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He was working in the paddock here when Deason called him to see the nugget . While Alliance submitted affidavits from a few individuals who viewed several hours of programming on WPCB-TV and were critical of the content of the programs , we find these affidavits insufficient to support an allegation that Cornerstone " has offered such nominal levels of responsive programming as to have effectively defaulted on its obligation to contribute to the discussion of issues facing its community . Among other remedies , the New York Times is seeking to apply the common law tort of misappropriation . Rather , when a defendant files such a motion , the district court has a duty to make a preliminary examination of the motion to determine if substantial issues of law or fact are raised . The Commission will defer to the broadcaster 's judgment regarding its issue-responsive programming absent a showing that " the broadcaster was unreasonable or discriminatory in its selection of issues or that the licensee has offered such nominal levels of responsive programming as to have effectively defaulted on its obligation to contribute to the discussion of issues facing its community . Further information on how to recycle waste can be obtained by contacting Estates & Buildings .