[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Notices]
[Pages 32357-32358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14934]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 01-1264]


Network Practices

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Federal Communication Commission seeks comment on a 
Petition for Inquiry into Network Practices filed in behalf of Network 
Affiliated Stations Alliance.

DATES: Comments must be filed on or before July 23, 2001; reply 
comments must be filed on or before August 22, 2001.

ADDRESSES: Federal Communications Commission, 445 12th Street, S.W., 
Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Mania K. Baghdadi, Policy and Rules 
Division, Mass Media Bureau, at 418-2120.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Public Notice 
(``Notice''), DA 01-1264, released May 22, 2001. The Petition and all 
subsequently filed documents are 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 and may also be purchased from the Commission's 
copy contractor, International Transcription Service (``ITS''), 202-
857-3800, 445 12th Street, S.W., Room CY-B402, Washington, D.C.

Synopsis of Public Notice

    1. 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, CFR 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 (Letter to Michael Powell, Chairman, 
from Wade H. Hargrove and Jonathan D. Blake, Counsel for the Network 
Affiliated Stations Alliance, May 2, 2001). 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 
(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). 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.
    2. By this Notice, comment is sought on the Petition and the 
responses to the Petition. Interested parties may submit comments. 
Comments and replies should specifically reference this 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 
12th St., SW, Room TW-A325, Washington, D.C. 20554.
    3. 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 Notice, and pursuant to 
Sec. 1.1200(a) of the Commission's rules, we announce that this 
proceeding will be governed by permit-but-disclose ex parte procedures 
that are applicable to nonrestricted proceedings under Sec. 1.1206 of 
the Commission's rules.
    4. 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, no 
later than the next business day after the presentation. Section 
1.1206(b)(1). Persons making oral ex parte presentations must file a 
summary of the presentation, and deliver copies to the Commissioners or 
Commission employees involved with the presentation no later than the 
next business day after the presentation. Section 1.1206(b)(2). All ex 
parte filings must be clearly labeled as such and must reference this 
Notice, as well as

[[Page 32358]]

any other applicable docket or file numbers.
    5. An original and one copy of all memoranda must be filed with the 
Commission's Secretary, Magalie Roman Salas, in accordance with 
Sec. 1.1206(b)(1) of the Commission's Rules. In addition, one copy of 
each ex parte memorandum should be delivered to each of the following 
locations: (1) The Commission's duplicating contractor ITS, and (2) 
Mania K. Baghdadi, Policy and Rules Division, Mass Media Bureau, 445 
Twelfth Street, S.W., Room 2-C267, Washington, D.C. 20554.

Federal Communications Commission.
Roy J. Stewart,
Chief, Mass Media Bureau.
[FR Doc. 01-14934 Filed 6-13-01; 8:45 am]
BILLING CODE 6712-01-P