WPC 2BJ Courier3|a+ Times New Roman Bold P6G;PTimes New RomanHPLAS5SI.PRSx  @\&X@266KF ZK3|a* "i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNI\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>\>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\nBnnBmgg>Q\7"yyyy\njc\gnn\2 hvYpk?  S'   I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#C\  P6QɒP#X01Í ÍX01Í Í#&a\  P6G;u&P##&J\  P6Qu&P#a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  2 k G v tb a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# 2  E  a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# 2  >a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# 28a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . 2jFa6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   2f3a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)Documentg2 QeU: PleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:=?>~*@?iAheader<Ax 4 <D  #FxX  Pg9CXP# reference=;#FxX  Pg9CXP#itemizeX1>&V 8F ` hp xr#FxX  Pg9CXP#header2?I ` hp x`    #FxX  Pg9CXP# 2G@^CCAODB ECFheading 3@F` hp x #FxX  Pg9CXP# footer!A!!#d\  PCP#CitatorFormat Secretary's Citator Output FileBW r5-#d6X@`7Ͽ@# XX  X B r5-S  BFormat DownloadFormat Downloaded DocumentCiޛ r5- XX    \ #d6X@`7Ͽ@#2JDrGEbHFrHGfIa2AgendaDa1AgendaAgenda ItemsE7D yP ) I. a3AgendaFHeadingChapter HeadingGJ d  ) I. ׃  2LHLJIJJdKKKRight ParRight-Aligned Paragraph NumbersH>a݅@  I.   X(# SubheadingSubheadingI0\ E A.  HIGHLIGHT 1Italics and BoldldeddJ+. DRAFT ONHeader A Text = DRAFT and DateK X =8` (#FDRAFTă r  ` (#=D3 1, 43 12pt (Z)(PC-8))T2Dă  ӟ2VQL+MM1MN1NO1%PDRAFT OFFTurn Draft Style offL@@    LETTER LANDLetter Landscape - 11 x 8.5M 3'3'Standard'3'3StandardLetter Portrait - 8.5 x 11 ;   LEGAL LANDLegal Landscape - 14 x 8.5Nf 3'3'Standard'A'AStandardZ K e6VE L"nu;   LETTER PORTLetter Portrait - 8.5 x 11OL 3'3'Standard3'3'StandardZ K e6VE L"nU9   2 TP1QQnRR'SSdSLEGAL PORTLegal Portrait - 8.5 x 14P 3'3'StandardA'A'StandardLetter Portrait - 8.5 x 119   TITLETitle of a DocumentQK\ * ăBLOCK QUOTESmall, single-spaced, indentedRN X HIGHLIGHT 2Large and Bold LargeSB*d. 29YTj>TUTVEVW- XHIGHLIGHT 3Large, Italicized and UnderscoredT V -qLETTERHEADLetterhead - date/marginsUu H XX  3'3'LetterheadZ K e VE L"n3'3'LetterheadZ K e VE L"nE9    * 3'3'LetterheadZ K e VE L"n3' II"n"Tv3'StandarddZ K e VE L"nU9 Ѓ   INVOICE FEETFee Amount for Math InvoiceV ,, $0$0  MEMORANDUMMemo Page FormatWD.   ! M E M O R A N D U M ă r  y<N dddy   2]X8kYY8ZZ[[X|]INVOICE EXPSEExpense Subtotals for Math InvoiceX:A ,p, $0$00INVOICE TOTTotals Invoice for Math MacroYz 4p, $0$00INVOICE HEADRHeading Portion of Math InvoiceZ+C`*   4X 99L$0 **(  ӧ XX NORMALReturn to Normal Typestyle[2r_\[^][a^^[^_[_SMALLSmall Typestyle\FINEFine Typestyle]LARGELarge Typestyle^EXTRA LARGEExtra Large Typestyle_2zb`[_a_bXacaVERY LARGEVery Large Typestyle`ENVELOPEStandard Business Envelope with Headera+w ,,EnvelopeZ K e VE L"n,,EnvelopeLarge, Italicized and Under;    ,, 88+  `   1bdfStyle 14Swiss 8 Pt Without Marginsc$$D Co> PfQ  )a [ PfQO 23jdbeLcfl+hgiStyle 12Dutch Italics 11.5d$$F )^ `> XifQ  )a [ PfQO Style 11Initial Codes for Advanced IIeJ )a [ PfQK  dddn  #  [ X` hp x (#%'b, oT9 ! )^ `> XifQ ` Advanced Legal WordPerfect II Learning Guide   x )^ `> XifQ Advanced Legal WordPerfect II Learning Guide   j-n )^ `> XifQ    Copyright  Portola Systems, Inc. 1987, 1988`6 >Page  jBX )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 Style 3oDutch Roman 11.5 with Margins/Tabsf )a [ PfQO  ddn  # c0*b, oT9 !Style 4 PSwiss 8 Point with MarginsgDq Co> PfQ  dddd  #  2lheji|jjmkk lStyle 1.5Dutch Roman 11.5 Fonth4h )a [ PfQO  dddn Style 2Dutch Italic 11.5i$ )^ `> XifQ Style 5Dutch Bold 18 Pointj$RH$L T~> pfQ_  )a [ PfQO Style 7Swiss 11.5k$$V )ao> PfQ ]  )a [ PfQO 2|llmmnrowStyle 6Dutch Roman 14 Pointl$$N w [ PfQ   )a [ PfQO Style 10oInitial Codes for Advancedm U )a [ PfQK  dddn  ##  [[ b, oT9 !b, oT9 !n )^ `> XifQ ` Advanced Legal WordPerfect Learning Guide   f )^ `> XifQ Advanced Legal WordPerfect Learning Guide   Q" )^ `> XifQ    Copyright  Portola Systems, Inc. 1987, 1988`6 >Page  QN~ )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 Style 8PfInitial Codes for Beginninggni )a [ PfQK  dddn  # X` hp x (#%'b, oT9  [ &e )^ `> XifQ ` Beginning Legal WordPerfect Learning Guide   d )^ `> XifQ Beginning Legal WordPerfect Learning Guide   jH )^ `> XifQ    Copyright  Portola Systems, Inc. 1987, 1988`6 >Page  j )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 Style 9Initial Codes for Intermediateo )a [ PfQK  dddn  # X` hp x (#%'b, oT9 Њ [ e )^ `> XifQ ` Intermediate Legal WordPerfect Learning Guide   3 )^ `> XifQ Intermediate Legal WordPerfect Learning Guide   jf )^ `> XifQ    Copyright  Portola Systems, Inc.`+ >Page  jX )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 2 p|qpځrqJseUpdateInitial Codes for Update Modulep )a [ PfQK  dddn  #  [ X` hp x (#%'b, oT9 !n )^ `> XifQ ` Legal WordPerfect 5.0 Update Class Learning Guide   f )^ `> XifQ Legal WordPerfect 5.0 Update Class Learning Guide   Q" )^ `> XifQ    Copyright  Portola Systems, Inc. 1987, 1988`7 CPage  jN~ )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 2*- 'GV@6FDocument Style=(%8'GBV*%- 'G.Eq56` ` ` 3*- 'GW@6FDocument Style=(%8'GBW*%- 'G.Er7 8 . 