financial support. Therefore, it is
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  • 21705-0113. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau A "time brokerage agreement," also referred to as a "local marketing agreement," refers to an agreement for the sale by a licensee of a discrete block of time to a third-party, a "broker," that supplies programming to fill the time and sells commercial announcements in it. See 47 C.F.R. S: 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8140, 8141 P: 10 (1995), vacated in part on other grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998). See 47 C.F.R. S: 73.1125. See 47 U.S.C. S: 503(b). See FCC Broadcast Inspection Summary Report Station WMFN(AM), dated April 11, 2005, at 1.
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  • 10 East 4th Street, Frederick, MD 21705-0113. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau A "time brokerage," also referred to as "local marketing," refers to the sale by a licensee of a discrete block of time to a third-party, a "broker," that supplies programming to fill the time and sells commercial announcements in it. See 47 C.F.R. S: 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8140, 8141 P: 10 (1995), vacated in part on other grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998). See 47 C.F.R. S: 73.1206. See 47 U.S.C. S: 503(b). See FCC Broadcast Inspection Summary Report Station WMJH(AM), dated April 12, 2005, at 2.
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  • 35,318) would maintain second and third local services, respectively in these communities, triggering less significant Priority 4. Second, the R&O concluded that the Committee's concentration of control and multiple ownership issues were prematurely raised because the Commission's policy is not to consider such issues in conjunction with an allotment rulemaking proceeding. Rather, any issue with respect to compliance with Section 73.3555 of the Commission's rules will be considered in conjunction with applications to implement the reallotments. In its Petition for Reconsideration, the Committee seeks to raise three issues. First, it argues that the R&O erred in approving the relocation of Station WMRN-FM to Dublin, which is in the Columbus, Ohio, radio market, because Clear Channel cannot own any more stations in
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  • Winchester Virginia market would ``greatly reduce competition in the Winchester market.'' In regard to questions concerning the Commission's multiple ownership rules and related issues concerning concentration of control of stations in the Winchester radio market, it is established policy not to consider such issues in conjunction with an allotment rulemaking proceeding. Rather, any issue with respect to compliance with Section 73.3555 of the Rules will be considered in conjunction with the application to implement the reallotment. As the Commission has stated previously, this policy is intended ``...to achieve an efficient and orderly transaction of both the rulemaking and the application process'' and recognizes that ``a rulemaking proceeding involves a technical and demographic analysis of competing proposals in the context of Section
• http://transition.fcc.gov/fcc-bin/audio/DA-06-382A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-382A1.pdf
  • and St. Joe, Florida, 11 FCC Rcd 1095 (MMB 1996); Jupiter and Hobe Sound, Florida, 12 FCC Rcd 3570 (MMB 1997). See Anniston and Ashland, Alabama, and College Park, Covington, Milledgeville and Social Circle, Georgia, 16 FCC Rcd 3411 (MMB 2001) (16% of workforce employed in community sufficient to support a favorable finding on this factor). See 47 C.F.R. � 73.3555, Note 2(i). See 47 C.F.R. � 73.3555(a)(1)(iii). See Chillicoche and Ashville, Ohio, 17 FCC Rcd 22410, 22414 (MB 2002), recon. denied, 18 FCC Rcd 22410 (MB 2003), app. for rev. pending; see also Detroit Lakes and Barnesville, Minnesota, and Enderlin, North Dakota, 16 FCC Rcd 22581 (MMB 2001); and Letter from Peter H. Doyle, Acting Chief, Audio Services Division, to
• http://transition.fcc.gov/fcc-bin/audio/DA-11-1546A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1546A1.pdf
  • Free Press' Comments are noted and discussed below. 16. Local Radio Ownership Rule Concerns. The CMI Subsidiaries and Citadel are direct competitors in very few markets. As a result, only six stations in four markets will be divested due to radio market overlap. As structured here and conditioned below, the proposed transaction complies with our local radio ownership rule, Section 73.3555(a)(1). In addition, the proposed transfer of control of CMI and Citadel to the new stockholders of CMI will terminate the licensees' ability to maintain certain grandfathered ownership interests that do not comply with the Commission's current multiple radio ownership rules. Eight stations in seven markets are impacted by the loss of grandfathered status. To resolve this issue, CMI and Citadel
• http://transition.fcc.gov/fcc-bin/audio/FCC-08-215A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-08-215A1.pdf
  • Columbus radio market. However, in the Ownership Report and Order, we revised the definition and means of determining a radio market. Based on the revised local ownership methodology, Pickaway County, where Ashville is located, is now included in the Columbus radio market. Based upon the BIA Media Access Pro database, the Columbus radio market includes 43 radio stations. Revised Section 73.3555(a)(1)(ii) of the Commission's rules permits a single entity to own or control up to seven radio stations in a radio market of 30-44 stations. Station WLZT would be the eighth radio station for Clear Channel in the Columbus radio market. The staff, however, declined to set aside the modification of the Station WLZT license as requested by the Joint Petitioners
• http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-99-55A1.pdf
  • See Public Notice, DA 98-2527 (released December 10, 1998). We note, however, that we proposed in the Notice to limit the PTP methodology to certain narrow circumstances. Notice, 13 FCC Rcd at 14864-65. Moreover, we tentatively rejected the use of this model to determine the number of available signals for purposes of complying with the multiple ownership requirements of Section 73.3555, a context similar to that which Reynolds proposes here. 47 C.F.R. � 73.3555; see Notice, 13 FCC Rcd at 14864-65. 47 U.S.C. � 309(d); see 47 C.F.R. � 73.3584. Reclassified applications will be accorded cut-off protection as of their actual filing dates. Applicants whose applications are so reclassified may seek refund of the difference between fees paid for major and
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • modification of special service authorization. [640]TEXT [641]PDF 73.3544 Application to obtain a modified station license. [642]TEXT [643]PDF 73.3545 Application for permit to deliver programs to foreign stations. [644]TEXT [645]PDF 73.3549 Requests for extension of time to operate without required monitors, indicating instruments, and EAS encoders and decoders. [646]TEXT [647]PDF 73.3550 Requests for new or modified call sign assignments. [648]TEXT [649]PDF 73.3555 Multiple ownership. [650]TEXT [651]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [652]TEXT [653]PDF 73.3561 Staff consideration of applications requiring Commission action. [654]TEXT [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of
• http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
  • released November 25, 1998 [ [136]PDF ]. Rules effective February 16, 1999. [137]Document as a zipped file. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [138]WP5.1 | [139]Text ]. Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. April 3, 1998 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules and Processes NPRM, MM Docket 98-43, FCC 98-47, 13 FCC Rcd 11349, [140]63 FR 19226, released April 3, 1998 [ [141]PDF | [142]WP5.1 ]. January 30, 1998 Letter re KFPW (AM) and KBBQ (FM), Fort Smith AR Letter, dated January 30, 1998 [ [143]WP5.1 ]. Allegation
• http://transition.fcc.gov/fcc-bin/audio/engrser.html
  • the July 23, 1998 Order, DA 98-1468, 13 FCC Rcd 13513: [ [875]WP5.1 | [876]Text ]. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [877]WP5.1 | [878]Text ]. NOTE: Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [879]62 FR 51052, released August 22, 1997 [ [880]WP5.1 | [881]Text ]. NOTE: Policy and procedures for supplemental showings for main studio location and FM community of license coverage. June 17, 1997 Radio Ingstad Minnesota [KMFX (FM)] MO&O, FCC 97-199,
• http://transition.fcc.gov/fcc-bin/audio/legalser.html
  • released November 25, 1998 [ [136]PDF ]. Rules effective February 16, 1999. [137]Document as a zipped file. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [138]WP5.1 | [139]Text ]. Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. April 3, 1998 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules and Processes NPRM, MM Docket 98-43, FCC 98-47, 13 FCC Rcd 11349, [140]63 FR 19226, released April 3, 1998 [ [141]PDF | [142]WP5.1 ]. January 30, 1998 Letter re KFPW (AM) and KBBQ (FM), Fort Smith AR Letter, dated January 30, 1998 [ [143]WP5.1 ]. Allegation
• http://transition.fcc.gov/fcc-bin/audio/published_audio_documents.html
  • 2008. [ [1078]PDF | [1079]Word ]. Denied request for temporary waiver or stay regarding joint sales agreement. August 8, 2008 Multicultural Radio broadcasting Licensee, LLC, for minor change construction permit for WNYG (AM), Babylon, NY, Letter, DA 08-1874, released August 8, 2008. [ [1080]PDF | [1081]Word ]. Change of community of license to Medford, NY, six month waiver of Section 73.3555 granted. August 7, 2008 Entercom Greenville License, LLC, for renewal of license for WYRD (AM), Greenville, SC, Forfeiture Order, DA 08-1859, released August 7, 2008. [ [1082]PDF | [1083]Word ]. $3,000 forfeiture order for violation of public inspection file rules (Section 73.3526). August 6, 2008 Frank Neely, licensee of WGIV (AM), Gastonia, NC, Letter, Forfeiture Order, DA 08-1849, released August
• http://transition.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1) this facility or an installation of another antenna does not adversely affect the operations of this facility rule_73_207_ind Facility complies with Rule 73.207 varchar(1) rule_73_315ab_ind Facility complies with Rule 73.315 for community coverage (yes/no) varchar(1) rule_73_3555_ind Compliance with 47 C.F.R. Section 73.3555 Indicator varchar(1) rule_73_525a1_ind TV Channel 6 Protection Requirements 73.525(a)(1) met Indicator varchar(1) rule_73_6011_ind Facility complies with Rule 73.6011 (yes/no) varchar(1) rule_73_6012_ind Interference: Facility complies with the LPTV station protection Rule varchar(1) rule_73_6013_ind Facility complies with Rule 73.6013 (yes/no) varchar(1) rule_73_6020_ind Facility complies with Rule 73.6020(yes/no) varchar(1) rule_73_68_ind The facility does not use a sampling system or the sampling system complies
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.doc http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/97-290.pdf
  • contour protection rule (47 C.F.R. Section 73.215), since the opposite contour-protected station could be adversely affected by the increased power; (c) where the station in question could potentially affect a Commission monitoring station or a designated radio quiet zone; (d) where the increased power would result in contour overlap which would violate the multiple ownership restrictions of 47 C.F.R. Section 73.3555; and (e) where the station in question is located within the Canadian or Mexican border zones and does not meet the minimum separations of 47 C.F.R. Section 73.207 with respect to a foreign station or foreign allotment, or where the station's authorized International Class does not permit operation with the maximum facilities permitted for that station's domestic station class. In
• http://transition.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da97-2568.html
  • with the Form 302-FM application for license to cover the increased power. (a)(i). The commercial Class A station was authorized pursuant to MM Docket 88-375 to increase ERP in a modification of license application in one of the following Public Notices (see 47 CFR Section 73.1690(c)(5)). The ERP increase must not violate the multiple ownership provisions of 47 CFR Section 73.3555. The Form 302-FM application must include an analysis demonstrating compliance with the Commission's radiofrequency radiation requirements. ____ November 3, 1989 (Reference No. 451), Page No. _________***See Note ____ November 17, 1989 (Reference No. 640), Page No. _________ ____ December 8, 1989 (Reference No. 886), Page No. _________ ____ March 2, 1990 (Reference No. 2009), Page No. _________ ____ February 11,
• http://transition.fcc.gov/headlines2008.html
  • Tate on Her Appointment to Serve as Federal Chair of the Federal-State Joint Conference on Advanced Services. [1574]Word | [1575]Acrobat 3/19/08 Statement by Commissioner Tate on Closing of 700 MHz Auction. [1576]Word | [1577]Acrobat 3/19/08 FCC Releases Data on High-Speed Services for Internet Access. News Release: [1578]Word | [1579]Acrobat Report: [1580]Word | [1581]Acrobat 3/19/08 The Commission Terminates Waiver of Section 73.3555(a)(1)(iii) Granted to Guderian Broadcasting, Inc. Effective in Ninety Days. Order: [1582]Word | [1583]Acrobat 3/19/08 Commission Seeks Nominations for Federal-State Joint Conference on Advanced Services. News Release: [1584]Word | [1585]Acrobat 3/19/08 FCC Announces Second Public En Banc Hearing on Broadband Network Management Practices at Stanford University, Palo Alto, California. News Release: [1586]Word | [1587]Acrobat 3/19/08 Deletion of Agenda Items From March
• http://transition.fcc.gov/mb/audio/decdoc/engrser.html
  • the July 23, 1998 Order, DA 98-1468, 13 FCC Rcd 13513: [ [875]WP5.1 | [876]Text ]. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [877]WP5.1 | [878]Text ]. NOTE: Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [879]62 FR 51052, released August 22, 1997 [ [880]WP5.1 | [881]Text ]. NOTE: Policy and procedures for supplemental showings for main studio location and FM community of license coverage. June 17, 1997 Radio Ingstad Minnesota [KMFX (FM)] MO&O, FCC 97-199,
• http://transition.fcc.gov/mb/audio/decdoc/legalser.html
  • released November 25, 1998 [ [136]PDF ]. Rules effective February 16, 1999. [137]Document as a zipped file. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [138]WP5.1 | [139]Text ]. Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. April 3, 1998 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules and Processes NPRM, MM Docket 98-43, FCC 98-47, 13 FCC Rcd 11349, [140]63 FR 19226, released April 3, 1998 [ [141]PDF | [142]WP5.1 ]. January 30, 1998 Letter re KFPW (AM) and KBBQ (FM), Fort Smith AR Letter, dated January 30, 1998 [ [143]WP5.1 ]. Allegation
• http://transition.fcc.gov/ownership/materials/already-released/review090001.pdf
  • Section 202 of the 1996 Act eliminated limits the FCC had previously placed on the number of radio stations a single entity could own nationally. It also significantly relaxed limits the FCC had placed on ownership of radio stations in a local market. On March 7, 1996, the FCC implemented these provisions of the 1996 Telecom Act by revising Section 73.3555 of our Rules (47 C.F.R. �73.3555) to eliminate the national multiple radio ownership rule and relax the local ownership rule. In March 1998 and January 2001, the Mass Media Bureau Policy and Rules Division released the previous Reviews of the Radio Industry examining changes in various aspects of the commercial broadcast radio industry as a result of the implementation of
• http://transition.fcc.gov/ownership/materials/already-released/scarcity030005.pdf
  • broadcaster's head. Though it seldom fell, it was never removed.32 FCC regulations required traditional broadcasters to broadcast content against their will33 and forbade them to broadcast the content they wanted.34 It is highly likely that any such regulations, if imposed on newspapers,35 other print media, or cable television,36 would be found to violate the First Amendment. 30 47 C.F.R. � 73.3555. 31 Amendment of Sections 73.34, 73.240, & 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, & Television Broadcast Stations, 50 F.C.C.2d 1046 (1975). 32 Glen O. Robinson, The FCC & the First Amendment: Observations on 40 Years of Radio & Television Regulation, 52 MINN. L. REV. 67, 119 (1967). 33 See, e.g., Children's Television Report &
• http://transition.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
  • Under the 1996 Telecommunications Act Market Size (Number of Stations) Maximum Number of Stations That Can be Owned by a Single Entity Maximum Number in a Single Service (AM or FM) 45 or more 8 5 30-44 7 4 15-29 6 4 14 or Fewer Min(5, N/2) where N is total stations in the market 3 Source: 47 C.F.R. � 73.3555H(a)(1)(i)-(iv) (1998). Note: The Telecommunications Act abolished national caps, which had previously been set at a maximum of 20 stations in each service. Local limits had been set at 4 stations in a single market. 42 Table 8: Station Ownership by Format and Race/Hispanic Status, 1997 Format White Black Hispanic AC 418 0 0 AC/AOR 4 0 0 AC/CHR 128 0
• http://transition.fcc.gov/ownership/workshop-110409/mahoney.pdf
  • restrictions would be subject to heightened judicial scrutiny for the simple reason that they are content-based. The whole point of such restrictions, 84 Turner I, 512 U.S. at 640-41 (quoting Arkansas Writers' Project, 481 U.S. at 228). See also Grosjean v. American Press Co., 297 U.S. 233, 250 (1936). 85 Minneapolis Star, 460 U.S. at 585. 86 Amendment of Section 73.3555, Report and Order, 100 FCC 2d 17, 25 (1984). See also Review of the Commission's Regulations Governing Television Broadcasting, Report and Order, 14 FCC Rcd 12903, 12953 (1999) (concluding that cable systems, broadcast stations, and newspapers are all "important source[s] of news and information on issues of local concern" and compete with each other as news and advertising outlets). -
• http://wireless.fcc.gov/auctions/04/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/04/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/04/releases/fmoo4285.wp
  • seminars, which provided an overview of the PCS rules and procedures. The seminar series included sessions held in the following locations: Washington, D.C. (Aug. 29, 1994); Chicago (Aug. 22, 1994); Denver (Aug. 24, 1994); San Francisco (Aug. 26, 1994). See, e.g., Broadcast Equal Employment Opportunity Rules and FCC Form 395, 70 FCC 2d 122 1466, 1473 (1979); 47 C.F.R. �� 73.3555(d)(3)(iv), l.1621(b); see also 47 U.S.C. � 309(i)(3)(c)(ii); Race and Ethnic Standards for Federal Statistics and Administration Reporting, OMB Statistical Policy Directive No. 15 (1977). In a separate Order, we shall be making the same correction to the definition of minority 123 groups used in the generic auction rules (see 47 C.F.R. � 1.2110(b)(2)) and the narrowband auction rules (see 47
• http://wireless.fcc.gov/auctions/05/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/05/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/05/releases/fmoo4285.wp
  • seminars, which provided an overview of the PCS rules and procedures. The seminar series included sessions held in the following locations: Washington, D.C. (Aug. 29, 1994); Chicago (Aug. 22, 1994); Denver (Aug. 24, 1994); San Francisco (Aug. 26, 1994). See, e.g., Broadcast Equal Employment Opportunity Rules and FCC Form 395, 70 FCC 2d 122 1466, 1473 (1979); 47 C.F.R. �� 73.3555(d)(3)(iv), l.1621(b); see also 47 U.S.C. � 309(i)(3)(c)(ii); Race and Ethnic Standards for Federal Statistics and Administration Reporting, OMB Statistical Policy Directive No. 15 (1977). In a separate Order, we shall be making the same correction to the definition of minority 123 groups used in the generic auction rules (see 47 C.F.R. � 1.2110(b)(2)) and the narrowband auction rules (see 47
• http://wireless.fcc.gov/auctions/08/releases/r&odbs.pdf http://wireless.fcc.gov/auctions/08/releases/r&odbs.txt http://wireless.fcc.gov/auctions/08/releases/r&odbs.wp
  • locations, and will not rule out investments by existing full-CONUS operators in the future. Therefore, concerns raised over the impact of attribution criteria are largely moot. However, attribution rules are necessary at this juncture to implement the auction spectrum rule and ensure that any person that acquires an interest in the full-CONUS channels now available for See 47 C.F.R. � 73.3555 Note 1. 174/ See Review of the Commission's Regulations Governing Attribution of Broadcast Interests, 10 FCC Rcd 3606 175/ (1995). See e.g., WWIZ, Inc., 36 FCC 561 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F. 2d 824 (D.C. 176/ Cir., 1965), cert. denied, 383 U.S. 967 (1966). 35 auction will be truly independent of all other licensees
• http://wireless.fcc.gov/auctions/10/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/10/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/10/releases/fmoo4285.wp
  • seminars, which provided an overview of the PCS rules and procedures. The seminar series included sessions held in the following locations: Washington, D.C. (Aug. 29, 1994); Chicago (Aug. 22, 1994); Denver (Aug. 24, 1994); San Francisco (Aug. 26, 1994). See, e.g., Broadcast Equal Employment Opportunity Rules and FCC Form 395, 70 FCC 2d 122 1466, 1473 (1979); 47 C.F.R. �� 73.3555(d)(3)(iv), l.1621(b); see also 47 U.S.C. � 309(i)(3)(c)(ii); Race and Ethnic Standards for Federal Statistics and Administration Reporting, OMB Statistical Policy Directive No. 15 (1977). In a separate Order, we shall be making the same correction to the definition of minority 123 groups used in the generic auction rules (see 47 C.F.R. � 1.2110(b)(2)) and the narrowband auction rules (see 47
• http://wireless.fcc.gov/auctions/11/releases/deforder.pdf http://wireless.fcc.gov/auctions/11/releases/deforder.txt http://wireless.fcc.gov/auctions/11/releases/deforder.wp
  • 346 47 C.F.R. � 20.6(d)(1). 347 See Cox Reply Comments at 7; DCR Reply Comments at 12. 348 See Attribution Notice, 10 FCC Rcd at 3609. See also 47 C.F.R. � 20.6(d)(9) (attributing certain management 349 agreements). Attribution Notice, 10 FCC Rcd at 3609-10 (citing Amendment of Multiple Ownership Rules, 18 FCC Rcd 288, 350 292-93 (1953)). 47 C.F.R. � 73.3555, n. 2. 351 Id. See also Attribution Notice, 10 FCC Rcd at 3628-30 (where the Commission sought comment on whether the 10 352 percent attribution level should be raised). 47 C.F.R. � 76.501, n. 2. 353 47 C.F.R. � 76.503(f). 354 47 C.F.R. � 76.504(h). 355 47 C.F.R. � 21.912(c), n. 1. 356 47 U.S.C. � 153(l). 357 55 conveys
• http://wireless.fcc.gov/auctions/11/releases/fmoo4285.pdf http://wireless.fcc.gov/auctions/11/releases/fmoo4285.txt http://wireless.fcc.gov/auctions/11/releases/fmoo4285.wp
  • seminars, which provided an overview of the PCS rules and procedures. The seminar series included sessions held in the following locations: Washington, D.C. (Aug. 29, 1994); Chicago (Aug. 22, 1994); Denver (Aug. 24, 1994); San Francisco (Aug. 26, 1994). See, e.g., Broadcast Equal Employment Opportunity Rules and FCC Form 395, 70 FCC 2d 122 1466, 1473 (1979); 47 C.F.R. �� 73.3555(d)(3)(iv), l.1621(b); see also 47 U.S.C. � 309(i)(3)(c)(ii); Race and Ethnic Standards for Federal Statistics and Administration Reporting, OMB Statistical Policy Directive No. 15 (1977). In a separate Order, we shall be making the same correction to the definition of minority 123 groups used in the generic auction rules (see 47 C.F.R. � 1.2110(b)(2)) and the narrowband auction rules (see 47
• http://wireless.fcc.gov/auctions/25/releases/da991585.pdf http://wireless.fcc.gov/auctions/25/releases/da991585.txt http://wireless.fcc.gov/auctions/25/releases/da991585.wp
  • for September 28, 1999, applicants must therefore comply with the uniform Part 1 ownership disclosure standards. In particular, short-form applicants should pay close attention to the requirements set forth in Sections 1.2105 and 1.2112 of the rules. And, because the Commission adopted the 3 general broadcast attribution rules and specific attribution rules devised for broadcast auctions, set forth in Sections 73.3555 and 73.5008 of the Commission's rules, for the purpose of determining eligibility for the new entrant bidding Reconsideration Order, at �� 71-82; Further Order, FCC 99-201 (rel. Aug. 5, 1999). 4 credit, applicants seeking new entrant bidding credits must also provide the ownership information for itself and its 4 attributable interest-holders, as defined by Section 73.3555 and note 2 of
• http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
  • attributable interest in a bidder 118 would include all officers and directors of a corporate bidder; an owner of 5% or more of the voting stock of a corporate bidder; all partners and limited partners of a partnership bidder, unless the limited partners were sufficiently insulated; and all members of a limited liability company unless insulated. See 47 C.F.R. � 73.3555 Note 2. The spouse or other close family members of an individual bidder would not automatically be regarded as having an attributable interest in the bidder, but the Commission would decide attribution issues in this context based on the factors traditionally considered to be relevant. See Clarification of Commission Policies Regarding Spousal Attribution, 7 FCC Rcd 1920 (1992). Thus, for
• http://wireless.fcc.gov/auctions/25/releases/fc990201.pdf http://wireless.fcc.gov/auctions/25/releases/fc990201.txt http://wireless.fcc.gov/auctions/25/releases/fc990201.wp
  • (multiple ownership rules have twofold objective of fostering maximum competition in broadcasting and promoting "diversification of programming sources and viewpoints"). Under our current general broadcast attribution rules, debt and nonvoting equity interests of any size (even those 6 over 50%) are generally not attributable, while voting interests of only 5% or more are regarded as attributable. See 47 C.F.R. � 73.3555 Note 2. Certain significant nonvoting equity interests are cognizable, however, under the Commission's existing broadcast cross-interest policy. See infra � 11. 3 filing deadline for that auction. See id. at � 71. 4. As explained in detail in the MO&O, we believed that utilizing our well-established broadcast attribution rules to determine eligibility for the new entrant bidding credit in broadcast
• http://wireless.fcc.gov/auctions/28/releases/da992958.doc http://wireless.fcc.gov/auctions/28/releases/da992958.pdf http://wireless.fcc.gov/auctions/28/releases/da992958.txt
  • C.F.R. � 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. D. Other Information (Form 175 Exhibits D & E) Applicants owned
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • attributable interest in a bidder 118 would include all officers and directors of a corporate bidder; an owner of 5% or more of the voting stock of a corporate bidder; all partners and limited partners of a partnership bidder, unless the limited partners were sufficiently insulated; and all members of a limited liability company unless insulated. See 47 C.F.R. � 73.3555 Note 2. The spouse or other close family members of an individual bidder would not automatically be regarded as having an attributable interest in the bidder, but the Commission would decide attribution issues in this context based on the factors traditionally considered to be relevant. See Clarification of Commission Policies Regarding Spousal Attribution, 7 FCC Rcd 1920 (1992). Thus, for
• http://wireless.fcc.gov/auctions/28/releases/fc990201.pdf http://wireless.fcc.gov/auctions/28/releases/fc990201.txt http://wireless.fcc.gov/auctions/28/releases/fc990201.wp
  • (multiple ownership rules have twofold objective of fostering maximum competition in broadcasting and promoting "diversification of programming sources and viewpoints"). Under our current general broadcast attribution rules, debt and nonvoting equity interests of any size (even those 6 over 50%) are generally not attributable, while voting interests of only 5% or more are regarded as attributable. See 47 C.F.R. � 73.3555 Note 2. Certain significant nonvoting equity interests are cognizable, however, under the Commission's existing broadcast cross-interest policy. See infra � 11. 3 filing deadline for that auction. See id. at � 71. 4. As explained in detail in the MO&O, we believed that utilizing our well-established broadcast attribution rules to determine eligibility for the new entrant bidding credit in broadcast
• http://wireless.fcc.gov/auctions/32/releases/d992585b.doc http://wireless.fcc.gov/auctions/32/releases/d992585b.txt
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://wireless.fcc.gov/auctions/32/releases/d992585c.doc http://wireless.fcc.gov/auctions/32/releases/d992585c.txt
