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Mundofox Petition For Waiver Of Network Representation Rule

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Released: February 6, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-153

Released: February 6, 2012

MEDIA BUREAU ACTION

COMMENT DATES ESTABLISHED FOR FOX PETITION FOR EXPEDITED WAIVER

OF 47 C.F.R. § 73.658(i), THE NETWORK REPRESENTATION RULE

MB Docket No. 12-31

Comment Date: March 7, 2012

Reply Comment Date: March 22, 2012

Fox Networks Group, Inc. (“Fox”), which intends to operate a Spanish-language broadcast
television network and video programming service (MundoFox Broadcasting LLC, or “MundoFox”), has
filed a petition on behalf of MundoFox’s “expected affiliate station partners” seeking a permanent waiver
of Section 73.658(i) of the Commission’s rules (47 C.F.R. §73.658(i)). This “network representation
rule” prohibits broadcast stations from being represented by their affiliated networks in the spot sales
television advertising market.1 Fox argues that this waiver is necessary to ensure a level playing field in
the U.S. Spanish-language broadcast television market because the Commission previously granted
permanent waivers of this rule to the operators of several competing Spanish-language networks.2 It also
argues that waiver of the rule is necessary for the same reasons that those earlier waivers were granted,
including the likelihood that the growth of this new foreign language network will be hampered if the
waiver is not granted. Fox also argues that consideration of this waiver should be expedited, because
such waivers have been granted to similarly situated parties, there would be no harm to the public interest,
and a delay in grant of this waiver would limit the ability of MundoFox to compete with incumbent
Spanish-language broadcasters. We seek comment on this proposed waiver and request for expedited
action.


1 Fox Networks Group, Inc. Petition for Waiver of the Network Representation Rule and Request for Expedited
Action at 1 (filed January 23, 2012).
2 Amendment of § 73.658(i) of the Commission’s Rules, BC Docket No. 78-309, Report and Order, 5 FCC Rcd 7280
(1990) (granting permanent waivers of the rule to affiliates of Univision Communications, Inc. and Telemundo
Group, Inc.); Azteca International Corporation Petition for Waiver of Section 73.658(i) of the Commission’s Rules,
Broadcast Special Relief Petition BSR-001, Order, 18 FCC Rcd. 10662 (MB 2003) (granting a permanent waiver of
the rule to affiliates of Azteca America); Liberman Television LLC Petition for Waiver of Section 73.658(i) of the
Commission’s Rules
, MB Docket No. 09-192, Order, 25 FCC Rcd. 4725 (MB 2010) (granting a permanent waiver
of the rule to affiliates of Estrella); Spanish Broadcasting System, Inc. Petition for Waiver of Section 73.658(i) of the
Commission’s Rules
, MB Docket No. 10-89, Order, DA 11-2041 (MB rel. Dec. 20, 2011) (granting a permanent
waiver of the rule to affiliates of MegaTV); Mambo, LLC Petition for Waiver of Section 73.658(i) of the
Commission’s Rules
, MB Docket No. 10-161, Order, DA 11-2039 (MB rel. Dec. 20, 2011) (granting a permanent
waiver of the rule to affiliates of GenTV).

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 at the top 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/.
§
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
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.
§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 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).
One copy of each filing must be sent to Lyle Elder, Media Bureau, Room 4-A729, 445 12th Street,
S.W., Washington, D.C. 20554 or lyle.elder@fcc.gov.
Filings are also available for public inspection and copying during regular business hours at the
FCC Reference Information Center, Portals II, 445 12th St., S.W., Room CY-A257, Washington, DC
20554, telephone (202) 418-0270. They may also be purchased from the Commission’s duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th St., S.W., Room CY-B402, Washington, DC,
20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via email at fcc@bcpiweb.com.
Alternate formats of this Public Notice (computer diskette, large print, audio recording, or
Braille) are available to persons with disabilities by contacting the Consumer and Governmental Affairs
Bureau at (202) 418-0530 or (202) 418-0432 (TTY).
For further information, contact Lyle Elder, (202) 418-2120 or Lyle.Elder@fcc.gov. Press
inquiries should be directed to Janice Wise, (202) 418-8165 or Janice.Wise@fcc.gov.
2

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