4*- 'GX@6FDocument Style=(%8'GBX*%- 'G.Es 9: 2LteRuvpJw5*- 'GY@6FDocument Style=(%8'GBY*%- 'G.Et ;< 6*- 'GZ@6FDocument Style=(%8'GBZ*%- 'G.Eu*=>   7*- 'G[@6FDocument Style=(%8'GB[*%- 'G.Ev?@` ` ` 8*- 'G\@6FRight-Aligned Paragraph Numbers*%- 'G.Ew8AB@   2x~yz{R9*- 'G]@6FRight-Aligned Paragraph Numbers*%- 'G.ExACD@` `  ` ` ` 10- 'G^@6FDocument Style=(%8'GB^*%- 'G.Ey0E F    11- 'G_@6FRight-Aligned Paragraph Numbers*%- 'G.EzJGH` ` @  ` `  12- 'G`@6FRight-Aligned Paragraph Numbers*%- 'G.E{SIJ` `  @  2?|1}~n13- 'Ga@6FRight-Aligned Paragraph Numbers*%- 'G.E|\KL` `  @hh# hhh 14- 'Gb@6FRight-Aligned Paragraph Numbers*%- 'G.E}eMN` `  hh#@( hh# 15- 'Gc@6FRight-Aligned Paragraph Numbers*%- 'G.E~nOP` `  hh#(@- ( 16- 'Gd@6FRight-Aligned Paragraph Numbers*%- 'G.EwQR` `  hh#(-@pp2 -ppp 2эq+517- 'Ge@6FDocument Style=(%8'GBe*%- 'G.EFST *  ׃  18- 'Gf@6FTechnical Document Style'GBf*%- 'G.E&UV  . 19- 'Gg@6FTechnical Document Style'GBg*%- 'G.E&WX  . 20- 'Gh@6FTechnical Document Style'GBh*%- 'G.E*YZ    2a,܏21- 'Gi@6FTechnical Document Style'GBi*%- 'G.E'[\   22- 'Gj@6FTechnical Document Style'GBj*%- 'G.E&]^   23- 'Gk@6FTechnical Document Style'GBk*%- 'G.E4_$`     24- 'Gl@6FTechnical Document Style'GBl*%- 'G.E&ab  . 2ő25- 'Gm@6FTechnical Document Style'GBm*%- 'G.E&cd  . Format Downl@6FFormat Downloaded DocumentGBr*%- 'G.EUgh XX    X\ #d6X@7@#Word222Null@6FWord222Null% =(%8'GB*%- 'G.E1{1|#/x PX##/x PX#HEADING 7@6F* 9% =(%8'GB*%- 'G.E0p Zwp x (#DDDDDD#&a\  PG;&P# 4 hp x (##&a\  PG;&P# 2@ϗ^HEADING 6@6FF 9% =(%8'GB*%- 'G.E0p Zwp x (#DDDDDD#&a\  PG;&P# 4 hp x (##&a\  PG;&P# HEADING 5@6FT 9% =(%8'GB*%- 'G.E0p Zwp x (#DDDDDD#&a\  PG;&P# 4 hp x (##&a\  PG;&P# HEADING 4@6Fb 9% =(%8'GB*%- 'G.E0 Zwp x (#rr#&a\  PG;&P# 4 hp x (##&a\  PG;&P# NORMAL INDEN@6Fp 9% =(%8'GB*%- 'G.E'4 <DL!T$#&a\  PG;&P##&a\  PG;&P#2w0enumlev1G@6F~ 9% =(%8'GB*%- 'G.E$p  N hp x (#aa#&a\  P G;&P#4` hp x (##&a\  P!G;&P#footnote ref@6Ffootnote reference%8'GB*%- 'G.Ez#V\  P"UP#Default Para@6FDefault Paragraph Font8'GB*%- 'G.EPPpage number@6Fpage number% =(%8'GB*%- 'G.EZ2HޣLF26- 'G@6Ffootnote text =(%8'GB*%- 'G.Ef\??USlist- 'G@6Flist 9% =(%8'GB*%- 'G.Ef??endnote refe@6Fendnote reference%8'GB*%- 'G.Ezz#Xj\  P#G;XP##c P$7P#line number@6Fline number% =(%8'GB*%- 'G.Eww#Xj\  P%G;XP##c P&7P#2z ƩlHighlight@6FMiddle Article Highlight'GB*%- 'G.E''#G }'Y##\9> (P(YP#HeadlineG@6FHeadline for newsletter8'GB*%- 'G.E''#> })Y##\9> (P*YP#2nd line Hea@6F2nd line headline%8'GB*%- 'G.E''#b> }+Y##\9> (P,YP#Graphics hea@6FHeadlines for graphics8'GB*%- 'G.E** #o> P}-YP##\9> (P.YP# 2JPGraphics bod@6Fchart data % =(%8'GB*%- 'G.E** #Alo> P}/YXP##\9> (P0YP# Article head@6FHeadline for new article'GB*%- 'G.E*'#r"z1C# #\9> (P2YP# endnote text@6Fendnote text% =(%8'GB*%- 'G.Ew#X}xP37XP##I2P4QP#toc 1 'G@6Ftoc 19% =(%8'GB*%- 'G.E.$(#`` hp x (#2vΰx"̸toc 2 'G@6Ftoc 29% =(%8'GB*%- 'G.E.$` (#`` hp x (#toc 3 'G@6Ftoc 39% =(%8'GB*%- 'G.E.$` (#` hp x (#toc 4 'G@6Ftoc 49% =(%8'GB*%- 'G.E.$ (#` hp x (#toc 5 'G@6Ftoc 59% =(%8'GB*%- 'G.E.$h(#` hp x (#2RTtoc 6 'G@6Ftoc 69% =(%8'GB*%- 'G.E.$(# ` hp x (#toc 7 'G@6Ftoc 79% =(%8'GB*%- 'G.EZPtoc 8 'G@6Ftoc 89% =(%8'GB*%- 'G.E.$(# ` hp x (#toc 9 'G@6Ftoc 99% =(%8'GB*%- 'G.E.$(#`` hp x (#2(.Pindex 1'G@6Findex 19% =(%8'GB*%- 'G.E.$` (#` hp x (#index 2'G@6Findex 29% =(%8'GB*%- 'G.E.$` (#`` hp x (#toa heading@6Ftoa heading% =(%8'GB*%- 'G.E.$(#` hp x (#caption'G@6Fcaption9% =(%8'GB*%- 'G.Ew#X}xP57XP##I2P6QP#2FZ8_Equation Ca@6F_Equation Caption%8'GB*%- 'G.Eww#X}xP77XP##I2P8QP#27- 'G@6FDefault Paragraph Font8'GB*%- 'G.E#X}xP97XP##&sxP:7&P#HEADING 9@6F 9% =(%8'GB*%- 'G.E'34 <DL!T$#c P;7P##c P<7P#HEADING 8@6F 9% =(%8'GB*%- 'G.E'34 <DL!T$#c P=7P##c P>7P#2pqeeb28- 'G@6FDocument Style=(%8'GB*%- 'G.E` ` ` 29- 'G@6FDocument Style=(%8'GB*%- 'G.E  . 30- 'G@6FDocument Style=(%8'GB*%- 'G.E  31- 'G@6FDocument Style=(%8'GB*%- 'G.E  2)p32- 'G@6FDocument Style=(%8'GB*%- 'G.E*   33- 'G@6FDocument Style=(%8'GB*%- 'G.E` ` ` 34- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.E8@   35- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.EA@` `  ` ` ` 2[A36- 'G@6FDocument Style=(%8'GB*%- 'G.E0    37- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.EJ` ` @  ` `  38- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.ES` `  @  39- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.E\` `  @hh# hhh 2;)40- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.Ee` `  hh#@( hh# 41- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.En` `  hh#(@- ( 42- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.Ew` `  hh#(-@pp2 -ppp 43- 'G@6FDocument Style=(%8'GB*%- 'G.EF *  ׃  2mw44- 'G@6FTechnical Document Style'GB*%- 'G.E&  . 45- 'G@6FTechnical Document Style'GB*%- 'G.E&  . 46- 'G@6FTechnical Document Style'GB*%- 'G.E*    47- 'G@6FTechnical Document Style'GB*%- 'G.E'   2(n48- 'G@6FTechnical Document Style'GB*%- 'G.E&   49- 'G@6FTechnical Document Style'GB*%- 'G.E4$     50- 'G@6FTechnical Document Style'GB*%- 'G.E&  . 51- 'G@6FTechnical Document Style'GB*%- 'G.E&  . 