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Request for Declaratory Ruling By News Corp

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Released: September 11, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


TTY: 1-888-835-5322

Washington, D.C. 20554

DA 12-1475

Released: September 11, 2012





MB Docket No. 12-257

On August 9, 2012, News Corporation, (“News Corp.”) parent company of Fox Television Stations, Inc.
(“Fox”), licensee of multiple digital broadcast television stations, filed a Request for Declaratory Ruling
with the Commission seeking a finding that it would be in the public interest for all of News Corp.’s
public shareholders to participate in a single, one-time only vote regarding an amendment to News
Corp.’s Restated Certificate of Incorporation that it states would facilitate the proposed separation of the
company’s non-broadcast interests from the rest of the company. News Corp. states that allowing all of
its public shareholders to participate in the vote would implicate Section 310(b)(4) of the
Communications Act, which restricts foreign ownership and voting interests in Commission licensees. 47
U.S.C. § 310(b)(4).
In light of the unique nature of this request and its public interest implications, we invite public comment
on the petition from interested parties. Comments will be due on October 15, 2012. Oppositions will be
due October 30, 2012, and Replies will be due on November 7, 2012. The shareholder meeting in which
the vote will be taken is scheduled for January 2013.
Furthermore, 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,1 we announce that the ex parte procedures
applicable to permit-but-disclose proceedings will govern our consideration of the instant proceeding.2
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.3 Persons making oral ex parte presentations must file a

1 47 C.F.R. §1.1200(a).
2 See 47 C.F.R. §1.1206.
3 47 C.F.R. §1.1206(b)(1).

summary of the presentation no later than the next business day after the presentation.4 All ex parte
filings must be clearly labeled as such and must reference MB Docket No. 12-257.


The Request for Declaratory Ruling and all further filings will be available in the Commissions Electronic
Comment Filing System (“ECFS”) under Docket 12-257. As of this date, all pleadings, comments and
other filings are to be made in ECFS in Docket 12-257. 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.
To allow the Commission to consider fully all substantive issues in as timely and efficient a manner as
possible, commenters should raise all issues in their initial filings. New issues may not be raised in
responses or replies. A party or interested person seeking to raise a new issue after the pleading cycle has
closed must show good cause why it was not possible for it to have raised the issue previously.
Submissions after the pleading cycle has closed that seek to raise new issues based on new facts or newly
discovered facts should be filed within 15 days after such facts are discovered. Absent such a showing of
good cause, any issues not timely raised may be disregarded by the Commission.
All filings concerning matters referenced in this Public Notice should refer to MB Docket No. 12-257.
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
Electronic filers shall submit an electronic version of their filing to David Roberts, Attorney
Advisor, Video Division, Media Bureau at . 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
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.

4 47 C.F.R. §1.1206(b)(2).

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.
Paper filers shall file serve one copy of their filing on David Roberts, Attorney Advisor,
Federal Communications, Media Bureau, Video Division, 445 12th St. SW, Room 2-
A728, 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 or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).


The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance
with the Commission’s ex parte rules.5 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 David Roberts at (202) 418-1618. For Press inquiries, contact Janice
Wise at (202) 418-8165.
By: Chief, Media Bureau

5 47 C.F.R. §§ 1.1200 et seq.

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