1586

BEFORE THE COPYRIGHT ROYALTY TRIBUNAL 1GLSHINGTONp D.C.

In the Matter of

1990 CABLE COPYRIGHT ROYALTY Docket No. CRT 91-1- 90CD DISTRIBUTION PROCEEDING

(This volume contains page 1586 through 1841)

Washington, D.C. Monday, October 4, 1993

The above-entitled matter convened, pursuant, to adjournment, in the Offices of the Copyright Royalty Tribunal, in Room 921, 1825 Connecticut Avenue, N.W., Washington, D.C., at 10:00 a.m.

BEFORE'INDY DAUB Chairperson

BRUCE D. GOODMAN Commissioner

EDWARD J. DAMICH Commissioner

LINDA R. BOCCH1 General Counsel

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 234-4433 1587

APPEARANCES'ROGRAM SUPPLIERS:

On behalf of MPAA:

DENNIS LANE, ESQUIRE JANE SAUNDERS I ESQUIRE of: Morrison & Hecker 1150 18th Street, N.W. Suite 800 Washington, D.C. 20036-3816 (202) 785-9100

NATIONAL ASSOC1ATION OP BROADCASTERS:

JOHN I ~ STEWART I JR i ESQUIRE of I Crowell & Moring 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2505 (202) 624-2500

JOINT SPORTS CLAIMANTS:

ROBERT A. GARRETT, ESQUIRE of: Arnold & Porter 1200 New Hampshire Avenue, N.W. Washington, D.CD 20036 (202) 872-6700

PUBLIC BROADCASTING SERVICE

TIMOTHY C. HESTER, ESQUIRE of: Covington & Burling 1201 Pennsylvania Avenue, N.W., P. O. Box 7566 Washington, D.C. 662-6000 (202) 662-6000

DEVOTIONAL CLAIMANTS:

RICHARD M. CAMPANELLI, ESQUIRE 8280 Greensboro Drive 7th Floor McLean, Virginia 22102-3807 (707) 761 5000

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1588 INDEX

WITNESSES: DIRECT CROSS REDIRECT RECROSS

iJOHN H. CLOISTER

By Ms. Saunders 1590 1642 By Mr. Hester 1614 By Mr. Stewart. 1629 By Mr. Garrett. 1632 By Mr. Campanelli 1639

ELLEN COOPER

By Mr. Hester 1646 By Mr. Lane 1749 By Mr. Gottfried 1730

Ã2LRSH2L ED KESSLER

By Ms. Saunders 1754 By Mr. Hester 1781 By Mr. Stewart, 1833

EXHIBITS: IDENTIFIED RECEIVED

PBS Exhibit, 6-X 1654 Exhibit 7-X 1658 Exhibit 8-X 1682 Exhibit, 9-X 1696 Exhibit. 10-X 1704 Exhibit 11-X 1803 Exhibit 12-X 1814 Exhibit 13-X 1814

DEVOTIONAL Exhibit. 2-X 1735 MEAL R. GROSS COURT REPORTERS AND TRANSCRISERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~ WASHINGTON, D.C. 20005 (202) 2344433 1589 P-R-0-C-E-E-D-I-N-G-S 9:34 a.m.

CHAIRPERSON DAUB: We continue with the distribution proceeding for 1990 cable royalties.

We have Mr. Claster for the Program Suppliers'hereupon,

JOHN H. CLASTER was called as a witness by Counsel for Program Suppliers, and having been first. duly sworn, assumed 10 the witness stand and was examined and testified as follows:

CHAIRPERSON DAUB: Please be seated.

I know why Dennis is laughing, because I didn'. complete all of it., right,. Thought. I'd save t.ime.

THE WITNESS: I'm just, a happy person.

CHAIRPERSON DAUB: Would you like to proceed with your direct?

19 MR. LANE: Actually, my colleague, Jane 20 Saunders, will be handling Mr. Claster's direct, 21 testimony.

22 CHAIRPERSON DAUB: Good morning, Ms.

23 Saunders.

MS. SAUNDERS: Good morning.

25 CHAIRPERSON DAUB: Please proceed.

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DIRECT EXAMINATION

BY MS. SAUNDERS: Would you please state our name? John H. Claster.

Q Was the testimony of John H. Claster, which has been filed with the Tribunal on this proceeding, prepared pursuant to your direction? Yes, it. was.

Do you have any corrections to that. 10 testimony? No, I do not..

12 What. is your employment, Mr. Claster?

13 I am president of Claster Television, 14 Inc., which is a wholly own subsidiary of Hasbro 15 Industries. 16 And how long have you served as 17 president? 18 I have served as president. since 1973.

19 Would you please describe your duties 20 and responsibilities as president? 21 Well, basically, as a syndication 22 company, full service syndication company, I'm 23 responsible for making sure that. our programs are sold throughout, the United States to enough stations 25 that. we can afford to continue in business and--

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1591 but. primarily work with the large broadcast. groups like Kris Kraft Tribune, we do work with Fox and then also selling to various cable networks. And when did you begin working at

Claster TV? Actually, worked in the summer of 1966, but. full-time began working in 1968. What, other positions have you held with the company?

10 A I started out. in promotion and publicity, and then moved into the merchandising 12 area for a couple of years. Then in 1971 worked in 13 program sales. And then in 1973 became president. of 14 the company. 15 What. other professional associations do 16 you have? 17 I'm currently on the board of INTV.

18 MS. SAUNDERS: Madam Chair, I think is 19 an appropriate point, for voir dire.

20 CHAIRPERSON DAUB: Thank you. Any voir 21 dire?

22 MR. HESTER: None, Madam, Chairman.

23 CHAIRPERSON DAUB: Mr. Garrett?

MR. GARRETT: No questions.

25 CHAIRPERSON DAUB: Mr. Stewart?

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1592

MR. STEWART: No questions.

CHAIRPERSON DAUB: Mr. Campanelli?

MR. CAMPANELLI: No questions.

CHAIRPERSON DAUB: Thank you. Please proceed.

BY MS. SAUNDERS: Could you describe briefly the history

of Claster TV? The company started in 1949. It, was

10 started by my mother and father. My father' background was in the vaudeville area. He's one of 12 the few people who knew anything about. programming 13 and lighting and staging, etcetera, at. that, time. 14 And then the first, -- and we did regional 15 programming at. that point. and a lot. of local programming in the area.

17 1953 was the start, of , which 18 was the first. major syndicated program that the 19 company undertook. And Romper Room was the primary 20 focus of the company through the early '60s. And 21 then we did various things like for Dollars, 22 which was a significant. success for us for 20 some

23 years. We did an enormous amount, of additional 24 children programming starting in the mid-'70s; 25 worked on programs like Fred Flintstones and Friends

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1593 and then in the early '80s created The Great Space Coaster. And then starting in 1983 got. heavily involved in additional animated programming; G.I. Joe, Transformers and then subsequently programs

like My Little Pony and Jem and Muppet Babies where we worked with Him Henson. Also after that. we did a program called C.O.P.S. and then more currently

we'e working with MGM on the Pink Panther and Sunbrow Productions out. of New York on Connan the

10 Adventurer. And then Romper Room still continues and then we also are working with Harvey Comics on the

13 syndication of Casper.

14 How and when did Claster TV begun a 15 national distributor of syndication -- excuse me-- of television programs? 17 Really 1953 was -- Romper Room started 18 on the air and about. six months after that. a number 19 of stations started to call the company to see if 20 they could also have the program produced locally. 21 And actually Romper Room was one of the first 22 syndicated programs in the history of television, if 23 not. the first. syndicated program. I'm not. sure. 24 There were a few ZIV film distributors at. that, time. 25 And then Bowling for Dollars was an

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1594 enormous success for the company. And after that we just continued to grow. Could you describe the show Romper Room and give us an overview of its programming content?

A Okay. Romper Room is primarily an educational children's program. The whole premise of the program was to have the child at home be interactive with the teacher and the children in the studio. So there were no segments that we ever did 10 where we couldn't include the child at home. And we did -- we did segments ranging from physical fitness

12 to health to music. And we worked with a number of 13 national organizations, a number of them based here 14 in Washington, like the Red Cross, President's 15 Council on Physical Fitness and Sports, Department 16 of Health, Education and Welfare, American Forestry 17 Service in an attempt to deliver to preschool 18 children a really quality educational program with a really well rounded curriculum. 20 And it's interesting, over the years in 21 our work with the Red Cross Romper Room was credited 22 with saving 17 lives of children because of the work 23 we did on mouth-to-mouth resuscitation. So-

24 Q Could you tell us what endorsements and 25 awards Romper Room has received?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1595

Well, we have won an ACT Award. And we have gotten endorsements, really, from a number of those national organizations. The Red Cross has

endorsed the program. NEA has endorsed the program. President.'s Council on Physical Fitness and Sports, among others endorsed the program.

You mentioned several well known

children's shows that, Claster TV has introduced. How many of those shows have been introduced through 10 first. run syndication? Almost. all of them. The only off

12 network shows that. we'e been involved in have been

13 the Fred Flintstone 6 Friends material, the Muppet 14 Babies program that. we worked on with Henson, the 15 Casper program and a weekend show that we did called

16 The New Archies. But. primarily we'e been involved 17 in first. run syndication in all of those programs. 18 And, knock on wood, everyone of them was successful.

19 So the shows have been popular?

20 Yes.

Could you describe how Claster TV 22 creates such successful programs?

23 A Well, as a dist'.ributor who has to compete with Warner Bros and Twentieth Century Fox 25 and Paramount., etcetera, our feeling was always that.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1596

we needed to look for niches in the industry that, were not. covered. As an example, when G.I. Joe was first launched, that. was the first. ever mini-series for children. When Transformers was first. launched, that. was the first. ever first. run syndicated weekend show in animation. Then in the mid 80s when Action Adventure was so heavily popular with children, we

worked on two different. shows. One was Ny Little 10 Pony, which was geared to a younger segment. and to more of a girl segment. and then we did Jem, which was the first. ever animated rock star in the syndicated program. So we'e tried to look for niches in the marketplace. As an example, too, even now working with Pink Panther, this is the first time that. the Pink Panther has ever talked. And the voice is Matt Frewer, whose the voice of Max Headroom. And it.'s 19 been very exciting and so far the ratings have been 20 very good on Panther with him talking.

21 What. is the reputation of Claster TV in 22 the television marketplace? 23 Nell, I hope it.'s excellent.. Ne -- we 24 try to provide excellent. service to all of our

25 clients. We realize, again, as a distributor that,

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1597 it.'s not. quite the size of the big studios, that we need to do really well in terms of servicing our clients and think as stations in terms of promotion, in terms of publicity, in terms of quality of programming. And so our feeling is we really have to be very careful not. to provide programming that. is not of quality to the stations. Is the children's market. important. to television programming? 10 The children's television market. has gotten more and more, and more important.. In over- 12 the-air broadcast. it. has been explosive especially

13 in the last four or five, six years. More and more 14 advertisers are continuing to come into the 15 marketplace and advertising to children. And also in 16 the whole cable arena, you have Nickelodeon, 17 obviously is extremely popular channel, USA Network 18 has a significant. block of children's programming. 19 Turner has started the Cartoon Network. Family 20 Channel has added more and more programming. And I 21 think they'e added five hours at least a week to 22 their programming this year. And so with more and 23 more focus in the children's arena. 24 And also, you know, again, children are -- advertisers realize that. children have an

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1598 awful lot. of influence over the decisions that, parents make. So I think it, has -- and I think it. will continue to be more explosive, too. Focusing for a moment. on cartoon programming, what. are some recent. developments in the area of children's programming? Well, the quality of animation has had to get. better and better and better as we all compete more and more and more. And if you look at, 10 some of the programs that. Fox and Disney are doing, or that. we'e doing, you know, we'e spending in the

12 neighborhood -- we'e spending in the neighborhood

13 of $ 250 t.o q300,000 a half hour. Disney's spending

14 in the neighborhood of $ 400,000 a half hour. When 15 you do those kinds of projects, for us a 65 half

16 hour project. might be as much as $ 20 million 17 project, you really have to focus on the quality of 18 the program because the program must, stay on the 19 air, must succeed with the audience in order to 20 recoup your investments. Very high risk business.

21 Q Do only children watch animation? 22 No. And it.'s interesting in the last.-- 23 in the last. five or six years there's been more and more and more of an older audience watching 25 animation. It used to be that. in the ratings that,

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1599

we do, you look at a thing called VPVH, which is viewer per viewing household. It used to be that in children's viewing you might get over one child per viewing household watching. Now the numbers are more like 1.7 as an average of animation and go as low as .58, which means that as much as 42 percent of an audience would be over 12. And there's a significant. amount of that. audience that is adult. You just described for us some of the 10 costs associated with producing first run animated

programming. For a syndicator like Claster TV what,

12 are some of the other costs associated with 13 introduction of an animated series7 14 Well, we'e got to do the physical distribution of the tapes, which costs several hundred thousand dollars. We'e got promotion and publicity that we have to do on an ongoing basis. 18 And then we have sales and marketing costs, which are significant. 20 And how long does it, take to recover 21 those costs? 22 Well, one of the things that we try to 23 do is, we try to at least break even if we can in the first two years of a 65 half hour project. And 25 we try to sell enough stations to reach the critical

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1600 mass of roughly 80 percent of the country or more, because that's what's critical to advertisers. And so.we hope that we can recoup it in the first two years, at least to get even.

How does Claster TV license most, of its programs?

A We are primarily selling our programs to stations on a barter basis.

How does barter work? 10 Barter works that, we — we vill sell the

program to a station, as an example, WDCA here in

12 Washington. And in exchange for that they will give us advertising time. In our — in the deals that, ve strike 15 with stations primarily ve are getting betveen 2 and

3 minutes per half hour and the station is getting

betveen 3 and 4 minutes per half hour in the shows.

We will then take the time that they — that we negotiate and we need to sell, as I said, 80 percent 20 of the country in order to interest, advertisers like 21 Kelloggs and McDonald's and the toy companies and 22 the candy companies, and a lot of the newer 23 advertisers as well. And then we will hire a

company in New York, of which there are several 25 major companies, like Camelot, which is a division

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1601 of Kingworld or Tribune Sales, which is a division of Tribune, or One World, which is a division of

Viacom, Nickelodeon, MTV and they will sell our advertising time to national advertisers.

Q How does barter allocate the risks for covering the costs of launching new programming as between the syndicator and the broadcast. station? Well, I think one of the reasons for the popularity of barter, especially in animation, is 10 that. it. basically puts the risk on the syndicator, and we carry pretty much all the risk. And we have 12 to recoup our advertising by virtue -- or our money 13 by virtue of the success of the show on the air. 14 The stations put. no cash into the deals. What. has been the effect. of Syndex on

16 Claster TV? 17 Syndex has been very deleterious to us, 18 because as a barter advertiser it, is much better for 19 us to get. as big an audience as we can. And so when 20 our stations -- and the stations want. Syndex, so we 21 have to sell to them, by in large, that, way. And 22 because of that the number of views that. we can get. 23 is limited. And especially when we'e blocked from

24 being on WGN satellite or WTBS, there's probably a 25 factor of 10 percent of the country that. it.'s

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1602 difficult for us as a syndicator to sell because when you get, to the smaller markets you'e talking

about. primarily ABC, NBC, CBS affiliates. And they do not. program as heavily to children. And so we can't clear that, portion of the country that easily. So Syndex really took away in a lot of our deals about. 10 percent of the up side.

COMMISSIONER GOODMAN: Can I just ask a question?

10 THE WITNESS: Sure.

COMMISSIONER GOODMAN: Or a complication. I think I understood what you'e saying. Is it, a problem for you with Syndex that, 14 the Super Station blacks out at the head end?

15 THE WITNESS: Yes. Well, it, gets blacked— yes, head end of the cable system in a

given market. In other words, WGN can't come in 18 here with Pink Panther, as an example. And so — or 19 for the last four or five — yes, last four years 20 we'e been blocked from having even Muppet Babies 21 could not. be shown in the Washington area on a cable

22 system on WGN — on WGN carriage.

23 COMMISSIONER GOODMAN: Whose blocking it

out? Is it blocked out by WGN when they uplink, or 25 is blocked out at the cable head end?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234&433 1603

THE WITNESS: I believe it's blocked out. at. the and here by virtue of the negotiations

between -- in other words, WDCA TV has got. to tell X system in -- gosh -- Hagerstown, perhaps, they can'

carry WGN because it.'s a primary market of WDCA. And so we lose -- we will lose those additional viewers for a barter advertiser. If we were selling on cash, it would not. be the same.

COMMISSIONER GOODMAN: But you still

10 get.-- you never lose the DC market., you just lose

because doubling, or you lose getting to a DC market.

12 on more than one channel.

13 THE WITNESS: Yes. Well, here's the 14 thing, we have gauged that. we lose about. 10 percent 15 of -- or we have lost. about. 10 percent of our deal

16 and our audience delivery once Syndex was invoked. 17 And interestingly enough, we were the first. 18 distributor with a major property to sell in the marketplace after the implementation of the rules.

20 We sold Muppet Babies, the first. major property. It. 21 wasn'. Fox, it wasn'. Warner Bros. Nobody faced the

22 issue. We faced it. first. of all the companies in 23 the industry. And it. was really a nightmare for us.

We had enormous battles with our stations. 25 As an example, Muppet Babies is an

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1604 incredibly popular program. It, turned out. to be a very popular syndicated program, but we couldn'.

clear WGN who wanted the show. And that. took away a couple hundred thousand children from us each day. And as you pointed out., we can clear the Washington market. but. we would get. a second airing in this area at a different. time and clearly -- and actually and in the outer lying areas. And then there's also--

shoot. -- once you get -- and also WGN because the 10 Syndex situation became such a problem, they blocked it. out on their national distribution as well. So

12 it. got. -- eventually became that WGN didn't even feed shows.

COMMISSIONER GOODMAN: Why did they

15 block out'2 Just because--

16 THE WITNESS: It. was such a problem and

17 they wanted a clean fed so that. -- the full day. 18 Let.'s say that. most people had a particular show

they wanted to watch on WGN and there are a lot. of 20 times you'l stay as a viewer with a station. If 21 the next show is blocked out., then you lose the flow 22 of all that. audience and it becomes very disruptive. 23 So they decided to have a full day of all cleared 24 programming. 25 So, it initially got. blocked out. at. the

MEAL R. GROSS COURT REPORTEFIS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1605 head and then got blocked out on a national basis by

the distributors of the GN satellite programming.

COMMISSIONER GOODMAN: If you were to

say to WDCA we'e got two prices for you, and since it,'s probably just barter only, under the first category we'l take back 40 percent of the time in barter and in that category we would give you

Syndex. On the other hand, we would be willing to take only 35 percent barter, but you don't get

10 Syndex. Do they just, say "We want Syndex and you get 35 percent?"

THE WITNESS: Well, I would love it if we could do that. However, we are unable to do that, because we are unable to sell that ancillary time 15 because an advertiser only wants their time to run in all markets. And so — and they don', want. to get,, you know, one additional 30 in Washington, D.C. They want. a national spot run. And the reason is, 19 is that, when advertisers make their decisions, they 20 equate national syndication with network. And so 21 the allocation of monies, especially in the 22 children's area, is coming out of the same pot 23 pretty much.

24 COMMISSIONER GOODMAN: I just wondered 25 why since it can't be — why wouldn't it just be a

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CPM buy, and that. is it,'s just, a bonus to them, you know, in other words if they get, DC and it. turns out. they also get. Baltimore and Newport. Beach, why isn'. that, just.—

THE WITNESS: Well, the problem is there are two problems. One is also most, of the stations would not allow us to do that. because most. of the stations want Syndex. They have the right so most. of them want. it..

10 Then assuming we could get. over that. hurdle, the other problem is that, we'd have to get,

12 it. with everybody. And we would definitely have to 13 get it with the top 30, 40 markets for an advertiser 14 to even be remotely interested.

15 COMMISSIONER GOODMAN: Because the buy

16 comes out. of the--

17 THE WITNESS: Network pool.

18 COMMISSIONER GOODMAN: It.'s a network

19 pool buy

20 THE WITNESS: Right..

21 COMMISSIONER GOODMAN: -- and you can'.

22 get. local money to gross up the dollars they give

23 you because your CPMs are higher or is it because they'e national?

25 THE WITNESS: Well, and also because

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1607 they don't want. to necessarily heavy up in Washington, D.C. on a national buy. They want. to gauge their national buy on what all the markets are doing, all right., and they don'. want, to look at, well, gosh, Washington -- if you would do that, you might. as well buy spot time if you'e an advertisers. And then you would shift. the focus of what. your marketing strategy is.

COMMISSIONER GOODMAN: You need an 80

10 percent coverage

THE WITNESS: Yes. We can get. by--

12 COMMISSIONER GOODMAN: With 70?

13 THE WITNESS: -- with 70. Correct.. But. 14 80 is really where -- and we'e very careful on our 15 projects to not go at 70 if we can because it, really 16 makes it. very, very, very high risk. And you lose 17 advertisers, number one, who are less interested and 18 number two, you get. put. on a tiering system and you 19 get. perceived as a third tier program as opposed to 20 a first. tier program that. would clear 80 percent, 21 plus of the country.

22 COMMISSIONER GOODMAN: Thank you.

23 COMMISSIONER DAMICH: I have a question, t.oo.

25 When you are syndicating your program to

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1608 local stations do I understand you correctly that, you engage in individual negotiations, you yourself, your company, with each of these stations?

THE WITNESS: Yes. Either individual or individually with a group head? As an example, Act. III Broadcasting has eight. stations around the

country. We do a lot of business with them. We might clear all eight. stations with one negotiation with them or we might. have to go individually. Or 10 there are situations where stations are not, part, of a group, and then we would go individually.

12 COMMISSIONER DAMICH: And when you

13 mention 70 or 80 percent of the national coverage, 14 you mean population coverage, right, you don'. mean 15 geographic coverage?

16 THE WITNESS: Correct.. Population

17 coverage. That.'s correct,.

18 COMMISSIONER DAMICH: And how--

19 THE WITNESS: But, -- I'm sorry.

20 COMMISSIONER DAMICH: Go ahead. Sorry.

21 THE WITNESS: I was just. saying, but, you

22 must. clear the top 30 markets or 28 of the top 30 23 markets in order for an advertiser to give you the 24 time of day, because if you clear the bottom 70 25 percent. of the country and they lose New York, they

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1609

lose LA, they lose Chicago, then they'e not. interested in you because their primary source of sales is in the bigger markets.

COMMISSIONER DAMICH: If you clear the top 30, what percentage of coverage do you have?

THE WITNESS: Top 30 would put, you at.

between 60 and 65 percent, I think it. is. Yes. Yes. So you got a lot of work to do after that. to fill in to get. 80 percent..

10 COMMISSIONER GOODMAN: I would imagine—

— well, let. me ask, if you'e down to the last. 12 station in one of the those top 20 or 30 markets, 13 why doesn'. he say I'l put you on and you get, you

14 know, 2 percent. or 20 percent, of the barter?

15 THE WITNESS: Because we beg.

16 COMMISSIONER GOODMAN: I would.

17 THE WITNESS: Yes. Actually, Mr.

18 Commissioner, I think -- I think the reason that.

19 that. doesn't happen is that. there is a sense in the 20 broadcast. industry that. this is what. the deal is, 21 and stations realize if they try to negotiate 22 separately, then New York, which is the lever for

23 deals, LA which is the lever for deals, could insist on much more outrageous negotiation. And they know

25 that. because a number of broadcast. groups are in the

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1610 syndication business. They know what. the economics of the situation is and so they know that. we have got, to have that specific deal or it'l be become a nightmare in terms of being able to produce the products

COMMISSIONER GOODMAN: Thank you.

CHAIRPERSON DAUB: You may proceed, Ms. Saunders.

MS. SAUNDERS: Thank you.

10 BY MS. SAUNDERS: Let's look again at the importance of

12 kids as consumer group to the television industry. 13 Based on your experience did the importance of this consumer group grow in the late '80s and early '90s? 15 Yes, absolutely did. As I mentioned 16 before, more and more advertisers have come into the 17 field. For example, the soft. drink advertisers who 18 spend significant. amount of money never used to be

19 in that. arena. The sneaker and tennis shoe 20 advertisers never used to be in that arena. The 21 snack food and microwaveable food advertisers have

22 come in in significant. -- with significant. dollars 23 in that, arena. And I believe more and more advertisers are going to come in because when you 25 sit. down and analyze what.'s happening in several big

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1611 areas today, as an example in the whole computer field, there's no computering advertising aimed at children yet. And yet at some point the computer advertisers are going to discover that the most technologically adept, part, of our population are under 15 right now. And even in studies that. are being done now it's shown that, in significant percentage that children are influencing major buys like automobile purchases and even housing 10 purchasing. Their kids are being consulted by their parents. And one of the biggest. reasons is that, it. 12 is a two parent working family, or if you'e a 13 single parent, obviously, you'e working in most, 14 cases. And children are — have had and do have 15 more time to focus on these things than parents and they have pretty definite opinions about. what they like and what they don't like. And I think if you sit, down with a child and ask that, child what. cars 19 they think are good cars, they probably could tell 20 you better now than most adults can. That's a 21 pretty interesting phenomenon, but, they'e much more 22 focused on it. 23 Did you introduce as part of your 24 testimony as an exhibit to illustrate the importance 25 of kids as a consumer — did you introduce an

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1612 exhibit. to illustrate the importance of kids as a consumer? Yes. There was an article by Professor

McNeal at. Texas ARM University that. we submitted, yes. And Professor McNeal in this article gives some idea of the size and purchasing power of kids as a consumer group? Yes. And, again, the article was done a 10 couple of years ago, and I think it.'s probably the situation has gotten even more significant,. But, in 12 that, article he credits children with direct access

13 to about. $ 14 billion, $ 8 billion of which they use,

$ 6 billion of which they save, so they'e good

15 savers. And -- but. influencing up to $ 130 plus 16 billion of purchases in the United States. 17 So the observations of Professor McNeal

18 are consistent, with your experience?

19 Yes. Yes.

20 In your opinion does the influence of 21 children on family purchasing decisions extend to 22 decisions about. television programming and cable 23 subscription? 24 Yes. I think there's a lot. of empirical

25 data, not, just my opinion, that would show that.

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1613 that.'s true. The networks, as an example, all at. 8:00 o'lock to 9:00 o'lock at night. program -- or put. programming on their schedules that are heavily aimed at. the child audience, which is designed to get. the set. turned on, which is designed to get. the family watching together, which is designed, hopefully, to keep the family watching that particular channel. And audience flow has generally been looked at as a very important. thing in 10 programming. In the whole cable arena you can see how 12 important. Nickelodeon is, as an example, to cable 13 operators. They'e deemed that. that. is important 14 because Nickelodeon, I think, is the second or third 15 most widely distributed channel in all of cable. 16 Ted Turner, who is known as a very 17 bright. and farsighted entrepreneur, has started the 18 Cartoon Network. And all the networks that, I talked

19 about. have added more and more children' 20 programming. And the Disney Channel is one of the 21 few pay services that continues to grow year to 22 year. 23 So I think that. children -- there's no 24 question that. children are important. to broadcasting 25 and children are important to cable.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1614

Now the services you'e just named, those are all cable networks specifically targeted to kids as a consumer? Right.. Right. As a television consumer?

Yes, although USA Network, which is an adult. network primarily, programs heavily to children from 7:00 to 10:00 in the morning and then runs an animation block at. 6:00 to 7:00 at, night, 10 when their counter programming the networks and the independent. stations. And then a lot. of the cable operations have undertaken first run animation on the weekend now because the audiences are so significant.. Certainly everybody's heard of Ren and Stimpy, Rugrats and Doug and programs like that that. Nickelodeon is doing. And I don', — and even NTV is going after kids with animation with a program 19 called Beavis and Butthead.

20 NS. SAUNDERS: I have no further 21 questions for this witness.

22 CHAIRPERSON DAUB: Nr. Hester?

23 CROSS EXAMINATION

BY NR. HESTER:

25 Good morning, Nr. Claster. Ny name is

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1615

Tim Hester, I represent, PBS. I should disclose to you at. the outset. that I'm a former Romper Room performer myself, so I have a soft spot for you. I hope we treated you well.

Q Now, Nr. Claster, you talked about.

Romper Room as being a leader in educational programming for children, is that. right? Yes.

10 Now, do you see Rompex Room as a program that, is of benefit. to cable opexatoxs?

A Oh, Romper Room is cuxrently not. as broadly distributed. I would also think that, Romper

Room would be a benefit. to anybody who had the ability to telecast. it.. But I guess I might. ask you to narrow your question a little bit. more.

17 Q Nell, you talked. about. Romper Room as an

educational program. Do you see children'

19 educational programming as something that.'s of 20 benefit to cable operators in attracting children? 21 I -- I don'. think that. it. is 22 monstrously significantly, quite frankly. I have a 23 number of friends who work in the cable industry and have talked extensively about. this with them. And 25 their feeling is that whatever draws viewers is

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1616 really critical. And educational programming, by in large, does not. draw significant viewers compared to what commercial broadcast. draws. And these are friends who are in the business of selling advertising, is that. right?

A These are people who are in the business of selling cable subscribers. These are owners of systems. But the owners of systems are in the 10 business of selling spot. advertising, for instance, on cable networks, is that. one of the things that. 12 they do? 13 Yes -- well, to -- yes. Well, most, of 14 them hire companies to do that. at, the moment,. It.'s 15 generally farmed out. at the moment.. And advertising 16 still is not, a huge segment of the revenue for a 17 cable system.

18 Your general point., I take it., is that. 19 cable operators are becoming more oriented toward 20 having types of programming that will be attractive 21 to children, I take it? 22 Yes. Yes, to large numbers of children, 23 yes. Yes. And do you know what. the most widely 25 viewed source of programming is for children in the

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1617 age group, let's say, pre-kindergarten?

A I would say at the moment that. for pre- kindergarten would probably be Barney.

Q And in general— Would probably be Barney, although I really would like to look at that more closely because I knov Fox Network has a couple of shows that have equal audience to Barney, even though they'e not, targeted to preschool, preschoolers are 10 watching Fox Netvork in the same numbers that they'e watching Barney.

12 Q Are you avare in general that PBS is the

13 most widely viewed source of programming for 14 preschool children? 15 Yes, I vould say that that would be true 16 for preschoolers, albeit that the audiences are 17 dwarfed by vhat commercial broadcasters are doing in 18 terms of the numbers of children who are watching.

Q When you'e talking about. commercial 20 broadcasters, for instance, shoving a program like 21 Muppet Babies, I take it, that their are products 22 associated vith that that, are run on the advertising 23 on Muppet Babies'

24 A Well, number one, I don't know because 25 our — we were only the syndication company.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 2344433 1618 Although I can say that Muppet Babies products by

virtue of FCC regulations would prohibit, Muppet. Babies product from being shown in Muppet. Babies programming. But there Muppet Babies products that. are being sold by companies that are advertising to children, is that right? Yes, I mean all characters are merchandised. I mean, Barney is heavily 10 merchandised. Sesame Street, is heavily merchandised. In fact,, Sesame Street would not. exist, without it,'s merchandising, I believe that,'s an accurate statement,. You could cox'x'ect that if I'm wrong.

15 Let, me ask you about Romper Room. I take it you said befoxe that, it.'s not. viewed vexy heavily anymore, is that. xight.'? Right,. It's not, on as widely as xt once

19 was, that,'s correct,.

20 And when was Romper Room last. produced 21 as a -- I take it. -- it used to be produced as a 22 live show, is that. right?

23 That,'s correct..

24 And when was it, last. produced'?

25 Well, it. last. produced live probably in

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Los Angeles in New York three years ago. And now it's all on videotape wherever it.'s seen. And those tapes were produced in 1984/1985. And all the production costs associated with Romper Room have been recovered? I hope so. So at. this point. insofar as you'e able to license Romper Room it.'s a question of additional profit,, it's not, additional cost, right?

10 A Right.. Yes, although keep in mind

Romper Room is a small part. of our operation now at,

the moment. We would love to get it. back on the air in a more broad form, but. the primary focus of our business right. now is in the animation area.

Now, on page 4 of your testimony you refer to -- I'm letting you turn to it,. At the top

of page 4 you refer to niche programming opportunities?

19 Yes.

20 What.'s the significance of niche programming opportunities? Well, the significance is is that. we 23 need to try to find an area where we can attract. 24 large numbers of viewers where other producers and 25 syndicators have not gone. And we have to challenge

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1620 ourselves to come up with ideas that we think children will watch in big numbers that. stations will want. to buy. And you'e primarily orienting your business towards syndicating your programming to stations that, would be selling advertising time, is that. right? Oh, you mean as opposed to PBS? Yes. Yes.

10 Yes.

Q And the focus of your programming effort, 12 is to develop programs that. would ultimately be 13 attractive to advertisers, is that. right?

14 That.'s correct..

15 Now, you said -- let. me ask you to turn

16 to page 6 of your testimony. 17 Right. 18 At. the top of the page the first. full 19 paragraph on that, page, you said that. most, of your 20 clients insist. on Syndex protection and licensing 21 arrangements, is that. right?

22 Yes.

23 Q So is it. fair to say that the 24 availability of Syndex facilitates your ability to 25 license your programs to local stations?

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS t323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1621 I don'0 know if I should anticipate your question and give you an answer or not.. We sold our programming very, very well when there was no Syndex. And because there was no Syndex, we were on in a much greater percentage of the country. So we would prefer not. to have Syndex. In fact, as I mentioned the example before with the Muppet Babies program, we -- we fought. to the last, second to have Syndex not. be part. of the negotiations. But. the

10 number of stations was so overwhelming that. they wanted Syndex, that we eventually had to go with

12 Syndex. So, I don't think Syndex really helps us.

13 Q Well, I'm not. asking whether it helps you particularly, but. I'm saying that for a station 15 that.'s thinking of licensing your program, the 16 availability of Syndex is important. to its decision 17 in licensing your program, right? 18 Yes, it.'s -- it's -- I don', know if 19 it's important. in their decision, but it.'s important. 20 to them. 21

22 And certainly if they didn'. have 23 Syndex, they would not be willing to offer you the 24 same price for your programming, right? 25 No, actually we got the same price for

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1622 our programming when there was no Syndex.

Q So Syndex one way or the other hasn' really effected the prices you'e gotten for your programming? Except for the fact that we lose about, 10 percent of our audience, which costs us, you

know, in a two year deal probably $ 2 million.

Q Well, let me focus first, on licensing to local stations. You'e saying that, whether or not 10 there are Syndex rules that the local stations have been willing to pay you essentially the same price 12 for the programming?

13 Correct.

14 Q And so now you say you'e lost 10 15 percent of your revenues. Are you saying that' 16 losses due to what? The fact that you'e no longer 17 being carried on super stations?

18 A Yes, well and also there's a lot of spill in from stations around the country that — as 20 an example, Washington spills into Baltimore. You 21 know, Baltimore spills into York, but, York can block 22 Baltimore on cable systems.

23 Now, are you talking about. that,, you'e 24 talking about then revenue losses because you can' 25 sell that barter'?

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1623

No, we can sell the barter, we can'. sell it for as much. In other words, when the Commissioner was talking about, CPM basis, we'e

our CPM would be the same, we'd just have fewer thousands to multiple it, by. And that. costs us a fair amount of money.

Q But. if you'e selling advertising for a Washington market, you'e not -- but. even before Syndex, you wouldn'. have been selling that. up into 10 Pennsylvania, would you? You'd be selling to the advertiser for the viewing in the Washington ADI,

12 wouldn', you?

13 No. No. That.'s not. how barter works

with advertisers. What. you'e talking about. is spot. -- called national spot. business. So if I'm 16 McDonald's, if I want. to buy Washington 17 specifically, I'l buy Washington through that part,

18 of my advertising agency which buys national spot.. But. the part. of the advertising agency that. we deal 20 with or that our national sales representative deals 21 with is basically the network and syndication 22 division of an advertising agency. And so they'e 23 looking at. a national advertising buy.

So when we -- when we sell to 25 McDonald's, McDonald's doesn', specifically say I'm

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1624 buying Nashington and I know they'e blocked in York. They'e saying they'e reaching 1,700,000 children everyday with their programming, I'l pay

them a $ 5 CPM for that. But if -- if -- if Syndex is imposed, which it. is in our situat.ion, we would instead of having a 1,700,000 children, we might, have a 1,530,000 children. And then, consequently,

you multiple the same q5 CPM and we come out. with a lower ad rate and lower return on our investment,. 10 But., of course, you could have decided not. to license the program up in York, right., that

12 would have been another alternative?

13 Yes, but then that. would have cost us

14 audience as well.

15 So you make your decision about. how to 16 maximize your revenue as between licensing your 17 program in different. markets against. whatever impact 18 there is on advertising right?

19 Yes, although there is no barter

20 advertiser -- I mean, no barter syndicator who would 21 not. want, to sell every market they can and have it. 22 on the Super Station.

23

24 But I'm talking for

25 No one would make that. decision that. you

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1625 just described.

Q But. you could — in other words, it. all goes back to, you have a bunch of decisions that. you make-- Yes. -- about. how you'e going to license your programming. And, indeed, you'e trying to license your programming to the cable networks as well, right'? 10 Not. at. the same time.

12 They'e exclusive runs.

13 Q So you make an exclusive license to the local stations first'? 15 Yes, in the syndication marketplace, 16 correct.. 17 And then after that.'s

18 A Although we would love to get on a cable

19 network, we can'. also because the same mentality 20 that says they want. to invoke Syndex says that we

21 don't want. USA Network. I mean, we had a situation

22 where we created a one hour TV drama called Catwalk, 23 which aired in the 1992j93 season, which featured six young people who formed a rock band and focused 25 on their lives. And it. was the first. show of its

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1626

kind like that. and MTV wanted to air it at. 10:00 o'lock on Saturday nights, but. we could not, get. the station community to agree to do that.. That. same mentality is Syndex.

Q Well, let,'s go back and focus on this example of Washington and York. You said that. before you could offer Syndex to the station up in York it. would still be willing to pay you the same price for the program? 10

Which means the same number of spots. Wasn'. the same return to us because we get blocked because of Syndex but, it.'s the same number of commercial 30s is basically how it.'s broken down.

COMMISSIONER GOODMAN: Could you sell 30s, by the way, as opposed to 15sP Are they all 30s?

19 THE WITNESS: In the children's area I 20 don'. know of any 15s at. the moment. I'm sorry. I 21 do know of some that the toy companies are doing. 22 So there is some 15 exposure but by and large it.'s 23 30 second blocks. But. there is some 15s. There are 24 some 15s, pardon me.

25 COMMISSIONER GOODMAN: I think -- Does

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the FCC set, standards for viewing, the amount, of commercial minutes?