2ZF52- 'G@6F 9% =(%8'GB*%- 'G.E'4 <DL!T$#&a\  P?G;&P##&a\  P@G;&P#53- 'G@6Ffootnote reference%8'GB*%- 'G.ER#V\  PAUP#54- 'G@6FDefault Paragraph Font8'GB*%- 'G.E((55- 'G@6Ffootnote text =(%8'GB*%- 'G.E>4??US2EB>4d56- 'G@6Fendnote reference%8'GB*%- 'G.ERR#Xj\  PBG;XP##B\  PCUP#57- 'G@6F_Equation Caption%8'GB*%- 'G.EOO#XX2PDQXP##I2PEQP#58- 'G@6FFormat Downloaded DocumentGB*%- 'G.EUOP XX    #\ #d6X@7@#Bld/Und'G@6FBold and Underline Text8'GB*%- 'G.EQR  2-pwpqWe59- 'G@6FDocument Style=(%8'GB*%- 'G.EST` ` ` 60- 'G@6FDocument Style=(%8'GB*%- 'G.EUV` ` ` 61- 'G@6FDocument Style=(%8'GB*%- 'G.EW X . 62- 'G@6FDocument Style=(%8'GB*%- 'G.E YZ 2Ye_pW63- 'G@6FDocument Style=(%8'GB*%- 'G.E [\ 64- 'G@6FDocument Style=(%8'GB*%- 'G.E*]^   65- 'G@6FDocument Style=(%8'GB*%- 'G.E_`` ` ` 66- 'G@6FRight-Aligned Paragraph Numbers*%- 'G.E8ab@   2 &_67- 'G @6FRight-Aligned Paragraph Numbers*%- 'G.EAcd@` `  ` ` ` 68- 'G!@6FDocument Style=(%8'GB!*%- 'G.E0e f    69- 'G"@6FRight-Aligned Paragraph Numbers*%- 'G.EJgh` ` @  ` `  70- 'G#@6FRight-Aligned Paragraph Numbers*%- 'G.ESij` `  @  2L>{71- 'G$@6FRight-Aligned Paragraph Numbers*%- 'G.E\kl` `  @hh# hhh 72- 'G%@6FRight-Aligned Paragraph Numbers*%- 'G.Eemn` `  hh#@( hh# 73- 'G&@6FRight-Aligned Paragraph Numbers*%- 'G.Enop` `  hh#(@- ( 74- 'G'@62~8B75- 'G(@6FDocument Style=(%8'GB(*%- 'G.EFst D*  ׃  76- 'G)@6FTechnical Document Style'GB)*%- 'G.E&uv  . 77- 'G*@6FTechnical Document Style'GB**%- 'G.E&wx  . 78- 'G+@6FTechnical Document Style'GB+*%- 'G.E*yz    2n979- 'G,@6FTechnical Document Style'GB,*%- 'G.E'{|   80- 'G-@6FTechnical Document Style'GB-*%- 'G.E&}~   81- 'G.@6FTechnical Document Style'GB.*%- 'G.E4$     82- 'G/@6FTechnical Document Style'GB/*%- 'G.E&  . 2%U83- 'G0@6FTechnical Document Style'GB0*%- 'G.E&  . 84- 'G1@6F9% =(%8'GB1*%- 'G.E'4 <DL!T$#&a\  PG;&P##&a\  PG;&P#85- 'G2@6Ffootnote reference%8'GB2*%- 'G.E>#V\  PUP#86- 'G3@6FDefault Paragraph Font8'GB3*%- 'G.E2}K87- 'G4@6Ffootnote text =(%8'GB4*%- 'G.E* ??US88- 'G5@6Fendnote reference%8'GB5*%- 'G.E>>#Xj\  PG;XP##B\  PUP#89- 'G6@6F_Equation Caption%8'GB6*%- 'G.E;;#XX2PQXP##I2PQP#90- 'G7@6FFormat Downloaded DocumentGB7*%- 'G.EU XX    \\ #d6X@7@#2bg*#- 'G8@6FTriangle9% =(%8'GB8*%- 'G.Ea192.E+%*-Right-Aligned Paragraph Numbers !*% 'G*%8@   a292.E+%*-Right-Aligned Paragraph Numbers !*% 'G*%A@` `  ` ` ` a392.E+%*-Right-Aligned Paragraph Numbers !*% 'G*%J` ` @  ` `  2~Aa492.E+%*-Right-Aligned Paragraph Numbers !*% 'G*%S` `  @  a592.E+%*-Right-Aligned Paragraph Numbers !*% 'G*%\` `  @hh# hhh a692.E+%*-Right-Aligned Paragraph Numbers !*% 'G*%e` `  hh#@( hh# a792.E+%*-Right-Aligned Paragraph Numbers !*% 'G*%n` `  hh#(@- ( 2R a892.E+%*-Right-Aligned Paragraph Numbers !*% 'G*%w` `  hh#(-@pp2 -ppp a193.E+%*-Right-Aligned Paragraph Numbers%8'GB*%8@   a293.E+%*-Right-Aligned Paragraph Numbers%8'GB*%A@` `  ` ` ` a393.E+%*-Right-Aligned Paragraph Numbers%8'GB*%J` ` @  ` `  2  1  < a493.E+%*-Right-Aligned Paragraph Numbers%8'GB*%S` `  @  a593.E+%*-Right-Aligned Paragraph Numbers%8'GB*%\` `  @hh# hhh a693.E+%*-Right-Aligned Paragraph Numbers%8'GB*%e` `  hh#@( hh# Times New RomanTimes New Roman BoldTimes New Roman Italic2a=5,u&a\  P6G;&P2e=5,&e4  pG;&P:% ,J:\  P6G;JPgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\2cK#Kn_K"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\nBnnBsgg>\\7"yyyy\nlc\gnn\"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%7%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lBTn(nBB(AZZ>>n%07\n!"IIIITTenn7TnB@;7>lBBn7Times New RomanTimes New Roman BoldTimes New Roman ItalicLetter GothicLetter Gothic Italic"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""KZJ "i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNlBBn72KpZ"i~'^5>M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\nBnnBb\\>g\7"yyyy\njc\}nn\    "/ S(#&a\  P6G;u&P# Y Federal Communications Commission`g(#FCC 99110 ăX` hp x (#%'0*,.8135@8:the classification of a service as broadcasting," the Commission accordingly declared, "is that the . . .  Si( xprogramming is available to all members of the public, without special arrangements or equipment."E i = {O(ԍId. at 27.E The  xbCommission explicitly adopted a new approach for classifying services, and declared that it would  xhenceforth look "primarily to the mode of the licensee's operation to determine whether that operation  xjevinces an intent that the service be available to the public (and thus is broadcasting) or demonstrates the  S (licensee's intent to limit receipt and enjoyment to paying subscribers."E = {O(ԍId. at 32.E  S7 ( ` V 5.` ` The Commission stated that "subscription program services exhibit the most significant  S ( xindicia of the intent of the purveyor that the service not be received by the public"E 0 = {O(ԍId. at 42.E and specified three  xexamples of "an intent by the purveyor that the service not be received by the public." These are: (1)  x`that the licensee or programmer must supply the subscriber with special antenna and or signal convertors  xso that the signal can be received in the home, which indicates the licensee's intent to limit access to its  xsignal, (2) use of encrypted programming, which the Commission noted even if transmitted on a frequency  x that is receivable on conventional equipment, is not enjoyable without the aid of decoders, and (3) a  S(private contractual relationship between the licensee and its subscribing audience.: = {O4(ԍId.:  Sl( ` 6.