NEWSReport No. DC-2650 ACTION IN DOCKET CASESeptember 13, 1994 REQUEST BY FOUR JACKS BROADCASTING FOR DEPOSITION IN BALTIMORE TV PROCEEDING DENIED (MM DOCKET 93-94) The Commission has denied a petition by Four Jacks Broadcasting, Inc., to depose an FCC attorney concerning his activities while employed at the law firm that represents Scripps Howard Broadcasting Company in this proceeding. The proceeding involves the mutually exclusive applications of Scripps Howard for renewal of the license of WMAR-TV, Baltimore, MD, and the application of Four Jacks for a new station on the same facilities. Four Jacks claimed that the FCC attorney has direct personal knowledge of facts that are critical to the resolution of post-hearing character issues against Scripps Howard. The Commission found that the rules permit the deposition of FCC personnel only to the extent that a party seeks to depose them concerning matters related to their employment at the FCC. The Commission clarified that, even with the requests to depose FCC personnel that are clearly within the intended scope of the rules, it would not entertain such a request in the absence of an affirmative finding of relevance by the ALJ. Since the ALJ in this case has ruled that there is no need to take the deposition of this or any other attorney employed at the law firm representing Scripps Howard, the Commission denied Four Jacks' petition. Action by the Commission September 8, 1994, by Memorandum Opinion and Order (FCC 94-231). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Rosemary Kimball at (202) 418-0500.