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 10-757 Released: May 5, 2010 MEDIA BUREAU ANNOUNCES PERMIT-BUT-DISCLOSE EX PARTE STATUS FOR MEDIA COUNCIL HAWAI’I’S COMPLAINT AND REQUEST FOR EMERGENCY RELIEF REGARDING SHARED SERVICES AGREEMENT BETWEEN RAYCOM MEDIA AND MCG CAPITAL On October 7, 2009, Media Council Hawai’i (“Media Council”) filed a Complaint and Request for Emergency Relief arguing, among other things, that a series of agreements between the licensee of stations KHNL(TV) and KFVE(TV), Honolulu, HI, a wholly owned subsidiary of Raycom Media, Inc. (collectively “Raycom”), and HITV License Subsidiary, Inc. (“HITV”), licensee of station KGMB(TV), Honolulu, Hawaii, would result in an unauthorized transfer of control of station KGMB(TV) to Raycom, in violation of section 310(d) of the Communications Act of 1934 and section 73.3555(b) of the Commission’s rules.1 On October 30, 2009, Media Council filed a letter requesting that the staff alter the ex parte status of the complaint proceeding from restricted to permit-but-disclose. On November 9, 2009, counsel for HITV filed an opposition to the request, contending that Media Council has failed “to describe what relevant contribution unspecified members of the public or unidentified Members of Congress can make to the resolution by the Commission of the specific legal issues that have been raised in this proceeding.”2 Media Council responds that members of the public have legitimate concerns about the loss of diverse viewpoints allegedly resulting from the set of agreements entered into between Raycom and HITV, as well as are concerned about the inability to receive the signals of stations KGMB(TV) and KHNL(TV) due to a change in tower location. Since the subjects of Media Council’s complaint have been served, the instant proceeding is restricted pursuant to section 1.1202(d)(2) of the Commission’s rules.3 Contrary to the assertion of HITV, we believe that classifying this proceeding as permit-but-disclose is in the public interest because the proceeding raises issues upon which the public has a demonstrable concern, especially within the affected market. In view of this and in order to assure the staff’s ability to discuss and obta in information needed to resolve the issues presented expeditiously, adoption of modified ex parte procedures is appropriate. Accordingly, by this Public Notice, and pursuant to Section 1.1200(a) of the Commission’s rules,4 we 1 47 U.S.C. § 310(d); 47 C.F.R. § 73.3555(b) (2002). 2 Letter from John Griffith Johnson, Jr., Esq., to Marlene H. Dortch, Secretary, Federal Communications Commission, dated November 9, 2009. 3 47 C.F.R. §1.1202(d)(2). 4 47 C.F.R. §1.1200(a). 2 announce that the ex parte procedures applicable to permit-but-disclose proceedings will govern our consideration of the instant complaint proceeding.5 Permit-but-disclose ex parte procedures permit interested parties to make ex parte presentations to the Commissioners and Commission employees and require that these presentations be disclosed in the record of the relevant proceeding. Persons making a written ex parte presentation to the Commissioners or Commission employees must file the written presentation with the Commission Secretary no later than the next business day after the presentation.6 Persons making oral ex parte presentations must file a summary of the presentation no later than the next business day after the presentation.7 All ex parte filings must be clearly labeled as such and must reference this Public Notice, DA 10-757. An original and one copy of all ex parte written presentations and memoranda must be filed with the Commission’s Secretary. Copies sent by First Class Mail, Express Mail and Priority Mail, must be sent to: Federal Communications Commission, Office of the Secretary, 445 12th Street, S.W., Washington, D.C. 20554. Hand-delivered or messenger-delivered copies must be sent to: Federal Communications Commission, Office of the Secretary c/o Natek, Inc., 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. Other messenger-delivered documents, including documents sent by overnight mail (other than United States Postal Service Express Mail and Priority Mail) must be sent to: Federal Communications Commission, Office of the Secretary, 9300 East Hampton Drive, Capitol Heights, MD 20743. All filings must be made in accordance with Section 1.1206(b)(1) of the Commission’s rules.8 In addition, one copy of each ex parte written presentation and memorandum should be delivered to Best Copy and Printing, Inc., Portals II, 445 12th St. S.W., Room CY-B402, Washington D.C.; and David Brown, Video Division, Media Bureau, 445 12th Street, S.W., Room 2-C828, Washington, D.C. 20554. For further information, contact David Brown at (202) 418-1600. For Press inquiries, contact Janice Wise at (202) 418-8165. By: Chief, Media Bureau - FCC - 5 See 47 C.F.R. §1.1206. 6 47 C.F.R. §1.1206(b)(1). 7 47 C.F.R. §1.1206(b)(2). 8 47 C.F.R. §1.1206(b)(1).