  • C.F.R. � 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, have attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control its license or construction permit to an entity not qualifying for the same level of bidding credit. OWNERSHIP DISCLOSURE REQUIREMENTS All applicants must comply with the uniform Part 1
• http://wireless.fcc.gov/auctions/32/releases/da011441.doc http://wireless.fcc.gov/auctions/32/releases/da011441.pdf http://wireless.fcc.gov/auctions/32/releases/da011441.txt
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • attributable interest in a bidder 118 would include all officers and directors of a corporate bidder; an owner of 5% or more of the voting stock of a corporate bidder; all partners and limited partners of a partnership bidder, unless the limited partners were sufficiently insulated; and all members of a limited liability company unless insulated. See 47 C.F.R. � 73.3555 Note 2. The spouse or other close family members of an individual bidder would not automatically be regarded as having an attributable interest in the bidder, but the Commission would decide attribution issues in this context based on the factors traditionally considered to be relevant. See Clarification of Commission Policies Regarding Spousal Attribution, 7 FCC Rcd 1920 (1992). Thus, for
• http://wireless.fcc.gov/auctions/32/releases/fc990201.pdf http://wireless.fcc.gov/auctions/32/releases/fc990201.txt http://wireless.fcc.gov/auctions/32/releases/fc990201.wp
  • (multiple ownership rules have twofold objective of fostering maximum competition in broadcasting and promoting "diversification of programming sources and viewpoints"). Under our current general broadcast attribution rules, debt and nonvoting equity interests of any size (even those 6 over 50%) are generally not attributable, while voting interests of only 5% or more are regarded as attributable. See 47 C.F.R. � 73.3555 Note 2. Certain significant nonvoting equity interests are cognizable, however, under the Commission's existing broadcast cross-interest policy. See infra � 11. 3 filing deadline for that auction. See id. at � 71. 4. As explained in detail in the MO&O, we believed that utilizing our well-established broadcast attribution rules to determine eligibility for the new entrant bidding credit in broadcast
• http://wireless.fcc.gov/auctions/37/releases/da010119.doc http://wireless.fcc.gov/auctions/37/releases/da010119.txt
  • C.F.R. � 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. Summit contends that the Commission should make allowances for small businesses
• http://wireless.fcc.gov/auctions/37/releases/da010119e.pdf
  • decides attribution issues 28 See 47 C.F.R. � 1.2105(c)(4)(i), (ii). 29 The fact that, on March 19, 2001, a bidder has a pending or granted application to assign or transfer control of a media interest shall not be sufficient to avoid attribution. Bidders must have consummated the transaction by March 19, 2001 to avoid attribution. 30 See 47 C.F.R. � 73.3555 Note 2. 14 in this context based on certain factors traditionally considered relevant.31 Bidders should note that the mass media attribution rules were recently revised.32 Bidders are also reminded that, by the New Entrant Bidding Credit Reconsideration Order, the Commission further refined the eligibility standards for the New Entrant Bidding Credit, judging it appropriate to attribute the media interests held
• http://wireless.fcc.gov/auctions/37/resources/L_Scanlan.pdf
  • bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 Check box on Form 175 Profile Page Include Exhibit C with certification and appropriate information Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass communication 25% -attributable interest in no more than 3 mass media facilities �Existing interests may not be in "same
• http://wireless.fcc.gov/auctions/58/comments/da041639-DEprogramsup.pdf
  • Competitive Bidding, Sixth Report and Order, 11 FCC Rcd 136, 143 �11 (1995). 8/ When an agency operates only one program aimed at fostering a vital objective, the repeal of that program could trigger heightened judicial scrutiny. Recently, the Commission tried to repeal its only program aimed specifically at fostering minority television ownership, the "Failing Station Solicitation Rule," 47 C.F.R. �73.3555 n. 7, which required a waiver applicant to provide notice of the sale to potential out-of-market buyers before it could sell its failed, failing, or unbuilt television station to an in-market buyer. In Prometheus Radio Project v. FCC, Slip Op., pp. 94-95 (3d Cir., June 26, 2004) ("Prometheus"), the Court held that the Commission "entirely failed to consider an important
• http://wireless.fcc.gov/auctions/62/Form175.pdf
  • to high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass communication 25% -attributable interest in no more than 3 existing mass media facilities �Existing interests may not be in
• http://wireless.fcc.gov/auctions/64/resources/Auc_64_04_175%20revA.pdf
  • to winning bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whose other media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interest in winning bidder 35% -no attributable interest in any other media of mass communication 25% -attributable interest in no more than 3 existing mass media facilities Existing interests may not
• http://wireless.fcc.gov/auctions/70/resources/175Presentation.pdf
  • high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline 12/6/2006 Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 12/6/2006 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass communication 25% -attributable interest in no more than 3 existing mass media facilities �Existing interests may not be
• http://wireless.fcc.gov/auctions/79/resources/175Presentation.pdf
  • to high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass communication 25% -attributable interest in no more than 3 existing mass media facilities �Existing interests may not be in
• http://wireless.fcc.gov/auctions/80/releases/da992824.doc http://wireless.fcc.gov/auctions/80/releases/da992824.pdf http://wireless.fcc.gov/auctions/80/releases/da992824.txt
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://wireless.fcc.gov/auctions/81/releases/da001383.doc http://wireless.fcc.gov/auctions/81/releases/da001383.pdf http://wireless.fcc.gov/auctions/81/releases/da001383.txt
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://wireless.fcc.gov/auctions/82/releases/da011300.doc http://wireless.fcc.gov/auctions/82/releases/da011300.pdf http://wireless.fcc.gov/auctions/82/releases/da011300.txt
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://wireless.fcc.gov/auctions/82/releases/da02155.pdf http://wireless.fcc.gov/auctions/82/releases/da02155.txt
  • days after the communication occurs. Amendment of Part 1 of the Commission's Rules � Competitive Bidding Procedures, Seventh Report and Order, FCC 00-1270, at 10 (rel. Sept. 27, 2001). 11 Auction No. 82 Procedures Public Notice at 4-5 and Attachment E. 12 47 C.F.R. �� 1.2105(c), 1.2107(d), and 1.2109(d). 13 47 C.F.R. �1.2109(d). 14 See 47 C.F.R. �� 73.5007; 73.5008; 73.3555. (Sorted by Applicant) Date of Report: 01/16/2002 01/16/2002 The following Applicants have been found 'Qualified' : FCC New Analog Television Stations Auction Qualified Bidders - Public Notice Qualified Bidders - Public Notice 82 Upfront Payment Maximum Eligibility FCC Account #Name (Bid - Units) ATTACHMENT A Auction ID: 0821455127 Equity Broadcasting Corporation $345,000.00 345,000 0821523136 George S Flinn $345,000.00 345,000 0821529099
• http://wireless.fcc.gov/auctions/85/175-Presentation.pdf
  • to high bid amount if bidder meets designated entity criteria established in broadcast auction rules Two tiers: 25% and 35% Apply on Form 175 -New Entrant Eligibility page No opportunity to apply after initial filing window deadline Rules 47 C.F.R. Section 73.5007 -Designated Entity Provisions 47 C.F.R. Section 73.5008 -Definitions Applies general broadcast attribution provisions of rule 47 C.F.R. Section 73.3555, note 2 Eligibility Whoseother media interests are counted in establishing eligibility? We consider other media interests held by winning bidder, and by any entity or individual with attributable interestin winning bidder 35% -no attributable interest in any other media of mass communication 25% -attributable interest in no more than 3 existing mass media facilities Existing interests may not be in
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=28
  • in 47 C.F.R. 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities Bidding credits are not cumulative. A qualifying applicant receives either the 25 percent or 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. 73.3555 and Note 2 of that section. [50]Return to Top Arrow Return To Top Last reviewed/updated on 8/16/2006 [51]FCC Home [52]Search [53]RSS [54]Updates [55]E-Filing [56]Initiatives [57]Consumers [58]Find People General Auctions Information [59]Licensing, Technical Support and Website Issues [60]Auctions Contact Information - [61]Forgot Your Password? - [62]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC
• http://wireless.fcc.gov/auctions/general/releases/fc000274.doc http://wireless.fcc.gov/auctions/general/releases/fc000274.pdf http://wireless.fcc.gov/auctions/general/releases/fc000274.txt
  • 74. Part 1 Third Report and Order, 13 FCC Rcd at 417, � 73. Id. at 417-18, � 73. For purposes of our anti-collusion rules, the term ``applicant'' is defined to include entities that have a 10 percent or greater interest in the applicant. 47 C.F.R. � 1.2105(c)(6)(i). See, e.g., 47 C.F.R. �� 20.6(d) (CMRS spectrum cap), 22.942(d) (cellular cross-interest), 73.3555 Note 2 (broadcast multiple ownership), 76.501 Note 2 (cable cross-ownership). FCBA Reply Comments at 21; AT&T Comments at 5. See 47 C.F.R. � 1.2112(b); compare 47 C.F.R. � 1.2112(a) with � 1.2112(b). See 47 C.F.R. � 24.813 (1997). This section was subsequently removed from the Code of Federal Regulations. See Biennial Regulatory Review -- Amendment of Parts 0, 1, 13,
• http://wireless.fcc.gov/auctions/general/releases/fc970413.pdf http://wireless.fcc.gov/auctions/general/releases/fc970413.txt http://wireless.fcc.gov/auctions/general/releases/fc970413.wp
  • definition of the term "minority" contained in Statistical Policy Directive No. 15, Race and Ethnic Standards for Federal Statistics and Administrative Reporting. See 62 Fed. Reg. 58782 (October 30, 1997). We note that these restrictions differ from the benchmarks used to attribute ownership of broadcast stations for 482 purpose of our multiple ownership restrictions set forth in 47 C.F.R. � 73.3555, where the intent is to identify ownership interests in, or relationships to, a licensee potentially conferring the ability to influence or control the operations of a licensee, including core functions, such as programming. Notice of Proposed Rulemaking in MM Docket No. 94-150, et al. 10 FCC Rcd 3606, 3614 (1995); Attribution of Ownership Interests, 97 FCC 2d 997, 999, 1005
• http://wireless.fcc.gov/auctions/general/releases/fc990244.doc http://wireless.fcc.gov/auctions/general/releases/fc990244.pdf
  • MM Dockets 94-150, 92-51, 87-154, Report and Order, FCC 99-207 (rel. Aug. 6, 1999) �� 8-15. Triton comments at 8-9. See AT&T comments at 10 n. 37; Chase comments at 6 (Chase only argues that directors from non-controlling institutional investors should not be attributed). For that reason, the broadcast and cable attribution rules also attribute directors. See 47 C.F.R. �� 73.3555 note 2(h), 76.501 note 2(h). Sonera comments at 3. See 47 C.F.R. � 20.6(d)(6). Parties involved with joint ventures, even in other geographic areas, with another licensee in the same market should seek a determination from the Commission regarding whether such interests are permissible under the spectrum cap. ``Waivers of � 20.6(d) may be granted upon an affirmative showing: (1)
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00195.doc
  • or to a distributor.'' 17 U.S.C. �122(j)(4). 47 U.S.C. �338(h)(7). 47 U.S.C. �325(b)(7)(B). See 47 U.S.C. �534(h)(2). See 47 U.S.C. �535(l)(1) Broadcast Signal Carriage Order, 8 FCC Rcd at 2973. Satellite stations replicate substantially all of the programming of another full power television station in a market and also broadcast a minimum amount of original programming. See generally 47 C.F.R. �73.3555 at note 5. 47 U.S.C. �338(h)(1). 47 U.S.C. �338(h)(3). 17 U.S.C. �122(j)(2)(A). 17 U.S.C. �122(j)(2)(B). 17 U.S.C. �122(j)(2)(C). See 47 C.F.R. �76.55(e)(2). 47 C.F.R. �76.55(e)(2)(i). 47 U.S.C. �534(h)(1)(C). Id.; 47 C.F.R. �76.59. See Carriage of the Transmissions of Digital Television Broadcast Stations: Amendment of Part 76 of the Commission's Rules, Notice of Proposed Rulemaking, CS Docket No. 98-120, 13 FCC
• http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.doc http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.pdf http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.txt
  • programming sales (which it vacated). In this proceeding, we are only soliciting comment on the two aspects of the Commission's attribution rules that the D.C. Circuit vacated. See 47 C.F.R. � 76.501 Note 2(a); see also Senate Report at 80 (``. . . it is the intent of the Committee that the FCC use the attribution criteria set forth in 73.3555 (notes) or other criteria the FCC may deem appropriate);'' Second Report, 8 FCC Rcd at 8580-81, 8591-92 (concluding that the broadcast and cable attribution criteria serve the same objective, namely to identify ownership thresholds that impart the potential to influence or control an entity's programming or managerial decisions). The Commission found that the rationale underlying the 1984 adoption of the
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • at 38; MediaOne Comments at 26-28. MediaOne Comments at 26-28. See Report of the Senate Committee on Commerce, Science and Transportation, S. Rep. No. 92, 102d Cong., 1st Sess. 80 (1991) (``Senate Report'') (``In determining what is an attributable interest, it is the intent of the Committee that the FCC use the attribution criteria set forth in 47 C.F.R. � 73.3555 (notes) [the broadcast attribution rules] or other criteria the FCC may deem appropriate.''). Broadcast Attribution Report and Order at para. 46. See Implementation of Section 11(c) of the Cable Television Consumer Protection and Competition Act of 1992, Third Report and Order, MM Docket No. 92-264, FCC No. 99-289 (Oct. 20, 1999) (``Horizontal Ownership Third Report and Order''). Broadcast Attribution Report
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.txt
  • Order on Reconsideration at para. 40. RCN Comments at 20. Second Report and Order at para. 16. Id. Id. at para. 17. Cablevision Comments at 13 n.18; Bresnan Comments at 5, 22-23; TCI Comments at 49-53 See, e.g., Adelphia et al. Comments at 29; Bresnan Comments at 25-26; MediaOne Comments at 40; Time Warner Comments at 24-25. 47 C.F.R. � 73.3555(e)(2)(I). Id. See Adelphia et al. Comments at 32. See Second Order on Reconsideration at para. 77. 47 C.F.R. � 76.504(b) (emphasis added). 47 C.F.R. � 76.504(d). 47 C.F.R. � 76.504(e). Second Report and Order at para. 28. Id. Id. Id. Further Notice at para. 32. Id. CU Motion to Vacate Stay of Enforcement of Horizontal Ownership Limits, MM Docket No.
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.txt
  • No. 102-862, 102d Cong., 2d Sess. (1992). See DBS NPRM, 13 FCC Rcd at 6938 � 56. See id. at 6939 � 58 n.132. See id. at 6939 � 58. See Applicants' March 21 Supplemental Information at 12-14. See, e.g., 47 C.F.R. � 76.501 n.2(a) (cable/broadcast station cross-ownership rule); 47 C.F.R. 76.503 n.2 (cable horizontal ownership rule); 47 C.F.R. � 73.3555 n.2(a) (broadcast multiple ownership rules); 47 C.F.R. � 21.912 n.1(a) (cable/MMDS cross-ownership rule). Cf. In re AMRC Application for Authority to Construct, Launch, and Operate, File Nos. 72-SAT-AMEND-97, 10/11-DSS-P-9312/15/92, 26/27-DSS-LA-931/15/93, 83/84-SAT-AMEND-953/10/95, 72-SAT-AMEND-97, Order and Authorization, 13 FCC Rcd 8829, 8842 � 27 (1997) (requiring WorldSpace to seek Commission approval prior to exercising options to purchase additional shares of ARMC); In
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • (CMRS) providers to establish a local number portability (LNP) capability in their networks. Mass Media Bureau On August 6, 1999, we released the Local Television Ownership Report and Order and the National Television Ownership Report and Order. In the Local Television Ownership Report and Order, we revised the local television ownership rules - the ``TV duopoly'' rule, 47 C.F.R. � 73.3555(b), and the radio-television cross-ownership or ``one-to-a-market'' rule, 47 C.F.R. � 73.3555(c) - to respond to ongoing changes in the broadcast television industry. In the National Television Ownership Report and Order, we modified the method of calculating stations' audience reach and made some minor changes in which stations would be counted for purposes of the national TV ownership rule. On June
• http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/2001/fcc01091.txt
  • Section 303(y). See 47 U.S.C. � 309(j)(3)(A)-(B), (D). See 47 U.S.C. � 309(j)(3)(D). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 483-87, �� 15-25. See 47 C.F.R. Part 73 (Broadcast Radio Services). See Upper 700 MHz First Report and Order, 15 FCC Rcd at 484-85, �17. Id. Id. See 47 U.S.C. � 309(j)(14)(C)-(D); 47 C.F.R. � 73.3555(b), (d). Because we did not permit the use of the spectrum by full power broadcasting in the Upper 700 MHz proceeding, we had no occasion to consider imposing any eligibility restrictions based on our broadcasting rules. See Upper 700 MHz First Report and Order, 15 FCC Rcd at 485-86, � 19. See id. at 483 n.37. We noted that under
• http://www.fcc.gov/Bureaus/International/Orders/2000/da001474.doc
  • that ``Through an indirect subsidiary, Ameritech (and therefore SBC) indirectly holds a 41.6 percent, de facto controlling interest in Tele Danmark.''). See CompTel comments at 2. Id. Id. See SBCS reply comments at 2. See Amendment of the Commission's Rules to Establish New Narrowband Personal Communication Services, 9 FCC Rcd 4519, � 13 (1994) (referring to Note 2 to Section 73.3555 of the Commission's rules, 47 C.F.R. � 73.3555, which states ``... except that wherever the ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes of this multiplication.''). Federal Communications Commission DA 00-1474 Federal Communications Commission DA 00-1474 � � (R) � � � F t � 9 : 9 : �
• http://www.fcc.gov/Bureaus/MB/Orders/2002/fcc02113r.pdf http://www.fcc.gov/Bureaus/MB/Orders/2002/fcc02113r.txt
  • applications for consent to the transfer of control of eleven full power television stations and seventeen low power and television translator stations held by subsidiaries of Telemundo Communications Group, Inc. (Telemundo) from Telemundo to TN Acquisition Corporation, a subsidiary of the National Broadcasting Company, Inc. (NBC). NBC has requested a twelve-month period of time to come into compliance with Section 73.3555(b) of the Commission's Rules in order to permit it to temporarily own three television stations in the Los Angeles television market. 1 A coalition of Hispanic public interest groups (Hispanic Groups)2 filed a petition to deny the transaction and Paxson Communications Corporation (Paxson) filed a petition to deny and request for declaratory ruling.3 For the reasons stated below, we deny
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98037.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98037.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98037.wp
  • existing broadcast ownership rule. Additionally, although these subjects are referred to in Section 202(f)(2) of the Telecom Act, the Commission has not revised any rules pertaining to ensuring cable carriage, channel positioning, or nondiscriminatory treatment of broadcast stations by cable systems. Accordingly, these subjects, will not be expressly and separately addressed except as set forth below. 13 47 C.F.R. � 73.3555(b). This rule is currently under consideration in MM Docket Nos. 91-221 and 87-8. See Notice of Proposed Rule Making in MM Docket No. 91-221, 7 FCC Rcd 4111(1992); TV Ownership Further Notice, supra; Second Further Notice of Proposed Rule Making in MM Docket Nos. 91-221 and 87-8, 11 FCC Rcd 21655 (1996). 14 47 C.F.R. � 73.3555(c). This rule is
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98057.wp
  • maps to demonstrate compliance with our local radio ownership rules. We propose to rely on applicant certifications in place of contour maps. An applicant would be in a position to make this local radio ownership certification only after completing a worksheet.56 To the extent a proposed transaction would involve more than one "market," as that term is defined in Section 73.3555(a)(4)(ii), we would require the applicant to complete the worksheet with regard to each such market. We seek comment on this proposal. In particular, we seek comment on whether our elimination of the requirement that applicants submit contour Federal Communications Commission FCC 98-57 57 See 47 U.S.C. � 309(d). 58 See 5 U.S.C.A. � 553(b)(3)(A). 59 See 47 C.F.R. � 73.316(c).
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  • to permit the use of this methodology to calculate protected service contours for the purposes of demonstrating: the lack or existence of overlap; or compliance or non- compliance with contour limitations for boosters, fill-in translators, or auxiliary facilities. 34. We also propose not to consider PTP showings in the context of demonstrating compliance with the multiple ownership requirements of Section 73.3555. In instances involving the major radio markets, multiple ownership studies often involve dozens of stations. Selective application of the PTP method to some, but not all stations in a relevant market would invite disputes where contradictory results could occur. Conversely, in light of the sometimes radical differences between PTP calculations and standard predicted contours, utilizing the PTP method for all
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  • many communities throughout the country have experienced increased consolidation of radio station ownership. In this proceeding, we seek to examine the effect that this consolidation has had on the public and to consider possible changes to our local radio ownership rules and policies to reflect the current radio marketplace. 1 47 U.S.C. �� 309(a); 310(d). 2 See 47 C.F.R. � 73.3555(a) for the current version of the local radio ownership rule. In addition to limiting the number of radio stations that may be commonly owned, the local radio ownership rule in effect between 1992 and 1996 presumed that acquisitions of radio stations that proposed a combined audience share greater than 25% were contrary to the public interest. 3 Pub. L. No.
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  • discussed market entry barriers in the mass media services. See Policy Statement, 62 Fed. Reg. 34648 (1997). 181 See Section 257 Proceeding NOI, 11 FCC Rcd 6280, 6299 (1996). This is also the definition generally used by the federal government in its standard Equal Employment Opportunity construction contract specifications. See 41 CFR � 60-4.3(a). See also former 47 C.F.R. � 73.3555(e)(3)(iv). We also note that Section 309(i)(3)(C) of the Communications Act of 1934, as amended, 47 U.S.C. � 309(i)(3)(C), uses essentially the same definition for the purposes of random application selection: "Blacks, Hispanics, American Indians, Alaska Natives, Asians, and Pacific Islanders." Our 1978 Policy Statement on minority ownership had listed these groups as including those of Black, Hispanic Surnamed, American Eskimo,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da992384.doc
  • Channel 24 (NBC), Chico, California and television translator station K18AO, Oroville, California to Grapevine Broadcasting of Chico, L.L.C. (BTCCT-990820IM and BTCTT-990820IN). 2. After the proposed transfer of control, the Grade B contours of stations directly or indirectly controlled by Grapevine will overlap with certain of the GOCOM stations in a manner conflicting with the Commission's existing television duopoly rule, Section 73.3555(b), which proscribes common ownership of stations whose Grade B contours overlap. Specifically, the Grade B contours of WALB-TV, Channel 10 (NBC), Albany, Georgia and WGXA(TV) overlap; the Grade B contours of KODE-TV, Channel 12 (ABC), Joplin, Missouri and KSPR(TV) overlap; and the Grade B contour of WWAY(TV), Channel 3 (ABC), Wilmington, North Carolina overlaps with the Grade B contours of
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  • in connection Federal Communications Commission FCC 99-55 _________________________________________________________________ 50 We note, however, that we proposed in the Notice to limit the PTP methodology to certain narrow circumstances. Notice, 13 FCC Rcd at 14864-65. Moreover, we tentatively rejected the use of this model to determine the number of available signals for purposes of complying with the multiple ownership requirements of Section 73.3555, a context similar to that which Reynolds proposes here. 47 C.F.R. � 73.3555; see Notice, 13 FCC Rcd at 14864-65. 51 47 U.S.C. � 309(d); see 47 C.F.R. � 73.3584. Reclassified applications will be accorded cut-off protection as of their actual filing dates. Applicants whose applications are so reclassified may seek refund of the difference between fees paid for major
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  • Further Notice of Proposed Rule Making in MM Docket Nos. 91-222 & 87-8, 10 FCC Rcd 3524 (1995) as "Local Ownership Further Notice." In addition, we will refer to the Notice of Proposed Rule Making in MM Docket Nos. 96-222, 91-221, & 87-8, 11 FCC Rcd 19949 (1996) as "TV National Ownership NPRM." 4 See Notes to 47 C.F.R. � 73.3555. The following corporate interests are generally attributable under the existing attribution rules for purposes of applying the broadcast multiple ownership rules: voting stock interests amounting to five percent or more of the outstanding voting stock, except for passive investors (i.e., bank trust departments, insurance companies, and mutual funds) for which there is a ten percent benchmark; and positions as officers
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  • within their market for Federal Communications Commission FCC 99-208 4 Notice at 19954-56. We sought comment on this issue in the Notice of Inquiry in MM Docket No. 98-35, 13 FCC Rcd 11276, 11284-85 (1998) ("1998 Biennial Review"). 5 Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996). 6 Order, 11 FCC Rcd 12374 (1996). See 47 C.F.R. � 73.3555(e) (setting forth the amended rule). 7 47 C.F.R. � 73.3555(e)(2)(i). 8 Id. 9 Id. 10 47 C.F.R. � 73.3555(e)(2)(ii). - 2 - purposes of the national rule, will be addressed in the biennial review of our broadcast ownership rules that was initiated in 1998.4 BACKGROUND 2. Pursuant to Section 202(c)(1) of the Telecommunications Act of 1996 (the "1996 Act"),5 the
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  • mandate is to promote competition, because competition promotes Federal Communications Commission FCC 99-209 50 TV Ownership Further Notice, 10 FCC Rcd at 3532. 51 See F. M. Scherer and David Ross, Industrial Market Structure and Economic Performance, Third Edition, Houghton Mifflin Co., Boston, 1990 at 19-28. 52 See, e.g., Second Report and Order, In the Matter of Amendment of Section 73.3555 of the Commission's Rules, the Broadcast Multiple Ownership Rules, MM Docket No. 87-7, 4 FCC Rcd 1741, 1745 (1989) (Second Report and Order). 53 See Joseph E. Stiglitz, Economics, Second Edition, 1997, W. W. Norton & Company, New York at 346. 54 See TV Ownership Further Notice, 10 FCC Rcd at 3535. 14 consumer welfare and the efficient use of
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  • Salisbury Broadcasting Colorado, LLC's ("Salisbury") acquisition of five stations from Moss Entertainment. Western Slope argues that the staff procedurally erred in finding no prima facie case that AGM and Salisbury are commonly controlled and that their interests should therefore be attributed to each other in determining whether the transactions are consistent with our broadcast multiple ownership rules, 47 C.F.R. � 73.3555. It also argues that the staff erred procedurally in declining to consider evidence it submitted at the petition for reconsideration stage. We find no error, however, and accordingly shall deny the Application for Review. Discussion . Finding of No Prima Facie Case. Section 309(d)(1) of the Communications Act, as explained in Astroline Communications v. FCC, 857 F.2d 1556 (D.C. Cir.