THE WITNESS: Yes.

COMMISSIONER GOODMAN: What. is it. in children'?

THE WITNESS: It. depends if it's week day or weekend. You can run 12 minutes in an hour during the week and you can run 10 and a half minutes in an hour on the weekend.

10 BY MR. HESTER:

Nowt I take j.t if you had a progra111 that was attractive enough to the station in New York, you could say, look, I want, more spots now because you'e going to invoke Syndex and you'e going to therefore reduce the revenues that. I would otherwise be making off of this barter arrangement. That. could be part of the negotiation, right? It. could but, would have no validity for

19 us unless we could do it. everywhere. Unless Des

20 Moines and New York and Kansas City all agreed as well. 22 As an example, Star Trek is an

23 enormously popular program. Their basic barter deal is seven minutes per hour for them, five minutes for 25 the stations. They could probably get. a sweeter

NEAL R. GROSS COURT REPORTERS AND TRANSCRISERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1628 deal but they don't because they can't sell that. everywhere. And you need — and their critical mass is probably about, 98 percent of the country. But. they can't do it. It would be wasted time for them.

Why would it be wasted time? Because they can'. sell it to a national advertiser. They could sell it to spot advertisers, couldn't they? 10 Unlikely. Just. by virtue of the way the system works. It would become too big a hassle for 12 an ad agency to have to build a department that 13 would focus on that. Could happen some day. Just doesn', happen now. 15 Let's move away from the Star Trek example to the Washington/New York example with your 17 programming. You could try to negotiate for a 18 larger chunk of the barter advertising once you know 19 that. the station is going to invoke Syndex rights? 20 Could we do that? I don't think we 21 could that, actually now because I think that— 22 theoretically you could do it. Practically you 23 can't because the stations perceive that the 24 syndicators are taking as much time as they possibly 25 can give now. And it would not be economically

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1629 viable for them to give any more time. For the stations? Yes. I mean, that, threshold is tested in children's animation. And ve're basically there. So that. you'e just. essentially reached the, essentially, the equilibrium in the negotiations with the stations? Yes. Yes, basically. Could change but. at. the moment. it.'s been pretty steady for the last. 10 five years. Thank you, Mr. Claster.

12 MR. HESTER: That.'s all the questions I have.

14 CHAIRPERSON DAUB: Thank you, Mr. 15 Hester.

COMMISSIONER GOODMAN: Mr. Claster, do

17 you produce your programs, that. is something like

18 the Pink Panther. Do you purchase that. as a 19 completed product and then distribute it or do you 20 hire the animation house and the writers and the 21 voices and put. it, together yourself?

22 THE WITNESS: It. depends on the project..

23 If you take Pink Panther specifically, MGM has hired Quest. Television to distribute the program. And we

25 vill vork with them on the production. We will work

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1630 with them on the scripting, on the story boards, voice selection, character design, all of those things. But. they are the executive production company and their executives are the executive

producers. We are the syndicator in that. situation. As opposed to -- well, Romper Room is an example where we produce it. completely. And we have executive producer credits. They'e the two extremes. And then there -- a number of our 10 projects fall in between.

COMMISSIONER GOODMAN: Do you executive

12 produce any animated programs?

13 THE WITNESS: We -- well, for instance,

14 I was an executive producer with Tom Griffin and Joe 15 Bacal on GI Joe, on Transformers. But in the case 16 of Muppet. Babies, an example, obviously Jim Henson 17 is the executive producer. Henson Productions hired

18 us to distribute. MGM has hired us to distribute.

CROSS EXAMINATION

20 BY MR. STEWART:

21 Good morning, Mr. Claster. I'm John

22 Stewart.. I'm here representing the National

23 Association of Broadcasters.

24 Good morning. How are you? 25 In its heyday Romper Room was produced

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in large part. by the stations to whom the program vas licensed, is that right?

A Well, the physical production was done by the stations. All the scripts and the formats, and the segment bible, came out. of Baltimore. So nothing vent in that. show without our imprimatur.

Q So you basically told the stations hov to do it, and then the stations produced it in their own studios with their own teachers and kids? 10 Well, we told them and also we trained them. And we trained all the teachers. And the 12 primary contact for the teachers on content. was our

13 headquarters, not the station. 14 And vas that. still the case in 1990?

15 No. Romper Room was only on in a few

16 markets local live in 1990. 17 You put it on Mr. Hester was from 18 apparently.

19 A Well, Mr. Hester I assume graduated -- I

20 think he was a Do Bee and not a Don't Bee.

21 COMMISSIONER GOODMAN: I hope we'e

22 going to have a video tape of that..

23 THE WITNESS: Well, we could check the 24 station and we would find out..

25 BY MR. STEWART:

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1632

My TV debut was on the Colonel Bleep Show in Youngstown, Ohio actually. And I'm sure that. tapes -- there weren', tapes for one thing.

A There might have been. I think they'e been destroyed. At, least. I hope so. At least. you hope so. Yes. Just to follow up on a few of the 10 matters you'e already discussed. When you go to a station, you don'. take -- If you go to a market, to 12 sell one of your cartoon shows on a barter basis and 13 a couple of stations in the market are interested in 14 it., you don'. cut. deals with them as to how many 15 minutes of time you'l seed to them or whether or 16 not. you'l take fewer minutes of barter time to cut, 17 a deal with one station as opposed to another? 18 It's a standard deal. That's correct..

19 They take it, or leave it, in that. format?

20 Correct. That's correct.

21 Q On this question of Syndex, let. me make

22 sure that. I understand it clearly. Let's say we

23 have two television markets, Market. A and Market B.

24 And a station from Market. A is carried in a few 25 places as a distant. signal in Market. B. And you

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1633 license your program to that station in Market A and then you also license the same program to the station in Market. B. You with me so far? Yes.

Now, is it. your position that. if the station in Market. B, whether or not. it, received Syndex rights from you by contract, did not exercise its Syndex rights to require that. program to be blacked out on the systems that. carried A you would 10 be better off? Yes.

12 Because that. would be additive audience

13 and you could sell it to barter advertisers on a 14 national basis?

15 Yes, we believe so.

16 MR. STEWART: That.'s all the questions I

17 have.

18 COMMISSIONER GOODMAN: Thank you, Mr.

19 St.ewart..

20 MR. STEWART: Thank you.

21 CHAIRPERSON DAUB: Mr. Garrett.

22 CROSS EXAMINATION

23 BY MR. GARRETT:

Good morning, Mr. Claster. My name is

25 Bob Garrett. and I represent. the Joint Sports

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1634 Claimants in this proceeding. Nr. Claster, let me ask you to turn

first, to page 3 of your written testimony. Do you have that. before you, sir? I do.

Q At. the bottom of the page you identify a number of the programs that, have been produced by

Claster TV, correct? Syndicated.

10 Syndicated by Claster TV?

A Right. Some of them we produced and 12 syndicated, some of them we just syndicated.

13 Q Do you know whether those programs were broadcast by television stations during 1990?

15 Do I know if some of them or all of 16 t.hem?

17 Do you know whether all of t:hem were

18 broadcast?

19 I know that. some of them were not. 20 broadcast,. 21 Which ones were not. broadcast in 1990?

22 Great Space Coaster was not broadcast. in

23 1990. Jem was not broadcast in 1990. Visionaries 24 was not broadcast in 1990. And it would be very 25 hard for Bucky O'Hare and Casper to have been on in

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1635 1990. Fair enough. Fair enough. How about. Transformers? I'm trying to think if Transformers was on the air in 1990 and I don'. know specifically if it. was or not. I believe it was though.

Q Do you know whether it was carried as a distant signal basis by any cable system in 1990? Well, none of our shows would have been 10 carried distant, signal I believe in 1990. Well, I shouldn', say that. I mean, if our signal went into 12 a market where it wasn't an overlap, then it could 13 have been, yes. I don't know all the specifics on 14 that. I apologize. 15 That's all right. The Motion Picture 16 Association has included in one of its exhibits here 17 a listing of all the various programs that. showed up 18 in their study as having a distant signal viewing. 19 All right.

20 Q And I was unable to find any listing in 21 that, particular exhibit which is attached to Mr. 22 Cooper's testimony for Transformers. 23 Then it didn'.

24 Q Is it possible that, the program would be 25 listed under a name other than Transformers?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~3 WASHINGTON, D.C. 20005 (202) 234-4433 1636 It. should -- unless it.'s The Transformers. And what. about But. I don', -- But that. would be it,. Only now -- we have a new version of Transformers airing right now but, they just call it. Transformers Generation II but. it. should show up. For the record, you are looking through at. the moment the exhibit attached to Mr. Cooper's 10 testimony identified as ARC-5, is that correct? Up in the top right-hand corner of the very first. page.

12 Do you see that? 13 Oh. I guess, yes, it says Alan Cooper's

testimony. It. doesn'. say ARC-5 on my sheet.

15 Q But, that, is a listing of all the various television programs that are included in the MPAA

17 Nielsen viewing study to the best. of your knowledge?

18 Yes. I mean, I think I would say yes.

19 I can'. answer it. otherwise. 20 Actually looking through the list. 21 quickly I think there's one show they'e missing. 22 No, I'm kidding. 23 I'm sorry, were you waiting for another 24 question here? 25 Yes.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1637

Q I asked I guess whether or not the Transformers would be listed under a name other than Transformers? Right.. No, it, would not. be.

I also did not. find any reference to My Little Pony. Would that. be-- That. could be true, too. That could be true, also. And for the New Archies, I also saw no 10 listing? That. could be true.

12 And it. wouldn', be under another name

13 other than New Archies? 14 No, it should not.. And the Romper Room show's approximately

16 15,000 household of viewing hours in comparison to a 17 total of about. two billion household viewing hours. 18 Are you familiar with the concept. of household

19 viewing hours? 20 I am. 21 Does that. number sound about, right. for

22 Romper Room? 23 It could be, yes. 24 It. appears from the listing the MPAA put 25 in that. your most. widely viewed program on a distant.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1638 signal basis was the Muppet Babies. Does that. sound correct. to you? That could be correct,. Of about. 3.6 million household viewing

hours out. of a total of 2 billion household viewing hours, does that. sound right, to you? If you say so, yes. I can'0 -- I don'. have the knowledge to disagree with you. Early this morning, Nr. Claster, you

10 referenced the deleterious effect. that Syndex had had on your operations, do you recall that?

Did you describe that deleterious effect in your written testimony that. you prepared for this proceeding? No.

17 Q No. That was something that, you came up with this morning here for the first. time? 19 That I came up with this morning for the 20 first. time? 21 Yes.

22 Gosh, I don't think so. No, I think 23 I'e been aware of it ever since Syndex got, implemented. As I mentioned to you before, we were 25 the first. company in the United States to deal with

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1639 Syndex for a major syndicator property. So I'e been pretty aware of that from day one.

Q That. was not something that. you included in your written testimony before the tribunal? That.'s correct. Did you oppose the adoption of the Syndex rules at the time that. they were being considered by the FCC?

We did not. take a position at. the time.

10 We did with our stations though. Did you file--

12 We did not file a brief. 13 You did not. file comments with the FCC 14 opposing the adoption of Syndex rules?

15 A No, we did not..

16 Are you aware of any other barter

17 advertisers who filed comments with the FCC opposing

18 the Syndex rules? 19 I can honestly say I don'. know. 20 Have you gone back to the FCC 21 Although you just, said barter

22 advertisers. I think you meant barter syndicators.

23 Yes, thank you very much. Are you aware of any other barter syndicators who had opposed the 25 adoption of the Syndex rules?

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS t323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1640

NO, but, I can tell you that those of us who are dealing in barter were not. thrilled with the prospect. of Syndex from day one. Have you gone back to the FCC and asked them to repeal the Syndex rules, either generally or at. least with respect. to barter advertising? No, we have not..

MR. GARRETT: I have no further questions. Thank you very much, Mr. 10 Clastero

CHAIRPERSON DAUB: Thank you, Mr.

COMMISSIONER GOODMAN: Where would you

find Muppet. Babies on ARC-5?

CHAIRPERSON DAUB: There's a Muppet. Movies.

MR. GARRETT: It.'s under Zim Henson's

Muppet,

19 Babies. It.'s under J. That. is the same program, is 20 it, not., Mr. Claster?

21 THE WITNESS: It, is.

22 CHAIRPERSON DAUB: Thank you, Mr.

23 Garrett.

24 Mr. Campanelli.

25 CROSS EXAMINATION

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1641

BY MR. CAMPANELLI:

Q Hi, Mr. Claster. I'm Rick Campanelli, counsel for the Devotional Claimants. Hi. And just for the record, I think it' important to note that, we didn't watch Romper Room in our family because we were never mentioned when they looked in the mirror of all the kids'ames. But, we did appear on— 10 What was your first, name, again'P It was Rick and I was very disappointed. I'd be surprised if it, wasn't mentioned.

13 COMMISSIONER GOODMAN: A lot of Tims

14 probably.

MR. CAMPANELLI: Lots of Tims and Scotts

I notices ~

17 THE WITNESS: And I know for sure that,

18 John was mentioned.

19 BY MR. CAMPANELLI:

20 Q Just a couple of questions. You were 21 saying that the shows that, kids watch are becoming 22 more important to parents in their decisions to 23 purchase cable among other things? 24 I don't know that, I said that 25 specifically. I think what. I said was is that.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1642 children's programs -- I didn't say that. the content. was, I just children's programs.

Q Do you think it. makes a difference what. the content. of the programs is to parents who, especially parents who aren'. around? I think to some parents it, does. I think to some parents it does and I think -- I think all of us who provide programming, stations, distributors, producers, are very careful to provide 10 programming that all children can watch. Nobody wants to face a boycott.. Nobody wants to face a problem with your programming. And generally, correct me if I'm wrong, but, I think your point. was that. you felt like 15 animated television is becoming more important. to children and therefore-- It.'s not. -- That isn', what I said. When you say it's becoming more important, to 19 children, animated programming is proliferating 20 because it. has proved to be one of the best. ways to 21 attract. children to a television station's audience.

22 Were you aware that. in 1990 there was a 23 religious animated feature called Super Book? 24 Yes. And do you know who that. produced by?

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1643

I do not.. I think it may have been

produced by CBN but I'm not, sure. Christian Broadcasting Network? Yes.

Yes. And that. was-- Was I right? You were right.. That was on the air in 1990.

NR. CANPANELLI: Thank you, I have no

10 more questions.

CHAIRPERSON DAUB: Thank you, Nr.

Campane1 1 i. Ns. Saunders, would you like to?

NS. SAUNDERS: Yes, I have just. a few redirect,.

REDIRECT EXAMINATION

BY MS. SAUNDERS:

Q Going back to the idea of promotion of

19 characters, animated characters. Do you know, Nr. 20 Claster, if Barney and Sesame Street, characters are 21 promoted for example during PBS's pledge week?

22 I have reason to believe that, they are,

23 yes. There's a significant. amount. of controversy 24 over Barney's exposure during pledge week.

25 What. kind of controversy?

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1644 Well, there were a number of parents who were disturbed by the fact that it seemed like they were commercializing Barney too much in the ways in which it was being used in pledge week. And you'e aware of these things because when deal in the commercial arena, you understand those kind of situations. Thank you. Mr. Hester asked you, I think, or 10 implied that thexe was some degree of production or some of the programming decisions that go into

12 producing children's pxogramming, there's an orientation towards making that programming attractive to advertisers I think was the drift of 15 that, line of questioning. And I was curious, is 16 that a correct statement ox is pxogramming — do 17 your efforts involve making programming attractive to kids? 19 Yes, absolutely. If I heard him 20 incorrectly on that. — You always produce 21 programming for your audience. And advertising

22 follows audiences. Always true.

23 Now touching on the importance of 24 Syndex, or the effect of Syndex. Stations you'e 25 mentioned pay the same price for your programming

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234&433 1645 with Syndex and without. Syndex? Right. Your sales are barter, aren', they? Correct. So you get. the same number of spots but. the return is lower because your sales are lower under Syndex? Correct.. MS'AUNDERS: Those are all the

10 questions I have.

CHAIRPERSON DAUB: Thank you, Ms.

12 Saunders.

13 Thank you very much, Mr. Claster. That. 14 concludes your portion of the testimony. (Whereupon, the witness was excused.) Then we'l take a short break at this

17 t.ime--

18 MR. LANE: I had anticipated that, this

19 would take until 11:00 and that.'s when Allen will be 20 here. I'm sorry that I

21 CHAIRPERSON DAUB: At 11:00?

22 MR. LANE: Yes.

23 CHAIRPERSON DAUB: We will have a--

MR. STEWART: We can ask 10 more

25 questions.

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1646

MR. LANE: Only if it's about. Romper

Room because otherwise

Why don'0 you do the Romper Stopper.

CHAIRPERSON DAUB: That.'s what. I was going to suggest..

MR. STEWART: Was it helpful in getting you into law school?

CHAIRPERSON DAUB: We'l be back at. 11:00.

10 (Whereupon, at. 10:47 a.m. a brief recess

unt.il 11:09 a.m. )

12 Whereupon,

13 ALLEN COOPER was called as a witness by Counsel, and having been previously duly sworn, resumed the witness stand and 16 was examined and testified as follows:

17 CHAIRPERSON DAUB: Mr. Hester, would you

18 like to proceed with your cross examination?

19 CROSS EXAMINATION

20 BY MR. HESTER:

21 Good morning, Mr. Cooper.

22 Good morning.

23 Nice to be here with you. You know me.

24 I'm Tim Hester representing PBS. 25 Let. me first begin by circling back to

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1647

some testimony that. you gave on Friday. I believe

you said that. MPAA was not. making a claim for harm in this proceeding based on the general dilution of audiences that occurs due to distant. signal retransmission. And that. instead the claim for harm is focused on specific duplication of programming, is that. what. you said? I said that both elements of harm. That. the one that I focused on was largely -- that the 10 one that Syndex was addressing itself to was duplication of programs. But the harm, the general

12 harm, relates to the retransmission of distant

13 signals which dilutes the opportunities of licensees to obtain the maximum viewing of their programs.

15 Nell, are you saying that both elements

16 are part. of the harm claim that. MPAA is submitted? 17 Yes sir. 18 And let me ask you about. this question 19 of general dilution of programming or general

20 dilution of audiences. On a percentage basis how 21 many distant. signals are there in a given market. 22 place compared to the total number of programming

23 opportunities that. would be available to cable households?

25 My recollection is that the average

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1648 cable system carries about five distant. signals. And then how many channels are there on a normal cable system? You mean local signals? Yes, local cable system. No, I mean total number of channels that, would have programming of one sort. or another?

On a cable system? Right..

10 You'e dealing with retransmitted programs or programs including basic networks and 12 pay cable? 13 Everything.

14 Everything?

15 Right..

16 Around -- I would guess on an average

17 between 35 and 40.

18 And sometimes as high as 60?

19 Sometimes it. could be as high as that. or 20 perhaps even higher. But on average is what. your 21 questions was. 22 Right. And let. me ask you, do you have the entire book of MPAA's case there? Yes, you do. 24 If you could look at the last table in Mr. Besen's 25 testimony. It's Table 4.

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1649 I see that now.

Q And you see the number of distant signals he shows there on average for all cable systems are in the range of 3.67? It's the last entry in that, box. Yes.

Q Is that in accord with your understanding that. on average during 1990 there are about, three and a half or four?

10 My own recollection was closer to five which I have just testified. 12 Would you accept this number as

13 accurate?

14 Yes, I would.

15 MR. GARRETT: Madam Chairman, just, so

the record is not confused on this point. We had 17 submitted an exhibit earlier in the proceeding that 18 was taken from data that Mr. Larsen had provided. 19 Among other things, it gave data as to the average 20 number of distant signals carried by Form 3 cable 21 systems and the average number of DSCs, and other

22 matters. And I don't recall the exact, number but, 23 that table has already been put in to the record and I'd believe I had asked Mr. Lane at that time 25 whether or not, we could at some point to agree to

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1650 stipulate that. those were the correct. data concerning distant. signal carriers.

CHAIRPERSON DAUB: That's very good. Mr. Lane, do you have any comments?

NR. LANE: I don', recall the conversation. I don't remember the testimony but. if it. was as Mr. Garrett. states, I presume we can work something out.

CHAIRPERSON DAUB: Thank you.

10 Did I understand you that you would like to visit with Nr. Lane and come to some stipulation 12 or were you referring to the fact that you'e

13 already had those conversations?

14 NR. GARRETT: I asked him at. the time

15 that. I put. the exhibit. in whether or not we could 16 stipulate to the data. I think that, we both left. it

17 as one of the issues that. we need to discuss and to

18 resolve. I don'. think there has been a stipulation

19 as of yet.. I trust. that. there will be.

20 CHAIRPERSON DAUB: Nr. Lane just has 21 indicated that. he would be willing to sit. down and

22 discuss it. with you.

23 Nr. Stewart,.

24 NR. STEWART: Madam Chairman, I just. 25 wanted to point. out, that. the description of the

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1651

Table 4 in Doctor Besen's testimony indicates that that average is not, for 1990. It's not entirely clear what it is but it apparently covered several different years. And it seems to me that the exhibit. that Mr. Garrett put in is a more accurate portrayal of the 1990 year.

CHAIRPERSON DAUB: Thank you very much.

Do you recall what the number was?

MR. STEWART: I don'.

10 MR. LANE: Well, if it's important, I mean I assume that the exhibit is here at the 12 tribunal. I don't have any objections to Mr. Cooper 13 looking at that. Sports Exhibit if that's important, 14 to Mr. Hester. I don't have a problem.

15 MR. HESTER: I don't have it handy right 16 now.

17 MR. LANE: Well, the tribunal must have 18 a copy.

COMMISSIONER GOODMAN: I must have it 20 before me. Can you give me hint?

21 MR. GARRETT: Could we go off the record

22 for a second.

COMMISSIONER GOODMAN: Yes. (Whereupon, at 11:15 a.m. a brief recess 25 until 11:18 a.m.)

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 23~3 WASHINGTON, D.C. 20005 (202) 234-4433 1652

BY NR. HESTER:

Q Let me show you what.'s been marked as JSC Exhibit. 15 as part. of the JSC direct. case. There's a set of numbers at. the top of the page for

90-2, Form 3 systems. And the there's a column that. shows the average number of distant. signals. The number indicated is 3.39. Do you see that? I see various numbers from 3.39. I see a 4.172. I see 4.273.

10 With respect to the subtotal that.'s

shown for 90-2, all Form 3 systems, do you see the subtotal shows an average of 3.39? I do. I think, Nr. Hester, I also indicate that, that. number varies from 2.67 to 4.73 in that, same column. The average is 3.399. So that if we had on a given cable system 35 to 40 programming channels, the impact. of

18 the distant signals is going to be roughly what,, add about. 10 percent to the total programming options? 20 Not at. all. Of the options, yes. But. 21 not, of the viewing.

22 Total number of programming options is

23 what. I was asking for.

24 That.'s correct.

25 And this dilution effect. you'e talking

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS t323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1653 about would of course only effect. cable households. It.'s not. going to effect, viewing among households that. are watching over the air television, right? Non-cable household, yes. Right. So that.'s roughly 40 percent, of the population is non-cable?

On a national basis, yes.

CHAIRPERSON DAUB: Excuse me. Let me understand this clearly. So that, the number of 10 distant signals carried during the 1990, the average numbers that Doctor Besen indicated here, 3.67, is

MR. HESTER: Close to the number that,'s shown in the Sports exhibit, which is 3.39. I mean, I think the point I was trying to make is it' roughly around or somewhat. over 3.

THE NITNESS: As I'e testified, Madam

Chairman, it.'s my recollection based upon the work

19 that. I have done with this material that, the average

20 is between 4 and 5, which I think is again born out. 21 by the data that we'e just seen. Except. in dealing

22 with something called an average of all Form 3 23 systems where that number is somewhat. lower.

24 BY MR. HESTER:

25 And then the point we were just. making

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1654 is that insofar as there's harm relating to audience dilution, that's only going to apply to roughly 60 percent of the households that have cable? It. would apply to all the cable households but. only to about 60 percent. of total households. Right,. And this dilution would effect. all of the programming in the local market. place. It.'s not 10 limited to dilution of audiences away from

programming in the MPAA category, is that. right?

12 That's true.

13 Now, let. me ask you about. the other component. of harm that. you'e mentioned relating to 15 direct. duplication of programming. Is it. fair to describe that. phenomenon as instances where you have

17 a program in a local market. and the distant. signal 18 duplicates the program? 19 Duplicates the program or the series in

20 the case of a series of programs.

21 Q And do you see more harm in relation to

22 such duplication when the distant signal is being

23 shown -- I'm sorry. Distant signal is carrying the program at. roughly the same time of day as the local program?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1655 I think that duplication would be somewhat, more severe if the programs were carried at the same time. Have you made any effort. to quantify how much of this duplication exists? I haven't done so recently. I did so several years ago. I was thinking particularly in relation to 1990? 10 No, I have not done this analysis for 1990.

12 Q Would you also agree that. there's a

13 duplication to some extent. in the programming that' 14 licensed to cable networks as compared to 15 programming that might be licensed to local stations in a given local market?

17 A I don', think there's any significant 18 amount. of duplication resulting from that. I think 19 the programs that are licensed to the basic cable 20 networks, I think is what you'e referring to, is 21 different from the programs that are licensed to

22 broadcast stations.

23 Let me ask you to look at an exhibit.

24 we'l mark as PBS Exhibit 6-X. 25 (Whereupon, the document. was

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202j 234-4433 1656

marked as PBS Exhibit. 6-X for identification.)

BY MR. HESTER: Mr. Cooper, could you describe generally what. this is?

A These are pages from the Arbitron syndicated program report or syndicated program analysis which we sometimes refer to as the SPA report..

10 SPA?

SPA.

12 What. does that stand for?

13 Syndicated program analysis.

14 And this one relates specifically to the 15 Andy Griffith Show, is that right? 16 First page does.

17 Don'. all the pages relate to it?

18 I don', know that.. I didn', look. Yes. 19 And let, me just state for the record so 20 it.'s not, confusing. Mr. Cooper, confirm this or 21 tell me if I'e got. it wrong. I think the pages, 22 the first and the second pages are actually one 23 large page if you look at. it, and then new entries 24 begin on the third page. So the third and the 25 fourth go together and you would read them across.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1657 I know it.'s a little confusing the way it.'s been copied but, is that. the way you'e looking at, it. as well? Yes.

Now up at. the top of the first page there's a reference to November 1971 as the first.

SPA. Do you see that? Yes. Does that. signify the first. time that 10 this program would have been available in syndication or what. does that date signify?

12 It. means the first. time it. appeared in

13 the SPA report.. And so does that. mean the first, time it.

15 would have been available in syndication?

16 I don'. know. 1 could -- I don'5 when

17 Arbitron started the SPA reports so I can't tell

18 that..

19 Do you know when Andy Griffith was first 20 made available in syndication? 21 No, I do not,.

22 Has it. been at least. 20 years since it

23 was first. released in syndication?

24 I believe that's true.

25 Now, let me ask you just. to focus on the

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1658 first. set. of entries in the ADI program totals. Mr. Hester? Yes?

May I just interject.. I'm not. so familiar with the SPA. I deal with the Nielsen ROSP report. which is similar to the SPA but I do not. work I have not worked with the SPA reports.

Q Well, if we get. to a juncture where you'e not sure, just let me know. 10 Fine. And we'l move on.

12 Do you understand this report to be

13 providing information on each ADI where Andy 14 Griffith was being broadcast by a local station 15 during November 1990? 16 No, these are the -- That.'s correct.

17 So if I look at. the first. entries here

18 for Amarillo, does the entry for KAMR, is that. the 19 reference that shows where Andy Griffith was being 20 broadcast. or in that month'? 21 Yes, and it indicates a very unusual

22 situation to the extent. that. KAMR, according to 23 these data, only transmitted three episodes of the 24 Andy Griffith Show during that. month. 25 T/C stands for telecasts'?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1659 Number of telecasts. So that. you can look down the column here and find the number of telecasts in any given ADI, is that right? That's correct.

Q So if we go down to Atlanta, we can see

22 telecasts on WTBS? Yes, because as Mr. Valenti testified earlier, it.'s of value to the local stations to be 10 able to strip programs. And the 22 telecasts indicates this was stripped on Monday through Friday

12 on station WTBS. 13 And so if we go down a few more entries 14 we can see Augusta and again that was shown 22 times

15 during the month, Monday to Friday, at 6:00 p.m., is 16 that. right?

17 That's correct.

18 I don'. have anything further on that,,

19 Mr. Cooper. You can set. that aside.

20 I hand you, another exhibit. marked as PBS 21 Exhibit 7-X.

22 (Whereupon, the document. was

23 marked as PBS Exhibit. 7-X for

24 identification.)

BY MR. HESTER:

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1660

Q Mr. Cooper, can you identify this exhibit for the record, please? Yes, this is apparently an exhibit offered by Marcia Kessler. It's a summary of some data from our phase 1 report, presumably the metered — the diary study rather for 1990. All right. And then second page, do you recognize that as showing the comparable numbers from the diary study for 1989? 10 It appears to be that, yes. And, in fact, can you confirm from 12 looking at, these figures some of the totals on these 13 two pages, these are the same figures that you were 14 working in your discussion with Mr. Garrett? 15 Yes, they are.

Q Let me say for the record, I stapled 17 pages together from exhibits from different years. 18 The first page is from the 1990 proceeding and the second page is from 1989. 20 And so, Mr. Cooper, this exhibit, shows 21 the total household viewing hours for the diary 22 study for cycle data 1989 and 1990, is that right? 23 That's correct.

24 Q Now, Commissioner Goodman asked you last 25 Friday about the implications of applying the

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234%433 WASHINGTON, D.C. 20005 (202) 234-4433 1661 household viewing formula to allocate awards among different, program categories. Do you recall that d1scussion? Of course.

Q And looking at the first page of Exhibit, 7-X this shows roughly total household viewing hours

for MPAA in the range of 1.6 billion, is that right. That's correct. And it also shows that the total for all 10 other programming categories would be in the range of 396, 397 million?

12 Around 400 million.

Q Now, do you have handy somewhere the PBS

14 Exhibit 3-X that we'e looked at before? This is 15 the one that shows the programs. I have another copy if you wanted one. I do have it. 18 Okay. 19 I have it.

20 Q And you can check me if you wish, but 21 I'e added up the viewing hours shown on PBS Exhibit 22 3-X, it comes out to roughly 668 million viewing 23 hours, does that sound about. right to you? 24 It seems reasonable, right. 25 And I'e also added the totals through

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1662

the first. 12 programs listed on PBS Exhibit. 3-X and it. comes out to about. 406 million, does that sound also about right? Yes.

You can check my math if you want, to. It.'s all right. I think that.'s about right.. So if one were to apply these household viewing hour results, the conclusion would be that. 10 if you looked just at the top 12 programs on PBS Exhibit, 3-X, that those had more benefit. to cable 12 operators, more value in the marketplace than all of

13 the other programming retransmitted by distant. 14 signal in 1990, is that. right? That, would be the 15 implication? 16 That.'s correct.

17 And in addition if one were to apply the 18 household viewing hour formula, it would lead to the 19 conclusion that Andy Griffith and the Flintstones 20 alone had more marketplace value and more benefit. to 21 cable operators than all of the PBS programming

22 retransmitted by distant. signal in 1990, is that,

23 right? Yes.

25 And I take it. you would agree that. these

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1663 viewing hours aren'0 measuring the reasons why people subscribe to cable, is that right? The reasons people subscribe to cable is to obtain programs that they otherwise did not, have access to. And programs they wanted to view.

That's why they subscribed to cable. Let me focus on the first, part of your answer. You said that one of the reasons people had subscribed to cable is to have access to programming 10 they wouldn't otherwise have access to, is that. right?

12 That's correct.

13 And isn't it true that there could be a 14 program or a set of programs that would cause people 15 to subscribe to cable even though that program or set of programs is less heavily viewed than others 17 that the household might. watch? Isn'. that true?

18 There may be certain special programs

19 that, have particular interest, yes.

20 Q And let me go back again to the question 21 I put, to you, isn't it, true that. the viewing hour 22 study can't measure the reasons why people subscribe 23 to cable? 24 I don't agree with that. I think that 25 the reason people subscribe to cable is because via

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1664 their subscription they have access and can view programs they want to watch. But if you count up the number of viewing hours, you can', tell from that, the reasons that people subscribe to cable?

A I think I can. That. the reason they scribe to cable, as I indicateg I ll say it, for the third time, is to see programs that they want that they'e interested in seeing. 10 Let me ask you to look at, your testimony in last year's proceeding. For the record, this is 12 page 775 of the transcript of Mr. Cooper's testimony last year. Could you read into the record, please, the question starting at line 15 and your answer at line 18? The question was, I don't know who put 17 this question. This was Mr. Campanelli, actually.

19 Okay. It says: "Your study nearly 20 reflects the viewing preferences not subscription 21 preferences of all the members of the household."

22 And my answer was, "That's correct." And that would

23 still be my answer.

24 Q That the study doesn', measure 25 subscription preferences?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2~33 WASHINGTON, D.C. 20005 (202) 234-4433 1665

No, it. measures the extent. to which people have access -- gain access to programs that. they want, to watch and do watch. But it. doesn'. measure subscription preferences? I don'. -- perhaps I don', understand what. subscription preferences means. In this just reading that. one sentence. But last. year you said it did not 10 measure subscription preferences?

A I think there's a lead into that.

12 question that needs to be clarified in order to

13 understand what,'s meant, by subscription preferences.

14 I take it, you do agree with me that, 15 there could be a program or a set of programs that 16 could influence the reasons why people subscribe to 17 a cable system, even if they don't watch that 18 program very much during that. week. They watch that.

19 program but. that. program might. only be on an hour or 20 two or five hours a week, that.'s all it's on. It, 21 influences them to subscribe?

22 Yes, it. could influence them. Of 23 course, there's a big financial cost, to watch those 24 few programs that you'e talking about.. I think 25 that. people make these value judgments depending

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1666

upon how much value, how much use they make for get — how much bang they get, for their buck, if you

would. How much value they get. for each dollar they spend for their subscription. And one of the values could be getting access to programming they didn't otherwise have access to, is that, right? That's true.

Let me ask you to turn to page 5 of your

10 testimony. It's the top paragraph and the final sentence of that top paragraph on the page. And you 12 say that, the most fundamental factor determining 13 price is the buyer's estimation of the number of 14 viewers the program will attract. Do you see that?

15 Yes, indeed.

16 And you'e talking about their buyers 17 who are buying a program for which they'e going to 18 try to sell advertising time, is that, right?

19 A Not necessarily. I'm referring largely 20 to the fact that anyone whose going to retransmit 21 programs to the public, that the primary concern that he has is the number of viewers that that 23 program will attract. 24 Well, but if- 25 The reason I'm saying that about

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1667 advertising is the fact. that, the same thing would apply in terms of basic cable networks or pay cable networks; that. the principle criterion is the number of viewers that. the program will attract.. When you'e selling advertising time on the program, that.'s very important, isn'. it? Yes, and it.'s also important when you'e not. selling advertising program, which is the case with pay cable, for example.

10 Q With pay cable, you'e getting money from any given subscriber who is willing to pay 12 extra for it, right? 13 That.'s true. And the reason that, they 14 would subscribe to pay cable is because the programs 15 that. pay cable is offering are attractive to them.

16 Q Now let. me ask you again about. PBS

17 Exhibit. 3-X.

18 Wait. a minute. This one.

19 Right.. Right.

20 In a free market. are you suggesting that. 21 the highest. license fee that cable operators would 22 be willing to pay for any program would be to the 23 Andy Griffith Show?

24 Yes. 25 That.'s your testimony?

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1668

A That's my testimony. The cable operators would be willing to pay more for Andy Griffith than any other single program if they had to barter for — or negotiate for each given program?

A I believe that's my answer, yes.

Q Do you know how broadly available Andy Griffith is in local markets even if it's not. found on distant signals? 10 According to the data that you just gave me, I can see some figures here. You'xe referring-

— you indicate that 87 stations telecast Andy Griffith during November, 1990. I think that's also 14 indicative of the value of that program, that, 87 15 stations have detexmined that they would license that pxogram and present. it to their audiences. 17 And let me ask you to turn to the second 18 page of Exhibit. 6-X. It shows that at. the top of 19 the page there there's a reference to ADI markets 20 percentage of U.S. coverage, do you see that? 21 Yes, I do.

22 And that figure of 59.09 percent, is 23 that percentage of television households that. are 24 covered by these local broadcasts? 25 Those are the number of households in

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1669

the 84 markets, of which these 87 stations are located. So what. is the 59 percent? Is that. 59 percent. of total households in the United States? That.'s total U.S. television households. I'm sorry. The record may not, be clear. 59 percent. of total television households are being reached by Andy Griffith? Fifty-nine percent. of total U.S.

10 television households are in the 84 markets in which Andy Griffith is telecast, by local stations.

12 Q Okay. And that', of course, before any 13 distant. signal retransmission is factored in, this 14 is all local broadcasts? 15 Strictly the number of households within 16 those markets of those stations.

17 Mr. Cooper, let. me ask you to turn to

18 page 8 of your testimony. 19 Yes, sir. 20 And here in the middle paragraph on this 21 page you make reference t:o problems with diary 22 studies, is that right?

23 I do.

24 And specifically one of the points you 25 refer to is that it. has been shown that. diary data

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1670

may not, reflect all of the viewing of all household members, is that right? That's true. And is that something that, can in particular effect children's programming? I think that that's a fair statement.

Q That diary studies can tend to understate viewing of children's programming? I think that's a reasonable statement. 10 And you also make the point. on this page that, it's been shown that the households that, return 12 diaries may not be representative of the total 13 population, is that also right? That's true, they may not be. 15 And both of these points that we'e just discussed are biases in the diary methodology, is 17 that right?

18 A They re deficiencies, if you will. I don'. know if they'e being biased. I think that, 20 for example, when you mention children' 21 programming, this applies to the syndicated 22 programming as well as the programming from other 23 sources such as from PBS.

24 But the point about undercounting 25 children's programming is certainly something that,

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2&&433 WASHINGTON, D.C. 20005 (202) 234-4433 1671 could effect. the counts for PBS, is that. right? I think it.'s less likely than for syndicated programming. I had a feeling you might, think that,. The reason I say that -- the reason I say that., Mr. Hester, is that. I think that. the PBS programming is primarily -- children's programming,

of which the two primary ones in my memory, in my experience, are Sesame Street. and Mr. Roger' 10 Neighborhood, this is in 1990 before Barney, I think, are largely viewed by very young children. 12 And young children are more likely to be viewing

13 television with parents present. and monitoring their viewing.