` ` The same party that filed the Application for Review before us now appealed Subscription  S:( xjVideo to the D.C. Circuit of the U.S. Court of Appeals. The court, which had issued the earlier decision  S( xthat was the subject of the Subscription Video Notice of Proposed Rulemaking, upheld the Commission's  S(decision.KT = {O#(ԍNABB v. FCC, 849 F.2d 665, 669 (D.C. Cir. 1988). The Court held:  ` ,XX` ` [T]he Commission's conclusions . . . that 'subscription program services exhibit  ` the most significant indicia of intent of the purveyor that the service not be  ` received by the public,' pointing to the special equipment requirements . . .  ` \and the 'private contractual relationship' between the purveyor and the"'+(('"  ` zsubscribing audience certainly constitute a reasoned explanation. The  ` Commission's decision is neither arbitrary nor capricious and is within the authority given by Congress. x`  {O(Id. K "z+((PP@"Ԍ S( ` ԙ7.` ` Relying on Subscription Video, the International Bureau found that MCI was proposing  S( xto provide a subscription service, rather than a broadcast service.Nz= {O(ԍBureau Order at 21.N Regarding the applicability of Section 310(b) to the MCI application, the Bureau therefore concluded: X` ` (#  ` pXX` ` By its terms, Section 310(b) applies only to common carrier, broadcast,  ` paeronautical en route, or aeronautical fixed radio station licenses . . . . [B]ecause  ` pMCI proposes to offer a subscription DBS service, its DBS license will not fall  ` punder any of the 310(b) regulatory classifications. Consequently, none of the  S(provisions of Section 310(b) . . . applies to MCI's application.: < {OA(ԍId.: `  SE( ` 48.` ` The Bureau next concluded that Section 100.11 of the Commission's Rules, which  xjprescribes for DBS providers foreign ownership restrictions parallel to those contained in Section 310(b),  S ( xalso did not apply to MCI's application.E < {O3(ԍId. at 22.E The Bureau found that "Commission decisions implementing  xregulatory policies for DBS, including rule Section [100.11], demonstrate that the Commission did not  x@intend to impose regulatory requirements on DBS licensees unless specifically required by the  S} ( xCommunications Act."^} 0 < {OM(  ԍId. at 23; see Inquiry into the Development of Regulatory Policy in Regard to Direct Broadcast Satellites  {O( xfor the Period Following the 1983 Regional Administrative Radio Conference, 86 FCC 2d 719, 750 (1981) ("DBS  {O(NPRM"), 90 FCC 2d 676, 684 (1982) ("DBS Report and Order"). Accordingly, the Bureau reasoned, because it clearly follows from Subscription  SW ( xVideo that the alien ownership restrictions of Section 310(b) do not apply to subscription DBS, the  S1(identical restrictions of Section 100.11 are equally inapplicable.N1V < {O'(ԍBureau Order at 27.N  S( ` 9.` ` Alternatively, the Bureau held that if Section 100.11 were applicable to MCI's application  xa waiver would be warranted. The Bureau said that because there was ample evidence that the  xCommission did not intend the rule to apply to nonaeronautical service that is neither broadcasting nor  xLcommon carriage, a waiver under the circumstances of this case would not undermine the rule's purpose  SC(and would serve the public interest.&C< {O#(  4ԍId. at 28. See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972);  {O$(Northeast Cellular v. FCC, 897 F.2d 1164 (D.C. Cir. 1990); and 47 C.F.R.  1.3.&  S( III. Discussion  S( "D+((PP"Ԍ S( ` 10.` ` Under Section 1.115 of the Commission's rules,G< yOh(ԍ47 C.F.R..  1.115.G any person aggrieved by any action  xtaken pursuant to delegated authority may file an application for review of that action by the Commission,  S( x`specifying one or more enumerated factors as grounds for relief.VX< {O(ԍSee 47 C.F.R.  1.115(b)(2).V In this case, NABB contends that the  xBureau's decision should be reversed because it is in conflict with Sections 308(b) and 310(b) of the  x&Communications Act, Section 100.11 of the Commission's rules, case precedent, and established Commission licensing policy.  S(  S( ` Z11.