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 Federal  Communications  Commission  DA  02-  3611 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 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 


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 MB  Docket  No.  02-  277 
 MM  Docket  No.  01-  235 
 MM  Docket  No.  01-  317 


 MM  Docket  No.  00-  244 


 ORDER 
 Adopted:  December  30,  2002  Released:  December  31,  2002 
 By  the  Chief,  Media  Bureau: 
 1.  On  September  12,  2002,  the  Commission  adopted  a  Notice  of  Proposed  Rulemaking  (“  Notice”),  1  which  began  this  2002  biennial  review  of  its  broadcast  ownership  rules.  On  November  25, 
 2002,  the  Network  Affiliated  Stations  Alliance  (“  NASA”)  and  the  National  Association  of  Broadcasters  (“  NAB”)  filed  a  Request  for  Collection  of  Data  by  the  FCC  asking  the  Commission  to  request  certain  data 
 from  the  ABC,  CBS,  and  NBC  television  networks  in  the  above-  captioned  proceeding.  2  Specifically,  the  parties  ask  that  the  Commission  request  from  these  networks  information  regarding  the  amount  of 
 network  programming  preempted  or  otherwise  not  cleared  by  affiliates  and  network  owned-  and-  operated  stations  in  the  top  25  markets  in  2001  and  1991.  3  NASA  and  NAB  assert  that  this  information  may  assist 
 them  in  addressing  the  issues  raised  in  the  Notice  regarding  the  national  television  ownership  rule.  4 
 2.  Although  we  expect  and  encourage  the  networks  to  submit  data  on  all  relevant  issues  raised  in  the  Notice,  we  decline  to  compel  production  of  the  specific  data  identified  by  NASA  and  NAB. 


 The  scope  of  the  questions  asked  in  the  Notice  is  broad  enough  to  encompass  the  preemption  information 
 1  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,  17  FCC  Rcd  18503  (2002).  2 
 NASA/  NAB  Request  for  Collection  of  Data  by  FCC  (Nov.  25,  2002  )  (“  NASA/  NAB  Request”).  3 
 Id  at  2.  4 
 Id. 
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 Federal  Communications  Commission  DA  02-  3611 
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 sought.  5 
 3.  Moreover,  even  if  the  Notice  had  not  already  sought  information  regarding  preemption,  we  would  be  concerned  that  grant  of  the  NASA/  NAB  Request  would  unnecessarily  delay  this 


 proceeding.  6  The  Notice  was  released  on  September  23,  2002,  and  specified  a  60-  day  comment  period  and  30-  day  reply  comment  period.  7  The  Commission  delayed  the  beginning  of  the  filing  periods  until 
 release  of  the  Media  Ownership  Working  Group  studies,  8  on  October  1,  2002.  9  The  Bureau  subsequently  extended  the  filing  deadlines  to  give  parties  an  additional  30  days  to  file  their  comments  and  reply 
 comments.  10  Grant  of  the  NASA/  NAB  request  at  this  late  date  likely  would  result  in  an  additional  delay  because  of  the  time  required  for:  (1)  the  Commission  to  formally  request  more  specific  data;  (2)  the 
 networks’  response;  and  (3)  the  public  to  analyze  and  comment  upon  the  response. 
 4.  Accordingly,  because  the  Notice  already  seeks  information  regarding  preemption,  and  in  light  of  concerns  that  we  not  unnecessarily  delay  the  proceeding,  we  conclude  that  the  public  interest 


 would  not  be  served  by  grant  of  NASA’s  and  NAB’s  request.  IT  IS  ORDERED  THAT  the  NASA/  NAB  Request  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 W.  Kenneth  Ferree  Chief,  Media  Bureau 


 5  See  Notice,  17  FCC  Rcd  at  18550-  51,  ¶¶  149-  53. 
 6  Several  parties  have  expressed  similar  concerns  regarding  delay  in  resolving  the  issues  raised  in  the  Notice.  See, 
 e.  g.,  Opposition  of  the  Newspaper  Association  of  America  to  Further  Request  for  Extension  of  Time  (Dec.  16,  2002);  Opposition  of  Media  General,  Inc.  to  Motion  for  Revision  of  Procedural  Dates  (Oct.  21,  2002). 


 7  Notice,  17  FCC  Rcd  at  18555,  ¶  169 
 8  Id. 
 9  FCC  Seeks  Comment  on  Ownership  Studies  Released  by  Media  Ownership  Working  Group  and  Establishes 
 Comment  deadlines  for  2002  Biennial  Regulatory  Review  of  Commission’s  Ownership  Rules,  17  FCC  Rcd  19140  (2002). 


 10  See  2002  Biennial  Regulatory  Review,  DA  02-  2989,  MB  Docket  No.  02-  277  (rel.  Nov.  5,  2002)  ¶  4. 
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