NEWSReport No.  MM 95-45                 MASS MEDIA ACTION     June 6, 1995

         METRO COUNCIL DENIED ACCESS TO INTERNAL FCC DOCUMENTS 
                               IN FOX CASE
                                    
     The Commission has denied the FOIA request of the Metropolitan Conference of
NAACP Branches, et al. (Metro Council), for release of internal agency records circulated to
the Commission concerning the application by Fox Television Stations, Inc., to renew its
license for WNYW-TV, New York, NY.  The Commission also denied the Metro Council's
request for extensions of time to file a petition for reconsideration and comments on Fox's
request for waiver Section 310(b) for restrictions on foreign ownership.

     In denying the Metro Council's request, the Commission noted that none of the
documents sought contained evidence not in the public record and no documents exist which
contain extra record evidence.  However, the Commission noted, to the extent that the Metro
Council's FOIA request also sought access to any recommendations circulated to the
Commission regarding the disposition of the Fox renewal application, one documents exists
that is within the scope of the request.  That document, an 83 page draft decision,
accompanied by a 13 page cover memorandum describing the staff's recommended decision,
is exempt from mandatory disclosure under FOIA Exemption 5 which exempts intra-agency
memoranda, draft decisions and workpapers to protect the integrity of the deliberative
process. 

     The Commission found no public interest basis to disclose the staff's recommendation
as a matter of its own discretion, as urged by the Metro Council.  It said central to the
purposes of the deliberative process privilege incorporated in Exemption 5 are protection of
the Commission deliberations to preserve openness in discussions between subordinates and
superiors, and protection against public confusion that might result from disclosure of
reasons and rationales that were not in fact grounds for the agency's action. 

     In denying the Metro Council's request for extensions of time pending grant of the
FOIA request, the Commission noted that the since all relevant information had already been
made publicly available, the Metro Council had not been denied access to any evidence and
no impediment existed to its full and fair participation.

     Action by the Commission June 5, 1995, by Memorandum Opinion and Order (FCC
95-216).  Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong.

                                  - FCC -
     News Media contact: Karen Watson at (202) 418-0500.
     Office of General Counsel contact: Larry Schecker at (202) 418-1717.