15 Q But young children, obviously, don'. fill out. diaries? 17 They do not., and that.'s the reason I

18 acknowledge the statement you made.

19 Q Now, whether we want to call it. a bias

20 or a defect, in the diary methodology, are there 21 others that, you'e aware of? You mentioned these

22 two here. The fact, that. the households that.

23 returned the diaries may not be representative of 24 total population, the fact that the diaries may 25 understate viewing by particular segments within a

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1672 households. Other defects that you'e aware of? Well, there are other problems that are acknowledged by the rating services. I think that, one of the major problems in dealing with the functional illiterate people in our population who couldn'. possibly be able to handle a diary. And, unfortunately, there are too many of those in our population.

Q And there's also problems of recall, 10 right, when people don't fill out the diaries at the moment that they'e viewing? 12 I think I'e mentioned this.

13 Q Are you aware of any effort to quantify the extent of these either defects or biases? 15 Oh, yes, there are continually — there 16 have been major studies made by organizations such

17 as CTAM by the industry comparing diary data, 18 metered data and coincidental ratings information to 19 ascertain the extent to which these deficiencies 20 effect the audience levels. 21 Are you aware of evidence that diary

22 data systematically under represent PBS? 23 No, sir.

24 You haven't seen any of that, evidence?

25 I think — it's my view, Mr. Hester,

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1673

based upon my experience both in commercial broadcasting and public broadcasting is that PBS would probably be overstated as far as viewing by those people who maintain diaries. Have you done any-- The reason for that is the fact. that. people who filling out diaries tend to indicate more prestigious viewing -- more prestigious and presumably wholesome programming than they may 10 actually be watching. And I think that. PBS would fit, into this level of doing good type thing making

12 an entry like that. in a diary.

13 Have you ever studied that?

14 I have at one time.

15 But. I'm talking in more recent. years?

16 I have not. made an analysis of any 1990

17 dat.a.

18 Now, I believe you'e testified in your

19 written statement. here that. only about. half of the 20 households that. received diaries actually complete

21 them?

22 That.'s true.

23 And these t'.end to be certain kinds of 24 households, I take it, that. complete the diaries? 25 I'm not aware of the fact. that. those who

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1674 return diaries are essentially different. from the full sample to whom the diaries were sent,.

Q Well, there are segments of the population that, are under represented in terms of the return of diaries, is that right.'? I think that they would be just. as the ones which I'e just, referenced. But the fact. that responses are received from only about half of the households that. receive 10 diaries, means that this is not. a random sample? It. is not a random sample.

A It,'s the households was elected selected randomly, but, the end result. of having any kind of a bias in terms of non-response effects the randomness, if you would, of the overall result,. And I testify that. that's one of the reasons that, I shy away from the standard error type of

19 calculations as they relate to any research data.

20 And the reason you shy away from them is

21 what?

22 Because you need a perfect sample in

23 order for the standard errors to be really 24 applicable. And there's no such thing as a perfect. 25 sample. I think, for example, I'm not, quite -- this

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1675 is just a notion that. I have based upon too many years in this business, that. even if you took statistics like the Bureau of Labor statistics that. determines the amount. of employment and unemployment, in the industry, that you'e going to have a lot. of nonresponse there, too. Now, I take it you would also agree that. there are biases or problems with the methodology of the meter study, is that. right,, in terms of the 10 meter viewing? The metered study also has problems.

12 And I'e indicated in my testimony what. some of 13 those are. What. are they?

15 Well, some of those are the fact that 16 the metered study does not, necessarily indicate that.

17 there's actual viewing going on, particularly the 18 supplies where you'e dealing only with household

19 meters rather than those which demand active 20 participation on the part. of views. 21 And so television could be on, nobody

22 watching it.

23 Cats, dog. It.'s possible.

24 Right. And that all gets counted as 25 viewing hours?

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1676 That's correct.

COMMISSIONER GOODMAN: Ralstan sells a lot of product, that's probably ——

BY MR. HESTER:

And am I right. that the meter measurements that were used in the meter study

that's been submitted by MPAA are those that simply are measuring tuning? They'e measuring when the set. is on?

10 It's my understanding that, the metered material from the National People Meter Study and, 12 but, that the data which are presented in a metered study are for households only.

14 Q But you'e aware then that the meter study that had been presented are those that, would not, require input. from particular members of the household, they'e simply measuring the tuning'?

No, I think that, in my testimony, Mr.

19 Hester, I have continuously referred to it as 20 National People Meter research. And that's based 21 upon the information that. I got from the Nielsen

22 Company and would suggest, that, those are the meters 23 that which people do indicate who is viewing, but 24 those data were not used in terms of projections 25 which are based upon households.

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1677

I may be-- Nell, when you'e using people meter studies you can develop data either for the individual persons who are viewing or for the households in which those persons reside. The data that are presented that, were presented by Mr. Lindstrom relate to the households in which anyone was viewing, any person was viewing. And then it.'s

my understanding that these are based upon national 10 people meter metered households. But do you know whether the data that. have been employed are based on tuning or whether these data are adjusted for the fact that. somebody has actually pushed a button to say that, they'e

15 watching?

16 It.'s my understanding that it.'s based

17 upon someone pushing the button in the household 18 indicating viewing.

19 Would you be troubled if the metered 20 study had been prepared based on data that simply

21 was based on tuning?

22 Not significantly.

23 But. you would see that, as a bias or a problem with the study if it had been based on--

25 As I indicated, that is a problem with

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1678 metered -- with the non-people metered household data. And is it. correct. that advertisers considered the fact. that. you would be measuring tuning and not, viewing to be an impediment. to the use of metered data until there were buttons or some other device to signify that. people were watching? No, I don', think so at all. I think that, advertisers for decades were very much

10 satisfied with the metered data pre-people meter when it was just a passive meter installed in every television set in the household. And they still

And they recognize that. there is this tuning versus viewing problem if they have a pass You have another problem that. comes in with people meters, the extent to which people-- which viewers are actually indicating the person'

19 who are viewing. There are problems, deficiencies 20 in all kinds of research, but. essentially I think 21 that everyone in the whole universe that has to deal

22 with buying programs, selling programs using

23 programs on all broadcast media are very happy with 24 the Nielsen household data. 25 People metered household, is that. what.

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1679 you meant? All household, whatever the metered data are. Nielsen employs both types of meters now. They have both the people meters and the non-people meters, just the set meters. Now, is it right that the responses from the people meters are also not, a random sample? They'e not a perfect. sample, yes. And what,'s the reason that they'e not?

10 Because there are times when the meters will not. function. There are problems that way.

12 Or visitors are in the house watching

13 the television?

14 Well, that, should not. be a problem with

15 people meters because the people meters make

16 allowance for the entry of information concerning

17 visitors.

18 Q Now, let me ask you about, the diary

19 study for a moment.. Is it true that the viewing 20 results for any given diary are subject to a waiting 21 formula?

22 Oh, yes. I think that, this was

23 testified before. Yes.

24 And so that means that when you have

25 received results from a given household, a diary

MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C, 20005 (202) 234-4433 1680 from a given household,, the number of hours recorded in that diary are actually multiplied by a factor? Yes, the factor differs from market to market. depending upon the number of diaries related to the population of TV households in that, market. And where — can you give me an example of the range of factors one might see? I'm sorry, I don't know. I think that what, we'e dealing with is essentially 100,000 10 diaries in tab during a month — monthly period. That would indicate about, 25,000 diaries during each

12 week and it would be 25,000 projected over to the 92, 93 million households totally in the United States.

Q What's the assumption underlying the weighting of different diaries'

A The assumption relates to the number of in tab diaries to the total population of the area 19 in which the diaries were distributed. 20 So are you trying to make the results in

21 comparable to the results in Little Rock Arkansas, is that what the weighting is trying

23 to accomplish?

24 A No, no. The weighting says that. if we 25 do — if we have a 1,000 diaries in a market with a

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234%433 1681

million TV households, then each one of those diaries is weighed to -- represents 1,000 households. If you'e dealing with — with 300 households in an area with 50,000 households, the weighting is three fiftieth or it would be around six percent of a total. So it varies that way. But in every market there's a minimal number of diaries that, are distributed and this changes with respect

10 to the total number of households in that market. There are more diaries distributed in the large

12 market, fewer in the smaller markets.

13 Q So it's possible that you could have raw results reported in the diary study into different 15 communities that obviously would get. different

16 weights in the diary study?

17 That's correct.

18 Q Now, am I right that there were no weights applied to the results from the people meter 20 households, it wasn't done the way you'e just 21 described it for the diaries?

22 A I don', — no, that's not. true. I

23 believe that there was — I was present, during part 24 of Mr. Lindstrom's testimony, and I believe an 25 exhibit was presented which indicated the weightings

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 2344433 1682 that took place. Well, I'm thinking about. something a little different. Are you thinking of the weightings that were applied to the results for a given station? I believe that's something that of nature. I do see — did see that weights were applied to the metered study as they were also to the diary study. 10 Well, I'm not talking about, weights that were applied to a given station. As I recall it—

12 A Different, household.

13 Right. I'm talking about viewing—

14 let's take viewing of WTBS. Viewing on WTBS 15 received a weight of one in the Lindstrom study, is 16 that right?

17 Not. that I know of.

18 You don't recall that either? No, sir.

20 Do you recall what the weight, was?

21 A No, sir.

22 My question is whether viewing in

23 different communities in the meter study was 24 weighted? In other words, if you have a household

25 xn—

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A To the best. of my knowledge, Mr. Hester, it. was. And you think that would be the proper methodology for the meter study as well as the diaries? Yes, indeed. And is that. because in your view you would need to weight, the meters to account for the number of households they should represent?

10 A Yes.

Q Now, you mentioned a total number of

12 diaries in tab 100,000 in a given sweep month, is

13 that right?

14 Yes.

15 And about, 25,000 diaries in a given

16 week?

17 That's correct.

18 Q And those dairies are, obviously, going

19 both to cable households and. non-cable households?

20 That's correct.

21 Do you know approximately how many 22 diaries were ultimately received from cable

23 households that, were ultimately used in this diary

24 study?

25 I don't know. My assumption would be

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1684 that the percentage of diaries from cable households was equivalent to the number of diaries — number of cable households in each community. And communities with 60 percent cable households, and I would assume that 60 percent of the diaries were from cable households. And then communities where there was 80 percent cable, I would assume that 80 percent of those diaries came from cable households. Well, on a national average if there

10 were 100,000 diaries in tab in a month, you would end up with about 60,000 diaries for cable households, is that right? That's correct. That would be my understanding, Mr. Hester.

And. so over the course of the four sweep months you'd end up with 240,000 diaries? Yes, a quarter of a million, right.

18 Q And that. would compare to a total number of cable households of about 50 million, is that, 20 right? 21 That's correct.

22 So that would mean that the diaries were received from somewhat less than one percent. of 24 total cable households, is that right? 25 It would be from 250,000 versus 50 odd

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1685 million, yes.

CHAIRPERSON DAUB: I thought. the numbers

for the total figure was close to 6 million?

THE WITNESS: To which?

CHAIRPERSON DAUB: Sixty million, rather.

THE WITNESS: It.'s about 60 million, yes. It.'s about. 60 percent. of 90 -- 94 million

total TV household, which would be about 54, 55 10 million.

CHAIRPERSON DAUB: Okay.

12 (Whereupon, the document. was

13 marked as PBS Exhibit. 8-X for

14 identification.)

BY MR. HESTER:

16 Q Mr. Cooper, let. me hand you what. we'e

17 marked as PBS Exhibit. 8-X.

18 May I add something to the Chairman's

19 question? 20 Sure.

21 There are also a lot of homes that. are

22 stealing cable service.

CHAIRPERSON DAUB: Oh.

24 THE WITNESS: And when you added those 25 together with the average, you'e probably got, 60

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1686 million.

COMMISSIONER GOODMAN: It.'s probably a dead giveaway when in their diary they indicate programming that. they'e not paying for.

MR. HESTER: Maybe I should ask you,

would you like me to push ahead or do you want. to stop now for—

CHAIRPERSON DAUB: No. What,'s your preference?

10 COMMISSIONER GOODMAN: How long do you think your cross examination will be?

12 MR. HESTER: I have at least. another

13 half hour.

CHAIRPERSON DAUB: I say we break for

15 lunch.

MR. HESTER: Okay. That,'s fine by me.

17 CHAIRPERSON DAUB: Is this all right?

18 MR. HESTER: Sure. That,'s fine by me.

19 CHAIRPERSON DAUB: Okay. Ne'll break 20 for lunch and we'l be back at. five after 1:00. 21 (Whereupon, the hear ing was adjourned at. 22 12:05 p.m., to reconvene this same day at. 12:05 23 p.m.) 24

25

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AFTERNOON SESSION (1:12 p.m.)

CHAIRPERSON DAUB: Back on the record. Mr. Hester?

MR. HESTER: Thank you, Madam Chairman.

CROSS-EXAMINATION (Resumed)

BY MR. HESTER:

Q Mr. Cooper, right before lunch I handed you an exhibit we'd marked as PBS 8-X, do you see that?

10 A I have it.

Q Can you identify what this is? I can tell 12 you if you are not, sure.

13 A This is an August 11, 1993 printout by 14 Cable Data Corporation, which lists full-time distant 15 subscribers of various stations.

16 MR. HESTER: And for the record, I have 17 included in this exhibit selected pages out of a 18 larger printout, just to avoid burdening the record,

19 and this has pages 8 through 16 of a larger printout.

20 BY MR. HESTER:

21 Q Mr. Cooper, am I right in understanding 22 your testimony that it was your intention to include 23 in the diary station sample, all stations that had at least 80,000 distant subscribers, on average, during 25 1990? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1688

A That's correct, Mr. Hester.

Q Now, would you turn to page 9, which is really the second page of this Exhibit 8-X.

A (Complying.)

Q Do you see the reference in the middle of

the page for KAET for Phoenix?

A Yes.

Q That's an educational station, is that right?

10 A That's correct.

Q And you see the average number of subscribers in 1990, shown there as 84,126?

13 A I see that.

Q That station was not included in your diary 15 study'as it?

16 A Xt was not.

17 Q Could you explain the reason why it was 18 not?

19 A My assumption would be that the data that 20 we had in 1991 when we selected the diary sample, 21 indicated that the full-time distant signal households 22 of the station fell below the 80,000 level that we 23 talked about.

Q But in 1993, didn't you go back and re- 25 examine the full-time distant subscriber data to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1689 assess the accuracy the data you had first used in 1991?

A I did to some extent, yes.

Q And that's reflected in Exhibit ARC-2, is that right, where you show data for full-time distant households in 1993 as well as 1991?

A That's correct.

Q So, looking at these 1993 data, KAET should have been included in the study, is that right?

10 A Could have been included, and should have been included, yes.

12 Q And the same point would apply to NGBX, a 13 few lines further down; do you see that station?

14 A Yes, I do.

15 Q And that also should have been included?

16 A I'm not quite sure about that one, Mr. 17 Hester.

18 Q Nhy do you say that?

19 A NGBX is essentially a satellite of NGBH in 20 , and it may not have been measured separately 21 in terms of its viewing by Nielsen.

22 Q Do you know that for a fact?

23 A I do not.

24 Q But in any event, there are distinct

25 subscribers to cable systems that carry NGBX as MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1690

compared to those that carry WGBHP

A It would barely have made the cut. Between

KAET and WGBX, you see KCPT. These are in sequence by

full-time distant subscribers, and KCPT in Kansas City was included in the sample.

Q Right. And if you look down at the line

below WGBX, you see KMEX?

A Yes.

Q And that has full-time distant subscribers 10 below 80,000, is that right?

A That is on -- in 1993, Mr. Hester, as I testified, Mr. Larson changed his methodology with 13 respect to partially distant signals. Previous to that, KMEX'udience was substantially above the 15 80,000 level when the total subscribers of the cable

16 systems that carried KMEX as a distant signal were 17 counted. 18 I would also like to add that in 90-2, the

19 figure for KMEX that I got from Larson was 83,770, 20 which is somewhat different -- which is the figure 21 shown here under 90-2.

22 Q Right. So, on Exhibit 8-X, the number 23 corresponds with what's shown in your Exhibit ARC-2, 24 is that rightP

25 A Yes. And it was my assumption -- since NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234%433 WASHINGTON, D.C. 20005 (202) 234%433 1691

KMEX previously had had substantially more than 80,000

subscribers in all periods, it, was my assumption when

we were drawing the sample, that KMEX would continue to have more than 80,000 full-time distant subscribers.

Q How, why couldn't you just have stopped at the single criterion of 80,000 distant subscribers?

Why did you need to go on to use the Larson formula as well?

10 A The which formula?

Q I thought you mentioned that this was Tom—

12

13 A The weighted formula.

Q And, Tom Larson's formula.

15 A Yes. As 1 also indicated, the problems that we have with getting subscriber data relate to the fact that these numbers are changing based upon 18 the extent to which the Copyright Office places the 19 Statements of Account into the public record. And 20 some of these are not accessed at the same time, but 21 accessed later.

22 Q So, the result of using the Top 125 formula 23 is that you did include some stations in the study 24 that had full-time distant subscribers below 80,000? 25 A Yes, we acknowledged that, Mr. Hester. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1692

Q And how many commercial stations did this end up adding -- commercial stations that had full- time distant subs below 80,000, do you know?

A Well, the 64 that were Yes, I think there were a total of five.

Q There are 61 that were actually Yes, that' the number that we corrected before.

A Pardon me?

Q Wasn't the number 61, not 64? Isn't that 10 the correction we made'?

A No, you'e talking about -- you said 12 commercial stations.

13 Q Right, and you talked about

A And I'm including the independents. Among

15 the independents, of the 42 Yes, one, KMHX, is less than 80,000. On the second page, the figure is now 61 17 rather than 64. There were four that were less than 18 80,000. 19 This is the first year you'e ever included 20 this Top 125 formula as part of your selection 21 criteria, is that right?

22 No, I think it came out to the 125 on my first cut. It wasn't part of the selection process. Let me be more clear. 25 I did not try to get 125 stations. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1693

Q In 1989, for instance, when you drew the diary sample, you just used a cut-off of a number of full-time distant subscribers, right? The same thing applied in 1990. You didn't use, in addition, this Top 125 formula?

A I didn'. try to use that formula.

Q And you'd never used that formula before you did the 1990 study?

10 A That's correct.

Q Nhen did you make the decision to use that 12 formula in addition to using a straight cut-off?

13 A I didn't use that formula. You'e saying I used a formula of 125, I did not. I will say it 15 again, Nr. Hester. As far as I recall right now, going back two years, it just happened to fall at 125 17 stations. I did not seek to get 125 stations in the 18 sample.

19 Q Nell, what I'm asking about -- if you would 20 turn to page 15 of your testimony, at the bottom of 21 the page, you'e got two numbered criteria. The first 22 criterion is whether you have 80,000 or more distant 23 subscribers. The second criterion is whether the station ranked among the Top 125 per this weighting 25 formula. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1694

A No. I want to again emphasize the word "or" following point one.

Q Right.

A That meant it was an alternative. I looked at both these factors, not make a selection just to get to 125. What I was looking for was to have some assurance from the data that we had access to in 1991, that the station would or would not measure up to that 80,000 criterion.

10 Q But in priox years you didn't use the alternative of the weighting formula2 A Mo, I didn't have access to it.

13 Q This was the first year it was available to youP A First year that I saw it and was able to 16 use it. I was trying to be particularly caxeful 17 because the Tribunal, in previous proceedings, had 18 pointed out that some of the stations that fulfilled 19 this criterion had not been included, and so I was 20 making an extra effort to see that the stations that 21 did qualify were represented in the sample. So, I 22 used the second alternative, I used the other data 23 that became available to me.

24 Q And KAET in Phoenix would at least be one 25 that should have been included, as we'e discussed. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1695

A Yes. Again, I would suspect myself@ Mr.

Hester, that if I looked at the KAET figure, that it would have shown up with less than the 80,000 in the data that we had access to in 1991.

Q Let me ask you to turn to the next page, which is Exhibit ARC-3 in your testimony.

A (Complying.)

Q And this is where you undertake to compute the percentage of royalties that are accounted for by 10 the stations that you included in your sample, is that right?

12 A That's correct.

13 Q And you show there a figure for Total

14 Royalties of $ 161 million, do you see that?

15 A That's correct.

16 Q Is that number too low? 17 A Is it too low? I would like it to be 18 higher, yes. 19 (Laughter.)

20 Q Where did you get that $ 161 million figure? 21 A I got it from data -- as I said there, data 22 compiled by Cable Data Corporation.

Q And the Cable Data Corporation, among other

24 things, wouldn't include any royalties paid by Form 1

25 and Form 2 systems? MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1696

A Again, as I specifically stated in this exhibit, it's limited to Form 3 systems. And the

reason it doesn't compute the data for Forms 1 and

Forms 2 i at our request, is because I had no

information on Form 1 or Form 2 statements regarding distant signal carriage. (%hereupon, the document was marked for identification as Exh.

10 Ho. PBS 9-X)

Let me show you what we will mark as PBS 12 Exhibit 9-X. (Handing document.) 13 (Perusing document.) Mr. Cooper, have you seen this document before'P

Hoi sire

Do you see the total figure there of $ 179 18 millions

19 A Yes, I do.

20 Q And that would be the total cable funds 21 available as of September 17, 1992, is that right?

22 A They would include interest, which is not

23 included in my figure.

24 Q Right. So, if one were to apply this

25 figure of $ 179 million, am I right that the stations NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 234-4433 1697 that you'e included in your study account for 85 percent of total royalty payments?

A No, sir, not at all. I think that the figure would continue to be 94, to the extent that

interest. would be paid on this money, too, on the $ 161 million that I use as a total.

Q Well, it couldn't be 94 percent because

this $ 179 includes the Form 1 and Form 2, right?

A No. It could very well because the Form 1s 10 and Form 2s contribute very little money to the pool.

Q Isn't it. a fact, that. the Form 1 and Form 2

12 contribute about 5 percent of total royalties?

A Probably, yes.

Q And just looking at the amount of money

15 paid in here for the sample stations, it's $ 152 16 million for the sample stations, right?

17 A That's correct, that was on the Statements 18 of Account at the time they filed the Statements of 19 Account.

20 Q So, you would agree that the numbers, if

21 one takes into account Form 1 and Form 2, the number 22 is less than 94 percent of total royalties?

23 A Oh, yes, I certainly would agree to that.

It's less than 94 percent if you count the Forms 1 and 25 Forms 2, but I haven't been doing that. I counted NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1698 only the Forms 3.

Q But royalties in this proceeding obviously are being allocated for all?

A I think that that's true, and I think that

if there were some way of measuring the Forms 1 and

Forms 2 the same way we did Form 3, the number would be higher.

Q Well, now, we don't know that the stations you'e included in your study accounted for 94 10 percent, or 90 percent, whatever the number is of

total distant viewing, do we? We know that they 12 accounted for some percentage of royalty payments. Do 13 you follow me?

14 A I think that what you are now dealing with 15 is the extent to which the sample accounted for the 16 percentage of total viewing accounted for by the 17 sample stations. I can only tell you viewing for the 18 sample stations, I can't tell you viewing for anybody 19 else.

20 Q And so you don't know that the stations in 21 your sample accounted for 90 percent of total distant 22 viewing?

A No, sir, I cannot tell you that.

Q And so we don't know what percentage of 25 total distant viewing is actually covered by the diary MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1699 study?

A The same question you asked me before, the same answer.

Q Okay. Now, you'e included 24 Public Television stations in your study, right?

A Yes, sir.

Q And do you know how many total Public Television stations were retransmitted by distant

signal in 1990? Do you have that figure?

10 A No, I do not.

Q Does the figure 150 sound about right to 12 you?

13 A Night be, because I know that there are some -- last count I knew, there were over 300 Public 15 Television stations.

16 Q Nell, let me ask you right now to take as 17 a given the fact that there were 147 Public Television 18 stations retransmitted by distant signal in 1990. 19 Just take that as a given.

20 A I will take it as you say.

21 Q And that, would mean, if that number is 22 right, that the stations you'e included accounted for 16 percent of all of the Public Television stations carried by distant signal, is that right?

25 A Yes, sir. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1700

Q And we don't know how much of the distant signal viewing of Public Television is actually accounted for by those stations, do we?

A We don't know.

Q Now, the primary selection criterion, as we ve just been discussing, is distant subscribers to cable systems that carried distant signals, right? That's correct. And that's just, not the same as distant, 10 viewers?

A It is not. And, obviously, I could not 12 know what the distant viewing would be at. the time we 13 did the sample selection.

Q And would you also agree with me that there 15 is not necessarily a correlation between the number of distant subscribers for a particular station, and the 17 number of distant, viewers?

18 A I would not accept that. I think there is 19 a very close correlation.

20 Q Have you ever studied that.'?

21 A I do know that the stations that are in the 22 sample with the highest amount of full-time distant 23 carriage, are also the ones with the largest number of 24 household viewing hours.

25 Q I'm not, talking just about the largest now, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1701 I wanted to talk about, all of those you included in your study. Have you ever studied the correlation between distant viewing and distant subscription?

A I think I have, okay? And I think I presented data along these lines in the 1989 proceeding, and indicated the very rapid drop-off in terms of viewing, as you got down to lower carriage levels.

Q Let me ask you about Public Television 10 specifically. Have you ever looked at the correlation between distant viewing and distant subscribers on

12 Public Television?

13 A I don't think I have. I may have or may not have, I don't know.

15 Q But in any event, you would agree that there is not a one-to-one correlation between distant 17 subscribers and distant viewing? In other words, you could have--

19 A I don't agree with you there. I mean, I'm 20 not trying to say it's precisely one-to-one, but I 21 think that it's absolutely essential that there can be 22 no viewing of distant signals without distant 23 carriage.

Q You'd have to have some distant subscribers 25 to have distant viewing, I take it. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1702

A You can't view a distant, signal unless you are on a system that carries that signal on a distant basis.

Q Right. But would you also agree with me that you could have a station with a smaller number of distant subscribers, that has more distant viewing than a station with a larger number? You would agree that that's certainly—

A It's possible. You'e stating this thing as 10 a hypothesis and, on a hypothetical basis, anything is possible.

Q Well, it's reflected in the results of your study, isn't it? You can find stations that have lower number of distant subscribers, that have higher 15 distant, viewing, isn't that true?

A I don'. know that to be the case.

Q Nr. Cooper, would you agree with me that 18 when you'e talking about a smaller category like PBS, 19 that if you have excluded a portion of stations that 20 have heavier distant viewing, that would have more 21 effect on the ultimate result for PBS than it would 22 for a larger category like NPAA? In other words, that 23 the results for a category like PBS are going to be 24 more dependent upon whether or not you'e excluded a part of the universe that has heavier distant viewing? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234M33 WASHINGTON, D.C. 20005 (202) 2344433 1703 I don't think so. You don't agree with that?

Mo, I don'. Well, isn't it true that if you'e developed a methodology for your study that has excluded a certain portion of distant viewing for PBS, that that could have a relatively large percentage impact on your results for PBS?

A Again, you'e asking a hypothetical. I 10 think that whatever deficiencies are made because of that, are absolutely more than offset by the fact that 12 for PBS we have made an exception to the other 13 categorization -- to the measurements for other 14 categories. And in the case of PBS, we have shown the 15 percentage based upon all the programming on the PBS 16 stations, both programs that are PBS-distributed and 17 programs that are licensed from program suppliers and 18 presented on PBS.

19 Q Well, in this Phase I proceeding, isn't PBS 20 representing that programming if it's found on PBS 21 stations?

22 A I think that we have an agreement along 23 those lines. I just wanted to make it clear that the 24 difference was that we'e including all programming of 25 PBS stations, including their local programming. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 2344433 1704

Q But my point is that you'e not giving us any benefit, we are representing all of the programming on PBS, which would include, for instance,

some NPAA programming.

A I believe that that's the case as a result of the agreement we reached several years ago.

Q And programmers within the MPAA category can assert a Phase II claim against PBS, isn't that rj ght?

10 A I believe that, they do. (Nhereupon, the document. was marked for identification as Exh.

No. PBS 10-X)

Q Nr. Cooper, let me hand you what, we will

mark as PBS Exhibit. 10-X. (Handing document..)

A (Perusing document.)

Q Nr. Cooper, I'e handed you PBS Exhibit, 10- 19 X. This reflects information we'e received from 20 Cable Data Corporation on the full-time distant 21 subscribers represented in the diary study as compared 22 to the total full-time distant subscribers to PBS 23 stations, network stations, independent stations. Do you see this?

25 A Yes, I do. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1705

Q And do these figures look roughly accurate to you? I know you probably haven't done these precise calculations, have you?

A I don't think I have done the calculations this way, but I think that the numbers are reasonably accurate.

Q And so you are aware that the diary study gives a greater representation to full-time distant subscribers on independent stations than full-time 10 distant subscribers for Public Television or networks?

A I acknowledge that.

Q This is one of the factors that was 13 adjusted for in last year s decision, is that right?

A Yesi sir ~

15 Q And would you agree with me that. if the

16 percentage of full-time distant subscribers for PBS

17 had been at the same level as the percentage of full- 18 time distant subscribers for independents, that PBS'hare 19 would have gone up -- PBS'hare of household 20 viewing hours would have gone up?

21 A Yes. If we had measured all PBS stations, 22 each one of them would have contributed a little bit 23 and the overall total would have been higher.

24 Q And would you also agree with me that the 25 viewing results for PBS, even in your study based on NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1706 the 24 stations, would be depressed if included among your 24 stations are ones that have less distant viewing? In other words, if you selected Public Television stations that have less distant viewing than the norm?

A I wouldn't have selected them. I mean, the selection process was to take those stations with the largest number of full-time distant signal household subscribers, and we tried to do that, without 10 exception, for PBS as we did for other categories of stations.

Q But as we discussed before, that's not 13 necessarily the same as picking out the Public 14 Television stations that, have the largest distant. 15 viewing?

16 A I agree with you on that.

Q But would you also agree with me that you 18 clearly picked the independent stations that had the 19 largest distant viewing?

20 A No.

21 Q You don't know that?

22 A No, I didn't know at the time that they 23 were picked, they were only picked on the basis of 24 their distant households, the number of subscribers 25 that were receiving those signals as distant signals, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1707 the number of households in each case.

Q So, really, you just can't comment on what the distant viewing would be with respect. to any of the stations that haven't been included in the study, is that what you'e saying?

A Of course not.

Q Now, would you agree with me that there are two types of error in the diary study? You have sampling error and you also have nonsampling error?

10 A Yes.

Q And have you made any effort to quantify 12 the magnitude of the nonsampling error?

13 A You mean exclusively? Specifically? No.

Q Have you made any effort to quantify the 15 sampling error?

16 A No. The only extent to which the error 17 factors have been calculated, I know that they were 18 calculated for the 1989 study, and the standard error 19 for that was infinitesimal, it was minute.

20 Q They weren't calculated for 1990, were 21 they?

A I haven't seen them. They may have been 23 calculated, but I haven't seen the results of such 24 calculations.

25 Q Why weren't they done for 1990? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 2344433 1708

A I don't know if they haven't been done. I think they may be in the process of being done. I don', know this to be a fact. I did not ask for such data to be developed.

Q Now, you said that the error rates were small last year?

A That's correct.

Q But those error rates were computed on an aggregate basis across a number of different program 10 types, is that right?

A I don'0 know. I wasn't involved in the calculation. All that I do recall is that they were

13 a fraction of 1 percent.

Q But you don't know how they were computed'

A I was not personally involved in the computation nor was I involved in making a presentation of those data to the Tribunal.

18 Q And let me ask you specifically, do you 19 know whether the error rates were computed on a 20 station-by-station basis?

21 A I don't know.

22 Q Now, when you said that the error rates 23 were small in 1989, that's the error rate in relation 24 to the stations that were included in the sample, is 25 that right? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~3 WASHINGTON, D.C. 20005 (202) 2344433 1709

A Of course.

Q Doesn't tell you anything about the error rate with respect to what you hadn't measured?

A Of course not.

Q So, you certainly can't draw any conclusions about the confidence levels for the whole universe of distant viewing on all stations? A It would only give you the confidence level for the data we presented.

10 Q Which was limited to a sample of stations?

A That's correct.

12 Q Now, if I could ask you to turn to page 2 13 of your testimony, please, Mr. Cooper.

14 A (Complying.)

15 Q At the end of the first full paragraph on

16 that page, you say that the MPAA programming, the 17 series and movies, accounted for more than 80 percent 18 of all viewing, do you see that?

19 A Yes.

20 Q Now, that's 80 percent of all distant 21 viewing on the stations that were included in the 22 study, right?

23 A Exactly.

Q Not the universe of all distant viewing on 25 all stations? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1710

A I never proposed that.

Q And so we can't conclude that distant viewing of movies and series accounted for 80 percent of distant viewing in all cable households in the United States?

A I can't affirm that. I'm quite sure that

probably the percentage may be much higher than the 80 percent.

Q The study doesn't tell you that. 10 A That's correct, and I'm not saying that it does nor am I saying that it's lower.

12 Q You just don't know. 13 A You could say that it would be lower.

Q There's just no way to know.

15 A Okay.

16 Q Now, during your examination by Mr. 17 Garrett, I believe you and he came to the conclusion 18 that about half of the viewing in the study that'

19 attributed to the MPAA category, is based on

20 programming on WTBS, is that right, or viewing of WTBS 21 programming, I should say. Do you recall that?

22 A I gave an estimate at that time, that a

23 very substantial part of the viewing was to WTBS. We 24 may be able to provide more specific data later on.

25 Q How, is it your expectation that the same NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 23~ WASHINGTON, D.C. 20005 (202) 2344433 1711 pattern would apply to the meter study? In other words, that about half of the viewing that.'s been measured in the meter study is attributable to WTBS?

A Yes, I think that possibly even more than half -- more than the figure from the diary study would show up in the metered study. The reason I say that is that it's been shown in other research that the diaries understate viewing of independent stations in favor of viewing of network affiliates and 10 educational stations.

COMMISSIONER GOODMAN: They understate

12 THE WITNESS: They understate independent stations.

COMMISSIONER GOODMAN: And for the 15 educational stations, are they understated or 16 overstated?

17 THE WITNESS: Educational is overstated. This is part of what's called the "halo" effect in 19 filling out diaries.

20 BY MR. HESTER:

21 Q But I thought you had previously said you 22 hadn't studied recently how the diary and meter 23 studies measure Public Television.

A Pardon me?

25 Q I thought you had said previously that you MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1712 had not done any recent study as to whether diaries understate viewing on Public Television. Is that wrong?

A I don't remember saying that.

Q Have you done any study of whether diaries understate viewing on Public Television?

A No, I have not. I am merely stating something which has been found in prior research, that when meters are compared with diary data, that the 10 meters generally understate independent station viewing. This is the reason that independent stations 12 are the ones most anxious to have their markets 13 metered by the Nielsen Company.

14 Q Did you just say meters understate, or 15 diaries understate?

16 A Diaries understate independent stations. 17 Meters presumably provide more accurate data for 18 independent stations because of what has been termed 19 the "halo" effect.

20 Q But are you also saying that meters provide 21 more accurate information as to Public Television 22 viewing?

23 A I believe it would be more accurate, and it 24 would probably be lower than comes out in the diary 25 study. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 23~3 WASHINGTON, D.C. 20005 (202) 2344433 1713

Q You think it would be lover?

A Yes.

Q So, if the meter result for Public Television is higher, does that suggest that the diary results are too low? Did you follow me? I'm not sure I followed myself.

A I think that the metered study data should be higher for educational stations and independents, than the diary study data.

10 Q Let me go back to my point. I was asking really about the mix of total household viewing hours, 12 and previously with Mr. Garrett, you had said about 13 half of total household viewing hours would be

attributed to viewing of TBS within the MPAA category.

15 A Yes, I'm saying that that's a very easily 16 ascertainable fact, and should be no problem. It is 17 quite possible that I will present the real numbers 18 before we finish today.

19 Q For what? For the diary study?

20 A For the diary study.

21 Q And you think the results of the meter are 22 about the same?

23 A I think the results of the meter would be even higher for the independent stations than in the 25 diary study. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1714

Q And, specifically, you think the results of the meter would be higher for TBSP

A Yes, sir.

Q And would you also expect that the programming that's listed on PBS Exhibit 3-X would be the programming that received the heaviest viewing as measured by the meter studyP

A I think that, all programming on independent stations would show up more favorably and with more 10 viewing in the metered study than in the diary study.

Q But at this point, there is no way for us 12 to go back and check this based on what's been 13 supplied as to the meter study, is there?

14 A Mo, I'm just referring to previous 15 testimony particularly during the 1989 proceeding.

16 Q You said you had some numbers for WTBSP 17 Have you done some computations since you gave your

18 testimony on WTBSP 19 Yes, I have. 20 And do you have some specific numbers to 21 provide?

22 MR. LANE: This was done in response to a 23 question from Commissioner Goodman, if we could supply 24 the number for the Top 5 SuperStation, the amount of 25 viewing compared to the total. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 2344433 1715

THE WITNESS: Do you recall that question that was raised?

COMMISSIONER GOODMAN: I thought that you estimated it at 80 percent.

THE WITNESS: The number is 74.5 percent.

BY MR. HESTER:

Q Do you have any other numbers about WTBS? A Yes, the number for WTBS was -- I'l calculate it, for you -- was 986,792,349 out of the 10 overall total of 2,053,300,003 MR. GARRETT: Madam Chairman, I'm just a little confused as to what, these numbers represent.

Are those the numbers of viewing on WTBS?

14 THE WITNESS: Total household viewing hours.

MR. GARRETT: As reflected in Exhibit MEK- 17 8.

18 THE WITNESS: That's correct, in the Phase 19 I report that was presented.

20 MR. GOTTFRIED: I just wanted to clarify 21 which stations were included as SuperStations.

22 THE WITNESS: The five stations that were

23 included were WTBS, WGN, WWOR, WPIX, and WSBK, as I

24 had mentioned earlier. The figure for WTBS alone is 25 48.1 percent. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1716

COMMISSIONER DAMICH: And the total was what, 74.4?

THE WITNESS: 74.5.

BY MR. HESTER:

Q And that number is of the total household

viewing hours assigned to the MPAA category?

A No, that's the total for the whole diary study, the diary study total for all categories.

COMMISSIONER DAMICH: This 74.5 percent, 10 then means this is the percentage of household viewing hours accounted for by the top SuperStations?

THE WITNESS: By the five stations, of the total.

BY MR. HESTER:

Q Now, I was asking you about the programs that are listed on PBS Exhibit. 3-X. Is it your expectation that, we would see roughly the same percentage attributable to these programs as is 19 attributable in the diary study? In other words, that 20 the percentage of household viewing hours attributed 21 for by these 30 stations would be roughly the same as 22 what you'e seeing in the diary study?

