DA 01-1264

Released: May 22, 2001

**COMMENT SOUGHT ON "PETITION FOR INQUIRY INTO NETWORK PRACTICES" FILED
BY NETWORK AFFILIATED STATIONS ALLIANCE**

**"PERMIT BUT DISCLOSE" EX PARTE STATUS ACCORDED**

**Comment Date: July 23, 2001**

**Reply Comment Date: August 22, 2001**

On March 8, 2001, Network Affiliated Stations Alliance (NASA) filed a
Petition for Inquiry into Network Practices (Petition). NASA's Petition
asked the FCC to institute an inquiry as to whether certain alleged
practices of the top four television networks with respect to their
affiliates are consistent with the Commission's network rules, 47 C.F.R.
§ 73.658; the Communications Act; and the public interest. In addition,
NASA asked that the Commission examine, in the inquiry, what additional
steps it should take to "limit or prevent other improper network conduct
not deemed to violate existing rules." In a letter, dated May 2, 2001,
submitted to the Commission, counsel for NASA urged that the Commission
treat its Petition as a petition for declaratory relief.[^1] In response
to this letter, the four major networks raised procedural concerns about
the NASA Petition and denied that they had violated the Commission's
rules.[^2] As indicated in the Petition and subsequent letters from NASA
and the top four networks, the parties disagree as to whether the
Commission should take action with respect to the Petition, and, if so,
as to the procedural context of any such Commission response. No
decision has been reached as to this issue and none is expressed or
implied by our action here.

By this Public Notice, comment is sought on the Petition and the
responses to the Petition. Interested parties may submit comments on or
before July 23, 2001, and reply comments on or before August 22, 2001.
Comments and replies should specifically reference this Public Notice
(DA 01-1264**)**. Commenters must file an original and four copies of
all comments and reply comments with the Commission's Secretary:

Magalie Roman Salas

Office of the Secretary

Federal Communications Commission

445 12^th^ St., SW

Room TW-A325

> Washington, D.C. 20554

**Ex parte status**: In order to permit a full exchange of views on the
multiple issues raised in the Petition, and given NASA's clarification
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 permit-but-disclose under the ex parte
rules. Accordingly, by this Public Notice, and pursuant to Section
1.1200(a) of the Commission\'s rules, 47 C.F.R. §1.1200(a), we announce
that this proceeding 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 C.F.R. §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 C.F.R.
§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 C.F.R.
§1.1206(b)(2). All ex parte filings must be clearly labeled as such and
must reference this Public Notice, DA 01-1264, as well as any other
applicable docket or file numbers.

An original and one copy of all memoranda must be filed with the
Commission\'s Secretary, Magalie Roman Salas, 445 Twelfth Street, S.W.,
TW A-325, Washington, D.C. 20554, in accordance with Section
1.1206(b)(1) of the Commission\'s Rules, 47 C.F.R. §1.1206(b)(1). In
addition, one copy of each ex parte memorandum should be delivered to
each of the following locations: (1) the Commission\'s duplicating
contractor, International Transcription Services, Inc. (\"ITS\"), 445
Twelfth Street, S.W., Room CY-B402, Washington, D.C. 20554; and (2)
Mania K. Baghdadi, Policy and Rules Division, Mass Media Bureau, 445
Twelfth Street, S.W., Room 2-C267, Washington, D.C. 20554. Copies of the
Petition and any subsequently filed documents in this matter may be
obtained from ITS. The Petition and all subsequently filed documents are
also available for public inspection and copying during normal business
hours in the Commission\'s Reference Information Center located at Room
CY-A257, 445 Twelfth Street, S.W., Washington, D.C. 20554.

Copies of the filing are available for purchase from:

> International Transcription Service, Inc. (ITS)
>
> Room CY-B402
>
> 445 12th Street, SW
>
> Washington, DC 20554
>
> www.itsdocs.com
>
> \(202\) 314-3070
>
> \(202\) 314-3076 (fax)
>
> \(202\) 484-8831 (TTY)

For further information, contact Mania K. Baghdadi, Policy and Rules
Division, Mass Media Bureau, at 418-2120.

[^1]: Letter to Michael Powell, Chairman, from Wade H. Hargrove and
    Jonathan D. Blake, Counsel for the Network Affiliated Stations
    Alliance, May 2, 2001.

[^2]: Letter to Michael K. Powell, Chairman, from Maureen O'Connell, Fox
    Broadcasting Company; Anne Lucey, Viacom, Inc.; Diane Zipursky,
    National Broadcasting Company, Inc.; and Susan Fox, The Walt Disney
    Company, May 14, 2001. The foregoing networks have also submitted
    letters with respect to the ex parte status of the NASA Petition.