` ` Section 310(b) of the Communications Act. NABB argues that the Bureau misinterpreted  S( xSubscription Video with respect to Section 310(b). According to NABB,LX< yOL (  *ԍThe arguments summarized in this paragraph are set forth in a letter to the International Bureau Chief from  xcounsel for Primestar Partners, L.P., which NABB submitted as an attachment to its Application for Review and incorporated by reference. L Subscription Video did not  xfexpressly address the applicability of Section 310(b), but rather focused on the applicability of certain  St( x*political advertising requirements for broadcasters.t < yO(  ԍSpecifically, NABB refers to the politicalaccess requirement of Section 312(a)(7) of the Communications Act and the equalopportunity requirement of Section 315. In addition, NABB asserts, Congress overruled  SL ( x Subscription Video to the extent that it held that "broadcastlike" obligations should not apply to the  x`provision of subscription DBS. According to NABB, Congress did this when it directed the Commission  S ( x to impose the same political advertising rules at issue in Subscription Video on DBS providers, by enacting  S ( xSection 335 of the ActD b < yO(ԍ47 U.S.C.  335.D in 1992. In short, NABB contends that, as an initial matter, Subscription Video  S ( xdid not purport to exempt providers of subscription video services from Section 310(b), and that by  S (enacting Section 335, Congress effectively nullified Subscription Video as it pertains to DBS.  S<( ` &12.` ` NABB is mistaken in suggesting that Subscription Video has no bearing on the  xlapplicability of Section 310(b)'s foreignownership restrictions to subscription DBS. Although the  S( xCommission did not specifically mention Section 310(b) in Subscription Video, it determined in that Order  xthat subscription video is not "broadcasting" as that term is used in the Communications Act. It clearly  xfollows from the determination that subscription video service is not broadcasting, as defined in the  xCommunications Act, that Section 310(b)'s restrictions on foreign ownership of broadcast licensees do not  SP(govern eligibility to provide subscription video service.MP < {O (  ԍRecognizing that Subscription Video had a bearing on the applicability of Section 310(b) to subscription  xfservices, a broadcast DBS provider argued in a petition for reconsideration that it would be at a competitive  xdisadvantage if it were subject to Section 310(b) while others providing subscription video services were not subject  {O<#( xto that provision. Subscription Video, supra, 4 FCC Rcd 4948 (1989). The Commission rejected the argument,  xreplying that differences between services may require imposition of different obligations and that choosing to operate  {O$(as a broadcaster would have certain regulatory consequences. Id. at  4 and 6.M  S( ` 13.` ` NABB is also mistaken in contending that the subsequent Congressional enactment of  S( x>Section 335 of the Communications Act nullified all regulatory consequences of Subscription Video. "p+((PP"  x.Section 335 directs the Commission to impose "public interest or other requirements for providing video  xprogramming" on DBS licensees, including an obligation to comply with the politicalaccess and equal x4opportunity requirements of Sections 312(a)(7) and 315, as well as an obligation to set aside channel  xcapacity for noncommercial educational or informational programming. It does not purport to eliminate  xXthe distinction between subscription and broadcast services. Nor does it explicitly address foreign  S8(ownership restrictions. Thus, we find this argument unpersuasive.8< yO(  RԍThe scope of DBS licensees' public interest obligations under Section 335 is not squarely presented in this proceeding and is subject to future interpretation by the Commission.  S( ` 14.` ` NABB further argues that Subscription Video pertains to regulation of operation but not  x4to licensing. NABB maintains that all providers of video service via radiowave transmission must be  S( xlicensed initially as broadcasters, and that in Subscription Video the Commission merely relieved those  x:providing subscription services from Title III requirements pertaining to broadcast operation after  SL ( xlicensing. Nothing in Subscription Video suggests, according to NABB, that licenses would be granted  xto applicants proposing to provide subscription services without regard to Title III provisions regarding  xeligibility to receive a license, such as Section 310(b). We disagree. Contrary to NABB's assertion,  S ( xSubscription Video cannot fairly be read to pertain merely to the regulatory status of existing licensees.  S ( xRather, the determination in Subscription Video that subscription video service is not broadcasting for  xpurposes of the Communications Act goes to the applicability of provisions concerning licensing as well as provisions concerning operation.  S( ` 15.` ` Section 100.11 of the Commission's Rules. NABB maintains that even if the foreign  xownership restrictions in Section 310(b) of the Act do not directly apply, MCI is disqualified under  xSection 100.11 of the Commission's DBS rules. NABB argues that the Bureau's interpretation of Section  x\100.11 as implicitly exempting subscription service is untenable because the rule literally applies to all  xDBS licensees. According to NABB, the Bureau's decision effectively repeals Section 100.11 without  SL(a rulemaking, in violation of the Administrative Procedure Act.VL < {O (ԍ5 U.S.C.  551 et seq. V  S( ` 16.` ` We do not find it necessary to decide here whether the Bureau's interpretation of Section  x100.11 is correct. Rather, we affirm the Bureau's alternative holding that even if Section 100.11 were applicable to MCI's proposal to provide subscription DBS service, there is justification for a waiver.  