23 A Are you talking about in the metered study versus the diary study?

25 Q Right. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1717

A It would be at least this level, possibly a little higher.

Q So, your expectation is that Andy Griffith would probably the program with the leading household viewing hours as measured under the meter study?

A It would be even higher than is shown on Exhibit 3-X.

Q And so you would expect, if we look at these Top 10 programs, you would expect to see the 10 same Top 10 programs in terms of viewing hours, under the meter study?

12 A I'm lost.

Q Sorry. If you look at these Top 10 14 programs as ranked in the diary study, you'd expect to 15 see the same Top 10 programs in the meter study?

16 A Yes, sir.

17 Q Now, the diary study includes measurement 18 of viewing for 3.75 signals, is that right?

19 A Would you repeat that, please?

20 Q The diary study includes measurement of 21 signals that were viewed as 3.75 signals, right.?

22 A That were retransmitted by cable systems 23 that, paid 3.75 percent for carrying them.

Q Right. Sorry. Yes.

25 A Yes. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1718

Q And the same is true for the meter study?

A Yes.

Q Do you know what percentage of the viewing is attributable to the 3.75 signals in the diary study?

A I don't know.

Q And how about in the meter study?

A Of course I don't know.

Q Mould it be about the same as last year? 10 A I don't knows

Q There's no way to determine it from the data that's been submitted, is there?

13 A Mo.

Q Last year, did you submit an exhibit that. 15 showed the amount of viewing that was attributable to 3.75 signals?

17 A I don't recall that, Mr. Hester.

18 Q Do you know how one would undertake to back 19 out the 3.75 viewing from total viewing, for instancei 20 in the diary study, if one wanted to determine how 21 much of the viewing is attributable to 3.75 signals? 22 A I think it would be a very complicated 23 thing to do.

24 Q Are you aware that the Tribunal did that 25 last year, in adjusting the viewing share for PBS? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1719

A I know the Tribunal made adjustments last year, at. least in the 1989 proceeding, and this was their prerogative, not that I agreed with it at all, or the methodology, or the basis for which they made the adjustments.

Q Let me ask you to turn to ARC-5, please.

A (Complying.)

Q Let me ask you first about the BIB code which is shown over to the left of each page. Are 10 there some BIB codes that are dummies?

A Yes.

12 Q Which ones are those?

13 A I don't know. I think the ones with Ss and

9s may be dummies.

15 Q Eights and nines are dummies, or you don'

16 know?

17 A I don't assign the BIB codes. These are 18 assigned by Mr. Larson and his group, for properties which are not listed in the BIB books.

20 Q And your belief is that it's the Ss and the 21 9s that would be the dummies?

22 A I believe that's so. I may be mistaken,

23 but that's my understanding. It's irrelevant to me.

24 Q Now, on each page, you show a release year, 25 do you see that'? MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1720

A Pardon me? Oh, release year?

Q Yes.

A Only for movies.

Q And that was the year that a movie was first shown in any form?

A Generally, theatrical or on television. In television, in the case of telefilms; theatrically, in the case of theatrical movies.

Q And you don't show a release year for any 10 of the series, right.?

A No, sir.

12 Q How would one go about determining when any 13 of the series listed in this exhibit were first shown 14 on television? Is there a source that would tell 15 t.hat?

16 A I think these data are generally available 17 in the BIB books.

18 Q And you would consider those books accurate 19 as to the years that the various series were released?

20 A Yes, I think the data would be accurate 21 within a year or two one way or the other. The reason 22 we do this for movies, by the way, is because many 23 movies have the same title. And in order to distinguish between two movies with the same title, we show the release year. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1721

Let me ask you to turn back, please, to PBS Exhibit 7-X, which we marked earlier. (Complying.) The first two line entries you show on the exhibit are in terms of quarterhours, is that right.

A Yes.

Q And by quarterhours, you'e referring to quarterhours of programming -- programming time?

A Except for PBS, these are the quarterhours 10 of nonnetwork programming.

Q And for PBS, it's the quarterhours of its 12 programming?

13 A Quarterhours on the schedule.

Q And when you show on the first page there 15 for PBS, 26 percent of the quarterhours -- do you see 16 that?

17 A Yes.

18 Q You have computed that number simply by 19 adding up the schedules of all of the stations you'e 20 included in the study?

21 A Within the time periods covered in the 22 diary study.

23 Q So, that's not taking into account the amount of programming that was available to the diary 25 households that were included in your study? In other MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1722

words, the 26 percent figure for PBS doesn't mean that 26 percent of distant signal programming that you studied was PBS?

A Wait a minute, let's try that again. I may be answering you yes. Let's hear it again.

Q Well, I'm trying to suggest that you haven't weighted these shares on the percentage of programming, to take account of the number of distant subscribers who were actually receiving the program.

10 A No, we have not.

Q So, for instance, if you look at the PBS 12 figure where you show 26 percent, that doesn't mean that'6 percent of the distant signal programming included in the study was for PBS.

15 A No. I think I have such a low regard for

the time factor that in my testimony I have made no reference to time and, specifically, for the kinds of 18 things that you'e dealing with right now.

19 Q Right. Okay. I just wanted to make sure 20 I understood what that 26 percent number meant.

21 COMMISSIONER GOODMAN: By time, Mr. Cooper, 22 do you mean daypart or do you mean length of a 23 program?

24 THE WITNESS: No, no, I meant the number of 25 quarterhours of programming. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1723

BY MR. HESTER:

Q Now, I believe that in your discussion with Mr. Garrett., you had said that the viewing hours for all of the categories had declined between the 1989 and 1990 diary studies, is that right?

A They certain have.

Q That's not. true as to PBS, is it?

A I don't know that.

Q Well, let's look at the numbers as to PBS. 10 You see on the first page you show 63.7 million household viewing hours.

12 A Right.

13 Q And if you turn back to the second page, it 14 shows 53.4 million household viewing hours, is that 15 right? Yes. 17 I should say for the record, Mr. Cooper, I

18 think this handwritten notation of PBS was made by my 19 friend Mr. Olson. I presume this is the column for 20 PBS, isn't it, on the second page? 21 I believe that it is that, yes.

22 Q And so PBS is the only category that showed 23 an increase in viewing hours between 1989 and 1990, is that right?

25 A It's an interesting thing. I believe that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1724 you are correct.

Q It actually comes out to about a 20-percent increase in total viewing hours for PBS, right?

A Seems to be about right.

Q And in fact, PBS'hare of distant signal viewing increased about 50 percent between 1989 and 1990?

A That's also correct.

Q Now, Mr. Cooper, let me close by asking you 10 just a few questions about Syndex. I take it at this

point MPAA has not made any formal request for repeal 12 of Syndex rules, have they?

13 A They have not.

Q There have been no formal positions taken 15 on Capitol Hill that the Syndex rules should be 16 repealed?

17 A Not to my knowledge. I don't know. There 18 has been a tremendous amount of discussion on Capitol 19 Hill with respect to revising the Section 111 and 20 other aspects of the Copyright Act of 1986, as it 21 applies to cable.

22 Q To your knowledge, before Mr. Valenti made 23 his statement before the Tribunal the other day, had

24 anyone from MPAA ever stated that the Syndex rules 25 were a mistake? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1725

A To my knowledge?

Q Yes.

A Publicly?

Q Yes.

A No.

Q And I take it during the year in question, during 1990, it was MPAA's position that the Syndex rules were a good thing for the industry?

A I think that they were silent about that. 10 I don't remember'earing any real positive stuff in the last couple of years' No position was taken during 1990, that. the rules should be repealed, right?

A Not, that, I know'f.

MR. HESTER: That's all the questions I have. Thank you, Mr. Cooper.

CHAIRPERSON DAUB: Thank you, Mr. Hester.

18 COMMISSIONER GOODMAN: Mr. Cooper, I have 19 a question. I'm not sure I quite understood the 20 answer. This morning, Mr. Hester asked you a question 21 about Andy Griffith, and you answered, I believe, that 22 the Andy Griffith Show should receive the most amount 23 of money -- and I wasn't sure for what, or from whom.

24 THE NITNESS: It should receive it -- I 25 think that what we have demonstrated here -- and I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1726 think that Mr. Hester has helped us in terms of presenting the SPA -- an indication of the popularity of that. program in terms of licensees, in terms of broadcast stations that are licensing that program for

local broadcast even though it was also carried by WGN

and WTBS during 1990. It's a very popular program, one which appeals to men and women and, according to Mr. Hester's data -- or the Arbitron data -- is a very unique program to the extent that it has two rating 10 peaks. One is in the afternoon, and one is a late evening program. It has the highest ratings during 12 both those periods. It's a very successful and 13 apparently attractive program for the American people.

COMMISSIONER GOODMAN: To what extent is 15 that a self-fulfilling prophesy -- that is that if one

16 were to schedule a program on WTBS, which has 50

17 percent, of the HHVH, and one were to run it a couple

18 of times a day and would run it additionally on WGN

19 and WTBS and some independent stations, why isn't that 20 a prophesy that would virtually fulfill an audience? 21 THE WITNESS: I think that it would. I

22 think that it's also an indication -- both TBS and WGN 23 are run by very astute programmers, and I think you'e had evidence here when Mr. Sieber testified, that, if 25 a program was not pulling its weight and they had a MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1727 better show to replace Andy Griffith, they would do so without hesitation.

COMMISSIONER GOODMAN: But what if they had a program that. would attract far greater viewers, but that the rights fees would be sufficiently higher that the net would be less'

THE WITNESS: Well, I think that that's a value judgment. and a business judgment that they would make. But I think that the first business judgment is 10 that they wouldn't run Andy Griffith twice a day on WTBS, if it wasn't a valuable addition to their 12 schedule. 13 And the other thing I should say, and I don't know if it's been brought out here yet, but the

15 WTBS national level includes national advertising. 16 That's a very significant factor that you should take

17 into account, that the distant signal of WTBS is 18 advertiser-supported.

19 COMMISSIONER GOODMAN: How do you square 20 that with testimony that we'e heard before, that says 21 that national advertisers are essentially unwilling to 22 advertise unless a program reaches 70 or 80 percent of 23 the

THE WITNESS: I'm glad you asked that 25 question. It gives me an opportunity of indicating NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1728

what values are. The WTBS satellite signal is fed via

what they call a "hard line" from the WTBS studio. It is a separate signal in terms of the advertising versus the signal that is transmitted in the Atlanta area. There's a hard line with different commercials. And this is the value that's being attached to those programs.

COMMISSIONER GOODMAN: Let me rephrase that question. We'e had witnesses previously who stated 10 that unless a program reaches 70 to 80 percent of the national audience, then it's not going to be eligible 12 for national advertisers, but Andy Griffith reaches 90 13 -- what percent, does it reach?

THE WITNESS: Of the U.S. audience? Probably 70 percent of total U.S. audience. I think 16 that, Commissioner, keep in mind -- I was here when 17 that kind of figure was mentioned, and I think that it 18 related to the issue of bringing a program into 19 syndication to begin with, for the first time, that 20 unless you had 70 percent national coverage, 21 particularly with respect to barter programs, that it 22 would not be a successful situation.

23 COMMISSIONER DAMICH: I have a clarification question. I thought that I heard you 25 say that there's a tendency on the part of diaries to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1729

overstate PBS because of the halo effect?

THE WITNESS: That's correct, exactly.

COMMISSIONER DAMICH: And, therefore, the meter study would be more accurate with regard to PBS viewership?

THE WITNESS: Yes, sir.

COMMISSIONER DAMICH: And I thought I heard you also say that diaries would understate independent stations?

10 THE WITNESS: Very much so.

COMMISSIONER DAMICH: And what about meters, with regard independent stations?

13 THE WITNESS: Meters would show higher figures for independent stations. And I believe that 15 that's the reason that on a metered study, you vill 16 see that the share for the syndicated program, series 17 and movies, is higher on the meters than it is in the 18 diary study.

19 COMMISSIONER DAMICH: Thank you.

20 CHAIRPERSON DAUB: Thank you. Mr. 21 Gottfried?

22 MR. GOTTFRIED: Last, but not least, I 23 hope.

Good afternoon, Mr. Cooper. My name is 25 Barry Gottfried. I'm here representing the Devotional NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1730 Claimants.

THE NITHESS: Good afternoon.

CROSS-EXAMINATION

BY MR. GOTTFRIED:

Q As you know, like Mr. Stewart, you understand that we'e been critics of ratings in past years.

A People who get low ratings are critical of them.

10 Q Nell, for whatever reason, and they have been the same kind of criticisms as Mr. Stewart talked 12 about: One, do ratings measure the right thing? And, 13 two, are you accurately measuring ratings? 14 I want to focus mostly on the second 15 question but, before I do, let me just ask you 16 briefly, on the first question -- I'm trying to come

17 to the aid of my colleague Mr. Campanelli -- Mr. 18 Hester asked you something about some questions he 19 asked you last year, do you recall that?

20 A Yes, I do.

21 Q I just want to establish that your study 22 counts each quarterhour of viewing as having exactly the same weight, is that right? Any quarterhour viewing of any program counts just the same?

25 A You'e talking about in the time equation, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1731 which I have discounted and rejected, but if you use time as a factor, then it would be the same for every quarterhour.

Q I don't think I was clear enough. Every guarterhour of viewing -- every quarterhour of viewing whatever program it may be for, would count just the same.

A Yes, in the computation of household viewing hours.

10 Q And I think what Mr. Campanelli and you were discussing last year in terms of the subscription 12 value, or subscription decisions, is it's possible-- 13 strike that. There's no reason to assume, is there, that 15 every guarterhour of viewing that any particular 16 viewer does, has exactly the same weight in that 17 person's decision, or that household's decision, to 18 subscribe to cable?

19 A I agree with that.

20 Q But there is no reason to assume

21 A That's correct.

22 Q It would depend who watched it?

23 A Yes.

24 Q And how important it was?

25 A How valuable they considered the program to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1732 be.

Q And your study can't measure, in that sense, subscription value?

A It does not.

Q That's all I want to say on the first point. Let's get to the second question about whether what you have measures the ratings, and I want. to, of course, focus on Devotional ratings. And I think you discussed in cross- 10 examination with Mr. Hester, one reason why -- I want to talk about meter ratings as opposed to diary 12 ratings, and I think you said that independents are 13 generally underreported in--

A Diaries.

15 Q -- diaries. And it's your understanding, 16 isn't it, that most devotional programming is on 17 independent stations as opposed to network affiliates?

18 A In the old days, we had the devotional

19 programs on every station in the country. Now I 20 believe it is more restricted to independent stations.

21 Q So, insofar as there was that halo effect 22 you talked about, ironically, if we were on the 23 independent stations, that would be underreporting us?

A I think that the halo -- it is the halo 25 attached to devotional programming could offset that. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1733

Q So, you wouldn't have an opinion about whether we would do better in the meters or in the diaries?

A I really don't think so. I think that, generally speaking, that people who are devoted devotional listeners would enter those in their diaries. They would not be remiss about doing that.

Q So, the fact that Mr. Lindstrom reported us

as a 1 as opposed to your number, isn't partially 10 accounted for by that. halo effect, in your view?

A I think the numbers are so -- I don't think 12 there's a significant difference in the numbers.

13 Q Between 1 and .17?

A Between 1 and -- was Mr. Lindstrom's a full

15 1 percent?

16 Q Well, that's the report he gave. 17 A Well, if it was, then I don't think the

18 difference between 1 percent and .17 percent would be 19 significant, and I think that the meter figure is 20 possibly more accurate than the diary.

21 Q Let's just focus on that a little bit, on 22 the sample that you selected, another reason why there 23 might have been a difference between the diary and the meter. 25 If you turn to your -- well, I don't think NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1734 you need to look at it, we'e focused on it a number of times -- 15 to 16, where you talk about the criteria of 80,000. Let me turn your attention to ARC-2, and to a station that popped out at me, and maybe to some other people

A 1: know which one you'e going to talk abouto

Q Tell me which one.

10 A .

Q No, not Pittsburgh. Pour down, it's called

KPCB in Concord, California. And as I read what, you have here, that station had an average of 240,000-plus subscribers.

A As of the data we had on December 10, 1991.

Q Nell, that column, the one that. says December 10, 1991, that's the data you were using when 18 you decided what to include and what not to include, 19 right?

20 A That's correct. Plus one other factor, and 21 that is whether or not the station -- whether or not

22 we had ordered TV Data material for that station.

23 Q Nell, let's get to that. This station had a lot more subscribers, didn't it, than some that you 25 included? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1735

A Yes, indeed, it did.

Q Let me mark as Devotional Exhibit 2-X, a little chart that I made. (Whereupon, the document was marked for identification as Exh. No. Devo 2-X)

A I was just trying to see if I was going to be lucky in getting Mr. Hester's testimony, his 10 exhibit

Q Well, I did check that, Mr. Cooper. It 12 looked to me like the numbers that you have under 12- 13 10-91 are the same numbers that you had in the exhibit 14 the handwritten numbers in the column in Mr. 15 Hester's exhibit.

16 A I was looking for KFCB.

17 Q In NAB 51-X, if you look at the last column 18 there that says December 31, 1991, the handwritten column, I think that's what's entered as 12-10-91 in 20 your ARC-2.

A Okay. No problem. The FTD households seem 22 to match the data that we had in this book.

23 Q Well, I didn't start at the top, as you can 24 see. I started a couple above KFCB but, going down

25 the list, the ones listed starting with KCAL and going NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1736

all the way down to KMEX, with the exception of WCFC that. we'l get. to, those all had fewer average distant subscribers, to your knowledge, at the time, is that right?

A That number, 240,000, is a very high number.

Q Why didn't you include KFCB?

A I indicated to you, number one, that I'm

quite certain we didn't have TV Data material for it. 10 Could we take a second off? I want to look at the exhibits that have been presented earlier in 12 this case.

13 CHAIRPERSON DAUB: Please go ahead.

14 THE WITNESS: (Perusing document.)

15 BY MR. GOTTFRIED:

16 Q Just for the record, Mr. Cooper, just so

17 you'l know, WPCG didn't appear on your list. The one 18 you thought I was going to talk about is not on your 19 list this year.

20 A The one that is on my list is the 21 Pittsburgh--

22 Q That was PCB, it's not here this year. 23 Just so the Tribunal -- last year, there

was a lot of fuss about a station called WPCB in 25 Pittsburgh, that had more than 80,000 subscribers, MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1737 that was left off. This year, apparently it didn' have more than 80,000 subscribers, so it's not an issue.

COMMISSIONER GOODMAN: I guess you were leaving off larger stations.

MR. GOTTFRIED: It was a religious station.

THE NITNESS: One of Mr. Garrett's exhibits was the page that we had used initially to make our selection process, and that's the one I'm looking for. 10 MR. GOTTFRIED: Is it this one, Allen, 51-

X?

12 COMMISSIONER DAMICH: You had a list of 13 stations with no figures?

THE WITNESS: The ones that had my little 15 "T" notations on them, that was referenced earlier. 16 It's this one. And we'e dealing with KFCB.

17 BY MR. GOTTFRIED:

18 Q It's on there as number 20. I did notice 19 it. Twenty in the first column. 20 A It had been part of our initial group that we had considered, and then we had to drop it out for 22 -- the primary reason would be that we did not have TV

23 Data information. We had not ordered that in 1989 for that station. 25 I would also suspect that if we looked at NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1738

KPCB historically, that the numbers would not have been close to the 240,000.

Q Mould you have left off a station -- if it had had 50,000 the year before, would you have left it off if it jumped to 240,000? Is that what you'e saying? A I would have been suspicious about that jump to 240.

Q Don't people sometimes pick up stations-- 10 A I'l tell you what the situation would be, Barry. If it had 50,000 the year before, I sure as 12 heck would not have ordered TV Data material for it.

13 Q Nell, let me ask about that. You ordered that in 1989? 15 A You have to order it in advance because

16 until 1992, it's my understanding that TV Data did not 17 retain the tapes that they had prepared for prior 18 years, that they had erased them. So, if you wanted 19 to get the data for 1990, you had to order it. in 20 advance of 1990.

21 Q And is it your testimony that you couldn' tell what program was on unless you had that data?

23 A Ho, I said that the TV Data material was an 24 aid in terms of identifying the programs. Ne also 25 wanted it for another purpose which is outside this NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1739 proceeding.

Q Well, did you make any efforts to figure out what, in fact, was on KFCB?

A I assume that KFCB was a specialized station. I don't know. One of the things that I

think, though, is that KFCB was not included in the listing of specialty stations by the FCC.

Q You use this for Phase II, don't youP these numbers that you get in your study?

10 A Yes, we use the viewing numbers. They constitute one of the main elements of our distribution in Phase II.

13 Q And you didn't check to make sure that you weren't cheating — I mean, let me take an example out of the air -- Mary Tyler Moore. You didn't check 16 to see whether Mary Tyler Moore had programming on

17 KFCB that wasn't being counted because you were 18 leaving out something with 240,000?

19 A No. As I indicated, Barry, that 240,000 20 figure is one that I look at with some suspicion in 21 terms of its being an accurate figure for 1990. But 22 in any event, I couldn't use it because we did not 23 have TV Data for it.

24 Q Well, let me turn your attention to the 25 sample that was used for the meter study. That's in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234~33 1740

NAB Exhibit 42-X. I don't know if you have that in front of you. I have a bunch of extra copies.

A I have it.

Q If you turn to the second listing, the clean listing of the stations that was actually included, except you will see this one little

handwritten that was made in my office, I'm afraid,

but if you look at KFCB in that list, do you see about midway down that page?

10 A Yes, I do.

Q So, that station was included in the meter 12 study, isn't that right?

13 A Yes.

Q And it got a weighting of 1 which, as I 15 understand it, means that it was one of the Top 50 16 stations?

17 A That's correct.

18 Q Does that change your view about whether it 19 really had 240,000

20 A Pardon me?

21 Q Does that change your view about whether it 22 really had 240,000 subscribers?

23 A I don't know.

Q Let's go back and look at these. Do you

25 have NAB Exhibit 51-X in front of you? That's the one NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1741 with your handwritten column at the end.

A I have 51-X.

Q Let's look on page 2, about eight down, Concord. If you look at 87-2, if I understand this, that means there was 132,000 in 87-2?

A 132,000 is correct.

Q Then 169?

A Yes.

Q And 197?

10 A Yes.

Q And 183?

A Yes' Going all the way into 258, as you see here? It looked like a pretty strong number. So, it wasn'. because it had been low

18 A No.

19 Q So, your testimony is that the only reason 20 that station was left out was that you didn't have the 21 program data that you needed?

22 A That would have to be my answer now.

23 Q And somehow Nielsen got program data that allowed them to use it in their metered study, didn' 25 they? MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1742

A Nell, they have no problem. I'm sure that

Nielsen orders all TV Data material for all stations.

Q Nell, Mr. Cooper, I can bring on a rebuttal witness to testify to this effect if need be, but would it. surprise you to learn that that station shows virtually nothing but religious programming?

A It would surprise me that it's not on the FCC specialty station list.

Q Nell, Mr. Campanelli is their lawyer. 10 Apparently they'e taken steps to get on the list. A That's why it would surprise me, Barry, because if it was almost exclusively religious 13 programming, I would expect it to be on the FCC specialty station list.

15 Q Nell, we can save that for rebuttal, but 16 assume with me for a second that it was largely or 17 entirely religious, would that be another reason why 18 the meter study might show more for devotional 19 programming than the diary study did?

20 A I think the extent to which the sample for 21 the metered study includes religious stations, or 22 stations that are primarily religious, it wouldn' 23 surprise me that the religious station figure would be 24 higher.

25 Q Let me go back to something I wasn't sure. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1743 At the time you didn't include the station, you didn' know whether you were skewing your Phase II results by dropping

A I don't know what the Phase II results would be at the time we select the sample.

Q No, I mean by leaving it out, whether you were favoring the National Geographic in favor of Mary Tyler Moore.

A I honestly would not, know, and I think if 10 you look at, that. exhibit that. we examined befoxe, I

did not. list KPCB under the specialty stations group on the right.-hand side of that. page.

Q Nell, let's go down to the next. station

that you left out, NCPC Chicago, on Devotional Exhibit 2-X. That's the next, largest station that. you left off, is it. not?

A It would be the same reason.

Q That. one you knew was a specialty station, 19 though, didn't you? That one has an "S" on your 20 chart.

21 A Yes.

22 Q So, if it's established that KPCB is also 23 religious, the two largest stations in terms of 24 subscribers that you left off were both religious 25 stations, isn't that right? Subject to it being NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1744

established that KFCB

A I don't know because the list that you presented, Barry, was an edited list. It did not start with all of the stations ranked by the number of subscribers.

Q Well, it goes right to the bottom -- oh, you mean there may have been an even bigger station that was left off?

A That's right.

10 Q Well, your counsel can check that. The list is in the record. 12 A I understand that.

13 Q Now, why was WCFC left off?

A Probably for the same reason that KFCB is

15 left off, and that is we did not have TV Data for it.

16 Q You said probably. Do you know?

17 A I don't know that to be a fact. That can 18 be ascertained.

19 CHAIRPERSON DAUB: Not all of the specialty 20 stations were left off?

21 THE WITNESS: No, not at all. We can 22 supply a listing, if you wish, of the stations for

23 which we had ordered TV Data for the year 1990, if that would help answer that question.

25 BY MR. GOTTFRIED: MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1745

Q You included KNEZ in your study, is that right?

A Yes, I did.

Q And that is a Spanish station, isn't it? A Yes, it is.

Q And just looking down your list in ARC-2, you included -- no, you didn't include.

A WNJU?

CHAIRPERSON DAUB: Why was KTFF excluded? 10 I't's go't also over

THE WITNESS: Why wasn't it excluded? 12 CHAIRPERSON DAUB: Why was it excluded in the final sample?

14 THE WITNESS: Again, it, would have to be-- the only reason we vould exclude a station — there

were two reasons. One, we didn't have the TV Data material. Number tvo would be that I vould expect 18 that the number we had in 1991 was possibly inaccurate

19 and subject to change. It was a judgment on my part 20 that the figures we had at the time we made the 21 selection may not have been accurate. 22 CHAIRPERSON DAUB: Then is it true vith 23 that Chicago station, that specialty station in

24 Chicago, WCFC?

25 THE WITNESS: It's a wonderful station, MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 234-4433 1746 that one. That's not a religious station, if I remember correctly, but one that provides programming for many, many different ethnic groups in the Chicago area.

BY MR. GOTTFRIED:

Q If I'm not mistaken, that stands for Chicago For Christ.

A I don't know that.

Q Well, we can have testimony on that 10 station's schedule, too. But the only specialty station I see that you included, unless I'm reading 12 this wrong, is MAL-TV, and NNJU in Newark, New Jersey?

13 A Yes.

Q That one doesn't have an "S" next to it 15 either. 16 A Because it wasn't on the FCC list. But we 17 had ordered the TV Data for that station because it 18 had been on our list practically all the years prior 19 to 1990.

20 Q But that is a Spanish station, is it. not? A It is not a Spanish, it's a station that. 22 has a lot of Spanish programming, but it also has 23 Korean programming and programming for other ethnic minorities.

25 Q It's owned by Telemundo, isn't it? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1747

A I don't know that to be Telemundo or Univision, one or the other.

Q But as far as I can tell, there are no religious specialty stations in your sample, are there?

A I didn't check this, Barry. I didn' exclude them because they were religious, or include them because they were religious. The only basis I had for determining whether a station was a specialty 10 station would have been the FCC list.

Q Nhy couldn't you call up that station, 12 KFCB, and ask them for a listing of what programming 13 they showed during the sweep periods?

A I probably could tell anyhow because we

15 subscribe to over 100 issues of TV Guide, which are 16 crowding our offices like crazy. Undoubtedly, we have

17 that station's programming per TV Guide listed in 18 there.

19 Q But you didn't want to use that information 20 to do your study on those stations?

21 A No, because I think the reason we went to

22 the TV Data material is that it's available to us on

23 a computer tape, and we couldn't get the TV Guide material on computer tape.

25 Q Do you know what Nielsen used to get their NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1748 data on programming?

A Nielsen uses a lot of things. They get information directly from the stations, and they also

get their data from TV Data the same way we do.

Q Did you have access to the materials they

had on programming, to the KFCB program schedule that they were using?

A Not that I know of. We weren't -- didn' inquire of Nielsen.

10 Q You didn't ask them.

A No.

12 Q Well, WCFC is not in their study either.

13 Q I want to switch over from the sample to 14 the diary study itself, from year-to-year between '89 15 and '90, and I wanted to turn your attention to PBS 16 Exhibit 7-X that we were looking at this morning. 17 Now, as I understand this, this is the raw 18 numbers from the four-cycle data before adjustments, 19 is that right, in the '89, page 27 20 A That's right, those are the numbers that 21 came out of our study.

22 Q So, these two pages are comparable for '90 23 and '897

24 A Yes, sir.

25 Q Then you would agree with me, wouldn't you, MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1749 that the number for the Devotional series -- well, first, the guarterhour number that I know you don' have any -- devotional hours are down, is that right?

A Yes, sir.

Q And you would agree with me that the ratings are essentially the same, wouldn't you?

A .21 and .17, yes.

MR. GOTTFRIED: I have nothing further.

CHAIRPERSON DAUB: Thank you, Mr. 10 Gottfried. Mr. Lane?

REDIRECT EXAMINATION

13 BY MR. LANE:

Q Mr. Cooper, do you recall that Mr. Stewart handed you an exhibit from the 1983 proceeding?

16 A Yes.

Q And he suggested that if we had taken a 18 random sample of stations, that we would have gotten 19 a higher number for local programs than from our 1990 20 diary study, did he not?

21 A Yes, that was a suggestion. This is based 22 upon 1983 and, for your information, it was Exhibit

23 24-X, NAB.

24 Q Is it true that the meter study for 1990 25 shows a higher number for syndicated series, specials MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1750 and movies than does the diary study?

A Yes, it does.

Q And does that exhibit that Mr. Stewart handed you show a higher number for series and movies?

MR. STEWART: At Mr. Lane's insistence, I did not offer this exhibit for the numbers therein. In fact, this exhibit was replaced by subsequent rebuttal exhibits in that case, which showed the actual numbers, if you projected it, under the 10 assumptions that the Tribunal accepted in that year. I don'. think Mr. Lane ought, to be doing redirect, based on the substance of that. exhibit which, as he made me agree, we didn't put it in for in this proceeding.

MR. LANE: Nell, he put, it in to show that. local would be higher, and the suggestion is that, the other numbers would also move the same way shown on

this exhibit. He could have put in that. rebuttal 19 exhibit, had he chosen, but what I'm trying to show, 20 as I sated at. the time when I objected, that this was 21 not, the case in 1990 and, in fact, one of the most 22 prejudicial things from this exhibit shows series and 23 movies to go down when, in fact, in 1990, if you compare the diary and meter, syndicated series go up.

25 MR. STEWART: I never directed Mr. Cooper's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1751 attention to the syndicated series and movies number. As I say, this exhibit was replaced with a more refined projection in our rebuttal in that case. I only focused his attention on the others. I don' care what that exhibit shows at all about syndicated series and movies number. I didn't intend to put in any evidence on that from the 1983 study. And I object to having substantive redirect examination on numbers that Mr. Lane himself objected to. 10 (Whereupon, the Tribunal conferred off the record.)

12 CHAIRPERSON DAUB: The objection is 13 sustained.

BY MR. LANE:

15 Q Mr. Cooper, would you refer to the TSPA, 16 which was PBS Exhibit 6-X. That was the Andy Griffith 17 TSPA. I think you mentioned this, but looking at the 18 numbers on this exhibit, does this show that Andy 19 Griffith is a strong show with men and women?

20 A Yes. If you look at the total number of 21 viewers, women 18-plus and men 18-plus, in both cases 22 the numbers are over a million. In the case of women, 23 it's 1,280,000 average, and in the case of men it' 1,027,000 average.

25 Q And you also mentioned, I think in response NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1752 to Commissioner Goodman, that this program did well at the fringe time and late night. Could you show us where that is explained?

A If you look on the first page of Exhibit 6-

X, there's a column marked Rating, and there are three numbers there that are particularly high. There is a

7 for Monday-Friday Early Fringe, there's a 5 for

Monday-Friday Late Night, and there's a 6 for Sunday Fringe 4:30-7:00. I think that covers the whole 10 spread of the day.

Q If you turn to the fifth page of this 12 exhibit, do you see what station was it carried on in 13 Chicago?

14 A In Chicago, Andy Griffith was carried by

15 WGN on a Monday through Friday basis.

16 Q And also on the first page, it shows that 17 it was carried by WTBS, correct?

18 A It was carried by TBS both on a Monday 19 through Friday basis, and it was also carried on 20 Saturday and Sunday by WTBS.

21 Q And in addition to being carried on the two 22 most heavily carried distant signals, it was also 23 carried on 85 other stations, is that correct?

A That's correct.

25 Q Does that demonstrate, in your view, that MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1753 Andy Griffith was a very strong program in 1990?

A It was a program that was valued very highly by broadcasters as well as by the audiences available to view the program.

Q You were asked some questions about nonresponse error and response errors in the Nielsen data. Does Nielsen make attempts to adjust for those types of problems in its final results?

A They do. Nielsen does. "They do" is 10 probably not correct.

Q Mr. Hester showed you an exhibit that had

12 the $ 179 million royalties, do you recall that'?

13 A Yes, sir. It was my Exhibit 4, I believe.

14 Q It was PBS Exhibit 9-X, and he was 15 comparing that -- I think you'e right, Mr. Cooper-- to Exhibit ARC-3.

17 A I remember that as the CRT statement.

18 Q Now, just looking at. the PBS exhibit -- I 19 think you pointed this out, but I'd like to go over it

20 again -- the $ 179 million includes all the interest 21 that had been earned on royalty payments?

22 A For two years.

23 Q And ARC-3 is just based on the payments themselves, is that correct?

25 A Based upon the payments as made in the MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1754 Statements of Account. And, presumably, if we were looking at the license fees shown on ARC-3 and we had included interest, it would have increased proportionately with the size of the payments to the total, would it. not? A Yes, it would have been equally in proportion.

MR. LANE: Those are all the questions I have on redirect, Madam Chairman.

10 CHAIRPERSON DAUB: Thank you, Mr. Lane.

CHAIRPERSON DAUB: Thank you for your patience, we appreciate it. 13 (Whereupon, the witness was excused.)

CHAIRPERSON DAUB: Back on the record. 15 Whereupon,

16 MARSHA E. KESSLER 17 was called as a witness and, having first been duly 18 sworn, was examined and testified as follows:

19 DIRECT EXAMINATION

20 BY MS. SAUNDERS:

21 Q Would you please state your name.

22 A Marsha Kessler.

Q Ms. Kessler, did you prepare the 12-page document, Testimony of Marsha E. Kessler, that was exchanged with the other parties in this case? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1755

A Yes, I did.

Q Do you have any additions or corrections to make to that testimony at this time?

A Yes, I do.

Q Mould you tell us what they areP A I was preparing to. The first correction is on page 6 of the testimony proper. In the first complete paragraph, the third line from the bottom, delete the word "a". This is why word processing 10 spellcheck does not always find the boo-boos. The next correction is on page 7, and I don't know what the name of the symbol but, if it is 13 okay for me to use the board, in the formula in front 14 of the guarterhour, there should be a summation sign that looks like that (indicating). Then if you look at Exhibit MEK-1, on page

7, the first full paragraph says "Based on my best 18 judgment, I designated four more communities", "communities" should be "counties". 20 And the final correction is on Exhibit MEK- 21 7, page 2, in the "Other" category, the word "filer" 22 should be the word "filler", f-i-l-l-e-r.

23 Q So, Ms. Kessler, you are sponsoring the 24 nine exhibits attached to your testimony as MEK-1 25 through MEK-9 with various appendices attached to your NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1756 testimony?

A That is correct.

Q And that completes your corrections and additions?

A Yes.

Q Ms. Kessler, by whom are you employed?

A Motion Picture Association of America.

Q Nhat is your position there?

A I'm the Director of Copyright Royalty 10 Distribution.

Q Nould you please describe to us your duties 12 in that position?

13 A My primary responsibility is allocating the funds that the Tribunal awards to our group. In 15 addition, I help our companies file their claims every 16 July. I also assist in some of the enforcement work 17 that we do. I have testified a number of times here at 19 the Tribunal, and I'e appeared on several occasions 20 in Canada.

21 Q Nould you please describe your background 22 and experience in the cable copyright field?

23 A I first began doing cable copyright work in 24 1977. I was one of the founding members of the 25 Licensing Division, which is the division within the MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1757 Copyright Office responsible for collecting cable royalties. It is there that I learned virtually everything that I know about the signal carriage rules. That's where I learned a lot about Section ill. I learned how the signal carriage rules apply to 111, and that is a lot of the work that I do now.

Q When did you begin working at MPAA?

A I began at MPAA in February of 1982.

Q And since that time, have your 10 responsibilities changed? A They have not changed substantially, I have 12 just learned to make them more interesting for myself. 13 (Laughter.)

14 COMMISSIONER DAMICH: What's the trick?

15 THE WITNESS: They give you nice raises 16 there. 17 (Laughter.)

18 BY MS. SAUNDERS:

19 Q You mentioned that you have testified 20 previously before the Copyright Royalty Tribunal. 21 What was the nature of your testimony in those 22 proceedings?

23 A I'e been a witness here essentially in two

different types of proceedings. My vast experience 25 has been in distribution proceedings, talking about NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1758 much of the things that I'm going to talk about today. In addition to that, I'e played a tiny role in the syndicated exclusivity hearings.

MS. SAUNDERS: Madam Chairman, this would be a good time, I think, for voir dire.

CHAIRPERSON DAUB: Any voir dire? Mr. Hester?

MR. HESTER: No questions.

CHAIRPERSON DAUB: Mr. Garrett?

10 MR. GARRETT: No questions.

CHAIRPERSON DAUB: Mr. Campanelli?

12 MR. CAMPANELLI: No questions.

CHAIRPERSON DAUB: Mr. Stewart?

MR. STEWART: No questions.

