[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Proposed Rules]
[Page 29336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14568]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[CS Docket No. 96-119; DA 96-833]
Cable Television Service; List of Major Television Markets
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission, through this action, invites comments on its
proposal to amend its rules regarding the listing of major television
markets, to change the designation of the Cedar Rapids-Waterloo
television market to include the community of Dubuque, Iowa. This
action is taken at the request of Cedar Rapids Television Company
(``CRTV''), licensee of television station KCRG-TV, Channel 9, Cedar
Rapids, Iowa and it 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 22, 1996 and reply comments
are due on or before August 12, 1996.
ADDRESSES: Federal Communications Commission, 1919 M Street, NW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Vanessa Stallings, Cable Services
Bureau, (202) 418-7200.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rulemaking, CS Docket 96-119, adopted May 20, 1996
and released May 30, 1996. 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, DC 20554,
and may be purchased from the Commission's copy contractor,
International Transcription Service, (202) 857-3800, 1919 M Street, NW,
Washington, DC 20554.
Synopsis of the Notice of Proposed Rulemaking
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
community of Dubuque to the Cedar Rapids-Waterloo 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 the Commission that the television stations
licensed to Cedar Rapids, Waterloo and Dubuque, Iowa do compete
throughout much of the proposed combined market area. Moreover, the
petitioner's proposal appears to be consistent with the Commission's
policies regarding redesignation of a hyphenated television market.
Nevertheless, because the facts before us indicate that KCRG-TV and the
stations licensed to Cedar Rapids, Waterloo and Dubuque may, in fact,
be competitive, we believe that the initiation of a rulemaking
proceeding is warranted. Proponents of amendments to Sec. 76.51 of our
rules, however, should be aware that the standard of proof to change
the rules is higher than the standard to simply initiate a rulemaking
proceeding. Under these circumstances, then, it may be helpful to
receive additional comment on the general nature of any competition
between KCRG-TV and other stations in the subject market for viewers,
programming and advertising revenues. Accordingly, comment is requested
in particular on what consequences, if any, result to the proposal from
the addition of Dubuque to the Cedar Rapids-Waterloo, Iowa 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
Rulemaking, 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. Pub. L. 96-354, 94
Stat. 1164, 5 U.S.C. section 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 22, 1996 and reply comments on or before August 12,
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, 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. This action is taken 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. 96-14568 Filed 6-7-96; 8:45 am]
BILLING CODE 6712-01-P
