Report No. GN95-2 GENERAL ACTION February 7, 1995 NAACP DENIED REVIEW OF TWO ORDERS IN THE INVESTIGATION OF FOX TELEVISION, INC.; RAINBOW BROADCASTING DENIED PARTICIPATION The Commission has denied the NAACP's application for review that challenged two orders of the Mass Media Bureau regarding procedures to be followed in the investigation of Fox Television, Inc. The Commission also denied Rainbow Broadcasting, Inc.'s request to intervene as a party to the investigation. This proceeding began when a petition to deny was filed in response to Fox's application to renew the license of for Station WNYW-TV, New York, NY. In its application for review, the NAACP sought termination of the investigation and designation of Fox's renewal application for hearing. Rainbow asked to participate in the investigation. Both petitioners challenged subsidiary aspects of the investigation. The Commission stated that its authority to conduct investigations such as this is well-established, and that an investigation will better assist the Commission in determining whether further administrative action is warranted. Thus, the investigation should not be terminated. The Commission stated further that it has not yet made a determination as to whether this proceeding will be designated for hearing. With respect to Rainbow, the Commission stated that Rainbow has failed to show the usefulness of its participation in the investigation. Rainbow did not initiate the issues involved but has merely reiterated the issues raised by the NAACP. Moreover, granting Rainbow's request to participate in this proceeding would delay the investigation, the Commission said. The FCC pointed out that, prior to any Commission decision, Rainbow will have the opportunity to comment informally on the investigation materials. (over) -2- Action by the Commission February 6, 1995, by Memorandum Opinion and Order (FCC 95-40). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Office of General Counsel contact: David S. Senzel at (202) 418-1760.