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                                                                   DA 06-1739

                                                            September 7, 2006


   Response  Due Date:  September 21, 2006

   Introduction.  By this Public Notice, the Commission announces a two-week
   filing period for parties wishing to submit comments concerning the four
   indecency decisions noted below that were remanded to the Commission by
   the United States Court of Appeals for the Second Circuit. The decisions
   were part of the Commission's order in Complaints Regarding Various
   Television Broadcasts Between February 2, 2002 and March 8, 2005, Notices
   of Apparent Liability and Memorandum Opinion and Order, FCC 06-17
   (hereinafter "Omnibus Order").  Further details of the filing procedures
   are provided below.

   Background. The Omnibus Order  resolved a number of indecency complaints
   pending against broadcasters based on television programs aired between
   February 2002 and March 2005. In the only portion of the Order at issue
   here - Section III.B - the Commission found that episodes of four
   television programs (i.e., NYPD Blue, The Early Show, 2002 Billboard Music
   Awards, and 2003 Billboard Music Awards) aired by certain broadcast
   stations apparently violated the statutory and regulatory prohibitions on
   broadcast of indecent and profane material. The Commission, however, did
   not propose to fine any of the licensees and made clear that it would not
   use the findings as a basis for taking adverse action against them, such
   as considering the findings in the license renewal process.

   Following the Commission's release of the Omnibus Order, Fox Television
   Stations, Inc. ("Fox") and CBS Broadcasting, Inc. ("CBS") filed a joint
   petition for review in the United States Court of Appeals for the Second
   Circuit ("Second Circuit") challenging Section III.B of the Omnibus Order.
   Similarly, ABC Television Network ("ABC") and Hearst-Argyle Television,
   Inc. ("Hearst") filed a joint petition for review in the United States
   Court of Appeals for the D.C. Circuit ("D.C. Circuit"), which later
   transferred the petition to the Second Circuit. The Second Circuit
   consolidated all petitions on June 14, 2006.

   Several parties in the case complained to the Commission that they were
   not provided with an opportunity to be heard by the Commission before the
   decisions in Section III.B of the Order were adopted. Accordingly, on July
   5, 2006, the Commission asked the Court to suspend its briefing schedule
   for 60 days and remand the case to the Commission to give any interested
   parties an opportunity to comment on the broadcasts discussed in Section
   III.B of the Order and ensure that all licensees are afforded a full
   opportunity to be heard before the Commission issues a final decision. On
   September 7, 2006, the Court granted the Commission's motion. Under the
   Court's Order, the case has been remanded to the Commission for a period
   of sixty days "for the entry of a further final or appealable order of the
   FCC following such further consideration as the FCC may deem appropriate
   in the circumstances."

   Filing Procedures. Any interested party shall file comments (an original
   and four copies) no later than September 21, and direct them, if sent by
   messenger or hand delivery, to Marlene H. Dortch, Secretary, Federal
   Communications Commission, 236 Massachusetts Avenue, N.E., Suite 110,
   Washington, D.C. 20002, marked for the attention of William H. Davenport,
   Chief, Investigations and Hearings Division, Enforcement Bureau, Room
   4-C330. If sent by commercial overnight mail (other than U.S. Postal
   Service Express Mail and Priority Mail) the response should be sent to the
   Federal Communications Commission, 9300 East Hampton Drive, Capitol
   Heights, Maryland 20743. If sent by first-class, Express, or Priority
   mail, the response should be sent to William H. Davenport, Chief,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, 445 12^th Street, S.W., Room 4-C330,
   Washington, D.C. 20554. Parties filing comments shall also, to the extent
   practicable, transmit a copy via email to

   Enforcement Bureau Contact: Robert Ratcliffe, Deputy Chief, (202) 418-7450

   News Media Contact: Janice Wise, (202) 418-8165

                                   -- FCC --

   See Fox Television Stations, Inc. v. FCC, No. 06-1760-AG (2d Cir. Sep. 7,
   2006) ("Remand Order").

   See 21 FCC Rcd 2664 (2006) ("Omnibus Order"), pets. for review pending,
   Fox Television Stations, Inc. v. FCC, No. 06-1760-AG (2d Cir. filed Apr.
   13, 2006).

   See Omnibus Order, 21 FCC Rcd at 2690-2700.

   See id. at 2690.

   See supra note 2 (noting pending petitions for review).

   The Second Circuit also granted motions to intervene in the Fox-CBS case
   by NBC Universal, Inc., NBC Telemundo License Co., NBC Television
   Affiliates, FBC Television Affiliates Association, CBS Television Network
   Affiliates Association, and the Center for the Creative Community, Inc.
   Prior to transferring the ABC-Hearst case, the D.C. Circuit granted ABC
   Television Affiliates Association's motion to intervene in the ABC-Hearst

   Remand Order at 2.

   Public Notice DA 06-1739

   Page 2 of 2


   Federal Communications Commission

   445 12th St., S.W.

   Washington, D.C. 20554

                                        News Media Information 202 / 418-0500


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