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Separate Statement of Commissioner Kathleen Q. Abernathy and 
Commissioner Kevin J. Martin


In re: Deletion of Noncommercial Reservation of Channel *16, 482-488 MHz, Pittsburgh, 
Pennsylvania

We support today's decision to initiate a rulemaking proceeding to determine if dereservation of 
Channel *16 and application of the proceeds of the sale of WQEX(TV) to noncommercial 
educational operations of WQED Pittsburgh ("QED") on Channel 13 serves the public interest. 
We write separately, however, to emphasize the need for a quick and a clear resolution of this 
matter.  We firmly believe that the parties need answers that are both explicit and timely in order 
to perform in the marketplace.  The public also deserves the same level of service.

QED already has suffered greatly due to this agency's initial delay, prior misguided decisions and 
subsequent reversal.  QED first petitioned the Commission in 1996 to dereserve Channel *16, 
intending to sell the station and use the proceeds to fund its original noncommercial educational 
television station, Channel *13.  The Commission denied the request in part because QED had 
disclosed that it had negotiated a "back-up" plan: if QED's application were denied, QED would 
transfer Channel *16 as a noncommercial station to Cornerstone TeleVision, Inc. 
("Cornerstone"), a non-profit organization.   Accordingly, QED made a new filing, requesting to 
transfer control of Channel *16.  The Commission finally approved the transaction on December 
30, 1999-only to simultaneously undermine the deal with ill-conceived, stringent "guidelines" 
regarding religious programming on noncommercial educational television stations.   Although 
the FCC reversed course and vacated those guidelines within weeks, it was too late for QED.  
Faced with uncertainty and vacillation and a four-year delay, QED's potential purchaser backed 
out.  

QED now has returned to the Commission, petitioning for relief from essentially the same 
predicament in which it found itself five years ago.  While we deny QED's request to dereserve 
Channel *16 on the basis of the record already before us, we do initiate a rulemaking that will 
enable us to gather a full record and make an informed decision on the merits.  This petition 
presents difficult legal issues, but we believe that a rulemaking proceeding is the appropriate and 
most prudent course of action at this time. Noncommercial stations play a vital role in our 
communities and dereservation of such channels raise important public interest concerns.  We 
look forward to working with our colleagues to bring about a clear and prompt resolution of this 
matter.

  Deletion of Noncommercial Reservation of Channel *16, 482-488 MHz, Pittsburgh, Pennsylvania, 11 
FCC Rcd 11700 (1996).
  WQED Pittsburgh, 15 FCC Rcd 202 (1999), vacated in part, 15 FCC Rcd 2534 (2000).