[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12509]
[[Page Unknown]]
[Federal Register: May 23, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[CS Docket No. 94-43; DA 94-458]
Cable Television Service; List of Major Television Markets
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission invites comments on its proposal, initiated by
a request filed by LeSEA Broadcasting Corporation, the licensee of
television station WHKE(TV), Kenosha, Wisconsin, to amend the
Commission's Rules to add the communities of Kenosha and Racine,
Wisconsin, to the Milwaukee, Wisconsin television market. This action
is taken to test the proposal for market hyphenation through the record
established based on comments filed by interested parties.
DATES: Comments are due on or before July 7, 1994, and reply comments
are due on or before July 22, 1994.
ADDRESSES: Federal Communications Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Alan E. Aronowitz, (202) 632-7792.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rule Making, CS Docket No. 94-43, adopted May 5,
1994, and released May 16, 1994. The complete text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Center (room 239), 1919 M Street, NW., Washington, DC
20554, and may be purchased from the Commission's copy contractor,
International Transcription Service, (202) 857-3800, 2100 M Street,
NW., Washington, DC 20037.
Synopsis of the Notice of Proposed Rule Making
1. The Commission, in response to a Petition for Rulemaking filed
by the petitioner, proposed to amend Sec. 76.51 of the Rules to add the
communities of Kenosha and Racine, Wisconsin to the Milwaukee
television market.
2. In evaluating past requests for hyphenation of a market, the
Commission has considered the following factors as relevant to its
examination: (1) The distance between the existing designated
communities and the community proposed to be added to the designation;
(2) whether cable carriage, if afforded to the subject station, would
extend to areas beyond its Grade B signal coverage area; (3) the
presence of a clear showing of a particularized need by the station
requesting the change of market designation; and (4) an indication of
benefit to the public from the proposed change. Each of these factors
helps the Commission to evaluate individual market conditions
consistent ``with the underlying competitive purpose of the market
hyphenation rule to delineate areas where stations can and do, both
actually and logically, compete.''
3. Based on the facts presented, the Commission believes that a
sufficient case for redesignation of the subject market has been set
forth so that this proposal should be tested through the rulemaking
process, including the comments of interested parties. It appears from
the information before us that the television stations licensed to
Milwaukee, Kenosha and Racine do compete for audiences and advertisers
throughout much of the proposed combined market area, and that evidence
has been presented tending to demonstrate commonality between the
proposed communities to be added to a market designation and the market
as a whole. Moreover, the petitioner's proposal appears to be
consistent with the Commission's policies regarding redesignation of a
hyphenated television market.
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. A few
cable television system operators will be affected by the proposed rule
amendment. The Secretary shall send a copy of this Notice of Proposed
Rule Making, including the certification, to the Chief Counsel for
Advocacy of the Small Business Administration in accordance with
paragraph 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 rulemaking
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 July 7, 1994, and reply comments on or before July 22,
1994. 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
comment, 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, DC 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, NW., Washington, DC 20554.
7. Accordingly, this action is taken by the Chief, Cable Services
Bureau, pursuant to authority delegated by Sec. 0.321 of the
Commission's Rules.
List of Subjects in 47 CFR Part 76
Cable television.
Federal Communications Commission.
William H. Johnson,
Deputy Chief, Cable Services Bureau.
[FR Doc. 94-12509 Filed 5-20-94; 8:45 am]
BILLING CODE 6712-01-M
