FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,881
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Federal Communications Commission
fulfill online political filing obligations and to address any implementation issues.22 Accordingly, it asks
for additional time to begin uploading its online political file in accordance with the implementation
schedule established for small market and non-affiliate stations.23
9. Pursuant to section 1.3 of the Commission's rules, the Commission may waive any provision
of its rules if it determines that good cause has been shown.4 We conclude that Petitioner has
demonstrated good cause for a waiver. WHAG has shown that it serves - and has served - a smaller
market, Hagerstown, Maryland,"s and that it is not the primary network-affiliate in the Washington, DC
market.26 In 1998, the Commission granted WHAG's request that it be treated as a "remaining market
station" (a station falling outside the top 100 markets as ranked by Nielsen) for purposes of paying its
regulatory fees, and WHAG continues to be treated like a small market station for regulatory fee purposes
today.27 Accordingly, requiring it to meet the same implementation deadline as the top affiliates in the
top 50 markets would run counter to the rationale underlying the exemption for smaller market stations
and would be inconsistent with the public interest.28 Petitioner has therefore shown that good cause exists
for grant of the instant waiver request. We will therefore waive compliance with the requirement that
WHAG post its political file documents online, pursuant to Section 73.1943(d) of the Commission's
rules, until July 1, 2014. We stress that WHAG remains subject to the other requirements of the
Enhanced Disclosure Report and Order, including the requirement to begin posting other public file
documents online on August 2, 2012.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to Section 1.3 of the Commission's rules, 47
C.F.R. 1.3 the request for waiver filed by Nexstar Broadcasting, Inc., licensee of television station
WHAG-TV, Hagerstown, MD (Facility ID No. 25045), IS GRANTED to the extent described above.
22 Id. at 2.
2Id at 3.
4 See 47 C.F.R. 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make
strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164,
1166 (D.C. Cir. 1990)(Northeast Cellular). In addition, the Commission may take into account considerations of
hardship, equity, or more effective implementation of overall policy on an individual basis. WAIT Radio v. FCC,
418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied 409 U.S. 1027 (1972); Northeast Cellular, 897 F.2d at 1166.
Waiver of the Commission's rules is therefore appropriate only if special circumstances warrant a deviation from the
general rule, and such deviation will serve the public interest. Northeast Cellular, 897 F.2d at 1166.
2 See supra IN 6-7.
' See supra 5.
27 See supra note 19.
28 See supra 3.
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/48/: accessed August 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.