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 09-2396 Released: November 6, 2009 MEDIA BUREAU ACTION ESTABLISHMENT OF “PERMIT-BUT-DISCLOSE” EX PARTE PROCEDURES FOR MEDIACOM COMMUNICATIONS CORPORATION’S RETRANSMISSION CONSENT COMPLAINT AND PETITION FOR AN EMERGENCY ORDER GRANTING INTERIM CARRIAGE RIGHTS (CSR-8233-C and CSR-8234-M) On October 22, 2009, Mediacom Communications Corporation (“Mediacom”) filed a Retransmission Consent Complaint (“Complaint”) and a Petition for an Emergency Order Granting Interim Carriage Rights (“Petition for Interim Carriage”). On the same date, Mediacom filed an Emergency Request for Designation as “Permit-But-Disclose” Proceeding in connection with its Complaint and the associated Petition for Interim Carriage. On November 3, 2009, Sinclair Broadcast Group, Inc. (“Sinclair”) filed an Opposition to Emergency Request for Designation as “Permit-But-Disclose” Proceeding and for Ex Parte Contacts (“Opposition”). In its Opposition, Sinclair argues that the change in ex parte status will “bog down” the proceeding and that “an open discourse with all parties present, rather than a series of one- sided presentations, is the best way to insure that the Commission understands the issues.”1 On November 5, 2009, Mediacom filed a Reply to the Opposition arguing that Sinclair’s reasons for maintaining “restricted” ex parte status are not persuasive. Although a retransmission consent complaint pursuant to Section 76.65 is ordinarily treated as a “restricted” proceeding in which ex parte presentations are generally prohibited pursuant to Section 1.1208 of the Commission’s rules,2 the Commission, or its staff pursuant to delegated authority, under Section 1.1200(a), may adopt modified ex parte procedures in particular proceedings “where the public interest so requires.”3 Mediacom’s Complaint and its Petition for Interim Carriage raise time sensitive policy issues as to the carriage of the affected stations on Mediacom’s systems. In this regard, the Commission changed the ex parte status of a strikingly similar dispute between the same parties in 2006 to “permit-but-disclose.”4 Contrary to Sinclair’s assertion, we do not believe such action “bogged down” 1 Sinclair Opposition at 2-3. 2 47 C.F.R. § 1.1208. 3 47 C.F.R. § 1.1200(a). 4 See Public Notice, DA 06-2274 (Nov. 8, 2006). that proceeding. Moreover, the change in ex parte status to “permit-but-disclose” in no way prevents either party from requesting a meeting between Commission staff members and all parties, nor does it prevent the Commission from scheduling such a meeting of its own accord. In fact, Commission staff has already scheduled a status conference to be attended by both parties. In view of this and in order to assure the staff’s ability to discuss and obtain the information needed to resolve these issues expeditiously, adoption of modified ex parte procedures is appropriate. We shall therefore treat Mediacom’s Complaint and its Petition for Interim Carriage as “permit-but-disclose” for ex parte purposes subject to the procedural requirements of Section 1.1206.5 The modified ex parte procedures permit both Mediacom and Sinclair to make ex parte presentations regarding any issue arising under Mediacom’s Complaint or Petition for Interim Carriage. Two copies of any written ex parte presentation made or, if oral, two copies of a written summary of such oral ex parte presentation, as well as a copy to the person or persons to whom the oral communication was made, must be filed in each of the proceedings with the Secretary.6 All filings should be clearly captioned as ex parte presentations and should reference the appropriate file number of Mediacom’s proceeding (CSR-8233-C for the Complaint, and CSR-8234-M for the Petition for Interim Carriage). Copies of the Complaint and any subsequently filed documents in these matters are available for inspection in the Commission’s Reference Information Center. 445 12th Street, S.W. Washington, D.C. 20554 (202) 418-7092 Alternate formats of this Public Notice (computer diskette, large print, audio recording, or Braille) are available to persons with disabilities by contacting Consumer and Governmental Affairs Bureau at (202) 418-0530 or (202) 418-7365 (TTY). For further information, contact Diana Sokolow of the Media Bureau, (202) 418-0588. Press inquires should be directed to David Fiske, (202) 418-0513. -FCC- 5 47 C.F.R. § 1.1206. 6 47 C.F.R. § 1.1206(b)(1)&(2).