PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 07-637 Released: February 21, 2007 MEDIA BUREAU ACTION NEWS CORPORATION, THE DIRECTV GROUP, INC. AND LIBERTY MEDIA CORPORATION SEEK APPROVAL TO TRANSFER CONTROL OF FCC AUTHORIZATIONS AND LICENSES MB Docket No. 07-18 PLEADING CYCLE ESTABLISHED Comments/Petitions Due: March 23, 2007 Responses/Oppositions to Petitions Due: April 9, 2007 On January 30, 2007, News Corporation (“News Corp.”), The DIRECTV Group, Inc. and Liberty Media Corporation (“Liberty Media”) (collectively, “Applicants”) submitted a consolidated application to the Commission seeking consent to transfer control of various Commission licenses and authorizations held by The DIRECTV Group, Inc. and its subsidiaries (collectively “DIRECTV”) from News Corp. to Liberty Media, pursuant to Section 310(d) of the Communications Act of 1934.1 As a result of the transaction, News Corp. will divest its ownership interest in DIRECTV and Liberty Media will divest its interest in News Corp.2 Under the proposed transaction and pursuant to a Share Exchange Agreement dated as of December 22, 2005, Liberty Media will swap its 16.3 percent equity stake in News Corp. in return for 100 percent of 1 See 47 U.S.C. § 310(d); Application of News Corporation and The DIRECTV Group, Inc., Transferors, and Liberty Media Corporation, Transferee, For Authority to Transfer Control, Consolidated Application for Authority to Transfer Control (“Consolidated Application”), MB Docket No. 07-18 (filed January 29, 2007). 2 A complete list of the licenses and authorizations held by DIRECTV and subject to the filed application is set forth in the Attachment. 2 the capital stock of a subsidiary of News Corp. that will hold News Corp.’s 38.4 percent ownership interest in DIRECTV, News Corp.’s 100 percent interest in three regional sports networks (“RSNs”) serving Denver, Pittsburgh, and Seattle,3 and approximately $550 million in cash.4 The Exchange is subject to several conditions, including approval of this consolidated application and other regulatory approvals, a ruling from the Internal Revenue Service, and News Corp. stockholder approval. EX PARTE STATUS OF THIS PROCEEDING Because this proceeding involves broad public policy issues, the proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex parte rules. See generally 47 C.F.R. §§ 1.1200-1.1216. Should circumstances warrant, this proceeding or any related proceeding may be designated as restricted. As a result of the permit-but-disclose status of this proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission’s rules applicable to non-restricted proceedings.5 Parties making oral ex parte presentations are directed to the Commission’s statement re-emphasizing the public’s responsibility in permit-but-disclose proceedings and are reminded that memoranda summarizing the presentation must contain the presentation’s substance and not merely list the subjects discussed.6 More than a one- or two-sentence description of the views and arguments presented is generally required.7 We urge parties to use ECFS to file ex parte submissions.8 GENERAL INFORMATION The consolidated application for transfer of control of the licenses and authorizations referenced herein, upon initial review, has been accepted for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules, regulations, or policies. Interested parties must file petitions to deny or informal comments no later than March 23, 2007. Persons that file informal comments generally may not seek reconsideration of rulings from the Commission or file appeals of a final decision to the courts but may otherwise participate in the proceeding. Responses or oppositions to such pleadings must be filed no later than April 9, 2007. All filings concerning matters referenced in this Public Notice should refer to MB Docket No. 07-18, as well as the specific file numbers of the individual applications or other matters to which the filings pertain (unless the filings pertain to all applications). 3 The three RSNs are Fox Sports Net Northwest, LLC, Fox Sports Net Pittsburgh, LLC and Fox Sports Net Rocky Mountain, LLC. 4 The cash amount is subject to adjustment based upon, among other things, the working capital of the RSNs as of the closing of the Exchange. 5 An ex parte presentation is any communication (spoken or written) directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner’s assistant, or other decision-making staff member, that, if written, is not served on other parties to the proceeding or, if oral, is made without an opportunity for all parties to be present. See 47 C.F.R. § 1.1201. 