Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

In the Matter of ) ) Fox Television Stations, Inc. ) MB Docket No. 07-260 ) ) ) Application for Renewal of License of ) File No. BRCT-20070201AJT WWOR-TV, Secaucus, New Jersey ) )

APPLICATION FOR REVIEW

Aaron Mackey Andrew Jay Schwartzman Of counsel: Angela J. Campbell Institute for Public Representation Greg DiBella Georgetown University Law Center Georgetown Law Student 600 New Jersey Avenue, NW Suite 312 Washington, DC 20001 (202) 662-9535

October 8, 2014 Counsel for Voice for New Jersey Table of Contents

Summary ...... i I. Question Presented ...... 1 II. Introduction ...... 1 III. Background ...... 2 A. VNJ Files Petition to Deny Against WWOR in 2007...... 2 B. Media Bureau Dismisses VNJ’s Petition to Deny ...... 6 IV. Argument ...... 7 A. The Bureau Did Not Apply the Proper Legal Standard to VNJ’s Petition ...... 7 B. The Bureau Erroneously Concluded That WWOR Met its Service Obligations ...... 11 1. The Bureau’s Treatment of Issues/Programs List Was Inappropriate ...... 15 2. The Order Impermissibly Compared WWOR’s Service to Other Licensees ...... 17 3. The Bureau Erroneously Concluded that WWOR’s Post-License Conduct Was Sufficient ...... 19 4. The Bureau Improperly Prejudged WWOR’s Post-Term Performance ...... 21 C. The Bureau Improperly Dismissed VNJ’s Misrepresentation Allegations ...... 22 Conclusion ...... 24 Summary Voice for New Jersey (VNJ) asks that the full Commission reverse the August 8, 2014 Order by the Media Bureau (Bureau) denying its Petition to Deny WWOR-TV’s license renewal. VNJ’s Petition presented voluminous evidence documenting WWOR’s failure to meet its heightened service obligations to Northern New Jersey. VNJ’s allegations were supported by an independent academic study, VNJ’s own monitoring study, an analysis of more than a year’s worth of WWOR’s Issues/Programs (I/P) lists, and proof that WWOR planned to abandon its community of license and move to New York City. Each piece of evidence independently raised a substantial and material question of fact regarding WWOR’s service to Northern New Jersey. Collectively, the evidence showed that WWOR fell far short of its historic and unique service obligations to Northern New Jersey, choosing instead to chase audiences in New York City. In response to VNJ’s overwhelming evidence, the Bureau committed a host of legal errors and made a number of unsupported conclusions. First, the Bureau failed to apply the proper legal standard to VNJ’s Petition, ignoring the Communications Act and cases interpreting it in favor of a conclusory rejection of VNJ’s evidence. Not only did the Bureau fail to engage in the proper legal analysis required by law, it also held VNJ to an impossible evidentiary standard. Essentially, the Bureau required VNJ to prove its case at the outset, when all that is required under the Communications Act is for VNJ to raise a substantial and material question of fact regarding WWOR’s failure to serve Northern New Jersey. VNJ’s evidence raised many substantial and material questions of fact that require further investigation at a hearing. Second, the Bureau erroneously concluded that WWOR met its service obligations to Northern New Jersey. As a factual matter, the Bureau’s conclusion in the face of VNJ’s largely undisputed evidence was arbitrary and capricious. Importantly, the Bureau never took issue with VNJ’s evidence. Instead, the Bureau avoided analyzing the evidence by, among other things, calling it unrepresentative of WWOR’s service over its license term. Not only did the Bureau’s

i conclusions betray a “curious neutrality” in favor of the licensee, but its dismissal of VNJ’s survey and monitoring evidence was contrary to Commission precedent allowing citizens to use sampling as the basis for license renewal challenges. The Bureau also erred in failing to assess the cumulative weight of VNJ’s evidence, improperly treating each piece of evidence in isolation rather than reviewing the entire record. In service of its erroneous conclusion that WWOR adequately served Northern New Jersey, the Bureau then made a number of other errors. The Bureau dismissed VNJ’s reliance on more than a year’s worth of WWOR’s I/P lists as unrepresentative, but then arbitrarily concluded that WWOR met its obligations to Northern New Jersey by reviewing the licensee’s I/P list from a single quarter that did not even fall within the relevant time period. This was the very definition of capriciousness, as the Bureau tried to have it both ways – using the lists when they helped reach the desired outcome and rejecting the lists when they contained contradictory evidence. The Bureau then improperly compared WWOR’s service to other licensees, even though the Communications Act’s renewal procedures require the Bureau to focus solely on WWOR’s performance. Not only was the Bureau’s comparison irrelevant, it also violated VNJ’s due process rights, as VNJ never had an opportunity to review the comparison and respond. Additionally, although the Bureau correctly recognized that WWOR’s post-term conduct was relevant as to whether the licensee adequately served Northern New Jersey, it concluded that even after slashing its programming and closing its news bureau in New Jersey, the licensee met its service obligations. That is, in the face of VNJ’s evidence showing that WWOR’s service was poor from 1999-2007 and then became even worse in 2009, the Bureau concluded that because WWOR provided some New Jersey programming, that was enough. The Bureau’s decision was arbitrary and capricious in light of the record and seriously calls into question whether licensees are under any obligation to provide more than a miniscule amount of programming responsive to community needs.

ii Perhaps most troubling of all, the Bureau prejudged WWOR’s service to Northern New Jersey in subsequent license terms, concluding that the broadcaster met its service obligations through the spring of 2014. The conclusion was legal error because there is no live dispute over WWOR’s service in 2014, although it may be challenged when WWOR’s license renewal comes up again in 2015. Moreover, VNJ had no opportunity to challenge the Bureau’s conclusion, violating VNJ’s due process rights. The Bureau’s conclusion also raised serious practical questions about whether any citizen could challenge WWOR’s license in a future renewal. Finally, the Bureau erroneously concluded that WWOR did not misrepresent its service and programming in a series of filings with the Commission. At minimum, VNJ raised a substantial and material question as to whether WWOR misled the Commission regarding its programming and staffing levels subsequent to severe cutbacks it made in 2009. VNJ also demonstrated that the issue raised questions regarding WWOR’s candor. The Bureau largely ignored the factual dispute regarding the misrepresentation and candor issues rather than designating them for a hearing as required by the Communications Act. In light of the many errors described above, the Commission should reverse the Bureau’s decision and designate WWOR’s renewal for a hearing. Each of the Bureau’s errors is problematic, but taken together they seriously undermine the ability of citizens to mount license renewal challenges. In effect, the Bureau’s decision requires citizens to provide evidence documenting every moment of a licensee’s programming and its deficiencies, even though that is plainly not required by Commission precedent or the Communications Act. Reversal will therefore correct the numerous errors in the Order and reinforce the principle that citizens have a right to hold licensees accountable in renewal proceedings.

iii Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

In the Matter of ) ) Fox Television Stations, Inc. ) MB Docket No. 07-260 ) ) ) Application for Renewal of License of ) File No. BRCT-20070201AJT WWOR-TV, Secaucus, New Jersey ) )

APPLICATION FOR REVIEW Voice for New Jersey, by its attorneys, the Institute for Public Representation, pursuant to 47 C.F.R. § 1.115, seeks full Commission review of the Media Bureau’s decision in Fox Television Stations, Inc. Application for Renewal of License of WWOR-TV, Secaucus, New Jersey & Application for Renewal of License of WNYW(TV), New York, New York, Memorandum and Order, MB Dkt. No. 07-260 (Aug. 08, 2014) (Order).

I. Question Presented

Whether the Bureau’s license renewal of WWOR conflicts with the Communications Act, FCC regulations, case precedent, or Commission policy by concluding on the record before it that WWOR provided sufficient programming to meet the needs of Northern New Jersey.

II. Introduction In its Petition to Deny WWOR’s license renewal (Petition), Voice for New Jersey (VNJ) presented the most comprehensive review of a licensee’s programming filed with the Federal Communications Commission (Commission) since the adoption of current renewal procedures in 1984. VNJ, an affiliation organized to promote better broadcast media coverage in New Jersey, provided substantial evidence documenting WWOR’s service from 1999 to 2007. In its Petition, VNJ compiled independent research, undertook monitoring studies, and analyzed the station’s Issues/Programs (I/P) lists during fifteen months of the station’s license term to allege that

1 WWOR failed to meet its obligations.1 Each piece of evidence on its own was an indictment of WWOR’s failure to serve Northern New Jersey. Taken together, however, the evidence VNJ presented raised a substantial and material question as to whether WWOR served its community of license. The Bureau’s August 2014 Order denied VNJ’s Petition and dismissed all of VNJ’s allegations out of hand. Rather than taking VNJ’s evidence seriously, the Bureau exhibited “[a] curious neutrality-in-favor-of-the-licensee.”2 The Bureau found that the “examples that [VNJ] proffers do not support the allegation that WWOR-TV has failed to meet its public service obligations.”3 The Bureau’s conclusion, in the face of VNJ’s detailed showing, begs the question: What additional evidence could the public possibly provide for the Commission to investigate whether a licensee has met its public service obligations to air programming addressing community issues? The Bureau’s answer is that a challenge must apparently include 24-hour monitoring of station’s programming throughout its entire license term. This is an incredibly burdensome standard that no member of the public can ever meet. Moreover, it flies in the face of Commission and court precedent and mocks the bedrock principle that citizens can hold licensees accountable to their service obligations. The Commission should therefore reverse the Bureau and designate a hearing to address VNJ’s allegations.

III. Background

A. VNJ Files Petition to Deny Against WWOR in 2007 As the Commission made explicit in earlier proceedings involving WWOR, the licensee’s subsequent renewals would “be judged by how it has met the obligation to serve the greater service needs of Northern New Jersey.”4 When WWOR’s license was up for renewal in 2007, VNJ believed that the licensees’ conduct in the prior term fell far short of its obligations to serve

1 VNJ Pet. to Deny (April 28, 2007) (Petition). 2 UCC v. FCC, 425 F.2d 543, 547 (D.C. Cir. 1969). 3 Fox Television Stations, Inc., Memorandum Opinion and Order, Dkt. 07-260 at ¶25 (Aug. 8, 2014) (Order). 4 Channel 9 Reallocation (WWOR–TV), 53 R.R.2d 469 (1983).

2 Northern New Jersey. VNJ filed a Petition to Deny WWOR’s license renewal, presenting detailed evidence that individually and collectively demonstrated that rather than providing greater service to its community, WWOR had ignored Northern New Jersey in pursuit of the New York City market.5 The evidence included:

x Eagleton Study Concludes “WWOR Barely Covered the 2005 Elections.” An independent Rutgers University study — the most comprehensive analysis of New Jersey television election coverage in state history — reviewed 332 hours of local news

programming during the final 30 days of the 2005 election.6 Researchers found that WWOR aired a total of just 13 election stories over 11 broadcasts, with 10 of the stories

focused on New Jersey.7 Of the 10 New Jersey election stories, 9 dealt with the governor’s race, showing that WWOR neglected to cover the numerous other local and

regional elections in the community.8 Researchers concluded that “WWOR barely covered the 2005 elections” in Northern New Jersey.9

x Monitoring Study Shows WWOR Failed to Cover New Jersey Issues. VNJ’s monitoring study showed that WWOR gave more time and prominence to stories affecting New York City, even as important news was breaking in Northern New

Jersey.10 VNJ members monitored WWOR’s 10 p.m. newscasts for two weeks in April 2007 and compared it to key news stories in Northern New Jersey communities reported

by newspapers.11 The study documented how WWOR devoted significant time to

5 Petition at 12. 6 Petition at 5-6; Matthew Hale, Television Coverage of the 2005 New Jersey Election: An Analysis of the Nightly News Programs on Local New Jersey, New York and Philadelphia Stations, Eagleton Institute of Politics at Rutgers University (June 2006) (Eagleton Study). 7 The coders who analyzed WWOR’s broadcasts were from the University of Wisconsin, Madison’s NewsLab, which specializes in viewership studies. Eagleton Study at 8; Petition at 4- 5. 8 Eagleton Study at 3, Table 3. 9 Eagleton Study at 22. 10 Petition at 11-13. 11 Petition at 11-13.

