Re: Ex Parte Communication in MB Docket Nos , , 10-71
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1 March 19, 2014 Marlene H. Dortch Secretary Federal Communications Commission th Street, S.W. Washington, D.C Re: Ex Parte Communication in MB Docket Nos , , Dear Ms. Dortch: On Tuesday, March 18, 2014, Senator Gordon H. Smith of the National Association of Broadcasters and the undersigned met in separate meetings with Commissioner Pai and his Chief of Staff, Matthew Berry and Commissioner O Rielly and his Senior Legal Advisor, Courtney Reinhard to discuss broadcaster concerns with reported proposals to treat any television joint sales agreements (JSAs) for more than 15% of inventory as an ownership interest. Senator Smith thanked the Commissioners for their public statements of concern about the impact of the proposed change. He explained, as documented in prior NAB filings and described in the attached chart (previously filed Feb. 18, 2014) that JSAs and sharing arrangements allow local broadcasters to better serve their communities. Substantial evidence before the Commission shows that these arrangements serve the FCC s interest in promoting localism and diversity. NAB also commented that broadcaster JSAs in many instances are needed so that stations can remain competitive against others in local advertising markets, including pay TV providers who jointly sell local ads. Finally, I shared the attached blog post which had responded to blogs by senior FCC officials. Advocacy Education Innovation N Street NW Washington DC Phone
2 Marlene H. Dortch, Esq. March 19, 2014 NAB is very concerned that the Commission is taking actions to prevent and terminate sharing arrangements among broadcasters without properly considering its duty to look holistically at its ownership rules. We expressed specific opposition to new processing guidelines adopted without a Commission level decision. Respectfully submitted, Jane Mago Executive Vice President & General Counsel National Association of Broadcasters cc: Commissioner Pai Commissioner O Rielly Matthew Berry Courtney Reinhard Attachments 2
3 Market Stations Example Augusta, GA Springfield, MO Burlington, VT/ /Plattsburgh, NY Baton Rouge, LA Providence, RI El Paso, TX Youngstown, OH Dayton, OH WJBF WAGT KSPR KYTV WFFF WVNY WGMB WVLA WPRI WNAC KTSM KDBC WYTV WKBN WBDT WDTN JSA/SSA between these two stations allowed an additional 10 hours of local news and four hours of locally originated non news programming, including high school footballl and a cooking show. i A JSA/SSA enabled KSPR to upgrade its low power digital antenna to a state of the art studio with maximized DTV transmission facilities. Prior to the sharing arrangement, most of the station s news programming received no measurable ratings. The arrangement enabled KSPR to produce unique local news programming in HD using its own separate news director and staff. ii JSA/SSA resulted in WFFF TV launching its first ever news operation, and WVNY(TV) re establishing a closed news operation. The launch of news on these stations created 28 new local jobs. iii JSA/SSA resulted in both stations airing news for the first time, as well as a new local high school sports show. iv WPRI launched a daily local community affairs show Dann Yorke State of Mind due in part to a sharing arrangement between these stations. v JSA/SSAA preserved KDBC TV s local news operation and permitted the upgrade of its technical facilities, enabling it to offer news and other non network content in HD. vi WYTV was considering cancelling all local news or going dark. A JSA/SSA with WKBN enabled the station to remain on air, offering 3.5 hours of local news per weekday. WYTV also recently added live high school and Youngstown State University basketball games. vii Using monies saved through a JSA, LIN Television launchedd the very successful CW Star contest, providing local non professionals with an opportunity to enter the television businesss and be WBDT s spokesperson for one year. The CW Star initiative includes substantial promotion, training, and production, and would not have been possible on WBDT without LIN s involvement. WBDT also added Bounce, the African American oriented network, on a multicast channel. viii 1
