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Comment Sought on Request Concerning Foreign Investment in Broadcast

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Released: February 26, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

Washington, D.C. 20554


DA 13-281

Released: February 26, 2013

MEDIA BUREAU ANNOUNCES FILING OF REQUEST FOR CLARIFICATION OF

THE COMMISSION’S POLICIES AND PROCEDURES UNDER 47 U.S.C. § 310(b)(4)

BY THE COALITION FOR BROADCAST INVESTMENT

MB Docket No. 13-50

Comment Date: April 15, 2013
Reply Comment Date: April 30, 2013

On August 31, 2012, the Coalition for Broadcast Investment (“CBI”) submitted a letter (the “Letter”)1
asking the Commission to clarify its policies and procedures under Section 310(b)(4) of the
Communications Act, 47 U.S.C. § 310(b)(4), which restricts foreign ownership and voting interests in
entities that control Commission licensees. Specifically, CBI asks the Commission to clarify that it will
conduct a substantive, facts and circumstances evaluation of proposals for foreign investment in excess of
25 percent in the parent company of a broadcast licensee, consistent with and in furtherance of its
authority under 47 U.S.C. § 310(b)(4). A copy of the Letter is attached to this Public Notice.
We invite public comment on the Letter from interested parties. Comments will be due on April 15, 2013
and Replies will be due on April 30, 2013.
We believe that making this proceeding permit-but-disclose for ex parte purposes will assure the staff’s
ability to discuss and obtain information needed to resolve the issues presented expeditiously, and that
adoption of modified ex parte procedures is appropriate. Accordingly, by this Public Notice, and
pursuant to Section 1.1200(a) of the Commission’s rules,2 we announce that the ex parte procedures
applicable to permit-but-disclose proceedings will govern our consideration of the instant proceeding.3


1 Letter from Mace Rosenstein and Gerard J. Waldron, Counsel for CBI, to Marlene H. Dortch, Secretary, Federal
Communications Commission (Aug. 31, 2012). CBI states that it is a group comprised of national broadcast
networks, radio and television station licensees, and community and consumer organizations. See id at 1. A list of
CBI’s members is attached to the Letter.
2 47 C.F.R. § 1.1200(a).
3 See 47 C.F.R. § 1.1206.

Permit-but-disclose ex parte procedures permit interested parties to make ex parte presentations to the
Commissioners and Commission employees and require that these presentations be disclosed in the
record of the relevant proceeding. Persons making a written ex parte presentation to the Commissioners
or Commission employees must file the written presentation with the Commission’s Secretary no later
than two business day after the presentation.4 Persons making oral ex parte presentations must file a
summary of the presentation no later than the next business day after the presentation.5 All ex parte
filings must be clearly labeled as such and must reference MB Docket No. 13-50.

GENERAL INFORMATION

The Letter and all further filings will be available in the Commissions Electronic Comment Filing System
(“ECFS”) under Docket 13-50. As of this date, all pleadings, comments and other filings are to be made
in ECFS in Docket 13-50. Persons and entities that file comments become parties to the proceeding.
They may participate fully in the proceeding, including seeking access to any confidential and/or highly
confidential information that may be filed under a protective order.
All filings concerning matters referenced in this Public Notice should refer to MB Docket No. 13-50.
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419, interested
parties may file comments and reply comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
§
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.
§
Electronic filers shall submit an electronic version of their filing to Jake Riehm, Industry Analysis
Division, Media Bureau at Jake.Riehm@fcc.gov. Identify the submission with the Docket
Number in the subject line.
§
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.


4 47 C.F.R. § 1.1206(b)(1).
5 47 C.F.R. § 1.1206(b)(2).
2

§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
§
Paper filers shall file serve one copy of their filing on Jake Riehm, Attorney Advisor,
Federal Communications, Media Bureau, Industry Analysis Division, 445 12th St. SW,
Room 2-C130, Washington, D.C. 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities (braille,
large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
§

SUPPLEMENTARY INFORMATION

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance
with the Commission’s ex parte rules.6 Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation within two business days after
the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which the ex parte presentation was made,
and (2) summarize all data presented and arguments made during the presentation. If the presentation
consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s
written comments, memoranda or other filings in the proceeding, the presenter may provide citations to
such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant
page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them
in the memorandum. Documents shown or given to Commission staff during ex parte meetings are
deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In
proceedings governed by rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in
this proceeding should familiarize themselves with the Commission’s ex parte rules.
For further information, contact Jake Riehm at (202) 418-2166. For Press inquiries, contact Janice Wise
at (202) 418-8165.
By: Chief, Media Bureau


6 47 C.F.R. §§ 1.1200 et seq.
3

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