Programming Practices of Broadcast Television Networks and Affiliates

FEDERAL COMMUNICATIONS COMMISSION

47 CFR PART 73

[MM Docket No. 95-92; DA 95-1970]

Programming Practices of Broadcast Television Networks and

Affiliates

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The Commission granted an additional 30-day extension of time

to file comments and reply comments in the above proceeding in response

to a request filed by CBS, Inc., National Broadcasting Company, Inc.,

and Capital Cities/ABC, Inc. The Commission had previously granted a

30-day extension of the original comment period. The rulemaking

proceeding seeks comment on five Commission rules governing programming

practices between networks and their affiliates. This extension will

permit parties to conduct more extensive analyses of the issues raised

in this proceeding.

DATES: Comments are now due on October 28, 1995; reply comments are due

November 26, 1995.

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

[[Page 50518]]

FOR FURTHER INFORMATION CONTACT: Robert Kieschnick ((202) 739-0764).

SUPPLEMENTARY INFORMATION:

Order Granting Extension of Time

Adopted: September 13, 1995.

Released: September 14, 1995.

By the Chief, Mass Media Bureau:

1. On June 15, 1995, the Commission initiated a rulemaking

proceeding reexamining the Commission's rules governing programming

practices of networks and their affiliates--specifically the right to

reject rule, the time option rule, the exclusive affiliation rule, the

dual network rule and the network territorial exclusivity rule. Notice

of Proposed Rule Making in MM Docket No. 95-92, FCC 95-254 (released

June 15, 1995), 60 FR 35369 (July 7, 1995). Comments were due August

28, 1995, and reply comments were due September 27, 1995.

2. On August 3, 1995, the Mass Media Bureau granted a 30-day

extension of the comment period; as a result, comments were due

September 28, 1995, and reply comments were due October 27, 1995. Order

Granting Extension of Time in MM Docket No. 95-92, DA 95-1711 (released

Aug. 3, 1995), 60 FR 40814 (Aug. 10, 1995). The Bureau did so in

response to a request by the Network Affiliated Stations Alliance

(NASA) for a 60-day extension. While the Bureau did not agree that a

60-day extension was appropriate, it stated its belief that a 30-day

extension was warranted to enable parties to carefully compile a

complete record regarding the complex issues raised in MM Docket No.

95-92.

3. On August 30, 1995, CBS, Inc., National Broadcasting Company,

Inc., and Capital Cities/ABC, Inc., filed a motion to extend the

comment date in this proceeding by an additional 30 days, to October

28, 1995. The networks note that ABC and CBS have recently entered into

major merger agreements, and that CBS and NBC are involved in a number

of station transactions. Further, they submit, all three networks are

involved in proceedings involving the network/affiliate advertising

rules, children's television and advanced television (ATV). The

networks contend that these various undertakings have been occupying

the time of their management and legal personnel and that a 30-day

extension of time in this proceeding is necessary to provide them a

full opportunity to present their views.

4. As set forth in Section 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. In response to

NASA's request, we stated our belief that an extension until October 28

was excessive. Upon further reflection, however, and in light of recent

events, we believe that it would be in the public interest to extend

the comment and reply comment dates for this proceeding an additional

30 days. This proceeding has the potential to significantly affect the

way the broadcast networks and their affiliates do business, and the

fact that both the major networks and the affiliates feel they need

additional time to prepare comments is persuasive.

5. Accordingly, it is ordered That the Motion for Extension of Time

filed in MM Docket No. 95-92 by CBS, Inc., National Broadcasting

Company, Inc., and Capital Cities/ABC, Inc., is granted.

5. It is further ordered That the time for filing comments in the

above-captioned proceeding is extended to October 28, 1995, and the

time for filing reply comments is extended to November 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, 47

U.S.C. 154(i) and 303(r), and Sections 0.204(b), 0.283, and 1.45 of the

Commission's Rules, 47 CFR 0.204(b), 0.283, and 1.45.

Federal Communications Commission.

Roy J. Stewart,

Chief, Mass Media Bureau.

[FR Doc. 95-24229 Filed 9-28-95; 8:45 am]

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