[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-12511] [[Page Unknown]] [Federal Register: May 23, 1994] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [CS Docket No. 94-44; DA 94-459] Cable Television Service; List of Major Television Markets AGENCY: Federal Communications Commission. ACTION: Proposed rule.. ----------------------------------------------------------------------- SUMMARY: The Commission invites comments on its proposal, initiated by a request filed by LeSEA Broadcasting Corporation, the licensee of television station KWHD (TV), Castle Rock, Colorado, to amend the Commission's Rules to add the community of Castle Rock, Colorado, to the Denver , Colorado television market. This action is taken to test the proposal for market hyphenation through the record established based on comments filed by interested parties. DATES: Comments are due on or before July 7, 1994, and reply comments are due on or before July 22, 1994. ADDRESSES: Federal Communications Commission, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Alan E. Aronowitz, (202) 632-7792. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Notice of Proposed Rule Making, CS Docket No. 94-44, adopted May 5, 1994, and released May 16, 1994. The complete text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (room 239), 1919 M Street, NW., Washington, DC 20554, and may be purchased from the Commission's copy contractor, International Transcription Service, (202) 857-3800, 2100 M Street, NW., Washington, DC 20037. Synopsis of the Notice of Proposed Rule Making 1. The Commission, in response to a Petition for Rulemaking filed by the petitioner, proposed to amend Section 76.51 of the Rules to add the community of Castle Rock, Colorado, to the Denver television market. 2. In evaluating past requests for hyphenation of a market, the Commission has considered the following factors as relevant to its examination: (1) the distance between the existing designated communities and the community proposed to be added to the designation; (2) whether cable carriage, if afforded to the subject station, would extend to areas beyond its Grade B signal coverage area; (3) the presence of a clear showing of a particularized need by the station requesting the change of market designation; and (4) an indication of benefit to the public from the proposed change. Each of these factors helps the Commission to evaluate individual market conditions consistent ``with the underlying competitive purpose of the market hyphenation rule to delineate areas where stations can and do, both actually and logically, compete.'' 3. Based on the facts presented, the Commission believes that a sufficient case for redesignation of the subject market has been set forth so that this proposal should be tested through the rulemaking process, including the comments of interested parties. It appears from the information before us that the television stations licensed to Denver and Castle Rock do compete for audiences and advertisers throughout much of the proposed combined market area, and that evidence has been presented tending to demonstrate commonality between the proposed community to be added to a market designation and the market as a whole. Moreover, the petitioner's proposal appears to be consistent with the Commission's policies regarding redesignation of a hyphenated television market. Initial Regulatory Flexibility Analysis 4. The Commission certifies that the Regulatory Flexibility Act of 1980 does not apply to this rulemaking proceeding because if the proposed rule amendment is promulgated, there will not be a significant economic impact on a substantial number of small business entities, as defined by Section 601(3) of the Regulatory Flexibility Act. A few cable television system operators will be affected by the proposed rule amendment. The Secretary shall send a copy of this Notice of Proposed Rule Making, including the certification, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with paragraph 603(a) of the Regulatory Flexibility Act. Public Law 96-354, 94 Stat.1164, 5 U.S.C. 601 et seq. (1981). Ex Parte 5. This is a non-restricted notice and comment rulemaking proceeding. Ex parte presentations are permitted, provided they are disclosed as provided in the Commission's Rules. See generally 47 CFR 1.1202, 1.1203 and 1.1206(a). Comment Dates 6. Pursuant to applicable procedures set forth in Secs. 1.415 and 1.419 of the Commission's Rules, interested parties may file comments on or before July 7, 1994, and reply comments on or before July 22, 1994. All relevant and timely comments will be considered before final action is taken in this proceeding. To file formally in this proceeding, participants must file an original and four copies of all comment, reply comments, and supporting comments. If participants want each Commissioner to receive a personal copy of their comments, an original plus nine copies must be filed. Comments and reply comments should be sent to the Office of the Secretary, Federal Communications Commission, Washington, DC 20554. Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center (room 239) of the Federal Communications Commission, 1919 M Street, NW., Washington, DC 20554. 7. Accordingly, this action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by Sec. 0.321 of the Commission's Rules. List of Subjects in 47 CFR Part 76 Cable television. Federal Communications Commission. William H. Johnson, Deputy Chief, Cable Services Bureau. [FR Doc. 94-12511 Filed 5-20-94; 8:45 am] BILLING CODE 6712-01-M