Thursday, October 14, 2004

NBC Telemundo Phoenix, Inc. (NBC) and Community Television Educators, Inc. (CTE)

DA 04-3257
Released: October 14, 2004
1800E3-JLB


NBC Telemundo Phoenix, Inc.
c/o Margaret L. Tobey, Esq.
Morrison & Foerster LLP
2000 Pennsylvania Avenue, N.W.
Suite 5500
Washington, D.C. 20006-1888

Community Television Educators, Inc.
c/o Richard E. Wiley, Esq.
Wiley Rein & Fielding LLP
1776 K Street, N.W.
Washington, D.C. 20006

Re: MM Docket No. 04-312
RM No. 11049

Dear Licensees:

On August 6, 2004, the Video Division adopted a Memorandum Opinion and Order and Notice of Proposed Rulemaking in response to a Joint Petition to Amend the Table of Allotments, filed by NBC Telemundo Phoenix, Inc. (NBC) and Community Television Educators, Inc. (CTE). By letter dated September 8, 2004, the Chief of the Video Division denied their Joint Motion to Change Ex Parte Status from “restricted” to “permit-but-disclose.”

NBC and CTE filed a timely request seeking review of the Division’s September 8th letter decision. In their request for review, they raise, for the first time, certain public interest benefits which may result from a change of ex parte status in this proceeding. We have considered the parties’ submission as a supplement to its earlier motion, and will change the ex parte status of this proceeding from “restricted” to “permit-but-disclose” for reasons set forth in the supplement, and in recognition of the heightened interest which has been expressed in connection with this proceeding.

In view of the foregoing, the Joint Motion to Change Ex Parte Status filed by NBC Telemundo Phoenix, Inc. and Community Television Educators, Inc. in connection with the above-referenced rule making proceeding IS HEREBY REINSTATED AND GRANTED.

Sincerely,



Barbara A. Kreisman
Chief, Video Division
Media Bureau
cc: L. William LeBeau, Esq.
Robert L. Olender, Esq.
Brendan Holland, Esq.
Drinker Biddle & Reath LLP

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