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 Federal  Communications  Commission  DA  06-  670 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  re  Request  of 
 Broadcasting  Board  of  Governors  United  States  of  America 


 For  Modification  of  Authorization 


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 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  March  28,  2006  Released:  March  28,  2006 
 By  the  Chief,  International  Bureau: 
 1.  This  Order  addresses  a  request  by  the  Broadcasting  Board  of  Governors  (BBG)  that  the  Commission  amend  the  authorization  for  TV  Marti  to  operate  Channel  18  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  18  for 
 TV  Marti  facilities  to  broadcast  television  programming  to  Cuba.  2  Thereafter,  BBG  became  responsible  for  TV  Marti.  3  BBG  now  requests  that  the  Commission  grant  Special  Temporary  Authority  (STA)  to 
 operate  facilities  at  variance  on  TV  Marti  Channel  18  on  March  28,  2006  from  the  hours  of  1700-  2300  EST.  As  discussed  below,  we  grant  the  request,  subject  to  conditions  to  ensure  the  new  TV  Marti 
 facilities  do  not  cause  harmful  interference  to  Commission  licensees. 
 2.  Consistent  with  the  Commission's  previous  order,  we  have  evaluated  BBG's  request  for  an  STA  to  allow  operations  at  variance  on  TV  Marti  Channel  18  on  March  28,  2006  from  the  hours  of 
 1700-  2300  EST  and  find  that  BBG's  operations  comply  with  the  Modification  Order.  In  accordance  with  the  Television  Broadcasting  to  Cuba  Act,  4  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  18  facilities  with  technical  parameters  at  variance  from  those  the  Commission  previously  authorized.  This  authorization  is 
 for  March  28,  2006,  from  the  hours  of  1700-  2300  EST  and  is  subject  to  the  same  conditions  enumerated  in  the  Modification  Order. 


 1  Letter  from  Kenneth  Y.  Tomlinson,  Chairman,  Broadcasting  Board  of  Governors,  United  States  of  America,  to 
 Kevin  J.  Martin,  Chairman,  Federal  Communications  Commission,  dated  March  1,  2006  (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 
 See  Request  of  the  United  States  Department  of  State  for  Modification  of  Authorization,  Memorandum  Opinion  and  Order,  19  FCC  Rcd  16259,  16259  n  1  (2004). 


 4  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). 
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 Federal  Communications  Commission  DA  06-  670 
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 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.  5 
 4.  Accordingly,  IT  IS  ORDERED  that  TV  Marti  may  operate  Channel  18  television  facilities  with  technical  parameters  at  variance  from  those  previously  authorized  by  the  Commission. 
 Such  operations  shall  be  permitted  for  the  date  of  March  28,  2006  from  the  hours  of  1700-  2300  EST. 
 5.  IT  IS  FURTHER  ORDERED  that  TV  Marti's  operations  on  Channel  18  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 


 5  See  5  U.  S.  C.  §  553(  a)  (1),  (b)  (3)  (B). 
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