Before the FCC OOM-32
"'R~~OMMUNICATIONSCOMMISSION 00163
Washington, D.C. 20554
In reAppl~tionsof ) MM Docket No. 99-153
)
READING BROADCASTING, INC. ) File No. BPCT-940407KF
)
For Renewal ofLicense of )
Station WTVE(TV), Channel 51 )
Reading, Pennsylvania )
)
and )
)
ADAMS COMMUNICATIONS CORPORATION) File No. BPCT-940630KG
)
For Construction Permit for a New )
Television Station to Operate on )
Channel 51, Reading, Pennsylvania )
ORDER
Issued: May 10,2000 Released: May 12,2000
Various rulings on discovery were made at a Prehearing Conference that was held
on May 8, 2000.
1
On April 3, 2000, Reading Broadcasting, Inc. ("Reading") and the Enforcement
Bureau ("Bureau") filed and served joint Interrogatories and Document Request related
to the abuse ofprocess issue added against Adams Communications Corporation
("Adams"). On April 19,2000, Adams filed and served Objections to certain ofthe
interrogatory questions and certain ofthe document requests. On April 26, 2000,
Reading filed and served a Motion to Compel. On May 3, 2000, Adams filed an
Opposition to Motion to Compel.
A stated purpose ofthe Prehearing Conference ofMay 8, 2000 was to hear
arguments on interrogatories and document requests that were objected to by Adams or
that were alleged to be only partially answered or provided. See Order FCC 00M-30,
issued May 5, 2000. For the most part, the objections ofAdams were rectified through
discussion about interpretations. Rulings generally favored more specific answers and a
broader production ofdocuments. Such rulings were made on-the-record and shall not be
repeated here. See 47 C.F.R. §1.298(b).
1 See related Order FCC 00M-31, issued May 9, 2000.
2
Adams was instructed to submit a Status Report on its supplemented answers and
document production. Adams must also file and serve a privileged document log
describing the documents withheld which are responsive but which are claimed to be
privileged?
Rulings
IT IS ORDERED that Reading Broadcasting Inc.'s Motion to Compel Answers to
Interrogatories and Responses to Requests for Production ofDocuments Directed to
Adams Communications Corporation, in accordance with discussions and rulings at
Prehearing Conference, IS GRANTED in part and IS DENIED in part.
IT IS FURTHER ORDERED that Adams Communications SHALL FILE AND
SUBMIT a Status Report on Discovery by 12:00 noon on May 12, 2000.
IT IS FURTHER ORDERED that Adams Communications Corporation SHALL
FILE AND SERVE a Privileged Document Log and Points and Authorities on privileges
asserted by close ofbusiness on May 15, 2000, and also shall submit copies ofthe
documents claimed privileged under separate cover to the Presiding Judge for in camera
review by 12:00 noon on May 16,2000.
IT IS FURTHER ORDERED that Reading Broadcasting, Inc. shall file a
responsive pleading to privilege claims by 12:00 noon on May 18, 2000.
FEDERAL COMMUNICAnONS COMMISSION
3
Richard L. Sippel
Administrative Law Judge
2 The Reading/Bureau instructions to the Request for Interrogatories and the Request for
Documents provide the information needed to adequately assess application ofa
privilege. In the interest ofexpediting this discovery, ifAdams sees fit to waive any
asserted privilege, such waiver will apply only to this particular discovery production and
not to any other aspect ofthe case (Dkt. No. 99-153).
3 Copies ofthis Order were e-mailed to all counsel on the date ofissuance. Compliance
with time sensitive pleadings should be met by faxing copies to the Presiding Judge.