Federal Communications Commission Before the Federal Communications Commission Washington, D




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Before the

Federal Communications Commission

Washington, D.C. 20554



In the Matter of
General Motors Corporation and Hughes Electronics Corporation, Transferors
And
The News Corporation Limited, Transferee
For Authority to Transfer Control


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MB Docket No. 03-124





ERRATUM
Released: January 23, 2004
By the Chief, Media Bureau:

  1. On January 14, 2004, the Commission released a Memorandum Opinion and Order in the above-referenced proceeding in which it granted consent to the proposed transfer of control over various Commission licenses and authorizations, including direct broadcast satellite and fixed satellite space station, earth station, and terrestrial wireless authorizations held by Hughes Electronics Corporation and its wholly- or majority-owned subsidiaries to The News Corporation Limited.1 This Errata corrects the following errors in the released document:

  2. The first sentence in footnote 378 is amended to add to clause (ii) the words: “holds an attributable Interest, provided that News Corp. or DirecTV” after the word “DirecTV” and preceding the word “has,” so that the amended sentence read as follows: “‛Affiliated Program Rights Holder’ includes (i) a program rights holder in which News Corp. or DirecTV holds a non-controlling ‘Attributable Interest’ (as determined by the FCC’s program access attribution rules); and (ii) a program rights holder in which an entity holding a non-controlling Attributable Interest in News Corp. or DirecTV holds an Attributable Interest, provided that News Corp. or DirecTV has actual knowledge of such entity’s Attributable Interest in such program rights holder.”

  3. The sixth bullet point under paragraph 127 of the Memorandum Opinion and Order is amended to delete the words “or (2) if these commitments are embodied in a consent decree or other appropriate order issued by or agreement with the DOJ, FTC or FCC, for the term specified by such consent decree, order or agreement” and combined with the first sentence of paragraph 128 so that the amended sixth bullet point reads as follows: “These commitments will apply to News Corp. and DirecTV for as long as the FCC deems News Corp. to have an Attributable Interest in DirecTV and the FCC’s program access rules applicable to satellite cable programming vendors affiliated with cable operators are in effect (provided that if the program access rules are modified these commitments shall be modified to conform to any revised rules adopted by the FCC).” Footnote 381 in its original form will be associated with this amended bullet point.

  4. Footnote 494 of the MO&O is amended to delete the words, “and, given the variation in terms of RSN contracts, should give the Commission sufficient experience and data to evaluate the success and continued need for the condition,” so that the amended footnote 494 reads as follows: “The six-year period is parallel to that for the analogous condition on retransmission consent.”

  5. In Appendix F, the first sentence in footnote 1 is amended to add to clause (ii) the words: “holds an attributable Interest, provided that News Corp. or DirecTV” after the word “DirecTV” and preceding the word “has,” so that the amended sentence reads as follows: “‛Affiliated Program Rights Holder’ includes (i) a program rights holder in which News Corp. or DirecTV holds a non-controlling ‘Attributable Interest’ (as determined by the FCC’s program access attribution rules); and (ii) a program rights holder in which an entity holding a non-controlling Attributable Interest in News Corp. or DirecTV holds an Attributable Interest, provided that News Corp. or DirecTV has actual knowledge of such entity’s Attributable Interest in such program rights holder.”

  6. In Appendix F, the sixth and seventh bullet points under Heading II are consolidated into a single bullet point, and the words “or (2) if these commitments are embodied in a consent decree or other appropriate order issued by or agreement with the DOJ, FTC or FCC, for the term specified by such consent decree, order or agreement” shall be deleted so that the amended sixth bullet point reads as follows: “These commitments will apply to News Corp. and DirecTV for as long as the FCC deems News Corp. to have an Attributable Interest in DirecTV and the FCC’s program access rules applicable to satellite cable programming vendors affiliated with cable operators remain in effect (provided that if the program access rules are modified these commitments shall be modified to conform to any revised rules adopted by the FCC).” Footnote 2 of Appendix F in its original form will be associated with this amended bullet point.

  7. In Appendix F, the bullet point under the subheading “Non-discriminatory Access to Local Broadcast Television Station Signals” under Heading IV of the Conditions set forth in Appendix F is amended to delete the words, “access to” between “regarding” and “non-discriminatory” so that the amended bullet point reads as follows: “The non-discrimination commitments that News Corp. has proposed and we have imposed as conditions regarding non-discriminatory access to satellite cable programming networks are extended to any broadcast station that News Corp. owns and operates or on whose behalf it negotiates retransmission consent.”

    FEDERAL COMMUNICATIONS COMMISSION

    W. Kenneth Ferree

    Chief, Media Bureau





1 General Motors Corporation, Hughes Electronics Corporation, and The News Corporation Limited, FCC 03-330 (rel. Jan. 14, 2004) (Memorandum Opinion and Order).





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