Before the

Federal Communications Commission

**Washington, D.C. 20554**

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| In the Matter of                 | * | File Nos. BALCT-20000918ABB, |
|                                  | * |                              |
| the Applications of              | ) | ABC, ABD, ABF, ABK, ABL,     |
|                                  | * |                              |
| UTV of San Francisco, Inc., KCOP | * | ABM, ABN, ABU, ABY, ABG,     |
| Television, Inc.                 |   |                              |
|                                  | * | ABH, ABI, ABJ, ABO, ABP,     |
| UTV of San Antonio, Inc., Oregon | * |                              |
| Television, Inc., UTV of         | ) | ABQ, ABR, ABS, ABV, ABW,     |
| Baltimore, Inc., WWOR-TV, Inc.,  | * |                              |
| and                              | * | ABX, ABZ, ACA, ACB, ACC,     |
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| UTV of Orlando, Inc. and United  | * | ACD, ACE                     |
| Television, Inc.                 | * |                              |
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| (Assignors)                      | * |                              |
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| and                              |   |                              |
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| Fox Television Stations, Inc.    | * |                              |
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| (Assignee)                       | * |                              |
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| For Consent to the Assignment of |   |                              |
| Licenses                         | * |                              |
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| for Stations KBHK-TV, San        | ) |                              |
| Francisco, CA;                   | * |                              |
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| KCOP-TV, Los Angeles, CA;        |   |                              |
| KMOL-TV,                         | * |                              |
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| San Antonio, TX; KPTV-TV,        | ) |                              |
| Portland, OR;                    | * |                              |
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| WUTB-TV, Baltimore, MD; WWOR-TV, |   |                              |
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| Secaucus, NJ; WRBW-TV, Orlando,  | * |                              |
| FL;                              | ) |                              |
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| KMSP-TV, Minneapolis, MN;        | * |                              |
| KTVX-TV,                         |   |                              |
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| Salt Lake City, UT; KUTP-TV,     | * |                              |
| Phoenix, AZ                      | ) |                              |
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**FURTHER SUPPLEMENTAL PROTECTIVE ORDER**

**Adopted: April 18, 2001 Released: April 19, 2001**

By the Chief, Mass Media Bureau:

1.  On April 3, 2001, the Mass Media Bureau, Video Services Division
    directed the News Corporation Limited (News Corp) to submit further
    information regarding the financial condition of the *New York Post*
    in connection with our consideration of the above-captioned
    applications. Although some information had been submitted in
    response to a December 21, 2000 request, we determined that
    additional information was necessary in order to evaluate properly
    the claims raised with respect to the financial condition of the
    newspaper. News Corp had accompanied its initial January 22, 2001
    submission with a request for confidential treatment pursuant to
    Sections 0.457 and 0.459 of the Commission's rules. 47 C.F.R.
    §§0.457 and 0.459. Thereafter, News Corp and The Office of
    Communications of the United Church of Christ, *et al*.
    (Petitioners) negotiated a proposed protective order which we
    released as Protective Order, DA 01-528, and subsequently amended by
    Supplemental Protective Order, DA 01-579. In the April 3, 2001
    letter, we stated that "requests for confidential treatment" of the
    additional financial information would be entertained "consistent
    with our protective order procedures in this proceeding." Letter
    from Barbara Kreisman, Chief, Video Services Division, to William S.
    Reyner, Jr., John C. Quale, and Marvin J. Diamond, April 3, 2001, at
    page 2.

2.  On April 9, 2001, News Corp responded, and requested that the
    additional financial information furnished be subject to the
    existing Protective Order, DA 01-528, as amended by the Supplemental
    Protective Order, DA 01-579, incorporating by reference the
    arguments for confidentiality raised in its December 13, 2000 and
    January 22, 2001 letters. News Corp requests that Paragraph 2 of the
    existing Protective Order be supplemented as follows:

> "Confidential Document" shall also mean the financial information and
> data submitted by News Corp, with a request for confidential
> treatment, in response to the letter, dated April 3, 2001, from
> Barbara A. Kreisman, Chief, Video Services Division, Mass Media
> Bureau, to William S. Reyner, Jr., John C. Quale, and Marvin J.
> Diamond. As used herein, Confidential Document may refer to the
> singular or the plural.

