Cable Television Service; Definitions for Purposes of the Cable Television Must-Carry Rules

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]

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