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Extension of Time For Amendments To Pending NBCO Waiver Requests

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Released: September 17, 2012

Federal Communications Commission

DA 12-1504

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

2006 Quadrennial Regulatory Review – Review of
)
MB Docket No. 06-121
the Commission’s Broadcast Ownership Rules and
)
Other Rules Adopted Pursuant to Section 202 of
)
the Telecommunications Act of 1996
)
)

2002 Biennial Regulatory Review – Review of the
)
MB Docket No. 02-277
Commission’s Broadcast Ownership Rules and
)
Other Rules Adopted Pursuant to Section 202 of
)
the Telecommunications Act of 1996
)
)

Cross-Ownership of Broadcast Stations and
)
MM Docket No. 01-235
Newspapers
)
)

Rules and Policies Concerning Multiple Ownership )
MM Docket No. 01-317
of Radio Broadcast Stations in Local Markets
)
)

Definition of Radio Markets
)
MM Docket No. 00-244
)
Ways to Further Section 257 Mandate and To Build )
MB Docket No. 04-228
on Earlier Studies
)
)

Public Interest Obligations of TV Broadcast
)
MM Docket No. 99-360
Licensees
)

ORDER

Adopted: September 17, 2012

Released: September 17, 2012

By the Chief, Media Bureau:
1. On September 10, 2012, pursuant to Section 1.46 of the Commission’s rules,1 Cox
Enterprises, Inc.; Calvary, Inc.; Bonneville International Corporation; The Scranton Times, L.P.; and
Morris Communications Company, LLC (the “Media Parties”), sought an extension of the September 27,
2012, deadline for submitting supplements to their pending requests for waiver or existing waivers of the
newspaper/broadcast cross-ownership rule,2 until no later than 60 days after the release of a report and
order concluding the ongoing media ownership quadrennial review.3
2. On August 21, 2012, the Media Bureau confirmed the filing deadline of September 27, 2012,
for the Media Parties to file amendments to pending waiver requests or renewal applications or to file


1 47 C.F.R. § 1.46.
2 47 C.F.R. § 73.3555(d).
3 See Motion for Extension of Time (Sept. 10, 2012) filed in MB Docket No. 06-121, at 3 (“Motion for Extension of
Time”).

Federal Communications Commission

DA 12-1504

requests for permanent waivers of the newspaper/broadcast cross-ownership rule.4 In the Motion for
Extension of Time, Media Parties argue that the extension requested is warranted because the
Commission is considering revisions to the newspaper/broadcast cross-ownership rule that, if adopted,
would change the applicable standards for evaluation of the requests for waiver of the rule.5 As a result,
Media Parties assert that requiring them to file before the revised newspaper/broadcast cross-ownership
rule is adopted would be a “substantial waste of both private and administrative resources.”6 For the
reasons discussed below, we grant Media Parties’ request.
3. The Commission’s policy, as set forth in Section 1.46(a) of the Commission’s Rules,7 is that
extensions of time shall not be routinely granted. Given the importance of the issues and the pendency of
the media ownership quadrennial review, however, we believe that it is appropriate to grant Media
Parties’ request. Granting this extension of time will ensure that Media Parties’ supplemental filings can
address the issues relevant to the newspaper/broadcast cross-ownership rule that is adopted in that
pending proceeding.8 As a result, the Commission will have a more robust and comprehensive record
upon which to evaluate Media Parties’ waiver showings.9 Accordingly, we will grant Media Parties’
request and extend the filing deadline until 60 days after the release of an order in the ongoing media
ownership quadrennial review that adopts a final newspaper/broadcast cross-ownership rule.10 In doing
so, we note that the Media Parties have represented that they will make the supplemental filings by this
time “notwithstanding the pendency of any administrative or judicial challenges to the Commission’s
Report and Order and regardless of whether the NBCO Rule adopted by the Commission is effective or
its effectiveness has been stayed.”11

4. Accordingly, IT IS ORDERED, that pursuant to authority under Sections 4(i) and 303(r) of
the Communications Act of 1934, as amended, 47 U.S.C. §§ 154 and 303(r), and Section 1.46 of the
Commission’s rules, 47 C.F.R. § 1.46, and pursuant to authority delegated to the Media Bureau pursuant
to Sections 0.204 and 0.283 of the Commission’s rules, 47 C.F.R. §§ 0.204, 0.283, Media Parties’ Motion
for Extension of Time IS GRANTED as discussed above.


4 Order, MB Docket No. 06-121, DA 12-1364 (MB, rel. Aug. 21, 2012). The filing deadline was originally adopted
in the 2006 Biennial Review Order and was extended by the Media Bureau, on its own motion. See, e.g., Order, MB
Docket No. 06-121, DA 12-40 (MB, rel. Jan. 12, 2012) (“January 12 Order”) (providing a detailed account of the
underlying filing requirement and again extending the filing deadline); see also 2006 Quadrennial Regulatory
Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section
202 of the Telecommunications Act of 1996,
Report and Order and Order on Reconsideration, MB Docket No. 06-
121, 23 FCC Rcd 2010, 2056-57, ¶ 78 (2008) (“2006 Biennial Review Order”).
5 Motion for Extension of Time at 2.
6 Id. at 2-3.
7 47 C.F.R. § 1.46.
8 Media Parties’ waiver showings should address factors relevant to the rule adopted in the quadrennial review
proceeding. We note, however, that we do not prejudge the outcome of that proceeding with respect to the
newspaper/broadcast cross-ownership rule that will ultimately be adopted. Our decision today simply ensures that
Media Parties will have an opportunity to address the factors relevant to the rule adopted in the quadrennial review
proceeding, whatever that final rule may be.
9 In addition, we find that granting this extension is consistent with the purpose of the original filing deadline
adopted in the 2006 Biennial Review Order, which was to permit those licensees with a pending waiver request or a
temporary waiver an opportunity to supplement the record with factors relevant to the newspaper/broadcast cross-
ownership rule adopted in that proceeding. 23 FCC Rcd at 2056, ¶ 78.
10 To clarify, this 60-day period will begin on the release date of the order in the ongoing media ownership
quadrennial review that adopts a final newspaper/broadcast cross-ownership rule, not the date that item is published
in the Federal Register.
11 Motion for Extension of Time at 4.
2

Federal Communications Commission

DA 12-1504

5. For additional information, please contact Hillary DeNigro, Industry Analysis Division,
Media Bureau, at (202) 418-2330.
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
3

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