3 covering three prominent national stories rather than covering local stories affecting Northern New Jersey, such as a spike in Newark homicides and financial troubles of a local hospital.12 WWOR’s coverage of the national stories was repetitive and appeared targeted at audiences outside of the station’s community of license.13

x Review of WWOR’s Issues/Programs List Shows Dearth of Coverage of New Jersey Issues. VNJ reviewed WWOR’s Issues and Programming Reports, concluding that the station averaged less than one New Jersey news story every two days during the license

term.14 The review also showed that in the first three quarters of 2006, of the 9.85 hours of stories shown in the Issues and Programming Reports, only 2.66 hours were dedicated

to Northern New Jersey stories.15 The licensee admitted that its reports were “exemplary of the station’s overall efforts.”16

x WWOR Attempted to Move to New York City and Branded Itself as a New York Station. In 2004, Fox tried to abandon WWOR’s community of license entirely and

move to New York City without notifying the Commission.17 The Congressional delegation from New Jersey and the state legislature objected to the move, recognizing that it ran explicitly counter to WWOR’s heightened service obligations to Northern New

Jersey.18 Although WWOR ultimately decided to stay in New Jersey, its branding continued to reflect New York, rather than its community of license.19 Examples

12 Petition at 13. 13 Id. 14 Petition at 8. 15 Petition at 6-7. 16 Application for Renewal of Station License of WWOR-TV, Secaucus, NJ, Opposition to Petition to Deny at 5, Fox Television Stations, Inc. (May 30, 2007) (Fox Opposition). 17 Petition at 14. Fox argued that it was permitted to relocate and would not have had to notify the Commission until after it had moved. Id. 18 Senator Lautenberg et al., Letter to Michael K. Powell, Chair of the Federal Communications Commission (Sept. 9, 2004); ASSEMB.RES.NO. 211, 211TH LEG. (N.J. 2004). 19 Petition at 14.

4 included WWOR’s website address, www.my9NY.com, and a logo that included My9NY and the Manhattan skyline.20 In response to VNJ’s allegations and evidence documenting WWOR’s failure to serve Northern New Jersey, the Commission took the unusual step of holding a public forum in Newark.21 At the hearing, which was held in November 2007, more than 200 New Jersey residents and elected officials attended, with many describing how WWOR failed to meet its heightened obligations. For example, Bill Hassell from Galloway, New Jersey testified that “[w]e need to stop being overshadowed by our neighboring states and embrace our own local communities. And maybe it’s just me, but I don’t understand how a station that calls itself My9

New York could even begin to claim that its aim is to serve the people of this state.”22 Another resident, Harold Winard, said that “We see here news stories that are vetted against the interest not of people in New Jersey, but how much that story will appeal to the interest of a listener in Brooklyn, New York. We need New Jersey stories that are of interest to people in New Jersey.”23

The late Sen. Frank Lautenberg (D-NJ) testified that “New Jersey news is largely forgotten or buried deep in other newscasts.”24

Later in 2009, while WWOR’s renewal remained pending, VNJ informed the Commission that the station had significantly reduced its news and public affairs programming and fired staff that produced local news. 25 WWOR cut its news programming from one hour per day to a total of two and half hours per week and decreased its public affairs programming from one hour per week to one half hour per week.26

20 Petition at 14. In April 2013, WWOR changed its website homepage to www.my9NJ.com. For examples of WWOR’s previous branding, see Exhibit A. 21 FCC Announces Public Forum on WWOR-TV License Renewal in New Jersey, Public Notice, (Nov. 8, 2007). 22 Transcript of Media Bureau Public Forum on WWOR-TV License Renewal in New Jersey at 62-64 (Forum Transcript). 23 Forum Transcript at 72. 24 Forum Transcript at 9. 25 Letter to Chairman Julius Genachowski from Donna Sandorse at 2 (Nov. 27, 2009). 26 Id.

5 B. Media Bureau Dismisses VNJ’s Petition to Deny Seven years after VNJ challenged WWOR’s renewal, the Media Bureau denied its Petition to Deny and renewed WWOR’s license. The Bureau stated that “[a]fter a thorough review of the record and the station’s issue/programs lists, we find that from 1999 through the quarter ending March 31, 2014, WWOR-TV met its special obligations to serve the needs of the citizens of Northern New Jersey.”27 In dismissing VNJ’s evidence, the Bureau stated that “the examples that [VNJ] proffers do not support the allegation that WWOR-TV has failed to meet its public service obligations.”28

The Bureau then proceeded to discount each piece of VNJ’s evidence individually. Regarding the Eagleton Study, the Bureau described it as a “snapshot survey” and found it “was extremely limited in that it focused only on 30 days out of a license term that spans years and did not include the station’s weekly public affairs programs.”29 The Bureau used largely the same rationale to dismiss VNJ’s monitoring study, reasoning that “a random survey of twelve days of programming . . . is not representative of a station’s efforts over an 8-year license term.”30

The Bureau also found VNJ’s I/P lists analysis did not support the Petition because the lists “are not required to report every single story reported by a station during its license term or to account for every minute of news reporting.”31 Thus, because of the representative nature of I/P lists, the Bureau said that VNJ could not rely on them to conclude that WWOR failed to serve

Northern New Jersey.32 The Bureau later disposed of VNJ’s evidence regarding WWOR’s branding and planned move to New York City in a footnote, finding that the issue “is not relevant to our consideration of WWOR-TV’s renewal application.”33

27 Opinion at ¶3. 28 Id. at ¶25. 29 Id. 30 Opinion at ¶27. 31 Id. at ¶26. 32 Id. 33 Id. at ¶31, n.56.

6 Even though the Bureau discounted VNJ’s use of I/P lists, to support its decision, it reviewed WWOR’s I/P lists during the fourth quarter of 2013 sua sponte and compared them to four other TV stations licensed in New Jersey.34 The Bureau’s comparison concluded that “WWOR-TV reported at least as many New Jersey-centric stories than the four other commercial TV stations licensed to the northern New Jersey area.”35

IV. Argument VNJ respectfully asks the Commission to reverse the Media Bureau’s Order.36 Any of the errors discussed below would be sufficient to warrant full reversal of the Order. Taken together, however, the errors rewrite longstanding Commission policy on how to treat citizens’ complaints about a broadcaster’s deficient service to its community. Moreover, the Order establishes terrible precedent for any future member of the public seeking to challenge broadcast license renewals by setting the evidentiary bar so high that few, or none, will ever successfully make a prima facie case. In that environment, licensees would be free to ignore their public service obligations, to the detriment of communities across the country.

A. The Bureau Did Not Apply the Proper Legal Standard to VNJ’s Petition The Commission should reverse the Bureau’s Order because it failed to apply the proper legal standard when considering a petition to deny. Section 309 of the Communications Act establishes a two-step inquiry for the Commission to determine whether to grant a hearing based on a petition to deny. First, the Commission must analyze whether the petition to deny “demonstrates by specific allegations of fact that grant of the application would be prima facie inconsistent with the public interest.”37 In this step, “[t]he Commission must perform Section 309(d)’s threshold inquiry on the basis of the petitioner’s allegations alone” and “must proceed on the assumption that the specific facts set forth [in the petition] are true.”38 Second, if the

34 Id. at ¶30. 35 Id. 36 47 C.F.R. § 1.115(b)(2)(i). 37 47 U.S.C. § 309(d)(1). 38 Astroline Communications Co. v. FCC, 857 F.2d 1556, 1561 (D.C. Cir. 1988) (internal

7 petition has made a prima facie case, the Commission must determine “whether a substantial and material question of fact is presented to warrant further inquiry in a hearing.”39 In this step, the Commission must consider the entire record, weighing all facts, to determine “whether the totality of the evidence arouses a sufficient doubt on the point that further inquiry is called for.”40

The Order failed to follow the process outlined in the Communications Act in multiple respects. Although the Bureau makes passing reference to the legal standard, it conspicuously failed to cite Section 309 or any of the cases interpreting it when it analyzed VNJ’s allegations. For example, rather than assuming that VNJ’s allegations are true and asking whether the Petition established a prima facie case, the Bureau picked apart VNJ’s evidence, including its reliance on I/P lists.41 The Bureau cannot claim that VNJ’s reliance on WWOR’s I/P lists failed to make out a prima facie case. Because the very purpose of the I/P lists is to permit the public to make out a prima facie case, it was error for the Bureau to discount them just because they may not include all of a station’s issue responsive programming. Even though the Commission deregulated its broadcast license renewal process in 1981 and no longer relies on quantitative guidelines for non-entertainment programming, it still requires broadcasters to provide responsive programming to its communities.42 The way licensees must demonstrate that they have met their service obligations — and the primary mechanism for citizen license renewal challenges — is through I/P lists. In fact, when the Commission sought to eliminate the program log requirement, the D.C. Circuit reversed, finding:

The public thus possesses an unassailable right to participate in the disposition of valuable public licenses, free of charge, to “public trustees.” We will not allow this right to be undermined indirectly by the Commission’s inadequately explained refusal to require licensees to make available information on their issue-responsive quotations omitted). 39 47 U.S.C. § 309(d)(2). 40 Citizens for Jazz on WRVR, Inc. v. FCC, 775 F.2d 392, 395 (D.C. Cir. 1985). 41 See Order ¶¶25-27. 42 See Deregulation of Radio, 84 FCC 2d 968 (1981), aff’d sub nom. UCC v. FCC, 707 F.2d 1413 (D.C. Cir. 1983) (UCC III).

8 programming. Citizen groups in the past have found the program logs to be essential to obtain the concrete information necessary to demonstrate a radio station’s inadequate performance in a petition to deny.43 On remand, the Commission made some cosmetic changes to its policy regarding I/P lists but found itself once again reversed by the D.C. Circuit because the lax reporting requirements would not allow citizens to make out a prima facie case under Section 309(d).44 The Court recognized that “the new streamlined renewal process ‘is premised, in part, on the Commission's belief that sufficient information is available in the public file’ to facilitate petitions to deny.”45

The Court then rejected the Commission’s argument that if I/P lists were insufficient “citizen groups might resort to private monitoring of the radio spectrum,” noting that in UCC III “this court thought that reliance on such private monitoring was ‘beyond belief.’”46

The Court concluded that “if the Commission’s decision that public participation is a vital element of its new renewal policy is to be taken seriously, the Commission cannot make it virtually impossible for members of the public to participate at the most elementary level of a Section 309(d) proceeding.”47 Thus, on remand, the FCC modified its public file rule (Section 73.3526) to require radio licensees to maintain “quarterly lists of programs, which in the exercise of the broadcaster’s good faith judgment, represent the most significant treatment by the station of the issues that the licensee believed to be a community concern.”48

In its subsequent deregulation of television, the Commission largely adopted the same procedures, requiring broadcasters to use their I/P lists to demonstrate that they fulfilled their service obligations.49 More importantly, the Commission noted that citizens bringing challenges

43 UCC III at 1441. 44 UCC v. FCC, 779 F.2d 702, 704 (D.C. Cir. 1985) (UCC IV). 45 Id. at 709. 46 Id. at 710. 47 Id. (emphasis in original); see 47 C.F.R. § 73.3526. 48 Deregulation of Radio, 104 FCC 2d 505 (1986) (emphasis added). 49 Television Deregulation, 98 FCC 2d 1075, 1091-92 (1985), rev’d on other grounds, ACT v. FCC, 821 F.2d 741 (D.C. Cir. 1987); compare 47 C.F.R. § 73.3526(e)(11)(i) with 47 C.F.R. § 73.3526(e)(12).