15 CHAIRPERSON DAUB: You passed. (Laughter.) 17 Ms. Saunders, please proceed.

18 BY MS. SAUNDERS:

19 Q What are the purposes of your testimony 20 today, Ms. Kessler?

21 A I'm going to talk about five things here 22 today. The first thing that I'm going to talk about 23 is the part that I played in putting together the 24 diary study and the meter study. This includes the 25 work that I did on distant and local county analysis NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1759 as well as some help that I did with respect to program categorization. In addition to that, I'm going to talk a little bit about the data that are in our special diary study. In addition to that, I'm going to talk about why we chose to put a meter study in our case for the first time. Going back to the diary study for

a minute, I'm going to talk about how MPAA uses the data that come to us from the diary study. 10 And, finally, I'm going to talk just a

little bit about some background work that I did for our witness from Twentieth Century Pox. 13 Q What is the diary study'6

A We/ MPAAg have commissioned a study from the A.C. Nielsen every year for the last@ I think, dozen years, or thereabout. Essentially, the diary study is a study of distant signal programming that

18 MPAA uses for a variety of purposes. We certainly use 19 the data from it for our presentation here, you'e

20 going to see it in my Exhibit MEK-8. We also use it 21 as the basis for the distribution of royalties to the 22 companies we represent. We, on occasion, use it to 23 help put together exhibits with respect to 24 infringement cases. So, we have a wide variety of 25 uses for it that are not just limited to exhibit work NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 23~33 WASHINGTON, D.C. 20005 (202) 234-4433 1760 here at the Tribunal.

g What are the basic components of the diary study?

A There are two basic components to the diary study, one of them that I call "viewing", the other that I call "broadcast". Viewing is the component that. refers to the number of cable households that actually watch a particular program. The broadcast component has to do with the actual programs that the 10 people are watching, the names of those programs.

Q TI(tould you tell us what sources are used to 12 compile the Nielsen Diary Study?

13 A The diary study is actually the result of work done by three separate companies. The three

15 companies are the Nielsen Company, and TV Data, and 16 Cable Data Corporation. 17 From the Nielsen Company, we get the 18 viewing portion of the study. This is, again, as I 19 said before, the portion that counts the number of 20 cable households that watched a particular station on 21 a distant signal basis.

22 From TV Data, we get the names of the 23 programs that those cable households were watching 24 and, from Cable Data Corporation, which is a local 25 company, we get the work that melds those data and MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1761 performs calculations on the numbers.

Q Let's talk about the 1990 diary study. What was the first step in preparing that study? A The first step in preparing the '90 study was to select the sample stations.

Q And then what happens?

A After that was done -- and that was done by Mr. Cooper, and I know you all just talked quite a bit about that — the next step is the part where I have 10 a large participation.

TI(then Nielsen gathers the diary data, their 12 data are organized on a county-by-county basis. 13 Nielsen does not, have a mechanism by which it can determine, as per FCC rules and regulations, what 15 viewing would be considered distant and what viewing 16 would be considered local. So, the part that I play 17 in that is to look at each station in all of the 18 various counties, to determine which counties would 19 contribute distant viewing and which counties would 20 contribute local viewing.

21 Q Does your Exhibit MEK-1 describe the 22 process for determining each sample station's distant 23 viewing? 24 Yes, it does. 25 Shat is that process? MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1762

A MEK-1 is an analysis, in excruciating detail, of the process by which not only I, but cable operators go through, and cable operator attorneys go through, when they are trying to determine whether a television station is a "must-carry", which means it' local, or a "may carry". I think that the exhibit does a pretty good job of detailing that process under a number of different scenarios, and I'm not going to go through 10 it unless the Commissioners have particular questions

that they'd like to ask me. It's really boring. My 12 eyes glaze over when I talk about.

13 COMMISSIONER GOODMAN: Perhaps in the future you might first say something is boring before you ask the second question of whether we'e interested in the answers. THE NITNESS: If you want to talk about it, 18 I would be happy to go through it with you. But when 19 I talk to people about it, their eyes glaze over, and 20 then I get sleepy, and it's really a disaster.

21 BY MS. SAUNDERS:

22 Q Just to summarize or recap, the process 23 requires that you look at each station? 24 A That's right. The way it works is, I'l 25 look at a particular station and I'l look at the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 2344433 1763 counties surrounding it. And I have to do that for each station in the sample, in each market. Just, to give you an idea -- I'm not sure how many counties are associated with the Atlanta market, but let's just say there's approximately 50. If I have three stations from the Atlanta market, I don'. look at 50 counties once, I look at 50 counties three individual times because each television station's characteristics are different., and a county 10 that. could be local for one station would be distant. for another one. In fact, just. before I came here this morning, I w'as trying to figure out how many counties I actually looked at, for this study, and it's over 6,000. So, it. is a very tedious process that has to be gone through to do this determination.

Q After you have identified the distant. 18 viewing areas, what does Nielsen give you?

19 A Nielsen comes back to us with a database 20 that is solely viewing. For each television station 21 in the diary study, Nielsen provides us on a 22 quarterhour-by-quarterhour basis that number of cable 23 households that watched that station during that particular quarterhour, and this again based on the 25 county analysis that I gave them. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1764

Q How do you know what programming the distant cable households were watching?

A This is where the second company, TV Data, comes in. As Allen was talking about earlier, we

purchase television station program schedules from TV

Data. You may know TV Data, the company that provides television schedules to newspapers for their Sunday

supplements. When we get the TV Data tapes, they are on a quarterhour-by-guarterhour basis for each 10 station. So, what we do is we then match up 12 quarterhour-by-quarterhour the station and viewing 13 information from Nielsen with the programming

14 information from TV Data.

15 Q And is this where Cable Data Corporation 16 comes in?

17 A Cable Data Corporation does all that work 18 for us.

19 Q What resources are used by Cable Data'

20 A Cable Data has a number of resources that 21 they use. I have brought two of them with me, but I

22 have more examples in my exhibits. Two of the very 23 best ones for identifying syndicated product are what we call the TSPA, Television Syndicated Program 25 Analysis. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1765 This is an Arbitron ratings book, and this is the one I have for November '90. And essentially

the instructions that I give to the TV Data staff are that if they come across a program in the study and they see that that particular program is listed n this book, then it is, by definition, a syndicated series. So, this is one of their definitive source works for determining syndicated programming. Another book that they use -- this is 10 essentially the same one, only this is the Nielsen publication called the ROSP, Report on Syndicated 12 Programming. And, again, their instructions are if 13 they see a program in here, it is, by definition, a syndicated program. 15 Some of the other resources that Cable Data 16 people use are they call television stations on

17 occasion, they have TV Guides, they have a source book 18 that I don't have with me, but it's called the BIB, 19 Broadcast Information Bureau book. All of these are 20 really good sources for determining what kind of 21 program any individual show is.

22 Q What other resources are available to identify program categories?

A We have a bit of a problem with that.

25 Essentially, we have a document that MPAA has worked NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1766 up itself, on the categories that the Tribunal has

defined for us. I think I have that in my Exhibit

MEK-7. That's right. We also have a protocol from TV Data Corporation, which is their system for categorizing programs.

g Is TV Data's system for categorization of programs set out in Exhibit MEK-6'?

A That's right.

Q Is program categorization by TV Data 10 different from that of the Tribunal?

A It really is. If you will look at Exhibits

12 6 and 7, one thing that is immediately obvious is that 13 in Exhibit 7, which are the categories which we work 14 with here at the Tribunal, we only have six

15 categories. We have Local for the group represented

16 by NAB. We have the Syndicated Series and Movies for

17 the Program Suppliers. We have the Devotional Series 18 for the Devotional group, and the Sports category for 19 the Joint Sports, and the Noncommercial category for 20 the PBS group. So, essentially six categories and 21 they barely cover two pages.

22 If you look at the TV Data system of 23 categorization, which is in the exhibit just before that, I think it runs about three pages. There are a 25 total of 36 categories compared to our seven NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1767 categories here at the Tribunal.

We have, I think, four different movie categories. Sporting events come in a variety of descriptions sporting event, team-versus-sport, pseudo sports, playoff sport, et cetera -- and the one thing that this document does not have is a designation for local programming. So, you might be tempted to ask, what do you do with this document? This is one of the most 10 helpful documents we have, and it, is completely useless, but it is something. It is a souxce for helping us to isolate or narrow the place whexe we will eventually categorize a program.

Q So, categorization of programs is difficult? 16 A Categorization is very difficult.

17 Q Could you give us a couple of examples of 18 the problems you have encountered?

19 A I have such problems with this every year. 20 It is the part of this work that is always irritating.

21 I have a number of examples in my testimony, but I 22 think I am only going to talk about two of them, both 23 of which have caused me and us problem in past years. One of them has to do with a program titled 25 World Vision. It's a program that has two words, World NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234%433 WASHINGTON, D.C. 20005 (202) 2344433 1768 Vision. Whoever is doing the categorization at Cable Data Corporation, when they see this program, they may know a couple of things about it. One of the things that they'l see is that it's on multiple stations. So, it's probably not a local program. One of the things that the person doing the

categorization may know is that MPAA has a claimant company that we represent named Worldvision, one word. So, if that person is not thinking clearly, or says, 10 "I know, that belongs to World Vision", they may make a decision, or they may be tempted to make a decision 12 to categorize that particular program as a syndicated 13 series and be done with it. And if they do that, I get really angry at them because that's the wrong answer.

16 What the person may then do is look up the

17 program in a TV Guide and, if they do, what they find 18 out about the program is that it is a program that has 19 a lot of elements. It is usually on location in a 20 Third World country where a mission is receiving some 21 kind of focus. It's a fund-raiser to get money for 22 health and nutrition needs, or for schooling needs, or 23 for disaster relief, or that sort of thing. And so the format of the program is to go there, show the 25 people who are in need, resources, and then ask the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1769 viewers to make a contribution.

Now, it was a coincidence that I had in my

office when I was writing my testimony, just a little bit of information about the World Vision. It says, "World Vision, Inc. is a non-profit, Christian, humanitarian agency which ministers to children and families, provides emergency aid, fosters self- reliance, furthers evangelism, strengthens Christian leadership, and increases public awareness of poverty 10 around the world". So, this is one of the most difficult kinds 12 of problems that we can encounter when it comes to putting a program into a particular category. When we 14 think of devotional programming, we tend to think of 15 programming in which a sermon is being delivered, or in which the focus of the program is spirituality in 17 some way. 18 When we see the World Vision program, we see a program that, in format, is documentary. It 20 takes place in some other country. It has a fund- 21 raising aspect to it.

22 So, in my own intellect, I am not settled 23 where this program should be. However, we put this one and every one like it in the syndicated series 25 category, for ease of doing it. And that is where NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1770 those kinds of programs are today. But you can see that you have to do a lot of work to track down the nature of a program. It is not easy to make a decision about. the category. Another area that has caused us a lot of headaches has to do with wrestling programs.

Wrestling programs -- first of all, this is just my basic background. When I think of wrestling, I think of sport. It is inconceivable to me that wrestling is 10 not a sport. But when we come here before the Tribunal, wrestling is not a sport. It can be 12 something else, but it is not a sport. 13 And so the problem is to determine what kind of program wrestling is. I know from past 15 experience that wrestling is probably either local or 16 syndicated, and that is indeed how it. turns out. 17 The problems that we encounter are that 18 there are some stations that have local wrestling, 19 some stations have syndicated wrestling, sometimes the 20 same station will have local and syndicated wrestling, 21 with titles that are very similar, so that we cannot 22 look at a group of similar titles and assign them all

to the syndicated category or the local category. We have to fine-tune the examination to cull out those 25 wrestling programs that are local from those that are NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1771 syndicated, and that has been a particular problem with us with respect to the wrestling programs on

WTBS ~ So, what I would say in summary about this process is that we have a very specific set of guidelines that we'e required to follow in order to do our work, and we have to suspend our ordinary,

everyday understanding of programs. We have to give

up the idea that wrestling is a sport in order to

10 accommodate a scheme whereby all of the parties'rograms will be assigned to the appropriate category.

12 COMMISSIONER GOODMAN! What if one college 13 is playing another, competing with another college in 14 wrestling. Is that in the same category as in the 15 Mighty Hulk, or whoever he is.

THE WITNESS: That's one of my favorite 17 guys. That's not his name.

18 COMMISSIONER GOODMAN: Hulk Hogan.

19 THE WITNESS: Hulk Hogan, yes. It depends 20 if that game is on more than one station, then it's a 21 syndicated program.

22 COMMISSIONER GOODMAN: That would not be a 23 sports event. If the University of Nebraska were 24 playing against Lehigh for the wrestling championship, 25 that would be a syndicated series? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 234-4433 1772

THE tIITITNESS: It's my understanding that

the sports category -- let me see if my own guide is any help here — is limited to specific collegiate sports, and not all collegiate sports. I'l check on that and, if I'm wrong, I'l get back to you.

BY MS. SAUNDERS:

Q To help with your categorization, did you produce or prepare a list of claims submitted by local stations?

10 A Yes, I did, but I don't have it with me. But I'l tell you what, I do have. No, I don't have it in here. 13 One of the things that I did -- as I said

to you before, the TV Data protocol does not accommodate a local program category. So, in order to help the people doing the categorization, I came to 17 the Tribunal and looked at the claims of some of the 18 sample stations, to see if they had listed their local 19 programs. And in cases where I could find a claimr I 20 made a list of those programs and sent it to the 21 people doing the categorization.

22 Q Do difficulties in categorization affect 23 all types of programming? 24 A Yes, it does. It's very difficult for all 25 categories. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234%433 1773

Q Once categorization is complete, what analysis is performed on the programming and viewing data?

A At the point where we finish the categorization, we then go through the analysis that will quantify or assign a value to each individual program, and this is done through a calculation of something we call household viewing hours.

Q Would you explain how household viewing 10 hours are calculated?

A If you would look on page 7 of my 12 testimony, you will see the formula for it, which is 13 where I had made the addition of the summation sign. The formula for it is: sum the total number of 15 quarterhours that a particular station ran a particular program in a particular time slot. Sum 17 those quarterhours, divide it by 4, which will express 18 that number in an hourly format. Then it is 19 multiplied by the number of distant cable households 20 that actually watched that station during that 21 particular time period.

22 And I have given at the bottom of page 7 23 and the top of page 8, how an actual set of household viewing hours would be calculated. The example says 25 that a particular television station ran a one-hour MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1774 show that was viewed in each of the quarterhours as shown on the top of page 8. In the first quarterhour, they had 30,000 viewers, in the second quarterhour they had 311500@ and so forth. At the end, those four quarterhour households were averaged. So then to fit all of these data into the category, we had to sum up the quarterhours, which is 4; we divided it by 4 to expxess it in hourly measurement, and we multiplied it by the average 10 number of distant cable households that actually watched the program, which in this case was 31,275. 12 So, for this particular pxogram that ran on a particular station in a particular time period, that 14 one-hour program would be -- its calculated value

15 would be 31,275 household viewing hours. Me do that for every pxogram in the diary study, and then we 17 summed them all. And we do a sort that groups all the 18 local programs together, all the syndicated series and 19 movies together, the sports together, and so forth. 20 And in that way, we can do a quantitative analysis 21 that will help us measure the relative standing of, 22 say, our group of programs as compared to the other 23 categories.

24 Q Are the results of the 1990 Nielsen Diary 25 Study set out in Exhibit NEK-8'? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 2344433 1775

A Yes, they are.

Q Turning to the meter study, why did NPAA offer a meter-based study along with the diary study in 1990?

A In past proceedings, we have encountered a number of issues that have risen with respect to the diary study. One of these issues has been that there was concern regarding the rate of errors, either in the coding of the diaries or in transferring diaxy 10 data to computer. Another issue that. has been of concern to 12 the parties here has been the issue of the measurement periods, the sweep periods. There were some years in which we included four months'orth of data, other years we did five and six months'orth of data. So, 16 in order to respond to instructions from the Tribunal with respect to looking at meter data and limiting the 18 time periods, that is why we brought this together in a meter study.

20 Q TIIthat is your opinion concerning the effect 21 of data collection errors on the diary study results?

22 A I think probably my opinion would be 23 predictable, it's like all of the Program Supplier 24 witnesses that you have seen so far. I have a very 25 high degree of confidence in our diary study. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 2344433 1776

My confidence is based on the fact that the diary data are used by all of the television industry -- the programmers, the sports people, and so forth-- and a lot of reliance is set on these numbers. Very important. and very expensive decisions are made based on these data, and I feel that, in general, they are well received and are viewed as reasonable estimates of what people are watching on television. I also know that the data that Nielsen

10 produces are audited. My own work is audited. And I know that if Nielsen is taken thxough half of the

12 procedures that I am when my distributions are 13 audited, it is not a casual process. And I( therefore, again, because some outside souxce has looked at the Nielsen data, have a great deal of confidence in the reliability of their estimates.

CHAIRPERSON DAUB: Is this auditing

18 internal? 19 THE WITNESS: My auditing'0

CHAIRPERSON DAUB: Yes.

21 THE WITNESS: Um-hmm.

22 CHAIRPERSON DAUB: You have to be quite 23 accurate to be able to submit to your own association members.

25 THE WITNESS: I am. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1777 (Laughter.)

BY MS. SAUNDERS:

Q Would you explain the decision to include four months of data in the meter-based study?

A It was our understanding, based on directives that we received from the Tribunal in the 1989 proceeding, that they would like to see the data presented in four-month periods, and that's why we have stayed with four months this time.

10 Q What aspects of the meter-based study did you participate inn?

12 A With respect to the meter-based study, I 13 did the same kind of county analysis for the sample 14 stations in the meter study, as I did for the sample 15 stations in the diary study. 16 The categorization of programs was done not 17 by the Cable Data people, but by the Nielsen people, 18 so I helped them out in categorization, in that they

19 had asked for a commentary on the TV Data program 20 types. In fact, I am pretty sure that I did include

21 that analysis in my exhibits. It is Exhibit 9. 22 The Nielsen people came to me and said, 23 "Can you help us categorize this programming, can you

24 give us some guidelines", and they had the TV Data

25 protocol, and their heartfelt desire was that the TV NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 2344433 1778 Data program categorizations would be consistent with the categories that we use here at the Tribunal, and that their process would be easy. And as you can see by the correspondence and the attachment to it, I did a lengthy analysis on the program typesi and concluded by saying "good luck", that you'e going to really have to look at each program here.

Q In your opinion, what do the results of the 10 diary and the meter-based study showP

A My judgment is that each study individually and the two studies collectively are very, vexy good, 13 very reliable estimates on what actually took place in 1990 with respect to distant signal progxamming and 15 distant signal viewing. They are not opinions, these are what people reported eithex in their diaries or 17 what their matters xecorded on theix television sets. 18 It is also a measure of what television stations chose 19 to air. 20 When you look at these two studies 21 together, I think that they are really highly reliable 22 estimates of what was popular with television stations 23 and what was popular with cable viewers during 1990.

Q Coming to the last purpose of your 25 testimony, did you provide information for one of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1779 Program Suppliers'ther witnesses, Mr. Green, of Twentieth Television?

A Yes, I did.

Q Mould you describe how you came to provide information to Mr. Green'

A Several months before we were ready to submit our case, I had some television conversations with people at. Twentieth Century Fox regarding the issue of spill-in. Just to remind you, when Howard 10 Green was here from Fox, he talked about spill-in being the effect of distant signal carriage or 12 importation of a program into a local market that also 13 has that same program. And what the Fox people asked was, was 15 there some way that this effect could be quantified,

16 and they thought that we might try to do that using A 17 Current Affair. 18 So, what they asked me to do was to come up 19 with a suggestion of where they could look in markets 20 to make this analysis, and I did that by looking 21 through I think it was the ROSP for 1990, and looking

22 at all the markets that ran A Current Affair. 23 Then I looked at each market on the map, and I made a cursory judgment as to whether I thought 25 there might be some relationship between the local NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1780 market and an adjacent market where the program was also licensed. I then sent that list to Pox, and we agreed that. it would probably be pared down significantly which, in the final analysis, it. was. MS. SAUNDERS: Madam Chairman, that

concludes my questions.

CHAIRPERSON DAUB: Thank you. I think this would be a good time to take 10 a short break. Ne'll come back at quarter to 4:00. (Whereupon, a short recess was taken.)

12 CHAIRPERSON DAUB: Back on the record.

13 THE WITNESS: Madam Chairman, I realized

during the break that you asked me a question that, I 15 answered completely wrong, and I'd like to go back and

16 correct my answer. 17 You asked if MPAA's audit. was internal, and 18 I said yes. It is not internal, it is an external 19 audit. It is done for us by Coopers and Lybrand, and 20 we get a formal report that no matter what it says we 21 give to our companies. So, I apologize for that 22 misunderstanding.

CHAIRPERSON DAUB: Thank you. Mr. Hester.

25 MR. HESTER: Good afternoon, Ms. Kessler. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1781 I'm Tim Hester, and I represent PBS.

THE WITNESS: Good afternoon.

CROSS-EXAMINATION

BY MR. HESTER:

Q Let me ask you first about a comment you made on your direct examination. You talked about the reliability of the diary and meter studies, do you recall that?

A Yes.

10 Q And I'm merely asking you this question to try to save a little bit of time. I take it you are 12 aware that Mr. Cooper and Mr. Lindstrom have testified 13 about both of those studies, and they talked 14 specifically about some of the statistics and theories 15 underlying those two studies, right?

16 A I'm aware of that.

17 Q And so insofar as they have identified 18 deficiencies or acknowledged limitations in what the 19 studies were measuring, you would defer to their 20 testimony, right?

21 A Absolutely.

22 Q So we don't need to go back with you 23 through all the things we'e asked those gentlemen, I 24 take it? 25 A They are a lot more knowledgeable than I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1782 am, and anything that you could get, you have gotten from them.

Q All right. Let me ask you about your approach to designating the distant and local counties for the Public Television stations that were included in the meter study. That's what I want to focus on first.

Am I right that there were a total of 34 Public Television stations included in the meter 10 study?

A To be honest with you, I don't remember, 12 but I am willing to take your number.

13 Q I think that is the right number based on testimony from Mr. Lindstrom. And do you recall that 15 from among those 34 stations, there were 13 stations 16 for which you didn't make any designations of distant 17 versus local counties?

18 A I realized after the fact that I had not 19 done that, but I did not quantify the number between 20 noncommercial stations and commercial stations.

21 Q But there were 13, or would you accept

22 A I accept your number.

23 Q -- accept my number that there were 13 noncommercial stations for which you didn't make this 25 designation of distant and local counties? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1783

A I'l take your number for that.

Q And am I right that you didn't make such a designation with respect to Public Television stations

that didn't have viewing outside the DMA where the station was located?

A Could you ask the question again?

Q Sure. Maybe it. would help if I drew this.

My art. is not very good, but I'l try. If this is a

DMA, and you'e got a Public Television located here,

10 my understanding is that you'e got 13 Public Television stations where Nielsen did not show viewing

12 outside the DMA. Is that your understanding?

13 A Yes, that's my understanding.

Q And if you had a Public Television station 15 where Nielsen did not show viewing outside the home

16 DMA of this station, you didn't make any designations 17 of distant or local counties?

18 A That's correct.

19 Q So, in other words, you told Nielsen in 20 those instances where you have a Public Television

21 station with no viewing outside the DMA, you assumed 22 all of that viewing was local, right?

23 A Say that part of it again.

24 Q You assumed in those situations, that all 25 of the viewing for that station was local viewing, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1784 right?

A All of the DNA viewing was local viewing, yes.

Q So that, in effect, for those 13 stations out of the 34, you didn't count any of the viewing as distant for those stations?

A That is correct.

Q And this is based, what, on the assumption

that if there is no viewing outside the DNA, you can' 10 have distant viewing? A I'l tell you when we discovered when that 12 that had happened, was during the discovery process

13 when you asked me to produce my workpapers. At first, I was irritated because I thought I had given you 15 everything that I had done. And I thought that you 16 had made a mistake. So, I thought, well, okay, if 17 they say they don't have them, possibly I forgot to 18 print. them out. 19 So, I went back and looked at them and

20 realized that I did not have them in my files either,

and I was confused as to why they were missing from my 22 files. And so when I went back and reviewed the 23 records -- and I didn't put together the fact that

there was no viewing outside the DMA -- I was at a 25 loss to explain why they weren't there. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1785 And so I just happened to find a list of stations that did, indeed, have a designation from

Nielsen that there was no viewing outside the DMA, and it matched up perfectly with the list that you had asked about. And so I was irritated with myself for not having done the work. I'd like to tell you what I'e done to rectify it, though, if I could. I have done two things. I have done the county analysis and have 10 submitted it to Nielsen, and they axe rerunning the numbers. But I think aside from that, I predict the 13 numbers will be unchanged. The reason I think the 14 numbers will be unchanged is I went back and looked at 15 the number of distant cable subscribers to whom each 16 of those stations was available. Some of the stations 17 are available to less than 1,000 subscribers. Other 18 stations are available to somewhere between 7,000 or 19 less subscribers. I think there's a station there 20 that's maybe 30,000 subscribers. 21 Now, I wasn't here for this portion, but I 22 understood that there was a problem with respect to

23 TIItGN and SWOR in our meter study, and that the numbers had to be adjusted for those stations, and that the 25 adjustments for those stations did not alter the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 234-4433 1786 results significantly, if at all. And as I'm sure you

aware, NGH is available to over 20 million

subscribers, at least it was in 1990, and NNOR was available to over 12 million subscribers. So, while it, is certainly lamentable that

I did not do the work for those stations, my instinct is that having to change the numbers on stations that had such a high concentration of viewers did not alter the final numbers, certainly any alterations or 10 adjustments that have to be made for these stations are going to have no effect whatsoever. 12 So, I certainly own the mistake, but, I do 13 believe that the results will be de minimis.

14 MR. HESTER: Nell, this comes as somewhat 15 of a blockbuster for me, Madam Chairman, to hear that 16 work is being redone on an issue, and we learn about 17 it for the first time here on cross-examination. This 18 is clearly a mistake in the way the meter study was 19 prepared, and I think we should have been advised of 20 it before now.

21 I'm perfectly willing to go on with my 22 examination, but I would certainly like the 23 opportunity to examine the witnesses, both Mr. 24 Lindstrom and Ms. Kessler, if necessary, once we have 25 the revised numbers. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1787 I was not aware of this until just now. And I don't mean any criticism of Ms. Kessler at all, but it does seem to me it's not something that ought to be disclosed for the first time on cross- examination, that a mistake has been found in the way the study was conducted and it's being reworked, without advising us that it's being done.

CHAIRPERSON DAUB: Ms. Kessler, would you like to consult with counsel?

10 THE WITNESS: Yes, Madam Chairman. (Off the record.)

12 CHAIRPERSON DAUB: Let's go back on the 13 record. 14 Ms. Kessler?

15 THE WITNESS: Mr. Hester, I understood you 16 were asking me if a mistake had been made in the 17 distant and local county designation, and I said to 18 you, yes, there had been a mistake made.

19 I'e also given you my judgment of the 20 extent of the error, and I have taken steps to make 21 whatever adjustments will be necessary. I will be 22 happy to come back and respond to more cross, or we 23 can leave the meter study as is, unadjusted. 24 I would add that while 13 of the stations 25 were PBS stations, the rest of them were commercial MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1788 stations, so that all of the groups -- to the extent that your group is undercounted, so is mine.

BY MR. HESTER:

Q So you'e reworking all of the results of the study based on this issue? I mean, this study is being reworked on this issue?

A Yes.

COMMISSIONER GOODMAN: I have a question also. As you indicated, there was a correction that

10 had to be made for WWOR and WGN. In the new study

that comes in, will be one correction correcting WWOR

12 and WGN, and also correcting this? Will that all be 13 in there?

THE WITNESS: It is my understanding, no, 15 because I didn't catch on quickly enough to ask

16 Nielsen to include that adjustment WWOR and WGN work 17 was being done.

18 COMMISSIONER DAMICH: When will the 19 corrections be done?

20 THE WITNESS: I know that they are running 21 them this week. I don't have the ability to give you 22 a date, but I promise you, when I have them, you will 23 have them.

CHAIRPERSON DAUB: Mr. Hester?

25 BY MR. HESTER: NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 2344433 1789

Q How many commercial stations are affected by this?

A How many did you tell me?

Q I said 13 of the noncommercial stations.

I don't have a count in my head of commercial ones that, may have been affected by this.

A I believe that there were 40 stations that were not counted, of which 13 were noncommercial. And the subscriber count that I was giving to you applied 10 to commercial and noncommercial stations.

COMMISSIONER GOODMAN: I must admit, I tend 12 to sympathise with Mr. Hester. Are there any other mistakes of which you are aware in the materials provided by the Program Suppliers that are currently in the process of being corrected?

THE TIITITNESS: To my knowledge, there are no others.

18 BY MR. HESTER:

19 Q Mell, you'e simplified a whole line of 20 cross-examination on which I had prepared, so I will 21 move on. 22 Let me ask you about the way in which you 23 made the assignments of distant and local counties generally. Ne can go back -- let me draw a new map. 25 I take it that your general approach was MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~ WASHINGTON, D.C. 20005 (202) 2344433 1790 with respect to a particular station located in

Anyplace, U.S.A., you would look at its Grade B contour, right?

A Um-hmm.

Q And you would designate particular counties as either distant or local. Is that the general way

you dl.d 3 t?

A That's right.

Q And in fact, I guess what you were doing is 10 designating those that would be treated as local?

A That's correct.

12 Q And everything else would be considered distant.

A That's correct.

Q So, obviously, if you had a county that

16 fell within the DNA just like that -- I'm sorry

17 within the Grade B contour like that (indicating), you 18 would consider that to be a local county? If that

19 county were located within the Grade B contour like 20 that, you would designate that county as local?

21 A That's right.

22 Q What did you do if the county extended out 23 like this (indicating)?

A I did a number of things, depending on how

25 much information I had available. Am I allowed to go NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1791 up there?

Q Sure, come on up. We can both draw. You can have your own color. (Whereupon, the witness approached the easel.)

A Thank you. Well, there were a number of things that I could do. Are we saying that this is an entire county?

Q Let's call it that for right now. 10 A One of the things that, I would do is, I would look at communities that fell inside the county.

Q Inside the Grade B?

13 A Well, no, looking at the county, first of 14 all.

15 Q Okay.

A So, for example, if I had a community A 17 here that, vas a cable community (indicating), and its

18 population was 50,000, and I had another community B 19 inside, that had a population of, say, 2500, I would 20 have categorized this county as distant because there

21 vere more subscribers located outside the Grade B than 22 inside the Grade B.

23 Q You'e doing it by population because you 24 don't know the subscribers by city? 25 A That's one way. Another way, and this is NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234%433 1792 true in rural areas like Texas -- and some other states that I can't think of right now -- they would have communities of all about the same size dotted around the county. Sometimesg if I tried to count the population, it was even inside and outside. Wherever my instinct took me, that's how I judged it because, in that case, I couldn't ask Nielsen to divide the viewing, I had to make a judgment one way or the 10 other, and those were the most difficult ones.

Q And invariably you were telling Nielsen to 12 treat a whole county as either local or distant?

13 A That's right. Am I finished?

Q I think so. 15 (Whereupon, the witness resumed the witness 16 chair.) 17 So that there certainly would be occasions 18 when a county fell partially inside and partially 19 outside the Grade B, and you just had to make a 20 judgment one way or the other? 21 Not just occasions, that frequently

22 happened. My guess is, with every station that is 23 true.

24 Q That you had to make some subjective 25 determinations as to which counties you should treat NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1793 as local for viewing purposes?

A That's right.

CHAIRPERSON DAUB: If the landmass was significantly outside of the contour, and yet there is that, one community fits within the 35-mile zone, you still looked at the population and treated it as local?

THE TI(tITNESS: I always looked at the population, the reason being -- let me give you an 10 example of, say, someplace out in Utah where the towns -- once you are outside of Denver, the towns are very 12 far apart. 13 If there is no one watching television in 14 that. landmass, there is nothing to count. So, we have 15 to look to where television is taking place. So, 16 that's why I relied not on the geographic size of the 17 county, but the location of its population.

18 CHAIRPERSON DAUB: Thank you.

19 BY MR. HESTER: 20 Nhere were you getting your population 21 numbers?

22 A Prom the TV Atlas.

23 Q Let me ask you to turn to MEK Exhibit 1 on 24 page 6. This is the one that you said was very 25 boring. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1794

A (Complying.)

Q At the bottom of page 6, you are talking about noncommercial station designations, right?

A That's right.

Q And you were working consistently off of

Grade B contour maps, that's the way you did your designations of local versus distant counties?

A I was working off the Grade B contour maps as they are shown in the Cable Atlas.

10 Q And at the bottom of this page, the concluding sentence in that last full paragraph says, 12 "In the case of NTVP, nearly all the designations 13 involve subjective decisions", do you see that?

A Yes.

15 Q Could you explain why you say that nearly 16 all the designations involve subjective decisions?

17 A Yes. Look at Appendix J of my testimony.

18 If it's helpful, it's the very last page of my 19 testimony. Oh, Lord, where am I going to find that 20 station! What was this, TVP?

21 Q Yes.

22 A In Peoria? Okay. This is a map of the 23 State of Illinois and, if you will look, Peoria is almost in the middle of it. Those circles surrounding

25 Peoria are the Grade B contours of television stations MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1795 licensed to Peoria. I don't know if you can see it, but if this were a clock, WTVP's contour is defined at somewhere between noon and one o'lock. And how you can tell is, it says WTVP, and it has a dagger in front of it. A dagger means a noncommercial station. This particular map, as I indicated in the exhibit, shows some of the difficulties encountered. I think I told you I did over 6,000 counties when I 10 did these designations, and this is one of those stations, and these are some of those counties in that 12 6,000.

13 COMMISSIONER DAMICH: Who is your optician? 14 (Laughter.)

15 THE WITNESS: Oh, boy, you'd make a lot of 16 money, I'l tell you that. 17 And the problem is, as I said, the map 18 company didn't draw in the county designations. So, 19 this is an example of what I have called "subjective" 20 decisionmaking, because the county names are clearly 21 on there. They are the ones in all caps, but where 22 WTVP's contour falls with respect to those counties-- 23 what I did in this case is, I found another television station from Peoria -- this is going to be kind of 25 confusing, this is why this is boring -- what I did NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1796

was, I took a map of Peoria, another station in Peoria that had the counties drawn in, then I put this map side-by-side, and I made a judgment as to what part of

the county this Grade B covered. It was my judgment that if it, covered the vast majority or the highest section of population, I included it in this circle and, if it didn', I left it out.

BY MR. HESTER:

Q Even if the landmass was predominantly 10 inside the Grade B, you would treat it as distant if the predominant population was outside?

12 A That's right. I think that is a reasonable way to go because the objective of this is to measure 14 distant signal viewing. If there aren't any bodies in 15 that landmass to watch television, then there is no 16 basis upon -- you can't measure nothing. I'm looking 17 to quantify something, and I can only quantify where 18 it is. And if it's outside the B, then I consider it 19 distant. If it's inside the B, I count it local.

20 Q So, you weren't going back to the 21 Statements of Account, for instance, filed by the 22 cable systems, to try to find out what, counties they 23 actually treated as distant or local, or how many 24 subscribers they treated as distant or local -- that' 25 not the way you did it. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1797

A I have done that on occasion, but not consistently.

Q And you didn't do it in this year for any of the noncommercial stations?

A I don't know the answer to the question. I would have to look that up and call you back, or tell you at some other time.

Q Well, do you recall doing it for any of them? 10 A I know that I have done it for some. I'l rephrase that. I have done that for some stations. 12 Whether they were noncommercial stations or not, I 13 can't tell you that.

Q Well, the reason I ask is because I think

15 in your Exhibit 1 writeup, I saw some reference to 16 some of that for your study of some of the commercial 17 stations, but I didn't see any reference to it in your 18 discussion of the noncommercial. The noncommercial 19 discussion seemed to be only based on the study of the 20 maps, and not the study of the Statements of Account.

21 A That was inadvertent on my part. I did not 22 mean to tell you that I was limiting that just to 23 commercial stations.

24 Q To the best of your recollection, though, 25 for most of the stations that you were looking at, you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 23~ WASHINGTON, D.C. 20005 (202) 234-4433 1798 were working off of the maps?

A The noncommercial stations'?

Q Yes.

A To the best of my recollection, for most of them I relied on the maps.

Q Why didn't you work off of the Statements of Account?

A Most of the time I felt that my judgment-- that I could make a good enough judgment. without 10 having to do that.

Q And isn't it also true that you really 12 can'. go back and look at the Statement of Account and 13 be sure that you know which counties a cable operator considers distant and which it considers local, that 15 you can't really tell?

16 A I don't think — ask that. question again.

Q I'l try it again. Is there a way 18 definitively to tell, looking at a Statement of Account, whether a cable operator, in fact, treated 20 viewing within a particular county as distant or 21 local, or do you have to make some judgment even if 22 you look at the Statement of Account?

23 A I'm going to answer a different question 24 than what you asked. When the cable system operator 25 completes the Statement of Account, the Statement of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 23~3 1799 Account requires -- if it's a Form 3, which is the highest revenue stratum -- the Statement of Account requires the cable operator to list all of the television stations that were carried during the period, and then to designate which of those stations were distant.

So, my understanding is that the cable operator does not work on a county-by-county basis, but rather on a community-by-community basis. 10 However, because Nielsen's data are aggregated on a county basis, I cannot go down to the community-by- 12 community basis when I request information from 13 Nielsen. Therefore, I have to designate on a county 14 basis, whether that county is distant or local. 15 So, I think the cable operator can tell 16 in fact, I would be surprised if the operator cannot 17 tell -- whether a particular station were distant or 18 local.

19 Q I didn't mean the cable operator, but 20 looking at, the Statement of Account, can you identify 21 which communities were considered local and which were 22 considered distant, for each station retransmitted by 23 the cable operator? Can you do that?

A I think I could, yes.

Q But I take it what you are saying is that MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1800 you needed to work at a slightly more aggregated level than the communities that were reported by the cable operators, you needed to work at the county level, is that right?

A That's right.

Q So that there could be instances in what you'e done where you classified a county as local, but at least some cable operators considered at least some of the viewing in that county as distant, is that 10 right?

A I'm going to answer a different question. 12 The cable operator doesn't care about viewing. All

13 the cable operator cares about, in my judgment, is whether he has to pay for the signal or not. 15 There is a provision in the Statement of 16 Account format for partially distant stations. This 17 is the case -- just like we were describing there 18 let's just say, in the hypothetical we have on the

19 board, the cable system serves both communities A and 20 B. 21 With the partially distant provision in the 22 Statement of Account, the cable operator would be

23 allowed to segregate his revenues between community A 24 and community B. In the case of the carriage of that 25 particular PBS station, he would be required to pay MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1801 royalties for the carriage of the station to community A, but he would not be required to pay for the carriage of the station to community B.

Q So that for the cable operator, he is able to make this distinction that you really weren't able to make in your data, between communities inside and outside the Grade B, is that right?

