[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Notices]
[Pages 17153-17154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7373]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 04-75; DA 04-747]


Comment Sought on ``Request for Expedited Declaratory Ruling'' 
Concerning the Territorial Exclusivity Rule

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: This document seeks comment on a ``Request for Expedited 
Declaratory Ruling'' submitted by Max Media of Montana LLC. Max Media 
contends that the NBC television network and Sunbelt Communications 
Company and companies it controls have an agreement under which NBC 
will not renew its current NBC affiliation with Max Media's KTGF-TV in 
Great Falls, Montana, when that affiliation agreement expires in 2005. 
Max Media contends that the alleged agreement constitutes an 
arrangement between Sunbelt and a network organization (i.e., NBC) with 
regard to Sunbelt's stations in communities other than Great Falls, 
Montana, which ``prevents or hinders another broadcast station located 
in a different community (i.e., Max Media's station in Great Falls) 
from broadcasting any program of the network organization,'' in 
violation of the Commission's ``territorial exclusivity'' rule. Max 
Media requests an expedited declaratory ruling in order to terminate 
this controversy and to resolve a dispute concerning the territorial 
exclusivity rule. This proceeding will be governed by permit-but-
disclose ex parte procedures that are applicable to nonrestricted 
proceedings.

DATES: Comments are due on or before April 28, 2004. Reply comments are 
due on or before May 10, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for further filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Jane Gross, Policy Division, Media 
Bureau (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, MB Docket No. 04-75, released March 19, 2004. Comments, reply 
comments, and ex parte submissions will be available for public 
inspection during regular business hours in the FCC Reference Center, 
Federal Communications Commission, 445 12th Street, SW., CY-A257, 
Washington, DC 20554. These documents also will be available 
electronically from the Commission's Electronic Comment Filing System. 
Documents are available electronically in ASCII text, Word 97, and 
Adobe Acrobat. Copies of filings in this proceeding may be obtained 
from Qualex International, Portals II, 445 12th Street, SW., Room, CY-
B402, Washington, DC 20554, telephone (202) 863-2893, facsimile (202) 
863-2898, or via e-mail at [email protected]. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the Consumer and Governmental Affairs Bureau at (202) 418-0531 
(voice), (202) 418-7365 (TTY).

Synopsis

    On February 25, 2004, Max Media of Montana LLC (``Max Media'') 
filed a ``Request for Expedited Declaratory Ruling'' (``Request''). The 
Request seeks

[[Page 17154]]

a Commission ruling concerning section 73.658(b) of the Commission's 
Rules (47 CFR 73.658(b)), the ``territorial exclusivity'' rule. The 
territorial exclusivity rule, in part, provides that, ``No license 
shall be granted to a television broadcast station having any contract, 
arrangement, or understanding, express or implied, with a network 
organization * * * which prevents or hinders another broadcast station 
located in a different community from broadcasting any program of the 
network organization.''
    Max Media contends that the NBC television network and Sunbelt 
Communications Company and companies it controls (``Sunbelt'') have an 
agreement under which NBC will not renew its current NBC affiliation 
with Max Media's KTGF-TV in Great Falls, Montana, when that affiliation 
agreement expires in 2005. Under this arrangement, Max Media alleges, 
NBC will, instead, give the affiliation to Sunbelt, which has NBC-
affiliated stations in nearby communities. Sunbelt does not have a 
station licensed to Great Falls, Montana, but would allegedly provide 
coverage of Great Falls using stations it controls in nearby 
communities and through booster, translator and low-power television 
stations that it has applied for in Great Falls. Max Media has filed 
pleadings in opposition to those license applications.
    Max Media contends that the alleged agreement constitutes an 
arrangement between Sunbelt and a network organization (i.e., NBC) with 
regard to Sunbelt's stations in communities other than Great Falls, 
Montana, which ``prevents or hinders another broadcast station located 
in a different community (i.e., Max Media's station in Great Falls) 
from broadcasting any program of the network organization,'' in 
violation of the territorial exclusivity rule. It requests an expedited 
declaratory ruling pursuant to Sec.  1.2 of the Commission's rules, 47 
CFR 1.2, and section 5(d) of the Administrative Procedure Act, 5 U.S.C. 
554(e), in order to terminate this controversy and to resolve a dispute 
concerning the territorial exclusivity rule.
    On March 10, 2004, Sunbelt filed an ``Opposition of Sunbelt 
Communications Company to Request for Expedited Declaratory Ruling'' 
(``Opposition''). In the Opposition, Sunbelt asserts that a declaratory 
ruling is inappropriate in this case because there is no controversy to 
terminate or uncertainty to remove. Additionally, it asserts that there 
is no merit to Max Media's complaint that the territorial exclusivity 
rule is being violated by Sunbelt or NBC. Rather, it contends, all that 
is present in this matter is the exercise of normal business judgments 
by the parties.
    We invite comment on the Max Media petition.
    Ex parte status: In order to permit a full exchange of views on the 
issues raised in the Request, and Max Media's indication that it is 
seeking a declaratory ruling rather than specific enforcement action, 
we have concluded that the public interest would be served by 
classifying this proceeding, as well as the related pending application 
proceedings, as permit-but-disclose under the ex parte rules 
notwithstanding the existence of related applications and oppositions. 
Accordingly, by the Public Notice, and pursuant to Sec.  1.1200(a) of 
the Commission's Rules, 47 CFR 1.1200(a), we announce that these 
proceedings will be governed by permit-but-disclose ex parte procedures 
that are applicable to nonrestricted proceedings under section 1.1206 
of the Commission's rules, 47 CFR 1.1206.
    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, as set forth below, no later 
than the next business day after the presentation. 47 CFR 1.1206(b)(1). 
Persons making oral ex parte presentations must file a summary of the 
presentation, as set forth below, and deliver copies to the 
Commissioners or Commission employees involved with the presentation no 
later than the next business day after the presentation. 47 CFR 
1.1206(b)(2). All ex parte filings must be clearly labeled as such and 
must reference the Public Notice, DA 04-747, as well as any other 
applicable docket or file numbers.
    Comments must be filed on or before April 28, 2004; and reply 
comments must be filed on or before May 10, 2004. Comments and reply 
comments may be filed using the Commission's Electronic Filing System 
(ECFS) or by filing paper copies (an original and four copies). See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(May 1, 1998).
    Comments filed through the ECFS can be sent as an electronic file 
via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, 
only one copy of an electronic submission must be filed. In completing 
the transmittal screen, commenters should include their full name, U.S. 
Postal Service mailing address, and the applicable docket or rulemaking 
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], and should include the following words 
in the body of the message, ``get form.'' A sample form and directions 
will be sent in reply. Parties who choose to file by paper must file an 
original and four copies of each filing. Filings can be sent by hand or 
messenger delivery, by commercial overnight courier, or by first-class 
or overnight U.S. Postal Service mail (although we continue to 
experience delays in receiving U.S. Postal Service mail). The 
Commission's contractor, Natek, Inc., will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes 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 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal 
Service first-class mail, Express Mail, and Priority Mail should be 
addressed to 445 12th Street, SW., Washington, DC 20554. All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission. In addition, parties 
should serve one copy of each filing via e-mail, or five paper copies, 
on Jane Gross, [email protected], Federal Communications Commission, 
Media Bureau, Policy Division, 445 12th Street, SW., 3-A832, 
Washington, DC 20554.

Federal Communications Commission.
William H. Johnson,
Deputy Chief, Media Bureau.
[FR Doc. 04-7373 Filed 3-31-04; 8:45 am]
BILLING CODE 6712-01-P