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  • permitted in all markets regardless of voice count). Instead, ABC would process these applications in the order received. Discussion . Applications Subject to Random Selection. We will include in a lottery all transfer and assignment applications relating to stations in the same market that are filed on the same day and that must comply with a voice count under Sections 73.3555(b) and (c) of our rules for grant. Such voice count dependent applications will be assigned, by random selection, a processing priority number. These applications will be processed in order of the date filed and, among applications filed on the same day, in order of their assigned processing priority number. We will not include in a lottery, and will not assign
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  • Fernando, California; KBUE(FM), Long Beach, California; KKHK(AM), Los Angeles, California; KWIZ(AM), Santa Ana, California; and KWIZ-FM, Santa Ana, California. These stations are licensed to Liberman Broadcasting, Inc., a subsidiary of KRCA's parent corporation - Liberman Television, Inc. Therefore, KRCA's ownership of the modified facilities of KRCA and these stations would be prohibited by the Commission's ``one-to-a-market'' rule, 47 C.F.R. � 73.3555(c), which prohibits the common ownership of radio and television stations in the same market if the 2 mV/m contour of the AM station or the 1 mV/m contour of the FM station encompasses the entire community of license of a television station or, conversely, if the Grade A contour of a television station encompasses the entire community of license of
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  • Area (DMA) (as determined by Nielsen Media Research) if: 1) the Grade B contours of the stations do not overlap; or 2) if at least one of the stations is not ranked among the top four stations in the DMA and more than eight independently owned commercial and noncommercial television stations are licensed in the DMA. See 47 C.F.R. � 73.3555(b) (1999). Here, both WBKP(TV) and proposed Channel 10 are within the Marquette, MI DMA, which does not have operating at least eight independently owned commercial and noncommercial television stations. Accordingly, Scanlan's operation of WBKP(TV) and proposed Channel 10 as full-service television stations would violate the current duopoly rule. See In the Matter of Review of Commission's Regulations Governing Television Broadcasting,
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  • 62 television translator and low power television stations from Lee. To permit timely closing of the transaction, Emmis requests a temporary, six-month waiver of the television duopoly rule in the Honolulu, Hawaii market. Emmis also requests a continuing satellite exception to the television duopoly rule in both the Honolulu, Hawaii, and Wichita-Hutchinson, Kansas markets, pursuant to Note 5 of Section 73.3555 of the Commission's rules. Grape Radio (``Grape''), permittee of KRAZ(FM), Santa Ynez, California, filed an informal objection on June 30, 2000. Temporary Duopoly Waiver Request Emmis wholly owns Emmis Television License Corporation of Honolulu, the licensee of KHON-TV, Honolulu, Hawaii, along with its satellites KAII-TV, Wailuku, Hawaii, and KHAW-TV, Hilo, Hawaii. Upon grant of the applications, Emmis Television License Corporation
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  • an attributable interest in no more than ten stations. 23. A new Section 73.858 is added, as follows: �73.858 Attribution of LPFM station interests. Ownership and other interests in LPFM station permittees and licensees will be attributed to their holders and deemed cognizable for the purposes of �� 73.855 and 73.860 of this Subpart, in accordance with the provisions of �73.3555, subject to the following exceptions: (a) A director of an entity that holds an LPFM license will not have such interest treated as attributable if such director also holds an attributable interest in a broadcast licensee or other media entity but recuses himself or herself from any matters affecting the LPFM station. (b) A local chapter of a national or
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  • Dayton at 6; Comments of El Cerrito High School - West Contra Costa Unified School District at 6. Comments of Douglas E. Smith at 2-3. Comments of Metro Detroit Broadcasting Corporation at 5. See, e.g., Comments of Amherst at 38. Reply Comments of the National Lawyers Guild, etc. at 4. Comments of UCC, et al. at 13. 47 C.F.R. �� 73.3555 & 76.501. Comments of UCC, et al. at 13. See, e.g., Comments of the American Civil Liberties Union of Massachusetts et. al. at 6; Comments of Community Broadcasters at 9. Comments of UCC, et al. at 31-32. Comments of Civil Rights Organizations at 21-22. See, e.g., Comments of Anthony M. Marimpietri, Jr. at 2; Comments of Quinnipiac College at 2;
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  • or Class A TV station (see � 73.6025). * * * * * (5) Any decrease in the authorized power of an AM station or the ERP of a TV or Class A TV station, or any decrease or increase in the ERP of an FM commercial station, which is intended for compliance with the multiple ownership rules in � 73.3555. * * * * * (7) Any increase in the authorized ERP of a television station, Class A television station, FM commercial station, or noncommercial educational FM station, except as provided for in Secs. 73.1690(c)(4), (c)(5), or (c)(7), or Sec. 73.1675(c)(1) in the case of auxiliary facilities. (8) A commercial TV or noncommercial educational TV station operating on Channels 14
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  • an NCE applicant's other interests, for purposes of applying an NCE point system, we will attribute the interests of the applicant, its parent, and its subsidiaries, their officers and members of their governing boards. This standard is similar to commercial attribution standards in which directors, officers, and voting stockholders in a commercial entity have attributable interests. See 47 C.F.R. � 73.3555 note 2. Thus, even if an NCE organization and its parent organization do not have any other broadcast interests, we would also look to the interests of officers and directors, as we do for commercial applicants. For example, if the president of an applicant for a new NCE television station also serves on the board of another local television station,
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  • it found that the Bureau properly denied Greater Media's request for waiver of Section 73.215. Id. Thus, the Commission fully considered this argument in the MO&O. In the Television R&O, the Commission adopted a new method of counting the number of radio stations in a market for purposes of determining permissible levels of radio-television ownership concentration under 47 C.F.R. � 73.3555. See Television R&O, 14 FCC Rcd at 12951. According to Greater Media, the effect of this decision should be to broaden the definition of ``community of license'' applicable to its request for waiver of 47 C.F.R. � 73.215. However, nothing in the Television R&O modified the Commission's well-settled definition of ``community of license.'' Examination of the Petition for Reconsideration reveals
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  • our multiple ownership rules. C. Satellite Waivers We next consider the proposal of Viacom to continue operating stations KCCO-TV, Alexandria, Minnesota, and KCCW-TV, Walker, Minnesota, as satellites of WCCO-TV, Minneapolis, Minnesota and station WJMN-TV, Escanaba, Michigan as a satellite of WFRV-TV, Green Bay, Wisconsin. Viacom requests a continuing satellite exemption of the local television multiple ownership rule, 47 CFR � 73.3555(b), with respect to WCCO-TV, KCCO-TV, and KCCW-TV, which are all located in the Minneapolis-St. Paul, Minnesota DMA. A satellite exemption is no longer required to permit common ownership of WJMN-TV and WFRV-TV pursuant to the local television multiple ownership rule, 47 CFR �73.3555(b), as they are licensed to separate DMAs. Viacom requests, instead, a waiver of the main studio rule,
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  • and 1,236 college newspapers published in all 50 states and the District of Columbia. Many of these newspapers, however are not published daily, are not in the English language, and are not circulated generally in the community of publication, or have insufficient circulation in the DMA. IV. RULES A. National TV Ownership Rule and UHF Discount 1. Regulatory History Section 73.3555(e)(1) sets forth the current national TV ownership rule. That section states: No license for a commercial TV broadcast station shall be granted, transferred or assigned to any party (including all parties under common control) if the grant, transfer, or assignment of such license would result in such party or any of its stockholders, partners, members, officers or directors, directly or
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  • assignment of radio station WFOX(FM), Gainesville, Georgia, from Chancellor Media/Shamrock Radio Licenses, L.L.C. (``Chancellor'') to Cox Radio, Inc. (``Cox''). Chancellor's parent is AMFM, Inc. Because a subsidiary of Cox publishes two newspapers in Atlanta, Georgia, which is encompassed by the 1 mV/m contour of WFOX(FM), Cox also requests a temporary waiver of the Commission's daily newspaper/broadcast cross-ownership rule, 47 C.F.R. 73.3555(d). BACKGROUND 2. Section 73.3555(d)(2) of the Commission's rules, 47 C.F.R. Section 73.3555(d)(2), prohibits the grant of an FM broadcast station license to ''any party (including all parties under common control) if such party directly or indirectly owns, operates or controls a daily newspaper and the grant of such license will result in . . . [t]he predicted 1 mV/m contour
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  • radio ownership numerical limits, and the competitive concerns of the Commission and the DOJ. DOJ subsequently disapproved several proposed third party buyers, and Clear Channel re-filed divestiture applications for some of those stations in early June. In the beginning of May, Clear Channel filed multiple ownership showings to demonstrate compliance with the Commission's multiple ownership rules. See 47 C.F.R. � 73.3555(a) & (c). To satisfy the Commission's local radio ownership and radio-television cross-ownership rules, and the concerns of the Commission and the DOJ about impacts on competition, Clear Channel and AMFM propose, concurrently with the merger, to divest 122 radio stations in local radio markets in 37 areas to either third party buyers or to an insulated trust. Clear Channel and
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  • (The MIT Press 1994). Data is as of June 1999. See Annual Assessment of the Status of Competition in Markets for the Delivery of Video Programming, CS Docket No. 99-230, Sixth Annual Report, 15 FCC Rcd 978, 989, � 20 (2000). Id. at 984, � 15. (last visited Sept. 29, 2000)]. (last visited Sept. 29, 2000)]. See 47 C.F.R. �� 73.3555, 76.501(a). See Thomas E. Weber, Online: Web Radio: No Antenna Required, Wall St.J., July 28, 1999, at B1. See League of Women Voters, 468 U.S. at 377 n.11 (``We are not prepared, however, to reconsider our longstanding approach without some signal from Congress or the FCC that technological developments have advanced so far that some revision of the system of
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  • in the third sentence is deleted and the phrase ``the notes to'' is deleted from the fourth sentence. The corrected third and fourth sentences of paragraph 81 read as follows: ``DeLaHunt also believes that Subpart I, governing auctions of non-reserved channels, counts attributable interests in noncommercial stations for determining whether an applicant qualifies for a bidding credit. In amending Section 73.3555, we meant to clarify that commercial attribution standards also apply to NCE stations, to the extent that attribution is relevant to such stations.'' 4. Appendix D, Section 2, FM Translator Closed Groups, is amended by deleting the following non-mutually exclusive FM translator applications that were inadvertently included in Appendix D: MX GROUP NO. LEAD C.O. DATE FILE NUMBER CITY ST
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  • and tie breakers, are based on whether the applicant also has interests in other broadcast stations, we established attribution rules for NCE organizations. These rules are similar to those applicable to commercial broadcasters, attributing the interests of the applicant, its parents, and its subsidiaries, their officers and members of their governing boards. To implement these attribution standards we modified Section 73.3555 of our rules concerning ownership. The rule, which previously stated that none of its provisions applied to NCE applicants, now says that the rule, including its attribution provision, is applicable to NCE applicants to the extent that they are compared pursuant to Subpart K, which sets forth our new comparative criteria. DeLaHunt Broadcasting states that the relevance of attribution to
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  • the Commission eliminated the 12-station cap and raised the 25% aggregate national audience reach limit to 35%. See Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996) (the 1996 Act); In the Matter of Implementation of Sections 202(c)(1) and 202(e) of the Telecommunications Act of 1996, National Broadcast Television Ownership and Dual Network Operations, 47 C.F.R. �� 73.658(G) and 73.3555, 11 FCC Rcd 12374 (1996) (1996 National TV Ownership Order). As the 1996 Act did not address the issue of the measurement of audience reach for the purposes of the new limits, the Commission initiated this proceeding. See Notice of Proposed Rule Making in MM Docket Nos. 87-8, 91-221, and 96-222, 11 FCC Rcd 19949, 19954-56 (1996) (Notice). In the
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  • (MMTC) National Association of Broadcasters (NAB) Pegasus Communication Corp. (Pegasus) United Church of Christ (UCC) APPENDIX B RULES Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended as follows: Part 73 RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: AUTHORITY: 47 U.S.C. �� 154, 303, 334. 2. Section 73.3555 is amended by revising paragraphs (b)(2)(iii) and (c)(3)(I) and Note 7 (2) to read as follows: � 73.3555 Multiple Ownership. * * * * * (b) Local television multiple ownership rule. An entity may directly or indirectly own, operate, or control two television stations licensed in the same Designated Market Area (DMA) (as determined by Nielsen Media Research or any
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  • actions. Although the influence of a minority shareholder may be diminished somewhat where a single majority shareholder controls the licensee, we have no reason to believe that the minority shareholder's influence is eliminated or so attenuated in such circumstances that we should ignore its ownership interest for purposes of our ownership rules. Accordingly, we will amend Note 2 of Section 73.3555 of our rules to eliminate the single majority shareholder exemption from the broadcast attribution rules. We further conclude that the single majority shareholder exemption will no longer apply to minority interests acquired on or after the adoption date of this Memorandum Opinion and Order. Accordingly, any minority interests in a company with a single majority shareholder will be grandfathered if
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  • and tie breakers, are based on whether the applicant also has interests in other broadcast stations, we established attribution rules for NCE organizations. These rules are similar to those applicable to commercial broadcasters, attributing the interests of the applicant, its parents, and its subsidiaries, their officers and members of their governing boards. To implement these attribution standards we modified Section 73.3555 of our rules concerning ownership. The rule, which previously stated that none of its provisions applied to NCE applicants, now says that the rule, including its attribution provision, is applicable to NCE applicants to the extent that they are compared pursuant to Subpart K, which sets forth our new comparative criteria. DeLaHunt Broadcasting states that the relevance of attribution to
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  • confine our decision to stations FTS already owns, for doing so would unnecessarily hinder the company's ability to expand and frustrate its reasonable expectations of doing so.'' The Commission therefore concluded that ``FTS, as presently structured may, consistent with the public interest, acquire additional broadcast stations (up to the allowable maximum set forth in our ownership rules, see 47 C.F.R. �73.3555).'' In 1998, the staff granted a short form assignment (1998 Assignment) of the stations then licensed to FTS and its subsidiaries. The applicants stated that the stations would be transferred to a new FTS; FTS would be renamed Fox Television Holdings (the current FTH); and Twentieth Holdings Corporation would be renamed Fox Entertainment Group (FEG). See attached Exhibit B. The
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  • ``Management Service Agreement'' dated December 24, 1997. Tribune also owns and operates WTIC-TV, Channel 61 (Fox), Hartford, Connecticut, which is located in the same DMA (Hartford) as, and has overlapping Grade B signal contours with, WTXX. Because this would be the second station in the DMA owned and operated by Tribune, its proposed acquisition of WTXX is governed by Section 73.3555(b)(2) of the Commission's Rules, 47 C.F.R. �73.3555(b)(2). That rule provides, in pertinent part, that the same entity may own or control two television stations in the same market so long as: (i) at the time the application is filed, at least one of the stations is not ranked among the top four stations in audience rankings in the DMA; and
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.txt
  • 73.34, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations, Docket No. 18110, Second Report & Order, 50 FCC 2d 1046, 1075 (1975) (Second Report & Order), recon. 53 FCC 2d 589 (1975), aff'd sub nom. FCC v. National Citizens Comm. for Broadcasting, 436 U.S. 775 (1978) (NCCB). 47 C.F.R. � 73.3555(d). For AM radio stations, the service contour is the 2mV/m contour, id. � 73.3555(d)(1); for FM radio stations, the service contour is the 1mV/m contour, id. � 73.3555(d)(2); for TV stations, the service contour is the Grade A contour, id. � 73.3555(d)(3). A daily newspaper is defined to be one that is published in the English language four or more
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/LPTV_Notices/da001383.doc
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585b.txt
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/d992585c.txt
  • C.F.R. � 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, have attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control its license or construction permit to an entity not qualifying for the same level of bidding credit. OWNERSHIP DISCLOSURE REQUIREMENTS All applicants must comply with the uniform Part 1
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da992824.doc
  • 1.2112. Specifically, 47 C.F.R. � 1.2105(a)(2)(ii) requires each applicant to fully disclose the real party or parties-in-interest, and the addresses and citizenship of the parties, in an exhibit to its FCC Form 175 application. Furthermore, each applicant applying for a New Entrant Bidding Credit must provide detailed ownership information for itself and its attributable interest holders, as defined by Section 73.3555 of the Commission's rules and by Note 2 to that Section. Regardless of whether a New Entrant Bidding Credit is being sought, all applicants must provide the identification and ownership information. Exhibit B -- Agreements with Other Parties/Joint Bidding Arrangements: Applicants must attach an exhibit identifying all parties with whom they have entered into any agreements, arrangements or understandings of
• http://www.fcc.gov/Bureaus/Miscellaneous/Orders/1999/fcc99146.pdf
  • The fees for each category of station are as follows: VHF Markets 1-10...............$41,225 VHF Markets 11-25...............34,325 VHF Markets 26-50...............23,475 VHF Markets 51-100.............13,150 VHF Remaining Markets.........3,400 UHF Markets 1-10...............$15,550 UHF Markets 11-25...............11,775 UHF Markets 26-50.................7,300 UHF Markets 51-100...............4,350 UHF Remaining Markets.........1,175 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $1,300 annually. Those stations designated as Television Satellite Stations in the 1999 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
• http://www.fcc.gov/Bureaus/OMD/Notices/fcc00117.doc
  • The fees for each category of station are as follows: VHF Markets 1-10...............$39,950 VHF Markets 11-25...............33,275 VHF Markets 26-50...............22,750 VHF Markets 51-100.............12,750 VHF Remaining Markets.........3,300 UHF Markets 1-10...............$15,075 UHF Markets 11-25...............11,425 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,225 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $1,250 annually. Those stations designated as Television Satellite Stations in the 2000 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
• http://www.fcc.gov/Bureaus/OMD/Notices/fcc01097.doc http://www.fcc.gov/Bureaus/OMD/Notices/fcc01097.pdf http://www.fcc.gov/Bureaus/OMD/Notices/fcc01097.txt
  • The fees for each category of station are as follows: VHF Markets 1-10...............$45,100 VHF Markets 11-25...............32,825 VHF Markets 26-50...............21,325 VHF Markets 51-100.............13,750 VHF Remaining Markets.........3,275 UHF Markets 1-10...............$15,150 UHF Markets 11-25..............12,300 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,075 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $740 annually. Those stations designated as Television Satellite Stations in the 2001 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
• http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.doc http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.pdf http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.txt
  • The fees for each category of station are as follows: VHF Markets 1-10...............$39,950 VHF Markets 11-25...............33,275 VHF Markets 26-50...............22,750 VHF Markets 51-100.............12,750 VHF Remaining Markets.........3,300 UHF Markets 1-10...............$15,075 UHF Markets 11-25...............11,425 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,225 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 23. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $1,250 annually. Those stations designated as Television Satellite Stations in the 2000 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
• http://www.fcc.gov/Bureaus/OMD/Orders/fcc01196.doc http://www.fcc.gov/Bureaus/OMD/Orders/fcc01196.pdf http://www.fcc.gov/Bureaus/OMD/Orders/fcc01196.txt
  • The fees for each category of station are as follows: VHF Markets 1-10...............$45,100 VHF Markets 11-25...............32,825 VHF Markets 26-50...............21,325 VHF Markets 51-100.............13,750 VHF Remaining Markets.........3,275 UHF Markets 1-10...............$15,150 UHF Markets 11-25..............12,300 UHF Markets 26-50.................7,075 UHF Markets 51-100...............4,075 UHF Remaining Markets.........1,150 e. Commercial Television Satellite Stations 24. Commonly owned Television Satellite Stations in any market (authorized pursuant to Note 5 of �73.3555 of the Commission's Rules) that retransmit programming of the primary station are assessed a fee of $740 annually. Those stations designated as Television Satellite Stations in the 2001 Edition of the Television and Cable Factbook are subject to the fee applicable to Television Satellite Stations. All other television licensees are subject to the regulatory fee payment required for their class
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • Commission FCC 99-97 40 See Sections 101.61(b)(3) and 101.61(c)(9) of the Commission's Rules, 47 C.F.R. �� 101.61(b)(3), 101.61(c)(9). 41 47 U.S.C. � 214(a). This is consistent with the Section 27.71 proposed in the 47 GHz Notice. 42 47 C.F.R. �� 27.12, 27.302. See also Part 27 Report and Order, 12 FCC Rcd at 10828-29 (paras. 80-83). 43 See, e.g., Section 73.3555 of the Commission's Rules, 47 C.F.R. � 73.3555. We have underway a review of our broadcast ownership rules. See 1998 Biennial Regulatory Review � Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, MM Docket No. 98-35, Notice of Inquiry, 13 FCC Rcd 11276 (1998). 44 In issuing
• http://www.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2001/fcc01028.txt
  • arise outside that process if licensees are permitted to lease spectrum usage rights without prior section 310(d) approval. See Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets, WT Docket No. 00-230, Notice of Proposed Rulemaking, FCC 00-402 (rel. Nov. 27, 2000) (Secondary Markets NPRM). See also infra para. 53. Cf. 47 C.F.R. � 73.3555 (multiple ownership rule applicable to broadcast stations). See also infra para. 30, 38. First Biennial Review Order, 15 FCC Rcd at 9244-46 �� 56-57. See, e.g., United States v. SBC Communications Inc. and Ameritech Corporation, No. 1:99CV00715 (D.D.C. filed Aug. 2, 1999) (final judgement); United States v. SBC Communications Inc. and BellSouth Corporation, No. 1:00CV02073(PLF) (D.D.C. filed Aug. 30, 2000)
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.txt http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98015.wp
  • attribution rules. Attribution Notice, 10 FCC Rcd at 3651-52 (paras. 96-99). The Commission subsequently sought further comment on a specific proposal to attribute debt interests or other nonattributable equity interests above a specified benchmark that are held by a program supplier or same market media entity. Attribution Further Notice, 11 FCC Rcd at 19899-19908 (paras. 8-25). 125 47 C.F.R. � 73.3555, note (f). 126 Part 1 Third Report and Order, at paras. 71-78, adopting 47 C.F.R. � 1.2112(a). PAGE 35 of warrants and other convertible securities in the LMDS ownership restriction would undermine the restriction or to present any good reason why such treatment otherwise should be different for LMDS than for other wireless services. 78. We disagree with Webcel that
• http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99244.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99244.txt
  • 92-51, 87-154, Report and Order, FCC 99-207 (rel. Aug. 6, 1999) �� 8-15. 231 Triton comments at 8-9. 232 See AT&T comments at 10 n. 37; Chase comments at 6 (Chase only argues that directors from non-controlling institutional investors should not be attributed). 233 For that reason, the broadcast and cable attribution rules also attribute directors. See 47 C.F.R. �� 73.3555 note 2(h), 76.501 note 2(h). Federal Communications Commission FCC 99-244 45 requests that we clarify this issue and argues that the rules should not attribute overlapping spectrum interests held by otherwise unaffiliated entities solely because those entities each hold minority, insulated interests in the same licensee elsewhere.234 As we discussed above, the attribution rules are meant to address multiple concerns.
