[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Rules and Regulations]
[Pages 15688-15689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7441]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 91-221, FCC 95-97]
Broadcast Services; Television Station Ownership
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission eliminates two of its television network rules,
the ``network station ownership'' rule, and the ``secondary
affiliation'' rule. This action is taken because a review of the record
in this proceeding indicates that changes in the television marketplace
have rendered these rules obsolete. Thus, the action is taken to ensure
that the Commission's rules are as current and effective as possible.
EFFECTIVE DATE: April 26, 1995.
FOR FURTHER INFORMATION CONTACT:
Dan Bring, Mass Media Bureau, (202) 739-0770, or Roger Holberg, Mass
Media Bureau, (202) 776-1653.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Report and Order
in MM Docket No. 91-221, FCC 95-97, adopted March 7, 1995, and released
March 7, 1995. The complete text of this Report and Order is available
for inspection and copying during normal business hours in the FCC
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., and
also may be purchased from the Commission's copy contractor,
International Transcription Service, at (202) 857-3800, 2100 M Street,
N.W., Suite 140, Washington, D.C. 20037.
Synopsis of the Report and Order
1. The Commission eliminates two of its network rules, 47 CFR
Sec. 73.658(f), the ``network station ownership'' rule, and
Sec. 73.658(1), the ``secondary affiliation'' rule. The network station
ownership rule prohibits network ownership of television broadcast
stations in markets that have so few stations, or stations of such
unequal desirability that ``competition would be substantially
restrained'' by permitting network ownership. The secondary affiliation
rule limits secondary network affiliations in markets where two
stations have affiliated with two of the three ``traditional''
networks, and there is at least one independent station with comparable
facilities. In these circumstances, Sec. 73.658(1) requires a third
network seeking an affiliate in the market to offer its programming
first to the independent station.
2. The Notice of Inquiry in this proceeding (56 FR 40847, August
16, 1991) sought comment on the implications of the growth of
competition in the video marketplace for the Commission's regulatory
policies. The Notice of Proposed Rule Making in this proceeding (57 FR
28163, June 24, 1992) sought comments on several long-standing
structural rules that have governed the television industry, proposed
alternative means of lessening the regulatory burden on the television
broadcasting industry, and proposed repeal of the dual network rule 47
CFR 73.658(g), the network station ownership rule, and the secondary
affiliation rule. Based on the record in this proceeding, this Report
and Order eliminated the network station ownership rule and the
secondary affiliation rule.
3. The network station ownership rule was intended to increase the
availability of programming to viewers, prevent domination of smaller
markets by networks, and encourage the creation and growth of new
networks by preventing existing networks from [[Page 15689]] ``bottling
up'' the best facilities. The rule was first applied to television in
1946 when there were only six television stations in the United States.
The Commission finds that because of the growth in the number of
television stations and in network programming made available by cable
and satellite home dishes, the network station ownership rule is no
longer necessary to increase the availability of video programming to
viewers or further the creation of new networks. Therefore, the
Commission eliminates Sec. 73.658(f) of its rules.
4. The secondary affiliation rule was adopted by the Commission in
1971 (36 FR 6507, April 16, 1971) in order to promote development of
UHF television stations. While commenters were divided as to the
continued need for the secondary affiliation rule, the Commission is
persuaded that, due to improvements to UHF reception and the increased
availability of programming, this rule is no longer needed to ensure
the availability of competitive programming to unaffiliated stations.
The Commission thus eliminates Sec. 73.658(1) of its rules.
Administrative Matters
Final Regulatory Flexibility Analysis
5. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C.
605, the Commission believes that this action will eliminate rules no
longer required by the public interest in view of changes in the video
marketplace since their adoption. Additionally, their elimination will
make over-the-air television better able to compete in the current, and
future, video environment. The complete Final Regulatory Flexibility
Act Statement may be found following paragraph 26 of the full text of
this Report and Order.
Ordering Clauses
6. It Is Therefore Ordered that, pursuant to the authority
contained in Sections 4(i) and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. Sections 154(i) and 303(r), Part 73 of the
Commission's Rules, 47 CFR part 73, is amended as set forth below.
List of Subjects in 47 CFR Part 73
Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Amendatory Revisions
Part 73 of Title 47 of the U.S. Code of Federal Regulations is
amended as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for Part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334.
Sec. 73.658 [Amended]
2. Section 73.658 is amended by removing and reserving paragraphs
(f) and (l).
[FR Doc. 95-7441 Filed 3-24-95; 8:45 am]
BILLING CODE 6712-01-M