6 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, FCC 00-358, 15 FCC Rcd 19945 (2000). 7 See 47 C.F.R. § 1.1206(b)(2), as revised. Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b) as well. 8 See “General Information” section. 3 Under the Commission’s current procedures for the submission of filings and other documents, submissions in this matter may be filed electronically (i.e., through ECFS) or by hand delivery to the Commission’s Massachusetts Avenue location. · Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/. For ECFS filers, if multiple docket numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. § Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. § U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. § People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). In addition, one copy of each pleading must be sent to each of the following: 1. The Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail at www.bcpiweb.com; 2. Sarah Whitesell, Media Bureau, Room 3-C458; e-mail Sarah.Whitesell@fcc.gov;9 3. Tracy Waldon, Media Bureau, Room 3-C488; e-mail Tracy.Waldon@fcc.gov; 4. Royce Sherlock, Media Bureau, Room 2-C360; e-mail Royce.Sherlock@fcc.gov; 9 The street address for all Commission staff is 445 12th Street, S.W., Washington, D.C. 20554. 4 5. Patrick Webre, Media Bureau, Room 3-C738; e-mail Patrick.Webre@fcc.gov; 6. Jim Bird, Office of General Counsel, Room 8-C824; e-mail Jim.Bird@fcc.gov; 7. JoAnn Lucanik, International Bureau, Room 6-A660; e-mail JoAnn.Lucanik@fcc.gov. An additional point of contact in the Wireless Telecommunications Bureau is Jeff Tobias, at (202) 418-0620. Copies of the consolidated application and any subsequently filed documents in this matter may be obtained from Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, telephone 1-800-378-3160, or via-e-mail www.bcpiweb.com. The consolidated application and any associated documents are also available for public inspection and copying during normal reference room hours at the following Commission office: FCC Reference Information Center, 445 12th Street, S.W., Room CY- A257, Washington, D.C. 20554. The applications are also available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http://www.fcc.gov. Additional information regarding the transaction will be available on the FCC’s Office of General Counsel’s website, http://www.fcc.gov/ogc, which will contain a fully indexed, unofficial listing and electronic copies of all materials in this docket. For further information, contact Royce Sherlock, (202) 418-2330 or Patrick Webre, (202) 418-7200. Press inquiries should be directed to Clyde Ensslin, (202) 418-0506 of the Office of Media Relations. [FCC] 5 ATTACHMENT The consolidated application filed by News Corp., DIRECTV and Liberty Media include Commission authorizations and licenses listed in the Attachment below. They are separated by the type of authorization or license, and, within each category, listed by licensee name, application or ULS file number, call sign or lead call sign (for ULS filings), and/or other service-specific information, as appropriate. Interested parties should refer to the applications for a more detailed listing of the authorizations or licenses. Each of the Applicants’ subsidiaries or affiliates may hold multiple authorizations or licenses of a particular type. Parties should be aware that additional applications may have to be filed to identify any additional authorizations involved in this transaction. Part 25 – Satellite Communications File No. Licensee/Registrant Call Sign Satellite Space Stations SAT-T/C-20070129-00021 DIRECTV Enterprises, LLC S2369 S2430 S2455 S2632 S2669 S2673 S2693 SAT-T/C-20070129-00023 DIRECTV Enterprises, LLC S2132 S2133 S2191 S2640 S2641 S2689 Satellite Earth Stations SES-T/C-20070129-00151 DIRECTV Enterprises, LLC E010129 E010130 E020172 E030105 E030117 E050112 E050113 E050121 E050122 E050229 E050230 E050255 E050286 E060014 E060187 E060188 E060236 E060298 E060299 E930191 6 File No. Licensee/Registrant Call Sign SES-T/C-20070129-00151 (cont’d.) E930229 E930304 E930485 E950349 E980285 E980338 E980340 E980473 E990159 SES-T/C-20070129-00152 DIRECTV Enterprises, LLC E050340 SES-T/C-20070129-00153 DIRECTV Enterprises, LLC E040179 E040180 E980170 E980341 SES-T/C-20070129-00154 DIRECTV Enterprises, LLC E040024 SES-T/C-20070129-00155 California Broadcast Center, LLC E010237 E020091 SES-T/C-20070129-00156 DIRECTV Enterprises, LLC E990545 Wireless Licenses File No. Licensee/Registrant Call Sign FCC File No. 0002876183 DIRECTV Enterprises, LLC WPZC401 FCC File No. 0002876452 The DIRECTV Group, Inc. WNEU909 FCC File No. 0002876636 DIRECTV, Inc. WPTZ691