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00274.doc
  • 74. Part 1 Third Report and Order, 13 FCC Rcd at 417, � 73. Id. at 417-18, � 73. For purposes of our anti-collusion rules, the term ``applicant'' is defined to include entities that have a 10 percent or greater interest in the applicant. 47 C.F.R. � 1.2105(c)(6)(i). See, e.g., 47 C.F.R. �� 20.6(d) (CMRS spectrum cap), 22.942(d) (cellular cross-interest), 73.3555 Note 2 (broadcast multiple ownership), 76.501 Note 2 (cable cross-ownership). FCBA Reply Comments at 21; AT&T Comments at 5. See 47 C.F.R. � 1.2112(b); compare 47 C.F.R. � 1.2112(a) with � 1.2112(b). See 47 C.F.R. � 24.813 (1997). This section was subsequently removed from the Code of Federal Regulations. See Biennial Regulatory Review -- Amendment of Parts 0, 1, 13,
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992958.doc
  • C.F.R. � 73.5007, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, has attributable interests in more than three mass media facilities. Bidding credits are not cumulative; qualifying applicants receive either the 25 percent or the 35 percent bidding credit, but not both. Attributable interests are defined in 47 C.F.R. � 73.3555 and Note 2 of that section. Bidders should note that unjust enrichment provisions apply to a winning bidder that utilizes a bidding credit and subsequently seeks to assign or transfer control of its license or construction permit to an entity not qualifying for the same level of bidding credit. D. Other Information (Form 175 Exhibits D & E) Applicants owned
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1996/dd961120.html
  • points, excluding Australia. Action by Chief, International Bureau. Adopted: November 19, 1996. by O&A. (DA No. 96-1925). IB Internet URL: [13]http://www.fcc.gov/Bureaus/International/Orders/1996/da961925.txt "SILENT MINORITY GROUP, INC. AND COMCORP OF BRYAN LICENSE CORPORATION. Granted application for assignment of construction permit for KYLE (TV), Bryan, Texas from Silent Minority to COMCOR; granted request to operate KYLE-TV pursuant to the satellite exception to section 73.3555(b) of the rules . Action by Chief, Mass Media Bureau. Adopted: November 19, 1996. by MO&O. (DA No. 96-1928). MMB" THE MOBILE PHONE COMPANY V. MCCAW COMMUNICATIONS OF FLORIDA, INC., AT&T WIRELESS SERVICES, INC. Dismissed Complaint without Prejudice. Action by Chief, Enforcement Division, Wireless Telecommunications Bureau. Adopted: November 12, 1996. by Order. (DA No. 96-1876). MMB SENTRY MANAGEMENT CORPORATION. Granted
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970307.html
  • CC- 93-162. Action by Chief, Competitive Pricing Division, Common Carrier Bureau. Adopted: March 6, 1997. by Order. (DA No. 97-483). CCB Internet URL: [32]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/da970483.txt SAINTE LIMITED AND UNIVISION COMMUNICATIONS, INC. Granted application for transfer of control of the license of KCSO(TV) from Sainte Limited to Univision Communications, Inc.; denied Univision Communications, Inc.'s permanent waiver requests of telelvision duopoly rule, Section 73.3555(b), to allow common ownership of KDTV(TV), San Francisco, CA, KFTV(TV), Hanford, CA, and KCSO(TV), Modesto, CA but granted conditional waivers of duopoly rule subject to outcome of Commission's pending broadcast ownership rulemaking. Action by Chief, Mass Media Bureau. Adopted: March 5, 1997. by MO&O. (DA No. 97-484). MMB [33][icon bar] References 1. http://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1997/nrmc7017.txt 2. http://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1997/nrmc7015.txt 3. http://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1997/nrmc7014.txt 4. http://www.fcc.gov/calendar.html 5.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970310.html
  • VITASAT-2 on the ground that is has not demonstrated that it is "financially" qualified to do so. Action by Chief, International Bureau. Adopted: March 7, 1997. (DA No. DA-97-501). IB MAXIMUM MEDIA, INC. (ASSIGNOR) AND RADIO ENTERPRISES, INC. WWBJ(FM), WQBK(AM), WQBK(FM); DJA MEDIA, INC. AND RADIO ENTERPRISES, INC. WCXR(FM). Denied permanent waiver of the Commission's one-to-a-market rule, 47 C.F.R. Section 73.3555(c), to permit common ownership of Stations WQBJ, Cobleskill, New York; WQBK, Rensselaer, New York; WQBK-FM, Rensselaer, New York; and WXCR, Ballston Spa, New York. Granted temporary waiver to permit common ownership of Stations WQBJ, Cobleskill, New York; WQBK, Rensselaer, New York; WQBK-FM, Rensselaer, New York; and WXCR, Ballston Spa, New York. Granted assignment of licenses of WQBJ, Cobleskill, New York;
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970721.html
  • Chief, Consumer Protection and Competition Division, Cable Services Bureau. Adopted: July 18, 1997. by MO&O. (DA No. 97-1523). CSB Internet URL: [14]http://www.fcc.gov/Bureaus/Cable/Orders/1997/da971523.txt GRAY COMMUNICATIONS SYSTEMS, INC. Granted, subject to the outcome of the Commission's pending broadcast television ownership rule making (MM Docket Nos. 91-221 and 87-8), Gray Communications Systems, Inc.'s request for conditional waiver of the television duopoly rule, Section 73.3555(b) of the Commission's rules, to permit the common ownership by Gray Communications of television stations WJHG-TV, Panama City, Florida and WCTV(TV), Thomasville, Georgia. Action by Chief, Mass Media Bureau. Adopted: July 18, 1997. by MO&O. (DA No. 97-1521). MMB Internet URL: [15]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/da971521.txt 40 GHZ. Adopted Commission's proposal in the First NPRM in 1994 (ET Docket 94-124, RM 8308, 9FCC Rcd
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd971030.html
  • (DA No. 97-2286). CSB Internet URL: [12]http://www.fcc.gov/Bureaus/Cable/Orders/1997/da972286.txt STEPHENS COUNTY BROADCASTING COMPANY AND SPARTAN COMMUNICATIONS, INC. Granted the application for assignment of license of television station WNEG-TV, Toccoa, Georgia, from Stephens County Broadcasting Company to Spartan Communications, Inc. Granted the request by Spartan Communications, Inc. for operation of WNEG-TV, Toccoa, Georgia, pursuant to the satellite exemption to the duopoly rule, Section 73.3555 of the Commission rules, subject to the outcome of the Commisison's pending television ownership rulemaking in MM Docket Nos. 91-221 and 87-8. Action by Chief, Mass Media Bureau. Adopted: October 28, 1997. by MO&O. (DA No. 97-2292). MMB Internet URL: [13]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/da972292.txt ADDENDA: The following items, released October 29, 1997, did not appear in Digest No. 209: ----------------------------------------------------------------------- --- NEWS RELEASES
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd971229.html
  • California, and Liberman Broadcasting, Inc. to transfer control of Station KRCA(TV) from the shareholders of Fouce to Liberman, licensee of KBUE(FM), Long Beach, California and KWIZ(AM)/KWIZ-FM, Santa Ana, California; granted, to the extent indicated and subject to the outcome of the Commission's pending broadcast ownership rulemaking, Commission's one-to-a-market rule; denied request for permanent waiver of the Commission's one-to-a-market rule, Section 73.3555(c), to permit common ownership of stations KRCA(TV), KBUE(FM), and KWIZ(AM)/KWIZ-FM. Action by Bureau Chief. Adopted: December 24, 1997. by MO&O. (DA No. 97-2655). MMB Internet URL: [19]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/da972655.txt CAROLINA PCS I LIMITED PARTNERSHIP REQUEST FOR WAIVER OF SECTION 24.711(A)(2) OF COMMISSION'S RULES. Granted Carolina PCS I Limited Partnership's (CPCSI) Application for Review of a Wireless Telecommunications Bureau's Order denying CPCSI's Petition
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980212.html
  • 1998. by Order. (DA No. 98-270). CSB Internet URL: [14]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980270.txt ABILENE AND SAN ANGELO, TX. Granted, subject to condition, applications for assignment of license of KRBC-TV, Channel 9 (NBC), Abilene, Texas and KACB-TV, Channel 3 (NBC), San Angelo, Texas from Abilene Radio and Television Company to STC License Company; denied request for permanent waiver of the television duopoly rule, Section 73.3555(b) of the Commission's Rules; granted, subject to outcome of the Commission's pending broadcast ownership rulemaking in MM Docket Nos. 91-221 and 87-8, the request for conditional waiver of Section 73.3555(b) of the Commission's rules. Action by Bureau Chief. Adopted: February 10, 1998. by MO&O. (DA No. 98-255). MMB Internet URL: [15]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da980255.txt ADDENDA: The following items, released February 11, 1998, did
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980219.html
  • of KFXA-TV, for repeated violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming. Action by Chief, Mass Media Bureau. by Letter. (DA No. 98-304). MMB Internet URL: [6]http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/da980304.txt COMMON STOCKHOLDERS OF ALLIED COMMUNICATIONS COMPANY, INC. AND BAHAKEL COMMUNICATIONS, LTD. Granted the request for conditional waiver of the television duopoly rule, Section 73.3555(b) of the Commission's Rules to permit the common control of television stations WKFT(TV), Fayetteville, North Carolina and WCCB(TV), Charlotte, North Carolina, and granted the application for transfer of control of Delta Broadcasting, Inc., licensee of WKFT(TV), Fayetteville, North Carolina and associated auxiliary stations, from Common Stockholders of Allied Communications Co., Inc. to Bahakel Communications, Ltd. Action by Chief, Mass Media
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980304.html
  • URL: [21]http://www.fcc.gov/Bureaus/International/Orders/1998/da980441.txt ITT-DOW JONES TELEVISION AND PAXSON COMMUNICATIONS OF NEW YORK-31, INC. Granted Paxson Communications of New York-31, Inc. and ITT-Dow Jones Television's (licensee of WPXN-TV, Channel 31 (Ind.), New York, New York) application for the assignment of the license of Station WPXN-TV from ITT Dow Jones Television to Paxson; granted Paxson's request for conditional waiver of duopoly rule, Section 73.3555(b) of the Commission's rules, to permit common ownership of WPXN-TV and WPPX(TV), subject to the outcome of the Commission's pending broadcast television ownership rulemaking; granted, to an extent, request for temporary waiver of duopoly rule; denied Paxson's request for permanent waiver of the duopoly rule. Action by Bureau Chief. Adopted: March 3, 1998. by MO&O. (DA No. 98-436). MMB Internet
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980519.html
  • operation and control of these stations. Action by Bureau Chief. Adopted: May 15, 1998. by Letter. (DA No. 98-920). MMB AMERICAN RADIO SYSTEMS CORPORATION. Issued Notice of Apparent Liability for forfeiture of $18,500 to American Radio Systems Corporation (ARSC) for apparent willful and repeated violation of Section 310(d) of the Communications Act, Section 73.3540(a) of the Commission's rules and Section 73.3555(a) of the Commission's rules, regarding ARSC's acquisition of Palm Beach Radio Broadcasting, Inc.'s West Palm Beach stations as well as the operation and control of these stations. Action by Bureau Chief. Adopted: May 15, 1998. by Letter. (DA No. 98-919). MMB [20][icon bar] References 1. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt051898.pdf 2. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980949.pdf 3. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/pnmm8078.wp 4. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/TV_Notices/pnmm8077.wp 5. http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/1998/ex980519.html 6. http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980906.wp 7. http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980915.wp 8. http://www.fcc.gov/Bureaus/International/Orders/1998/da980926.wp
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980526.html
  • Chief. Adopted: May 20, 1998. by Letter. (DA No. 98-974). MMB Internet URL: [9]http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/da980974.wp BETTI D. LIDSKY (TRANSFEROR) AND COCOLA MEDIA CORPORATION OF FLORIDA (TRANSFEREE). Granted the application for transfer of control of Hispanic Broadcasting, Inc., permittee of WPXP(TV), Lake Worth, Florida, from Betti D. Lidsky to Cocola Media Corporation of Florida; granted Cocola's request for conditional waiver of Section 73.3555(b) of the Commission's rules to permit common ownership of television stations WPXP(TV), Lake Worth Florida, and WPXM(TV), Miami Florida, subject to the outcome of the Commission's pending broadcast ownership rulemaking in MM Docket Nos. 91-221 and 87-8. Action by Bureau Chief. Adopted: May 21, 1998. by MO&O. (DA No. 98-983). MMB Internet URL: [10]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da980983.wp ADDENDA: The following items, released May
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980625.html
  • transfer control of Pacific FM, Incorporated, licensee of KOFY-TV, Channel 20 (WB), San Francisco, California, to Granite Broadcasting Corporation, controlling parent of the licensee of KNTV, Channel 11 (ABC), San Jose, California; denied to the extent stated and otherwise dismissed Chronicle Publishing Company's petition to deny; conditionally granted the request for a temporary waiver of the Commission's duopoly rule, Section 73.3555(b), to permit common ownership of KOFY-TV and KNTV; denied Granite's request for a permanent waiver of the duopoly rule. Action by the Commission. Adopted: June 23, 1998. by MO&O. (FCC No. 98-135). MMB Internet URL: [25]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98135.wp KEYMARKET OF SOUTH CAROLINA, INC. (ASSIGNOR) AND SINCLAIR RADIO OF GREENVILLE, LICENSEE, INC. (ASSIGNEE) AND SPARTAN COMMUNICATIONS, INC. (ASSIGNOR) AND SINCLAIR RADIO OF GREENVILLE
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980813.html
  • is outside the jurisdiction of the FCC. Action by Chief, Financial Analysis and Compliance Division. Adopted: August 10, 1998. by Order. (DA No. 98-1601). CSB Internet URL: [5]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da981601.wp PAXSON COMMUNICATIONS CORPORATION. Granted, subect to the outcome of the Commission's pending broadcast television ownership rulemaking in MM Docket No. 91-221 and 87-8, Paxson Communicatiosn Corporation's request for conditional waiver of Section 73.3555(b) of the Commission's Rules to permit common ownership by Paxson Communications Corporation of television station KPXR(TV) and the Channel 39 proposed station at Newton, Iowa. Grated Paxson's application for a construction permit for the new commercial station to operate on Channel 39. Action by Bureau Chief. Adopted: August 12, 1998. by MO&O. (DA No. 98-1623). MMB Internet URL: [6]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da981623.wp MILTON
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980902.html
  • 98-1745). CSB Internet URL: [23]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da981745.wp MARCUS CABLE ASSOCIATIONS, L.P. Denied Operators's Petition for Reconsideration of prior order concerning cable programming services tier rates in Columbus, Indiana. Action by Deputy Bureau Chief. Adopted: August 31, 1998. by Order on Recon. (DA No. 98-1747). CSB Internet URL: [24]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da981747.wp WALLA WALLA, WA. Denied Broadcasting Licenses, LP's (BLLP) request for permanent waiver of Section 73.3555(b) of the Commission's Rules to permit the common ownership of television station KAYU(TV), Spokane, Washington and the new television station on Channel 9 at Walla Walla, Washington. Granted BLLP's application for a construction permit for a new commercial television station to operate on Channel 9, Walla Walla, Washington. Granted, subject to the outcome of the pending broadcast television ownership rulemaking
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd981105.html
  • LOG - NOVEMBER 4. Internet URL: [1]http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/com bined/tt110498.pdf ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- AGAPE CHURCH, INC. Granted the must cary complaint filed by WVTH-TV against Community Communications Company. Action by Acting Chief, Consumer Protection and Competition Division. Adopted: November 3, 1998. by MO&O. (DA No. 98-2240). CSB Internet URL: [2]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da982240.wp MEREDITH CORPORATION, ORLANDO, FL. Granted a conditional waiver of Section 73.3555(b) to Meredith Corporation, licensee of stations WOFL(TV), Orlando, FL and WOGX-TV, Ocala, Florida, to permit common ownership of the modified facilities of WOFL and WOGX, subject to the outcome of the Commission's pending broadcast ownership rulemaking in MM Docket Nos. 91-221 and 87-8. Action by Bureau Chief. Adopted: November 3, 1998. by MO&O. (DA No. 98-2245). MMB Internet URL: [3]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da982245.wp
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd981125.html
  • to satisfy the requirements of TSC's Section 214 authorization. Action by Bureau Chief. Adopted: November 24, 1998. by Ord. to Sh. Cause. (DA No. 98-2400). IB Internet URL: [36]http://www.fcc.gov/Bureaus/International/Orders/1998/da982400.wp PAPPAS TELECASTING OF SIOUX CITY, A CALIFORNIA LIMITED PARTNERSHIP. Granted the request of Pappas Telecasting of Sioux City, licensee of KPTM(TV), Channel 42, Omaha Nebraska, for a conditional waiver of Section 73.3555(b) of the Commission's rules to permit common ownership of the modified facilities of unbuilt television station KPTH(TV), Channel 44, Sioux City, Iowa and KPTM, subject to the outcome of the Commission's pending broadcast ownership rulemaking in MM Docket Nos. 91-221 and 87-8. Granted Pappas' application for modification of the construction permit of KPTH(TV). Action by Bureau Chief. Adopted: November 24,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990816.html
  • St. Anne, IL. Mass Media Bureau Contact: Sharon MacDonald at (202) 418-2180. Dkt No.: MM- 98-64. Action by Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. by R&O. (DA No. 99-1574). MMB Internet URL: [27]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/da991574.wp TELEVISION SATELLITE STATIONS REVIEW OF POLICY AND RULES - ERRATUM TO REPORT AND ORDER (FCC 99-209) RELEASED AUGUST 6, 1999. Clarification of Sections 73.3555(b)(2)(i) and (ii) and 73.3555(c)(2)(i) and (ii) to conform their wording to the Commission's description of the rules in the text of the Report and Order. Dkt No.: MM- 91-221, MM- 87-8. Action by Chief, Mass Media Bureau. MMB Internet URL: [28]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/err99209.wp [29][icon bar] References 1. http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt081699.pdf 2. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac990816.txt 3. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap990816.txt 4. http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/TV_Notices/pnmm9159.wp 5. http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1999/pnet9016.wp 6. http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1999/pnet9015.wp 7. http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da991627.wp 8. http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99217.wp
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020219.html
  • [27]DA-02-351A1.doc [28]DA-02-351A1.pdf [29]DA-02-351A1.txt STATION WCMI(AM), FIFTH AVENUE BROADCASTING CO., INC. HUNTINGTON, WEST VIRGINIA. Adopted Consent Decree terminating the Enforcement Bureau's forfeiture proceeding against Fifth Avenue. Action by: Chief, Enforcement Bureau. Adopted: 02/14/2002 by ORDER. (DA No. 02-364). EB [30]DA-02-364A1.doc [31]DA-02-364A2.doc [32]DA-02-364A1.pdf [33]DA-02-364A2.pdf [34]DA-02-364A1.txt [35]DA-02-364A2.txt COUNTERPOINT COMMUNICATIONS, INC., AND TRIBUNE TELEVISION COMPANY FOR AN EXTENSION OF TIME TO COMPLY WITH SECTION 73.3555(D) OF THE COMMISSION'S RULES WITH THE ACQUISITION OF THE LICENSEE OF STATION WTXX(TV), WATERBURY, CONNECTICUT. Granted Tribune's request for an additional six month period within which to come into compliance with the newspaper/broadcast cross-ownership rule. Action by: The Commission. Adopted: 02/11/2002 by MO&O. (FCC No. 02-38). MMB [36]FCC-02-38A1.doc [37]FCC-02-38A1.pdf [38]FCC-02-38A1.txt RICHARD D. BRIGHT. Denied application for review. Action by: The
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd021120.html
  • PROTECTION ACT OF 1991. Granted in part, and denied in part the request for extension of time filed by American Teleservices Association. (Dkt No. 02-278). Action by: Chief, Consumer & Governmental Affairs Bureau. Comments Due: 12/09/2002. Reply Comments Due: 01/08/2003. Adopted: 11/19/2002 by ORDER. (DA No. 02-3210). CGB [31]DA-02-3210A1.doc [32]DA-02-3210A1.pdf [33]DA-02-3210A1.txt ENTERCOM KANSAS CITY LICENSE, LLC. Granted waiver of Section 73.3555(a)(1) of the Rules to permit Entercom's joint ownership of expanded band station KXTR(AM) and existing band station KKHK(AM) for the full duration of Entercom's dual operating authority. Action by: the Commission. Adopted: 11/14/2002 by MO&O. (FCC No. 02-313). CMMR [34]FCC-02-313A1.doc [35]FCC-02-313A1.pdf [36]FCC-02-313A1.txt DTV TABLE OF ALLOTMENTS FOR FORT MYERS, FLORIDA. Amended the DTV Table of Allotments for this community. (Dkt
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050414.html
  • No. 05-1048) AUCTION INVENTORY REVISED; APPLICANTS PROPOSING "NON-COMMERCIAL EDUCATIONAL BROADCAST STATION" MUST RESPOND BY MAY 13, 2005. WTB. Contact: Shaun Maher or Hossein Hashemzadeh at (202) 418-1600; Lynne Milne at (202) 418-0660 [54]DA-05-1048A1.doc [55]DA-05-1048A2.xls [56]DA-05-1048A3.xls [57]DA-05-1048A4.xls [58]DA-05-1048A5.xls [59]DA-05-1048A1.pdf [60]DA-05-1048A2.pdf [61]DA-05-1048A3.pdf [62]DA-05-1048A4.pdf [63]DA-05-1048A5.pdf [64]DA-05-1048A1.txt [65]DA-05-1048A2.txt [66]DA-05-1048A3.txt [67]DA-05-1048A4.txt [68]DA-05-1048A5.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- WTXX(TV), WATERBURY, CT, REQUEST FOR WAIVER OF SECTION 73.3555(D). Granted the request for extension of temporary waiver of the newspaper/broadcast cross-ownership rule and denied request for permanent waiver. Action by: the Commission. Adopted: 04/13/2005 by MO&O. (FCC No. 05-83). MB , MB [69]FCC-05-83A1.doc [70]FCC-05-83A2.doc [71]FCC-05-83A1.pdf [72]FCC-05-83A2.pdf [73]FCC-05-83A1.txt [74]FCC-05-83A2.txt WORTH SCHOOL DISTRICT 127, WORTH, IL:. Denied the Requests for Waiver. (Dkt No. 02-6). Action by: Deputy Chief, Telecommunications Access Policy
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd081110.html
  • and operate as a digital-only station on channel *44. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-2473). MB [27]DA-08-2473A1.doc [28]DA-08-2473A1.pdf [29]DA-08-2473A1.txt KNIN(TV), CALDWELL, IDAHO. Dismissed the request to assign the license of KNIN-TV, Caldwell, Idaho, to Journal Broadcast Corporation as its second full-service television station in the market, pursuant to the "failing station" waiver of Section 73.3555 of the Commission's Rules. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 08-2471). MB [30]DA-08-2471A1.doc [31]DA-08-2471A1.pdf [32]DA-08-2471A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED NOVEMBER 7, 2008, DID NOT APPEAR IN DIGEST NO. 219: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- FCC COMMISSIONER MCDOWELL TO VISIT BOSTON FOR DTV OUTREACH. News Release. News Media Contact:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100622.html
  • CORPORATION TO NEW EARTHSHELL CORPORATION. (DA No. 10-1111). (Dkt No 10-106 ) STREAMLINED PLEADING CYCLE ESTABLISHED. Comments Due: 07/06/2010. Reply Comments Due: 07/13/2010. WCB . Contact: Tracey Wilson-Parker at (202) 418-1394 or Dennis Johnson at (202) 418-0809 [19]DA-10-1111A1.doc [20]DA-10-1111A1.pdf [21]DA-10-1111A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- KCEB(TV), LONGVIEW, TEXAS, APPLICATION FOR ASSIGNMENT OF LICENSE. Granted the request for waiver of Section 73.3555(b) of the Commission's Rules pursuant to Note 7(2), the "failing station" standard, permitting co-ownership of KCEB(TV), Longview, TX, and KYTX(TV), Nacogdoches, TX. Action by: Chief, Media Bureau by LETTER. (DA No. 10-1100). MB [22]DA-10-1100A1.doc [23]DA-10-1100A1.pdf [24]DA-10-1100A1.txt MDS OPERATIONS, INC. Granted in part and denied in part the Superseding Request for Waiver. (Dkt No. 07-255 ). Action by: Chief, Wireless Telecommunications
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120620.html
  • ANNUAL REPORTS ACTION. WTB [60]DOC-314733A1.pdf [61]DOC-314733A1.txt Report No: 7854 Released: 06/20/2012. PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [62]DOC-314729A1.pdf [63]DOC-314729A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MSG RADIO, INC. Denied the Petition. Waived Section 73.3555(a). Granted the application. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 12-973). MB [64]DA-12-973A1.doc [65]DA-12-973A1.pdf [66]DA-12-973A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED JUNE 19, 2012, DID NOT APPEAR IN DIGEST NO. 118: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 06/19/2012. DOMESTIC SECTION 214 APPLICATION FILED FOR THE TRANSFER OF CONTROL OF UPN HOLDINGS,
• http://www.fcc.gov/DiversityFAC/040614/IncentiveBasedRegulations-recommendation.doc
