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Lawmakers Call On FCC to Investigate Fox News' Attempts to Move WWOR T.V. Out of New JerseyFriday, September 10, 2004WASHINGTON, DC – Several New Jersey lawmakers today wrote to the Federal Communications Commission (FCC) to investigate the decision by Fox News to move WWOR TV from New Jersey to New York City, which will hurt New Jersey residents by further reducing the amount of coverage of local news and events. WWOR is the only VHF commercial television station in the State. United Senators Frank R. Lautenberg, Jon S. Corzine and Congressmen Steve Rothman, Robert Menendez, Rush Holt, Donald Payne and Bill Pascrell signed the letter sent to FCC Chairman Michael Powell. "It is imperative that the FCC evaluates this relocation before relocation plans are fully implemented and New Jersey residents are irrevocably harmed. As New Jersey's only commercial VHF television station, WWOR has greater special service obligations to serve New Jersey than its New York City or Philadelphia counterparts because unlike the other stations its primary community of license is northern New Jersey," the lawmakers wrote. WWOR TV has been serving the residents of New Jersey since 1983, and has been one of the most respected television stations in the State, providing a variety of programs and news. "In light of the impending completion date of WWOR's relocation to New York City, we request that the Commission open an investigation to review this matter carefully, obtain additional information from the licensee regarding its proposed move, and determine whether the relocation is in compliance with WWOR's special service obligations to the people of New Jersey," the lawmakers stated in the letter to Mr. Powell. A copy of the letter is attached to this release. September 9, 2004 The Honorable Michael K. Powell Chairman Federal Communications Commission 445 12th Street, S.W. Washington, DC 20554 Dear Chairman Powell: Thank you for your April 2, 2004 letter responding to our concerns related to plans by Fox Television, the licensee of Station WWOR-TV, Secaucus, New Jersey, to move a substantial portion of its operations to New York City. We are now writing to request that the Federal Communications Commission (FCC) open a formal investigation to determine the facts respecting the nature and extent of the relocation of WWOR's facilities and operations, and whether it is in compliance with WWOR's special service obligations to the people of New Jersey. In your April 2, 2004 letter, you stated that "[i]n light of the long-standing special service requirements concerning broadcast television stations in New Jersey, the Commission would want to ensure that any relocation of WWOR's facilities is consistent with these requirements and the policies that motivated them." You acknowledged, however, that [t]he Commission has not received any information from Fox Television concerning the possible relocation of WWOR television to New York City." It is imperative that the FCC evaluates this relocation before relocation plans are fully implemented and New Jersey residents are irrevocably harmed. As New Jersey's only commercial VHF television station, WWOR has greater special service obligations to serve New Jersey than its New York City or Philadelphia counterparts because unlike the other stations its primary community of license is northern New Jersey. As the Commission stated in its 1983 Order Reallocating WOR-TV, "[t]he reallocation of a license to New Jersey will mean that the licenseholder will move its studio and offices to New Jersey and operate in New Jersey for the benefit of the people in [the] State….This station will not be a New Jersey station in name only. It will serve the people of New Jersey." (Channel 9 Reallocation (WOR-TV), 53 RR 2d 469 [1983]), quoting 128 Cong. Rec. 10946 (daily edition) August 3, 1982 (remarks of Senator Bradley). The Commission further stated that "the lack of a VHF television service to this highly populated area of northern New Jersey presented a unique set of circumstances, wherein special obligations have been imposed on all New York City and Philadelphia TV stations. Accordingly, we expect [Channel 9 licenseholder] to perform a higher degree of service to its Grade B coverage area than is normally required of a broadcast licensee." Despite this clear statement of congressional intent and FCC policy, Fox Television now intends to move the station back to New York City. Jim Clayton, General Manager of Stations WWOR-TV and WNYW-TV, asserts that he was hired in 2001, just before Fox Television's purchase of WWOR-TV, explicitly to create a duopoly and move WWOR-TV to New York City. He has committed only to a minimal level of newsgathering and news coverage for New Jersey, such as breaking news and three regular programs. Mr. Clayton claims that a "news bureau" will remain in Secaucus, New Jersey. By his numbers, the news bureau in New Jersey will consist of 5 people: one reporter, one assistant, one shooter, one editor, and one producer. All news anchors and news management will move to New York City. These numbers are astonishing, and raise serious questions about the ability of this station to serve the local needs of New Jerseyans adequately. Mr. Clayton, while making it clear that he does not speak for Fox on legal matters, also shared with us his understanding that Fox legal counsel believes the company is at liberty to move WWOR-TV station operations within 15 miles, without demonstrating any facts or assurances to FCC, and that Fox plans to notify the FCC after the move is complete. Fox anticipates completion of its move as early as April 2005. In light of the impending completion date of WWOR's relocation to New York City, we request that the Commission open an investigation to review this matter carefully, obtain additional information from the licensee regarding its proposed move, and determine whether the relocation is in compliance with WWOR's special service obligations to the people of New Jersey. Thank you for your prompt attention to this important matter. Sincerely, Senator Frank R. Lautenberg Senator Jon S. Corzine Representative Steven R. Rothman Representative Robert Menendez Representative Rush D. Holt Representative Donald Payne Representative Bill Pascrell
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