Television Broadcasting; Prime Time Access Rule

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 94-123, DA 95-1055]

Television Broadcasting; Prime Time Access Rule

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of reply comment period.

-----------------------------------------------------------------------

SUMMARY: The Commission granted a request by the Coalition to Enhance

Diversity for an extension of time for filing reply comments in this

proceeding. The Commission determined that the extension of time was

warranted in light of the time necessary to compile information

critical to resolution of the numerous and complex issues raised in

this proceeding. This action will facilitate the development of a full

and complete record on these issues.

DATES: Reply comments are now due on May 26, 1995.

ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Alan E. Aronowitz, Mass Media Bureau, (202) 776-1653.

SUPPLEMENTARY INFORMATION:

Adopted: May 8, 1995.

Released: May 8, 1995.

By the Chief, Mass Media Bureau: [[Page 25880]]

1. On October 25, 1994, the Commission released a Notice of

Proposed Rule Making in MM Docket No. 94-123, 59 FR 55402 (1994)

(``Notice''), soliciting comment on the legal and policy

justifications, in light of current economic and technological

conditions, for the Prime Time Access Rule, Section 73.658(k) of the

Commission's Rules, and to consider the continued need for the rule in

its current form. By an Order adopted on December 7, 1994, the deadline

for filing comments was extended to March 7, 1995, and the deadline for

filing reply comments was extended to April 6, 1995. See Order Granting

Extension of Time for Filing Comments and Reply Comments in MM Docket

No. 94-123, 59 FR 64382 (1994). At the request of a number of

commenters in this proceeding, the time for filing reply comments was

substantially extended to May 12, 1995. See Order Granting Extension of

Time for Filing Comments and Reply Comments in MM Docket No. 94-123, 60

FR 18793 (April 13, 1995).

2. On May 3, 1995, a motion for a further extension of time for

filing reply comments in this proceeding was filed by the Coalition to

Enhance Diversity, which states that it is authorized to represent the

Association of Independent Television Stations, Inc., Capital Cities/

ABC, Inc., CBS Inc., King World Productions, Inc., the Media Access

Project, the Motion Picture Association of America, Inc., the National

Broadcasting Company, Inc., the Network Affiliated Stations Alliance,

and Viacom, Inc. (``Joint Petitioners'') in this request. The motion

requests that the deadline for filing reply comments be extended from

May 12, 1995, to May 26, 1995.

3. The Joint Petitioners contend that the comments filed in this

proceeding include detailed economic studies on all sides of the issues

raised in the Notice. In order to properly evaluate these various

economic studies, the parties have agreed to make available certain

data underlying those studies, which information has recently become

available and accessible for review at the Commission. (To accommodate

the parties, this information is available at the Commission's

Washington, D.C., headquarters and at the field office in Hayward,

California.) These parties, who take differing views on the continued

need for the Prime Time Access Rule, state that a brief extension of

time will permit the completion of the evaluations and critiques of the

comprehensive economic analyses submitted in this proceeding as called

for in the Notice. These parties maintain that the grant of this

request for a short extension of time will serve the public interest by

permitting a more thorough public and industry review of the economic

data, which would, in turn, facilitate the submission of reply comments

that will prove more useful in generating the comprehensive record that

the Commission seeks in this proceeding.

4. As set forth in Sec. 1.46 of the Commission's Rules, 47 CFR

1.46, it is our policy that extensions of time for filing comments in

rulemaking proceedings shall not be routinely granted. However, under

the circumstances described above, we believe that the requested

extension of time to file reply comments is warranted. This extension

of time should facilitate the development of a full and complete record

on the issues raised in the Notice and, thus, it appears reasonable to

provide the commenting parties additional time to analyze and address

these issues.

5. Accordingly, It is Ordered that the above-mentioned motion for

an extension of time Is Granted, and that the time for filing reply

comments in this proceeding is Extended to May 26, 1995.

6. This action is taken pursuant to authority found in Sections

4(i) and 303(r) of the Communications Act of 1934, as amended, and

Sec. 0.204(b), 0.283, and 1.45 of the Commission's Rules.

Federal Communications Commission.

Roy J. Stewart,

Chief, Mass Media Bureau.

[FR Doc. 94-11856 Filed 5-12-94; 8:45 am]

BILLING CODE 6712-01-M