**DA 06-1454**

**Released: July 20, 2006**

**MEDIA BUREAU ACTION**

**"PERMIT-BUT-DISCLOSE" *EX PARTE* PROCEDURES ESTABLISHED FOR CEBRIDGE
ACQUISITION, LLC d/b/a SUDDENLINK COMMUNICATIONS' EMERGENCY
RETRANSMISSION CONSENT COMPLAINT (CSR 7038-C) AS WELL AS FOR SINCLAIR
BROADCAST GROUP, INC.'S EMERGENCY PETITION FOR DECLARATORY RULING AND
FOR IMMEDIATE INJUNCTIVE RELIEF (CSR 7039-C)**

On July 5, 2006, Cebridge Acquisition, LLC d/b/a Suddenlink
Communications ("Suddenlink") filed an Emergency Retransmission Consent
Complaint ("Complaint") pursuant to Sections 76.7 and 76.65 of the
Commission's rules.[^1] Suddenlink's Complaint alleges that Sinclair
Broadcast Group, Inc. ("Sinclair") violated its duty to negotiate
retransmission consent in good faith for two Charleston, West Virginia
television broadcast stations, WCHS-TV (ABC) and WVAH-TV (Fox) (the
"Stations"). In addition, Suddenlink alleges that Sinclair has demanded
that Suddenlink terminate retransmission of the Stations during a
"sweeps" period in violation of Section 614(b)(9) of the Communications
Act, Note 1 to Section 76.1601 of the Commission's rules, and a ruling
of the former Cable Services Bureau in *Time Warner Cable*.[^2] By this
Public Notice, we designate Suddenlink's Complaint as CSR 7038-C.

On July 6, 2006, Sinclair filed an Emergency Petition for Declaratory
Ruling and for Immediate Injunctive Relief ("Declaratory Ruling") with
the Commission arguing that Suddenlink has no authority to carry the
signals of the Stations and requesting that the Commission order
Suddenlink to immediately cease its carriage of those signals. On July
7, 2006, Suddenlink filed an Opposition to Sinclair's Declaratory
Ruling. By this Public Notice, we designate Sinclair's Declaratory
Ruling as CSR 7039-C.

On July 19, 2006, Suddenlink filed an Emergency Request for Designation
as "Permit-But-Disclose" Proceeding, for *Ex Parte* Contacts, and
Expedited Review ("Emergency *Ex Parte* Request") requesting that the
Commission designate Section 1.1206 "permit-but-disclose" *ex parte*
status for its Complaint, rather than "restricted" *ex parte* status
pursuant to Section 1.1208 of the Commission's rules.[^3] Suddenlink
asserts that this *ex parte* designation will allow informal discussions
that will simplify and expedite a timely resolution of its Complaint.
Also on July 19, 2006, Sinclair filed an Opposition to Suddenlink's
Emergency *Ex Parte* Request arguing that such request would permit
adjudication of Suddenlink's Complaint without affording Sinclair the
right to file an opposition. Sinclair further asserts that grant of
Suddenlink's Emergency *Ex Parte* Request would permit *ex parte*
contacts between the Commission and Suddenlink without affording a
similar right to Sinclair.

Although a retransmission consent complaint pursuant to Section 76.65 is
ordinarily treated as a "restricted" proceeding in which *ex parte*
presentations are generally prohibited pursuant to Section 1.1208 of the
Commission's rules,[^4] the Commission, or its staff pursuant to
delegated authority, under Section 1.1200(a), may adopt modified *ex
parte* procedures in particular proceedings "where the public interest
so requires."[^5] Suddenlink's Complaint and Sinclair's Declaratory
Ruling raise time sensitive policy issues as to the carriage of the
Stations on Suddenlink's system as well as Sinclair's retransmission
consent negotiation conduct. In view of the forgoing and in order to
assure staff's ability to discuss and obtain the information needed to
resolve these issues expeditiously, as well as to reduce possible
confusion and uncertainty as to the applicability of the *ex parte*
rules to these two proceedings with obviously overlapping issues,
adoption of modified *ex parte* procedures is appropriate.

We shall therefore treat both proceedings as "permit-but-disclose" for
*ex parte* purposes and, like Sinclair's Declaratory Ruling proceeding,
subject both to the procedural requirements of Section 1.1206.[^6] We
also hereby clarify any uncertainty that Sinclair may have regarding
such modified procedures. The modified *ex parte* procedures permit both
Suddenlink *and* Sinclair to make *ex parte* presentations regarding any
issue arising under Suddenlink's Complaint or Sinclair's Declaratory
Ruling. Moreover, the modified procedures adopted herein are not
intended to resolve Suddenlink's Complaint outside of the normal
pleading cycle for retransmission consent complaints brought pursuant to
Section 76.65 of the Commission's rules.

Two copies of any written *ex parte* presentation made or, if oral, two
copies of a written summary of such oral *ex parte* presentation, as
well as a copy to the person or persons to whom the oral communication
was made, must be filed in each of the proceedings with the
Secretary.[^7] All filings should be clearly captioned as *ex parte*
presentations and should reference the appropriate file number of each
proceeding: Suddenlink (CSR 7038-C) and Sinclair (CSR 7039-C).

Copies of the Complaint and Declaratory Ruling and any subsequently
filed documents in these matters are available for inspection in the
Commission's Reference Information Center:

> 445 12^th^ Street, S.W.
>
> Washington, D.C. 20554
>
> \(202\) 418-7092

Alternate formats of this Public Notice (computer diskette, large print,
audio recording, or Braille) are available to persons with disabilities
by contacting the Consumer and Governmental Affairs Bureau at (202)
418-0530 or (202) 418-7365 (TTY).

For further information, contact Steven Broeckaert of the Media Bureau,
(202) 418-1075. Press inquiries should be directed to Rebecca Fisher of
the Media Bureau, (202) 418-2359. TTY: (202) 418-7172 or (888) 835-5322.

-FCC-

[^1]: 47 C.F.R. §§ 76.7 & 76.65.

[^2]: *See* 47 U.S.C. § 534(b)(9); 47 C.F.R. § 76.1601, note; *Time
    Warner Cable*, 15 FCC Rcd 7882 (CSB 2000).

[^3]: *See* 47 C.F.R. §§ 1.1206 & 1.1208.

[^4]: 47 C.F.R. § 1.1208.

[^5]: 47 C.F.R. § 1.1200(a).

[^6]: 47 C.F.R. § 1.1206. Declaratory ruling proceedings, like that
    filed by Sinclair, are treated as "permit-but-disclose" proceedings
    pursuant to Section 1.1206. *Id.* § 1.1206(a)(3).

[^7]: 47 C.F.R. § 1.1206(b)(1) & (2).