A That's true, with minor exceptions. The minor exceptions have to do with the fact that Nielsen 10 splits some counties. I can't name all the counties for you, but I can give you some examples of them. 12 They Riverside, California. They split Contra 13 Costa County, California, and a number of counties 14 like that. 15 So, insofar as Nielsen has split a county 16 for its data aggregation purposes, then I also can do 17 that. But if Nielsen hasn't done it, then I cannot 18 artificially impose it on their system.

19 Q Do you recall roughly how many counties 20 there are that are split, Nielsen-split counties?

21 A No, but if anybody has my DMA book in here, 22 they are listed in the back of the book. I think we 23 gave it out on discovery. It's possible the answer is

in this room, but I don't know the answer in my head.

25 Q Could you check on that at a break? We NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1802 don't need to stop right now to try to get it. But even in a split-county situation, you'e not able to separate the data down to the local community level that the cable operators separates it. down to, in deciding how much it has to pay in cable royalties, right? A I promise you I'l answer your question in just a minute, but I also remember that Nielsen will also, on occasion, designate cities. For example, 10 Baltimore City is separate from Baltimore County. Hach of the four cities in Hampton, Newport. News, and

two other towns xn V1rgj nj.ag are each separate» Sop in addition to the split counties, they also„ on occasion, will designate a city as a separate unit. Now I'l answer your question. In general, it's not. possible for me to split.

Q To work it, down to the community level that 18 the cable operators look to in making their decisions 19 about how much they pay in cable royalties.

20 A That's correct.

21 Q And so, for instance, in the example that. 22 we have drawn up here on the board, you would have 23 identified this particular county as entirely distant, 24 for purposes of counting distant signal viewing, even 25 though royalties weren't paid for all the viewing NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1803 within that county?

A That's true. And, again, I would repeat, I think that that is a very reasonable judgment to make because of the high population that falls outside.

Q And in another situation, for instance, if it's more like this and you'e got three cities up here -- let's just assume they each have 10,000 population -- and you have a major city down here with 10 100,000, I take it you would have told Nielsen, you treat all viewing from that county as local and you 12 exclude it from the study, is that right? 13 A That's right.

14 Q And even though, in fact, cable royalties 15 were paid by the cable system for at least some of the 16 viewing in that county.

17 A That's correct.

18 Q Do you recall ever — strike that. 19 (Whereupon, the document 20 was marked for 21 identification as Exh.

22 Mo. PBS 11-X)

23 Let's mark as PBS ll-X, a map.

COMMISSIONER DAMICH: I think this is blown

25 Upo NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234M33 WASHINGTON, D.C. 20005 (202) 234-4433 1804

COMMISSIONER GOODMAN: If you could hand out reading glasses (Laughter.j

MR. HESTER: I should introduce my colleague Susan Stoops, who is a paralegal in our office, who has actually had the misfortune of having to help me on this project. So, this is one person in the room who doesn't think any of what you do is boring, but. she can really sympathize with you.

10 THE WITNESS: She can sympathize from my perspective.

12 CHAIRPERSON DAUB: Welcome to the Tribunal,

13 Susan.

BY MR. HESTER:

15 Q Ms. Kessler, I'e handed you PBS Exhibit 16 11-X. I can tell you that this is a reproduction of 17 one of the maps that's found in the Cable and Station 18 Coverage Atlas for 1990.

19 A I recognize it well.

20 Q This is a map that relates in the part

21 we'e highlighted, to WVIA, do you see that?

22 A Yes, I see that.

23 Q NVIA is the Public Television station with 24 the largest number of full-time distant subscribers in 25 the diary study, are you aware of that? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1805

A No, I'm not, but I accept your word.

Q Now, the orange circle we'e showing there,

that's the Grade B contour from this map, is that right?

A That's right. Tim, just tell me what year Atlas this was taken from?

Q This is from the 1990. And is that the Atlas you would have used for your 1990 work?

A Yes.

10 Q We have highlighted four counties here just to talk a little bit about the approach you followed. 12 Over on the left-hand side, we have Lycoming County, 13 that's roughly 9:00 o'lock. And then up around 10:00 o'lock, we have Bradford County. Then over around 15 2:00 o'lock you see Wayne County. And then at about 16 3:00 o'lock you see Pike County.

17 A Right, I see those.

18 Q And I will tell you, although you are 19 certainly free to check, that all of these were 20 treated in your study as local counties for distant 21 viewing purposes.

22 A I am relieved to hear that. You said 23 local, right?

24 Q Right. All four of these were treated as 25 local. Now, I wanted to focus first on Lycoming. You NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1806 see about half of the landmass is outside of the Grade

B there?

A That's right.

Q And presumably there is some amount of population out there. There's some number of people living in that area.

A I would presume so, yes.

Q And probably some amount of viewing to cable in that area?

10 A I would think so.

Q But Lycoming would have been treated in its 12 entirety as a local county.

13 A That's true. Do you have the Cable Atlas 14 that I could look at for just a minute?

15 Q Sure.

COMMISSIONER GOODMAN: While she is 17 looking, where is this station, in Wilkes-Barre?

18 MR. HESTER: It's in Scranton. I don' 19 know if you can see it very well there. 20 THE WITNESS: You have to have special eyes 21 for this.

22 COMMISSIONER DAMICH: Not World Vision.

23 THE WITNESS: Correct. They might. send World Vision there. 25 (Laughter.) NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1807 I thought I was going to make a point, but I don't think I will.

BY MR. HESTER:

Q What was it that you were looking up?

A I'm not going to tell you.

Q Oh, come on. We'e all among friends. (Laughter.)

A It may come out yet.

Q How, if you look at. Lycoming County, I take 10 it your decision is based primarily on where Williamsport is located, is that right.

A That 8 rj.ght e

Q But you do agree with me that there would be some amount, of population outside the Grade B?

A There would be. Let. me go ahead and make the point that I was going to make. I just. looked up the population of Lycomxng County xn the Atlas, and it's a little over 100,000. 19 I'm looking at the legend at the top of the 20 page, and it says that the circle with the big dot in 21 it has between 25- and 50,000 subscribers. So, I see 22 there that. potentially -- not subscribers -- I'm sorry 23

Q Population.

25 A -- population. So, I see just with that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1808 one town that we are potentially approaching half of the entire population and, therefore, television households of Lycoming County. Then we have additional towns like

Montoursville may have as many as 10,000, so that pops it up. So, again, when you have to make a subjective decision about things, I don't think it's unreasonable to take that approach.

Q Nell, I'm not criticizing you, I just want 10 to make sure I understand the way you did it. COMMISSIONER DAMICH: I think you just separated Duboj.s'town j.nto two thl.rds j.nside and one third outside. (Laughter.) THE NITNESS: I hate it when the line falls right on a town, it's maddening.

BY MR. HESTER:

Q Actually, there is a comment that you made 19 that reminded me of something. Of course, you are 20 looking here at population. You really don't know 21 where the cable subscribers are located.

22 A I do, because one of the protocols for this 23 particular publication is that if a town has cable, the city is underlines. So, you can see that 25 Williamsport is underlined whereas Garden View is not. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1809 Therefore, I know they have cable in Williamsport, but they don't in Garden View.

Q Nhat I meant was that just because you reached the conclusion that half of the population is inside the Grade B, more than half, you don' necessarily know that half of the cable subscribers in that county are located inside the Grade B. It's not the same thing.

A I certainly don't know that, but my 10 expectation would be that there would be a high correlation.

12 Q Right,. And I take it the same point would 13 apply to Bradford, as we'e just been discussing for 14 Lycoming, that. again you treated that entire county as 15 local even though there is some amount of that county

16 that shows to be outside this Grade B contour?

A That's correct.

18 Q And so a cable system, let's say, serving 19 Lycoming County, would in fact pay some compulsory 20 royalties, wouldn't it, in relation to subscribers who 21 are located in parts of Lycoming County? 22 A If there were such a cable system and it did serve those people then, yes, they would have to pay some royalties.

25 Q Now, let me ask you to go around to 3:00 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1810 o'lock on the circle, to look at Pike County. This is where it gets a little dicey, but it looks to me as though both of the cities of significance in that county are outside the Grade B.

A I agree.

Q And so is that one where you may have the

majority of the population outside the Grade B even though the majority of the landmass is inside'2

A Not necessarily, based on one of the things 10 that, you just. said. The population of Pike County is a little over 18,000. It's actually 18,271. I don' know what, those two towns are, but I think that, they have the little dot. that's the smallest one, which 14 means that they would have -- or maybe the next. to the smallest one, so that. they would have a maximum of 2500 population. So, if we have 5,000 of the population 18 outside the Grade B, but, the remainder inside the

19 Grade B, I think that that may be a reasonable way to 20 approach Pike County and treat it as a local county.

21 Q But it doesn't show any cities inside the

22 Grade B for Pike County, right.?

23 A That's true.

24 Q Now, if it doesn't show any cities, does 25 that mean that there aren't any that reach the sizes NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1811 that are reflected in the legend?

A I guess so, but I don't know.

Q So, we don't know whether, in fact, the

population is skewed inside or outside the Grade B for Pike County? I mean, based on the information you have on this map, they'e shown two cities with populations outside the Grade B. They haven't shown us any populations inside the Grade B.

A That's right.

10 Q So, you can't reach a conclusion definitively as to whether most of the population is 12 inside the Grade B.

13 A Oh, I see what you'e saying. No, we can'.

15 COMMISSIONER DAMICH: Or the other way, for 16 that matter.

17 THE NITNESS: That's right.

18 BY MR. HESTER:

19 Q This orange circle, what we'e been 20 describing as the Grade B, could you give the

21 definition of a Grade B contour? I believe you gave 22 it in your testimony. I could point you to it if 23 that's useful to you.

A Point me to it.

25 Q It's Exhibit 1, page 2. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1812

A I can tell you, Tim, I'm going to have to read that, because I don't know it by heart. I'm

referring you to the second sentence: Grade B service refers to the quality of picture expected to be satisfactory to the median observer at least 90 percent of the time, for at least 50 percent of the

receiving locations. Do you see that?

A Yes.

Q Is that the way you would define the Grade

10 B contour?

A I think I copied that out of the rules of 12 the PCC, so I'm willing to go along with their expertise.

Q So, what the Grade B contour is trying to 15 capture is a concept of quality of service, the ability to receive the station over-the-air, is that 17 right'?

18 A That's right. I think it has to do with 19 the fact that there's no bleeding-in of another 20 station, and that there is no snow on the screen.

21 Q So, it reflects the extent to which one 22 could reasonably anticipate that households would be 23 able to receive the station over-the-air?

A That's right.

25 Q And this circle that's shown on Exhibit 11- MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1813

X is an estimate of what that reception pattern would be, isn't it? It's not. an actual determination of what, the pattern is?

A I think that's right.

Q It's an effort to come up with an estimate and it's reasonably circular, right?

A That's right, but that's not true in places like Utah or Colorado.

Q But let's look at this one for a minute.

10 A Actually, look at that station down there in Hazelton, that's not a circle at. all.

12 Q Right. But the noncommercial line shown 13 here is almost a perfect circle, isn't it?

A I agree.

15 Q Are you familiar at all with the terrain around Nilkes-Barre and Scranton?

17 A No, I'm not.

18 Q Have you ever driven up there'? Do you know 19 it's a mountainous region?

20 A I accept that you say it, is.

21 Q And just approaching it with that piece of 22 information that it's a mountainous region, you 23 wouldn't necessarily expect that the service pattern, the ability to receive the station, would be a perfect 25 circle, would you, or do you know? MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1812

A I can tell you, Tim, I'm going to have to read that because I don't know it by heart. I'm referring you to the second sentence: Grade B service refers to the quality of picture expected to be satisfactory to the median observer at least 90 percent of the time, for at least 50 percent of the

receiving locations. Do you see that'?

A Yes.

Q Is that the way you would define the Grade

10 B contour?

A I think I copied that out. of the rules of 12 the PCC, so I'm willing to go along with their 13 expertise.

14 Q So, what the Grade B contour is trying to capture is a concept of quality of service, the 16 ability to receive the station over-the-air, is that 17 right?

18 A That's right. I think it has to do with 19 the fact that there's no bleeding-in of another 20 station, and that there is no snow on the screen.

21 Q So, it reflects the extent to which one 22 could reasonably anticipate that households would be 23 able to receive the station over-the-air?

24 A That's right.

25 Q And this circle that's shown on Exhibit 11- NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1814

A I don't know. I don't have an opinion. Obviously, it came out a perfect circle here, and not just for the PBS station, but for the commercial stations as well.

Q I'l show you an exhibit which we'l mark as PBS Exhibit 12-X. (Whereupon, the document was marked for identification as Exh.

10 No. PBS 12-X)

A I need my 3-D glasses for this one.

12 COMMISSIONER GOODMAN: Superman couldn' 13 read these things.

14 MR. LANE: Is this 4,000 dots, Tim? 15 (Laughter.) 16 If I hold it farther away, will I be able--

THE WITNESS: If I get far away enough away 18 from this, will I be able to tell -- there's a 19 dinosaur in there, right? 20 MR. HESTER: I'l make this easier -- maybe 21 I'l make it easier. 22 I will now hand you another one, an exhibit 23 we'l mark as PBS 13-X. On this one, we have filled in the counties. Slight method to this madness. 25 (Whereupon, the document MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1815 was marked for identification as Exh.

No. PBS 13-X)

CHAIRPERSON DAUB: We'e missing red ink.

THE WITNESS: You have to hold map A up against map B.

BY MR. HESTER:

Q Let me ask you first, Ms. Kessler, have you

ever seen a Grade B contour map that is adjusted for 10 terrain? Have you ever seen such a thing?

A No.

12 Q I won't ask you to vouch for this, but I 13 will represent to you that PBS Exhibit 12-X and 13-X

14 represent terrain-adjusted maps for WVIA which take 15 into account the terrain. And I will just explain to you, the way this works is that where there are 17 crosses shown, or addition signs, that area is outside 18 the Grade B. The white area is inside the Grade A, 19 which is even better service. Areas with dots are 20 inside the Grade B. 21 Obviously, I can't ask you to vouch for the 22 accuracy of these things, but I wanted you to see them 23 so we could discuss them a bit. 24 If you look at Exhibit 12-X or, even 25 easier, Exhibit 13-X, you can see that when you take NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1816 terrain into account and if you accept the accuracy of this map, that. all of the four counties we'e been looking at -- Lycoming, Bradford, Wayne, and Pike

are outside the Grade B adjusted for terrain. Do you see that?

A Yes, I do.

Q And would you agree with me in thinking

about a Grade B contour, that it actually makes sense to look at terrain because terrain could have an 10 impact on decisions by cable subscribers as to whether they want to subscribe to cable. In other words, if 12 a cable subscriber can't obtain a satisfactory over- 13 the-air signal because of terrain, that's one reason that a cable subscriber might well find it attractive 15 to subscribe to a local cable service, is that right?

A I agree with that. May I ask you a 17 question about this map?

18 Q Sure.

19 A What are these produced -- I'e never seen 20 one of these before. What are they produced for?

21 Q Well, they are used by PBS in the course of 22 its business. I could represent to you that they are 23 used by PBS to look at the realistic viewing area for its stations. And so, for instance, WVIA, PBS would 25 assume that it wouldn't reach many people in Lycoming MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1817 County over-the-air whereas, if you went. back and looked at Exhibit 11-X, it would suggest that it reaches well into Lycoming County.

MR. LANE: May I ask Mr. Hester a question?

MR. HESTER: Sure. (Laughter.)

MR. LANE: He changed places so quickly, or are you a ventriloquist? (Laughter.)

10 MR. HESTER: I'm sorry. Madam Chairman, I'l defer if you don't want Mr. Lane to ask me a 12 question.

13 MR. GARRETT: May I ask Mr. Lane a question? 15 MR. LANE: The question I'd like to ask is, 16 is WVIA a must.-carry in Pike, Wayne, Bradford, and 17 Lycoming Counties?

18 MR. HESTER: I don't know the answer to 19 that.

20 THE WITNESS: May I tell you why I asked you the question?

22 MR. HESTER: Sure.

23 THE WITNESS: I think that I said in the beginning that I have been doing this kind of work for 25 almost 16 years. One of the things that I did when I NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1818 was in the Licensing Division was question cable systems when they categorized a station, be it a commercial station or a noncommercial station. If, in

my judgment, I thought it was a distant station and the cable system reported it local, I would ask the system why they had made such-and-such a designation. And if it were the case of a noncommercial station and

I was using the Grade B for that, or if it were

just so the Tribunal knows, the Grade B also comes 10 into effect for cable systems located outside all- television-markets. So, if we had a cable system 12 located in a certain community and that community was 13 outside-all-television-markets and a commercial

station threw a Grade B around that. particular 15 community, that cable system would be able to carry 16 that station on a local basis. 17 And the reason that I was asking about your

18 maps is that in all of my years at the Copyright 19 Office and in the infringement work that I have done,

20 and the enforcement that I'e done for MPAA, while I

21 use the Grade B as my source for challenging the 22 designation, no one has ever come back to me with a 23 map like this. So, I'm not saying that your map isn' 25 valid, but what I'm suggesting is that I don't have NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1819 just a little bit of experience there@ I do have, I think, a significant amount, and I'e never seen anyone use this as a justification for signal carriage.

BY MR. HESTER:

Q But are you aware of instances where people

are allowed, and indeed do come before the FCC to present actual patterns of signals to overcome or to

bypass the estimated Grade B contours set, forth in the 10 Atlas we'e been looking at?

A No, I didn't know that.

12 Q You'e not, aware of that.

A Mo.

Q Let me go back to the question we were

15 discussing. If, indeed, it s difficult to get TIITVIA over-the-air in Bradford County, there could be a real 17 benefit to cable subscribers who want %VIA, in being 18 able to get that on cable, is that right?

19 A I agree with that.

20 Q And in terms of assessing the benefits of 21 distant viewing, would you agree with me that there 22 could be real benefits to distant viewing, in this 23 case Bradford and Lycoming Counties, where cable subscribers can't realistically secure a local station

25 or a local signal over-the-air from WVIAg that there NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1820 would be real benefits to cable subscribers in those two counties, in being able to have access to a cable system with that signal?

A I got lost.

Q I'm sorry. If somebody in Lycoming County

can't receive WVIA over-the-air and they want to have access to an educational television station, would you agree with me that that could be a real benefit to that cable subscriber, of being able to subscribe to 10 cable?

A Yes, I would agree with that.

12 Q And that a cable operator likewise would

13 get real benefits in being able to offer WVIA to such 14 subscribers in, for instance, Lycoming County? A If the subscriber's reason for subscxibing

16 to cable were solely to get the WVIA signal, I would agree that there would be a benefit.

18 Q And I wasn't necessarily even talking about 19 situations where they might subscribe "solely" to get

20 WVIA, but my point is that if they can't get WVIA 21 over-the-air and if they want to have access to an

22 educational station, that the ability to get WVIA via 23 cable would be a real benefit to them, would you agree 24 with that?

25 A I agree with that. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1821

Q And, therefore, could also be a real benefit to the cable operator that is retransmitting

WVIA to those subscribers.

A I agree with that. Let me tell you that in the particular case of WVIA, I'm confused because if I were to look at the map that has the X's and 0's on it--

Q Which one are we on?

A 13-X -- and then also keeping into account, 10 what I know about NVIA signal -- I'l tell you, this is tx'uly confusion on my part, and it has to do with the way things work technically — but I'm looking at, 13 Lycoming County, and I'm seeing that the commercial stations out of Scranton and Wilkes-Baxre are all significantly viewed in Lycoming County. This means that they are available ovex-the-air for a certain amount of the time of the week, at a certain 18 there's a certain measurement for it -- but it always 19 gauged in noncable households. 20 So, the thought that I'm coming up with 21 with Lycoming County is that if these commercial 22 stations whose Grade B's are -- or whose signal 23 strength is as powerful as that of NVIA can be

24 received over-the-air, I don't understand why WVIA 25 also can't be received over-the-air. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234~33 WASHINGTON, D.C. 20005 (202) 2344433 1822

Q When was the determination made of significant viewing that you'e referring to there? That wasn't made in 1990, was it?

A I don't know because significant viewing-- there was a great lump sum significant viewing done in 1972. Then stations are allowed, on a community-by- community basis, to do individual significantly viewing studies. I don't know anything about the four 10 commercial stations that are significantly viewed, but I see that. their Grade Bs are all comparable to that 12 of NVIA, which suggests that. all those stations have 13 similar signal strength. And, therefore, I guess I'm 14 doubting -- it seems inconsistent with this map, and 15 I'm sort of doubting what you'e saying about inability to get the signal well except via cable. 17 That's why I'm so confused about this.

18 Q Well, I guess I wouldn't ask you to vouch for the accuracy of these maps. Obviously, we'l have 20 to present our own witness to sponsor them. 21 I was really asking you if you take as a 22 given that Lycoming County is outside the Grade B, 23 that suggests that, households aren't going to be able to receive that signal over-the-air at a satisfactory 25 level. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1823

A And I guess that's where I am confused because I am not convinced that that is the case.

Q But the discussion we'e had up to this point is, on the assumption that Lycoming is outside the Grade B when you adjust for terrain, I take it you would agree with me that there could be real benefits to a cable operator that is able to offer that service on a distant basis in Lycoming County'

A I think that there would pxobably be a 10 benefit to the cable system regardless of whethex't were distant or local, but I cannot qualify it with 12 the Grade B. I just can', do that.

Q Shy do you say there would be a benefit to the cable operatox'egardless of whether it was distant or local'P

A If I were a person in busienss offexing a

commodity of some kind and somebody came to my store 18 and wanted to buy something that I didn't have, I 19 would want to supply that.

20 Q And in the example we'e talking about 21 here, assuming that subscribers would want the 22 noncommercial station and they couldn't receive it 23 over-the-air?

A It could be a noncommercial station. It 25 could be a commercial station. It could be fire alarm NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1824 coverage.

COMMISSIONER DMICH: Mr. Hester, on your maps, I notice the date is rather specific -- Monday, June 29, 1992. Does that suggest that the contour changes, or that it remains the same?

MR. HESTER: Well, it's my understanding that's the date that the runs were made of these maps, that they are based on a survey done by the National Geological Survey, and it's based on a computer model 10 of terrain in different counties, and the computer model is able to work with the Geological Survey to 12 figure out, the terrain within counties, down to some 13 small fraction, sort, of like a block. 14 So, these runs were made for PBS in June '92. They are actually based on a survey that. I believe was updated in 1990, that the Geological 17 Survey has reworked from time to time.

18 COMMISSIONER DAMICH: There's no 19 significant change due to atmospheric conditions, for 20 example, it's just terrain?

21 MR. HESTER: I'm not aware of any such 22 changes.

23 BY MR. HESTER:

24 Q Ms. Kessler, let me ask you to turn to page 25 5 of your testimony, if you could, please. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1825

A (Complying.)

Q It's the next to the last paragraph on page 5. The second sentence in that paragraph refers to the National Geographic and Jacques Cousteau series being found on both commercial and noncommercial stations, do you see that?

A Yes.

Q Are you referring there to the fact that the same National Geographic series that was measured

10 in the household viewing study as part of the MPAA category, was also included in the programming found 12 on PBS in 19907

13 A No. What the objective of this discussion 14 is, is to show how we take previous assumptions or 15 impressions, and when we examine them in terms of our 16 categorization rules, it turns out we have to do 17 something completely different than what. we assumed 18 should be done, or what we believe should be done. 19 And the examples that I gave are the National 20 Geographic and Jacques Cousteau programs. 21 I know that I see -- and I'm not being 22 title-specific for a reason. I know that I can see 23 Jacques Cousteau or a National Geographic show of some kind in a variety of venues. I can see them on Public 25 Broadcasting stations. If I had cable, I could see MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1826

them on WTBS. And with respect to the National Geographic shows, I can see some on commercial stations. So, if I'm a person who is not accustomed to categorizing, I might automatically make an assumption about those programs. And I can tell you

that my own personal bias is that I assume those to be

PBS-type programming. That is my own personal bias. So, when I think of programming like that, I think of 10 documentary type programming, or animal programming, or nature programming, and I think PBS. 12 And what I was trying to point out in this 13 section of the testimony is "it ain't necessarily so" when we come to the Tribunal because we have a 15 different framework in which we work. So, a person 16 has to be really knowledgeable about the specific 17 categorization that we do here in order to adequately 18 address where these programs should be placed.

19 Q Let me ask you to turn to page 58 of Mr. 20 Cooper's Exhibit ARC-5.

21 A (Complying.)

22 Q Do you see two entries on that, page for 23 National Geographic? There's one for the National 24 Geographic Explorer Magazine, and another one for 25 National Geographic on Assignment. MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1827

A Yes, I see that.

Q Now, were either, or both, of these specific programs also shown on PBS during 1990, do you know?

A I don', know about 1990, but I think that I would add a third program to your list. If you look

on page 8 of that same exhibit, you'l see Best of the National Geographic. Let me tell you what I know about the two 10 that are in the end, the National Geographic Explorer Magazine and the National Geographic on Assignment. 12 One of them is made up of segments from the other. And I may be wrong about this, but I believe 14 that the National Geographic Explorer is made up or 15 contains segments that were previously in National 16 Geographic on Assignment. National Geographic on 17 Assignment is made of up segments that have been shown 18 other places both in the United States and countries 19 outside the U.S. 20 I don't understand what the dynamics were, 21 but some of the segments are on PBS stations and some 22 are on commercial stations, and I don't exactly 23 understand how the segments flow from one to another.

Q When you said some of the segments, some of 25 the segments in the Assignment series, or the MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1828 Explorer?

A I think that the seminal show is the Assignment, one Assignment show, and that some segments from that are available on PBS stations and on other stations outside the United States. Then

segments from On Assignment are also incorporated in Explorer. So, we are not talking about unique episodes in each one because there is a "bicycling" of 10 segments between programs.

Q So that some of the programming in the 12 National Geogxaphic Explorer Magazine would have 13 previously been seen on PBS?

14 A That is my understanding.

15 Q And is that also true for the Best of the National Geographic Specials which you pointed our attention to?

18 A I don't have a basis to be able to answer 19 that question.

20 Q Do you know whether the National Geographic Explorer Magazine itself, that show, was also on PBS 22 at some point or another?

23 A You mean during 1990?

24 Q Or at anytime. 25 A I don't know if under that specific title. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1829 I don't have a recollection.

Q Is it your best understanding that during 1990 there were some National Geographic on Assignment programs found on PBS?

A I stop hearing at National Geographic, and

that's my point. It's not to cut off the question,

but my point is, in that section of my testimony, to show how we make snap judgments about things. I don' think I'm the only person who stops listening once the 10 words "National Geographic" come out, and that the

designations Explorer or On Assignment or Best Of seem superfluous because the real basic part of the title 13 is National Geographic, to me.

14 Q And the basic part of the program content 15 is about the same, too?

16 A My understanding is yes.

17 Q Let me ask you to turn to page 9 of your 18 testimony.

19 A (Complying.)

20 Q At the bottom of this page, in the last two 21 paragraphs, you talk about the use of four-cycle data 22 during 1990, do you see that?

23 A Yes.

24 Q I take it your view is that four-cycle data 25 are less accurate than the data that you used in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1830 earlier years?

A That is my view, yes.

Q Could you explain why you consider those data to be less accurate than what you used in prior years?

A My own judgment is, the more data anyone can collect to describe an event, the more data you have available, the more accurate the description of the event will be.

10 In my system of thinking, to have six months'orth of data is certainly much more -- it 12 captures more of a year than four months of data do. 13 Therefore, to me, six months'orth of data give a more reliable estimate of what took place over 12 15 months, than four months'orth of data do.

16 Q Another way to put that is that with four- 17 cycle data, you are only measuring a third of the 18 year?

19 A That's correct, and with six months you 20 would get half of the year. 21 MR. HESTER: That's all the questions I

22 have. Thank you for putting up with my maps.

COMMISSIONER DAMICH: Nho's next?

MR. LANE: Don't everybody jump at once.

THE WITNESS: Now, come on. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1831 (Laughter.)

COMMISSIONER GOODMAN: Do you recall why the Tribunal preferred four-cycle data to six-cycle data? I could look it up, but I just wondered if you recalled it.

THE WITNESS: I can recall -- I certainly could give you like a ten-year history of all of this. When we began doing four-cycle data studies back in the late 1970s and early '80s, there was the concern 10 that. baseball was undermeasured. And when we began doing these studies, the

only data -- it's my understanding the only data that were available, diary data, were for those four sweep periods. Then either we found out, ox the data were 15 newly available, that. for some markets Nielsen measured not only the four sweep periods, but two 17 additional periods, October and January. 18 So, we wanted to respond to the Tribunal's 19 criticism that we didn't have enough data, by offering 20 six-cycle data. And so when we offered -- I can' 21 remember what. happened when we offered six-cycle data.

22 MR. GARRETT: Commissioner, let me just say 23 that I think the answer to your question is to be 24 found on page 15299 of the Final Determination you 25 made on the case, in the middle column. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1832

THE WITNESS: You mean you don't want me to

answer the question according to my recollection, Bob?

MR. GARRETT: Please feel free, Marsha. You'l answer regardless of how I feel.

THE WITNESS: Well, I guess that I will not say anything further, except that no matter what we have offered, it has been rejected, or it seems that whatever we have put forward, there has been fault found with it. And so the most recent ruling was that 10 for our interpretation, four-cycle data were to be the determining data, and that's why we have done four- 12 cycle data this time.

13 COMMISSIONER GOODMAN: If we didn't give you a moving target, it would be easy for you to hit. 15

16 THE WITNESS: I won't say anything.

17 CHAIRPERSON DAUB: Mr. Stewart?

18 MR. STEWART: I'm in the uncomfortable

19 position of not being in a position to finish my cross 20 today. I wasn't expecting to be this far along. I

21 would like to start my cross and ask some questions 22 this afternoon, but I'm afraid that I'l have to stop 23 and I will need to come back tomorrow.

CHAIRPERSON DAUB: Would you like to have 25 somebody else volunteer? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1833

MR. STEWART: Yes, but I'm afraid I'e been volunteered. If that's acceptable -- I hate to slow us down by having to stop by the latest we can go today.

COMMISSIONER DAMICH: Before midnight.

MR. STEWART: Pardon? Before midnight, yes. In fact, I will only have a short bit of cross- examination this afternoon.

COMMISSIONER GOODMAN: Will there be any 10 maps? (Laughter.)

MR. STEWART: That's what I need to bring in tomorrow.

THE WITNESS: Mo, no maps.

MR. STEWART: Good afternoon, Marsha.

THE WITNESS: Good afternoon.

17 MR. STEWART! Nice to see you again.

18 THE WITNESS: And you.

19 CROSS-EXAMINATION

20 BY MR. STEWART:

21 Q Turning first to the question of how you 22 categorized or identified the programs that were 23 included in the viewing -- the diary-based viewing 24 study. The 1990 study was the first one for which you

25 used data from the TV Data Corporation, is that right? MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1834

A That's correct.

Q Would you explain how you did it in prior years, in prior studies?

A In prior years, when we purchased the database from Nielsen, we purchased viewing and program names. That's just it. And this year, for 1990, we just purchased viewing and no program names.

Q And do you know how Nielsen -- that is, you purchased program names from Nielsen, correct?

10 A In previous years?

Q Yes.

12 A Correct.

13 Q And do you know how Nielsen identified the names of the programs for which it provided you 15 viewing data?

16 A It is my understanding that Nielsen used

17 something called a "pre-list". A pre-list -- and this 18 is all third-hand knowledge, I don't have first-hand

19 knowledge here. My understanding of a pre-list is 20 that it is a station log of its programming, that the 21 stations did their pre-list and submitted them to 22 Nielsen, and Nielsen incorporated their schedules as part of our database.

Q So the stations themselves would provide information about particular programs being broadcast? MEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1835

A That's my understanding.

Q Now, the TV Data -- strike that. If you look at the MEK-8 exhibit which lays out the program-by-program viewing information for 1990, and compare it with prior years'tudies, the 1990 report appears to have far less detail. Is that a fair characterization.

A I can almost picture them. The first line of data would be the program name -- not line 10 column, and that's the same in both years. In previous years, the next column was the program category to which the program was assigned. This 13 year, the programs are grouped together by categories. The next four to six columns in the old 15 study, were each measurement month-something -- time 16 it ran, like Monday through Friday, or something like 17 that. To be honest with you, I don't remember what' 18 in MEK-8 this year.

19 Q Okay. And I'e sent you in the wrong 20 direction. Do you have a copy of MEK-8?

21 A I do not.

22 Q You don'. Can I ask to borrow the Tribunal's copy?

A We had a copy of MEK-8. 25 (The document was passed to the witness.) NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1836

Q You'e looking at a randomly selected page from MEK-8, is that right'?

A I only see one difference between the two years'ormat, and that is in the columns that represent each measurement period's data. In prior years, that particular column indicated, I think, either a day of broadcast or possibly a time of broadcast -- I just don't remember more specifically than that, -- whereas this year's study shows the 10 number of guarterhours during that month that broadcast took place. But other than that, the format 12 is the same, a column showing the total number of 13 quarterhours for the measurement periods and the 14 household viewing hours, and I think that is the same 15 as last year.

Q Let me try it from a different direction.

17 The TV Data information is used by the TV Data 18 Corporation principally as a source for program 19 listings that. are published in newspapers, is that 20 correct?

21 A That's my understanding, yes.

22 Q And that's the, in effect, proposed 23 broadcast schedule which is provided to people through 24 newspapers, correct?

25 A That's right. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1837

Q Did TV Data modify the data that they provided to you to reflect any changes in program schedules that occurred between the publishing of the schedule and the actual broadcast of the programs?

A I have no information to say they did or they did not. I just don't know.

Q Whereas when Nielsen uses data directly from the stations, isn't it the case that the stations provide Nielsen with information about, any pre- 10 emptions or changes in program schedules, so that the Nielsen reports themselves, not the MPAA/Nielsen study, Nielsen reports themselves will reflect viewing 13 to the programs that actually aired as opposed to the programs that. were scheduled to be aired?

A That's my understanding, that's true.

16 Q So that by using TV Data information to identify "programs", you don't reflect necessarily the 18 programs that actually aired, you reflect the programs 19 that were scheduled to be aired, correct?

20 A Like I said earlier, I don't have a basis 21 to answer your question.

22 Q Do you have a basis to agree or not, that 23 it's likely that when stations pre-empt programs that 24 are regularly scheduled, it is likely to be able to 25 broadcast a program produced by the station itself? NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 2344433 1838

A I don't have any knowledge of that.

Q Do you know whether it's common practice for stations to pre-empt syndicated series and replace them with other syndicated series?

A I have no knowledge.

Q Did the meter-based study use TV Data information to identify the programs, or Nielsen's own data to identify the programs?

A I know that the meter study uses some TV 10 Data schedules. I don't know if it's 100 percent, or

a small percentage, but I know TV Data schedules are 12 there.

13 Q You said that in trying to categorize programs for which you had the titles, you went and 15 looked at the claims filed by some of the sample 16 stations, is that correct?

17 A That's right.

18 Q How many of them did you check?

19 A I have my list here, I could -- I don'

20 know why I don't have my list here with me today. If 21 we could wait for this question tomorrow, I'l bring 22 it with me and I'l be able to answer you.

23 Q To what list are you referring?

A When I came to the Tribunal, I did a 25 handwritten list that showed the station and the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1839 program that it listed as its local programming, and

I have a copy of that list in my office, but I don' have it here with me; otherwise, I could answer your question.

Q And how did the station's copyright claim

indicate whether it was "local" ? A I don't know if there was a consistent format. Sometimes, some of the stations -- if I could just run over there and get a claim -- sometimes they 10 have a boilerplate language, and it says something about "we'e claiming for programs produced by our 12 station", or some words to that effect, and then they 13 have a listing of the television stations. I can' 14 recall the boilerplate language of it, but they 15 designate the programs for which they are claiming. 16 Some list all of their programs, some seem 17 only to give a sampling of their programs, but I 18 copied down all of the stuff that was there.

19 Q Do you know whether it's required in order 20 to have a valid claim on file with the Tribunal, for 21 a station claimant, or any other claimant, to name all 22 of the programs it owns that were transmitted on a 23 distant signal basis during the year?

A I know they only have to name one.

25 Q Do you know whether it's required on the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 (202) 234-4433 1840

claim that's filed with the CRT, to identify which category, which claimant category the program falls into?

A Mo, they do not have to say that.

MR. STEWART: I am afraid I'm at the end of

my preparatory questions, and I'd like to continue tomorrow, with the indulgence of the Tribunal.

CHAIRPERSON DAUB: Thank you. Unless otherwise changed and notified to you, we will be back 10 here at 2:30 tomorrow afternoon. Thank you, Ms. Kessler, we will see you tomorrow. 13 (Whereupon, the witness was excused.)

