MACE RosENSTEIN. 1201 PENNSYLVANIA AVENUE, NW. WASHINGTON, DC 20004-2401. T 202.662.5460. 202.778.5460 mrosenstein@cov .
COVINGTON COVINGTON & BURLING LLP
MACE RosENSTEIN BEIJING BRUSSELS LONDON NEW YORK SAN DIEGO
SAN FRANCISCO SEOUL SHANGHAI SILICON VALLEY WASHINGTON
1201 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20004-2401 T 202.662.5460 202.778.5460
mrosenstein@cov .com
May 28, 2013
VIA ELECTRONIC FILING
Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street SW Washington, DC 20554 Rc:
Notice of Ex Parte Communication, MB Docket No. 13-50
Dear Ms. Dortch: On May 23 and 24, 2013, on behalf of the Coalition for Broadcast Investment, the undersigned met separately with Dave Grimaldi, Chief of Staff and Media Legal Advisor to Acting Chairwoman Clyburn; Alex Hoehn-Saric, Policy Director to Commissioner Rosenworcel; and Matthew Berry, Chief of Staff to Commission Pai. In each meeting we discussed the following key points as set out in our August 31, 2012 "Request for Clarification of the Commission's Policies and Procedures Under 47 U.S.C. § 310(b)(4)" and our April 30,2013 Reply Comments in the referenced proceeding. •
We reviewed the policy rationale for improved access to capital in the broadcast sector as broadcasters increasingly compete for content, viewers and advertisers with pay-television program networks, "overthe-top" providers and online services that are not subject to foreign investment limitations.
•
We discussed the potential benefits of additional capital, including economic growth, technological innovation, and opportunities for participation in the broadcast market by minorities and women.
•
We noted that the clarification we are seeking pertains solely to the processing of broadcast applications proposing indirect foreign investment in excess of 25 percent. The FCC already has plenary authority under Section 31 O(b )(4) of the Act to conduct a thorough facts-and-circumstances review of any such proposal in order to
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Ms. Marlene H. Dortch May 28, 2013 Page 2 determine whether the public interest would be served by approving, conditioning or disallowing it. •
We noted that any national security concerns relevant to the Commission's public interest evaluation of any particular proposal would be fully vetted and addressed under existing FCC procedures and in consultation with other agencies as appropriate.
Please direct any questions to the undersigned. Respectfully submitted, The Coalition for Broadcast Investment
B~ ~'-'-Clo~~ 0:::Mace Rosenstein Gerard J. Waldron
Its Attorneys
cc:
Dave Grimaldi Alex Hoehn-Saric Matthew Berry
