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 Federal  Communications  Commission  DA  05-  452 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  re  Request  of  )  ) 
 Broadcasting  Board  of  Governors  )  United  States  of  America  ) 
 )  For  Extension  of  Authorization  ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  February  17,  2005  Released:  February  18,  2005 
 By  the  Chief,  International  Bureau: 
 1.  This  Order  addresses  a  request  by  the  Broadcasting  Board  of  Governors  (BBG)  that  the  Commission  extend  for  one  year  the  authorization  for  TV  Marti  to  operate  Channel  13  facilities 
 with  technical  parameters  at  variance  from  those  that  the  Commission  originally  authorized.  1  The  Commission  originally  granted  to  the  United  States  Information  Agency  (USIA) 
 authorization  to  use  Channel  13  for  TV  Marti  facilities  to  broadcast  television  programming  to  Cuba.  2  Thereafter  BBG  became  responsible  for  TV  Marti,  and  on  August  19,  2004,  the 
 Commission  adopted  the  Modification  Order  that  amended  the  allocation  of  Channel  13  to  BBG.  3  The  Modification  Order  also  authorized  TV  Marti  to  operate  Channel  13  facilities  with  technical 
 parameters  at  variance  from  those  that  the  Commission  had  previously  authorized.  4  This  authorization  was  for  a  period  of  six  months  from  the  date  of  the  Modification  Order.  5  BBG  now 
 requests  a  one  year  extension  of  that  six  month  period.  6  As  discussed  below,  we  grant  the  request,  subject  to  conditions  to  ensure  the  TV  Marti  facilities  do  not  cause  harmful  interference 
 to  Commission  licensees. 


 1  Letter  from  Kenneth  Y.  Tomlinson,  Chairman,  Broadcasting  Board  of  Governors,  United  States  of 
 America,  to  Michael  Powell,  Chairman,  Federal  Communications  Commission,  dated  January  14,  2005  (BBG  letter). 


 2  Request  of  United  States  Information  Agency,  6  FCC  Rcd  1714  (1991),  as  modified  by  Letter  of  Roy  J. 
 Stewart,  Chief,  Mass  Media  Bureau,  to  Joe  Bruns,  Acting  Director,  Voice  of  America,  dated  July  26,  1993,  and  10  FCC  Rcd  4514  (1995)  (Request  of  USIA). 


 3  Request  of  United  States  Department  of  State  for  Modification  of  Authorization,  Memorandum  Opinion 
 and  Order  19  FCC  Rcd  16259  (2004)  (Modification  Order). 
 4  Id. 


 5  Id. 
 6  BBG  Letter. 
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 Federal  Communications  Commission  DA  05-  452 
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 2.  Consistent  with  the  Commission’s  previous  order,  we  have  evaluated  BBG’s  request  to  extend  authorization  of  the  modified  facilities  for  one  year,  and  find  that  BBG’s  operations 
 comply  with  the  Modification  Order.  In  accordance  with  the  Television  Broadcasting  to  Cuba  Act  7  ,  and  in  recognition  of  the  foreign  policy  interests  noted  by  BBG,  we  grant  BBG’s  request 
 and  allow  TV  Marti  to  continue  to  operate  Channel  13  facilities  with  technical  parameters  at  variance  from  those  the  Commission  previously  authorized.  This  authorization  is  for  the  term  of 
 one  year  and  is  subject  to  the  same  conditions  enumerated  in  the  Modification  Order. 
 3.  As  this  change  to  the  TV  Marti  authorization  carries  out  the  mandate  of  the  Television  Broadcasting  to  Cuba  Act,  and  reflects  foreign  policy  determinations  made  by  Congress  and  the 
 President  of  the  United  States,  we  find  for  good  cause  that  public  notice  and  comment  thereon  is  unnecessary.  8 


 4.  Accordingly,  IT  IS  ORDERED  that  TV  Marti  may  operate  Channel  13  television  facilities  with  technical  parameters  at  variance  from  those  previously  authorized  by  the 
 Commission.  Such  operations  shall  be  permitted  for  a  period  of  twelve  months  from  the  effective  date  of  this  Order. 


 5.  IT  IS  FURTHER  ORDERED  that  TV  Marti’s  operations  on  Channel  13  be  on  a  non-interference  basis  and  that  such  operations  must  cease  if  the  Commission  determines  that  they  are 
 causing  harmful  interference  to  any  lawfully  operating  Commission  licensee. 
 6.  IT  IS  FURTHER  ORDERED  that  this  Order  shall  be  effective  immediately  upon  release. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Donald  Abelson  Chief 
 International  Bureau 


 7  22  U.  S.  C.  §1465bb(  d)(  1).  Television  Broadcasting  to  Cuba  Act,  in  Foreign  Relations  Authorization  Act, 
 Fiscal  Years  1990  and  1991,  Part  D  of  Title  II,  Pub.  L.  No.  101-  246  Stat.  58,  Section  242(  3). 
 8  See  5  U.  S.  C.  §  553(  a)  (1),  (b)  (3)  (B). 
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