We are adjourned. 15 (Whereupon, at 5:20 p.m., the hearing was

16 adjourned, to reconvene Tuesdays October 5i 1993@ at 2:30 p.m.) 18

19

20

21

22

25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W. (202) 2344433 WASHINGTON, D.C. 20005 (202) 234-4433 1841

CERT I P I CATE

This is to certify that the foregoing transcript in the matter of. 1990 CABLE COPYRIGHT ROYALTY DISTRIBUTION PROCEEDING DOCKET NO. CRT 92-1-90CD

Be fore: COPYRI GHT ROYALTY TRI BUNAL

Date: OCTOBER 4, 1993

Place". WASHINGTON, D.C.

represents the full and complete proceedings of the aforementioned matter, as reported and reduced. to type- writing. cPA~ 0 g D

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS, 1323 RHODE ISLAND AVENUE, N.W. (202) 234-4433 WASHINGTON, D.C. 20005 NOVEMBER 1990 Program Totals

SYNDICATED'ROGRAM ANALYSIS ANDY GRIFFITH SHOII $

DIBTRIBUTOR V I ACOM ENTERPR I SES MARKETB TELECASTING 84 PROGRAM TYPE SITUATION COMEDY 87 STATIONS TELECASTING PROGRAM DURATION 30 MINUTES 67 PREVIOUS SPA'S NETWORK AFFILLIATION % 41 ~ 0 NOV 71 FIRST SPA AGGREGATE TSA PROGRAM TOTALS FOR HOME STATIONS STATIONS WOMEN DAYPART IN WHICH ~ TOTAL TVHH PCT NO. WOMEN 18+ WOMEN 18-34 WOMEN 18-49 WOMEN 25-84 58+ NUMBER TVHH TSA TELECAST BEGAN CVG STNS TSA TSA TSA TSA VPHH VPHH (000) VPHH (000) VPHH (000) VPHH l4(TS RTO SHR (000) (000) 22 233 12 11 117 50 49 21 89 38 80 34 9 M-F MORNING 9-12 11 8 34 102 22 9 553 21 22 320 58 125 23 202 37 190 18 M-F AFTERNOON 12-4 45 244 41 154 26 M-F 4-6 18 19 593 8 18 451 76 141 24 269 EARLY FRINGE 73 49 59 39 18 12 M-F FRINGE 6-7 8 4 150 7 8 94 63 45 30 33 13 48 13 48 4 15 M-F ACCESS 7-8 2 4 27 I 2 20 74 9 PRIME TIME 8-11 M-SA 7-11 SU 42 54 61 42 48 8 M-F LT NNS 11-11:30 4 7 88 63 72 37 42 7 58 6 50 8 M-F LT NIGHT 11:30-1 5 20 12 8 67 5 1 20 60 MOANING 8-1 1 11 5 3 60 1 20 SA 50 33 AFTERNOON 1-4:30 2 7 6 5 83 1 17 3 50 SA 19 25 38 SA FRINGE 4:30-8 3 12 16 11 69 1 6 3 LT NIGHT 11" 1A SA 41 14 44 4 13 SU MORNING 8-1 4 5 32 2 4 18 56 7 22 13 8 31 9 35 AFTERNOON 1-4:30 2 8 26 2 2 19 73 6 23 10 38 SU 40 19 FRINGE 4:30-7 6 13 215 3 7 142 66 57 27 90 42 83 39 SU 4 67 NIGHT 11-1A 1 12 6 1 5 83 3 50 5 83 SU LT 373 19 SU/SA SO/80 84 9 1968 59 87 1280 65 489 25 835 42 752 38

ADI Program Totals MARKET NAME ADI SIGN ON/SIGN OFF SHARE OAY/TIIME/TELECASTS CALI OH NO l,EAD-IN PROQRAI4 TV HOUSEHOLDS WONIEN 18+ WOI¹ EN I 8-84 WOMEN 1~ WOI¹EN 25¹H WOMEN 85+ TSA (000) LETTERS AFFIL TITLE RTQ SHR RTQ SHR RTQ SHR PHH RTQ SIEI P RTQ BIB( PH RTQ SHR HH RTG SISI PH OOMPETINQ PROQRAI¹8 IDX IDX AMARILLO 218/8 1 8 AVQ 7:DOA& 3T/C KAMR 1 8 41 89 4 24 TSA(000) 2 1 1 VAR IOUS 3 18 1 11 50 1 11 17 1 22 33 1 12 17 1 ll 17 1 2 27 40 2 29 40 2 16 20 VARIOUS KV I I+ 07 A VARIOUS 3 16 2 21 60 17 20 1 1 8 25 1 10 25 VAR IOUS KFDA 10 C VARIOUS 2 13 1 8 50 10 25 7 25 1 13 33 1 12 33 2 VARIOUS KC I 7+ 14 F PVT BENJAMN& 2 9 1 8 67 8 33

ATLANTA 10S/S 14 48 5 13 43 5 7 16 M-F 6."30P& 22TYC IITBS+ 17 I S 13 259 144 5 11 70 6 19 32 5 TSA(000) 136 98 44 67 59 22 8 HILLBILLE& 5 9 3 6 60 3 12 29 3 9 46 3 8 39 2 3 9 21 6& IISB 02 'A CH2 ACT NII & 14 23 12 26 88 8 20 18 9 23 44 10 24 45 29 39 CHE ACT NN 27 15 32 23 32 51 CSS EVE NEWS& RAGA 05 C EYWTN NEIIS & 12 20 10 21 88 3 10 10 5 12 8 16 46 7 17 43 14 20 37 11AI.IVE NII 6& NX I A 11 N 11ALIVE NN & 1D 17 8 18 87 4 14 18 6

ATLANTA 108/8 31 5 14 48 5 13 42 4 8 AVG 6:30P& 34T/C IITBSi 17 I 7 13 238 144 5 12 88 5 18 123 85 39 59 52 19 TSA(000) 4 VARIOUS 5 10 3 7 57 3 13 29 3 9 43 3 9 37 2 11 18 31 18 32 41 RAGA 05 C VARIOUS 12 22 8 21 75 3 11 11 4 14 27 6 VARIOUS 41 7 19 41 14 25 37 VARIOUS NSB 02 A VAR I DUS 10 19 8 21 83 4 16 17 8 18 11 4 41 5 14 40 9 17 33 VARIOUS IIX I A 11 N VAR IOUS 8 14 6 15 79 3 15 1¹

AUGUSTA 138/8 4 11 42 3 5 18 M-F 6:ODP& 22T/C IIAGT4 28 N 6 10 200 111 4 9 74 7 19 44 4 13 51 TSA(000) 14 11 6 7 6 3 14 43 3 8 21 VAR I OUS 6 14 5 14 86 6 17 36 5 17 64 4 17 44 43 31 48 38 NNSNTCH6 BPM& WJBF 06 A VARIOUS 25 43 20 45 88 14 37 21 16 43 45 38 11 28 41 23 35 43 12 EY Nll 6P & NlDN 12 C AllEN-8 16 28 14 31 89 9 25 22 10 26 VAR I OUS YIBE + 67 F VAR I OUS

BAKERSF IELD 7S/S 1 4 41 2 11 23 1 5 26 1 3 16 2 3 12 M F 5: 30P 18T/C KDOB+ 45 I 3 8 114 89

6 2 1 2 1 I TSA(000) 14 CHARLES N MF 4 9 2 5 43 4 20 43 3 11 43 1 3 11 4 16 28 5 18 28 20 40 56 17 NENS AT 5 KGET+ 17 N 17 NEWS AT 5 11 24 9 27 94 3 16 14 4 16 29 7 22 50 10 20 43 CBS EVE NEWS KENO+ 23 C 23 NEIIS 5 8 18 7 20 93 3 15 20 67 5 16 42 5 10 17 'AKERSFIELD ABC IIRLD NNS& KBAK~ 29 A NEWS 29 5 6 14 5 14 83 4 20 33 5 7S/S . 11 1 4 2 10 25 1 5 27 1 4 20 I 3 AVG 5:30P& 26T/C KDDB+ 45 I 3 7 86 78 43 1 TSA (000) 4 2 1 1 VARIOUS 3 8 1 5 40 3 16 40 2 9 40 1 3 20 12 4 16 24 5 20 29 15 37 47 VARIOUS KGET+ 17 N VARIOUS 10 25 8 26 82 3 17 14 17 29 22 43 9 22 36 VARIOUS KERD+ 23 C VARIOUS 8 21 6 21 79 3 16 4 6 4 17 4 14 40 5 13 20 VARIOUS KBAK+ 29 A VARIOUS 6 14 4 14 80 3 17 30 60

BALTIMORE BS/8 18 1 6 35 1 7 40 2 14 M F 11:OOA& 36T/C IIBFF+ 45 F 1 6 31 67 1 4 55 7 4 4 I TSA I 10 6 2 000) I 9 ALL IN FAML& 1 7 1 5 55 1 9 18 1 8 45 1 8 45 44 33 38 7 37 44 PRCE IS RGT1& 11 C GERALDO 5 31 4 35 89 2 32 18 3 36 3

PAGE 189 Program Totals

ANDY GRIFFITH SHOW PRpGRAM ANALYSIS SYHOICATED

MARKETS 54, 865, 500 ADI TOTAL TV HH RATING 2. 9 HH IN Apl COVERAGE 59.09 ADI TOTAL TV HH SHARE 9 ~ 0 Apl MARRKETS%U.S. (CL AGGREGATE TSA PROGRAM TOTALS FOR HOME STATIONS CL 18-34 MEN 18-49 MEN 25-54 MEN 55+ TEENS 12-17 CHILDREN 2-11 CHILDREN 6-11 DAYPAAT C 18+ MEN MEN TSA TSA TSA TSA TSA TSA 0) TSA VPHH VPHH VPHH VPHH VPHH VPHH VPHH TSA VPHH 000 000 000 000 000 000 000 000 M-F 55 24 75 32 63 27 17 7 5 2 33 14 15 6 9-12 0 g5 41 M-F 12-4 107 19 190 34 169 31 64 12 15 3 71 13 22 4 0 266 48 18 72 12 109 18 70 12 II-F 4-6 59 126 21 225 38 207 35 104 350 14 9 29 19 62 41 37 25 M-F 6-7 51 38 25 60 40 47 31 76 7 26 12 44 11 41 5 19 4 15 13 48 8 30 M-F 7-8 Ql 19 70 PRIME TIME 3 27 37 42 34 39 7 7 9 M-F 11-11: 30 V) 46 52 24 C 3 25 5 42 5 42 17 17 17 H-F 11: 30-IA 8 67 2 40 2 40 20 20 SA 8-1 3 60 2 2 33 17 17 17 17 SA 1-4:30 3 50 33 50 3 19 3 19 31 6 SA 4:30-8 8 SA 11-1A 13 41 3 9 3 12 38 2 6 SU 8-1 'C 18 56 8 25 15 47 9 31 3 12 1 4 19 3 12 SU 1-4:30 12 46 5 19 9 35 8 5 11 62 29 SU 4:30-7 117 54 46 21 86 4Q 79 37 23 34 16 81 38 50 2 33 2 33 3 50 I 17 SU 11-1A 3 225 SO/80 1027 52 422 21 725 37 647 33 250 13 173 9 398 20

ADI Program Totals

ADI LEAD OUT LEAD OUT ADI TV HH MEN 18-48 MEN MEN TEENS 12-17 CHILDREN 2-11 CHILDREN 8-1 T MEN 18+ MEN 18.24 2$~ 85+ PROGRAM TITLE

RTG SIEI VPHH ATQ SHR VPHH RTG SHR VPHH RTG SHR VPHH RTG SHR VPHH RTG SHR VPHH RTQ SHR VPHH RTG SHR VPHH RTG SIEI

1 11 80 8 12 9 34 9 34 3 15 46 1 19 10 3 9 1 6 9 2 1 1 1 2 17 67 1 14 17 2 15 2 16 3 19 17 2 21 17 3 20 50 4 28 33 VARIOUS 4 23 1 12 40 1 13 20 1 15 40 1 15 40 10 20 2 37 20 4 33 60 4 30 40 VARIOUS 2 12 2 22 75 2 28 25 19 50 2 22 50 3 25 25 1 7 1 10 25 2 14 25 VARIOUS 9 45 I 5 33 5 5 1 5 2 32 33 2 14 33 2 17 33 VARIOUS 2 9

5 14 67 6 20 29 5 17 52 6 15 46 4 7 10 5 20 16 6 23 35 6 22 21 92 40 71 63 14 22 49 30 3, 8 61 4 14 32 3 10 49 3 10 45 2 3 7 4 14 18 4 18 35 4 14 19 HPY DAYS AQN 6 11 9'3 62 6 20 17 7 22 38 8 23 38 15 25 20 3 10 4 3 9 8 3 8 4 ASC WRLP NWS 13 21 8 21 65 2 8 7 4 13 27 5 15 28 23 38 36 2 9 5 2 6 6 2 6 4 WHEEL OF FOR 15 24 5 14 53 4 14 15 4 13 30 5 15 34 9 15 17 2 8 4 1 3 4 1 3 2 NBC NQHT NWS 9 15

5 13 63 6 19 30 5 16 50 5 14 43 3 6 8 4 16 13 5 20 30 5 20 18 78 37 62 54 11 16 37 23 3 8 56 4 14 31 3 10 45 3 10 40 2 3 6 3 12 14 4 16 32 4 15 19 VAR IOUS 6 11 9 25 73 4 14 12 6 18 34 7 20 36 22 40 34 3 12 6 2 9 8 3 10 5 VARIOUS 14 25 7 19 64 5 17 19 6 18 39 6 17 37 11 20 20 2 9 5 2 7 7 2 7 5 VARIOUS 9 17 4 11 51 3 10 14 3 10 30 4 11 32 7 12 16 1 5 4 I 4 5 1 2 VARIOUS 7 13

3 9 59 5 20 33 4 12 48 3 10 41 3 5 10 4 17 30 3 15 24 3 16 19 9 5 7 6 1 4 4 '3 3 12 50 3 13 21 3 13 36 3 12 36 3 10 7 6 21 36 3 13 29 4 13 21 VARIOUS 5 9 16 43 63 8 32 13 11 37 30 15 43 36 28 48 25 5 24 7 4 22 9 5 23 5 VARIOUS 22 43 12 32 73 7 27 19 9 31 41 10 28 38 21 36 27 4 15 5 4 19 11 5 23 8 VARIOUS 13 25 2 2 VAR IOUS

2 7 58 3 12 32 2 8 40 1 6 28 2 5 14 2 9 11 5 22 69 5 19 36 3 2 2: 2 1 1 4 2 I 5 29 2 11 29 2 9 29 1 6 14 6 29 43 9 37 100 9 32 57 HUNTER-8 6 II 5 17 44 1 7 6 2 9 11 3 12 17 11 28 28 1 6 1 6 1 6 17 NGHTLY NW 9 IS 5 21 71 3 14 14 3 15 29 5 20 36 9 23 29 2 10 7 I 3 1 3 23 NWS AT 6 12 ZZ 4 14 58 3 16 25 4 16 42 4 16 33 5 14 17 1 8 I 5 8 1 5 MEWS 29 6 I4

2 7 65 2 11 35 2 7 43 1 5 33 2 5 15 1 9 12 4 21 67 3 17 3 1 2 I 1 1 3 2 1 5 40 2 9 20 2 8 40 1 5 20 1 5 26 40 6 33 100 7 29 60 VARIOUS 5 10 6 21 59 3 15 12 3 15 24 4 16 24 11 29 29 1 8 1 3 6 1 5 6 VARIOUS 9 Ig 6 26 79 4 20 14 4 21 36 5 23 43 11 30 36 2 15 7 1 4 1 4 VARIOUS 11 24 4 16 70 3 16 30 3 16 40 3 15 40 6 17 30 1 10 1 5 10 1 5 10 VAILI DUS 7 IS

7 48 10 16 1 14 39 1 14 36 3 8 1 24 17 1 9 17 8 3 5 2 4 4 1 2 2 1 10 55 1 17 27 1 20 45 1 16 36 2 9 1 29 18 6 9 6 A GRIFFITH 2 1 5 2 36 44 2 47 1'3 2 38 20 1 30 15. 5 36 24 1 28 5 1 14 7 1 17 PRCE IS RQT2 6 30 /glRiRIFRCihl PAGE PeahaNllal

-ANDY-GRIEF(TH SHOW SYNDICATED PROGRAM ANAEYS IS

MARKET NAME ADI N OR/SION OFF SHARE Y/TIME/TELECASTS CALL CH NO LEAD-IN PROGRAM TV HOUSEHOLDS WOMEN 18+ WOMEN 18-34 WOMEN 18-48 WOMEN 25-54 WOMEN 56+ TSA (000) LETTERS AFFIL TITLE A G SHA RTG SHA RTG SHA PH RTG SHA PH ATG SHA VPH RTG SHA VPH RTO 8HA FHH COMPETING PROGRAMS IDX IDX BALTIMORE 6S/S (CONTINUED) PEOPLES CAT WJZ 13 A JOAN RIVERS& 3 18 2 19 89 1 18 17 1 16 34 2 18 34 4 20 49 TIM OPHNE SH WMAA 02 N SALLY J RPH& 2 15 2 16 88 1 15 19 1 15 38 2 18 50 3 15 36

BALTIMORE 68/8 AVG 11:OOA& 44T/C NBFF% 45 F 1 6 28 67 4 57 5 16 5 34 1 6 40 2 16 TSA(000) 9 5 2 3 4 2 VAAIOUS 1 6 1 4 60 1 7 20 I 7 40 1 7 40 2 10 VARIOUS WSAL 11 C VARIOUS 5 29 4 32 88 2 28 19 3 32 44 3 30 38 6 35 42 VARIOUS WJZ 13 A VARIOUS 3 16 2 18 90 1 15 17 1 15 33 2 16 37 3 19 47 VARIOUS WMAA 02 N VARIOUS 2 15 2 16 80 1 15 20 1 14 36 2 17 44 3 15 32

BIRN(NGHAM 98/8 M-F 12:30P& 36T/C WTTO+ 21 F 4 14 121 156 3 12 74 3 13 26 2 12 40 2 14 37 3 12 30 TSA(000) 22 16 6 9 8 7 I LOVE LUCY& 3 12 3 11 80 3 15 30 2 13 45 2 13 40 3 10 30 JEOPARDY NBRC 06 A NEWS AT NOO& 7 28 6 27 82 3 13 13 3 16 27 4 21 29 11 43 51 DAYS LIVES WVTM 13 N ALBMA NN NW& . 7 27 7 30 100 10 46 60 8 41 74 6 34 48 4 16 21 BOLD-BEAUTFL& NBMG+ 42 C THE JUDGE 2 9 2 11 100 2 11 31 2 12 62 2 11 46 2 8 31

8 IBM I NGHAM 98/8 AVG I:OOP& 44T/C NTTO+ 21 F 4 16 152 178 3 16 80 4 19 28 4 19 51 4 21 47 3 13 25 TSA(000) 26 RI 7 13 12. 7 VAA I OUS 3 IR R 11 79 3 15 32 2 13 '47 2 12 37 3 10 26 VAR IOUS WVTM 13 N VARIOUS 7 2'7 6 29 86 9 42 42 7 37 63 5 31 42 4 17 21 '3 VAR I OUS WBRC 06' VAR I OUS 8 RB 5 25 80 13 12 17 29' 4 EI '9 'O 39 49 VAR I OUS NBMG+ 42 C VAR I OUS 3 11 2 10 75 10 R5 11 44 2 10 31 2 8 25

SLFLD BKLY OAK )I IBS/S' SUN 7:OOA IT/C NOAY 04 A TSA(000) II R REVIVALS ORAL ROSERTS NVVA 06 N REV REPASS 20 I 34 100

BOSTON 58/S M F 9".3DA& RST/C I 4 28 44 'I 39 2 14 3 30 3 27 8 TSA(000) 24 9 3' 6 2 ONE OAY TME& 4 I 27 9 2 23 '2 IS 5 D DAY 05 A GOOD DAY 5 RO 4 23 85 3 23 24 3 22 41 3 23 39 RR 41 REGIS KATHIE& 07 C AEG(S KATHIE 4 17 3 20 92 2 15 20 2 12 29 2 12 25 7 28 62 JOAN RIVERS & 04 N JOAN RIVERS 3 13 2 14 82 I 4 7 I 7 22 I 8 RR 5 20 60 SRTL~P-JN C) TC 208/8 ' 9 F/ 5:3OP IST/C WJHL 11 C 8 25 283 278 7 31 88 5 27 21 8 31 46 30 42 9 31 34 TSA (000) RB 23 5 12 II 9 MAMAS PAMILY 7 22 5 28 87 5 24 RR 5 28 48 5 25 39 8 33 35 FAMLY TIES S WCYB 05 N MR SELVDAE-S 8 23 5 24 72 5 25 20 4 22 32 4 19 28 8 29 32 TNAGE TURTLS NEMT+ 39 F TALE SPIN 3 10 I 3 23 I 4 15 1 4 15 I 4 8 I 2 NNSNTCH I ED NKPT+ 19 A PEOPLES CRT 3 9 1 7 44 1 4 11 1 8 22 1 8 33 2 6 22

CHRLSTN HNTNGTON IOS/8 M F 8:30P& 39T/C WVAH 11 F 3 8 117 89 2 7 67 4 15 38 3 11 53 3 9 41 I 3 12 TSA(000) 22. 15 8 12 9 3 ALP 8 2 5 I 4 56 2 8 31 2 6 44 1 5 31 1 2 13 NBC NGHT NWS& 03 N NSAZ NWS BP& 18 38 14 41 87 12 43 25 12 41 45 12 39 41 18 40 36 ASC WRLD NWS& 08 A NEWSS AT SI& 7 17 6 19 88 3 12 14 5 17 40 6 19 42 9 22 42 CBS EVE NEWS& 13 C ACTION NWS & 5 IR 4 12 83 2 6 10 2 8 27 3 10 33 7 17 50

CHRLSTN-HNTNGTON 108/8 AVG 6:30P& 43T/C WVAH 11 F 4 9 124 100 3 8 68 5 18 40 3 12 55 3 10 41 1 3 12 TSA(000) 23 16 9 13 10 3 VAR (OUS 3 6 1 4 59 3 10 35 2 7 47 2 6~ 35 1 2 12 VAR I OUS VAR IOUS 15 36 13 39 86 11 40 25 11 39 45 11 38 41 16 39 35 VARIOUS VAR I OUS 7 18 6 18 87 3 11 15 4 16 41 5 18 44 9 21 44 VARIOUS VAA I OUS 5 11 4 12 85 1 6 11 2 8 26 3 9 33 7 17 52

CHARLOTTE 278/8 M-F 5:OOP 19T/C 15 39 517 433 11 41 77 11 46 25 11 45 47 11 46 43 34 23 TSA(000) 119 92 30 57 51 28 OPRAH WINFRY 13 40 11 47 92 12 56 33 11 51 58 12 52 64 11 38 27 LIVE AT 5 WSTV 03 C KATE ALLIE-8 8 19 7 25 91 3 12 12 5 18 39 5 19 35 13 34 47 PEOPLES CRT WCNC+ 36 N GRNNG PAIN-8 4 11 3 12 74 2 7 14 2 10 37 2 10 3120'25 15 34 TNAGE TURTLS NJZY+ 46 I TINY TOON AV 3 9 1 3 37 1 6 13 1 4 23 I 4 1 3 13

CHARLOTTE 278/8 AVG 5:OOP 22T/C 14 37 479 411 10 40 77 10 45 25 10 43 46 10 43 42 11 34 24 TSA(000) 110 85 28 51 47 27 / OPRAH W I NFR& 12 36 10 44 90 11 52 32 10 47 57 ID, 47 53 10 38 26 LIVE AT 5 'NBTV 03 C KATE ALLIS-& 8 20 7 24 84 3 12 '2 4 18 35 5 IQ 34. (12 34 43 EOPLES CAT & NONCE, 36 N GRWNG PAIN-& 4 12 3 IR 71 2 8 15 2 10 35. 2 9 29 5 15 32 RAGE TURTLS& WJZYN 45 I TINY TOON A& 3 9 I 4 39 I 5 14 I 4 25 I 4 25 I 3 li I

PAGE IQI ADI Program Totals

(CONTINUEDI ANDY GRIFFITH SHOW ED PROGRAM A HALTS I S 8 YND I CAT

ADI LEAD OUT LEAD OUT ADI TV HH 1 CHILDREN 2-11 CHILDREN 8-11 PROGRAM TITLE O SINI VPHH RTO 8ISI VPHH RTO SIQI VPHH RTO SHR VPHH RTG SHR VPHH RTO SIQI VPHH RTO SIQI VPHH RTG SIQI VPHH RTO U ATO SIN 0 tCI

THE 27 CD 20 37 I 17 9 I 21 17 I 24 17 3 20 20 3 JUDGE 5 TIN DPHNE SH 14 11 35 4 4 7 15 8 15 2 15 19 I 9 8 3

I 51 6 15 I 10 40 I 10 37 2 9 I 15 16 8 17 5 4 0 5 I 4 4 I 2 2 8 60 I 11 20 I 15 50 I 12 40 2 I 19 20 5 10 4 VARIOUS I 5 31 48 2 35 15 2 31 23 I 25 19 5 34 23 I 22 6 I 13 8 I 12 2 VARIOUS 6 30 15 37 I 11 10 I 14 17 I 16 17 2 18 20 3 VARIOUS 5 24 12 40 8 8 9 20 I 11 20 2 16 20 I 8 8 VARIOUS 3 14

15 39 2 24 20 2 20 28 2 23 27 I 10 10 I 27 7 I 22 11 I 38 6 6 6 2 2 3 2 9 5 13' I 11 40 2 21 20 I 16 30 I 16 25 I 6 10 2 31 10 I 14 10 I 24 5 A GRIFFITH 2 3 29 38 I 16 7 2 22 18 2 24 16 6 41 20 6 2 I 17 4 24 2 LOVING 32 17 21 2 19 10 2 22 17 I 16 10 I 8 - 2 2 35 7 I 25 7 13 2 DAYS LIVES 5 21 8 23 I 11 15 I 7 15 I 11 15 I 6 8 8 6 8 7 AS NRLD TRNS 3 11

2 17 ¹S 3 27 24 3 22 36 3 24 35 2 10 10 2 27 9 3 37 20 3 52 14 I'2 6 9 9 3 2 5 4 9 37 17 21 I 13 26 I 13 26 I 5 11 2 Rl 11 I 13 11 I I'7 5 VARIOUS 3 12 2R 35 2 RR 12 3 25 23 2 22 19 3 16 9 2 3R 7 I Rl 7 I 14 2 VAR IOUS 6 23 21 39 I 11 '7 2 17 17 2 18 17 5 30 20 I 9 2 I 16 S I 19 2 VAR IOUS 7 28 2 14 50 2 16 19 2 14 31 R 16 31 2 12 13 I 8 6 6 6 5 VAR I OUS 3 12

NRI.D TONRROW SISLE SAY

31 5 S 5 19 4 13 3 11 I 6 4 7 R 5 3 3 I I I 23 I 9 2 14 3 9 I 9 Q I 5 VAR IOUS I 3 18 25 I 15 10 I 21 12 2 18 11 6 I 3 3 6 2 GERALDO 6 R5 19 29 9' 10 7 7 4 4 29 RR I 16 3 I I 3 I NHL FRTNE DY 5 21 I 11 22 8 4 5 4 5 4 2 17 16 I 38 9 TRLNIP CARD 2 10

6 RS 67 6 35 23 5 31 41 6 33 3S 7 23 21 4 16 11 2 10 12 2 8 6 IB~ e 11 10 6 3 3 2 4 23 57 2 16 13 4 25 35 4 27 30 5 21 22 3 10 9 I 4 9 2 5 9 EYNIT NN SPII 13 23 5 24 64 5 29 20 4 22 36 3 19 28 9 29 28 9 37 24 4 16 20 5 21 16 NWSCNTR 5-6 23 42 I 4 23 2 8 I 3 15 I 6 23 I 2 8 4 18 23 10 46 115 9 37 62 THE CHLLNGRS I 2 2 11 /8 2 2 9 33 2 11 33 5 15 33 I I PERSONALTIES 2 4

2 8 55 3 15 27 2 13 45 3 13 44 I 3 8 4 31 25 5 29 5¹ S 34 38 12 6 10 ID 2 e 12 8 I 4 38 I 6 19 I 6 31 I 5 25 I 2 6 3 24 25 4 24 63 3 27 3S NGHT COURT-8 5 11 9 36 51 7 38 15 6 31 23 6 30 21 16 41 24 2 17 3 2 15 7 2 15 3 WHEEL OF FOR 15 35 4 15 51 I 4 5 2 11 19 3 13 23 7 18 28 I 8 2 I 5 5 I 5 2 INSIDE EDITH 6 13 3 11 50 3 3 I 6 13 2 9 17 7 16 30 2 I 3 I CURRENT AFFR 6 13

2 9 57 3 18 29 3 15 46 3 15 45 I 4 9 4 32 24 5 30 53 6 36 35 13 7 11 10 2 6 12 8 I 5 41 I 9 24 I 7 35 I 6 29 I 3 6 3 26 24 4 26 59 4 30 35 HPY DAYS AGN 5 12 8 34 50 6 35 14 5 29 23 5 28 21 15 40 25 2 16 4 2 13 6 2 14 4 VARIOUS 14 34 3 14 51 I 4 5 2 IO 21 2 12 23 7 18 26 I 7 3 I 5 5 I 4 3 VARIOUS 5 13 3 11 48 2 4 6 15 2 8 19 6 16 33 2 4 I VARIOUS 5 13

10 48 62 11 65 25 10 55 42 9 52 36 11 36 16 5 20 6 5 28 13 6 29 9 74 30 50 43 19 8 16 11 5 41 37 4 37 10 4 39 22 4 38 18 7 44 12 5 20 10 3 17 9 4 21 8 COSSY SHON-8 15 36 21 4 18 47 I 7 . 6 2 13 18 3 15 20 10 29 27 2 2 2 2 2 2 CURRENT AFFR 9 2 10 43 2 3 3 6 I 6 14 6 18 26 2 7 9 I 5 9 2 3 FIRST NW 530 7 16 I 3 20 I 4 10 I 3 13 2 10 I 3 7 5 22 33 7 38 73 8 '38 53 ALF-8 3 4

9 43 62 10 57 24 9 49 41 9 45 35 11 34 16 4 19 6 5 28 13 6 29 9 68 27 46 39 18 7 15 10 5 33 37 4 29 11 4 31 23 4 30 20 6 36 12 5 21 11 3 17 10 4 22 8 COSSY SHOW-S 14 35 5 20 52 2 9 7 3. 15 21 3 17 22 11 30 28 I 4 3 2 I 2 CURRENT AFFR 9 23 2 11 50 I 4 6 I 5 15 I 7 21 5 18 26 2 8 9 I 5 6 2 3 FIRST NN 530 6 IS 3 25 I 4 11 ,I 3 14 I 3 11 I 3 7 4 20 32 7 37 71 7 36 50 ALF-8 2 8 NOVEMBER 1990 ADl Program Totals

ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

MARKET NAME ADI SIGN ON/BIGN OFF SHAAE CALL CH NO LEAD-IN PROGRAM DAY/TIME/TELECASTS TV HOUBEHOLDS WOMEN 18+ WOMEN 18-34 WOMEN 18-49 WOMEN 25-54 WOMEN 66+ TSA (000) LETTERS AFFIL TITLE RTG SHR SHR ATG SHR VPH RTG SHA PH RTG SIWI VPH RTG SHR VPH RTG SIWI PHH COMPETING PROGRAMS IDX IDX

CHATTANOOGA 198/S 14 74 2 7 11 9 36 3 12 41 7 19 33 M-F 5:OOP IST/C WDEF 12 C 5 13 172 144 4 22 16 2 8 9 7 TSA(000) 2 20 33 MAMAS FAMILY 4 14 3 14 73 2 12 20 11 33 11 33 6 21 35 49 10 40 49 15 43 35 WINFRY WTVC 09 A DONAHUE 13 34 11 39 91 6 28 OPRAH 38 31 31 49 5 22 34 7 19 20 COSBY SHOW-S WACS 03 N FAMLY TIES-S 10 25 7 24 69 9 2 2 13 1 3 13 1 TINY TOON AV WDSI+ 61 F PETER PN PRT 3 7 1 2 25

CHICAGO 13S/S 11 62 2 7 15 11 33 12 34 4 11 25 M-F 1:OOP 20T/C WGN 09 I 4 15 148 167 3 TSA(000) 155 96 24 52 53 39 MIDDAY NEWS 6 18 4 16 72 1 6 9 10 25 10 23 8 25 46 11 38 41 54 41 47 13 41 38 LIFE TO LIVE WLS 07 A ALL MY CHILD 11 35 10 41 9? 45 6 31 8 32 5 17 60 AS WRLD TRNS WBBM 02 C BOLD-BEAUTFL 3 10 3 12 102 1 3 10 2 17 2 17 1 6 CURRENT AFFA WFLD+ 32 F LOVE CNCTN 2 6 2 26 1 2 11

CINCINNATI 4S/S 2 24 10 47 9 45 1 3 13 M-F 5:OOP& 40T/C WSTA+ 64 I 3 7 86 78 2 6 61 9 TSA(000) 19 12 5 9 9 3 MERRIE MLDE& 2 6 1 4 44 1 6 19 7 31 7 31 1 2 6 22 26 30 34 19 44 58 NEWS & WCPO 09 C OPRAH WINFR& 11 27 10 35 93 3 16 9 CH9 5P 24 31 10 23 35 COSBY SHOW-8& WLWT 05 N HEAD OF CL-& 9 23 7 24 74 6 32 22 2? 36 15 28 19 36 10 23 48 5 OCLCK WRLD& WKRC 12 A PAEVIEW M F& 7 17 5 20 84 2 12 12

CLEVELAND 88/8 2 7 24 8 40 8 40 2 7 26 M-F 12:30P 20T/C WO I 0+ 19 F 8 79 89 2 7 69 TSA(000) 36 25 Q 15 15 9 1 GRAHAM KERR 4 2 40 2 15 2 30 2 20 10 46 8 30 36 YNG-RESTLESS WJW 08 C NWSCNTR 8-NN 27 7 30 92 6 26 28 30 50 32 49 4 14 25 LOVING NEWS 05 A EYEWITNSS 12 17 4 20 89 5 21 32 21 54 21 2 Q 4 13 2 8 21 PRIZE MOVIE WUAB+ 43 I PRIZE MOVIE 12 1 5 34 1 2 6

CLEVELAND 88/8 8 44 8 44 2 6 23 AVG 12(30P& 24T/C WO I 0+ 19 F 3 7 86 78 2 7 70 2 8 26 TSA(000) 39 27 10 17 17 9 11 GRAHAM KERR& 2 5 1 3 54 1 6 25 5 39 5 36 1 2 45 7 22 34 YNG-RESTLESS& WJW 08 C NWSCNTR 8-N& 7 21 6 23 90 5 23 27 25 49 25 44 25 38 LOVING WEWS 05 A VARIOUS 7 20 6 24 94 5 20 24 22 45 23 8 7 22 8 25 2 7 17 PRIZE MOVIE & WUAB+ 43 I PAIZE MOVIE& 5 14 2 7 43 2 7 13

COLO SPGS PUEBLO 248/8 4Q 28 42 SUN 8:OOA& 2T/C KRDO 13 A 17 69 189 2 22 91 2 20 28 18 4Q 23 3 TSA(000) 5 4 1 2 2 2 EMPHIS ARTS& 11 1 12 67 1 11 33 14 33 13 33 1 12 33 1 13 50 KKTV 11 C VARIOUS 6 1 10 50 4 50 8 50 VARIOUS 4 100 5 VARIOUS KOAA 05 N STORY BIBLE& 4 6 100 7 100 7 100 HOME AGAIN KXAM+ 21 F RL ESTE DGS&

COLUMBIA, SC 188/8 54 4 12 14 M-F 11:OOP 20T/C WLTX+ 19 C 8 20 259 222 6 20 86 9 30 51 25 69 6 22 TSA(000) 25 22 13 17 14 4 VARIOUS 10 20 9 22 93 10 25 43 24'1 70 8 21 50 8 20 23 18 33 11 38 35 22 63 37 11 OCLCK RPT W I 8 10 N VARIOUS 18 47 13 43 78 8 26 1 2 8 CHEERS-S WOLD+ 25 A VARIOUS 4 11 2 7 54 3 10 31 10 46 2 8 31 3 9 30 BST LV CNCTN BACH+ 57 F AASENIO HALL 3 9 3 11 100 4 14 50 12 70 3 11 50

COLUMBUS, GA 108/8 1 1 5 30 2 8 25 M-F 5:30P 19T/C WLTZ+ 38 N 3 7 100 78 2 5 55 1 2 10 4 23 TSA(000) 6 3 1 1 2 1 11 40 MAMAS FAMILY 3 7 2 7 80 1 4 20 1 5 40 2 7 40 3 16 49 15 51 23 COSBY SHOW-S WTVM 09 A WHO BOSS-S 19 48 16 55 86 23 62 42 17 57 58 58 25 2 6 25 I TINY TOON AV WXTX+ 54 F TNAGE TURTLS 4 10 1 4 25 2 5 13 2 5 2 7 3 11 33 THE CHLLNGRS WRBL 03 C 227-8 4 9 2 8 78 2 4 11 2 6 33 33

COLUMBUS, OH 88/9 1 7 M-F 5:30P 20T/C WTTE+ .28 F 2 5 69 56 1 4 51 2 7 27 1 6 42 1 5 35 1 TSA(000) 17 9 5 7 6 1 TNAGE TURTLS 4 11 1 3 19 1 6 15 1 4 19 1 4 15 1 54 10 40 48 11 30 29 OPRAH WINFRY WSYX 06 A OPAAH WINFRY 12 32 10 37 87 9 42 29 10 42 22 38 6 22 38 10 27 31 NATCH 4"530 WCMH 04 N COSBY SHOW-8 9 24 6 23 75 3 16 14 5 2 21 3 11 23 11 29 47 EYEWTNS 530P WBNB 10 C CUAAENT AFFR 7 18 5 17 75 2 9 12 9

COLUMBUS-TUPELO 228/8 21 38 5 22 34 7 23 29 M-F 4:OOP 18T/C WCB I 04 C 8 23 290 256 5 21 71 5 15 16 5 17 12 3 7 6 5 TSA(000) '13 15 25 TALE SPIN 3 14 2 13 50 2 12 13 . 2 12 25 1 5 3 11 11 52 46 15 54 38 OPRAH WINFRY WTVA 09 N ALF-9 14 39 13 52 96 15 53 38 48 50 1 29 1 4 14 4 )4 TNAGE TURTLS WVSB+ 27 A MEARIE MLDES 3 9 1 6 43 2 9 14 6

DALLAS"FT WORTH 58/8 1 29 1 2 8 I 3 9 93 100 1 5 42 2 11 26 8 33 7 M-F 12:OON 19T/C KTXA0 21 4 TSA(000) 49 21 13 17 14 1 7 F TROOP 2 6 1 14 1 3 1 7 1 7 24 23 39 5 26 40 8 20 31 NWB MIDDAY WFAA 08 A ALL MY CHILD 7 24 5 23 76 4 23 21 4 20 34 11 29 45 NEWS 4-12 KDFW 04 C YNG-RESTLESS 7 22 6 24 88 4 19 20 38 1 21 2 10 21 11 30 59 TX NW NN RP ,KXAS 05 N TRUMP CARO 5 18 4 18 82 7 9 9

PAGE 193 ARS~saeV Aol Program Totals

(CONTINUED) ANDY GR I FF I TH SHOW SYNDIC TED PROGRAM ANALYSIS

ADI LEAD OUT LEAD OUT ADI TV HH 2-1 CHILDREN 2-11 CHILDREN 8-11 N PROGRAM TITLE SHR '9 SHR VPHH RTQ SHR VPHH RTQ SHR VPHH RTQ SHR VPHH RTQ SHR VPHH RTQ SHR VPHH RTQ RTQ SHR VPHH RTQ SHR VPHH RTQ 0 tQ 18 27 17 65 3 18 16 3 19 47 3 19 44 5 18 17 2 8 10 3 12 29 5 3 6 Q 14 4 11 10 4 2 6 13 1 20 2 9 13 ALF-S 4 8 2 16 47 2 21 13 2 17 27 I 15 20 3 16 20 I 6 6 10 5 OPRAH WINFRY 13 30 6 31 42 5 28 12 5 30 26 5 29 23 9 30 14 4 15 7 2 8 7 3 6 23 17 LIVE AT 530 15 34 5 24 40 6 34 20 5 28 31 4 26 26 4 14 9 12 47 31 6 23 29 ' 7 HPY DAYS AGN 3 7 2 13 2 13 2 13 I 2 9 13 7 27 113 28 63 IH0 Q 2 2 20 50 1 12 11 2 21 32 3 26 32 2 15 14 1 6 5 I 8 77 18 50 51 22 8 4 DICK VN DYKE 4 14 3 29 59 1 14 9 2 23 26 2 26 25 8 37 32 1 1 LIFE TO LIVE 10 35 3 26 26 3 31 11 3 25 16 2 24 13 5 29 10 2 30 4 3 29 11 2 27 4 1 1 AS WALD TRNS 3 10 1 9 27 1 11 12 1 7 13 1 2 2 13 13 3 15 4 8 4 11 3 9 2 4 1 13 9 DRM JEANNIE I 5