  • fulltime station in the market even if that acquisition would otherwise be impermissible under the local ownership rules. The Commission is permitted to allow such an acquisition by Section 202(b)(2) of the Telecommunications Act, which authorizes the Commission to allow an entity to own, operate or control more radio stations in a market than the number specified in 47 C.F.R. �73.3555(a)(2) ``if the Commission determines that such ownership, operation, control or interest will result in an increase in the number of radio broadcast stations in operation.'' (Share times are ``radio stations'' under 47 C.F.R. �73.1715; thus, they qualify for the Section 202(b)(2) exception to the local ownership caps.) The additional fulltime station bought by the cluster owner would also be bifurcated
• http://www.fcc.gov/DiversityFAC/041004/DavidHonig100604-com.pdf
  • Competitive Bidding, Sixth Report and Order, 11 FCC Rcd 136, 143 �11 (1995). 8/ When an agency operates only one program aimed at fostering a vital objective, the repeal of that program could trigger heightened judicial scrutiny. Recently, the Commission tried to repeal its only program aimed specifically at fostering minority television ownership, the "Failing Station Solicitation Rule," 47 C.F.R. �73.3555 n. 7, which required a waiver applicant to provide notice of the sale to potential out-of-market buyers before it could sell its failed, failing, or unbuilt television station to an in-market buyer. In Prometheus Radio Project v. FCC, Slip Op., pp. 94-95 (3d Cir., June 26, 2004) ("Prometheus"), the Court held that the Commission "entirely failed to consider an important
• http://www.fcc.gov/DiversityFAC/092209/constitutional-sub-rec-fullfile.pdf
  • be interviewed. Applicants would be interviewed to assess claims of disadvantage as well as ownership, and control of the applicant's company. Based on this assessment, the applicant would be certified as an FFR-qualified eligible entity. f. Ownership and Control Issues The Commission should apply a practical test to determine ownership structure, consistent with the standards in Note 2 of Sec. 73.3555 of the Commission's rules.9 This test would be applied on a case-by-case basis and include evaluating certain indicators that point to actual control and less to the formal structure of the applicant. In interpreting its standards, the Commission should rely upon its precedents, which are based upon these indicators: who has authority to hire and fire employees; who is responsible
• http://www.fcc.gov/DiversityFAC/102808/eligible-entities-report-102808.pdf
  • 726, 748 (1978) ("Pacifica") ("the broadcast media have established a uniquely pervasive presence in the lives of all Americans"); Turner Broadcasting Corp. v. FCC, 520 U.S. 180, 195 (1997) ("Turner II") (broadcasting is "an essential part of the national discourse on subjects across the whole broad spectrum of speech, thought, and expression") (citations omitted). 42 See, e.g., Amendment of Section 73.3555 of the Commission's Rules, Broadcast Multiple Ownership Rules, 4 FCC Rcd 1723, 1724 �7 (1989) ("1989 Multiple Ownership Order") (stating that "[a]lthough one of the structural purposes underlying our multiple ownership rules is to encourage diversity in the ownership of broadcast stations, we have encouraged ownership diversity as a means of promoting diversity of program sources and viewpoints, not as
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/Diversity_ET_SubCm_Recm12-10-07.doc
  • community of license and transmitter site rules and policies as follows: where permitted by the contour overlap and community of license coverage rules, and upon a satisfactory showing, the Commission would authorize full power AM or FM radio stations to change their communities of license to any community within the same market (as ``radio market'' is defined in 47 C.F.R. �73.3555(a)), provided that if the community of license being vacated (the ``Original Community'') has no other full power AM or FM or LPFM station licensed to it and which originates local programming for at least 15% of its airtime (a ``Local Service LPFM''), the licensee vacating the Original Community must underwrite the cost of licensing, construction and one full year of
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/IncentiveBasedRegulationsRecommend.doc
  • fulltime station in the market even if that acquisition would otherwise be impermissible under the local ownership rules. The Commission is permitted to allow such an acquisition by Section 202(b)(2) of the Telecommunications Act, which authorizes the Commission to allow an entity to own, operate or control more radio stations in a market than the number specified in 47 C.F.R. �73.3555(a)(2) ``if the Commission determines that such ownership, operation, control or interest will result in an increase in the number of radio broadcast stations in operation.'' (Share times are ``radio stations'' under 47 C.F.R. �73.1715; thus, they qualify for the Section 202(b)(2) exception to the local ownership caps.) The additional fulltime station bought by the cluster owner would also be bifurcated
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/constitutional-sub-rec-fullfile.pdf
  • be interviewed. Applicants would be interviewed to assess claims of disadvantage as well as ownership, and control of the applicant's company. Based on this assessment, the applicant would be certified as an FFR-qualified eligible entity. f. Ownership and Control Issues The Commission should apply a practical test to determine ownership structure, consistent with the standards in Note 2 of Sec. 73.3555 of the Commission's rules.9 This test would be applied on a case-by-case basis and include evaluating certain indicators that point to actual control and less to the formal structure of the applicant. In interpreting its standards, the Commission should rely upon its precedents, which are based upon these indicators: who has authority to hire and fire employees; who is responsible
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/eligible-entities-report-102808.pdf
  • 726, 748 (1978) ("Pacifica") ("the broadcast media have established a uniquely pervasive presence in the lives of all Americans"); Turner Broadcasting Corp. v. FCC, 520 U.S. 180, 195 (1997) ("Turner II") (broadcasting is "an essential part of the national discourse on subjects across the whole broad spectrum of speech, thought, and expression") (citations omitted). 42 See, e.g., Amendment of Section 73.3555 of the Commission's Rules, Broadcast Multiple Ownership Rules, 4 FCC Rcd 1723, 1724 �7 (1989) ("1989 Multiple Ownership Order") (stating that "[a]lthough one of the structural purposes underlying our multiple ownership rules is to encourage diversity in the ownership of broadcast stations, we have encouraged ownership diversity as a means of promoting diversity of program sources and viewpoints, not as
• http://www.fcc.gov/Forms/Form301/301.pdf
  • in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. In responding to Item 2, applicants should review the Commission's multiple ownership attribution policies and standards which are set forth in the Notes to 47 C.F.R. Section 73.3555, as revised pursuant to Report and Order in MB Dockets 02- 277 and 03-130, and MM Dockets 01-235, 01-317, and 00- 244, 18 FCC Rcd 13620 (2003), aff'd in part and remanded in part, Prometheus Radio Project, et al. v. F.C.C., 373 F.3d 372 (3d Cir. 2004), stay modified, No. 03-3388 (Sept. 3, 2004), and/or as revised in Review of
• http://www.fcc.gov/Forms/Form302-DTV/302dtv.pdf
  • relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. In responding to Items 4 and 5, applicants should review the Commission's multiple ownership attribution policies and standards which are set forth in the Notes to 47 C.F.R. Section 73.3555, as revised and explained in Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, 14 FCC Rcd 12559 (1999), reconsideration granted in part, 16 FCC Rcd 1097 (2000). See also Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61
• http://www.fcc.gov/Forms/Form302-FM/302fmjune02.pdf
  • It is not anticipated that the changes authorized on FCC Form 302-FM without prior approval on FCC Form 301 will not implicate the Commission's multiple ownership rules in any way. All applicants are to be cognizant of the multiple ownership rules and policies, however, and should review their proposals for compliance with the Commission's multiple ownership rules, 47 C.F.R. Section 73.3555 and mark the appropriate box in Item 10d. If the proposal would require analysis under those rules and policies, the applicant should submit a multiple ownership analysis analogous to the certifications contained in Items 4a. and 4b. of FCC Form 301. These certifications should be attached as an Exhibit to Item 10d. or 12c., as appropriate. D.Environmental Protection Act. Several
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • interest is an ownership interest in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. Applicants should review the Commission's multiple ownership attribution policies and standards which are set forth in the Notes to 47 C.F.R. � 73.3555, as revised pursuant to the Report and Order in MB Docket No. 02-277 et al., 18 FCC Rcd 13620 (2003), aff'd in part and remanded in part, Prometheus Radio Project, et. al. v. F.C.C., 373 F.3d 372 (3d Cir. 2004), and/or as revised and explained in Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, 14 FCC
• http://www.fcc.gov/Forms/Form314/314.pdf
  • explanatory exhibits may be required or helpful. If the applicant has an attributable time brokerage or local marketing agreement, or an attributable radio joint sales agreement, for the stations subject to the application or for any other stations in the same market, then the applicant must review Worksheet #3D. Applicants who are required to demonstrate compliance with 47 C.F.R. � 73.3555(a) must file a copy of each such agreement for radio stations as an exhibit to the application. D. Item 4: Parties to the Application. This question requires the disclosure of information on the assignee and all parties to the application. As used in this application form, the term "party to the application" includes any individual or entity whose ownership or
• http://www.fcc.gov/Forms/Form315/315.pdf
  • explanatory exhibits may be required or helpful. If the applicant has an attributable time brokerage or local marketing agreement, or an attributable radio joint sales agreement, for the stations subject to the application or for any other stations in the same market, then the applicant must review Worksheet #3D. Applicants who are required to demonstrate compliance with 47 C.F.R. � 73.3555(a) must file a copy of each such agreement for radio stations as an exhibit to the application. E. Item 6: Parties to the Application. This question requires the disclosure of information on the transferee and all parties to the application. As used in this application form, the term "party to the application" includes any individual or entity whose ownership or
• http://www.fcc.gov/Forms/Form316/316.pdf
  • in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. In responding to Item 5, applicants should review the Commission's multiple ownership attribution policies and standards which are set forth in the Notes to 47 C.F.R. Section 73.3555, as revised and explained in Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, FCC 99-207, released August 6, 1999. See also, Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61 RR 2d 739 (1986). Generally, insulated limited partners
• http://www.fcc.gov/Forms/Form318/318.pdf
  • proposed area of service encompasses the entire community in which the daily newspaper is published. (A daily newspaper is one that is published four or more days per week, is in the dominant language in the market, and is circulated generally in the community of publication. A college newspaper is not considered to be circulated generally. See 47 C.F.R. Section 73.3555(d) and Note 6.) Two low power FM stations are considered to be in the same area if their transmitting antennas are located within seven miles of one another. If the answer to the above-stated question is "Yes," answer the following questions for each such relationship: 1. Has the family member who is not included as a party to the application
• http://www.fcc.gov/Forms/Form323/323.pdf
  • Rulemaking, FCC 09-33, 24 FCC Rcd 5896 (2009) and In re Promoting Diversification of Ownership in the Broadcasting Services, Memorandum Opinion and Order and Fifth Further Notice of Proposed Rulemaking, FCC 09-92 (rel. Oct. 16, 2009). Licensees must include all attributable interests on FCC Form 323. For a description of attributable interests see the instructions below and 47 C.F.R Section 73.3555 Notes. File a separate Form 323 for each entity that holds an attributable interest in a Licensee of a station for which the Form 323 must be filed biennially. In the case of organizational structures that include holding companies or other forms of indirect ownership, a separate Form 323 must be filed for each entity in the organizational structure that
• http://www.fcc.gov/Forms/Form340/340.pdf
  • of attributable noncommercial educational stations that can be owned, the attributable nature of stations is nevertheless an important one in the noncommercial educational context, especially in the use of resolving mutually exclusive applications. In responding to Question 6, applicants should review the Commission's multiple ownership attribution policies and standards which are set forth in the Notes to 47 C.F.R. Section 73.3555, as revised and explained in Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, FCC 99-207, released August 6, 1999. See also, Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61 RR 2d 739 (1986). In the noncommercial context,
• http://www.fcc.gov/Forms/Form345/345.pdf
  • application" includes any individual or entity whose ownership or positional interest in the applicant is attributable. An attributable interest is an ownership interest in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. See 47 C.F.R. Section 73.3555, as revised and explained in Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, FCC 99-207, released August 6, 1999. See also, Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61 RR 2d 739 (1986). General guidelines are set
• http://www.fcc.gov/Forms/Form349/349.pdf
  • application" includes any individual or entity whose ownership or positional interest in the applicant is attributable. An attributable interest is an ownership interest in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. See 47 C.F.R. Section 73.3555, as revised and explained in Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, FCC 99-207, released August 6, 1999, on reconsideration, FCC 00-438, released January 19, 2001. See also, Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61
• http://www.fcc.gov/Forms/Form350/350.pdf
  • application" includes any individual or entity whose ownership or positional interest in the applicant is attributable. An attributable interest is an ownership interest in or relation to an applicant or licensee which will confer on its holder that degree of influence or control over the applicant or licensee sufficient to implicate the Commission's multiple ownership rules. See 47 C.F.R. Section 73.3555, as revised and explained in Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, FCC 99-207, released August 6, 1999. See also, Report and Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration granted in part, 58 RR 2d 604 (1985), further modified on reconsideration, 61 RR 2d 739 (1986). General guidelines are set
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  • believe, however, that any changes the Commission might make should be prospective only and should not undermine the legitimate investment expectations of parties who hold combinations lawfully assembled under our current rules. Whatever definition we adopt should also remain consistent with the intent of Congress under the Telecommunications Act of 1996 in relaxing the radio ownership restrictions. 47 C.F.R. � 73.3555(d) (the ``rule''). Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, � 202(h) (1996). Multiple Ownership of Standard, FM and Television Broadcast Stations, Second Report and Order, 50 F.C.C.2d 1046, 1048 (1975), aff'd sub nom. FCC v. National Citizens Committee for Broadcasting, 436 U.S. 775 (1978). Associated Press v. United States, 326 U.S. 1, 20 (1945). See, e.g.,
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  • the radio industry be informed of the ownership ``rules of the road'' before companies enter into transactions. Consistency and adherence to predictable timeframes for completion of a merger review are critical to a properly functioning marketplace. We must not hold up approval (or disapproval) of license transfers while we debate matters more properly decided in a rulemaking. 47 C.F.R. � 73.3555(e)(1) (1992). Telecommunications Act of 1996, Pub. L. No. 104-104, � 202(b) (1996). See, e.g., 47 U.S.C. � 310(d) (Commission must find license transfers serve ``the public interest, convenience, and necessity''). Telecommunications Act of 1996 at � 202(a). See Dissenting Statement of Commissioner Susan Ness and Commissioner Gloria Tristani, In Re: Applications of Pine Bluff Radio, Inc. and Seark Radio, Inc.,
• http://www.fcc.gov/Speeches/Powell/Statements/2000/stmkp017.doc http://www.fcc.gov/Speeches/Powell/Statements/2000/stmkp017.html http://www.fcc.gov/Speeches/Powell/Statements/2000/stmkp017.txt
  • eliminate its restriction on the number of radio stations a single entity can own or control nationally, and to increase the number of radio stations that a single entity can own or control in a local market. See Section 202(a) & (b), Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, 110-11 (1996) (broadcast ownership); 47 C.F.R. � 73.3555(a) (1999) (same). See also 47 C.F.R. � 73.3555(b) (1999) (local television multiple ownership). See Section 202(c)(1); 47 C.F.R. � 73.3555(e) (1999). See 47 C.F.R. � 73.3555(c) & (d) (1999). See 47 C.F.R. � 76.503 (1999). See, e.g., In the Matter of Review of the Commission's Regulations Governing Television Broadcasting, Television Satellite Stations Review of Policy and Rules, MM Docket Nos.
• http://www.fcc.gov/Speeches/Powell/Statements/2001/stmkp130.doc http://www.fcc.gov/Speeches/Powell/Statements/2001/stmkp130.html http://www.fcc.gov/Speeches/Powell/Statements/2001/stmkp130.txt
  • No. 98-35, FCC 00-191, Biennial Review Report, 15 FCC Rcd 11058, �� 5-6 (2000); Time Warner Entertainment Co. v. United States, 211 F.3d 1313, 1320 (D.C. Cir. 2000) (government responded "the promotion of diversity in ideas and speech, as well as the preservation of competition, are important governmental interests. . ."). Telecommunications Act of 1996, � 202(C)(1); 47 C.F.R. � 73.3555(e). Review of the Commission's Regulations Governing Television Broadcasting (Television Ownership Order), 14 FCC Rcd 12932-12933 (1999). 47 C.F.R. � 73.3555(d) See LINT Co., 15 FCC Rcd 18130, 18133 (2000); Shareholders of CBS Corporation, 15 FCC Rcd 8230 (2000). Shareholders of CBS Corporation, 15 FCC Rcd at 8236. Order at para. 23. (emphasis added) Order at para. 43. 47 U.S.C. �
• http://www.fcc.gov/Speeches/Tristani/Statements/2000/stgt008.doc http://www.fcc.gov/Speeches/Tristani/Statements/2000/stgt008.html http://www.fcc.gov/Speeches/Tristani/Statements/2000/stgt008.txt
  • it should, requires the Commission to examine the same market in counting both the denominator (i.e., the number of stations in the market) and the numerator (i.e., the number of stations in the market that an entity will own), my initial view is that I disagree with the Bureau's decision to grant the proposed license transfer. See 47 CFR � 73.3555(a)(4)(ii). Telecommunications Act of 1996, Section 202(b)(1)(B). Id. at Section 202(b)(1)(A). See, e.g., Press Statement of Commissioner Gloria Tristani re: Mass Media Bureau's granting of applications to transfer radio licenses from Fuller-Jeffrey Broadcasting to Citadel Broadcasting in Portland, Maine (rel. Aug. 19, 1999); Dissenting Statement of Commissioners Susan Ness and Gloria Tristani, In re Applications of Pine Bluff Radio, Inc. and
• http://www.fcc.gov/Speeches/Tristani/Statements/2000/stgt025.doc http://www.fcc.gov/Speeches/Tristani/Statements/2000/stgt025.html http://www.fcc.gov/Speeches/Tristani/Statements/2000/stgt025.txt
  • radio ``market'' is defined as all stations with signal contours that overlap the commonly-owned stations, regardless of the Arbitron market to which those stations are assigned. The Order's failure to address the conflicting market definitions is all the more glaring because the one-to-a-market and local ownership cap rules are contained in the very same section of the Commission's rules (Section 73.3555). I understand the desire to pretend that the local ownership cap rules do not exist. As I have written on several occasions, those rules are irrational and there is no defending them. One of the problems is that a radio market definition based on overlapping signal contours often results in markets that bear little relation to reality. The Order implicitly
• http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt113.doc http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt113.html http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt113.txt
  • it should, requires the Commission to examine the same market in counting both the denominator (i.e., the number of stations in the market) and the numerator (i.e., the number of stations in the market that an entity will own), my initial view is that I disagree with the Bureau's decision to grant the proposed license transfer. See 47 CFR � 73.3555(a)(4)(ii). Telecommunications Act of 1996, Section 202(b)(1). Notably, the Commission's practice of shrinking the market when assessing the number of stations that will count against the local ownership caps has never been codified as a Commission rule. News Media Information 202 / 418-0500 TTY 202 / 418-2555 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Federal Communications Commission 445 12th Street, S.W.
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  • the "transmission" of video programming under Title VI). Indeed, the majority acknowledges (at para. 53) that it is the programmers using common carrier facilities that "generate and control" the signals from their headend to their subscribers. 21. ^21Under the Commission's rules, a "significant interest" is a cognizable interest for attributing interests in broadcast, cable and newspaper properties pursuant to Sections 73.3555, 73.3615, and 76.501. See 47 C.F.R. 76.5(bb). 22. ^22NCTA, 33 F.3d at 71. See also TBA v. Ohio Bell Telephone Company, FCC 97-64 (March 4, 1997) at 12 (common carrier that simply processes incoming transmissions and passes those signals on to their designated destinations does not control the transmitted signals). 23. ^23See S. Rep. 104-230, 104th Cong. 2d Sess. at
• http://www.fcc.gov/eb/Orders/2005/FCC-05D-01A1.html
  • control. The Commission has held that "control encompasses any form of actual or legal control over basic operating policies." Trinity Broadcasting, 14 FCC Rcd 13570, 13603 (1999). And under the Commission's Regulatory policy: [T]he word control as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised." (Emphasis added.) 47 C.F.R. S 73.3555 n. 1. The evidence of this hearing record clearly establishes that one of the most important indicia of de facto control, working capital or "money," is permeating the relationships of Ms. James-Petersen to her parents, Luz and Asta James, both personal and business. Neither she or her children, nor the stations would survive without continued financial support. Therefore, it is
• http://www.fcc.gov/eb/Orders/2010/DA-10-455A1.html
  • 21705-0113. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau A "time brokerage agreement," also referred to as a "local marketing agreement," refers to an agreement for the sale by a licensee of a discrete block of time to a third-party, a "broker," that supplies programming to fill the time and sells commercial announcements in it. See 47 C.F.R. S: 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8140, 8141 P: 10 (1995), vacated in part on other grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998). See 47 C.F.R. S: 73.1125. See 47 U.S.C. S: 503(b). See FCC Broadcast Inspection Summary Report Station WMFN(AM), dated April 11, 2005, at 1.
• http://www.fcc.gov/eb/Orders/2010/DA-10-456A1.html
  • 10 East 4th Street, Frederick, MD 21705-0113. FEDERAL COMMUNICATIONS COMMISSION P. Michele Ellison Chief, Enforcement Bureau A "time brokerage," also referred to as "local marketing," refers to the sale by a licensee of a discrete block of time to a third-party, a "broker," that supplies programming to fill the time and sells commercial announcements in it. See 47 C.F.R. S: 73.3555, Note 2 (j); see also WGPR, Inc., Memorandum Opinion and Order, 10 FCC Rcd 8140, 8141 P: 10 (1995), vacated in part on other grounds sub nom. Serafyn v. FCC, 149 F.3d 1213 (D.C. Cir. 1998). See 47 C.F.R. S: 73.1206. See 47 U.S.C. S: 503(b). See FCC Broadcast Inspection Summary Report Station WMJH(AM), dated April 12, 2005, at 2.
