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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application for Renewal ofBroadcast Station ) File No. License of ) ) BRCT-20070201AJT Fox Television Stations, Inc. ) ) For Renewal ofStation License WWOR-TV, ) Secaucus, New Jersey ) OPPOSITION TO INFORMAL OBJECTION Fox Television Stations, Inc. ("Fox"), licensee oftelevision station WWOR-TV, Secaucus, NJ, hereby submits its Opposition to the "Infonnal Objections in Support ofPetitions to Deny Renewal Application" ("Objection") ofAristides Martinez dated December 22,2007.1 In the Objection, Mr. Martinez opposes the renewal ofthe broadcast television license ofWWOR-TV based primarily on an alleged insufficiency in the station's service to the Hispanic community within its coverage area. The Objection, however, just as the petitions it purports to support, does not meet the requirements of Section 309 ofthe Communications Act because it fails to raise aprimajacie case that WWOR-TV has not served the public interest. Its suggestion that the Commission review the content ofFox's programming raises serious constitutional issues, and in any event the Objection itselfdemonstrates within its four comers WWOR-TV's history of exemplary service to its viewers ofHispanic descent. The Objection was sent to the Commission by first class mail (although a cover letter dated December 24, 2007 refers to "First Class E-Mail"). The Secretary accepted it with a date-stamp ofJanuary 15, 2008. 1 1. The Objection, like the Petitions it Purports to Support, Fails to Meet the Requirements ofSection 309(d)(l) and Fails to Raise a Prima Facie Question Warranting Designation ofthe Renewal Application for Hearing. Although Mr. Martinez styles his filing as "informal objections," he attempts to address the Communications Act and FCC rules governing petitions to deny,2 apparently recognizing that petitions to deny were due months ago (not later than May 1, 200i). Section 309(d)(I) ofthe Communications Act4 requires that any petition to deny contain specific allegations offact sufficient to show that the petitioner is a party in interest and that a grant ofthe application would beprimajacie inconsistent with the public interest; such allegations must be supported by an affidavit ofa person with personal knowledge ofthe facts.s The pleading satisfies none ofthe requirements of Section 309(d)(l). First, Mr. Martinez cannot establish that he is a "party in interest." He claims only that he is a "resident ofthe State ofNew Jersey, a region within the station's WWOR-TV, Channel 9, service area...,,6 Mr. Martinez is a resident ofPrinceton Junction, in Mercer County, New Jersey, within the Philadelphia DMA. WWOR-TV's community oflicense, Secaucus, is in Northern New Jersey, within the New York DMA. More importantly, Mr. Martinez does not claim to be a viewer ofWWOR-TV. He attempts to bootstrap himselfinto party-in-interest status by claiming to have personal 2 Mr. Martinez petitions to be considered a party interest. Given the untimeliness ofhis filing, he can only be accorded informal objector status. See 47 CFR §§ 73.3584 and 73.3587. See 47 CFR §§ 73.3516(e) and 73.1020. 4 47 U.S.C. § 309(d)(1). [d. 6 Objection, Annex 1, p. 1. 2 knowledge ofthe operations ofFox stations through his previous employment with WTXF-TV, the Fox station in Philadelphia. This alleged knowledge ofWTXF-TV's operations is not only irrelevant to consideration ofthe WWOR-TV renewal application, it is out-of-date because his employment was terminated in 2004.7 In short, Mr. Martinez is not a party in interest within the meaning of Section 309(d)(I). Nor has Mr. Martinez provided the requisite support from an affiant with personal knowledge ofhis allegations.8 Indeed, he supplies only his own affidavit, which, as demonstrated above, is not based upon personal knowledge as required by Section 309(d). Accordingly, Mr. Martinez utterly fails to present "adequate and specific factual allegations sufficient to warrant the reliefrequested.,,9 Moreover, Mr. Martinez's pleading, even ifconsidered as an informal objection, warrants no further Commission consideration. Following Mr. Martinez' termination from WTXF-TV, he filed charges ofage and national origin discrimination with the Pennsylvania Human Relations Commission. His case was dismissed on August 7, 2006, following which he filed a civil action based on the same claim in the U.S. District Court for the Eastern District ofPennsylvania, Martinez v. Fox Broadcasting Co. and Fox Television Stations. Inc., Subsidiary station d/b/a WTFX29, Philadelphia, Civil Action No. 06-4537. Mr. Martinez appears to have been involved in several prior discrimination lawsuits including: Martinez v. Quality Value Convenience. Inc., 63 F. Supp.2d 651 (E.D. Pa. 1999) (pollak, 1.), aff'd, 216 F.3d 1076 (3d Cir. 2000); Martinez v. Capital Cities / ABC-WPVI, No. 95-2954, 1996 WL 102295, at *3 (E.D. Pa. Mar. 5, 1996) (pollak, J.), afI'd, 103 F.3d 113 (3d Cir. 1996); Martinez v. Capital Cities / ABC, ABC News and WABC-TV7, No. 95-9910 (S.D.N.Y. 1995); Martinez v. American Lawyer Media, LP, aIkIa Courtroom Television Network, No. 94-314 (S.D.N.Y. 1994); Martinez v. Educational Broadcasting, aIkIa WNETl3, No. 92-04294 (S.D.N.Y. 1992); and Martinez v. Nat'l Broadcasting Co., Consumer News Business Channel CCNBC), and WNBC TV, No. 92-02477 (D. N.J. 1992). 