4 Market Eureka, CA Rochester, MN West Palm Beach, FL Wichita, KS Montgomery Selma, AL Joplin, MO/ Pittsburg, KS Sioux City, IA Stations KBVU KRCR KTTC KXLT WPTV WFLX KDCU KWCH WAKA WNCF KSNF KODE KPTH KMEG Example Commission approved JSA/SSA between Bonten Media Group, Inc. and Esteem Broadcasting has brought new local newscasts to both stations. Prior to the sharingg arrangement, neither station could afford to provide news and only one other station in the entire market provided local news. The JSA/SSA also allowed the stationss to upgrade their facilities and offer programmingg in HD for the first time. ix JSA/SSA allows KXLT TV to air a late evening newscast six nights per week. Sometimes the local news stories air exclusively on only one station, sometimes on both stations. Without this arrangement, KXLT TV could not afford to provide local news. x WFLX, which did not have a local news operation or air anyy local news, now airs 3.5 hours of local news per day, all in time periods when no other station in the markett provides local news, due to an SSA with WPTV. These newscasts are not replays of newscasts on the other station, but include unique content geared towards that station s audience. xi A JSA/SSAA between stations owned by Schurz Communications, Inc. and Entravision Holdings, LLC resulted in the launch of Spanish language news on a station in Derby, KS, making it the first and only Spanish language local television news operation in the state. xii Bahakel Communications, licensee of WAKA(TV), enteredd into a JSA with the licensee of WNCF, an ABC affiliate, in Bahakel invested $6 million to upgrade WNCF s facilities, which were in serious disrepair. The upgrades significantly improved WNCF s over the airr reach, providing many more residents of the Montgomery Selma market, where over the air TV reliance exceeds the national average, with ABC xiii programming. In 2013, WNCF began offering 17 hours of local news per week. This JSA enabled KSNF to add a 4:00 p..m. news and lifestyle show, an hour long 6:00 p.m. weekday newscast, and a 6:00 p.m. newscast on Saturdays. The JSA also enabled renovation of the stations studios to initiate HD newscastss and to upgrade their Doppler radar system, which helped save lives during the May 2011 tornado inn Joplin. xiv SSA has allowed these stations to streamline sales, engineering, promotions, master control, and other back office functions. As a result, KPTH is able to deliver the market s only 9:00 PM newscast, and KMEG is able to broadcast three local news programs. Such programming would not be economically feasible for either KPTH or KMEG absent their sharing arrangements. xv 2
5 Market Fort Wayne, IN Peoria, IL Stations WISE WPTA WEEK WHOI Example JSA/SSA involving WISE TV and WPTA(TV) has enabled these stations to invest in bringing new programming to local residents that previously was only available to certain cable and satellite subscribers, including the CW network and MyNetwork programming. The stations also aired more hours of local news per week than before enteringg into their sharing agreements. xvi Prior to entering an SSA/JSA with WEEK TV, and was considering major cutbacks in staffing and news. Instead, the station the licensee of WHOI TV projected that the station would continue operating at a loss expanded its news stafff and both stations were able to cover more stories and provide more in depth coverage of local political races than ever before. xvii i Letter to Marlene H. Dortch, FCC Secretary, from M. Anne Swanson of Dow Lohnes in MB Docket No (Jan. 8, 2013) at 2-3. ii Letter to Marlene H. Dortch, FCC Secretary, from Jack N. Goodman of the Law Offices of Jack N. Goodman, Counsel to Schurz Communications, Inc. in MB Docket No (Dec. 19, 2012) at 2. iii See Reply Comments of the Coalition to Preserve Local TV Broadcasting to Notice of Inquiry in MB Docket No (filed Jul. 26, 2010) at iv Id. at 13. v Letter to Marlene H. Dortch, FCC Secretary, from Joshua N. Pila of LIN in MB Docket No (Jan. 15, 2014). vi See Reply Comments of the Coalition to Preserve Local TV Broadcasting to Notice of Inquiry in MB Docket No (filed Jul. 26, 2010) at 14. vii Id. at 14-15; see also Letter to Marlene H. Dortch, FCC Secretary, from Joshua N. Pila of LIN in MB Docket No (Jan. 15, 2014). viii Ex Parte of LIN Media in MB Docket No (Jan. 16, 2013) at 1-2. ix Ex Parte of Bontenn Media Group, Inc., in MB Docket Nos and (Jan. 22, 2013). x Letter to Marlene H. Dortch, FCC Secretary, from Jennifer A. Johnsonn of Covington & Burling LLP in MBB Docket No (Jan. 28, 2013) at 3 and Attachment. xi Letter to Marlene H. Dortch, FCC Secretary, from Jennifer Johnson of Covington & Burling LLP in MB Docket No (Jan. 28, 2013) at 3-4. xii Entravision Holdings, LLC Comments in MB Docket No (filed Mar. 5, 2012) at 13. xiii Ex Parte of Bahakel Communications Ltd. in MB Docket Nos and (Jan. 16, 2013) at 1-3. xiv Letter to Marlene H. Dortch, FCC Secretary, from Eve Reed of Wiley Rein LLP (Jan. 16, 2013) Attachment at 3. See also id. at 4-5 (describing similar benefits from JSAs in other markets, including Monroe, LA). xv Letter to Marlene H. Dortch, FCC Secretary, from David Pulido of TTBG, LLC, licensee of Station KPTH in MB Docket No (Jan. 4, 2013). xvi See Reply Comments of the Coalition to Preserve Local TV Broadcasting to Notice of Inquiry in MB Docket No (filed Jul. 26, 2010) at 15. xvii Id. at 16. 3
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This filing, scheduled to become effective November 10, 2009, consists of the tariff pages as indicated on the following check sheets
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