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  • Area (DMA) (as determined by Nielsen Media Research) if: 1) the Grade B contours of the stations do not overlap; or 2) if at least one of the stations is not ranked among the top four stations in the DMA and more than eight independently owned commercial and noncommercial television stations are licensed in the DMA. See 47 C.F.R. � 73.3555(b) (1999). Here, both WBKP(TV) and proposed Channel 10 are within the Marquette, MI DMA, which does not have operating at least eight independently owned commercial and noncommercial television stations. Accordingly, Scanlan's operation of WBKP(TV) and proposed Channel 10 as full-service television stations would violate the current duopoly rule. See In the Matter of Review of Commission's Regulations Governing Television Broadcasting,
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  • the Third Circuit's partial lifting of its stay on the effectiveness of the order a year later, radio stations must terminate non-rule compliant JSAs by September 3, 2006. Morris contends that the KXGL JSA is not attributable for the purpose of the newspaper/broadcast cross-ownership restriction. Rather, it argues that the JSA rule, as set forth in Note 2(k) to Section 73.3555, applies only to the local radio ownership and the stayed cross-media limit rules. In this regard, Morris notes that it complies with the local radio ownership limit in Amarillo when the KXGL JSA is treated as such a cognizable interest. Morris holds interests in 2 FMs and 1 AM in the 28-station Amarillo market, significantly fewer than the six stations,
• http://www.fcc.gov/fcc-bin/audio/DA-06-1741A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1741A1.pdf
  • of the termination requirement until six months after the date on which the Commission addresses Triad's Petition for Reconsideration serves the public interest. Accordingly, IT IS ORDERED that the Commission's requirement that Triad Broadcasting Company, LLC either terminate its Joint Sales Agreement with Guderian Broadcasting, Inc. with respect to KEGK(FM), Wahpeton, North Dakota, or otherwise come into compliance with Section �73.3555(a)(1)(iii) of the Commission's rules in the Fargo, North Dakota - Moorhead, Minnesota radio market by September 3, 2006, IS WAIVED for a period terminating on the date which is six (6) months after the date on which the Commission releases its decision on the Petition for Reconsideration of the 2002 Biennial Review Order filed by Triad Broadcasting Company, LLC. Sincerely,
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  • of the above-captioned, pending applications for renewal of license. For the reasons set forth below, we deny the WJZD Objection, and we grant the license renewal applications. In its Objection, WJZD alleges that the Licensee ``engineered'' an unauthorized transfer of control of its station WQYZ(FM), Ocean Springs, Mississippi. WJZD further alleges that the Licensee ``may be'' in violation of Section 73.3555 of the Commission's Rules (the ``Rules''). WJZD also claims that the captioned applications should be denied or designated for hearing because the Licensee ``is a recidivist violator of Section 1464'' of Title 18 of the United States Code. Finally, WJZD alleges misrepresentation and lack of candor issues. In its Opposition, the Licensee argues that: (1) WJZD's claim against the pending
• http://www.fcc.gov/fcc-bin/audio/DA-06-2016A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2016A1.pdf
  • Cove Road's application for a new commercial FM broadcast station at Merrill, Oregon shall be processed as a singleton. Accordingly, Cove Road is directed to submit, within 30 days of the date of this letter, an amendment to its application, to include, at a minimum, an exhibit demonstrating that grant of its application comports with the broadcast ownership rules, Section 73.3555(a) of the Commission's Rules. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau cc: J. Dominic Monahan, Esq. 47 C.F.R. � 73.3568(a)(1). Id. � 73.3573(a)(1). On June 2, 1999, an amendment was filed to correct the original application's file number, which had been mis-stated in the March 2, 1999, amendment. October 18, 1999, amendment, Attachment A. In its response, FRI
• http://www.fcc.gov/fcc-bin/audio/DA-06-2017A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-2017A1.pdf
  • original petition to deny, however, Stratemeyer misstates the law pertaining to what constitutes an attributable interest. In determining eligibility for the new entrant bidding credit, we look to whether an applicant holds attributable interests in any other media of mass communications. The standards for determining whether a party holds an attributable interest are set forth in Note 2 to Section 73.3555 of the Commission's Rules. Yet Stratemeyer continues to insist that Jensen holds attributable interests in other broadcast licensees, or they in her facility, because she allegedly used her employer's facsimile machine, contracted with professionals (attorneys and engineers) also used by her employers, and had, as mentioned previously, an ``ongoing business relationship'' with another broadcast licensee. These points were all addressed
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  • ``acting like any other potential litigant [who] believed in good faith that it could advise [petitioner] that it might file suit''). Reply at ii. 47 U.S.C. � 310(a-b). See Assignment Application at Attachment 11. According to Bernard, the LLC agreement of its parent company, Bernard Radio LLC, contains provisions insulating DBZ from involvement in media-related activities. See 47 C.F.R. � 73.3555, Note 2(f)(1) (``An interest in a LLC shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the licensee or system so certifies''). Bernard supplied the requisite certification regarding the insulation of DBZ. See Exhibit K to Opposition. Petitioners
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  • (1998), on recon., 14 FCC Rcd 8724, on further recon., 14 FCC Rcd 14521(1999). However, this did not relieve applicants of their obligation to disclose any ``same area'' overlap with respect to new entrant bidding credit eligibility in Exhibit C to Form 175. See Auction 37 Procedures Public Notice, supra note 8, 19 FCC Rcd at 10585-86, 10614-15. Id. � 73.3555(a). Any prior contour overlap evaluation would have compared KCLT(FM) to the reference coordinates relied upon in the Simes' Form 175 application. See, e.g., Zenith Electronics Corp. v. U.S., 884 F.2d 556, 560 (Fed. Cir. 1989) (``A number of cases have recognized the authority of an administrative agency to correct inadvertent, ministerial errors [citations omitted].''); Robert Fetterman d/b/a RF Communications, 16
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  • Band frequencies to operate both the existing band AM station and the expanded band AM station for a defined ``transition period'' of five years. Although the five-year transition period for dual operation begins as of the date the Expanded Band facility is licensed, see Letter to Jennifer D. Wagner, Esq., 16 FCC Rcd 21398 (MMB 2001), Note 9 to Section 73.3555 exempts Expanded Band AM stations from the ownership limit of Section 73.3555(a)(1), but Note 10 limits this rule exemption to a five-year period beginning on ``the date of issuance of a construction permit for an AM radio station in the 1605-1705 kHz band.'' See Entercom Kansas City License, LLC, 17 FCC Rcd 24917 (2002). The WGIT(AM) permit was issued on
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  • of the proposed assignment of the license (the ``Assignment Application'') for station WVAA(AM), Burlington, Vermont, from Radio Vermont KDR, LLC (``Radio Vermont'') to White Park Broadcasting, Inc. (``White Park''), a subsidiary of Northeast Broadcasting Company (collectively with White Park, ``Northeast''). Initially, Northeast argued in the Assignment Application that its proposed transaction complies with the Commission's local radio ownership rule, Section 73.3555(a). Northeast then amended the Assignment Application to request a waiver of Section 73.3555(a). In its most recent amendment to the application, Northeast again asserts that the proposed transaction complies with the rule and that a waiver is not required. For the reasons set forth below, we conclude that the proposed assignment does not comply with the rule, but, for the
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  • License Dear Ms. Buckman: This letter refers to the above-captioned application, as amended (the ``Application''), for a minor modification of the license for Station WTKV(FM), Channel 288A, Oswego, New York, filed by Galaxy Communications, L.P. (``Galaxy''). The Application proposes to implement a change in WTKV(FM)'s community of license and seeks a waiver of a provision in Note 4 to Section 73.3555 of the Commission's rules (the ``Waiver Request''). For the reasons set forth below, we deny the Waiver Request and dismiss the Application for failure to comply with the local radio ownership rule, Section 73.3555(a). Background On September 12, 2001, the staff granted Galaxy's rulemaking petition to change WTKV(FM)'s community of license from Oswego to Granby, New York. Subsequently, Galaxy filed
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  • if such an interest were attributable, as Qantum alleges, Cumulus would remain in compliance with the Commission's local radio ownership rule. We thus reject Qantum's first argument. Undue Market Concentration. Under the local radio ownership rule now in effect, the Ft. Walton Beach Metro is the relevant geographic market for evaluating compliance with the numerical limits set forth in Section 73.3555(a) of the Commission's rules with respect to stations WTKE(FM), WNCV(FM), and WYZB(FM). When it adopted its bright-line, geography-based radio rule for rated markets, the Commission concluded that ``[b]y applying the numerical limits of the local radio ownership rule to a more rational market definition, we believe that, in virtually all cases, the rule will protect against excessive concentration levels in
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  • Opinion and Order, 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 387 U.S. 967 (1966). Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2224-25 (2000) (``LPFM Report and Order''). Id. at 2224-25 (emphasis added). Id. (emphasis added). Id. See 47 C.F.R. � 73.3555 Note 2(h). LPFM Report and Order, 15 FCC Rcd at 2225. By way of example, the LPFM Report and Order states that, if a director of a ``full power broadcaster were to act as an officer of the LPFM [station], the director would be attributed with both stations and would violate the [cross-ownership] ban.'' Id. at 2224. Id. at 2225.
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  • applicants. Window Opened to Permit Settlements for Closed Groups of Mutually Exclusive Broadcast Applications, Public Notice, 16 FCC Rcd 17091 (MMB 2001) (the ``2001 Settlement Window''). The settlement period was extended through February 15, 2002 in Extended Settlement Period for Closed Groups of Mutually Exclusive Broadcast Applications Announced, Public Notice, 16 FCC Rcd 22047 (MMB 2001). See 47 C.F.R. � 73.3555(a). RF exposure guidelines of the American National Standards Institute (ANSI) for evaluating the potential environmental significance of RF radiation emitted by FCC-regulated transmitters, discussed in OST Technical Bulletin No. 65, ``Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radiofrequency Radiation.'' Navajo also adds that Konopnicki's Opposition contains further misrepresentation, lack of candor, and ``carelessness.'' Referencing Tri-State Communications, Inc., Decision,
• http://www.fcc.gov/fcc-bin/audio/DA-07-1936A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1936A1.pdf
  • Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Report and Order and Notice of Proposed Rulemaking, 18 FCC Rcd 13620, 13808 (2003) (``2002 Biennial Review Order''), aff'd in part and remanded in part, Prometheus Radio Project, et al. v. F.C.C., 373 F.3d 372 (3d Cir. 2004). See also 47 C.F.R. � 73.3555(a). See Broadcast Actions, Public Notice, Report No. 45917 (MB Feb. 8, 2005). See Review of the Commission's Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 1097, 1112 (2001) (``Attribution MO&O''). See also 47 C.F.R. � 73.3555, Note 2(e). Letter to Harry C. Martin, Esq. and Howard A. Topel, Esq., Ref. No.
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  • (1971); Marvin C. Hanz, Memorandum Opinion and Order, 22 FCC 2d 147 (Rev. Bd. 1970). See KOWL, Inc., Memorandum Opinion and Order, 49 FCC 2d 962, 964 (Rev. Bd. 1974). See FCC Form 340, Section II (May 1989 ed.). See Reexamination of Comparative Standards for Noncommercial Educational Applications, Report and Order, 15 FCC Rcd 7386, 7418-19 (2000); 47 C.F.R. � 73.3555, note 2. Moody's showing that HAC's Chancellor was also Pastor of the Church and sent Moody a letter on Church stationary concerning settlement negotiations in this proceeding is inconsequential. See Omnibus Order, __ FCC Rcd ___ (�53 and n.148). (footnote continued...) Federal Communications Commission Washington, D.C. 20554 June 19, 2007 DA 07-2680 In Reply Refer To: 1800B3-IB Released: June 19,
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  • possible violations of the applicable provisions of the Act and the Rules, they have cited no specific evidence of such practices at the Stations. With regard to the Petitioners' stated concern about Licensee's size, the number of stations licensed to it, and its ownership of various media enterprises, we note that Licensee's ownership of the Stations complies fully with Section 73.3555 of the Rules. Much of the Petition focuses on the allegedly adverse impact of the current ownership rules on the quality and amount of local service provided by radio stations. The Commission is currently considering the adequacy of the current ownership limitations on fostering localism, competition and diversity. That rulemaking proceeding is the appropriate forum in which such issues of
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  • University of Hawaii (``UH'') are attributable to MBC through a common UH/MBC governing board member, Ms. Momi Cazimero (``Cazimero''). For purposes of the NCE point system, an ``attributable interest'' is defined as ``an interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards that would be cognizable under the standards in the notes to Section 73.3555.'' MBC's Application disclosed that Cazimero sat on the governing boards of both organizations in 1996, and responded ``yes'' that a party to the application had an interest in another broadcast station. In 2001, MBC amended the Application to reflect that MBC's governing documents prevented MBC and its directors from having interests in other radio stations that would overlap the proposed
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  • an unsworn Opposition, maintains that CAE has no connection to FSI, and denies Oregon's allegations as speculative and unsubstantiated. For purposes of the NCE point system, an ``attributable interest'' is defined as ``an interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards that would be cognizable under the standards in the notes to Section 73.3555.'' The rule also identifies as attributable ``an interest of an entity providing more than 33 percent of an applicant's equity and/or debt that also either (1) supplies more than 15% of the station's weekly programming, or (2) has an attributable interest pursuant to � 73.3555 in media in the same market.'' As Oregon recognizes, an employment relationship is not cognizable
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  • for construction permit for minor modification of license to relocate the WMRN-FM facilities to a new location serving Dublin and to change channel from Channel 295B to Channel 294B1. Dublin lies within the Columbus, OH Arbitron Metro (Columbus Metro). When the Application was filed, the Columbus Metro was a forty-four station market as reported by BIA. In such markets, Section 73.3555 of the Commission's rules limits a single licensee to a cognizable interest in no more than four same-service stations. The Committee and Sandyworld opposed grant of the Clear Channel application, contending that WNRM-FM thereby would become Clear Channel's fifth cognizable interest in a same-service station within the Columbus Metro in violation of the Multiple Ownership Rules. Subsequently, BIA added one
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  • Objectors' suggestion that alternate buyers be found. Section 310(d) of the Act specifically prohibits the Commission from considering any entity other than the assignee proposed in the application before us. Finally, the Assignment Applications demonstrate that Hutton's proposed degree of ownership in the markets at issue satisfies the multiple ownership limits established by Section 202 of the Act and Section 73.3555 of the Rules, and we find no basis in Objectors' inference to the contrary. Based on the above, we find that the Objectors have not raised a substantial and material question of fact warranting further inquiry. We further find that Hutton Broadcasting, LLC is qualified as the assignee and that grant of the Assignment Applications is consistent with the public
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  • little premature for me to say anything, since it is still in the permitting stage.'' The story further states that ``Toole, who listed himself as the station's sole proprietor in his FCC application, said he presently does not own any other media.'' The alleged ``ambiguity'' of these statements is not apparent. Reply at 1. Id. See generally 47 C.F.R. � 73.3555 and Note 2, as to what interests in a licensee are considered attributable. The ``key employee relationships'' component of the cross-interest policy was eliminated in 1999. This aspect of the cross-interest policy had prohibited an individual who served as a key employee, such as a general manager, of one station from holding an attributable ownership interest in another station in
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  • or potential violation of the Act or the Rules. The Commission does not regulate the non-broadcast activities of station personnel or announcers. Accordingly, these allegations are not relevant to determining CBS's character qualifications. 16. The Rochester Stations Assignment Application. As noted above, the Rochester Stations Assignment Application contains a request for waiver of the Commission's local radio ownership rules, Section 73.3555(a)(1) of the Rules. This Rule permits an entity to own, operate, or control (1) up to eight commercial radio stations, not more than five of which are in the same service (i.e., AM or FM), in a radio market with 45 or more radio stations; (2) up to seven commercial radio stations, not more than four of which are in
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  • defined by the area encompassed by the mutually overlapping principal community contours of the stations proposed to be commonly owned. The Commission is using this method pending the outcome of an ongoing rulemaking proceeding which seeks comment on methods to establish geographic boundaries for non-rated markets. See Ownership Order, 18 FCC Rcd at 13729-30 and 13870-73. See 47 C.F.R. � 73.3555(a)(1). Each market, so defined, contained 37, 32, or 26 stations, of which Inland would own 6 or 7. RPI argued that Inland's interests would exceed those permissible because Inland would have attributable interests in six of the nine commercial stations in that ``market'' and would create a ``duopoly.'' See Initial Ruling, 20 FCC Rcd at 8843. Petition at 5. The
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  • conditioned. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau On October 3, 2007, Stratus filed an Opposition to Petition to Deny and Cumulus filed an Opposition to Petition to Deny. On October 10, 2007, Midwest filed a Reply to Oppositions to Petition to Deny. See (lead) File No. BALH-20061226AAY. File No. BALH-20061226ABJ. File No. BAL-20061226ABC. See 47 C.F.R. � 73.3555(a)(1)(iv). 47 C.F.R. � 73.3518. The rule states: ``While an application is pending and undecided, no subsequent inconsistent or conflicting application may be filed by or on behalf of or for the benefit of the same applicant, successor or assignee.'' 47 C.F.R. � 73.1150. In pertinent part, this rule states that a licensee selling a station ``may retain no right of
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  • a case-by-case approach would ``impose substantial burdens on small-market radio broadcasters.'' The Commission reasoned that the appropriate course is to develop market definitions for non-rated markets through the rulemaking process. The rulemaking proceeding regarding non-rated markets is still ongoing. In light of the Commission's concerns articulated in the Ownership Report and Order and discussed above, we determine compliance with Section 73.3555(a) in this case under the current rule, i.e., by applying the interim contour-overlap methodology. Staff review confirms that the proposed transaction forms two separate radio markets. In the first market, BBI would own three FM stations and one AM station in a 10-station market. In the second market, BBI would also own three FM stations and one AM station in
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  • a Petition to Deny the Assignment Application. For the reasons stated below, we deny the Petition to Deny and grant the Assignment Application. Background. PCI states that grant of the Assignment Application would add to KSRM's ``already anti-competitive group of stations,'' providing KSRM with an unfair advantage over its competitors. PCI also argues that the proposed transaction would violate Section 73.3555 of the Commission's Rules. Discussion. With regard to PCI's competition claims, we initially note that Station KZNZ(FM) is not located in a market that is rated by Arbitron. In its extensive review of the broadcast ownership rules, the Commission determined that, where transactions involve non-Arbitron rated markets, it would continue to apply its contour-overlap methodology, with certain modifications, to determine
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  • both subsidiaries of Cumulus Media Inc. (collectively ``Cumulus'') to avoid attribution of those stations to Cumulus. Absent these arrangements, Cumulus would have held attributable interests in five stations in the Kansas City Arbitron Metro, exceeding by one the number of stations in which it could hold attributable interests for the purpose of compliance with the radio multiple ownership rule, Section 73.3555 of the Commission's Rules. Thus, KMAJ-FM and KCHZ(FM) are no longer attributable to Cumulus as a result of the consummation of the assignments of these licenses to KCT. Discussion. To obtain a waiver of the Commission's competitive bidding rules, an applicant must show: (i) that the underlying purpose of the rule would not be served, or would be frustrated, by
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  • Facility ID No. 40052 File No. BALH-20050427ABB Application for Assignment of License Gentlemen: We have before us the above-captioned application (the ``Application'') for consent to the assignment of the license for Station WMIO(FM), Cabo Rojo, Puerto Rico (the ``Station''), from Bestov Broadcasting, Inc. to Arso Radio Corporation (``Arso''). The Application includes an unopposed request by Arso for waiver of Section 73.3555(a) of the Commission's Rules, which sets forth the limits on the number of stations a party may own in a local radio market (the ``Waiver Request''). For the reasons set forth below, we conditionally waive Section 73.3555(a) and grant the Application. This waiver is conditioned on the outcome of Arso's Petition for Reconsideration of the Commission's Ownership Order. Background Arso
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  • Wilkinson, will hold one percent of the assets and one percent of the votes. Holladay Broadcasting consummated the grant of its assignment application for the KNOE(AM) license on March 4, 2008 (File No. BAL-20061213AIW). Also on March 4, 2008, Holladay Broadcasting complied with a condition of that grant and surrendered the license for Station KMLB(AM), Monroe, Louisiana. 47 C.F.R. � 73.3555(a)(1)(iii). 47 C.F.R. � 73.3555(a). Petition to Deny at i. Id. at 14. 47 C.F.R. � 309(d). Citizens for Jazz on WRVR v. F.C.C., 775 F.2d 392, 395 (D.C. Cir. 1985). See also 47 U.S.C. � 309(d)(1) (``The petition shall contain specific allegations of fact sufficient to show that . . . grant of the application would be prima facie inconsistent
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  • KBUR and KBKB to Pritchard Broadcasting and the assignment of the licenses of KGRS and KBKB-FM to Titan ``seems like a clever way to elude the FCC and bypass multiple ownership laws,'' because of the familial relationship of the Assignee Parties. The Assignee Parties assert that familial relationship, alone, does not create an attributable interest within the meaning of Section 73.3555(a)(1)(iii) of the Commission's Rules (``Rules'') (``Local Radio Ownership Rule''). They claim that the proposed assignments of licenses comport with the non-attributable interest factors set out in the Clarification of Commission Policies Regarding Spousal Attribution, Policy Statement, 7 FCC Rcd 1920 (1992) (``Policy Statement''). Specifically, the Assignee Parties state under penalty of perjury: (1) that Pritchard Broadcasting and Titan will not
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  • to Auction Procedures for the 800 MHz SMR Auction (Auction No. 16), Public Notice, 12 FCC Rcd 13,449, 13,450 (WTB 1997). See also Auction of Licenses in the 747-792 MHz Bands Scheduled for September 6, 2000, Public Notice, 15 FCC Rcd 11,526, 11,547 (WTB 2000). See supra para. 27. Nassau Petition at 4. Id. at 3. See 47 C.F.R. � 73.3555(a). Advance, 22 FCC Rcd at 18,850 � 7, 18,853 � 16. Id. at 18,851-52 � 10. Nassau Amendment to Petition at 5-6. See supra para. 25. Nassau Amendment to Petition at 4-5. Advance, 22 FCC Rcd at 18,852 � 13. We stated, ``[W]e do not base our decision on Advance's claim that it relied on faulty third-party software. . .
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  • 85 FCC 2d 713, 715 (1981)). See MSG-Madifide Shared Services Agreement at 2-4. See id. at 5. Madifide and its president, Jesus M. Soto, already have a ``cognizable interest'' in the licenses of several other broadcast stations in the Puerto Rican radio market, and any added interest associated with a new license would currently result in a violation of Section 73.3555 of the Rules regarding multiple ownership. See 47 C.F.R. � 73.3555. See 47 U.S.C. � 503(b)(6). 47 C.F.R. � 1.80(b)(4). See, e.g., Contemporary Media, Inc. v. FCC, 214 F.3d 187, 192 (D.C. Cir. 2000). See In re Ultimate Medium Communications Corporation, Notice of Apparent Liability for Forfeiture and Order, 22 FCC Rcd 17282, 17285 (2007). See LUJ, Inc., 17 FCC
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  • before us the above-captioned application (the ``Application'') of Multicultural Radio Broadcasting Licensee, LLC (``MRBL'') for a minor modification of the license for Station WNYG(AM), Babylon, New York. The Application proposes to implement a change in WNYG(AM)'s community of license and seeks a six-month waiver (the ``Waiver Request'') of a provision in Note 4 to the local radio ownership rule, Section 73.3555 of the Commission's Rules (the ``Rules''). For the reasons set forth below, we grant the Waiver Request and the Application. Background. In its Application MRBL proposes to change the community of license of Station WNYG(AM) from Babylon to Medford, New York. WNYG(AM) is currently, and upon implementation of the proposed modification will remain, one of 149 radio stations in the
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  • No. BTCH-20050105ACS Request for Temporary Waiver and/or Stay Dear Counsel: We have before us an April 30, 2008, ``Request for Temporary Waiver and/or Stay'' (``Request'') filed on behalf of Nassau Broadcasting I, LLC (``Nassau''). The Request seeks a temporary waiver of the Commission's attribution rule for in-market Joint Sales Agreements (``JSA'') or, in the alternative, a temporary stay of Section 73.3555 Note 2(k)(1) (``Note 2'') until the final disposition of Nassau's pending Application for Review of the Media Bureau's March 31, 2008, decision dismissing the referenced application (the ``Application''). For the reasons set forth below, we deny the Request for both waiver and stay. Background. On January 5, 2005, the parties filed the Application, which sought Commission approval for transfer of
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  • that cap, no party may have an attributable interest in more than ten applications filed in the October window. For purposes of the NCE point system, an ``attributable interest'' is defined as ``an interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards that would be cognizable under the standards in the notes to Section 73.3555.'' The rule also identifies as attributable ``an interest of an entity providing more than 33 percent of an applicant's equity and/or debt that also either (1) supplies more than 15% of the station's weekly programming, or (2) has an attributable interest pursuant to � 73.3555 in media in the same market.'' A mere employment relationship is not cognizable under the