47 USC § 309(d)(1 ). 9 Letter to John V. Oldfield, DA 07-4343 (October 19,2007); citing Area Christian Television, Inc. , 60 RR 2d 862 (1986). 3 2. Mr. Martinez's Request that the Commission Interfere with WWOR-TV's Editorial Discretion Raises Serious Constitutional Issues and. in Any Event. Is Contradicted by the Station's Exemplary Record of Service to the Hispanic Community. Although it is extremely difficult to decipher the meaning ofmuch ofthe Objection, it appears to allege primarily that Fox has failed to meet the programming needs ofHispanic audiences within the WWOR-TV coverage area. As the U.S. Supreme Court has stated time and again, regulatory schemes that tread unnecessarily on the editorial discretion ofbroadcasters contravene the First Amendment and the broadcasting industry is entitled to exercise "the widest journalistic freedom consistent with its public [duties]."lo The Commission has often noted that "Journalistic or editorial discretion in the presentation ofnews and public information is the core concept ofthe First Amendment's Free Press guarantee, and licensees are entitled to the broadest discretion in the scheduling, selection and presentation ofnews programming.,,1l Accordingly, the Commission should flatly reject the Objection's invitation to become involved in WWOR-TV's editorial and production decisions. In any event, Fox takes very seriously its obligations to serve the needs and interests ofall ofits viewers, including its Hispanic audience. Indeed, Mr. Martinez is apparently aware ofWWOR-TV's service to Hispanic viewers in its service area, including Northern New Jersey. The Objection refers to WWOR-TV's Lynda Lopez and the half-hour public interest programs she has supervised, "Real Talk" and "Hispanic 10 Syracuse Peace Council v. FCC, 867 F.2d 654,684 (D.C. Cir. 1989) (Starr, concurring); citing Columbia Broadcasting System. Inc. v. FCC, 453 U.S. 367,395 (1981) and Columbia Broadcasting Co. v. Dem. Nat'l Comm., 412 U.S. 94, 110 (1973). 11 Application for Renewal ofLicense, WXYZ-TV, DA 07-3084 (July 10,2007) (citation omitted); see also Renewal ofLicense ofStation WTVTCTV), DA 07-3385, ~ 17 (July 24,2007). 4 Horizons.,,12 Attached to this Opposition is a listing ofthe public affairs programming directed specifically to the Hispanic community that Ms. Lopez has produced during WWOR-TV's most recent license tenn. Ms. Lopez has treated issues of general interest to all residents ofNorthern New Jersey, such as Medicare Part B, AIDS, the problems of the elderly, civil rights, voter registration, identity theft, and others. But Ms. Lopez has tailored the treatment ofthese important issues to the specific interests and needs ofthe Hispanic community in Northern New Jersey. "Hispanic Horizons" has also addressed issues ofspecific interest to the Latino community: English literacy, immigration, and Hispanic genealogy. Additionally, Ms. Lopez's programs have featured the wealth of Hispanic arts offerings available in the area, such as the Latino Film Festival, Gospelfest, and the International Salsa Museum. The Objection additionally notes the telecast ofthe National Puerto Rican Day Parade on June 10,2007; coverage ofthe Ballet Hispanico on May 5, 2007; and a discussion on Puerto Rican pride on June 6, 2007. 13 Mr. Martinez objects to such issues as WWOR-TV's production budgets,14 and he actually questions whether the arts could be relevant to the Hispanic community.ls Giving any consideration to the Objection would require that the Commission become inappropriately involved in the minute editorial and production decisions ofthe station. 16 12 Objection at 8. 13 Objection at 9. 14 Objection at 8. IS Objection at 9. 16 See Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 US 94, 120-121 (1973) ("[I]t would be anomalous for us to hold, in the name ofpromoting the constitutional guarantees offree expression, that the day-to-day editorial decisions ofbroadcast licensees are subject (cant/d) 5 Finally, the Objection provides a list ofissues ofimportance that were purportedly identified by "Hispanic political and community leaders in New Jersey" but does not provide any identification ofsuch leaders or information about how the list was developed. Mr. Martinez does not claim to be an elected or appointed representative of any Hispanic organization. In any case, most ofthe "Hispanic" issues are issues of import to the general public: poverty, crime, education, government responsiveness. 17 These are issues that WWOR-TV treats frequently and regularly in its news and public affairs programming, as detailed in exhibits to the station's renewal application as well as in response to the petitions to deny and in materials prepared in conjunction with the Commission's Public Forum held in Newark, New Jersey on November 28,2007.18 3.
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