9 could use I/P lists to make out a prima facie case to show that a station had failed to meet its service obligations, and that “in the face of a petition to deny which makes a prima facie case that a licensee has been unreasonable, the burden will be on the licensee to demonstrate that the exercise of discretion was appropriate in the circumstances.”50 If well-pleaded allegations based on I/P lists “do not provide sufficient information to resolve a substantial question of fact, the

Commission may ask, as it has in the past, for more information from the licensee.”51 Moreover, “[i]n a contested license renewal the burden of proving that programming relevant to public issues has been provided is on the licensee.”52 In sum, both the D.C. Circuit and the FCC have made it clear that a petition to deny can make out a prima facie case solely on the basis of what is reported in a station’s I/P lists. Therefore, it was plain error for the Bureau to dismiss VNJ’s reliance on WWOR’s I/P lists when considering whether the Petition made a prima facie showing. The Bureau also erred in another respect under Section 309(d). In determining whether

VNJ made a prima facie case, the Commission must assume VNJ’s facts are true.53 The Bureau did not do so, failing to follow the analysis required under the Communications Act. Assuming VNJ’s allegations were true, granting WWOR’s license would be prima facie inconsistent with the public interest. Thus, the Bureau was obligated to proceed to the second step of the analysis. The Bureau did not even begin the second step of the analysis under Section 309(d), failing to ask whether VNJ’s evidence, along with WWOR’s rebuttal and other facts in the record, raised a substantial and material question of fact. At no point did the Bureau ask “whether the totality of the evidence arouses a sufficient doubt on the point that further inquiry is called for.”54 Instead, the Bureau made a conclusion that “based on the record before us, we find

50 Television Deregulation, 98 FCC 2d at 1094-95. 51 Id. at 1110. 52 Id. 53 Astroline Communications Co., 857 F.2d at 1561. 54 Citizens for Jazz on WRVR, Inc. v. FCC, 775 F.2d 392, 395 (D.C. Cir. 1985).

10 that WWOR-TV met that obligation by airing programming that is responsive to the issues of concern to its community.”55 The Bureau’s conclusion compounded its previous errors, as it applied the higher evidentiary standard of the ultimate question — whether WWOR served its community — to the preliminary inquiry of whether VNJ raised a “substantial and material question of fact.”56 The Bureau in effect required VNJ to prove its allegations at the outset, which is flatly inconsistent with precedent demonstrating that a petitioner’s burden at this preliminary stage is much lower. As one influential case describes it, the Bureau improperly required VNJ to prove “the existence of a fire” when VNJ only had to demonstrate “a good deal of smoke.”57 Based on the record, as described more fully below, VNJ presented more than a good deal of smoke regarding WWOR’s failure to serve Northern New Jersey. The Bureau’s failure to undertake the proper analysis under the Communications Act and actually determine whether there was a substantial and material question of fact was reversible error.58

B. The Bureau Erroneously Concluded That WWOR Met its Service Obligations Had the Bureau undertaken the proper legal analysis required by the Communications Act, it would have designated the renewal for a hearing because VNJ’s evidence raised a substantial and material question of fact about WWOR’s service to Northern New Jersey. Instead, the Bureau summarily dismissed VNJ’s substantial evidence and erroneously concluded that WWOR met its service obligations.59 That conclusion was arbitrary and capricious in light of the record. Moreover, it violated Commission precedent and paid nothing more than lip service to the historic role that citizen complaints play in challenging license renewals.

55 Order at ¶31. 56 47 U.S.C. § 309(d)(2). 57 WRVR, 775 F.2d at 397. 58 See WRVR, 775 F.2d at 398 (“But the determination must at least be made – and since, as far as we can tell from the Commission’s expression, it was not made here, we must remand for further consideration.”) (emphasis in original). 59 Order at ¶31.

11 VNJ provided voluminous evidence to support its allegations that WWOR failed to serve Northern New Jersey — indeed, it proffered more than any other petitioner since the FCC adopted its current license renewal process in 1984. As discussed above, the evidence included an independent analysis of WWOR’s election coverage in 2005, a monitoring study, an analysis of more than a year’s worth of WWOR’s I/P lists, and documented evidence of WWOR trying to move to New York City.60 Each piece of evidence showed how WWOR had failed to serve its community of license, and cumulatively they indicated that the station was ignoring Northern New Jersey. Moreover, VNJ’s evidence was exactly the type that the Commission has asked citizens to provide when alleging that a licensee has failed to serve its community.61

Tellingly, the Bureau did not dispute the facts VNJ provided based on its substantial evidence, including particular findings about WWOR’s minimal coverage of elections and issues impacting Northern New Jersey communities. Instead, the Bureau dismissed VNJ’s evidence as unrepresentative, limited in scope, or irrelevant.62 For example, the Bureau disregarded the independent Eagleton Study of WWOR’s political coverage in advance of the 2005 election as “a snapshot survey” that did “not take into account a station’s total news and public affairs programming.”63 Similarly, the Bureau dismissed VNJ’s monitoring study because it was “not representative of a station’s efforts over an 8-year license term.”64 In dismissing VNJ’s survey evidence as unrepresentative, the Bureau’s analysis is fundamentally at odds with the Commission’s longstanding practice, as the public has historically relied on such evidence to allege that a station has failed to comply with its service obligations.65 In particular, the Commission has previously used a “composite week” of a

60 Petition at 4-14. 61 E.g., Application of RKO General, Inc., 1 FCC Rcd 1081, 1087 (1986). 62 See Order at ¶¶25-27. 63 Order at ¶25. 64 Order at ¶27. 65 See UCC IV at 713 (noting that “the relative benefits of such a list are obvious” since “[b]y referring to this list a petitioner to deny would be able to determine whether a broadcaster had provided significant coverage of some set of issues of community concern.”); Comm. for Open

12 licensee’s programming to measure broadcast performance, undercutting claims that VNJ’s evidence was unrepresentative.66 Moreover, courts have recognized that a petitioner challenging a license renewal need not constantly monitor a station’s programming to mount a challenge, as that would be infeasible.67 Yet in dismissing VNJ’s use of the Eagleton Study and its own monitoring study, the Bureau indicated that nothing short of comprehensive monitoring by VNJ would create a question regarding WWOR’s lack of service. This is not the law, and the Bureau’s adoption of such a high bar is plainly inconsistent with the Commission’s prior acceptance of sampling as a proxy for a licensee’s service to its community. Additionally, in dismissing VNJ’s evidence, the Bureau overlooked VNJ’s detailed recounting of issues WWOR failed to cover, precisely the type of information the Commission has previously sought in renewal challenges. The Commission has stated that citizens can allege that “an individual station has failed to address issues of particular relevance to a significant segment of the community . . . even in cases where a licensee has provided some issue- responsive programming.”68 In an earlier challenge to WWOR’s license, the Commission denied the petition because the challengers had not identified a single issue or story that WWOR had failed to cover.69 Seeking to avoid that same outcome, VNJ devoted a great deal of time detailing important issues in Northern New Jersey that WWOR failed to cover, including:70

x A 25% increase in homicides in Newark from 2004-06, even as other crimes declined x Smoking restrictions imposed on Atlantic City casinos

Media v. F.C.C., 543 F.2d 861, 871 (D.C. Cir. 1976) (noting that under the former composite week requirements “[t]hese reports set forth statistics on program performance in specified categories of a composite week. A copy of the report and the station's composite week program logs are maintained in the station's public inspection file.”). 66 Formulation of Rules and Policies Relating to the Renewal of Broadcast Licenses, 43 F.C.C. 2d 1, 22 ¶72 (1973) (“In the case of television, to provide the public with increased information regarding station programming and each licensee’s conception of problems and needs by requiring annual report of composite week programming”). 67 UCC v. FCC, 707 F.2d 1413, 1441 (D.C. Cir. 1983). 68 Television Deregulation, 98 FCC 2d at 1094. 69 Application of RKO General, Inc., 1 FCC Rcd at 1087. 70 Petition at 9-11.

13 x Major residential development projects in Jersey City x A federal corruption investigation in West New York concerning whether the town’s mayor and local lawmaker misused state grants

x Creation of a new state park in Paterson x Expansion of a local college in Elizabeth x Waste and fraud allegations involving Charity Care, a healthcare charity for the poor x The return of a fox-like animal known as the Fisher to New Jersey forests x Failed efforts to reform property taxes x Government ethics reform led by the Woodbridge mayor71 The examples in VNJ’s Petition showed “a neglect of New Jersey issues,” precisely the type of evidence the Commission previously indicated was necessary to meet its burden.72 But according to the Bureau, VNJ’s showing was not enough. Moreover, VNJ’s reliance on the Eagleton Political study raised substantial and material questions about WWOR’s service to Northern New Jersey. As the Commission has repeatedly acknowledged, broadcast media’s service obligations play an essential role in our democracy:

Whether the obligation is described as one to serve the specific interests of the community, to meet the tastes, needs and desires of the public, or to address the needs and problems of the community, the chief concern has always been that issues of importance to the community will be discovered by broadcasters and will be addressed in programming so that the informed public opinion, necessary to the functioning of a democracy, will be possible.73 The Eagleton Study raises significant questions about whether WWOR met this fundamental obligation to inform Northern New Jersey residents about important political issues before the 2005 election.74 In rejecting the Eagleton Study, the Bureau appears to reject the fundamental reason why the Commission requires broadcasters to serve their communities in the first place.

71 Petition at 11, 13. 72 Application of RKO General, Inc., 1 FCC Rcd at 1087. 73 Deregulation of Radio, 84 FCC 2d at 982. 74 Petition at 5-6.

14 The Bureau’s dismissal of VNJ’s evidence seriously undermines its statement that “we continue to carefully consider citizen complaints as we have in this instance.”75 The Bureau’s blithe dismissal of VNJ’s substantial evidence belies its claims that it carefully considers citizen complaints. Rather than impartially reviewing VNJ’s evidence, “[a] curious neutrality-in-favor- of-the-licensee seems to have guided the [Bureau].”76 Indeed, in light of the Bureau’s Order, there is a serious question of whether citizens can ever successfully challenge a license renewal. The Bureau has therefore undermined the historic role the public plays in ensuring that broadcasters serve their communities.

1. The Bureau’s Treatment of Issues/Programs List Was Inappropriate In addition to erroneously concluding that VNJ’s evidence was insufficient, the Bureau also erred in how it used I/P lists to determine that WWOR had met its public service obligations. The Bureau’s treatment of WWOR’s I/P lists was the very definition of capricious. First, the Bureau dismissed VNJ’s reliance on its analysis of I/P lists because they are not “required to report every single story reported by a station during its license term or to account for every minute of news reporting.”77 But then, the Bureau turned around and used WWOR’s I/P lists to conclude that the licensee met its public interest obligations based on the number of

New Jersey stories it listed.78 The Bureau cannot have it both ways, and its dissonant treatment of I/P lists runs counter to their very purpose. First, as explained above, the FCC and the D.C. Circuit have stated that a citizen can rely on I/P lists to make out a prima facie case that a licensee failed to satisfy its public interest obligations.79 The Bureau’s decision was contrary to these precedents because it rejected VNJ’s use of I/P lists over five quarters of the license term to show that WWOR’s programming for

75 Order at ¶32. 76 UCC v. FCC, 425 F.2d at 547. 77 Order at ¶26. 78 Order at ¶30. 79 See supra, Part IV.A.

15 Northern New Jersey was inadequate.80 The error requires reversal, as the Bureau cannot overrule Commission and D.C. Circuit precedent. Second, notwithstanding the Bureau’s failure to apply the correct law to this case, its conclusions regarding WWOR’s service were irrational in light of VNJ’s evidence. VNJ’s analysis of WWOR’s I/P lists showed that:

Of the 9.85 hours of news coverage reported in the first three quarters of 2006, a scant 2.66 hours (27%) was dedicated to New Jersey stories. By way of contrast, 4.72 hours of coverage was dedicated to New York stories-more than 77% more broadcast time.81 The Bureau’s conclusion that WWOR met its obligations cannot be reconciled with VNJ’s analysis and the licensee’s heightened service requirements to Northern New Jersey. WWOR’s I/P lists showed a dearth of coverage of Northern New Jersey and a much greater effort to cover New York, which is not WWOR’s community of license. Further analysis of the fourth quarter of 2006 and first quarter of 2007 would likely have revealed similar trends, but VNJ was unable to do so because WWOR stopped reporting the duration of its issue-responsive programming during those quarters, an independent violation of the Commission’s rules.82

In addition, the Bureau’s decision was arbitrary and capricious because it relied on WWOR’s I/P lists from a single quarter in 2013 to conclude that the licensee met its heightened service obligations for a seven-year period from 2007-2014.83 Despite finding VNJ’s analysis of more than a year’s worth of I/P lists inadequate for establishing a prima facie case, for the period

1999-2007, the Bureau concluded that because WWOR aired at least as many New Jersey- centric stories as four other commercial TV stations licensed to northern New Jersey in a single quarter in 2013, WWOR met its obligations from 2007-2014.84 If I/P lists are not complete

80 Order at ¶26. 81 Petition at 7. 82 47 C.F.R. § 73.3526 requires broadcasters to include “the time, date, duration, and title of each program in which the issue was treated.” 83 Order at ¶30. 84 Id.

