Proceeding Terminated

By the Commission: Chairman Kennard issuing a statement; Commissioner Powell
concurring in the result

Pursuant to the D.C. Circuit Court of Appeals' order in RTNDA v. FCC, 229 F. 3rrd 269 (D.C. Cir 2000), we hereby repeal Sections 73.1920 and 73.1930 of our rules, 47 C.F.R. @@ 73.1920, 73.1930, the broadcast personal attack and political editorial rules. Further, in light of these actions, we vacate our Order and Request to Update Record released October 4, 2000 (FCC 00-360) and terminate this proceeding.

2. We also repeal the personal attack and political editorial rules that apply to cable television operators. 47 C.F.R. @@ 76.209(b), (c), and (d). Although these rules were not specifically cited in the proceeding before the Court of Appeals in RTNDA, they are identical to those rules in all material respects. The potential elimination of these rules was raised in a Notice of Proposed Rule Making in MM Docket No. 83-331, 48 Fed. Reg. 26471 (June 8,1 983), and was specifically addressed in a 1996 request for further information i n the instant docket, MM Docket No. 83-484, 48 Fed. Reg. 28295 (June 21, 1983). Given the delay in concluding these proceedings and the Court of Appeals' decision, we also vacate these identical cable television rules placed at issue in MM Docket No. 83-331. We do so on the procedural grounds set forth in the Court of Appeals' decision in RTNDA, without expressing any conclusion as to the substantive issues underlying these rules. As the Court of Appeals noted, "of course, the Commission may institute a new rule-making proceeding to determine whether, consistent with constitutional constraints,the public interest requires the personal attack and political editorial rules." RTNDA, slip op. at 4. With respect to the personal attack and political editorial rules, "these are issues that the court has yet to decide."Id.

3. Accordingly, IT IS ORDERED that Sections 73.1920, 73.1930 and 76.209(b), (c), and (d) of the Commission's rules, 47 C.F.R. @@ 73.1920, 73.1930, 76.209(b), (c), (d) ARE REPEALED upon the adoption of this Order.

4. IT IS FURTHER ORDERED that the Commission's rules ARE AMENDED as set forth in Appendix A.

5. IT IS FURTHER ORDERED that the Order and Request to Update Record, FCC 00-360 (rel. Oct. 4, 2000) IS VACATED.

6. IT IS FURTHER ORDERED that this proceeding IS TERMINATED.

7. This action is taken pursuant to Sections 4(i), 4(j) and 303 of the Communications Act of 1934, as amended, 47 U.S.C. @@ 154(i), 154(j), and 303.

Magalie Roman Salas

Secretary

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School of Journalism and Communication