Proposed Rule; Extension of Comment and Reply Comment Periods

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 94-123, DA 94-1408]

Proposed Rule; Extension of Comment and Reply Comment Periods

AGENCY: Federal Communications Commission.

SUMMARY: The Commission granted a joint request by the Association of

Independent Television Stations, Inc., Viacom, Inc. and King World

Productions, Inc. for an extension of time for filing comments and

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: Comments are now due on March 7, 1995. Reply comments are now

due on April 6, 1995.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Alan E. Aronowitz, Mass Media Bureau, (202) 632-7792.

SUPPLEMENTARY INFORMATION:

[MM Docket No. 94-123]

Order Granting Extension of Time for Filing Comments and Reply Comments

In re: Review of the Prime Time Access Rule, Section 73.658(k)

of the Commission's Rules.

Adopted: December 7, 1994;

Released: December 8, 1994

By the Chief, Mass Media Bureau:

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

Proposed Rule Making (``Notice''), FCC 94-266, in this proceeding (59

FR 55402, November 7, 1994) 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. The deadline for filing comments is currently January

6, 1995, and the deadline for filing reply comments is currently

February 6, 1995.

2. On November 29, 1994, a joint motion for extension of time for

filing comments and reply comments was filed by the Association of

Independent Television Stations, Inc., Viacom, Inc. and King World

Productions, Inc. (``Joint Petitioners''). The motion requests that the

deadline for filing comments be extended by sixty days, and the reply

comment deadline to follow thirty days thereafter. Under this schedule,

comments would be due on March 7, 1995, and reply comments due by April

6, 1995. On December 1, 1994, joint comments in support of the

extension of time request were filed by CapCities/ABC, Inc., CBS Inc.

and National Broadcasting Company, Inc. (``Joint Commenters'').

3. The Joint Petitioners contend that in order to respond to the

comprehensive economic analysis called for in the Notice, they have

retained a leading economic consulting group which, in an attached

letter, states that the additional time is necessary not only to

collect and tabulate the economic data (which generally does not now

exist in computerized formats), but also to analyze that data using

economic and statistical models. Similarly, the Joint Commenters report

that each of the economists with whom they consulted advised them that

it would be impossible to prepare an appropriately responsive economic

study within the time frame established by the Notice because of the

breadth and depth of the issues raised. These parties maintain that the

grant of this request will serve the public interest by permitting them

sufficient time to compile the information necessary for 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 comments and reply comments is warranted in

light of the number and complexity of the issues raised in this

proceeding. 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 Joint Motion for Extension

of Time filed by the joint petitioners Is Granted, the time for filing

comments in this proceeding Is Extended to March 7, 1995, and the time

for filing reply comments in this proceeding Is Extended to April 6,

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. 94-30700 Filed 12-13-94; 8:45 am]

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