16 enough for VNJ to raise a substantial and material question regarding WWOR’s failure to meet community needs, then they cannot be relied upon by the Bureau for a broad finding that a licensee has met those needs. Moreover, WWOR’s performance during the fourth quarter of 2013 is irrelevant to the question of whether it served Northern New Jersey during the license term. Furthermore, the Bureau has not provided any evidence supporting its claim or any opportunity to comment on its relevance or accuracy. Indeed, as shown below, the analysis is inaccurate.

2. The Order Impermissibly Compared WWOR’s Service to Other Licensees The Bureau’s conclusion that WWOR provided adequate service to Northern New Jersey because it “reported at least as many New Jersey-centric stories than the four other commercial TV stations licensed [in the region]” constituted legal error for several reasons.85 First, the Bureau’s comparison of WWOR’s I/P lists with four other licensees as proof that WWOR met its obligations contradicts the plain language of the Communications Act. In a license renewal proceeding, “the Commission shall grant the application if it finds, with respect to that station, during the preceding term of its license . . . the station has served the public interest.”86 The Commission must make that determination “on the basis of the application, the pleadings filed, or other matters which it may officially notice.”87 Courts have interpreted the standard as meaning that “a renewal applicant must literally ‘run on his record’ in demonstrating that his past programming performance has been responsive to the needs of his broadcast area.”88 Thus, the Commission’s focus must be on the conduct of the licensee seeking renewal. The Bureau therefore erred when it compared WWOR’s service to the four other stations. Under the Bureau’s theory, because “[a]ll four of [the other] stations were renewed in the last cycle,” the fact that WWOR “reported at least as many New Jersey-centric stories” as the other

85 Id. 86 47 U.S.C. § 309(k)(1)(A) (emphasis added). 87 47 U.S.C. § 309(d)(2). 88 CBS v. FCC, 505 F.2d 320, 326 (D.C. Cir. 1974) (quoting UCC v. FCC, 359 F.2d 994, 1007 (D.C. Cir. 1966)).

17 stations meant that WWOR had met its public interest obligations.89 It bears emphasis that the Commission makes no independent inquiry in renewing uncontested license renewals and simply presumes that the absence of citizen complaints means that service has been sufficient. In any event, the Bureau cannot make comparative judgments in determining whether WWOR met its obligations. The Communications Act requires that the inquiry be limited to whether WWOR met its obligations based on its record during the preceding term. The other stations’ level of programming is irrelevant to the question of whether WWOR met its public service obligations. This principle is true in all license renewals, but is particularly apt here because, unlike the other four broadcasters, WWOR has heightened service obligations to Northern New Jersey.90

Second, independent of the relevance of the comparative analysis, the Bureau violated VNJ’s due process rights by introducing new evidence not contained in the record that no party had any opportunity to refute. The principle that parties have “[a]n opportunity to meet and rebut evidence utilized by an administrative agency has long been regarded as a primary requisite of due process.”91 The Commission has stated that when facts outside the record are “utilized by the agency in its disposition of the case, due process requires that the opposing parties be afforded an opportunity to meet and rebut such evidence.”92 The Bureau provided VNJ no such opportunity and violated the organization’s due process rights. The due process violation was particularly detrimental here because the Bureau’s reliance on the new evidence was central to its renewal of WWOR’s license.93 The Bureau should not have gone outside the record in the first place, but since it did, the Bureau had an obligation to give VNJ an opportunity to respond.

89 Order at ¶30. 90 It is also relevant that of the other four stations, three are Spanish language and one is religious. 91 Ralpho v. Bell, 569 F.2d 607, 628 (D.C. Cir. 1977). 92 Applications of Garrett, Andrews & Letizia, Inc., 88 FCC 2d 620, 623 ¶7 (Dec. 2, 1981). 93 Based on its review of the four stations, the Bureau concludes “that from 1999 through the quarter ending March 31, 2014, WWOR-TV met its special obligations to serve Northern New Jersey.” Order at ¶3.

18 If VNJ had been given an opportunity to respond, it would have demonstrated that the Bureau’s conclusion that WWOR “reported at least as many New Jersey-centric stories than the four other commercial TV stations” was false. As explained in the attached Exhibit, a review of the four stations’ I/P lists for the fourth quarter of 2013 shows that WWOR did not report as many New Jersey-centric stories as the other stations.94 Independent station WMBC-TV reported roughly 150 more New Jersey-focused stories than WWOR during the quarter, meaning that WMBC aired 67 percent more stories than WWOR responding to local issues.95 Moreover, WMBC’s I/P lists documented a host of issues that WWOR failed to cover, including a Passaic County Prosecutor’s report of elevated drug use among New Jersey teens and the New Jersey Division of Consumer Affairs’ price-gouging probe in the aftermath of Hurricane Sandy.96

VNJ’s review demonstrates that the Bureau’s conclusion is flat wrong as both a quantitative and qualitative finding regarding WWOR’s comparative service to Northern New Jersey. The Bureau’s inaccuracy on this point seriously calls into question all of its other conclusions.

3. The Bureau Erroneously Concluded that WWOR’s Post-License Conduct Was Sufficient Although VNJ agrees with the Bureau that post-term developments can be considered as one factor in the license renewal context, it strains reason for the Bureau to find that WWOR’s post-term service met its heightened service obligations.97 As VNJ demonstrated, WWOR’s post-term behavior reveals near-complete abandonment of its primary service obligation to the residents of northern New Jersey. WWOR-TV slashed its news programming in July 2009 from seven hours per week to two and one-half hours per week — a 64% decrease — and halved its public affairs programming from one hour per week to thirty minutes per week.98 In mid-2009,

94 Based on VNJ’s review or the I/P lists cited by the Bureau, WMBC aired 388 New Jersey- centric stories while WWOR aired 219. See Exhibit B at 13. 95 Exhibit B at 13. 96 Exhibit B at 10 (entry 294); Exhibit B at 7 (entry 185). 97 Order at ¶37. 98 Id. at ¶21.

19 WWOR-TV also reduced WWOR’s staff at its Secaucus, New Jersey location by about two- thirds.99 The reduced staffing and programming after 2007 actually supports VNJ’s claim that WWOR had not met its primary service obligation to Northern New Jersey. In sum, WWOR’s service was poor during license term and got even worse post-renewal. Nonetheless, when confronted with VNJ’s evidence of WWOR’s post-term deficiencies, the Bureau concluded that “even at the reduced amount of programming Fox met its obligations to serve its community of license.”100 The conclusion cannot be rationally explained in light of VNJ’s evidence documenting WWOR’s poor service during and after its license term. In particular, VNJ showed that WWOR’s programming shift was the result of the licensee eliminating its entire news division.101 With the deep staffing cuts and a mere 2.5 hours of news broadcast time per week as part of its Chasing New Jersey show, WWOR’s news programming fell to less than 10% of its peer group average.102 Without analyzing this evidence, the Bureau concluded:

Although it has changed the format of its evening news program from a traditional, anchor-centered format to the one used on Chasing New Jersey, staff review of the station’s issues/programs lists and of samples of Chasing New Jersey on the station’s web site indicates that WWOR-TV covers local politics, local stories, local weather, and local sports.103 In essence, the Bureau concluded that because the programming provided some coverage of

Northern New Jersey, WWOR met its public interest obligations.104 The Bureau’s conclusion, lacking any analysis and running counter to the evidence before it, was arbitrary and capricious.

99 Id. at ¶34; Letter from Congressman Albio Sires to Julius Genachowski, Chairman, Federal Communications Commission at 2 (Nov. 17, 2010). 100 Order at ¶37. 101 Letter from Charles Lovey, Member, Voice for New Jersey, to Mignon Clyburn, Acting Chairwoman, Federal Communications Commission at 1 (July 10, 2013) 102 Id. at 2 (July 10, 2013). 103 Order at ¶29. This reliance on staff review of I/P lists without giving VNJ an opportunity to respond, also deprived VNJ of due process, as discussed above. 104 Order at ¶37 (“as we have found above, even at the reduced amount of programming Fox met its obligations to serve its community of license. Therefore, we do not believe that this issue

20 Additionally, the Bureau failed to apply the proper legal standard regarding the value of a licensee’s post-term conduct. The Commission has long “declin[ed] to give credit for a licensee’s post-term upgrading,” since to do so would “permit a licensee to evade the consequences of its deficient performance by upgrading after a challenge had been filed.”105 The Commission has also noted the “limited potency of post-license term performance in a renewal proceeding,” which is rooted in the “common sense proposition that enforcement of the public interest obligation of broadcasters cannot be meaningful if licensees are free to perform inadequately during their franchise period, secure in the knowledge the post-term efforts would guarantee renewal if a challenge should ever be mounted.”106 Thus, the Commission has “made clear in a number of cases that evidence of upgrading toward the end of, or after, the license period must be discounted and will be given little weight in a renewal proceeding where the applicant’s performance during the license period was seriously deficient.”107

Therefore, even assuming the Media Bureau was correct that WWOR’s post-term programming met its service obligations, it was error to use those developments as a counterweight to VNJ’s evidence showing that the licensee failed to serve its community. Commission precedent and practice thus overwhelmingly established that post-term considerations cannot be used to credit WWOR as the Media Bureau did in its Order.

4. The Bureau Improperly Prejudged WWOR’s Post-Term Performance At minimum, the Commission should strike the Bureau’s dictum in the Order that prejudged WWOR’s post-term performance as sufficient, as it made findings of fact that were not previously litigated or subject to the pending license renewal. Despite VNJ’s petition alleging that WWOR failed to meet its service obligations during its license term between 1999 and 2007, the Bureau did not confine its findings to the renewal period. Instead, the Bureau warrants further review.”). 105 Applications of Harriscope of Chicago, Inc. et al., 6 FCC Rcd 4948, 4950 (1991). 106 Applications of Alabama Educ. Television Comm'n, 50 FCC 2d 461, 476 (1975). 107 Id. (emphasis added).

21 made a broad finding “that from 1999 through the quarter ending March 31, 2014, WWOR-TV met its special obligations to serve Northern New Jersey.”108 The statement exceeded the Bureau’s authority and the issues in this particular renewal because it judged WWOR’s performance seven years after its renewal as sufficient, even though no party raised the issue of WWOR’s performance in 2014, much less litigated it. The Bureau’s conclusion therefore not only raised due process concerns in this particular case, 109 it appears to foreclose any future challenge to WWOR’s subsequent license renewal. The Commission should reverse the Bureau’s findings on this particular issue so that parties are not denied the opportunity to challenge WWOR’s performance in the future.

