[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Proposed Rules]
[Pages 45127-45128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21491]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[CS Docket No. 95-139; DA 95-1832]
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 Raleigh-Durham-Goldsboro
television market to include the community of Fayetteville, North
Carolina. This action is taken at the request of Capital Cities/ABC,
Inc., licensee of television station WTVD-TV, channel 11, Durham, North
Carolina; Capitol Broadcasting Company, Inc., licensee of television
station WRAL-TV, channel 5, Raleigh, North Carolina; Delta
Broadcasting, Inc., licensee of television station WKFT-TV, channel 40,
Fayetteville, North Carolina; FSF TV, Inc., licensee of television
station WRDC-TV, channel 28, Durham, North Carolina; and Paramount
Stations Group of Raleigh Durham, Inc., licensee of television station
WLFL-TV, channel 22, Raleigh, North Carolina 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 October 20, 1995, and reply
comments are due on or before November 6, 1995.
ADDRESSES: Federal Communications Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
William H. Johnson, Cable Services Bureau, (202) 416-0800.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rulemaking, CS Docket 95-139, adopted August 15,
1995, and released August 29, 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, 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 Section 76.51 of the Rules to add
the community of Fayetteville to the Raleigh-Durham-Goldsboro
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
[[Page 45128]]
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 Raleigh, Durham and Goldsboro, North Carolina do compete
throughout much of the proposed combined market area, and that
sufficient evidence has been presented tending to demonstrate
commonality between the proposed communities to be added to the market
designation and the market as a whole that ``hyphenation'' of the
market should be proposed. Moreover, the petitioners' proposal appears
to be consistent with the Commission's policies regarding redesignation
of a hyphenated television market. Accordingly, comment is requested on
the proposed addition of Fayetteville to the Raleigh-Durham-Goldsboro,
North Carolina 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. No. 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
Secs. 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 October 20, 1995, and reply comments on or before November
6, 1995. 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. 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. 95-21491 Filed 8-29-95; 8:45 am]
BILLING CODE 6712-01-M
