*Pages 1--2 from  Microsoft Word - 43009*
 DA  04-  3257  Released:  October  14,  2004 
 1800E3-  JLB 


 NBC  Telemundo  Phoenix,  Inc.  c/  o  Margaret  L.  Tobey,  Esq. 
 Morrison  &  Foerster  LLP  2000  Pennsylvania  Avenue,  N.  W. 
 Suite  5500  Washington,  D.  C.  20006-  1888 


 Community  Television  Educators,  Inc.  c/  o  Richard  E.  Wiley,  Esq. 
 Wiley  Rein  &  Fielding  LLP  1776  K  Street,  N.  W. 
 Washington,  D.  C.  20006 
 Re:  MM  Docket  No.  04-  312  RM  No.  11049 


 Dear  Licensees: 
 On  August  6,  2004,  the  Video  Division  adopted  a  Memorandum  Opinion  and  Order  and  Notice  of  Proposed  Rulemaking  in  response  to  a  Joint  Petition  to  Amend  the 
 Table  of  Allotments,  filed  by  NBC  Telemundo  Phoenix,  Inc.  (NBC)  and  Community  Television  Educators,  Inc.  (CTE).  1  By  letter  dated  September  8,  2004,  the  Chief  of  the 
 Video  Division  denied  their  Joint  Motion  to  Change  Ex  Parte  Status  from  “restricted”  to  “permit-  but-  disclose.”  2 


 NBC  and  CTE  filed  a  timely  request  seeking  review  of  the  Division’s  September  8  th  letter  decision.  In  their  request  for  review,  they  raise,  for  the  first  time,  certain  public 
 interest  benefits  which  may  result  from  a  change  of  ex  parte  status  in  this  proceeding.  We  have  considered  the  parties’  submission  as  a  supplement  to  its  earlier  motion,  and 
 will  change  the  ex  parte  status  of  this  proceeding  from  “restricted”  to  “permit-  but-disclose”  for  reasons  set  forth  in  the  supplement,  and  in  recognition  of  the  heightened 
 interest  which  has  been  expressed  in  connection  with  this  proceeding.  3 
 1  Amendment  of  the  Television  Table  of  Allotments  to  Delete  Noncommercial  Reservation  of  Channel  *39, 
 620-  626  MHz,  Phoenix,  Arizona,  and  to  Add  Noncommercial  Reservation  on  Channel  11,  198-  204  MHz,  Holbrook,  Arizona,  DA  04-  2438  (released  August  6,  2004)  (NPRM). 
 2  Ex  parte  presentations  are  prohibited  in  restricted  proceedings;  in  permit-  but-  disclose  proceedings,  ex 
 parte  presentations  are  permitted,  but  must  be  disclosed.  See  Amendment  of  47  C.  F.  R.  §  1.200  et  seq.  Concerning  Ex  Parte  Presentations  in  Commission  Proceedings,  12  FCC  Rcd  7348,  7350  (1997)  (Ex  Parte 


 R  &O).  3  Accordingly,  the  Application  for  Review  filed  by  the  parties  on  October  8,  2004  is  dismissed  as  moot. 
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 In  view  of  the  foregoing,  the  Joint  Motion  to  Change  Ex  Parte  Status  filed  by  NBC  Telemundo  Phoenix,  Inc.  and  Community  Television  Educators,  Inc.  in  connection 
 with  the  above-  referenced  rule  making  proceeding  IS  HEREBY  REINSTATED  AND  GRANTED. 


 Sincerely, 


 Barbara  A.  Kreisman  Chief,  Video  Division 
 Media  Bureau  cc:  L.  William  LeBeau,  Esq. 
 Robert  L.  Olender,  Esq.  Brendan  Holland,  Esq. 
 Drinker  Biddle  &  Reath  LLP 
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