NAB Brief for US Third Circuit Court
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Case: 08-3078 Document: 003110147072 Page: 1 Date Filed: 05/17/2010 Nos. 08–3078, 08–4454, 08–4455, 08–4456, 08–4457, 08–4458, 08–4459, 08–4460, 08–4461, 08–4462, 08–4463, 08–4464, 08–4465, 08–4466, 08–4467, 08–4468, 08–4469, 08–4470, 08– 4471, 08–4472, 08–4473, 08–4474, 08–4475, 08–4476, 08–4477, 08–4478, 08–4652 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ PROMETHEUS RADIO PROJECT, ET AL., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, Respondents. ________________ On Petitions for Review of an Order of the Federal Communications Commission ________________ BRIEF OF PETITIONERS NATIONAL ASSOCIATION OF BROADCASTERS AND COALITION OF SMALLER MARKET TELEVISION STATIONS ________________ Jane E. Mago Elaine J. Goldenberg Jerianne Timmerman Joshua M. Segal National Association of Jenner & Block LLP Broadcasters 1099 New York Avenue, NW 1771 N Street, NW Washington, DC 20001 Washington, DC 20036 (202) 639-6000 Telephone (202) 429-5430 Telephone (202) 639-6066 Facsimile (202) 775-3526 Facsimile [email protected] [email protected] Counsel for Petitioner National Association of Broadcasters Robert A. Long, Jr. Enrique Armijo Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004 (202) 662-5612 Telephone (202) 778-5612 Facsimile [email protected] Counsel for Petitioner Coalition of Smaller Market Television Stations Case: 08-3078 Document: 003110147072 Page: 2 Date Filed: 05/17/2010 United States Court of Appeals for the Third Circuit Corporate Disclosure Statement and Statement of Financial Interest No. 08-4472 NATIONAL ASSOCIATION OF BROADCASTERS v. FEDERAL COMMUNICATIONS COMMISSION Instructions Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental corporate party to a proceeding before this Court must file a statement identifying all of its parent corporations and listing any publicly held company that owns 10% or more of the party's stock. Third Circuit LAR 26.1 (b) requires that every party to an appeal must identify on the Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of the litigation and the nature of that interest. This information need be provided only if a party has something to report under that section of the LAR. In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors' committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the proceedings before this Court, the appellant must file this list. LAR 26.1 (c). The purpose of collecting the information in the Corporate Disclosure and Financial Interest Statements is to provide the judges with information about any conflicts of interest which would prevent them from hearing the case. The completed Corporate Disclosure Statement and Statement of Financial Interest Form must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or upon the filing of the party's principal brief, whichever occurs first. A copy of the statement must also be included in the party's principal brief before the table of contents regardless of whether the statement has previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure. If additional space is needed, please attach a new page. (Page 1 of 2) Case: 08-3078 Document: 003110147072 Page: 3 Date Filed: 05/17/2010 Pursuant to Rule 26.1 and ThirdNational Circuit Association LAR of Broadcasters 26.1, makes (NAB) the following disclosure: (Name of Party) 1) For non-governmental corporate parties please list all parent corporations: NAB is a non-profit, incorporated association of radio and television stations and broadcast networks. NAB has no parent corporation. 2) For non-governmental corporate parties please list all publicly held companies that hold 10% or more of the party's stock: NAB has not issued any shares or debt securities to the public, and thus no publicly held company holds 10% or more of NAB's stock. 3) If there is a publicly held corporation which is not a party to the proceeding before this Court but which has as a financial interest in the outcome of the proceeding, please identify all such parties and specify the nature of the financial interest or interests: There are no such corporations. 4) In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the members of the creditors' committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is active participant in the bankruptcy proceeding. If the debtor or trustee is not participating in the appeal, this information must be provided by appellant. Not applicable. ,'''''0't.,./? . i/~ ~.o"'"~~~~ LA:- '~'ít' "" Dated: (Signature of C06nsel or Party) ~J-~" t"..",w~~",0è.l/ (Page 2 of 2) rev: 1112008 Case: 08-3078 Document: 003110147072 Page: 4 Date Filed: 05/17/2010 United States Court of Appeals for the Third Circuit Corporate Disclosure Statement and Statement of Financial Interest No. 08-4652 The Coalition of Smaller Market Television Stations and Raycom Media, Inc. v. Federal Communications Commission Instructions Pursuant to Rule 26.1, Federal Rules of Appellate Procedure any nongovernmental corporate party to a proceeding before this Court must file a statement identifying all of its parent corporations and listing any publicly held company that owns 10% or more of the party's stock. Third Circuit LAR 26.1 (b) requires that every party to an appeal must identify on the Corporate Disclosure Statement required by Rule 26.1, Federal Rules of Appellate Procedure, every publicly owned corporation not a party to the appeal, if any, that has a financial interest in the outcome of the litigation and the nature of that interest. This information need be provided only if a party has something to report under that section of the LAR. In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate shall provide a list identifying: 1) the debtor if not named in the caption; 2) the members of the creditors' committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is an active participant in the bankruptcy proceedings. If the debtor or the bankruptcy estate is not a party to the proceedings before this Court, the appellant must file this list. LAR 26.1 (c). The purpose of collecting the information in the Corporate Disclosure and Financial Interest Statements is to provide the judges with information about any conflicts of interest which would prevent them from hearing the case. The completed Corporate Disclosure Statement and Statement of Financial Interest Form must, if required, must be filed upon the filing of a motion, response, petition or answer in this Court, or upon the filing of the party's principal brief, whichever occurs first. A copy of the statement must also be included in the party's principal brief before the table of contents regardless of whether the statement has previously been filed. Rule 26.1(b) and (c), Federal Rules of Appellate Procedure. If additional space is needed, please attach a new page. (Page 1 of 2) Case: 08-3078 Document: 003110147072 Page: 5 Date Filed: 05/17/2010 the Coalition of Smaller Market Television Stations and Raycom Media, Inc, Pursuant to Rule 26.1 and Third Circuit LAR 26.1, makes the following disclosure: (Name of Party) 1) For non-governmental corporate parties please list all parent corporations: The Coalition of Smaller Market Television Stations is a group of television station owners whose purpose is to advance the interest of its members on issues implicated by this case. The Coalition has no parent corporation. Coalition member LIN Television Corporation's parent corporation is LIN Media Corp. Freedom Broadcasting, Inc.'s parent corporation is Freedom Communications, Inc. Coalition member Cordillera Communications is a wholly owned subsidiary of the Evening Post Publishing Company. 2) For non-governmental corporate parties please list all publicly held companies that hold 10% or more of the party's stock: A group of entities ultimately controlled by GAMCO Investors, Inc. collectively own a 10% or greater interest in Coalition member Lin Television Corporation's parent LIN Media Corp. A group of entities ultimately controlled by GAMCO Investors, Inc. also collectively own a 10% or greater interest in Coalition member Fisher Communications, Inc. A group of entities ultimately controlled by Blackstone Group LP collectively hold a 10% or greater interest in Freedom Communications Holdings, Inc., parent of Freedom Communications, Inc., which is in turn parent of Coalition member Freedom Broadcasting, Inc. 3) If there is a publicly held corporation which is not a party to the proceeding before this Court but which has as a financial interest in the outcome of the proceeding, please identify all such parties and specify the nature of the financial interest or interests: There are no such corporations. 4) In all bankruptcy appeals counsel for the debtor or trustee of the bankruptcy estate must list: 1) the debtor, if not identified in the case caption; 2) the members of the creditors' committee or the top 20 unsecured creditors; and, 3) any entity not named in the caption which is active participant in the bankruptcy proceeding.