S\( ` ~17.` ` By the standard established in WAIT Radio, waiving a rule is warranted where doing so  S6( x.will serve the public interest and not undermine the purpose of the rule. 6< {O (ԍWAIT Radio v. FCC, 418 F.d 1153 (D.C. Cir. 1969), cert. denied 409 U.S. 1027. We conclude that a waiver of  S( xSection 100.11 in this case is warranted under WAIT Radio's waiver standard. As to the first prong ĩ  xtserving the public interest waiver of Section 100.11 will promote the public interest in several respects.  xFirst, by granting a waiver and affirming the Bureau's authorization of MCI as a DBS licensee, this  S( xVMemorandum Opinion and Order will enable EchoStar, as MCI's successorininterest, to implement its  Sr( xLproposal to acquire MCI's authorized 28 DBS channels at 110 W.L.!rD< {OV&(  RԍSee the companion Order and Authorization to this decision, EchoStar/MCI, FCC 99109 (released May 19, 1999), which grants consent for the assignment. As a result, EchoStar will be able"r!+((PPz"  xto make productive use of vacant DBS spectrum, thus facilitating deployment of new DBS services to the  xpublic. Furthermore, waiving Section 100.11 here will promote competition in the multichannel video  xprogram distribution market (MVPD) a clear public interest benefit and an important objective of this  S( x~Commission. In the companion EchoStar/MCI Transfer Order that we adopt today, which is just one of  Sb( xLa series of actions that this Commission has undertaken to promote competition in the MVPD market,"^b< {O(  ԍSee e.g., United States Satellite Broadcasting, Inc., DA 99633 (Intl. Bur. rel. April 1, 1999) (approving  {O( xttransfer of USSB's DBS authorizations to DirecTV). See, generally, Fifth Annual Assessment of the Status of  {O^(Competition in the Market for the Delivery of Video Programming, FCC 98335, 1998 W.L. 892964 (F.C.C.).  xwe find that the EchoStarMCI transaction "'could play a critical role in expanding consumers' choices  S( xin MVPD [i.e., multichannel video program delivery] services, leading to better service, quality, and lower  S( xprices for both DBS and cable [television].'"E#< {Oz (ԍId. at 21.E Finally, waiving Section 100.11 and affirming the Bureau's  xdecision will conserve administrative resources that would be required to relicense MCI's DBS channels  S(if MCI's authorization were deemed invalid.$< {O(  lԍ See Valley Telecasting Co., Inc. v. FCC , 336 F.2d 914, 917 (D.C. Cir. 1964) ("[S]ound regulation has  xprocedural as well as substantive elements, and ... 'the public interest, convenience, and necessity' comprehends both.  xPOrderliness, expedition, and finality in the adjudicating process are appropriate weights in the scale, as reflecting a public policy which has authentic claims of its own").   SL ( ` 18.` ` Waiving Section 100.11 here also will comport with the second prong of the WAIT Radio  xstandard not undermining the purpose that the rule was adopted to serve. The Commission adopted  xSection 100.11 as part of the original (and current) set of DBS rules codified in Part 100. In adopting  xrules for the experimental phase of DBS, the Commission chose to take a limited regulatory approach.  xpAs the Commission explained when it proposed rules for DBS in 1981, "our basic policy should be to  x$maintain an open and flexible approach that will allow the business judgments of individual applicants to  S^( xshape the character of the service offered."^%^2 < {O0(ԍDBS NPRM, n.21, supra, at 88.^ The Commission therefore said that it intended to impose  xon DBS services "only those regulatory requirements that are expressly mandated by the Communications  S( xjAct."Z&Z < {Or(  ԍId. at 89. Subsequently, Congress enacted Section 335 of the Act broadly directing the Commission "to  xximpose, on providers of direct broadcast satellite service, public interest or other requirements for providing video programming." 47 U.S.C.  335.Z In the ensuing 1982 DBS Report and Order in which it adopted the original DBS rules, including  xSection 100.11, the Commission reaffirmed the policy of initially allowing DBS applicants and licensees the maximum degree of regulatory freedom:  j  We remain convinced that it is in the public interest to impose a minimum of regulation  during this experimental phase of DBS operation. We believe that this interim approach  will best serve to encourage and facilitate the introduction of this new service .... By  ~imposing few regulatory restrictions we will allow operators the flexibility to experiment  .with service offerings to find those that the public needs and wants, and to experiment  with technical and organizational characteristics. Imposing mininal regulation will also  allow us to gather information about the operation of the industry, which will allow us"&+((PP>"  to make betterinformed decisions about permanent regulatory policies. [P]lacing  4constraints on the characteristics of the services prematurely and without sufficient  information may reduce the desirability of the service to the public and increase the DBS  operators' costs and risks. This, in turn, could reduce their ability to attract financing and  S`(might decrease the probability that DBS systems are initiated.p'` {O(ԍDBS Report and Order, n.21, supra, at 81.p  S( `   19.