C. The Bureau Improperly Dismissed VNJ’s Misrepresentation Allegations The Commission should also reverse the Bureau’s conclusion that WWOR did not misrepresent its level of programming in a series of ex parte filings with the Commission in 2009. VNJ’s allegations and the Commission’s subsequent investigation into whether WWOR overstated its news and public affairs programming in filings with the agency raised a substantial and material question of fact about the licensee’s fitness to hold a broadcast license. It is undisputed that a month after WWOR significantly cut its programming and staffing in 2009,

WWOR filed exhibits with the Commission that overstated its current service levels.110 WWOR responded that the exhibits were meant to describe its service during the license renewal term,

1999-2007, though the exhibit initially described its programming in the present tense.111 The Commission issued a Letter of Inquiry (LOI) to Fox to investigate the matter.112

Even though WWOR’s response to the Commission confirmed VNJ’s allegations that the licensee misrepresented its service, the Bureau found “that any confusion created by Fox’s filing

108 Order at ¶3. 109 Ohio Bell Telephone Co. v. Public Utils. Comm'n, 301 U.S. 292, 300 (1937). 110 Order at ¶¶33-35. 111 Order at ¶33. Fox later revised its exhibit and changed all references to the past tense. 112 Order at ¶36.

22 was unintentional and was harmless error.”113 But the Bureau could not make such a conclusion on this record because the reasons for Fox’s misrepresentation were disputed. Thus, the Bureau should have asked whether all the evidence on this point raised a substantial and material question and thus required a hearing for further inquiry.114

The Bureau also erred in completely failing to consider allegations that WWOR lacked candor when it neglected to tell the Commission that it changed the contents and the verb tense of its presentations between August and September 2009. The Bureau makes no reference to a December 7, 2010 letter from Media Access Project, the Office of Communication, Inc. of the

United Church of Christ and Rainbow/PUSH (MAP Letter).115 Among other things, that letter116 pointed out that “[l]ack of candor is the failure of an applicant ‘to be fully forthcoming as to all facts and information relevant to a matter before the FCC, whether or not such information is particularly elicited.’”117 The letter went on to state that

The fact that a presentation may be truthful when viewed in isolation does not resolve a candor question because the statement may be incomplete or misleading in context. As the Commission said in RKO General [v. FCC, 670 F.2d 215,] 230 [(D.C. Cir. 1981)], “We need not decide whether RKO’s pleadings were affirmatively misleading - it is enough to find that they did not state the facts.”118

VNJ also addressed WWOR’s failure to correct its misstatements. Even if WWOR’s misstatements were unintentional, which VNJ disputes, its failure to call attention to these

113 Order at ¶37. 114 47 U.S.C. § 309(d)(2). 115 The latter two groups had also filed petitions to deny WWOR’s renewal. The Bureau’s LOI specifically asked about allegations made in the MAP Letter. 116 VNJ also addressed Fox’s lack of candor in an earlier letter. See Letter from Charles Lovey, Member, Voice of New Jersey, to Chairman Julius Genachowski, Federal Communications Commission at 3-4 (Feb. 15, 2010). 117 MAP Letter, p. 5, quoting Swan Creek Communications, Inc. v. FCC, 39 F.3d 1217, 1222 (D.C. Cir. 1994). 118 Id. (footnote omitted).

23 material changes is a separate violation of the Commission’s rules.

Conclusion VNJ respectfully requests that the Commission reverse the Bureau’s Order in this case and designate WWOR’s license renewal for a hearing. The Bureau made a number of erroneous findings and also failed to apply controlling law in several respects, all of which require correction by the Commission. Taken together, the Bureau’s errors rewrite or erode fundamental legal principles governing how the Commission treats citizen complaints about a licensee’s service and basic principles about due process. Further, unless corrected, the precedential effect of this Order will make it next to impossible for citizens to mount a prima facie challenge to a license renewal. In addition, VNJ respectfully asks the Commission to strike the Bureau’s conclusion that WWOR met its public service obligations into 2014, as the dictum improperly prejudges the licensee’s conduct before a challenge has been made.

Respectfully submitted

Of counsel: Aaron Mackey Andrew Jay Schwartzman Greg DiBella Angela J. Campbell Georgetown Law Student Institute for Public Representation Georgetown University Law Center 600 New Jersey Avenue, NW Suite 312 Washington, DC 20001 (202) 662-9535

October 8, 2014 Counsel for Voice for New Jersey

24 CERTIFICATE OF SERVICE

I, Niko Perazich, Office Manager, Institute for Public Representation, do hereby certify that, on October 8, 2014, pursuant to 47 C.F.R. §1.47(f), a copy of the forgoing Application for Review of the Media Bureau’s decision in Fox Television Stations, Inc. Application for Renewal of License of WWOR-TV, Secaucus, New Jersey & Application for Renewal of License of WNYW(TV), New York, New York, Memorandum and Order, MB Dkt. No. 07-260 (Aug. 08, 2014) was served by first class U.S. mail, postage prepaid, upon the party at the address below.

Jared S. Sher Vice President, Associate General Counsel 21st Century Fox, Inc. 444 N. Capitol Street, NW Suite 740 Washington, DC 20001

Niko Perazich October 8, 2014 EXHIBIT A

EXHIBIT B Review of 4Q2013 I/P Lists of WWOR, WMBC, WNJU, WXTV, WFUT WWOR WMBC WNJU WXTV WFUT WWOR-TV, channel 9, is the flagship WMBC-TV, channel 63, is an independent WNJU, channel 47, is an owned-and- WXTV-DT, channel 41, is the flagship WFUT-DT, channel 68, is a UniMás owned- station of the MyNetworkTV programming full-power commercial TV station licensed operated station of the Spanish language station of the Spanish language television and-operated television station licensed to service licensed to Secaucus, New Jersey. to Newton, New Jersey. WMBC is owned Telemundo television network licensed to network Univision licensed to Paterson, Newark, New Jersey. The station is owned WWOR-TV is owned by Fox Television by the Mountain Broadcasting Corporation, Linden, New Jersey. WNJU is owned by New Jersey. WXTV is owned by Univision by Univision Communications, as part of a Stations, a division of 21st Century Fox, as a corporation founded in 1985 by a group the NBC Owned Television Stations Communications and operates as part of a duopoly with Univision owned-and- a sister station to Fox's flagship station of Korean Americans led by the Reverend subsidiary of NBCUniversal, as part of a television duopoly with Newark-licensed operated station WXTV (channel 41). WNYW (channel 5). WWOR maintains its Sun Young Joo of Wayne, New Jersey. duopoly with NBC's flagship station WNBC WFUT-DT (channel 68), the New York WFUT-DT and WXTV-DT share studios studios and offices in Secaucus, New WMBC maintains its studios and offices in (channel 4). WNJU maintains studios and area's UniMás station. WXTV-DT and and offices in Teaneck, New Jersey. Jersey, although some internal operations West Caldwell, New Jersey. WMBC offices in Fort Lee, New Jersey. WFUT-DT share studios and offices in are handled at WNYW's studios at the Fox provided separate issues/program lists for Teaneck, New Jersey. Broadcasting Center in Manhattan. its three local programs: Mountain Views, Hometown Programming, and WMBC News. WWOR Total NJ-Centric Stories: WMBC Total NJ-Centric Stories: WNJU Total NJ-Centric Stories: WXTV Total NJ-Centric Stories: WFUT Total NJ-Centric Stories: 219 388 139 27 3

Issues WWOR Air Topic (WWOR) WMBC Air Topic (WMBC) WNJU Air Topic (WNJU) WXTV Air Topic (WXTV) WFUT Air Topic (WFUT) Listed Date Date Date Date Date 1 10/26/2013 New Jersey Inc--profiled 11/9/2013 Rockaway/Dover, NJ pastor 10/13/2013 New Jersey Senate; 10/3/2013 Paterson New Jersey 12/1/2013 Ocean County New Jersey local businesses gives interview Governor elections shutdown protest health center 2 10/6/2013 NJ Now--Booker/Lonegan 11/2/2013 Rockaway, NJ pastor gives 11/3/2013 New Jersey Governor's race, 10/7/2013 New Jersey food bank 12/8/2013 New Jersey doctor discusses and Newark Issues interview Booker shutdown issues osteoporosis 3 10/1/2013 Obamacare effect on New 10/26/2013 Parsippany, NJ pastor gives 12/8/2013 Newark mayor interview 10/1/2013 Jersey City ACA issues 12/22/2013 Newark non-profit gives Jersey interview loans to those in need 4 10/1/2013 Perry in New Jersey 11/23/2013 Princeton, NJ pastor gives 10/2/2013 Garden State Plaza accident 12/10/2013 Elizabeth New Jersey interview immigration protest 5 10/1/2013 Domestic Violence in New 12/7/2013 Netcong, NJ pastor gives 10/2/2013 Garden State Plaza accident 10/4/2013 Booker/Lonegan hold 1 hour Jersey interview debate 6 10/2/2013 Obamacare in New Jersey 12/28/2013 Riverdale, NJ pastor gives 10/9/2013 Paramus tornado 10/8/2013 Christie/Buono hold first interview debate 7 10/2/2013 New Jersey Senate Race 12/14/2013 Rockaway, NJ pastor gives 10/9/2013 Princeton gunshot report 10/14/2013 Booker/Lonegan campaign interview and hold rallies 8 10/3/2013 Ramsey Marine 11/30/2013 Parsippany, NJ pastor gives 10/9/2013 Atlantic City police brutality 10/16/2013 Booker/Lonegan election day interview 9 10/3/2013 Landfill in New Jersey 12/21/2013 Princeton, NJ pastor gives 10/11/2013 New Jersey judge rules on 10/16/2013 Booker wins election interview gay marriage 10 10/3/2013 Cancer survivor in Jersey 10/5/2013 Newark, NJ pastor gives 10/16/2013 Jersey City arrest for child 10/16/2013 Lonegan concedes election City interview abandonment 11 10/3/2013 Sandy; minimum wage in 10/19/2013 Newark, NJ pastor gives 10/17/2013 New Jersey car crash/suicide 10/17/2013 Booker vote report New Jersey interview 12 10/3/2013 Christie's bipartisan work 10/12/2013 Rockaway/Dover, NJ pastor 10/17/2013 Booker/Lonegan race 10/31/2013 Booker sworn in gives interview 13 10/4/2013 Newark Mayor endorses 12/21/2013 Red Cross in Fairfield New 10/18/2013 New Jersey gay marriage 11/5/2013 Christie/Buono campaign Booker Jersey license issued profiles 14 10/4/2013 Booker/Lonegan debate 10/5/2013 Plainfield New Jersey Habitat 10/18/2013 New Jersey car crash/suicide 11/5/2013 Christie wins for Humanity 15 10/4/2013 New Jerseyans hire private 11/16/2013 Drug abuse in New Jersey 10/22/2013 Christie withdraws gay 12/3/2013 Christie tuition for investigators marriage appeal undocumented persons 16 10/4/2013 Tenafly father protests 12/21/2013 Kean University plagiarism 10/22/2013 Jersey City sick day payment 12/19/2013 Christie tuition for budget cuts undocumented persons 17 10/7/2013 New Jersey coal plants 10/12/2013 Child killed in bus accident 10/23/2013 Christie arranges $57M in 10/15/2013 Sandy's effect in shore area Sandy relief 18 10/7/2013 New Jersey gubernatorial 11/30/2013 Youth bands in Sussex 10/23/2013 Ramapo coach abuse 10/17/2013 Sandy's effect in Bergen debate County 19 10/7/2013 New Jersey charity struggles 11/2/2013 Parsippany route renamed 10/24/2013 Tenafly cocaine party 10/22/2013 Hoboken vulnerability to from budget cuts another Sandy 20 10/8/2013 New Jersey water 11/30/2013 Assemblywoman opposes 10/24/2013 Booker sworn in 10/29/2013 Perth Amboy Sandy recovery infrastructure problems genetically modified food

Page 1 of 13 21 10/8/2013 New Jersey gubernatorial 10/26/2013 Sandy recovery in Elizabeth 10/25/2013 Waldwick strangler 10/29/2013 Sandy in Union Beach New debate New Jersey Jersey 22 10/8/2013 Buono discusses New Jersey 11/23/2013 New Jersey paintball park for 10/28/2013 3-alarm fire at Perth Amboy 11/19/2013 Union City New Jersey gubernatorial debate youths church Sandy displaced persons 23 10/9/2013 Booker/Lonegan poll update 11/9/2013 Newark charter school 10/29/2013 Sandy 1 year anniversary 11/18/2013 George Washington Bridge and New Jersey delays 24 10/9/2013 Essex corruption 10/19/2013 Sandy recovery in Bergen 10/29/2013 New Jersey child porn case 11/29/2013 Jersey City ferry crash

