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 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 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 Newspapers Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets Definition of Radio Markets Ways to Further Section 257 Mandate and To Build on Earlier Studies Public Interest Obligations of TV Broadcast Licensees ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 06-121 MB Docket No. 02-277 MM Docket No. 01-235 MM Docket No. 01-317 MM Docket No. 00-244 MB Docket No. 04-228 MM Docket No. 99-360 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 2 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. Federal Communications Commission DA 12-1504 3 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