As with its previous confidentiality requests, News Corp maintains that
the financial information and data submitted are proprietary and
competitively sensitive and, therefore, it does not make this type of
information available to the public. News Corp further states that
public disclosure of the documents submitted is "likely to cause
substantial harm to the competitive position of the *New York Post* by
allowing competitors to use such information to disadvantage the paper
with readers and advertisers at a time when competition in the New York
market has become increasingly fierce." Letter from Arthur M. Siskind,
Senior Executive Vice President of The News Corporation Limited, to
Magalie Roman Salas, Secretary, Federal Communications Commission, April
9, 2001, at page 2 footnote 1.

3\. The Petitioners object to "blanket" confidential treatment of the
financial information submitted in response to the April 3, 2001 letter.
The Petitioners contend that the Commission's established policy is to
make most information filed in Title III licensing proceedings publicly
available in order to provide opportunities for comment by the public.
The Commission should further allow the widest public access to the
information, the Petitioners contend, since the case is being treated as
"permit-but-disclose" with respect to the *ex parte* rules. The
Petitioners argue that the "Commission should expediently review any
information submitted by Fox and \[News Corp\]...to determine the extent
to which the information is entitled to confidential treatment." Letter
from Christopher R. Day and Angela Campbell, Attorneys for The Office of
Communications of the United Church of Christ, *et al.*, to Magalie
Roman Salas, Secretary, Federal Communications Commission, April 10,
2001, at page 3. The Petitioners state that, to the extent any
information is entitled to confidential treatment, it should be subject
to entry of a protective order consistent with the existing Protective
Order, DA 01-528, as amended by the Supplemental Protective Order, DA
01-579.

4\. We have reviewed the information submitted in response to our April
3, 2001 letter. While Commission policy is to make most information
submitted in Title III licensing proceedings routinely available for
public inspection, the Commission will limit disclosure to individuals
and entities who file a petition to deny and execute a protective order
in those circumstances where an applicant has made an adequate showing
under Section 0.459 of the Commission's rules, 47 C.F.R. §0.459.
*Examination of Current Policy Concerning the Treatment of Confidential
Information Submitted to the Commission*, 13 FCC Rcd 24816, 24838-39
(1998). We believe that subjecting the information provided by News Corp
to a protective order is appropriate in this instance given that the
information is treated confidentially by News Corp, and is not otherwise
publicly available. 5 U.S.C. §552(b)(4). *See Landfair v. U.S.
Department of Army*, 645 F. Supp. 325, 327 (D.D.C. 1986) (commercial and
financial information can include business sales statistics, research
data, technical designs, overhead and operating costs, and information
on financial condition). We also agree that, given the level of
competition that already exists in the New York market, release of the
information to the public could result in a negative competitive impact
on the *New York Post*.

5\. In the April 3, 2001 letter we stated that the Petitioners would be
granted 10 days from the receipt of the amendment to file a response.
Receipt of a redacted version by the Petitioners met service
requirements. With respect to the response period, however, the
Petitioners have not properly received the amendment until the financial
information is available for review. Consequently, the ten-day period
will begin to run from the release date of the instant order. Any
reference to confidential information in the decision regarding the
above-referenced applications will be consistent with the existing
Protective Order, DA 01-528.

6\. Accordingly, IT IS ORDERED, That the request to supplement the
Protective Order, DA 01-528, as amended by the Supplemental Protective
Order, DA 01-579, IS GRANTED.

**FEDERAL COMMUNICATIONS COMMISSION**

Roy J. Stewart

Chief, Mass Media Bureau