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  • portion of the relevant contours. Applying the interim contour overlap methodology, staff review confirms that the proposed transaction would be in compliance with the numerical limits of the local radio ownership rule. In the subject market, JAC would own two FM stations and two AM stations. Staff analysis establishes that there are eight radio stations in this market. Under Section 73.3555(a)(1)(iv) of the Commission's rules, in a radio market with 14 or fewer full-power, commercial and noncommercial educational radio stations, a person may have a cognizable interest in licenses for AM or FM radio broadcast stations for not more than five commercial stations in total, and not more than three commercial stations in the same service (AM or FM), provided however,
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  • the assignment on September 1, 2007. FLAIM requests the Commission to reconsider its grant of the Applications and rescind its consent to the assignments. FLAIM describes itself as an unincorporated association of individuals who reside and work in the Ithaca, New York, market. The essence of FLAIM's Petition is that - although Saga complies with the station limits in Section 73.3555(a)(1) of the Commission's Rules (the ``Local Radio Ownership Rule'') - Saga's operation of five stations in the Ithaca market would result in an undue concentration of ownership that will impede viewpoint diversity, particularly with respect to news coverage. FLAIM argues that the Commission's staff inappropriately evaluated the Applications by applying the ``bright line'' test for multiple ownership analysis established in
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  • 314, � II, Item 3. Assignment Application, Exhibit 4. MSG and Mejia cite to In re LUJ, Inc. and Long Nine, Inc., Memorandum Opinion and Order, 17 FCC Rcd 16980 (2002) (``LUJ, Inc.''), to support their decision to redact certain proprietary information which they deemed not to be germane to the Commission's consideration of the Application. See 47 C.F.R. � 73.3555(a). In considering a Section 73.3555(a) waiver request for another transaction, the Commission recently noted that Madifide's principal, Jesus M. Soto, has attributable interests in 13 radio stations in Puerto Rico, thus exceeding the limits imposed for a local radio market of its size. See Arso Radio Corp., Memorandum Opinion and Order, 22 FCC Rcd 2549 (MB 2007). Mr. Soto's current
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  • concur with Vernal's assessment that permitting Forever to benefit immediately from this market definition change would undermine the safeguards that the Commission specifically established to protect the reliability of an Arbitron Metro-based methodology. In light of the above finding, we must then determine when Forever may rely on the cancellation of the Johnstown Arbitron Metro to establish compliance with Section 73.3555(a) of the Commission's Rules. Based on the totality of circumstances, we find that a two-year waiting period began on October 2, 2007 -- the date that Arbitron issued the Cancellation Notice. Thus, Forever may not rely on the Johnstown Arbitron Metro market cancellation at this time to demonstrate that its proposed acquisition of the Stations would comply with the local
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  • of the Renewal Applications or designation of the Renewal Applications for hearing. On September 27, 2006, the staff denied the Objection and granted the Renewal Applications (``Staff Ruling''). In its Objection, WJZD alleged that: (1) the Licensee ``engineered'' an unauthorized transfer of control of its station WQYZ(FM), Ocean Springs, Mississippi; (2) the Licensee ``may have been in violation'' of Section 73.3555 of the Commission's Rules (the ``Rules''); (3) the Renewal Applications should have been denied or designated for hearing because the Licensee ``is a recidivist violator of Section 1464'' of Title 18 of the United States Code due to its continued broadcast of indecent material; and (4) the Licensee lacked the qualifications to be a licensee based on misrepresentation and lack
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  • BIA study for the Manchester, New Hampshire Metro listing 18 stations, including WWKH(FM), in the ``Home Market.'' Id., Attachment 18. Nassau would own Manchester Market Stations WJYY(FM), Concord, New Hampshire, WHOB(FM), Nashua, New Hampshire, and WNNH(GM), Henniker, New Hampshire, as well as WWKH(FM). See Broadcast Actions, Public Notice, Report No. 46168 (Feb. 8, 2006) (``Public Notice''). See 47 C.F.R. � 73.3555(a)(1)(iii). Nassau argues that, because dismissal of the captioned application occurred by the Public Notice, it is unclear why the application does not comply with the multiple ownership rules. Petition at 7. Nassau's Petition, which addresses only the impact of the Arbitron market definition change, belies this claim. In any event, this letter decision moots Nassau's first objection. See Arbitron Press
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  • Clovis Metro. Using the Clovis Metro as the relevant geographic market, a staff analysis establishes that BIA currently lists 21 commercial and noncommercial educational radio stations as ``home'' to that market. Walker presently owns five stations in the Clovis Metro. Through his acquisition of KIJN-FM, Walker would own four FM and two AM stations in the Clovis Metro. Under Section 73.3555(a)(1)(iii) of the Commission's rules, in a radio market with between 15 and 29 full-power, commercial and noncommercial radio stations, a person or single entity may have a cognizable interest in licenses for AM or FM radio broadcast stations for not more than six commercial stations in total, and not more than four commercial stations in the same service (AM or
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  • or material questions of fact that would require denial of the applications, resolution in a hearing, or imposition of the requested condition. 16. In the Ownership Order, the Commission adopted a new, geography-based definition of radio markets based on Arbitron Metros as reported by BIA. This new market definition is used to determine compliance with the numerical limits under Section 73.3555(a) of the Commission's Rules (``Rules'') in Arbitron-rated markets. When the Commission adopted its bright-line, geography-based radio rule for rated markets, it concluded that ``[b]y applying the numerical limits of the local radio ownership rule to a more rational market definition, we believe that, in virtually all cases, the rule will protect against excessive concentration levels in local radio markets that
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  • are licensed to communities located outside Arbitron Metros. The Commission has specified that, for purposes of the local radio ownership rule, the local markets of these stations are defined using the interim, contour-overlap methodology. Id. Based on application of this methodology here, we analyzed an additional 11 radio markets for compliance with the local radio ownership rule. 47 C.F.R. � 73.3555(a)(1). See 2002 Biennial Review Order, 18 FCC Rcd at 13807-10. See also Prometheus Radio Project, et al. v. FCC, No. 03-3388 (3d Cir. Sept. 3, 2003) (granting motion for stay of effective date of new rules), stay modified on reh'g, No. 03-3388 (3d Cir. Sept. 3, 2004). The licenses to be divested to the Trust are those for WWHQ(FM), Meredith,
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  • Opposition on February 1, 2010, to which ROI replied on February 2, 2010. Eleven radio stations serve the Ithaca Metro. Saga is licensee of: WHCU(AM), WNYY(AM), WYXL(FM), WQNY(FM), Ithaca, and WHII(FM), Courtland, New York; and FM translator stations W277BS, W240CB, W254BF, and W262AD, Ithaca. See Broadcast Actions, Public Notice, Report No. 47165 (rel. Feb. 3, 2010). See 47 C.F.R. � 73.3555. See n.18, infra. 47 C.F.R. �� 73.3587, 1.102(b)(1), and 1.4. See, e.g., Richard F. Swift, Esq., and Alan Stuart Graf., Esq., Letter, 24 FCC Rcd 12426, 12427 (MB 2009). See 47 C.F.R. � 1.106(c), (d); see also WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964) (``WWIZ''), aff'd sub. nom. Lorain Journal Co. v. FCC, 351 F.2d 824
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  • to Petition to Deny'' (``2010 Citadel Opposition'' and ``2010 Trust Opposition,'' respectively), to which Petitioners filed a joint reply on October 6, 2010. See Existing Shareholders of Citadel Broadcasting Corp., and of The Walt Disney Co., etc. for Consent to Transfers of Control, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 7083 (2007). 47 C.F.R. � 73.3555. See Citadel Broadcasting Company, Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 7083 (2007) (the ``Citadel Divestiture Trust Order''). See File No. BALH-20060228ALE-ALO at Attachment 4. See id.; 2006 Trust Agreement at Section 4(d)(ii). File No. BPH-20070119AEM. See File No. BPH-20070413AFJ. See File No. BPH-20070119AEM, as amended, on April 13, 2007. See Broadcast Actions, Public Notice,
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  • a Reply. 47 C.F.R. � 73.3566(a). See File Nos. BAL-20100517ADY, et seq. Additionally, NNB assigned FM translator station K232CB to the Receiver. The parties submitted with the Assignment Applications a copy of the Trust Agreement and related Engagement and Assignment Agreement. Allen N. Blum is the Designated Trustee. See Assignment Applications, Exhibit 5, Agreements to Assignment. See 47 C.F.R. � 73.3555(a)(1)(iii). 47 C.F.R. � 73.3555(a). See 47 C.F.R. � 73.3555(a)(1)(iii). CCR Petition at 6. Id. at 10. Receiver Opposition at 12 (citing Shareholders of AMFM, Inc., Memorandum Opinion and Order, 15 FCC Rcd 16062, 16073 (2000)) (``AMFM''). AMFM, 15 FCC Rcd at 16072 (citations omitted). Id. at 16073. Infinity Broadcasting Corporation, Memorandum Opinion and Order, 12 FCC Rcd 5012, 5041 (1996)
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  • Ithaca Community Radio, Inc., Letter, 23 FCC Rcd 12910 (MB 2008) (``Ithaca'') (rejecting petitioner's attempt to apply an alternative propagation methodology to disqualify a grantable NCE FM construction permit application based on alleged interference); WIIZ(FM), Battle Ground, IN, Letter, 10 FCC Rcd 3159, 3160 (MMB 1995) (rejecting petitioner's attempt to disqualify an assignment application that had demonstrated compliance with Section 73.3555 using standard calculation methods set forth in Section 73.313, holding that requiring applicants with conforming applications to defend applications against alternative prediction methodologies would result in unreasonable delay to the applicants and unnecessary administrative burden upon the limited technological resources available to the Commission for evaluating alternative prediction studies). Minor Change R&O, 12 FCC Rcd at 12402; see also, Ithaca,
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  • of the station....'' Broadcast Actions, Public Notice, Report No. 47166 (rel. Feb. 4, 2010). See Rocking M Radio, Letter, 25 FCC Rcd 1322, n.22 (MB 2010) (``Rocking M Radio'') (citing Network Affiliated Stations Alliance (NASA) Petition for Inquiry into Network Practices and Motion for Declaratory Ruling, Declaratory Ruling, 23 FCC Rcd 13610, 13611 (2008)). Petition at 3; 47 C.F.R. � 73.3555(c). Petition at 3. Citadel Broadcasting Co., Memorandum Opinion and Order and Notice of Apparent Liability, 22 FCC Rcd 7083 (2007) (``Citadel''). Existing Shareholders of Clear Channel Communications, Inc., Memorandum Opinion and Order, 23 FCC Rcd 1421 (2008) (``Clear Channel''). We have reviewed the Citadel and Clear Channel provisions and find them almost identical to the provision at issue. Here, the
• http://www.fcc.gov/fcc-bin/audio/DA-11-1546A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1546A1.pdf
  • Free Press' Comments are noted and discussed below. 16. Local Radio Ownership Rule Concerns. The CMI Subsidiaries and Citadel are direct competitors in very few markets. As a result, only six stations in four markets will be divested due to radio market overlap. As structured here and conditioned below, the proposed transaction complies with our local radio ownership rule, Section 73.3555(a)(1). In addition, the proposed transfer of control of CMI and Citadel to the new stockholders of CMI will terminate the licensees' ability to maintain certain grandfathered ownership interests that do not comply with the Commission's current multiple radio ownership rules. Eight stations in seven markets are impacted by the loss of grandfathered status. To resolve this issue, CMI and Citadel
• http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1845A1.pdf
  • debt interests, in the aggregate, exceed 33 percent of the total asset value of the applicant, even if such an interest is non-voting. In the Diversity Order, the Commission relaxed the equity/debt plus (``EDP'') attribution standard, to allow for higher investment opportunities in entities meeting the definition of ``eligible entities.'' An ``eligible entity'' is defined in Note 2(i) of section 73.3555. On July 7, 2011, the United States Court of Appeals for the Third Circuit issued a decision vacating the Commission's ``eligible entity'' definition, and remanding those provisions of the Diversity Order that rely on the ``eligible entity'' definition. Consistent with the Court Decision, actions required on remand will be addressed within the Commission's 2010 Quadrennial Review of the media ownership
• http://www.fcc.gov/fcc-bin/audio/DA-11-1873A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1873A1.pdf
  • 2004). See also 47 C.F.R. �� 73.5007(a), (b) (applicant receives no bidding credit if any of an applicant's commonly owned mass media facilities serves the same area as the proposed broadcast station; AM and FM broadcast stations are considered to be in the ``same area'' if the principal community contours of the attributable and auctioned facilities overlap). 47 C.F.R. � 73.3555(a). L.T. Simes II and Raymond Simes, Letter, Ref. No. 1800B3-TSN (MB March 11, 2005) (``March 2005 Letter''). See February 2006 Letter. Id. at 3 (acknowledging that the staff inadvertently neglected to note the Friars Point overlap in the Simes Acceptance Letter). See Petition at 3. Specifically, the Simes argue that the Commission should have allowed them either to obtain a
• http://www.fcc.gov/fcc-bin/audio/DA-11-709A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-709A1.pdf
  • do not invariably necessitate evidentiary hearing regarding a contested license assignment); see also Citizens for Jazz on WRVR v. FCC, 775 F.2d 392, 394 (D.C.Cir. 1985) (evidentiary hearing not required where no substantial and material question of fact presented). 47 C.F.R. � 1.106(c)(2). See 47 C.F.R. � 73.7003. See Comparative Consideration Order, 25 FCC Rcd at 8797-98, � 11. and 73.3555. Interests of certain entities providing more than 33 percent of the applicant's equity and/or debt are also attributable. Id.; see also Section IV, Question 2, FCC Form 340. Comparative Consideration Order, 25 FCC Rcd at 8797-98, � 11. Southwest Application, Attachment 2A. In its Opposition to Darton's Petition to Deny, Southwest provided a copy of its revised by-laws ``to corroborate
• http://www.fcc.gov/fcc-bin/audio/DA-11-99A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-99A1.pdf
  • in BALH-20091007AAM. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Petition to Deny at (i). Radio Monroe filed an Opposition to Petition to Deny on December 1, 2009, and Holladay filed an Opposition to Petition to Deny on December 1, 2009. Opus filed a Reply to Oppositions to Petition to Deny on December 11, 2009. See 47 C.F.R. � 73.3555(a)(1)(iii). 47 C.F.R. � 73.3555(a). The EDP rule provides that the holder of an equity or debt interest in a broadcast station shall have that interest attributed to it for ownership purposes if: (1) the debt interest exceeds 33 percent of the total asset value, defined as the aggregate of all equity plus all debt, of the station; and (2) the
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  • C.F.R. �� 73.801, 73.503(d). See 47 C.F.R. �� 73.809, 73.810. See Appendix A.1. 47 C.F.R. � 73.855 (allowing not-for-profit organizations and governmental entities with a public safety purpose to own multiple LPFM licenses if one of the multiple licenses is submitted as a priority application and the remaining non-priority applications do not face a mutually exclusive challenge). 47 C.F.R. � 73.3555(a)(1). 47 C.F.R. � 73.3555(c), (e). 47 C.F.R. � 73.872(b)(3). Creation of Low Power Radio Service, Report and Order, 15 FCC Rcd 2205, 2208, �� 3, 4 (2000) (``LPFM Order''). Id. at 2211-12, �� 13-14; see also 47 C.F.R. � 73.811. No stations currently exist in the LP10 class. The Commission has not opened an application filing window for the class
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  • an NCE applicant's other interests, for purposes of applying an NCE point system, we will attribute the interests of the applicant, its parent, and its subsidiaries, their officers and members of their governing boards. This standard is similar to commercial attribution standards in which directors, officers, and voting stockholders in a commercial entity have attributable interests. See 47 C.F.R. � 73.3555 note 2. Thus, even if an NCE organization and its parent organization do not have any other broadcast interests, we would also look to the interests of officers and directors, as we do for commercial applicants. For example, if the president of an applicant for a new NCE television station also serves on the board of another local television station,
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  • for small entities. In fashioning its Report in the Commission's Biennial Review Proceeding (MM Docket No. 98-35) the Commission considered a number of alternatives to the subject counting methodology policy. These alternatives were: (1) retention of the existing radio market definition policy; (2) modification of the existing radio market definition policy; (3) retention of the existing rule (47 CFR � 73.3555(a)(3)(ii)) concerning counting the number of stations in the radio market; (4) modification of the existing rule concerning counting the number of stations in the radio market; (5) retention of the existing policy for counting the number of stations a party owns in a radio market; and (6) modification of the existing policy for counting the number of stations a party
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  • actions. Although the influence of a minority shareholder may be diminished somewhat where a single majority shareholder controls the licensee, we have no reason to believe that the minority shareholder's influence is eliminated or so attenuated in such circumstances that we should ignore its ownership interest for purposes of our ownership rules. Accordingly, we will amend Note 2 of Section 73.3555 of our rules to eliminate the single majority shareholder exemption from the broadcast attribution rules. We further conclude that the single majority shareholder exemption will no longer apply to minority interests acquired on or after the adoption date of this Memorandum Opinion and Order. Accordingly, any minority interests in a company with a single majority shareholder will be grandfathered if
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  • 56 (1996). 2002 Biennial Regulatory Review - Review of the Commission's Broadcast Ownership Rules and Other Rules adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Cross-Ownership of Broadcast Stations and Newspapers, Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, Definition of Radio Markets, 17 FCC Rcd 18503 (2002) (``Notice''). 47 C.F.R. � 73.3555(e) (prohibiting any entity from controlling television stations the audience reach of which exceeds 35% of television households in the United States). For a definition of what constitutes an attributable interest for purposes of applying our multiple ownership rules, see notes to 47 C.F.R. � 73.3555. 47 C.F.R. � 73.3555(b) (allowing the combination of two television stations in the same Designated
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  • authorization to form this committee we will ask it to make consideration of this issue among its top priorities. APPENDIX H RULE CHANGES 47 CFR Part 73 is amended to read as follows: PART 73 - RADIO BROADCAST SERVICES The authority citations for part 73 continue to read as follows: Authority: 47 U.S.C. �� 154, 303, 334, and 336. Section 73.3555 is amended by revising paragraphs (a) and (b), removing paragraphs (c) and (d), and adding a new paragraph (c); by redesignating paragraphs (e) and (f) as (d) and (e) and revising paragraph (d); by retaining all notes in force, revising Notes (1), 2(i)(2)(ii), 2(j), 4, 5, 6 and 7, and by adding new Notes 2(k), 11 and 12 to read
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  • Id. (emphasis added) See Bowen v. Georgetown University Hospital, 488 U.S. 204, 208 (1988). See Fox Television Stations, Inc., 280 F.3d 1027 (D.C. Cir. 2002); See also Sinclair Broadcast Group, Inc. v. FCC, 284 F.3d 148 (D.C. Cir. 2002). Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets, 16 FCC Rcd 19861 (2001). 47 C.F.R. � 73.3555(a); Cross-Ownership of Broadcast Stations and Newspapers, 16 FCC Rcd 17283 (2001). 47 C.F.R. � 73.3555(d); 2002 Biennial Regulatory Review-Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, 17 FCC Rcd 26294 (2002); FCC Seeks Comment on Ownership Studies Released by Media Ownership Working Group and Establishes Comment Deadlines
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  • or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, have attributable interests in more than three mass media facilities. ``Media of mass communications,'' as defined in Section 73.5008(b), include ``an AM or FM broadcast station'' and attributable interests, as defined in Section 73.5008(c), are to be determined ``in accordance with � 73.3555 and Note 2'' to that section. At the time MCBI filed its Form 175 application, it was the 100% owner and licensee of stations KCFB(FM), St. Cloud, Minnesota, and KTIG(FM), Pequot Lakes, Minnesota, both licensed as noncommercial educational (``NCE'') stations. The Bureau found MCBI eligible for the NEBC, based on subsection (f) of Section 73.3555 (Multiple Ownership), which then stated
• http://www.fcc.gov/fcc-bin/audio/FCC-08-142A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-142A1.pdf
  • containing predicted contour plots using both the standard and the supplemental methods. See 46 C.F.R. � 73.313(e). See, e.g., Letter to Lee Shubert, Esq., 10 FCC Rcd 3159, 3160 (MMB 1995). There, Commission staff rejected a petitioner's attempt to apply (Longley-Rice) Tech Note 101 calculations in order to disqualify an assignment application that had demonstrated compliance with 47 C.F.R. � 73.3555 using standard calculation methods set forth in 47 C.F.R. � 73.313, holding that requiring applicants with conforming applications to defend applications against alternative prediction methodologies would result in unreasonable delay to the applicants and unnecessary administrative burden upon the limited technological resources available to the Commission for evaluating alternative prediction studies. Id. 47 C.F.R. � 73.313(e). See also note 9,
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  • in this case because the stations provide service to the city of Ithaca as well as to surrounding population centers. In light of the above, we are unpersuaded that the revised radio ownership rule now in effect is inadequate to protect against competitive harm in this transaction. The staff properly analyzed this transaction by applying the numerical limits of Section 73.3555(a), using the Ithaca Metro as the relevant geographic market. We find that FLAIM has not raised a substantial and material question of fact warranting further inquiry. We further find no error in the staff's conclusion that the assignment of this existing radio station combination is consistent with the public interest, convenience, and necessity. Saga's acquisition of a fifth station in
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  • ``CCC-Newport applications''). At this point, however, the proposed television transaction has not closed. In case the proposed television transaction does not close prior to the consummation of the Merger Applications, we incorporate by reference our findings in the Clear Channel TV Order, with one exception. In the Clear Channel TV Order, the Commission granted a six-month temporary waiver of Section 73.3555(b) of the Rules (the ``local television ownership rule'') to permit common ownership of WAWS(TV) and WTEV-TV, Jacksonville , Florida. Though both owned by CCC prior to filing of the CCC-Newport applications, common ownership failed to comply with the local television ownership rule at the time the CCC-Newport applications were filed due to the audience share ranking of WAWS(TV). We note,
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  • 4. The staff excluded three stations in calculating the number of stations in the market. The staff thus found that AAA would own four FM stations and no AM stations in a 17-station market post-transaction, and would thus still comply with the local radio ownership rule. The Staff Decision: (1) found no basis to depart in this case from Section 73.3555(a) to determine the number of stations in the market, and therefore counted all stations whose principal community contours overlap the market's defining contours; (2) concluded there was no Pine Bluff problem warranting deferral; and (3) affirmed that the relevant geographic market for purposes of assessing the competitive effects of the transaction is the Arbitron Nassau-Suffolk, New York, metropolitan area (the
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  • Facility ID No. 25533 Adopted: March 18, 2008 Released: March 19, 2008 By the Commission: Introduction We have before us a ``Motion to Show Cause and Petition for Revocation of Waiver'' (``Motion'') filed by Radio Fargo-Moorhead, Inc. (``RFM'') on April 5, 2007. The Motion, citing changed circumstances, requests that the Commission revoke its grant of a temporary waiver of Section 73.3555(a)(1)(iii) of the Commission's Rules (the ``Rules'') permitting Triad Broadcasting Company, LLC and Monterey Licenses, LLC (collectively, ``Triad'') to continue a Joint Sales Agreement (``JSA'') involving KEGK(FM), Wahpeton, North Dakota, licensed to Guderian Broadcasting, Inc. (``Guderian''). We also have before us an opposition to the Motion filed by Triad and Guderian on April 18, 2007, and a reply filed by RFM
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  • 494 F.2d at 1146 n.2. See, e.g, Martin W. Hoffman, 12 FCC Rcd 5224, 5229 � 11 (1997) (``LaRose v. FCC does not stand for the proposition that the Commission should subrogate its policies in order to accommodate other Federal policies''). See Petition to Deny at 11-17. Id. at 11-12 (arguing that the proposed assignment would violate 47 C.F.R. � 73.3555(a)(1)(iv), which provides that in a market with 14 or fewer full power radio stations a person may not have a cognizable interest in more than five commercial radio stations or more than three commercial stations in the same service (AM or FM)). 47 C.F.R. 73.3555 (Note 2(i) (``[T]he holder of an equity or debt interest or interests in a broadcast
• http://www.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • or from noncommercial to commercial? rule_73_1692_ind the application being file pursuant to 73.1692 to demonstrate that construction near varchar(1) this facility or an installation of another antenna does not adversely affect the operations of this facility rule_73_207_ind Facility complies with Rule 73.207 varchar(1) rule_73_315ab_ind Facility complies with Rule 73.315 for community coverage (yes/no) varchar(1) rule_73_3555_ind Compliance with 47 C.F.R. Section 73.3555 Indicator varchar(1) rule_73_525a1_ind TV Channel 6 Protection Requirements 73.525(a)(1) met Indicator varchar(1) rule_73_6011_ind Facility complies with Rule 73.6011 (yes/no) varchar(1) rule_73_6012_ind Interference: Facility complies with the LPTV station protection Rule varchar(1) rule_73_6013_ind Facility complies with Rule 73.6013 (yes/no) varchar(1) rule_73_6020_ind Facility complies with Rule 73.6020(yes/no) varchar(1) rule_73_68_ind The facility does not use a sampling system or the sampling system complies
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/93-301.pdf