` ` In the DBS Order, the Commission said, "As we stated in the Notice [DBS NPRM], we  S( xwill of course impose any applicable statutory requirements" on DBS systems.J(Z< {O (ԍDBS Order, par. 85.J The Commission explained:  ` XX` ` [t]he appropriate statutory provisions will depend on the specific character of the service  ` each applicant proposes . . . . If the proposal falls within any of the conventional  S" ( ` 8regulatory classifications for radio services, i.e., broadcast, common carrier, or private  S (radio, we will impose the statutory requirements of that service.I) < {O(ԍDBS NPRM  at n.64.I(#`  x  More specifically, the Commission said that provision of directtohome program service "is probably a  xbroadcast service" and that "[i]f such services are provided on a subscription basis, they will still be  S\( xclassified as broadcast services unless and until the Commission determines otherwise."@*\~< {Oz(ԍId.@ As we have  S4( xnoted, the Commission did subsequently determine otherwise, in Subscription Video, but in 1982 it regarded subscription DBS as a type of broadcast service.   20. Thus, it can be inferred that the Commission adopted Section 100.11 for the experimental  xLphase of DBS on the assumption at that time that all DBS providers would either be common carriers or  xVbroadcasters and would therefore be subject to Section 310(b)'s foreignownership restrictions. There is  SF( xno indication in the DBS Report and Order that the Commission meant to impose those foreign ownership  S ( xlimits on DBS providers that are not subject to Section 310(b). We therefore conclude that waiving  S( xSection 100.11 insofar as it applies to MCI, which is not proposing to operate as a broadcaster or common carrier, would not undermine the purpose for which that rule was adopted.  S( ` n21.` ` We note that the Commision has an outstanding Notice of Proposed Rulemaking regarding  SZ( xthe Part 100 DBS rules in IB Docket No. 9821.+Z< {O "(ԍPolicies and Rules for the Direct Broadcast Satellite Service, 13 FCC Rcd 6907 (1998) (Part 100 NPRM). In the Part 100 NPRM, the Commission stated that  xSection 100.11 addresses foreign ownership limits relating to DBS and "tracks the Sections 310(a) and  x(b) of the Communications Act. . . . [w]e propose to move the existing Section 100.11" into Part 25,  xwhich "does not currently have specific rules limiting foreign ownership." The Commission stated that  xf"[u]nlike Part 100, Part 25 does not currently have specific rules limiting foreign ownership," but that  x"Part 25 licensees . . . nevertheless remain subject to the statutory limits established in Sections 310(a)  xand (b)," and that "[b]ecause the foreign investment limits in Section 310(b) apply to broadcast and  xcommon carrier licensees, Part 25 licensees that do not operate as broadcasters or common carriers, as is"D++((PP~"  xgenerally the case, are not subject to the foreign ownership restrictions contained in Section 310(b)." The  S( xPart 100 NPRM states that "In the event that the Commission affirms the Bureau's decision in the MCI  S( xOrder, we seek comment on whether the Commission should modify its DBS eligibility rules such that  xthe foreign ownership limitations currently located in Section 100.11 would apply to subscription DBS  Sd( xtproviders."D,d< {O(ԍId. at 6922.D Thus, the applicability of foreign ownership limits for subscription DBS services is an issue  S<( x8the Commission will resolve in its final decision in the Part 100 proceeding. We believe that rulemaking  S(proceeding is the appropriate forum to consider a change in our rules.-Z< {O (  ԍSee Community Television of Southern California v. Gottfried, 459 U.S. 498, 511 (1983); Capital  {O (Cities/ABC, Inc., 11 FCC Rcd 5841, 5888 (1996).  S( ` 22.` ` Character Qualifications. Noting the absence of explicit character findings in the Bureau's  xzdecision, NABB construes the decision as implying that applicants for licenses to provide subscription  Sx( xDBS are exempt not only from foreign ownership limits but also from character scrutiny.\.x< yO(ԍNABB Application for Review at pp. 2 and 5.\ If that view  xwere accepted, NABB warns, "wouldbe broadcasters" with serious character problems could apply for  x.authority to provide subscription service in order to secure licenses without having to show that they are  xqualified. They could then convert to broadcast operation, thus making a "mockery" of broadcast licensing  xpolicies. NABB argues that the omission of explicit findings concerning MCI's character is contrary to  xthe provision in Section 308(b) of the Communications Act concerning "citizenship, character and ... other  S (qualifications".G/ F< yOn(ԍ47 U.S.C.  308(b).G  S8( ` $23.