25 10/10/2013 Booker/Lonegan second 10/5/2013 New Jersey bishop 10/29/2013 Newark murder 11/30/2013 George Washington Bridge debate appointed and other toll increases 26 10/10/2013 Bridgegate 10/19/2013 Plainfield officer gives 10/29/2013 West Orange shooting 12/11/2013 Bridgegate women HIV 27 10/11/2013 Booker--impact of father's 11/30/2013 Sandy recovery in Sea Bright 10/31/2013 Booker sworn in 12/12/2013 Bridgegate death on race 28 10/11/2013 Ridgewood 1st Amendment 11/9/2013 New Jersey college 11/1/2013 Booker sworn in issue professor profile 29 10/14/2013 Booker/Lonegan 10 point 11/30/2013 Christie--affordable housing 11/4/2013 Elizabeth New Jersey death gap; Palin & Lonegan funds theft accusation 30 10/14/2013 New Jersey charity in Union 10/26/2013 Essex County homicide 11/4/2013 Rutgers Christie survey Beach 31 10/14/2013 NJ towns' recovery 1 year 11/9/2013 New Brunswick theological 11/5/2013 Elizabeth New Jersey fire after Sandy seminary profile 32 10/14/2013 NJ judge decision on gay 12/28/2013 New Jersey organ donors 11/5/2013 Garden State Plaza shooting marriage 33 10/15/2013 Booker & special Senate 12/14/2013 Union Beach Sandy 11/5/2013 Elizabeth New Jersey death election update insurance problems 34 10/15/2013 New Jersey homeless set up 10/26/2013 Christie arranges Sandy 11/6/2013 Report of gun at Garden tents in Lakewood relief State Plaza 35 10/15/2013 Cost of New Jersey Senate 10/12/2013 Local New Jersey charity 11/6/2013 Report of gun at Garden elections founder profiled State Plaza 36 10/16/2013 New Jersey Senate elections- 11/23/2013 New Jersey firemen's park 11/7/2013 2 New Jersey sheriffs kill -Booker/Lonegan voter person 37 10/16/2013 Buono releases health 12/7/2013 Smoking in New Jersey 11/7/2013 Fort Lee New Jersey death records; Christie does not 38 10/16/2013 Essex corruption 11/23/2013 Essex prosecutor interview 11/8/2013 Cape May house explosion on recent violence 39 10/17/2013 Booker wins election 11/23/2013 Hoboken Police Department 11/8/2013 Garden State Plaza shooting story 40 10/17/2013 Jersey City apartments bring 11/30/2013 Hurricane Irene in Paterson 11/11/2013 Missing New Jersey man economic boom 41 10/17/2013 New Jersey Senators spend 10/26/2013 Hurricane Sandy in 11/14/2013 Plainfield New Jersey illegal citizen tax money Moonachie New Jersey immigrant ID 42 10/18/2013 Stay on gay marriage in New 11/9/2013 Barbershops in Paterson 11/19/2013 New Jersey police search for Jersey struck down suspects in shooting 43 10/18/2013 Route 3 construction impact 11/16/2013 Paterson economic 11/15/2013 New Jersey pharmacist on Super Bowl restoration arrested 44 10/18/2013 Christie campaign event at 12/21/2013 Sandy recovery grants 11/21/2013 Closter New Jersey Medicaid Seaside; Buono campaigns fraud 45 10/18/2013 Trenton High School football 10/19/2013 Sandy exhibit in Morristown 11/26/2013 Jersey City knockout game team overcomes violence 46 10/21/2013 Gay marriage in New Jersey 12/7/2013 Paid sick days in New Jersey 11/26/2013 Leonia New Jersey kidnapping 47 10/21/2013 Clifton decoration dispute 12/7/2013 Hazardous toys in New 11/27/2013 Cape May fire rescue Jersey 48 10/22/2013 New Jersey murder of Native 10/26/2013 North Caldwell mayor profile 11/27/2013 Paterson New Jersey attack American family 49 10/22/2013 Booker's staff selections 10/26/2013 Sandy generators 12/3/2013 New Jersey officers shot in Paterson 50 10/22/2013 Denville New Jersey resident 10/19/2013 Rutgers campus expansion 12/9/2013 New Jersey waitress--false raises cancer awareness discrimination suit alleged 51 10/23/2013 Christie fires Port Authority 11/9/2013 Habitat for humanity in 12/10/2013 Princeton meningitis employee Newark

Page 2 of 13 52 10/23/2013 Domestic violence legislation 11/2/2013 Newton Police Department 12/12/2013 Bridgegate in New Jersey community relations 53 10/23/2013 Trenton high school art 12/7/2013 New Jersey internet 12/16/2013 Newark New Jersey fire exhibit and sports gambling 54 10/23/2013 Buono/Christie poll; 11/2/2013 Minimum wage & Sandy 12/17/2013 Bridgegate Governor's race repairs 55 10/24/2013 New Jersey foreclosures 11/30/2013 New Jersey Senator Oroho 12/17/2013 Bergen electricity outage interview 56 10/24/2013 Bridgegate 10/12/2013 Jersey City sick days 12/17/2013 Short Hills mall shooting

57 10/24/2013 Trenton environmental 10/12/2013 Montclair State University 12/18/2013 Short Hills mall shooting regulations' business impact expansion funeral 58 10/24/2013 Trenton environmental 11/23/2013 Union Beach Sandy rebuild 12/18/2013 Fair Lawn New Jersey regulations' business impact teacher reprimanded 59 10/25/2013 New Jersey pension 10/5/2013 Roxbury New Jersey high 12/19/2013 Jersey City water main break corruption school band profile 60 10/25/2013 Sandy shore impact 1 year 10/5/2013 Newark mixed-use 12/23/2013 Trenton New Jersey shooting after community profile 61 10/25/2013 New Jersey drones 10/5/2013 Jersey City protesters 12/23/2013 Short Hills mall shooting

62 10/25/2013 Christie health and income 10/5/2013 Montclair train accident 12/24/2013 Bridgegate tax records released 63 10/28/2013 Domestic Violence in New 12/7/2013 Wyckoff Christmas tree farm 12/24/2013 Brick, New Jersey theft Jersey story 64 10/28/2013 New Jersey special needs 11/16/2013 Sandy rebuild in Bergen 12/26/2013 Dead bodies in North Bergen school--corruption allegation County 65 10/28/2013 Sick day policy in Newark 10/5/2013 Blue Law repeal advocacy 12/27/2013 Newark airport trespassing

66 10/29/2013 1 year anniversary of Sandy 11/2/2013 Congressman Pascrell story 12/27/2013 Newark shooting

67 10/30/2013 Morris County New Jersey 11/16/2013 Union Beach small business 12/30/2013 Newark shooting kills 2 landfill problem owner children 68 10/30/2013 Christie's bus tour 10/19/2013 Trenton gun violence 12/30/2013 Lodi New Jersey shooting

69 10/31/2013 Booker sworn in 12/21/2013 New Jersey human 12/30/2013 Washington Township trafficking (Super Bowl) stabbing 70 10/31/2013 Christie's bus campaign tour 11/16/2013 New Jersey campuses and 12/31/2013 Union City fire Affordable Care Act 71 10/31/2013 Assemblyman in New Jersey 10/1/2013 New Jersey Senate race 12/31/2013 Lodi New Jersey shooting on speed trap 72 10/31/2013 Nurses in New Jersey 10/1/2013 New Jersey gay marriage 10/2/2013 Point Pleasant shooting schools 73 11/1/2013 Sandy fraud allegations; task 10/1/2013 Sussex County arts council 10/8/2013 Christie/Buono debate force in Monmouth County 74 11/1/2013 Christie bus tour; landfill 10/1/2013 Vernon New Jersey school 10/8/2013 Booker discusses impact in follow up develops offender database NJ of shutdown 75 11/1/2013 Christie and Romney VP 10/2/2013 Northern New Jersey mayor 10/9/2013 Christie criticism by Latino speculation hacking scandal families 76 11/1/2013 Minimum wage referendum 10/2/2013 Newark charter school 10/11/2013 Camden phone scam

77 11/4/2013 Buono/Christie campaign last 10/2/2013 New Jersey Sandy recovery 10/14/2013 Morris County police face days criticism on illegal 78 11/5/2013 New Jersey minimum wage 10/2/2013 New Jersey EPA shutdown 10/15/2013 Jersey City child debate abandonment 79 11/5/2013 Christie Wins 10/2/2013 William Paterson college 10/15/2013 Harrison New Jersey lotto radio day scam 80 11/6/2013 Ridgewood child predators 10/3/2013 New Jersey shutdown impact 10/15/2013 Special senate election coverage 81 11/6/2013 Bayonne asbestos 10/3/2013 New Jersey Assemblyman 10/16/2013 Booker/Lonegan calls for school repair 82 11/6/2013 Christie recap 10/3/2013 Bergen police plan to merge 10/17/2013 Luis Quintana becomes Newark mayor

Page 3 of 13 83 11/6/2013 Meadowlands Xanadu failure 10/3/2013 Minimum wage rises in 10/18/2013 Jersey City argues for gay Seaside marriage 84 11/7/2013 Teachers re: Christie and 10/3/2013 Statue in Newark New 10/20/2013 Booker presides over Mayor Stack Jersey marriages 85 11/7/2013 Christie and "Double Down" 10/3/2013 New Jersey motorcycle 10/21/2013 New Jersey gay marriage profile (book feature) group supports veterans advocates push for reform 86 11/8/2013 Rutgers suicide 10/3/2013 New Jersey cash for gold 10/21/2013 Jersey City mayor sick leave scam 87 11/8/2013 Garden State Mall shooting 10/4/2013 New Jersey Governor's race 10/21/2013 Buono election bid

88 11/8/2013 Christie's weight 10/4/2013 Booker/Lonegan 10/22/2013 2 people killed in Newark

89 11/8/2013 New Jersey sports trash-talk 10/4/2013 Officers in Newton meet with 10/22/2013 Ramapo coach abuse ban residents 90 11/8/2013 Lakewood New Jersey tent 10/4/2013 New Jersey Sandy damage 10/23/2013 4 people killed in Newark city (homeless) problems 91 11/11/2013 Morris County New Jersey 10/4/2013 NJIT professor fired 10/23/2013 Newark vehicular homicide trash 92 11/11/2013 Christie presidential 10/4/2013 Newark bishops change 10/24/2013 Union City attempted murder speculation 93 11/11/2013 Booker at veterans service in 10/4/2013 New Jersey government 10/24/2013 Strangled Bergen County Holmdel shutdown person 94 11/11/2013 Comic book about Jersey 10/7/2013 Moonachie Sandy aid 10/25/2013 Midland park New Jersey City Muslim suspected murder 95 11/12/2013 North Valley Regional High 10/7/2013 Seaside Heights boardwalk 10/28/2013 Halloween curfews in New School drug testing cleanup Jersey 96 11/12/2013 Christie & Booker daily 10/7/2013 Booker/Lonegan 10/29/2013 Sandy anniversary update 97 11/12/2013 New Jersey Safe Surrender 10/7/2013 Franklin New Jersey heroin 10/31/2013 Paterson New Jersey Program hailed as success arrest shooting 98 11/12/2013 Hillsdale murder 10/8/2013 Mantoloking New Jersey 10/31/2013 Booker sworn into Senate Sandy recovery 99 11/13/2013 Bridgegate 10/8/2013 Northern New Jersey storm 11/4/2013 Garden State Plaza shots cleanup reported 100 11/13/2013 Rutgers University firing 10/8/2013 Rutgers theological seminary 11/4/2013 Elizabeth, New Jersey expansion stabbing 101 11/13/2013 Christie weight loss 10/8/2013 Cedar grove New Jersey 11/5/2013 Christie for Governor holds farm election night activities 102 11/13/2013 Profiles of affluent residents 10/8/2013 Christie/Buono debate 11/5/2013 Buono campaigns of New Jersey 103 11/14/2013 Englewood Cliffs protest of 10/9/2013 New Jersey judge rules on 11/7/2013 Newark shooting LG Lauryn Hill tax conviction 104 11/14/2013 Morris County New Jersey 10/9/2013 New Jersey train accident 11/10/2013 Jersey City council trash addresses aid relief 105 11/15/2013 Priest abuse at New Jersey 10/9/2013 Booker margin over Lonegan 11/11/2013 Habitat in Newark parish shrinks 106 11/15/2013 Rand on Christie 10/9/2013 Rutgers health fair 11/12/2013 Newark mayor sworn in