  • factsandfailedtocomplywithSection1.65oftheCom- mission'sRuleswithrespecttoitsfinancialqualifications. NIU/REBF,intheirapplication,answered"no"tothe questionabouttheirdependenceuponaPublicTelecom- municationsFacilitiesProgram("PTFP")grant.However theyapparentlyhadalsoappliedforaPTFPgrant.The staffinterpretedtheapplicationforaPTFPgrantasimply- ingsomedegreeoffinancialdependenceonaPTFPgrant toestablishNIU/REBF'sfinancialqualifications.Accord- ingly.theChief.FMBranch,inaletterdatedNovember 16.1989.askedNIU/REBFtoprovideanamendmentdem- onstratingthatitwasfinanciallyqualified.Initsresponse datedDecember5,1989,NIU/REBFnotedthattheinquiry wasbaseduponan"erroneousfactualassumption"namely, thatNIU/REBFhadindicatedthatitwasdependent"on a FederalmatchinggrantfromthePublicTelecommunica- tionsFacilitiesProgramoftheNationalTelecommunica- tionsandInformationAdministration(NTIA)."Tothe contrary,NIU/REBFstatedthattheapplicantwasnotde- pendentonanunfundedPTFPgranttoconstructand operateitsfacilityandthatithadsostatedinitsapplica- tion.Furthermore,inresponsetoOpenMedia'sinstant petition,NIUreiteratedthatNIU/REBFhasbeenfinan- ciallyqualifiedatalltimes.andhastherequisitefundsto constructandoperateafacilityonChannel213without revenue.independentofanyPTFPfunding.OpenMedia's attemptstochallengeNIU/REBF'sfinancialqualifications- andtochargeNIU/REBFwithmisrepresentingfactsby referringtoNIU/REBF'sapplicationsforfundingfrom PTFP.andallegingthattheseactionsareinconsistentwith theNIU/REBFaffirmationofbeingfinanciallyqualified, donotraisespecificallegationsoffactwarrantingfurther inquiry.Anapplicationfiledwithusspecifyingthatitdoes notdependuponNTIA/PTFPfundingdoesnotpreclude andisnotinconsistentwithaseparateapplicationtoNTIA foraPTFPgrantthatmayincludeequipmentandfacilities inadditiontothefacilitiesspecifiedinitsFCCapplication. NIU/REBFaversthatsuchisthecasehere. 13.Asinitsapplicationforreviewchallengingthedis- missalofitsapplication,OpenMediaallegesthatgrantof NIU/REBF'sapplicationviolatedSection307(b)ofthe CommunicationsActof1934,asamended.Asnotedin paras.5-9.supra,thedispositivefactsarethatOpenMedia failedtodemonstrateitsentitlementtoawaiverofSection 73.509(a)oftheCommission'sRulesandthuswasnot qualifiedforcomparativeconsideration.Accordingly,we againaffirmthestaffrulingthatabsentacceptanceand designation,OpenMediawasnotentitledtoahearingon establishedthatwhereanexparteviolationisasingleincident, whichisnotrepeatedanddoesnotcauseprejudice,itdoesnot raiseasubstantialandmaterialquestionoffactwarranting furtherinquiry. 8FCCRcd.No.13 thecomparativeSection307(b)ramificationsofitspro- posal.Furthermore,OpenMedia'sallegationthatNIU's proposalinaseparateproceedingtoco-locateaChannel 202operationwiththeexistingChannel207facilityli- censedtoNorthernIllinoisUniversity(WNIU-FM)violates theCommission'smultipleownershiprulesandisgermane tothisproceedingissimplywrong.Section73.3555(f) (Multipleownership)oftheCommission'sRulesexempts NCE-FMstationsfromthestricturesofourmultipleown- ershiprules. 14.OpenMediafurtherallegesthatNIU/REBFdoesnot puta1mV/msignaloveramajorityofRockford,itspro- posedcommunityoflicenseandthereforethatinquiryis warrantedastowhetherNIU/REBFhasfalselystatedits communityoflicense.Werejectthiscontention.Thenote toSection73.315(FMTransmitterlocation)oftheCom- mission'sRulesexemptsNCE-FMstationsoperatingon reservedchannels(Channels200-220)fromthecity-grade requirementsofSection73.315.Accordingly,therequested investigationisnotwarranted. 15.Finally,OpenMediaclaimsthatgrantofthe NIU/REBFapplicationforChannel213wouldbecontrary toSections73.3517,73.3518and73.3520oftheCommis- sion'sRulesbecauseNIUandREBFhaveeachalready filedapplicationsforNCE-FMstationstoserveRockford onChannel202.'Thiscontentionisrejected.Theparties haveenteredintoanagreementofunderstanding,thepur- poseofwhichistodeterminewhichfrequencyeachwould obtain.NIU/REBFhaveexplainedthatthepurposeoftheir jointapplicationforChannel213wastoresolvethemu- tualexclusivitybetweentheirrespectiveapplicationsfor Channel202.Pursuanttotheagreement,shouldthejoint applicationforChannel213passacut-offlistunopposed, REBFwouldwithdrawfromthatjointapplicant.andNIU wouldrequestthedismissalofitsapplicationforChannel 202.a 16.Asnoted,Section73.3555(f)oftheCommission's Rulesprovidesthatthemultipleownershiprulesdonot applytoNCE-FMstations.Accordingly,itisclearthat bothNIUandREBFmayeachhavemorethanone noncommercialeducationalstationintheRockfordmar- ket.WithrespecttotheallegedviolationofSection73.3517 oftheCommission'sRules,therearenocontingentap- plications.IfeitherNIUorREBFhadfiledindividually forChannel213,theapplicationcouldhavebeengranted. TheonlyreasonthatneithertheNIUnorREBFapplica- tionforChannel202couldhavebeengrantedwasbecause theyweremutuallyexclusivewithoneanotherforthat channel.Thus.thereisnoviolationofSection73.3517. Furthermore,thepurposeofSection73.3518"istoavoid thewasteofCommissionresources,prejudicetoother TheAdministrativeLawJudgedismissedNIU'sapplication andgrantedREBF'sapplicationforChannel202byMemoran- dumOpinionandOrder,FCC90M-3525,releasedNovember6, 1990.However.aconstructionpermitforthefacilitywasnot issueduntilJuly29,1991.OnJune17,1991,REBFfiledan applicationtoassigntheconstructionpermittoFaithAcademy d/b/aWFEN.TheassignmentapplicationwasgrantedonOcto- ber2,1991,andthetransactionwasconsummatedonOctober 8,1991. , AlthoughOpenMedia'stimelyfiledapplicationcreated doubtaboutbringingNIUandREBF'splantofruition,the FederalCommunicationsCommissionRecord FCC93-301 applicants,anddelayofservicewhichariseswhenthe Commissionmustprocessapplicationsbythesameperson
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  • contour protection rule (47 C.F.R. Section 73.215), since the opposite contour-protected station could be adversely affected by the increased power; (c) where the station in question could potentially affect a Commission monitoring station or a designated radio quiet zone; (d) where the increased power would result in contour overlap which would violate the multiple ownership restrictions of 47 C.F.R. Section 73.3555; and (e) where the station in question is located within the Canadian or Mexican border zones and does not meet the minimum separations of 47 C.F.R. Section 73.207 with respect to a foreign station or foreign allotment, or where the station's authorized International Class does not permit operation with the maximum facilities permitted for that station's domestic station class. In
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/98-57.pdf
  • maps to demonstrate compliance with our local radio ownership rules. We propose to rely on applicant certifications in place of contour maps. An applicant would be in a position to make this local radio ownership certification only after completing a worksheet. To the extent a proposed transaction would involve more than one "market," as that term is defined in Section 73.3555(a)(4)(ii), we would require the applicant to complete the worksheet with regard to each such market. We seek comment on this proposal. In particular, we seek comment on whether our elimination of the requirement that applicants submit contour overlap maps will detrimentally affect the public's ability to access the information necessary to monitor station sales and thereby undermine the opportunity for
• http://www.fcc.gov/headlines2008.html
  • Tate on Her Appointment to Serve as Federal Chair of the Federal-State Joint Conference on Advanced Services. [1574]Word | [1575]Acrobat 3/19/08 Statement by Commissioner Tate on Closing of 700 MHz Auction. [1576]Word | [1577]Acrobat 3/19/08 FCC Releases Data on High-Speed Services for Internet Access. News Release: [1578]Word | [1579]Acrobat Report: [1580]Word | [1581]Acrobat 3/19/08 The Commission Terminates Waiver of Section 73.3555(a)(1)(iii) Granted to Guderian Broadcasting, Inc. Effective in Ninety Days. Order: [1582]Word | [1583]Acrobat 3/19/08 Commission Seeks Nominations for Federal-State Joint Conference on Advanced Services. News Release: [1584]Word | [1585]Acrobat 3/19/08 FCC Announces Second Public En Banc Hearing on Broadband Network Management Practices at Stanford University, Palo Alto, California. News Release: [1586]Word | [1587]Acrobat 3/19/08 Deletion of Agenda Items From March
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • modification of special service authorization. [640]TEXT [641]PDF 73.3544 Application to obtain a modified station license. [642]TEXT [643]PDF 73.3545 Application for permit to deliver programs to foreign stations. [644]TEXT [645]PDF 73.3549 Requests for extension of time to operate without required monitors, indicating instruments, and EAS encoders and decoders. [646]TEXT [647]PDF 73.3550 Requests for new or modified call sign assignments. [648]TEXT [649]PDF 73.3555 Multiple ownership. [650]TEXT [651]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [652]TEXT [653]PDF 73.3561 Staff consideration of applications requiring Commission action. [654]TEXT [655]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [656]TEXT [657]PDF 73.3564 Acceptance of applications. [658]TEXT [659]PDF 73.3566 Defective applications. [660]TEXT [661]PDF 73.3568 Dismissal of applications. [662]TEXT [663]PDF 73.3571 Processing of
• http://www.fcc.gov/mb/audio/decdoc/engrser.html
  • the July 23, 1998 Order, DA 98-1468, 13 FCC Rcd 13513: [ [875]WP5.1 | [876]Text ]. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [877]WP5.1 | [878]Text ]. NOTE: Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [879]62 FR 51052, released August 22, 1997 [ [880]WP5.1 | [881]Text ]. NOTE: Policy and procedures for supplemental showings for main studio location and FM community of license coverage. June 17, 1997 Radio Ingstad Minnesota [KMFX (FM)] MO&O, FCC 97-199,
• http://www.fcc.gov/mb/audio/decdoc/legalser.html
  • released November 25, 1998 [ [136]PDF ]. Rules effective February 16, 1999. [137]Document as a zipped file. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [138]WP5.1 | [139]Text ]. Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. April 3, 1998 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules and Processes NPRM, MM Docket 98-43, FCC 98-47, 13 FCC Rcd 11349, [140]63 FR 19226, released April 3, 1998 [ [141]PDF | [142]WP5.1 ]. January 30, 1998 Letter re KFPW (AM) and KBBQ (FM), Fort Smith AR Letter, dated January 30, 1998 [ [143]WP5.1 ]. Allegation
• http://www.fcc.gov/mb/audio/includes/30-engrser.htm
  • the July 23, 1998 Order, DA 98-1468, 13 FCC Rcd 13513: [ [829]WP5.1 | [830]Text ]. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [831]WP5.1 | [832]Text ]. NOTE: Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. August 22, 1997 Certain Minor Changes in Broadcast Facilities Without a Construction Permit R&O, FCC 97-290, 12 FCC Rcd 12371, [833]62 FR 51052, released August 22, 1997 [ [834]WP5.1 | [835]Text ]. NOTE: Policy and procedures for supplemental showings for main studio location and FM community of license coverage. June 17, 1997 Radio Ingstad Minnesota [KMFX (FM)] MO&O, FCC 97-199,
• http://www.fcc.gov/mb/audio/includes/31-legalser.htm
  • released November 25, 1998 [ [89]PDF ]. Rules effective February 16, 1999. [90]Document as a zipped file. May 8, 1998 Assignment of License [WZNY (FM), Augusta, GA] Letter, DA 98-877, 13 FCC Rcd 9467, released May 8, 1998 [ [91]WP5.1 | [92]Text ]. Supplemental showings are not acceptable to demonstrate compliance with the multiple ownership showings required by 47 CFR 73.3555. April 3, 1998 1998 Biennial Regulatory Review -- Streamlining of Mass Media Applications, Rules and Processes NPRM, MM Docket 98-43, FCC 98-47, 13 FCC Rcd 11349, [93]63 FR 19226, released April 3, 1998 [ [94]PDF | [95]WP5.1 ]. January 30, 1998 Letter re KFPW (AM) and KBBQ (FM), Fort Smith AR Letter, dated January 30, 1998 [ [96]WP5.1 ]. Allegation
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • modification of special service authorization. [593]TEXT [594]PDF 73.3544 Application to obtain a modified station license. [595]TEXT [596]PDF 73.3545 Application for permit to deliver programs to foreign stations. [597]TEXT [598]PDF 73.3549 Requests for extension of time to operate without required monitors, indicating instruments, and EAS encoders and decoders. [599]TEXT [600]PDF 73.3550 Requests for new or modified call sign assignments. [601]TEXT [602]PDF 73.3555 Multiple ownership. [603]TEXT [604]PDF 73.3556 Duplication of programming on commonly owned or time brokered stations. [605]TEXT [606]PDF 73.3561 Staff consideration of applications requiring Commission action. [607]TEXT [608]PDF 73.3562 Staff consideration of applications not requiring action by the Commission. [609]TEXT [610]PDF 73.3564 Acceptance of applications. [611]TEXT [612]PDF 73.3566 Defective applications. [613]TEXT [614]PDF 73.3568 Dismissal of applications. [615]TEXT [616]PDF 73.3571 Processing of
• http://www.fcc.gov/mb/audio/ssi/audio_pub.htm
  • 2008. [ [1029]PDF | [1030]Word ]. Denied request for temporary waiver or stay regarding joint sales agreement. August 8, 2008 Multicultural Radio broadcasting Licensee, LLC, for minor change construction permit for WNYG (AM), Babylon, NY, Letter, DA 08-1874, released August 8, 2008. [ [1031]PDF | [1032]Word ]. Change of community of license to Medford, NY, six month waiver of Section 73.3555 granted. August 7, 2008 Entercom Greenville License, LLC, for renewal of license for WYRD (AM), Greenville, SC, Forfeiture Order, DA 08-1859, released August 7, 2008. [ [1033]PDF | [1034]Word ]. $3,000 forfeiture order for violation of public inspection file rules (Section 73.3526). August 6, 2008 Frank Neely, licensee of WGIV (AM), Gastonia, NC, Letter, Forfeiture Order, DA 08-1849, released August
• http://www.fcc.gov/mb/engineering/76print.html
  • Affiliate. When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. (aa) Person. An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. (bb) Significant interest. A cognizable interest for attributing interests in broadcast, cable, and newspaper properties pursuant to 73.3555, 73.3615, and 76.501. (cc) Cable system operator. Any person or group of persons (1) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. (dd)
• http://www.fcc.gov/mb/engineering/part76.pdf
  • Affiliate. When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. (aa) Person. An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. (bb) Significant interest. A cognizable interest for attributing interests in broadcast, cable, and newspaper properties pursuant to ��73.3555, 73.3615, and 76.501. (cc) Cable system operator. Any person or group of persons (1) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or Page 10of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... (2) who otherwise controls or is responsible for, through any arrangement,
• http://www.fcc.gov/ogc/briefs/00-1222reh.pdf
  • 190 (1943)................................................7 National Railroad Passenger Corp. v. Boston & Maine Corp., 503 U.S. 407 (1992)...................5 New York v. FCC, 267 F.3d 91 (2d Cir. 2001)...............................................................................6 Northwest Airlines, Inc. v. FAA, 14 F.3d 64 (D.C.Cir. 1994).........................................................5 Reiter v. Sonotone Corp., 442 U.S. 330 (1979)..............................................................................5 Sinclair Broadcast Group, Inc. v. FCC, No. 01-1079 (D.C.Cir. April 2, 2002)..........................12 Statutes and Regulations 47 C.F.R. 73.3555(e).......................................................................................................................2 47 C.F.R. 76.501(a).........................................................................................................................2 47 U.S.C. 154(i)..............................................................................................................................6 47 U.S.C. 159(b)(1)(A)...................................................................................................................6 47 U.S.C. 201(b).............................................................................................................................6 47 U.S.C. 251..................................................................................................................................7 47 U.S.C. 251(c)(6).........................................................................................................................8 47 U.S.C. 251(d)(2)........................................................................................................................7 47 U.S.C. 303(f)..............................................................................................................................6 47 U.S.C. 303(r)..............................................................................................................................6 Pub. L. No. 104-104, �202(h), 110 Stat. 56 (1996)........................................................................2 Other Authorities H.R. Conf. Rep. 104-458, 104th Cong., 2nd Sess. (1996)..............................................................10 H.R. Rep. No. 104-204, 104th Cong., 1st Sess. (1995)..................................................................10 S.Rep. No. 104-23, 104th
• http://www.fcc.gov/ogc/documents/opinions/1998/tribune.html http://www.fcc.gov/ogc/documents/opinions/1998/tribune.wp
  • provides that "[n]o license for [a] ... TV broadcast station shall be granted to any party ... if such party directly or indirectly owns, operates or controls a daily newspaper and the grant of such license will result in [t]he Grade A contour of a TV station ... encompassing the entire community in which such newspaper is published." 47 C.F.R. 73.3555(d)(3) (1996). The Commission has explained that its rule rests on the twin goals of promoting viewpoint diversity and economic competition. See Multiple Ownership of Standard, FM, and Television Broadcast Stations, Second Report and Order, 50 F.C.C.2d 1046, 1074 (1975). Its constitutionality was unanimously upheld by the Supreme Court in FCC v. National Citizens Committee for Broadcasting (NCCB), 436 U.S. 775
• http://www.fcc.gov/ogc/documents/opinions/2000/99-1183.doc http://www.fcc.gov/ogc/documents/opinions/2000/99-1183.html
  • directly or indirectly, owning, operating or \par controlling, or having a cognizable interest in, either: \par \par }\pard \ql \li1440\ri0\widctlpar\faauto\adjustright\rin0\lin1440\itap0 {\fs24\insrsid3628136 (i) more than fourteen (14) stations in the same ser\_ \par vice, or \par \par (ii) more than twelve (12) stations in the same service \par which are not minority\_controlled. \par \par }\pard \ql \li0\ri0\widctlpar\faauto\adjustright\rin0\lin0\itap0 {\fs24\insrsid3628136 47 C.F.R. \'a7 73.3555(d)(1) (1990). In other words, section 73.3555 es sentially limited broadcasters to having interests in twelve licenses, except that they could have interests in two additional licenses for "minority\_controlled" stations. In language central to this case, section 73.3555 continued: " '[M]inority\_ controlled' means more than 50 percent owned by one or more members of a minority group." }{\i\fs24\insrsid3628136 Id}{\fs24\insrsid3628136 . \'a7
• http://www.fcc.gov/ogc/documents/opinions/2002/00-1222.doc http://www.fcc.gov/ogc/documents/opinions/2002/00-1222.html http://www.fcc.gov/ogc/documents/opinions/2002/00-1222.pdf
  • C. Remedy 27 IV. The CBCO Rule 30 A. Section 202(h) and the APA 31 1. Competition 31 2. Diversity 33 B. Remedy 35 V. Conclusion 37 Ginsburg, Chief Judge: Before the court are five consolidated petitions to review the Federal Communications Commission's 1998 decision not to repeal or to modify the national television station ownership rule, 47 C.F.R. � 73.3555(e), and the cable/broadcast cross-ownership rule, 47 C.F.R. � 76.501(a). Petitioners challenge the decision as a violation of both the Administrative Procedure Act (APA), 5 U.S.C. � 551 et seq., and � 202(h) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56. They also contend that both rules violate the First Amendment to the Constitu-tion of the
• http://www.fcc.gov/ogc/documents/opinions/2002/01-1374.pdf
  • Inc. and Fox Television Stations, Inc., Memorandum Opinion and Order, 16 F.C.C.R. 14,975 (2001) ("Order"), which (1) approved an application submitted by Fox Television Stations, Inc. to acquire the licenses and assets of ten television stations owned by Chris-Craft Industries, Inc. and its subsidiaries, and (2) granted Fox a two- year waiver of the Newspaper/Broadcast Cross-Ownership Rule, 47 C.F.R. � 73.3555(d). Appellants' claims find no merit in the record before the court. Accordingly, the Order of the FCC is hereby affirmed. The appellants have presented no viable claim for an evidentiary hearing. The court's scope of review for contentions that the FCC acted unlawfully in failing to designate an application for an evidentiary hearing is quite narrow, as "Congress intended to
• http://www.fcc.gov/ogc/documents/opinions/2003/02-1093a.pdf
  • not defined, nor is it used, in the 1997 Act outside the provision adding � 309(l ) to the Communications Act. The Commission points out that the phrase ``commercial radio'' had been used, however, in both the Communications Act and the regulations promulgated thereunder, to mean only broadcast radio. See, e.g., 47 8 U.S.C. � 158(g), 47 C.F.R. �� 73.3526(e)(14), 73.3555(c)(2). The Commission then makes the point that the conjunction of ``television stations,'' which are unquestionably engaged in broadcasting, with ``commercial radio'' in the same phrase suggests the Congress meant to cover only broadcast media, and thereby casts serious doubt upon the interpretation ad- vanced by Ranger. Furthermore, the heading of � 309(l ) strongly favors the Commission's view that it
• http://www.fcc.gov/ogc/documents/opinions/2004/00-1310-051104.pdf
  • maintained. Id. � 73.7003(b)(2). The FCC stated that it adopted this criterion to foster broadcast diversity by allow- ing the local public to be served by different NCE licensees. E.g., Order � 29. An applicant has attributable interests in the licenses it owns and the licenses its owners own. ``Ownership interests'' are defined in the notes to 47 C.F.R. � 73.3555, the commer- cial ownership attribution rules. 47 C.F.R. �� 73.3555(f), 73.7000. For example, a licensee gets no points for diversity if its broadcasting range (appropriately defined) overlaps with another licensee who is owned by the same person or corpo- ration. Also attributable to the applicant is an interest of an entity that both provides a third of the applicant's equity
• http://www.fcc.gov/ogc/documents/opinions/2004/03-3388-062404.pdf
  • the public interest in diversified mass communications." NCCB, 436 U.S. at 802. B. Deregulation Initiatives The 1980s saw a deregulatory trend for media ownership. The Commission raised its national ownership limits to permit common ownership of 12 stations in each broadcast service (though still prohibiting station combinations that would reach more than 25% of the national audience). Amendment of Section 73.3555 (formerly 73.35, 73.240, and 73.636) of the Commission's Rules Relating to Multiple Ownership of AM, FM, and Television Broadcast Stations, 100 F.C.C.2d 74 �� 38, 39 (1985). The Commission also determined that UHF television stations should not be deemed to have the same audience reach as VHF stations,4 due to "the inherent physical limitations of [the UHF] medium," and therefore
• http://www.fcc.gov/ogc/documents/opinions/2005/03-1439-061405.pdf
  • station." Id. � 73.5008(b). There is no dispute that MCBI's existing FM stations fall within that definition. Determining the meaning of "attributable interest," however, requires another detour. Section 73.5008 does not itself define the term, but instead provides that an "attributable interest in a winning bidder or in a medium of mass communications shall be determined in accordance with � 73.3555 and Note 2." Id. � 73.5008(c) (emphasis omitted). The text of the referenced section, � 73.3555, sets forth the Commission's "multiple ownership" rules, which, for example, limit the number of radio and/or TV stations a party may own in 6 4Under � 73.5007(a), MCBI would be ineligible for the 35% credit because it would not be an applicant with "no
• http://www.fcc.gov/omd/privacyact/documents/records/FCC_MB-1.pdf
  • reported on the Form 323 (as described below) who must either file FCC Form 323 or have their interests reported on Form 323 under 47 CFR 73.3615, 73.6026, and 74.797; (2) Contact individuals, e.g., representatives, relating to commercial AM, FM, and TV broadcast stations, and/or newspapers that are subject to the Commission's media ownership rules, as required under 47 CFR 73.3555, etc.; (3) Individuals with ownership or attributable interests in media companies subject to the Commission's ownership rules or otherwise required to be reported on FCC Form 323; (4) Individuals who are married to or otherwise related, i.e., parent-child or siblings, etc., to other individuals who have attributable, reportable, and/or ownership interests and who must either file FCC Form 323 or
• http://www.fcc.gov/ownership/materials/already-released/review090001.pdf
  • Section 202 of the 1996 Act eliminated limits the FCC had previously placed on the number of radio stations a single entity could own nationally. It also significantly relaxed limits the FCC had placed on ownership of radio stations in a local market. On March 7, 1996, the FCC implemented these provisions of the 1996 Telecom Act by revising Section 73.3555 of our Rules (47 C.F.R. �73.3555) to eliminate the national multiple radio ownership rule and relax the local ownership rule. In March 1998 and January 2001, the Mass Media Bureau Policy and Rules Division released the previous Reviews of the Radio Industry examining changes in various aspects of the commercial broadcast radio industry as a result of the implementation of
• http://www.fcc.gov/ownership/materials/already-released/scarcity030005.pdf
  • broadcaster's head. Though it seldom fell, it was never removed.32 FCC regulations required traditional broadcasters to broadcast content against their will33 and forbade them to broadcast the content they wanted.34 It is highly likely that any such regulations, if imposed on newspapers,35 other print media, or cable television,36 would be found to violate the First Amendment. 30 47 C.F.R. � 73.3555. 31 Amendment of Sections 73.34, 73.240, & 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, & Television Broadcast Stations, 50 F.C.C.2d 1046 (1975). 32 Glen O. Robinson, The FCC & the First Amendment: Observations on 40 Years of Radio & Television Regulation, 52 MINN. L. REV. 67, 119 (1967). 33 See, e.g., Children's Television Report &
• http://www.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
  • Under the 1996 Telecommunications Act Market Size (Number of Stations) Maximum Number of Stations That Can be Owned by a Single Entity Maximum Number in a Single Service (AM or FM) 45 or more 8 5 30-44 7 4 15-29 6 4 14 or Fewer Min(5, N/2) where N is total stations in the market 3 Source: 47 C.F.R. � 73.3555H(a)(1)(i)-(iv) (1998). Note: The Telecommunications Act abolished national caps, which had previously been set at a maximum of 20 stations in each service. Local limits had been set at 4 stations in a single market. 42 Table 8: Station Ownership by Format and Race/Hispanic Status, 1997 Format White Black Hispanic AC 418 0 0 AC/AOR 4 0 0 AC/CHR 128 0
• http://www.fcc.gov/ownership/workshop-110409/mahoney.pdf
  • restrictions would be subject to heightened judicial scrutiny for the simple reason that they are content-based. The whole point of such restrictions, 84 Turner I, 512 U.S. at 640-41 (quoting Arkansas Writers' Project, 481 U.S. at 228). See also Grosjean v. American Press Co., 297 U.S. 233, 250 (1936). 85 Minneapolis Star, 460 U.S. at 585. 86 Amendment of Section 73.3555, Report and Order, 100 FCC 2d 17, 25 (1984). See also Review of the Commission's Regulations Governing Television Broadcasting, Report and Order, 14 FCC Rcd 12903, 12953 (1999) (concluding that cable systems, broadcast stations, and newspapers are all "important source[s] of news and information on issues of local concern" and compete with each other as news and advertising outlets). -
• http://www.fcc.gov/transaction/att-comcast/comcast_appli022802.pdf
  • City that are already accounted for in the 18.48 million AT&T Broadband subscriber total) = 38.63 million subscribers; and (2) 38.63 million subscribers 91.33 million total MVPD subscribers = 42.30%. 96 See Fox Television Stations, Inc. v. FCC, Case No. 00-1222 (D.C. Cir. Feb. 19, 2002), available at: (vacating the Commission's cable/broadcast cross-ownership rule). 97 See 47 C.F.R. � 73.3555 (broadcast multiple ownership limits); id. � 76.501(a) (cable/broadcast cross-ownership limit); id. � 21.912(a) (cable/MMDS cross-ownership limit); id. � 76.501(d) (cable/SMATV cross-ownership limit). AT&T Broadband owns 6 SMATV systems (see list attached as Appendix 10), but none of these owned entities will create a cross-ownership issue for the merged entity. Appendix 11 sets forth a list of Comcast SMATV systems. Comcast
• http://www.fcc.gov/transaction/nbc-telemundo.html
  • Station Applications (for other exhibits, click on the applicable link above) [122]Exhibit 1 - Associated Broadcast Applications [123]Exhibit 5 - Change in Interests [124]Exhibit 6 - Agreement and Plan of Merger [125]Exhibit 7 - Other Media Interests [126]Exhibit 8 - Applications Dismissed or Denied/Pending Issues [127]Exhibit 17 - Compliance with Television Ownership Rules and Requests for Temporary Waiver of Section 73.3555(b) of the Commission's Rules Class A Television Applications K125CU, Salinas, CA, File No. BTCTT-20011101ABL KSBS-LP, Denver, CO, File No. BTCTT-20011101ACF Television Translator and Low Power Television Stations KEJT-LP, Salt Lake City, UT, File No. BTCTT-20011101ABM K47KQ, Sacramento, CA, File No. BTCTT-20011101ABN K52CK, Stockton, CA, File No. BTCTT-20011101ABO W32AY, Boston, MA, File No. BTCTT-20011101ABP K61FI, Modesto, CA, File No. BTCTT-20011101ABQ K27EI,
• http://www.fcc.gov/transaction/nbc-telemundo/exhibit8.pdf
  • May 9, 2000, William W. Hartley filed an Informal Objection to an application for relocation of the transmitter for WWSI (then WPHA). See FCC File No. BMPCT- 1 Because Marr had a single majority shareholder and Mr. Villanueva was not an officer or director of Marr, his interest was not attributable under the FCC's multiple ownership rules. See 47. C.F.R.� 73.3555, Note 2(b). FCC Form 315 Telemundo Communications Group, Inc. Exhibit 8 - Page 4 19990921AAM. In that Informal Objection, Mr. Hartley raised a question as to whether statements Mr. Hillard had made to the Commission concerning zoning requirements for the new tower site constituted a misrepresentation. On May 19, 2000, the Television Branch dismissed Mr. Hartley's Informal Objection concluding the
• http://www.fcc.gov/transaction/univision/ricon091106b.pdf
  • to comply with the ownership rules altogether or for time to "address" being over the limit after the transfer is consummated. However, the Commission should not abide by either request because Univision has continuously disregarded its obligation as a licensee by (1) failing to abide by the Commission's multiple ownership rules, particularly its local radio station ownership rule, 47 CFR 73.3555(a), in the Albuquerque, New Mexico market; (2) repeatedly relying on foreign programming and syndicated content and providing little if no programming that meet the needs of the local community of license; (3) providing programming that offends Congress' prohibition on color discrimination in American broadcasting (see 47 U.S.C. �151 (1996)), and (4) 9 categorically failing to meet a higher standard befitting