FCC Order on Reconsideration of its December 29, 1999 Order on religious broadcasting.
Re: Applications for Transfer of Licenses of WQED Pittsburgh and Cornerstone.
Date: January 28, 2000.
Source: Federal Communications Commission.

Editor's Notes:
 • Tech Law Journal converted a MS Word file into HTML to create this page.
 • Footnotes were converted into endnotes, and two way hyperlinked.
 • See also, concurring statements of Furchtgott-Roth and Powell, and dissent of Tristani.
 • Copyright Tech Law Journal 2000. All rights reserved.

Before the
Federal Communications Commission
Washington, D.C. 20554
In re Applications of

WQED PITTSBURGH
(Assignor)

and

CORNERSTONE
TELEVISION, INC.  
(Assignee)

For Consent to the Assignment
of License of Noncommercial
Educational Station WQEX(TV), 
Channel *16, Pittsburgh,
Pennsylvania

CORNERSTONE
TELEVISION, INC.
(Assignor)

and

PAXSON PITTSBURGH
LICENSE, INC.
(Assignee)

For Consent to the Assignment
of License of Station WPCB-TV,
Channel 40, Greensburg,
Pennsylvania

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)  File No. BALCT-970530IA
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)  Facility ID Number 13924
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ORDER ON RECONSIDERATION

Adopted: January 28, 2000 Released: January 28, 2000

By the Commission: Commissioner Furchtgott-Roth concurring and issuing a statement; Commissioner Tristani dissenting and issuing a statement.

1.  By Memorandum Opinion and Order released December 29, 1999,[1] the Commission granted the above-captioned applications for consent to the assignment of licenses of [begin page 2] noncommercial educational television station WQEX(TV), Channel *16, Pittsburgh, Pennsylvania, from WQED Pittsburgh to Cornerstone TeleVision, Inc. and of television station WPCB-TV, Channel 40, Greensburgh, Pennsylvania, from Cornerstone to Paxson Pittsburgh Licensee, Inc. We also denied, inter alia, the petition to deny filed by The Alliance for Progressive Action and QED Accountability Project. By letter dated January 18, 2000, Cornerstone notified the Commission that it had terminated the agreements underlying the above-referenced transactions, and requested dismissal of its applications to acquire Channel *16 from WQED Pittsburgh and assign Channel 40 to Paxson.

2.  On our own motion, pursuant to 47 C.F.R. § 1.108, we hereby reconsider and vacate our decision, insofar as it provided additional guidance regarding compliance with Section 73.621(a), 47 C.F.R. § 73.621, of the Commission’s rules.[2] See WQED Pittsburgh at ¶¶ 43-44 and n.77. In an attempt to clarify what constitutes non-commercial educational programming, we offered additional guidance broadly, and attempted to apply that guidance to specific cases involving religious programming. Regrettably, it has become clear that our actions have created less certainty rather than more, contrary to our intent.

3.  In hindsight, we see the difficulty of minting clear definitional parameters for
"educational, instructional or cultural" programming, particularly without the benefit of broad comment. Therefore, we vacate our additional guidance. We will defer to the editorial judgment of the licensee unless such judgment is arbitrary or unreasonable. Way of the Cross, 101 FCC 2d 1368, 1372, n. 5 (1985), citing Notice of Inquiry in Docket No. 78-164, 43 Fed. Reg. 30842, 30844-45 (1978).

4.  We wish to emphasize that our action here does not rescind or alter the underlying grant of the above-captioned applications.

5.  The Commission has already received many communications from members of the public and others concerning this proceeding. Insofar as these presentations directly and primarily relate to the general policy question of appropriate standards for evaluating programming proposals for reserved noncommercial educational television channels, while incidentally mentioning the captioned application proceeding, they will be governed by the Commission’s permit-but-disclose ex parte procedures as set forth in 47 C.F.R. 1.1206(b) and placed in a file associated with the record concerning the captioned applications. Any similar communications received in the future will be treated in the same manner. All persons are reminded, however, that the matter involving the captioned applications remains a restricted proceeding under 47 C.F.R. 1.1208, until such time as the proceeding on the assignment applications is formally terminated and no longer subject to Commission or court review. Thus, any written presentations directly addressing the merits or outcome of those applications must be served on all parties to that proceeding. Similarly, no such oral presentations concerning the applications may be made without advance notice to all parties and an opportunity for them to be present.

[begin page 3]

6.  Accordingly, IT IS ORDERED, that pursuant to 47 C.F.R. § 1.108, the above-referenced portion of the Commission’s decision in WQED Pittsburgh IS RECONSIDERED and VACATED.

FEDERAL COMMUNICATIONS COMMISSION


Magalie Roman Salas
Secretary

Footnotes

[1]  WQED Pittsburgh (FCC 99-393); Chairman Kennard and Commissioner Tristani affirming in part, dissenting in part, and issuing a joint statement; Commissioners Furchtgott-Roth and Powell affirming in part, dissenting in part, and issuing a joint statement; Commission Ness issuing a separate statement.

[2]  Section 73.621(a) provides, with limited exception, that “noncommercial educational television broadcast stations . . . will be licensed only to nonprofit educational organizations upon a showing that the proposed stations will be used primarily to serve the educational needs of the community . . . .”