Public Notice
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PUBLIC NOTICE Federal Communications Commission News Media Information 202 / 418-0500 445 12th St., S.W. Internet: http://www.fcc.gov TTY: 1-888-835-5322 Washington, D.C. 20554 DA 06-2531 Released: December 20, 2006 CLEAR CHANNEL COMMUNICATIONS, INC., THOMAS H. LEE EQUITY FUND VI, L.P., AND BAIN CAPITAL (CC) IX, L.P. SEEK APPROVAL TO TRANSFER CONTROL OF LICENSEE ENTITIES HOLDING FCC LICENSES AND OTHER AUTHORIZATIONS MB Docket No. 06-226 PLEADING CYCLE ESTABLISHED Comments/Petitions Due: January 19, 2007 Responses/Oppositions to Comments/Petitions Due: February 1, 2007 Replies to Responses/Oppositions to Comments/Petitions Due: February 13, 2007 On December 12, 2006, pursuant to Section 310(d) of the Communications Act of 1934, as amended,1 Clear Channel Communications, Inc. (“Clear Channel”), Thomas H. Lee Equity Fund VI, L.P. and Bain Capital (CC) IX, L.P. (collectively, the “Transferees”) jointly submitted applications to the Commission seeking consent to transfer control of certain subsidiaries of Clear Channel that are the holders of various Commission licenses and other authorizations.2 Clear Channel, through its subsidiaries, controls 1172 broadcast radio stations and 35 broadcast television stations. The applications seek Commission consent to the proposed transfer of control of Clear Channel from its shareholders to the Transferees. Pursuant to the Agreement and Plan of Merger between the parties, appended as Exhibit 6 to the lead application (File Number BTCH-20061212AET, et al.), the transfer will be effectuated by the merger of BT Triple Crown Merger Co., Inc. (“MergerCo”), which is co-owned by the Transferees, with and into Clear Channel. Once this occurs, the separate existence of MergerCo will cease and the surviving corporation will continue under the name “Clear Channel Communications, Inc.” and under the control of the Transferees. 1 See 47 U.S.C. § 310(d). 2 See Attachment (listing the applications, including the respective file number, call sign, and authorization holder). EX PARTE STATUS OF THIS PROCEEDING Because this proceeding involves broad public policy issues, the proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex parte rules. See generally 47 C.F.R. §§ 1.1200- 1.1216. Should circumstances warrant, this proceeding and/or any related proceeding may be designated as restricted. As a result of the permit-but-disclose status of this proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission’s rules applicable to non- restricted proceedings.3 Parties making oral ex parte presentations are directed to the Commission’s statement re- emphasizing the public’s responsibility in permit-but-disclose proceedings and are reminded that memoranda summarizing the presentation must contain the presentation’s substance, and not merely list the subjects discussed.4 More than a one- or two-sentence description of the views and arguments presented is generally required.5 We urge parties to use ECFS to file ex parte submissions.6 GENERAL INFORMATION The applications for transfer of control of the holders of the licenses and other authorizations referenced herein, upon initial review, have been accepted for filing. The Commission reserves the right to return any application if, upon further examination, it is determined to be defective and not in conformance with the Commission’s rules, regulations, or policies. Interested parties must file comments or petitions to deny no later than January 19, 2007. Persons and entities that establish their status as parties in interest7 in their filings become parties to the proceeding. They may participate fully in the proceeding, including seeking access to any confidential information that may be filed under a protective order, seeking reconsideration of decisions, and filing appeals of a final decision to the courts. Responses or oppositions to such pleadings must be filed no later than February 1, 2007, and replies to such responses or oppositions to comments or petitions to deny must be filed no later than February 13, 2007. All filings concerning matters referenced in this Public Notice should refer to MB Docket No. 06-226, as well as the specific file numbers of the individual applications or other matters to which the filings pertain (unless the filings pertain to all applications). Under the Commission’s current procedures for the submission of filings and other documents, submissions in this matter may be filed electronically (i.e., through ECFS) or by hand delivery to the Commission’s Massachusetts Avenue location. • If filed by ECFS, comments shall be sent as an electronic file via the Internet to http:://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should 3 An ex parte presentation is any communication (spoken or written) directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner’s assistant, or other decision-making staff member, that, if written, is not served on other parties to the proceeding or, if oral, is made without an opportunity for all parties to be present. See 47 C.F.R. § 1.1201. 4 See Commission Emphasizes the Public’s Responsibilities in Permit-But-Disclose Proceedings, Public Notice, FCC 00-358, 15 FCC Rcd 19945 (2000). 5 See 47 C.F.R. § 1.1206(b)(2), as revised. Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b) as well. 6 See “General Information” section. 7 See 47 U.S.C. § 309(d)(1). 2 include their full name, Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to [email protected], and should include the following words in the body of the message, “get form<your e-mail address>.” A sample form and directions will be sent in reply. • If filed by paper, the original and four copies of each filing must be filed by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission’s contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. In addition, one copy of each pleading must be sent to each of the following: • The Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail at www.bcpiweb.com; • Stephen Svab, Media Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, Room 2-B418; e-mail [email protected]; • Erica Porter, Media Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, Room 2-A110; e-mail [email protected]; • Erin McGrath, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, Room 6338, Portals I; e-mail [email protected]; and • Joel Rabinovitz, Office of General Counsel, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, Room 8-A802; e-mail [email protected]. Copies of the applications and any subsequently filed documents in this matter may be obtained from Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, telephone 1-800-378-3160, or via-e-mail www.bcpiweb.com. The applications and any associated documents are also available for public inspection and copying during normal reference room hours at the following Commission office: FCC Reference Information Center, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The applications are also available electronically through the Commission’s ECFS, which may be accessed on the Commission’s Internet website at http:www.fcc.gov. Additional information regarding the transaction will be available on the FCC’s Office of General Counsel’s website, http:www.fcc.gov/ogc, which will contain a fully indexed, unofficial listing and electronic copies of materials in this docket. Alternate formats of this public notice (computer diskette, large print, audio recording, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418-7426 (voice), (202) 418-7365 (TTY), or send an e-mail to [email protected]. For further information, contact Stephen Svab, (202) 418-7069, or Taft Snowdon, (202) 418-2742. Press inquiries should be directed to Rebecca Fisher, (202) 418-2359, of the Media Bureau. TTY: (202) 418-7172 or (888) 835-5322. 3 PUBLIC NOTICE Federal Communications Commission News Media Information 202 / 418-0500 445 12th St., S.W. Internet: http://www.fcc.gov TTY: 1-888-835-5322 Washington,