PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: June 26, 1996 REQUEST FOR COMMENTS ON PROPOSED DERESERVATION On June 24, 1996, the Commission received a "Petition to Delete Noncommercial Reservation" filed by WQED Pittsburgh, licensee of noncommercial educational television Stations WQED-TV, Channel *13 and WQEX-TV, Channel *16, Pittsburgh, Pennsylvania. WQED Pittsburgh requests that its Channel *16 allotment be dereserved in order to permit commercial broadcasting on Channel 16 in Pittsburgh, and that it be permitted to assign WQEX- TV to a commercial licensee and use the net proceeds to further WQED-TV's noncommercial broadcast operations. Section 73.606(b) of the Commission's rules sets forth the Television Table of Allotments in which specific channels are allotted to specific communities. Channels designated with an asterisk are reserved for noncommercial educational use and are only assigned for use by noncommercial educational entities. On April 26, 1996, President Clinton signed into law the Department of Justice and Related Agencies Appropriations Act 1996, Pub. L. No. 104-134, 110 Stat. 1321 (1996). The legislation contained language directed to the Commission regarding Station WQEX-TV. Specifically, the statute provided that: [T]he Federal Communications Commission shall, not later than 30 days after receipt of a petition by WQED, Pittsburgh, determine, without conducting a rulemaking or other proceeding, whether to amend Section 73.606 of Title 47, Code of Federal Regulations, by deleting the asterisk for [Channel 16] in Pittsburgh, Pennsylvania, based on the public interest, the existing common ownership of two non-commercial broadcasting stations in Pittsburgh, the financial distress of the licensee, and the threat to the public of losing or impairing local public broadcasting service in the area: Provided further, That the Federal Communications Commission may solicit such comments as it deems necessary in making this determination: Provided further, That as part of the determination, the Federal Communications Commission shall not be required, notwithstanding any other provision of law, to open the channel to general application, and may determine that the license therefore may be assigned by the licensee, subject to prompt approval of the proposed assignee by the Federal Communications Commission, and that the proceeds of the initial assignment of the license for such channel, or any portion thereof, shall be used solely in furtherance of noncommercial broadcast operations, or for such other purpose as the Federal Communications Commission may determine appropriate. (over) - 2 - We believe that interested persons should be afforded an opportunity to comment on the public interest considerations, as outlined by the statutory guidelines under which we must make our determination, as well as the factual representations contained in the Petition to Delete Noncommercial Reservation. We are aware that the Alliance for Progressive Action and the QED Accountability Project (collectively "the Alliance"), anticipating our decision to seek comments on WQED Pittsburgh's request, has requested 25 days in which to file its views. In view of the 30-day statutory deadline for Commission action on this matter, however, we cannot allow the length of time for comments proposed by the Alliance. Accordingly, interested persons may file comments no later than Friday, July 5, 1996. Responsive comments may be filed no later than Tuesday, July 9, 1996. No further submissions are contemplated. All submissions by commenters or persons acting on behalf of such commenters must be made in writing. Comments shall be served by hand or facsimile upon the law firm of Leventhal, Senter & Lerman, counsel for WQED Pittsburgh, by the person filing comments, and shall be accompanied by a certificate of service. An original and two copies of all comments should be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. All filings in connection with WQED Pittsburgh's Petition to Delete Noncommercial Reservation will be available for examination by interested persons during regular business hours in the Commission's Public Reference Room at its headquarters, 1919 M Street, N.W., Washington, D.C. The Commission will consider this matter as non-restricted for purposes of the Commission's ex parte rules. See 47 C.F.R.  1.1206. Mass Media contact: Joyce L. Bernstein (202) 418-1600 News Media contact: Maureen Peratino (202) 418-0500 -FCC-