DA 19-581 June 20, 2019 MEDIA BUREAU ACTION CLARIFICATION OF THE EX PARTE STATUS OF, AND ESTABLISHMENT OF COMMENT DATES FOR, TELEPAK NETWORKS, INC.’S PETITION FOR DECLARATORY RULING MB Docket No. 19-159 Declaratory Ruling Comments Due: July 22, 2019 Declaratory Ruling Reply Comments Due: August 12, 2019 On June 3, 2019, Telepak Networks, Inc. d/b/a C Spire Fiber (C Spire) filed a Petition for Declaratory Ruling. Retransmission Consent Complaint and Petition for Declaratory Ruling, MB Docket No. 19-159 (filed Jun. 3, 2019), https://ecfsapi.fcc.gov/file/10603055318039/CSpire%20Gray%20Complaint%202019%2006%2003%20FINAL%20as%20FILED.pdf, (Petition). C Spire seeks a finding that “[w]hen the Commission modifies a commercial television broadcast station’s market to include an additional community or additional communities, that station and all of its broadcast streams are now considered to be in-DMA (or “local”) for reciprocal retransmission consent purposes in those communities.” Petition at 19. On June 12, 2019, C Spire’s Petition was released as part of the Bureau’s regular Special Relief and Show Cause Petitions report. Special Relief and Show Cause Petitions, Docket No. 19-159, Public Notice, Report No: 0481 (MB Jun. 12, 2019) (available at https://docs.fcc.gov/public/attachments/DOC-357906A1.pdf) (June 12 Report). Proceedings identified in these regular reports are generally treated as “restricted” proceedings in which ex parte presentations are prohibited pursuant to section 1.1208 of the Commission’s rules. 47 CFR § 1.1208. A Petition for Declaratory Ruling, however, is subject to “permit-but-disclose” ex parte treatment, in which presentations to Commission decision-making personnel are permitted as long as they are disclosed as required by section 76.1206(b). See 47 CFR §§ 1.1206(a)(3), 1206(b). Accordingly, we are issuing this Public Notice to clarify that the Declaratory Ruling Petition has permit-but-disclose ex parte status as required by the Commission’s rules. The Petition also contained a complaint that Gray Television Group, Inc. had failed to negotiate retransmission consent in good faith with C Spire in violation of section 325 of the Communications Act of 1934, as amended (the Act) and the Commission’s rules. Petition at 1. This “cable special relief petition” portion of the filing was properly noticed in the June 12 Report, and we make no change to the restricted ex parte status of that proceeding. Parties making ex parte presentations with regard to the Declaratory Ruling Petition must avoid addressing the merits of the complaint. Further, Gray shall file an Answer to C Spire’s Complaint in accordance the procedures set forth in sections 76.65(c) and 76.7(b)(2). 47 CFR §§ 76.65(c), 76.7(b)(2). Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). § Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https://www.fcc.gov/ecfs/. § Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking 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. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street, SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes 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 9050 Junction Drive, Annapolis Junction, MD 20701. § 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). Filings are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC 20554, telephone (202) 418-0270. For further information, contact Jonathan Mark, Jonathan.Mark@FCC.gov/(202) 418-2120 or Lyle Elder, Lyle.Elder@FCC.gov/(202) 418-2120. -FCC- 2