107 11/18/2013 Rutgers bullying 10/9/2013 Christie 2016 speculation 11/14/2013 New Jersey pharmacist arrested 108 11/18/2013 Bridgegate 10/9/2013 New Jersey safe surrender 11/15/2013 Garden State Plaza mall program shooting 109 11/18/2013 Princeton meningitis 10/11/2013 Franklin New Jersey assault 11/16/2013 Princeton meningitis

110 11/19/2013 Paterson pothole 10/11/2013 New Jersey transit Sandy 11/18/2013 New Jersey in-state tuition recovery for undocumented persons 111 11/19/2013 Middletown New Jersey 10/11/2013 New Jersey Sandy exhibit 11/20/2013 Closter New Jersey Medicaid anthem dispute fraud 112 11/19/2013 DREAM act in New Jersey 10/11/2013 Whole Foods in Newark 11/21/2013 Clifton robbery

113 11/19/2013 Morris County New Jersey 10/11/2013 Paterson barber shop 11/21/2013 2 killed in Jersey City trash

Page 4 of 13 114 11/19/2013 New Jersey pension 10/14/2013 Dumont New Jersey train 11/21/2013 New Jersey ATV assault corruption facility 115 11/20/2013 Gambling in New Jersey 10/14/2013 Booker/Lonegan nears end 11/25/2013 Plainfield New Jersey homicide 116 11/20/2013 Plainfield discrimination suit 10/14/2013 PATH train assault in 11/25/2013 New Jersey attempted Hoboken abduction 117 11/20/2013 Governor Kean commentary 10/15/2013 West Orange New Jersey 11/26/2013 Passaic drug warrants on Christie brain injury speaker issued 118 11/20/2013 Book on Booker as Newark 10/15/2013 Gay Marriage in New Jersey 11/28/2013 Newark mayor fires Booker Mayor staffers 119 11/21/2013 New Jersey food stamps 10/15/2013 New Jersey Assembly home 12/2/2013 Off-duty officer shot in New invasion bill Jersey 120 11/21/2013 New Jersey prosecutor 10/15/2013 Seaside Heights Boardwalk 12/6/2013 Perth Amboy shooting seeks tougher drug law Cleanup 121 11/21/2013 Christie sworn in as 10/15/2013 Jersey City library buys 12/7/2013 Roselle Park stabbing Governors Association Chair books 122 11/22/2013 Christie and human 10/16/2013 Rapper Common at 12/7/2013 New Jersey healthcare.gov trafficking Monmouth State 123 11/22/2013 Wind power in New Jersey 10/16/2013 Bayer opens headquarters in 12/10/2013 Elizabeth New Jersey Whippany New Jersey immigration protest 124 11/25/2013 New Jersey student starts 10/16/2013 Caldwell Mayor Tours After 12/12/2013 Christie and tuition for 'socks for homeless' charity Storm undocumented persons 125 11/25/2013 Bridgegate 10/16/2013 Cost of New Jersey tuition 12/15/2013 Short Hills mall shooting

126 11/26/2013 New Jersey waitress's 10/16/2013 Passaic traffic from Super 12/16/2013 Short Hills mall shooting discrimination suit Bowl 127 11/26/2013 Gambling in New Jersey 10/17/2013 Hoboken cleanup post Irene 12/16/2013 Hillside New Jersey victim & Sandy gets damages from jury 128 11/26/2013 Missing New Jersey teen 10/17/2013 Branchville New Jersey 12/21/2013 Short hills car jacking narcotics arrest 129 11/26/2013 DREAM act in New Jersey 10/17/2013 Meadowlands financing 12/22/2013 Trenton New Jersey shooting

130 11/26/2013 New Jersey officer reports 10/17/2013 New Jersey corn maze 12/23/2013 Christie and tuition for violation (whistle blower) undocumented persons 131 11/26/2013 New Jersey Hall of Fame 10/17/2013 Booker wins 12/25/2013 Hoboken shelter Christmas (media figures) charity 132 11/27/2013 Booker celebrates 10/17/2013 Sandy PATH train tunnels 12/25/2013 3 dead Irvington shooting Thanksgiving 133 11/27/2013 East Rutherford rentals for 10/17/2013 Madison New Jersey art 12/26/2013 3 dead Newark shooting Super Bowl gallery 134 11/27/2013 Thanksgiving/Hanukah 10/18/2013 Pet shelter in New Jersey 12/27/2013 North New Jersey stabbing

135 11/28/2013 LG building in Englewood 10/18/2013 Same sex marriage in New 12/29/2013 Lodi New Jersey shooting Cliffs Jersey 136 11/28/2013 Hillsdale murder 10/18/2013 Newark Shop Rite 12/29/2013 Newark Councilman wants ceasefire 137 11/29/2013 Drone use in New Jersey 10/18/2013 Star-Ledger labor problems 12/29/2013 Lodi New Jersey shooting

138 11/29/2013 New Jersey doomsday 10/18/2013 Booker meets with team 12/30/2013 Newark murder spike preppers 139 11/29/2013 New Jersey foreclosures 10/21/2013 Essex County college profile 10/9/2013 New Jersey Senate debate

140 12/2/2013 George Washington Bridge 10/21/2013 Bergen football story (Don toll hike Bosco/Paramus Catholic) 141 12/2/2013 Gambling in New Jersey 10/21/2013 Newark brawl

142 12/2/2013 Christie presidential 10/21/2013 Dumont fatality speculation 143 12/2/2013 Gandolfini dedication in Park 10/21/2013 New Jersey suicides by train Ridge 144 12/3/2013 Robbinsville, New Jersey 10/21/2013 Same sex marriage in New Christmas display Jersey

Page 5 of 13 145 12/3/2013 New Jersey teen tortured out 10/21/2013 Route 53 renamed of state 146 12/3/2013 Union City cocaine case 10/22/2013 Newark paid sick days

147 12/3/2013 Secaucus New Jersey 10/22/2013 Cloverleaf in Caldwell, NJ protesters of Wal-Mart 148 12/3/2013 Booker re-election bid 10/22/2013 Christie and affordable housing 149 12/4/2013 Trash in Red Bank 10/22/2013 Warren New Jersey construction theft 150 12/4/2013 New Jersey marijuana use 10/22/2013 Sandy generators

151 12/5/2013 Mandela death impact in 10/22/2013 Climate change in New New Jersey Jersey 152 12/6/2013 New Jersey marijuana use 10/23/2013 Newark crash possibly due to texting 153 12/6/2013 New Jersey racism towards 10/23/2013 Super Bowl tourism in New Native American Jersey 154 12/9/2013 New Jersey bear hunt 10/23/2013 Assemblyman Greenwald statement 155 12/9/2013 Morris County officer lies 10/23/2013 Local New Jersey business about lyme disease offers youth recreation 156 12/9/2013 New Jersey Comptroller 10/23/2013 Newark public safety audit 157 12/9/2013 Bridgegate 10/24/2013 Buono/Christie poll

158 12/10/2013 Christie re-election recap 10/24/2013 Asbury boardwalk fire

159 12/10/2013 Newark Mayor corruption 10/24/2013 New Jersey biodiesel efforts allegation 160 12/11/2013 Menendez/Booker 10/24/2013 Passaic New Jersey art immigration reform factory 161 12/11/2013 Garden State Plaza mall 10/24/2013 Vernon New Jersey mural accident creation 162 12/11/2013 Hoboken towing widespread 10/25/2013 Union Township murder use 163 12/12/2013 BB gun law in New Jersey 10/25/2013 Sussex dog pound

164 12/12/2013 Newark Mayor discusses 10/25/2013 New Jersey license abandoned building recovery procedure 165 12/12/2013 Veterans remembered in 10/25/2013 Super Bowl preparations New Jersey 166 12/12/2013 New Jersey police officer 10/25/2013 Montclair library food fair memorial 167 12/12/2013 New Jersey Senate 10/25/2013 Christie/Buono campaign President discusses DREAM 168 12/13/2013 Bridgegate 10/28/2013 Medical Marijuana in New Jersey 169 12/13/2013 Disabled New Jersey transit 10/28/2013 Woodland park death from officer fire 170 12/13/2013 Gambling in New Jersey 10/28/2013 Sea Bright profile

171 12/16/2013 Short Hills mall shooting 10/28/2013 Moonachie--Hackensack river problem 172 12/16/2013 Pitman, NJ Freedom From 10/29/2013 Light up New Jersey Sandy Religion Christmas dispute event 173 12/16/2013 Bridgegate 10/29/2013 Union Beach Sandy recovery

174 12/16/2013 Jersey City gun violence 10/29/2013 Hoboken Sandy anniversary

175 12/17/2013 Short Hills mall shooting 10/29/2013 Hackettstown scarecrows

Page 6 of 13 176 12/17/2013 Bridgegate 10/29/2013 Moonachie Sandy story

177 12/17/2013 City hall historic safe opened 10/29/2013 Christie in Moonachie

178 12/18/2013 Short Hills mall shooting 10/29/2013 Sussex County domestic violence ribbons 179 12/18/2013 Bridgegate 10/30/2013 Sussex County farms

180 12/18/2013 Homeless in New Jersey 10/30/2013 New Jersey postpones Halloween 181 12/19/2013 DREAM act in New Jersey 10/30/2013 North Jersey kosher fest

182 12/19/2013 New Jersey Super Bowl tax 10/30/2013 Newark vehicular homicide

183 12/19/2013 Operation Chill-Out aids 10/30/2013 Jersey City library profile homeless in NJ in winter 184 12/20/2013 New Jersey Christmas 10/30/2013 Newark city council sick time dispute in Pitman 185 12/20/2013 Bridgegate 10/31/2013 NJ Div. of Consumer Affairs fines Sandy price gouging 186 12/20/2013 Bergen County alimony 10/31/2013 Booker sworn in

187 12/20/2013 Red cross in New Jersey 10/31/2013 Jersey City helipad gives gifts for Christmas 188 12/23/2013 Minimum wage increase 10/31/2013 New Jersey tree farm wins scheduled to kick in award 189 12/23/2013 Mayoral race in New Jersey 10/31/2013 Hoboken Sandy exhibit

190 12/23/2013 Super Bowl hospital issues 11/1/2013 Meadowlands financing

191 12/24/2013 Bridgegate 11/1/2013 Jersey City pedestrian safety

192 12/24/2013 New Jersey racism towards 11/1/2013 Christie continues bus tour Native American follow-up 193 12/25/2013 New Jersey charity gives 11/4/2013 New Jersey synagogues Christmas gifts bombed 194 12/26/2013 Newark murder 11/4/2013 Christie leads Buono in polls

195 12/26/2013 New Brunswick drug case 11/4/2013 New Jersey voter referenda

196 12/26/2013 New Jersey transgender bill 11/4/2013 Union township murder

197 12/26/2013 New Jersey Senate 11/4/2013 Buono's last day of campaign President on social media 198 12/27/2013 New Jersey & marijuana 11/4/2013 New Jersey battle of the bands 199 12/27/2013 Christie & possible 11/4/2013 New Jersey Safe Surrender presidential run program 200 12/27/2013 Lakewood New Jersey 11/5/2013 New Jersey native seeks homelessness Hollywood career 201 12/27/2013 New Jersey park system 11/5/2013 Christie leads Buono in poll

