Federal Communications Commission Washington, D.C. 20554 June 25, 2015 DA 15-753 Michael D. Basile Cooley LLP Counsel to KIRO-TV, Inc. 1299 Pennsylvania Avenue, NW Suite 700 Washington, DC 20004 Bruce E. Beard Cinnamon Mueller Counsel to New Day Broadband of Washington, LLC 1714 Deer Tracks Trail Suite 215 St. Louis, Missouri 63131 In re: Enforcement Complaint Concerning KIRO-TV, Seattle, Washington MB Docket No. 12-75, CSR 8597-C Dear Mr. Basile and Mr. Beard: On March 12, 2012, KIRO-TV, Inc. (“Cox”) filed a complaint alleging that New Day Broadband, LLC (“New Day”) had retransmitted the signal for station KIRO-TV, Seattle, Washington without Cox’s consent “for many months, and possibly since August 1, 2010.” On April 12, 2012, Cox filed a reply in which it stated, “It is undisputed that New Day retransmitted KIRO-TV’s programming without consent for a total of 592 days between August 1, 2010 and March 15, 2012 . . . .” It is our understanding that New Day is no longer in business, 1 and thus that they are no longer retransmitting KIRO-TV’s programming. In addition, we note that the statute of limitations for the allegations contained in the complaint has expired. 2 Thus we hereby dismiss the complaint. Accordingly, IT IS ORDERED that the complaint in the above-referenced proceeding IS DISMISSED WITH PREJUDICE and that the above-referenced proceeding IS TERMINATED. This action is taken under delegated authority pursuant to Section 0.283 of the Commission’s rules. 3 Sincerely, 1 See Arwyn Rice, “Cable television service disconnected in Forks; about 120 customers affected,” Peninsula Daily News (Apr. 28, 2012), available at http://www.peninsuladailynews.com/article/20120429/NEWS/304299992. 2 See TV Max, Inc. and Broadband Ventures Six, LLC d/b/a Wavevision, et al., Forfeiture Order, 29 FCC Rcd 8648, 8658, n. 75 (2014) (“we may propose forfeitures only for violations that occurred within one year of the date of issuance of the [Notice of Apparent Liability]”); 47 U.S.C. § 503(b)(6). 3 47 C.F.R. § 0.283. 2Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau