Broadcast Services; TV Ownership; Newspaper/Radio Cross Ownership

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 76

[MM Docket Nos. 94-150, 92-51, 87-154, 91-221, 87-8, 96-222 & 96-197;

DA 97-210]

Broadcast Services; TV Ownership; Newspaper/Radio Cross Ownership

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of reply comment deadline.

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SUMMARY: The Commission granted a two-week extension of the deadline to

file reply comments in the above-cited dockets in response to a request

filed by the Media Access Project (MAP) on behalf of a number of other

organizations. The deadline to file reply comments in these proceedings

is now March 21, 1997. The Commission determined that a brief extension

of the reply comment deadline was warranted to facilitate the

development of a full record, but declined to grant a longer extension

of the reply comment deadline or to extend the deadline for filing

initial comments as requested by MAP. The intended effect of this

action is to allow the parties additional time to review the initial

comments filed in these proceedings and to prepare reply comments

responding to the issues raised in the initial comments.

EFFECTIVE DATE: Reply comments are now due by March 21, 1997.

ADDRESSES: Federal Communications Commission, 2000 M Street, N.W.,

Suite 500, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Mania Baghdadi, Paul

Gordon, Roger Holberg or Charles Logan (202) 418-2130, Mass Media

Bureau.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Order granting an

extension of time for filing reply comments in MM Docket Nos. 94-150,

92-51, 87-154, 91-221, 87-8, 96-222 and 96-197; DA 97-210, adopted

January 30, 1997, and released January 30, 1997. The complete text of

this Order is available for inspection and copying during normal

business hours in the FCC Reference Center (Room 239), 1919 M Street,

N.W., Washington, D.C., and also may be purchased from the Commission's

copy contractor, International Transcription Service, (202) 857-3800,

2100 M Street, N.W., Suite 140, Washington, D.C. 20037.

Synopsis of Order Extending Time for Filing Reply Comments

1. On November 5, 1996, the Commission adopted three related

rulemaking items regarding national and local ownership of television

stations and attribution of broadcast and cable/MDS ownership

interests. Notice of Proposed Rule Making, 61 FR 66987 (December 19,

1996) in MM Docket Nos. 96-222, 91-221, and 87-8, FCC 96-437 (released

November 7, 1996) (national ownership proceeding); Second Further

Notice of Proposed Rule Making, 61 FR 66978 (December 19, 1996) in MM

Docket Nos. 91-221 and 87-8, FCC 96-438 (released November 7, 1996)

(local ownership proceeding); Further Notice of Proposed Rule Making,

61 FR 67275 (December 20, 1996) in MM Docket Nos. 94-150, 92-51, and

87-154, FCC 96-436 (released November 7, 1996) (attribution

proceeding). Comments in all three of these proceedings are currently

due by February 7, 1997, and reply comments are currently due by March

7, 1997. In addition, on September 17, 1996, the Commission adopted a

Notice of Inquiry, 61 FR 53694 (October 15, 1996) regarding its policy

for waiving its newspaper/radio cross ownership restriction. Notice of

Inquiry in MM Docket 96-197, 11 FCC Rcd 13003 (1996). Comments in that

proceeding were initially due to be filed by December 9, 1996, and

reply comments by January 8, 1997. By Order released December 5, 1996,

the Commission extended the comment and reply comment deadlines in that

proceeding to coincide with the comment and reply comment deadlines in

the national ownership, local ownership, and attribution proceedings.

In so doing, the Commission reasoned that the issues raised in the

newspaper/radio cross ownership proceeding were similar to those raised

in the other three rulemaking proceedings, and that it was appropriate

that the four proceedings share the same comment and reply

[[Page 7204]]

comment deadlines to facilitate the development of a more comprehensive

record.

2. On January 17, 1997, the Media Access Project (MAP), on behalf

of a number of other organizations, filed a request for a thirty day

extension of both the comment and reply comment deadlines in the

national ownership, local ownership, and attribution proceedings. In

the alternative, in the event the Commission declines to grant this

request, MAP requests a forty-five day extension of the reply comment

deadline in the three proceedings. In support of its request, MAP

argues that each of the rulemaking proceedings involves matters of

great importance, and that the short comment and reply comment periods

create an onerous workload for parties interested in filing comments,

especially counsel for members of the public which have limited staff

and resources. Because the comment and reply comment deadlines in the

three proceedings coincide, MAP argues that it will be difficult to

thoroughly address the issues raised in each of the separate

proceedings. MAP claims this difficulty is especially pronounced with

respect to preparation of reply comments, as commenters will have only

one month in which to read and respond to the initial comments filed in

all three proceedings. Finally, MAP notes that there are a number of

other unrelated proceedings currently before the Commission with

similar comment deadlines in which MAP is participating, further

straining its resources.

3. As set forth in Section 1.46 of the Commission's rules, 47 CFR

1.46, it is our policy that extensions of time for filing comments in

rulemaking proceedings shall not be routinely granted. We gave

interested parties three months in which to prepare and file initial

comments in the three proceedings for which MAP requests extensions,

and we continue to believe this amount of time is adequate to permit

development of a comprehensive record. However, given the total number

of comments we expect to receive in the three proceedings, the

complexity of the issues involved, and the interrelated issues raised

by the three proceedings, we believe it is appropriate to grant an

additional 14 days in which to file reply comments. While this is not

as long as MAP's alternative request to extend the reply comment

deadline, we believe a 14-day extension is sufficient in that it will

give parties a total of 45 days after the initial comments are filed in

which to file reply comments. Although MAP did not request an extension

of time with respect to the newspaper/radio cross ownership proceeding,

we also, on our own motion, extend the reply comment deadline in that

proceeding to maintain a concurrent schedule for all four proceedings.

4. Accordingly, it is ordered that the Request for Extension of

Time to Submit Comments and Reply Comments filed in MM Docket Nos. 94-

150, 92-51, 87-154, 91-221, 87-8, and 96-222 by MAP is granted to the

extent detailed herein.

5. It is further ordered that the time for filing reply comments in

the above-captioned proceedings is extended to March 21, 1997.

6. This action is taken pursuant to authority found in Sections

4(i) and 303(r) of the Communications Act of 1934, as amended, 47

U.S.C. Secs. 154(i) and 303(r), and Sections 0.204(b), 0.283, and 1.45

of the Commission's rules, 47 CFR Secs. 0.204(b), 0.283, and 1.45.

List of Subjects

47 CFR Part 73

Television, Radio.

47 CFR Part 76

Cable television.

Federal Communications Commission.

Roy J. Stewart,

Chief, Mass Media Bureau.

[FR Doc. 97-3953 Filed 2-14-97; 8:45 am]

BILLING CODE 6712-01-P