` ` NABB's concern that affirming the Bureau's decision will open the door for wholesale  x$evasion of character requirements for broadcast licensees is unfounded. Proposing to offer subscription  xservice rather than broadcast service would not insulate applicants with character problems from character  xscrutiny. The Commission has recognized that prior misconduct can have a material bearing on  xqualifications for nonbroadcast, as well as broadcast licenses, and it has assessed the relevance of such  Sp( xmatters in nonbroadcast license cases consistently with the principles set forth in the Broadcast Character  SJ( xPolicy Statement.j0(J< {O(  ԍPolicy Regarding Character Qualifications in Broadcast Licensing, 102 FCC 2d 1179 (1986), on  {O( x6reconsideration, 1 FCC Rcd 421 (1986), appeal dismissed sub nom. National Association for Better Broadcasting  {OT( xv. FCC, No. 861179 (D.C. Cir. June 11, 1987). See also Policy Regarding Character Qualifications in Broadcast  {O (Licensing, 5 FCC Rcd 3252 (1990), on reconsideration, 6 FCC Rcd 3448 (1991), modified, 7 FCC Rcd 6564 (1992).j In a case involving the subscription DBS application of Tempo Satellite, Inc., for  xinstance, the Commission held that antitrust and tort convictions entered against the applicant's parent  xcorporation in a civil lawsuit raised prima facie questions regarding the applicant's character qualifications.  xThe Commission assessed the significance of the adjudicated misconduct pursuant to criteria in the  S( xBroadcast Character Policy Statement, rejecting an argument that those character policies were irrelevant  S(in evaluating the qualifications of a DBS applicant proposing to provide nonbroadcast service.,1 < {O%(  ԍTempo Satellite, Inc., 7 FCC Rcd 2728, 2729 3 and n.8 (1992). See, also, Mobilemedia Corp., 12 FCC  {O&(Rcd 14896 (1997), and Western Telecommunications, Inc., 3 FCC Rcd 6405, 6406 12 (1988)., "^ "1+((PP$"Ԍ S( `  24.` ` Nor would first proposing to offer subscription service afford a means of evading Section  x310(b)'s restrictions on foreign ownership of broadcast licensees. A party who secures a license to  S( xprovide subscription DBS would have to notify the Commission before switching to broadcast operation.o2< {O(ԍSee Subscription Video, supra, 2 FCC Rcd at 1006 43.o  xBA DBS licensee converting to broadcast operation would be subject to the foreignownership restrictions  x.in Section 310(b) since that provision, by its terms, governs eligibility to receive or hold an authorization  xfor broadcasting. Thus, Section 310(b) is no less an obstacle to obtaining a broadcast license via  x&modification of a subscriptionservice license than it is to obtaining a broadcast license in the first  S( xinstance. Although requests for consent to switch between provision of subscription service and broadcast  xservice have been treated as minor modifications, the fact remains that a former subscription licensee that  xreceives permission to provide broadcast DBS will have to comply with all pertinent broadcast regulations,  xunless specifically exempted. The Commission will take seriously any attempt by a licensee to use the  xjmodification process to circumvent our broadcast regulations and will take appropriate action in response to such conduct.  S ( ` 25.` ` It is true that the Bureau did not include an explicit finding as to MCI's character  xjqualifications. Contrary to NABB's assertion, however, Section 308(b) does not require express findings  xBto be made in every case as to an applicant's character qualifications before a license is granted. Rather,  xit requires license applicants to "set forth such facts as the Commission by regulation may prescribe as  S0( xXto the . . . character . . . and other qualifications of the applicant":30Z< {O*(ԍId.: The Commission customarily  xpresumes that license applicants are trustworthy in the absence of evidence to the contrary, and the  S( xtpresumption need not be explicitly stated in a license order when it has not been called into question. No  xRparty raised an issue concerning MCI's character before the Bureau, and NABB does not allege in its  xApplication for Review that any such issue exists. We therefore conclude that NABB has not shown that there was any need for character findings in this case.  S({ IV. Conclusion ă  S( ` V26.` ` In sum, we find that NABB has failed to demonstrate that the Bureau's decision below  xwas not appropriate under Section 1.115 of the Rules. Based on the literal terms of Section 310(b) of the  xCommunications Act and the appropriateness of a waiver of Section 100.11 of the Commission's rules,  xthe Bureau's decision was proper. We waive Section 100.11 of the Commission's rules and affirm the  S((Bureau Order.  S( V. Ordering Clauses ă     S( ` 27.` ` Accordingly, IT IS ORDERED that the Application for Review filed by the National Association for Better Broadcasting on January 6, 1997 IS DENIED.  S( ` ~28.` ` IT IS FURTHER ORDERED that we affirm the International Bureau's conclusion that a waiver of Section 100.11 of the Commission's rules is warranted. ` `  ,hhhFEDERAL COMMUNICATIONS COMMISSION "# 3+((PP!"Ԍ ` `  ,hhhMagalie Roman Salas ` `  ,hhhSecretary