FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,189
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Federal Communications Commission
Washington, D.C. 20554
Released: April 8, 2011
ACME Television, Inc.
c/o Lewis J. Paper, Esq.
Dickstein Shapiro LLP
1850 Eye Street, NW
Washington, DC 20006-5403
LIN of Wisconsin, LLC
c/o William H. Fitz, Esq.
Covington & Burling LLP
1201 Pennsylvania Ave., NW
Washington, DC 20004
Time Warner Cable Inc.
c/o Matthew A. Brill
Latham & Watkins LLP
555 Eleventh St., NW
Washington, DC 20004
Re: WCWF(DT), Suring, WI, ID No. 73042,
File No. BALCDT-20100917AAF.
This is in regard to the application to assign the license of digital television station WCWF(DT),' Suring,
Wisconsin, from ACME Television, Inc. ("ACME") to LIN Television of Wisconsin, LLC ( "LIN").
WCWF(DT) is assigned to the Green Bay-Appleton, Wisconsin Designated Market Area ("DMA") and
LIN is the licensee of WLUK-TV, the FOX affiliate in Green Bay. The applicants have requested a
waiver of Section 73.3555(b)(2)2 of the Commission's Rules, the local television multiple ownership rule
or duopoly rule under the "failing station" waiver standard. A petition to deny the assignment was filed
by Time Warner Cable Inc. ("TWC") and oppositions were filed by LIN and ACME, with a reply filed by
TWC.' For the reasons stated below, we deny the petition, grant the waiver, and grant the application.
Background. TWC has raised two issues in its petition to deny. First, it contends that grant of the
assignment application and the requested waiver would permit a single entity, LIN, to negotiate
retransmission consent for two stations in the same market. TWC argues that this would be improper and
'At the time the application was filed the station's call letters were W1WB(TV).
47 C.F.R. 73.3555(bX2).
SA response to the reply was filed by ACME outside of the pleading cycle. Because it addresses arguments raised
for the first time in the reply, we will consider it here.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/361/: accessed January 17, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.