NEWSReport No. MM 96-23 MASS MEDIA ACTION June 24, 1996 FCC DENIES RECONSIDERATION OF DECISION THAT FOX TELEVISION DID NOT MISLEAD COMMISSION The Federal Communications Commission has denied the request of the Metropolitan Council of NAACP Branches to reconsider its May 4, 1995, decision to renew Fox Television Stations, Inc.'s ("FTS") license to operate station WNYW-TV, New York City. In that Order, the Commission found that a foreign company owned 99 percent of FTS's parent company, far in excess of the 25 percent statutory benchmark for alien ownership interests. The Commission nevertheless determined, on the basis of an extensive staff investigation, that although FTS had not informed the FCC about the extent of its alien ownership, it had not intentionally misled the FCC about that information. That conclusion was based in part on the finding that FTS would not necessarily have known from prior FCC cases that its particular type of foreign ownership interest would be counted in calculating compliance with the statutory benchmark. Metro NAACP asked the Commission to reconsider that finding. It argued that the staff's investigation into FTS's candor was flawed, and that the Commission had not properly interpreted its own prior decisions regarding foreign ownership. The Commission rejected those contentions. The staff investigation was proper, the Commission determined, because the staff developed a thorough record through extensive discovery of FTS witnesses and documents. The material developed adequately enabled the Commission to resolve the case, and contrary to Metro NAACP's arguments, no additional discovery was required. The Commission held as well that its interpretations of FCC precedent in the May 4 decision were proper. Thus, the finding, based in part on those interpretations, that FTS did not intentionally lack candor toward to the Commission regarding its foreign ownership was also sound. Action by the Commission May 13, 1996, by Third Memorandum Opinion and Order (FCC 96-217). Chairman Hundt and Commissioners Quello, Ness and Chong. - FCC - News Media contact: David Fiske at (202) 418-0500 Office of General Counsel contact: Joel Marcus at (202) 418-1740.