202 12/30/2013 Newark violence 11/5/2013 New Jersey election day story 203 12/30/2013 New Jersey corruption 11/5/2013 Garden State Plaza mall allegation over fake disability shooting 204 12/30/2013 Bridgegate 11/5/2013 Garden State Plaza mall shooting reactions 205 12/31/2013 New Jersey corruption 11/6/2013 Branchville New Jersey fire

206 11/30/2013 NJ Inc--profiled local 11/6/2013 Paterson economic businesses/success stories restoration

Page 7 of 13 207 12/28/2013 NJ Inc--profiled local 11/6/2013 Sparta New Jersey 3-D businesses/success stories printer 208 10/13/2013 NJ Now--gay marriage; 11/6/2013 Christie wins New Jersey Senate and Governor's race Governor's race 209 10/20/2013 NJ Now--1 year anniversary 11/6/2013 New Jersey minimum wage of Sandy; bishops speak increases 210 10/27/2013 NJ Now--gay marriage; 11/6/2013 Garden State Plaza mall Booker's future in DC reopens 211 11/3/2013 NJ Now--governor election; 11/6/2013 Paterson flood buyout NJ legislature party split 212 11/10/2013 NJ Now--election day recap; 11/7/2013 New Jersey AG and Safe Democrats control legislature Surrender program 213 11/17/2013 NJ Now--top issues facing 11/7/2013 New Jersey Democratic Christie; 2016 speculation Assembly Speaker replaced 214 11/24/2013 NJ Now--lame duck session; 11/7/2013 New Jersey paintball park for Christie& Senator Kean fight youths 215 12/1/2013 NJ Now--lame duck session; 11/7/2013 Hoboken police department Christie& Senator Kean fight replaces cars 216 12/8/2013 NJ Now--2016 speculation; 11/7/2013 Hackettstown pedestrian Christie staff selections concerns 217 12/15/2013 NJ Now--gun control in NJ 11/7/2013 New Jersey 8th graders post Sandy Hook excel on standardized tests 218 12/22/2013 NJ Now--carjacking at Short 11/7/2013 New Jersey Garden State Hills; Bridgegate Plaza shooting 219 12/29/2013 NJ Now--2013 political 11/8/2013 Congressman Pallone visits stories recap; 2014 forecast Sandy site 220 11/8/2013 Montclair mental health facility build out 221 11/8/2013 Habitat for Humanity in Newark 222 11/8/2013 Englewood prostitution

223 11/8/2013 Family of Rutgers suicide victim visits campus 224 11/8/2013 Hoboken wins pedestrian- friendly award 225 11/8/2013 2 democrats elected in North Haledon New Jersey 226 11/11/2013 New Jersey medal of honor recipient on stamp 227 11/11/2013 Parsippany cancer walk

228 11/11/2013 Bayonne New Jersey bridge construction 229 11/11/2013 Newark councilwoman ethics violation inquiry 230 11/11/2013 Hopatcong firemen's park layout 231 11/11/2013 Habitat for Humanity in Newark 232 11/11/2013 New Jersey affordable housing issues 233 11/11/2013 Garden State Plaza mall security enhanced 234 11/12/2013 Buono re-election thoughts

235 11/12/2013 Aid from New Jersey Filipinos 236 11/13/2013 New Jersey texting while driving bill 237 11/13/2013 Reactions in New Jersey to typhoon

Page 8 of 13 238 11/13/2013 Branchville fire

239 11/13/2013 Jersey Cares coat drive

240 11/13/2013 LG HQ plan in Englewood Cliffs 241 11/14/2013 LG construction begins in Englewood Cliffs 242 11/14/2013 Assemblyman Rumana opposes reform 243 11/14/2013 Hackettstown campaign

244 11/14/2013 Fire in Passaic

245 11/14/2013 Gambling in New Jersey

246 11/15/2013 Flights to Atlantic City planned 247 11/15/2013 New Jersey Philippines relief

248 11/15/2013 Park Ridge renames street after Gandolfini 249 11/15/2013 Sussex heroin arrests

250 11/15/2013 Sen. Lesniak aims to draw filmmakers with bill 251 11/18/2013 Grants for Sandy recovery in New Jersey 252 11/18/2013 Fairfield shooting

253 11/18/2013 Super Bowl power problems

254 11/18/2013 Kean University plagiarism

255 11/18/2013 Toms River shooting

256 11/18/2013 Newark paid sick day

257 11/20/2013 Newark and Mount Laurel citizenship ceremonies 258 11/20/2013 Hoboken PATH crime

259 11/20/2013 New Jersey turnpike authority budget 260 11/20/2013 Victor Cruz in Paterson New Jersey 261 11/20/2013 Group home in Lafayette New Jersey 262 11/21/2013 New Jersey internet gambling 263 11/21/2013 Hopatcong New Jersey local business profile 264 11/21/2013 Wyckoff Christmas tree farm story 265 11/21/2013 NJ Council of Economic Advisors back tax cut 266 11/21/2013 Teaneck cinema renovation

267 11/22/2013 Sealing off of Super Bowl complex 268 11/22/2013 Smartphone purchases in Raritan

Page 9 of 13 269 11/22/2013 West Caldwell poor state high school results 270 11/22/2013 Human trafficking at Super Bowl 271 11/25/2013 Bridgegate hearing

272 11/25/2013 Burglary in Wyckoff

273 11/25/2013 Elizabeth New Jersey fire

274 11/27/2013 Mantoloking New Jersey plans to borrow money 275 11/27/2013 New Jersey health exchange and subsidy rate 276 11/27/2013 Booker visits school; food donation 277 11/27/2013 Princeton meningitis

278 11/27/2013 New Jersey Keep it Green coalition seeks funding 279 11/27/2013 Newark Liberty Airport wait times 280 11/29/2013 Red Cross in Fairfield New Jersey 281 11/29/2013 New Jersey organ donors

282 11/29/2013 Union Beach insurance problems from Sandy 283 11/29/2013 Newark cheerleaders compete nationally 284 11/29/2013 Jersey City fire

285 12/2/2013 Mantoloking New Jersey constructs sea walls 286 12/3/2013 Booker quiet in senate

287 12/3/2013 Ridgewood funeral

288 12/3/2013 Ft Lee hit and run

289 12/3/2013 Gambling in New Jersey among young adults 290 11/20/2013 Centenary College of New Jersey's NCAA bid in soccer 291 12/4/2013 Christie's second inauguration 292 12/4/2013 New Brunswick fire

293 12/4/2013 Jersey City mayor holds lighting event 294 12/4/2013 Passaic prosecutor reports elevated teen drug use 295 12/4/2013 Rutgers gets new VP

296 12/4/2013 Newark budget audit

297 12/5/2013 Online gambling in New Jersey 298 12/5/2013 New Jersey online harassment bill 299 12/5/2013 Asbury Park shootings

Page 10 of 13 300 12/5/2013 Bloomfield New Jersey police department toy drive 301 12/5/2013 Designer drugs in New Jersey 302 12/5/2013 New Jersey senior art show winners 303 12/6/2013 Jersey City Mandela mural

304 12/6/2013 New Jersey black bear hunt

305 12/6/2013 Cost of New Jersey Super Bowl 306 12/6/2013 New Jersey governor's service program 307 12/6/2013 New Jersey crime rates on decline 308 12/6/2013 Newton New Jersey shoplifting 309 12/9/2013 Essex democrat supports Christie 310 12/9/2013 Rutgers studies cockroaches

311 12/9/2013 2013 New Jersey black bear hunt 312 12/10/2013 Hackettstown Historical Society 313 12/10/2013 New Jersey Assemblyman opposes criminal record bill 314 12/10/2013 Newark tree lighting

315 12/10/2013 New Jersey bear hunt protester arrested 316 12/10/2013 Princeton meningitis update

317 12/10/2013 Black bear hunt recap

318 12/10/2013 Super Bowl transportation

319 12/10/2013 First snow in Morris County

320 12/11/2013 Blair Academy toy drive

321 12/11/2013 Bridgegate retaliation accusations 322 12/11/2013 Newark Mandela service

323 12/12/2013 Assemblyman Johnson backs DREAM act 324 12/12/2013 New Jersey soup kitchen profiled 325 12/12/2013 New Jersey health exchange data 326 12/12/2013 Internet gambling -- application suspended 327 12/12/2013 New Jersey open space proposals considered 328 12/12/2013 Hoboken police department toy drive 329 12/13/2013 New Jersey medical marijuana 330 12/13/2013 Princeton uses experimental vaccine for meningitis

Page 11 of 13 331 12/13/2013 New Jersey black bear hunt ends 332 12/13/2013 New Jersey stronger than the storm ads 333 12/13/2013 Saint Peters University Hospital charity 334 12/13/2013 Sparta New Jersey youth police program 335 12/16/2013 Short Hills Mall skittishness

336 12/16/2013 Jersey City mayor opens safe 337 12/16/2013 Fewer bears killed in New Jersey bear hunt 338 12/16/2013 New Jersey transit Santa event (Santa on train) 339 12/17/2013 Franklin jewelry store purchases stolen goods 340 12/17/2013 South Orange New Jersey carjacking 341 12/17/2013 Short Hills mall funeral

342 12/17/2013 Trenton Christmas tree

343 12/17/2013 Program to attract doctors to New Jersey 344 12/17/2013 Newton New Jersey art event

345 12/18/2013 Christie works with charity

346 12/18/2013 University Hospital Newark kidney donors 347 12/18/2013 New Jersey mug shot bill

348 12/18/2013 New Jersey Treasury reports revenues 349 12/18/2013 Fort Lee police department bungles arrest 350 12/18/2013 Newark food stamps rally

351 12/19/2013 Farmland Diaries in Wallington closes 352 12/19/2013 New Jersey immigrant tuition bill 353 12/20/2013 New Jersey medical marijuana bill 354 12/20/2013 New Jersey record warmth

355 12/20/2013 Bear hunt final numbers

356 12/20/2013 Christie immigrant tuition bill

357 12/20/2013 Employee impact of Farmland Diaries' closing 358 12/20/2013 Newark charter schools protested 359 12/23/2013 Newton New Jersey toy drive

360 12/23/2013 Christie in-state tuition bill signed 361 12/23/2013 Newark school construction and repairs

Page 12 of 13 362 12/23/2013 Jersey City toy drive

363 12/24/2013 Newark homelessness report

364 12/24/2013 Short Hills shooting charge dismissed 365 12/24/2013 New Jersey Senate spending and cuts 366 12/24/2013 Essex juvenile facility wins award 367 12/25/2013 New Jersey psych. assoc. applauds mental health law 368 12/25/2013 Hoboken high school championship 369 12/25/2013 New Jersey hurricane vulnerability assessment 370 12/26/2013 New Jersey diabetes center profile 371 12/26/2013 New Jersey Kwanzaa

372 12/26/2013 Bridgegate follow-up

373 12/26/2013 Meadowlands New Jersey plant study 374 12/26/2013 Newark shootings take 3 victims 375 12/27/2013 Washington Township stabbing 376 12/27/2013 Denville New Jersey ice accident 377 12/27/2013 New Jersey medical marijuana advocates 378 12/27/2013 New Jersey opioid replacement therapy plan 379 12/27/2013 Newark airport trespassing

380 12/30/2013 Newark violence--son dies

381 12/30/2013 New Jersey minimum wage increases 382 12/30/2013 Washington Township stabbing funeral 383 12/30/2013 Bridgegate subpoenas

384 12/31/2013 Newark shooting death vigil

385 12/31/2013 Franklin New Jersey heroin bust 386 12/31/2013 Newark car jackings on rise

387 12/31/2013 Jersey City officers honored

388 12/31/2013 North Haledon mayor corruption inquiry ends

TOTALS 219 WWOR New Jersey-Centric 388 WMBC New Jersey-Centric 139 WNJU New Jersey-Centric 27 WXTV New Jersey-Centric 3 WFUT New Jersey-Centric Stories Stories Stories Stories Stories

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