[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Proposed Rules]
[Pages 1888-1889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-960]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[CS Docket No. 95-178; FCC 95-489]
Cable Television Service; Definitions for Purposes of the Cable
Television Must-Carry Rules
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking
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SUMMARY: The Commission, through this action, invites comments on a
revised market definition process for purposes of the cable television
broadcast signal carriage rules. The current process uses the Arbitron
``Area of Dominant Influence'' (``ADI'') as the applicable market
definition. The Commission anticipated that Arbitron ADI market
definitions would continue to be revised annually and that new maps
would be available for use every three years coincident with the
triennial must-carry/retransmission consent election cycle. However,
the next election must be made by October 1, 1996, and Arbitron has
ceased updating its ADI market list. Therefore, the Commission proposes
to retain the existing market definition process for the next must-
carry/retransmission consent election.
DATES: Comments are due on or before February 5, 1996 and reply
comments are due on or before February 26, 1996.
ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.
FOR FURTHER INFORMATION, CONTACT: John Adams or Marcia Glauberman,
Cable Services Bureau (202) 416-0800.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rulemaking, CS Docket No. 95-178, adopted December
5, 1995 and released December 8, 1995. The full text of this decision
is available for inspection and copying during normal business hours in
the FCC Reference Center (room 239), 1919 M Street NW., Washington,
D.C. 20554, and may be purchased from the Commission's copy contractor,
International Transcription Service (202) 857-3800, 1919 M Street NW.,
Washington, D.C. 20554.
Synopsis of the Notice of Proposed Rulemaking
1. The Commission, on its own motion, proposes to retain the
existing market definitions for the next must-carry/retransmission
consent election. The next election must be made by October 1, 1996.
2. In light of the fact that Arbitron has ceased its designation
and publication of ADI market areas, a new mechanism must be
established for defining market areas in which television broadcasters
may insist on carriage. The Commission has concluded that several
options appear to be available: (1) the Arbitron areas of dominant
influence (``ADI'') could be substituted with Nielsen ``Designated
Market Areas'' or ``DMAs;'' (2) continue to use Arbitron's 1991-92
Television ADI Market Guide to define market areas, subject to
individual review and refinement through the Section 614(h) process; or
(3) retain the existing market definitions for the 1996 election period
and switch to a Nielsen based standard thereafter.
3. It is our tentative view that the second of these options is
preferable. It has the advantage of providing stability in the
television broadcast signal carriage process. It is also not clear
whether changing from ADIs to DMAs and revising market boundaries every
three years based on shifting audience patterns, involves any
systematic improvement in market definitions. Finally, changing from
one system to the other would raise questions as to the numerous cases
which have been processed under Section 614(h) revising market areas
with respect to particular stations and particular communities. Comment
is sought on the above alternatives as well as suggestions for any
other alternatives that would better accomplish the market definition
objectives of the must-carry provisions of Section 614 of the
Communications Act.
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. The change
proposed would continue the existing market definitions and the
existing market definition change process and would thereby avoid
modifications otherwise to be anticipated in a relatively limited
number of markets in which there are not likely to be a significant
number of small business entities impacted. The Secretary shall cause a
copy of this Notice of Proposed Rulemaking, including the
certification, to be sent to the Chief Counsel for Advocacy of the
Small Business Administration in accordance with Section 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 rule making
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 February 5, 1996, and reply comments on or before February
26, 1996. 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
comments, 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, D.C. 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, N.W., Washington, D.C. 20554.
List of Subjects in 47 CFR Part 76
Cable television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 76 of Title 47 of the CFR is amended as follows:
PART 76--CABLE TELEVISION SERVICE
1. The authority citation for Part 76 continues to read as follows:
Authority: 47 U.S.C. Secs. 152, 153, 154, 301, 303, 307, 308,
309, 532, 533, 535, 542, 543, 544A, 552 as amended.
[[Page 1889]]
2. Section 76.55 is amended by revising paragraph (e) to read as
follows:
Sec. 76.55 Definitions applicable to the must-carry rules.
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(e) Television market. (1) A commercial broadcast television
station's market, unless amended pursuant to Section 76.59, shall be
defined as its Area of Dominant Influence (ADI) as determined by
Arbitron and published in the Arbitron 1991-92 Television ADI Market
Guide, except that for areas outside the contiguous 48 states, the
market of a station shall be defined using Nielsen's Designated Market
Area (DMA), where applicable as published in the Nielsen 1991-92 DMA
Market and Demographic Rank Report, and that Puerto Rico, the U.S.
Virgin Islands, and Guam will each be considered a single market.
(2) A cable system's television market(s) shall be the one or more
ADIs in which the communities it serves are located.
(3) In addition, the county in which a station's community of
license is located will be considered within its market.
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[FR Doc. 96-960 Filed 1-23-96; 8:45 am]
BILLING CODE 6712-01-P