2 10 84 3 20 39 3 16 63 3 15 58 2 5 19 1 7 11 1 3 9 1 3 7 16 8 12 11 4 2 2 1 A GRIFFITH 2 6 1 8 56 2 17 31 2 13 44 2 13 44 1 4 13 2 10 19 2 8 38 2 8 25 3 7 33 64 3 21 9 4 24 21 4 25 20 18 43 38 1 6 2 1 3 2 CH9 NEWS 12 27 5 20 46 3 23 14 3 20 22 3 18 18 9 21 23 4 23 11 3 14 14 3 14 9 NEWS 5 12 26 4 19 60 1 6 4 2 14 20 3 19 28 9 22 32 1 6 4 2 2 ERLY EYWTNS 9 19

1 5 23 6 7 3 7 1 6 12 1 13 9 1 9 14 1 14 6 9 3 3 5 3 5 3 1 10 1 1 2 10 6 5 2 5 2 I LOVE LUCY 2 7 2 21 23 1 17 4 1 22 11 1 21 10 4 21 11 1 18 2 1 7 3 1 14 2 YNG RESTLESS 7 25 1 10 21 5 3 1 7 7 1 9 8 2 12 12 5 1 1 6 4 7 1 AI.L MY CHILD 6 20 1 15 40 1 14 8 1 12 15 7 9 4 20 26 1 22 6 1 16 13 1 28 6 PRIZE MOVIE 3 ll

1 5 1 7 ll 4 15 1 4 15 1 5 10 1 9 8 1 6 15 1 8 7 12 5 6 6 4 3 6 3 ' 2 3 7 3 14 3 14 1 2 7 1 9 11 1 5 14 3 4 I I.OVE LUCY 3 2 13 1 12 6 1 13 12 1 13 11 3 15 11 1 10 3 1 10 7 1 17 5 YNG RESTLESS 7 22 2 15 1 8 4 1 10 11 2 12 13 5 21 19 1 9 3 1 9 6 1 12 4 ALL MY CHILD 7 19 54 2 20 15 2 23 33 2 18 28 4 16 19 2 21 7 le 17 2 27 11 PRIZE MOVIE 4 ll

31 1 19 31 1 16 31 1 10 22 2 1 2 2 1 4 33 6 33 5 33 6 KEN COPELANO 6 5 6 VARIOUS 1 13 8 100 7 100 4 100 1 9 100 VAR IOUS 1 8 KIDS MK GROE

4 16 55 5 24 29 4 17 42 4 15 35 5 13 12 5 32 14 1 20 6 1 19 3 14 7 11 9 3 4 2 1 5 16 50 5 16 20 5 17 40 6 17 37 S 13 10 6 25 17 2 19 10 3 18 7 'SANFORD-SON 7 30 13 49 86 7 33 15 9 40 35 12 44 38 25 65 28 3 20 3 I 13 2 1 13 2 TONIGHT SHOW 6 27 4 14 92 4 16 38 4 18 77 S 18 69 3 7 15 1 9 8 6 8 5 ASC NW NGTLN 3 13 1 4 40 1 4 10 1 5 30 1 5 30 1 4 10 1 8 10 1 16 10 1 11 10 HARD COPY 2 8

2 10 74 2 9 2.1 2 10 42 2 13 43 3 8 22 1 3 8 1 3 11 1 4 10 4 1 2 2 1 1 1 2 8 60 4 1 7 40 1 9 40 3 9 20 1 3 20 1 3 1 2 NEWSCENTER 3 5 12 52 56 7 46 19 10 56 37 10 54 28 17 51 19 18 49 21 13 46 35 16 49 26 WTVM NEWS 29 52 1 6 25 2 12 25 2 8 25 I 7 13 1 6 18 38 6 23 88 7 22 38 SMALL WONDER 4 7 NEWS 2 9 56 1 6 11 1 5 22 1 3 11 6 18 33 1 1 2 11 1 3 11 WRBL 8 15

1 4 41 1 9 25 1 5 33 1 5 27 1 2 6 1 6 11 3 17 56 3 14 32 7 4 6 5 1 2 10 6 1 4 19 1 10 15 1 7 19 1 5 11 5 17 26 14 51 144 16 49 93 STR TK NX PR 5 10 5 25 40 4 29 13 4 26 22 5 28 23 6 20 11 6 27 10 3 15 9 3 11 6 CHANNEL6 NWS 10 20 5 24 51 3 19 11 3 21 24 4 21 24 11 32 24 6 26 14 3 17 13 3 13 7 NIITCH 4 14 28 6 27 79 2 14 14 3 22 33 4 23 37 12 38 40 1 1 5 5 1 5 4 EYEWTNSS 6P 13 25

6 35 59 6 58 24 6 48 39 6 49 37 6 22 15 11 36 30 4 16 22 2 7 8 10 4 7 6 3 5 4 1 21 1 13 25 1 56 13 1 22 25 6 13 1 9 13 3 23 38 7 29 63 7 28 . 38 8 HILLBILLES 8 6 38 38 3 28 8 4 29 15 3 23 12 12 48 19 6 22 12 3 12 12 4 13 12 OPRAH WINFRY 15 43 1 4 1 5 29 1 6 1 4 14 1 6 29 1 5 14 2 8 29 4 15 43 6 19 29 QUIZ KIDS

46 2 19 26 2 17 40 I 12 23 1 3 5 2 25 21 13 20 12 3 11 24 6 10 5 17 6 17 1 3 7 3 3 GOWER PYLE 3 11 35 3 26 14 2 24 22 2 24 19 4 15 11 1 24 4 1 13 4 9 1 LOVING 5 18 3 20 40 1 11 7 1 12 13 1 11 10 9 29 26 1 13 2 1 12 4 17 2 SOLD BEAUTFL 6 20 3 23 54 1 12 8 .1 15 16 2 18 18 9 33 35 5 1 3 2 13 1 DAYS L I VES 4 13 194 ARSIrrLeV PAGE NOVEMBEA 1990 ADI Program Totals

SYNDICATED PAMRAM ANALYSIS ANDY GRIFFITH SHOW

MARKET NAME ADI ON/SION OFF SHARE lEAD-IN PAOGRAM 18-49 WOMEN 26-54 WOMEN 65+ IME/TELECASTS CALL CH NO TV HOUSEHOLDS WOMEN 18+ WOMEN 18-34 WOMEN LETTEAS AFFIL TITLE TSA (000) RTG SIBI RTG PH RTG SIBI PH RTG BHR VPH ATQ PH RTO SHR PHH IDX IDX COMPETINO PROGRAMS 11S/S DENVEP 7 31 2 6 13 3 9 86 100 7 54 2 7 22 8 39 M-F !2:OON& 26T/C KWGN 02 I 4 31 17 7 12 10 1 13 TSA&000) 1 7 22 7 35 7 30 7 VARIOUS 2 9 7 52 22 71 5 27 34 25 50 27 44 4 !7 18 KUSA 09 A VARIOUS 6 21 VARIOUS 75 3 19 24 18 35 17 27 7 33 35 KCNC 04 N VARIOUS 5 21 23 VAFI I CUS 18 86 2 14 26 16 46 18 43 4 18 29 VAR!QUS KMGH 07 C VARIOUS 3 14

DETROIT 12S/S 4 41 2 7 20 5 25 5 26 1 4 12 M-F 1!OOP 19T/C WKBD» 50 F 3 9 110 100 66 27 13 17 17 8 TSA(000) 14 10 41 8 30 1 5 12 I LOVE LUCY 4 11 8 56 3 33 33 64 32 56 6 20 19 WXYZ 07 A LOVING 9 26 29 90 10 33 39 ALL QY CHILD 4 13 22 14 39 15 38 10 34 44 YNG-RESTLESS WJBK 02 C YNG-RESTLESS 6 19 20 88 15 85 4 13 29 13 47 11 '36 6 22 37 DAYS LIVES NDIV 04 N GENERATIONS 5 14

FLINT-SGN-BAY CY BS/8 2 39 7 61 7 51 1 3 M-F 9:OOA 20T/C WSMH» 66 F 5 52 56 5 66 9 7 5 3 4 4 TSA(000) 29 1 MUPPET BAB-S 12 6 36 2 15 21 9 29 8 34 29 32 50 33 45 7 30 24 REGIS KATHIE WNEll 05 N TODAY SHOW 30 31 76 6 28 85 5 29 29 31 56 32 53 5 23 26 SALLY J RPHL WJRT 12 A GO MORN AMER 24 117 1 4 33 4 50 5 50 3 12 67 JOAN AIVERS WEYI» 25 C CBS THIS MAN 5 7

FLINT-SGN-BAY CY 88/8 1 8 39 7 61 6 50 1 2 AVG 9!OOA& 31T/C WSMH» 66 F 5 41 56 4 65 6 4 2 3 3 TSA(000) 6 30 1 VARIOUS 8 4 40 1 9 20 6 30 28 36 50 36 48 6 31 25 WNEM 05 N VARIOUS 32 34 78 6 38 VARIOUS 4 27 29 28 52 28 48 4 22 26 VARIOUS WJRT 12 A VARIOUS 23 26 81 1 4 20 4 40 4 40 2 10 60 VARIOUS NEVI ~ 25 C VARIOUS 4 6 100

FLORNCE-MRTL BCH 13S/S 15 4 25 41 4 20 75 3 19 59 SUN 11100P 4T/C NPOE» 15 A 3 12 110 133 3 88 6 5 3 5 4 TSA I 000) 24 71 4 14 24 ABC SN NT MV 8 16 7 19 106 10 27 53 9 21 82 9 108 41 12 12 62 54 12 62 46 8 47 54 EYE liEWS SUN& WBTW 13 C CBS SUN MOV 12 44 10 53 5 EANST ANGLEY WGSE» 43 I ERNST ANGLEY BS/8 MYERS-NAPLES 19 54 2 10 WFTX» F 10 52 111 10 75 3 22 41 24 64 F 'IO:OOA 20T/C 36 2 TSA(000) 4 3 2 3 ALLIE-8 8 6 75 1 9 25 19 50 15 50 KATE 26 38 26 50 2 16 38 WEVU» 26 A REGIS KATHIE 21 20 75 4 28 25 GEPJ(LDO 26 100 5 36 30 30 30 29 40 3 23 50 FAM I FEUD WINK 11 C JOKERS WILD 22 LY 16 2 5 17 4 17 3 26 67 LETS" MK DEAL WBBH» 20 N SALLY J RPHL 15 83

FT SMITH 21S/S 14 32 12 76 133 17 87 1 12 14 20 55 16 42 2 AVG 5:ODP& 9T/C KFSM 05 C 2 5 4 1 3 2 TSA(000) 17 29 2 16 43 VARIOUS 15 15 57 1 11 16 29 20 14 40 14 20 1 9 20 KHBSA 40 A VARIOUS 16 14 60 2 25 VAR I OUS 5 33 5 33 I 8 33 VARIOUS KPIMPS 24 N VARIOUS 8 6 67 VARICUS KPB I ~ 46 F VARIOUS

WAYNE 108/8 FT 17 28 13 39 8 24 1 3 !2 M-F 12:OON 20T/C WFFT» 55 F 11 79 122 7 52 2 9 5 2 3 2 I TSA&000) 4 25 5 25 1 5 25 THE JUDGE 5 5 75 2 45 83 3 30 13 39 30 39 30 15 51 52 NEWS 15 NOON WANE» 15 C PACE IS RGT2 40 27 85 3 26 15 26 31 32 38 7 23 38 21ALV NN NWS WPTA» 21 A JOAN AIVERS 23 75 8 75 I 6 25 4 25 5 25 3 12 33 NEWS WKJG» 33 N MARSHA WRFLD 8

GRAD.APD-KAL-B C 9S/S 4 1 8 34 7 56 8 51 M-F )2:OON 19T/0 WXM I ~ 17 F 6 38 67 59 9 5 3 5 5 TSA(000) 11 46 12 38 2 10 )I ALL IN FAMLY 12 10 69 2 16 38 1 8 7 12 16 17 16 17 60 NOON WOTV 06 N JOKERS WILD 32 35 93 NEWS 8 91 4 27 28 28 50 26 34 6 23 4I NN13 WZZM 13 A HOME 2 24 25 EYWTHSS 23 97 7 48 67 36 80 27 47 2 7 !3 WHO SOBS-S WWMT 03 C PACE IS RGT2 20

GANSBR-W S-Hl PT 288/8 12 42 81 10 44 24 11 49 50 12 49 45 13 35 25 M-F 5!30P 18T/C WFMY 02 C 15 39 524 433 98 80 24 50 44 26 TSA(000) 51 42 43 8 26 Ii COSBY SHOW-S 13 36 36 75 10 46 29 10 44 14 13 4 16 33 20 37 13 35 WXII 12 N DONAHUE 8 20 25 89 3 DONAHUE 18 73 3 15 13 3 15 31 15 29 7 20 )&) HAAD COPY WGHP 08 A WGHP 1ST NNS 7 17 3 27 1 6 13 1 5 27 4 20 TINY TOON AV WNRN» 45 F TNAGE TURTLS 3 7

GANV-SPRTRG ASHE 108/8 15 29 14 52 12 43 1 2 9 -F 9:OOA& 40T/C '21 F 4 10 134 111 8 65 3 27 18 8 14 11 2 TSA(000) 10 30 9 25 I BENI TCHED 3 11 6 35 1 7 10 24 18 27 38 28 39 14 33»6 WSPA 07 C CBS THIS MR& 10 27 29 89 6 REGIS KATHIE& 13 22 31 25 39 13 31 WYFF 04 N TODAY SHOW & 10 26 28 88 1 19 INSTANT RECL& 85 5 23 22 18 35 18 35 11 25 ~ 6 DONAHUE WLGS 13 A GD MORN AME& .8 21 22

PAGE 195 AOf Ptogram Totals

ICONTINUEDI ANDY GAIFFI TH SHOW SYND hCATED PROGAAhk ANALYS hG

ADI LEAD OUT LEAD OUT ADI TV HH I. 2- HILDREN 8-11 MEN 18+ MEN 18- PROGRAM TITLE VPHH RTG SHR VPHH RTG 8161 VPHH RTG SIEI VPHH RTG SHR RTG SIKI VPHH RTG SISI VPHH RTG SIBI VPHH RTG SI% VPHH RTG SIWI tel 12 32 2 10 44 1 9 35 2 6 9 1 6 5 I 4 14 1 5 5 2 8 55 2 Fo 17 10 11 11 3 2 5 2 1 11 9 10 4 5 9 6 4 VARIOUS 3 14 1 13 48 1 17 30 1 14 39 1 12 30 3 1 10 2 VAAIOUS 4 17 2 13 32 2 13 13 2 12 19 2 13 18 4 18 13 5 2 I 12 8 1 1 7 1 17 2 VAAIOUS 3 12 2 20 44 1 13 11 2 16 24 1 17 20 5 31 20 24 5 14 2 VARIOUS 4 19 I 8 26 1 5 9 1 6 11 1 9 14 2 11 11 2 5 3 0 Ql

4 1 13 5 1 11 36 1 12 15 1 13 26 1 14 22 1 9 9 2 2 23 20 24 10 17 15 6 1 14 3 1 2 19 16 6 3 8 HILLBILLES 3 10 1 13 33 1 19 14 1 16 23 1 14 21 2 10 10 20 8 ALL MY CHILD 10 29 2 23 25 2 25 9 2 24 16 2 22 14 4 25 9 2 26 5 1 11 5 1 10 2 1 4 1 BOLO"BEAUTFL 5 16 1 13 19 1 8 4 1 11 10 1 13 10 2 15 7 7 2 3 2 2 1 DAYS LIVES 5 16 1 10 18 1 8 6 1 8 9 5 6 2 15 9 2 26 9 3

1 22 19 1 5 31 1 16 25 1 10 30 1 9 25 8 7 1 8 29 2 2 2 2 1 2 1 7 64 SHWCSE VALUE 1 2 1 5 14 1 .29 14 1 10 14 1 B. 14 1 1 33 14 8 43 114 57 4 42 40 3 42 14 3 40 19 3 42 21 7 48 19 5 4 2 5 AEGIS KATHIE 8 31 APHL 24 2 21 26 1 15 6 1 20 12 1 18 12 3 21 15 1 19 3 2 14 12 1 16 3 SALLY J 6 2 17 3 2 1 1 3 17 7 2 JOAN RIVERS 1 5

4 35 1 11 28 1 7 34 1 6 30 5 6 1 7 28 1 16 18 2 2 2 2 2 l. VAR I 1 4 3 20 1 10 20 1 5 20 1 4 10 1 1 14 10 5 37 110 5 48 60 OUS 4 39 48 3 39 15 3 38 28 4 40 28 6 44 18 1 17 3 1 11 8 1 22 3 VARIOUS 7 29 2 19 35 1 12 6 1 18 16 2 16 16 3 22 16 1 18 3 2 15 13 1 17 3 VAAIOUS 5 23 2 28 3 1 2 3 4 4 20 6 VARIOUS 5

2 11 55 3 17 33 2 12 40 3 16 46 2 7 9 12 3 16 3 3 2 2 3 1 GRAN BNDS SU 10 3 10 47 1 3 18 1 5 24 2 9 18 8 21 18 3 25 6 5 47 18 3 30 8 9 9 47 58 3 19 8 8 52 38 10 59 38 14 45 19 2 S4 4 4 84 4 ARSNO HL WKN 9 42 W V GRANT

7 19 1 58 16 1 34 16 1 27 16 1 5 7 1 20 7 1 1 1 1 4 1 22 18 15 8 HILLBILLES 1 10 GEAALDO 19 1 15 25 14 10 1 16 13 17 3 1„'1 30 18 10 8 2 25 30 1 45 1 10 10 WHL FRTNE DY 2 I ~ CNCNTRN 4 28 1'8 17 1 22 17 CLSC

2 12 73 1 6 9 1 12 32 2 15 33 2 9 30 2 26 13 2 42 38 4 60 36 4 1 2 2 2 1 2 2 I 4 19 2 13 71 1 10 14 1 12 29 2 15 29 3 15 43 2 28 14 1 22 14 2 32 14 VAR OUS 13 2 15 80 3 29 40 2 21 40 1 12 40 2 12 20 1 11 7 8 VARIOUS 2 2 10 1 9 67 1 5 1 5 33 1 9 33 2 14 33 2 38 33 VARIOUS VAR I OUS

1 12 63 2 23 35 1 19 45 1 13 34 2 8 18 19 2 1 18 25 1 35 7 6 3 4 3 2 2 1 PEOPLES CAT 4 21 1 8 50 8 25 6 25 7 25 1 9 25 4 37 43 2 27 9 2 29 13 2 30 13 11 43 28 10 8 YNG-RESTLESS 8 39

15 23 5 10 LOVING 2 II 3 23 46 '0 1 21 8 1 21 15 2 23 5 21 GENERATIONS 1 1 8 6 3 3 3 12 50

2 20 3 7 3 6 2 12 1 13 19 20 4 2 1 1 1 2 LEAVE BEAVER 2 9 1 18 62 2 31 31 24 38 4 8 1 13 23 1 19 15 19 HEADLINE NWS 4 21 4 41 53 1 18 7 28 12 1 28 9 12 54 40 5 2 24 4 IT 2 24 44 2 32 16 25 19 1 20 13 5 24 25 1 29 3 1 11 3 7 LOVING YNG-RESTLESS 7 35 1 13 23 2 30 13 1 26 20 1 20 10 1 5 7 1 45 3 2 45 23 1 35 3

9 44 55 8 53 19 9 49 35 11 52 40 9 31 11 10 39 16 10 37 22 9 35 13 55 19 35 40 12 16 22 13 6 34 39 6 52 15 6 43 26 7 44 28 5 19 9 15 80 28 8 32 25 8 31 18 NEWS 2 AT 6. 21 36 NEWSWATCH 12 15 28 3 16 43 1 9 9 2 12 20 3 13 22 7 23 20 1 6 4 1 2 2 1 NW 26 4 18 51 2 11 9 3 14 22 3 14 22 8 29 29 3 12 7 2 6 7 1 4 4 PDIINT EVE 15 ALF-8 2 1 3 20 7 13 1 5 20 1 3 13 5 21 40 9 34 120 8 32 60

2 9 51 3 18 27 3 15 46 3 14 41 1 2 4 2 15 10 4 2i 37 4 21 21 14 7 12 11 1 3 10 6 I LOVE LUCY 4 II 1 2 15 20 2 35 1 12 25 2 5 4 28 8 42 75 6 iS 50 9,40 li KATHIE 23 6 25 4 22 1R 5 25 31 S Ei 28 10 26 21 3 22 21 13 4 25 10 RES hS 9 7 28 3 18 10 5 22 30 5 25 31 13 34 28 2 13 2 13 7 2 li 4 TC TAC DOUGH 8 23 5 22 4 23 '18 4 19 31 4 19 27 10 28 29 1 7 1 8 5 3 2 DONAHUE 9 28 PAGE I IG 4 NOVEMBER 1990 ADl Program Totals

ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

MARKET NAME ADI GN ON/SIGH OFF SHARE CH NO LEAD-IN PROGRAM Y/TIME/TELECASTS CALL TV HOUSEHOLDS WOMEN 18+ WOMEN 18-34 WOMEN 1S-49 WOMEN 25-54 WOMEN 55+ TSA (000) LETTERS AFFIL TITLE RTG 8HR RTG ATG SHR VPHH RTG SHR PH RTG SHR VPHH ATG SHA VPHH RTG SHR PHH COMPETING PAOGAAMS IDX IDX RNV-SPATRG-ASHE --S/S I 1 80 I 80 M-F 4:30P 20T/C WNEG+ 32 I 1 3 11 80 TSA(000& I I 1 1 SPR MAAIO SR ALF-S WYFF 04 N COSBY SHOW-S 23 4 25 68 3 24 18 3 25 34 3 25 32 5 24 32 GANNG PAIN-S WLOS 13 A NHO BOSS-S 21 3 20 58 4 28 22 3 25 39 3 24 31 2 12 17 THE CHLLNGRS WSPA 07 C JOKERS WILD) 17 4 27 97 2 15 16 2 13 28 2 16 28 9 44 66

GREENWD-GRNVILLE 328/S M-F 9:30A& 34T/C WABG 06 A 19 159 211 4 20 78 2 12 20 3 17 41 3 18 38 4 24 29 TSA(000) 5 4 I 2 2 I WHT HPNG NO& 12 2 12 100 1 6 33 2 9 67 2 10 33 3 15 33 WHL FRTNE OY& WXVT+ 15 C FAMILY FEUD& 35 5 32 63 4 29 13 4 25 25 5 29 25 7 40 25

GREENWD-GRNVILLE 328/S AVG 9:30A& 35T/C WABG 06 A 19 162 211 4 21 79 2 12 19 3 17 40 3 18 36 5 26 31 TSA(000) 5 4 I 2 2 1 VARIOUS 12 2 12 100 1 6 33 2 9 67 2 10 33 3 15 33 VAAIOUS WXVT+ 15 C VARIOUS 35 5 32 71 4 29 14 4 25 29 5 29 29 7 40 29

HOUSTON 9S/S M-F 10:OOP& 20T/C KAIV+ 26 F 4 7 134 78 3 6 63 4 9 36 3 7 57 3 6 45 1 2 5 TSA(000) 58 37 21 33 26 3 VARIOUS 5 7 3 6 61 3 7 28 3 6 46 3 6 43 3 5 13 VARIOUS KIRK 13 A VARIOUS 16 27 11 26 70 9 25 24 11 25 47 12 26 45 12 27 17 VARIOUS KHOU 11 C VARIOUS 12 20 10 22 78 6 17 21 7 17 44 9 21 48 14 30 26 CH2NNS NTCST& KPRC 02 N VARIOUS 9 16 7 16 75 3 9 15 6 15 49 8 18 53 8 16 17 HTSVLLE-DCTR-FLO 218/8 M-F 4:30P 18T/C NHNT+ 19 C 21 241 233 5 22 68 5 29 25 4 24 40 4 21 32 6 19 25 TSA(000& 26 18 7 11 9 . 7 GAWNG PAIN-S 10 2 11 58 3 19 33 2 15 SD 2 12 33 1;5 8 DONAHUE RAFF+ 48 N OONAHUE 22 6 27 77 5 25 19 5 25 35 5 27 35 8 28 35 HARD COPY WAAY+ 31 A WHO BOSS-S 15 4 18 81 2 12 13 3 15 38 3 18 38 7 -22 38 PETEA PN PRT WZDX+ 54 F TALE SPIN 10 1 4 31 1 8 15 1 5 23 1 3 15 1 3 8

INDIANAPOLIS BS/8 M-F 12(OON 18T/C NX IN+ 59 F 7 55 78 1 5 66 2 15 50 1 10 57 1 9 47 1 6 TSA(000) 15 10 7 8 7 1 DICK VN DYKE 7 1 6 67 2 13 50 1 9 58 1 9 42 2 8 WS 8 12 NISH 08 C PRCE IS RGT2 34 7 35 91 4 28 20 4 28 34 4 26 29 14 41 51 6 NWS NOON WRTV 06 A HOME 2 21 4 22 98 3 19 23 3 18 37 3 23 42 8 24 53 NOON INDIANA WTHB 13 N MAASHA WRFLD 12 2 12 92 1 5 12 1 7 24 1 8 24 6 17 64

JACKSON, MS BS/8 M-F." 5:30P 20T/C WDBD+ 40 F 6 13 221 144 4 11 69 6 22 37 5 17 55 5 14 43 2 4 8 TSA(000) 19 13 7 11 8 2 8 HILLBILLES 4 9 2 7 67 4 14 42 3 10 50 2 8 33 1 2 8 CBS EVE:NEWS WJTV 12 C WJTV NEWS 5 14 28 12 32 87 6 20 17 8 24 36 9 27 38 19 41 43 NBC NGHT NNS WLBT 03 N SANFOAD-SON 13 25 8 21 68 7 25 20 7 23 39 7 21 34 9 20 24 ABC WRLD NWS RAPT+ 16 A FIRST NEWS 7 14 5 14 76 1 3 5 2 7 24 4 11 33 9 20 43

JOPLIN-PITTSBURG 248/8 M-F 4:30P 20T/C KODE 12 A 10 30 345 333 7 31 74 6 39 22 6 35 37 6 32 34 9 29 35 TSA(000) 18 14 4 7 6 7 FLINTSTONES 7 25 1 7 27 2 18 9 2 13 18 1 9 18 1 2 ORANG PAIN-S KSNF0 16 N OPRAH WINFRY 8 23 5 20 62 5 33 15 6 33 38 7 35 38 3 9 15 JEOPARDY 'KOAN 07 C THE CHLLNGRS 7 19 6 25 92 2 10 15 3 15 15 11 34 JOPLIN-PITTSBURG 248/8 AVG 4:30P& 24T/C KODE 12 A 30 310 333 6 31 74 6 41 23 5 35 36 5 32 33 8 29 35 TSA(000) 16 12 4 6 5 6 VARIOUS 24 1 8 30 2 18 10 2 13 20 1 9 20 1 3 VARIOUS KSNF0 16 N VARIOUS 23 4 20 64 4 31 18 5 31 36 6 33 45 3 9 )8 VARIOUS KOAN 07- C VARIOUS 20 5 25 83 1 2 10 17 3 15 17 9 33 67

KANSAS CITY 98/8 M-F 12:OON 20T/C KSHB+ 3 9 86 100 1 7 59 2 11 34 2 9 42 2 9 34 1 5 )6 TSA(000) 23 14 8 10 8 4 ONE DAY TME 1 4 3 50 1 5 25 1 4 38 3 25 2 13 NOON EDITION KCTV 05 C YNG-RESTLESS 8 31 7 34 92 3 13 1R 3 16 21 3 19 23 17 55 67 ALL MY CHILD KMBC 09 A LOVING 7 26 6 27 92 8 37 42 6 34 58 6 34 47 6 19 27 DAYS LIVES WDAF 04 N WOAF 4NW MID 4 17 4 16 87 4 19 36 4 20 56 3 19 46 4 12 23

KNOXVILLE 208/8 M-F 5(30P 20T/C NATE 06 A 12 29 421 322 9 29 76 11 46 31 10 38 52 10 35 47 8 19 20 TSA(000) 55 42 17 29 26 ll MAMAS FAMILY 11 30 8 32 79 6 34 21 7 35 44 8 34 42 10 28 31 JEOPARDY WBI A 10 N FAMLY FEUD-S 14 33 12 40 92 6 23 13 7 29 31 8 32 34 22 53 52 INSIDE EDITN WKXT 08 C THE CHLLNGRS 4 8 3 10 87 1 4 7 2 8 40 3 10 47 5 11 47 DUKE HAZAD-S WKCH+ 43 F DUKE HAZRD-S 3 7 1 3 31 1 3 8 1 3 15 1 2 8 1 3 15

PAGE 197 ADl Program Totals

&CONTINUED) ANDY GAIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

ADI LEAD OUT LEAD OUT ADI TV HH TEENS 12-17 CHILDREN 2-11 CHILDREN 8-11 MEN 18+ MEN 18-34 MEN 18-49 MEN 2&54 MEN 55+ PROGRAM TITLE

TG SHR VPHH RTG SHR VPHH RTG SHR VPHH RTG SHR VPHH RTQ SHA VPHH ATG SHR VPHH RTG SHR VPHH ATQ SHR YPHH RTG SHR 0 (C} 21 1 21

BONANZA 1 3 27 47 3 30 18 3 31 34 2 27 24 3 21 13 6 27 26 5 19 32 6 20 24 OPRAH WINFRY 12 36 2 22 39 3 32 19 2 24 25 I 19 14 3 19 14 6 27 28 4 15 25 5 17 19 HARD COPY 5 14 2 15 34 1 8 6 1 10 13 1 12 16 4 24 19 1 7 13 1 5 9 1 4 6 PEOPLES CRT 6 16 0 Q

1 11 26 1 11 ll 1 12 16 1 8 11 1 9 6 1 8 5 1 24 22 1 26 8 1 I 1 I 1 1 HOME 1 4 16 1 8 33 . 3 1 5 1 8 33 1 6 3 9 3 30 38 3 30 13 2 26 25 3 28 25 6 40 13 3 38 13 1 17 13 PRCE IS RGT1 9 41

1 12 26 1 11 11 1 11 16 1 8 10 2 11 7 I 12 8 1 24 21 1 25 8 1 1 1 1 1 8 33 3 1 5 1 8 33 1 7 3 1 10 VARIOUS 4 16 3 30 43 3 31 14 2 26 29 3 29 29 6 40 14 3 38 14 1 17 14 VARIOUS 9 40

2 5 49 2 6 25 2 5 39 2 5 37 1 2 5 1 5 4 1 11 9 1 10 5 29 15 23 22 3 2 6 3 2 5 49 1 3 12 2 4 30 2 5 33 4 6 13 1 6 7 2 9 14 2 9 10 VAAIOUS 5 10 13 29 77 10 26 27 12 27 54 13 29 53 16 32 17 4 22 5 2 28 6 3 29 4 VARIOUS 12 25 8 17 63 5 13 18 7 16 42 8 17 42 11 21 15 2 15 4 1 11 3 1 10 2 VAR IOUS 9 18 7 16 74 4 11 21 6 14 48 7 16 51 10 20 17 1 8 3 2 1 2 1 TONIGHT SHOW 5 10

5 27 53 5 39 20 4 29 32 4 27 28 7 25 18 4 18 14 2 8 12 3 11 10 14 5 9 7 5 4 3 3 1 11 33 2 21 25 1 13 25 1 9 17 1 7 8 4 16 33 1 17 1 17 5 OCLCK LIVE 7 16 4 25 50 3 29 15 4 28 35 4 26 27 6 22 15 1 6 4 1 4 1 2 4 JEOPARDY 9 21 2 12 44 1 12 13 2 14 31 2 13 25 3 10 13 2 6 2 6 1 3 6 31 NWS AT 5 j3 28 '5 1 3 15 3 8 3 8 1 5 8 1 6 15 12 44 131 11 41 69 BRADY BUNCH 10

1 9 49 2 26 35 1 18 43 1 20 44 2 5 9 11 7 5 6 7 1 2 1 9 58 1 27 50 1 19 50 1 23 42 1 8 1 11 25 I LOVE LUCY 2 7 3 29 33 1 16 4 1 19 11 1 22 11 9 37 22 1 9 3 28 1 YNG-RESTLESS 10 45 2 19 35 8 2 1 15 12 1 18 14 5 20 21 8 5 LOVING 3 15 1 15 48 4 4 4 4 5 8 5 22 40 13 GRAHAM KERR 2 7

3 9 42 5 19 25 4 14 34 3 11 22 2 3 5 3 14 13 9 39 62 9 34 37 '8 5 7 4 1 3 12 7 2 6 42 3 14 25 2 10 33 1 7 17 1 2 2 8 17 7 28 83 7 22 50 PAFCT STAG-8 4 7 7 22 47 4 16 11 5 19 21 5 21 19 13 26 23 4 20 9 2 9 6 3 11 4 NWCNTR 12-6 16 26 10 32. 76 8 35 24 9 35 44 8 33 37 16 31 32 2 11 5 2 11 7 2 8 5 6 OCLOCK RPT 22 35 5 15 67 1 6 10 2 7 14 3 11 24 12 22 38 1 7 5 1 1 2 WHEEL OF FOR 11 17

5 30 47 4 29 15 4 30 24 3 25 21 8 33 21 8 28 15 14 40 45 13 37 26 9 3 4 4 4 3 8 5 2 14 18 2 24 9 2 21 18 1 15 9 1 8 11 50 36 20 57 100 17 54 55 5P KODE NEWS 9 19 3 21 38 4 35 23 3 25 23 3 29 15 3 14 15 15 50 38 8 20 31 10 25 23 CHEEAS-8 13 28 4 28 69 2 8 3 23 23 3 30 23 8 32 38 1 KOAM NW AT 5 12 26

5 30 48 4 28 16 4 31 26 3 29 24 7 31 20 8 31 16 12 39 44 11 36 25 8 3 4 4 3 3 7 4 1 14 20 2 22 10 2 20 10 1 15 10 1 9 9 48 30 17 55 90 14 50 50 VARIOUS 8 19 3 20 45 4 35 18 3 24 27 3 27 18 3 14 18 12 48 36 6 20 27 8 24 27 VARIOUS 11 27 4 28 67 1 6 8 3 23 25 3 30 25 7 32 42 1 VARIOUS 11 26

1 14 56 1 15 21 Pl 42 2 23 44 1 5 8 1 18 5 1 16 13 6 1 13 5 10 10 2 1 .3 7 38 1 14 25 l. 13 38 1 12 25 2 11 13 1 17 25 12 8 HILLBILLES 2 9 3 36 36 1 16 5 1 18 8 2 23 9 9 51 26 10 2 3 BOLO-BEAUTFL 5 22 2 19 25 2 24 8 1 19 12 1 18 12 3 17 10 1 16 3 1 8 3 7 ALL MY CHILD 7 29 1 9 21 1 17 10 1 12 10 1 11 13 2 8 8 2 43 8 1 17 10 1 35 5 DAYS LIVES 4 19

8 32 56 7 39 21 7 37 36 7 38'4 10 25 17 7 30 12 5 22 19 6 23 14 31 12 20 19 10 7 11 8 6 29 46 5 29 17 5 31 27 5 35 25 8 25 17 8 38 17 5 20 17 6 23 13 EYWTNS NWS 6 15 28 9 40 62 5 27 13 6 33 " 26 6 33 23 19 48 34 4 16 8 2 9 7 3 10 5 ACTA NWS 6PM 26 46 2 7 40 1 5 7 1 6 20 1 7 20 3 8 20 2 7 7 1 NEWS 8 6PM 4 8 1 5 54 2 8 23 1 6 31 1 6 31 2 5 15 4 17 23 5 20 62 6 21 46 CHARLES N MF 3 5

ARSIYRIQW PAGE I98 N(tVEMBEN IQQO) G. 'c

T)f'HDIF SYNDfCATED PROGRAM- ANA1.YS)$ ) ANXF BI(I FWI leARNET NARK ADI WON ON/SIGN OFF SHARE PROGRAM Y/TIME/TELECASTS CALL CH NO LEARN WOMEN 18+ WOMEN 18-34 WOMEN 1~9 WOMEN 85+ TBA (000) LETTERS AFFIL TITLE RTG SIWI RW SHR RTO 8)6( PH RTG SIEI PH RTQ 8)BI VPH RTG PH RTO PHH COlePETING PROGRAMS IDX IDX

LAREDO 18S/S 1 20 55 23 M-F 4:30P 20T/C KGNS 08 N 1 2 31 22 1 3 89 10 TSA(000) FLINTSTONES 2 4 2 1 2 3 3 16 GOOD TIMES KVTV 13 C TNAGE TURTLS 7 17 3 11 33 3 9 12 33 33 28 200 21 100 OCURR(0 AS) KLDO" 27 ) FERIA ALGRIA 3 9 4 18 200 6 26 100

LAREDO 18S/S 23 AVG 4:30P& 22T/C KGNS 08 N 1 2 28 22 1 3 88 1 9 20 55 TSA(000) VARIOUS 2 4 2 1 2 3 3 VARIOUS KVTV 13 C VAR(OUS 7 17 2 11 33 3 9 12 33 15 33 VARIOUS KLDO» 27 ) VAR(OUS 3 9 3 17 200 5 25 100 27 100 20 100

LAS VEGAS 5S/S M-F 1:OOA 16T/C KRLR» 21 ( 1 15 31 167 11 41 1 20 37 12 37 12 27 TSA(000) 3 1 1 1 1 HAZEL 1 12 1 13 67 2 24 67 15 67 19 67 6 LETTERMAN KVBC 03 N LETTERMAN 2 25 1 22 40 1 20 20 18 20 13 20 45 20 CBS LT NT 1 KLAS 08 C CBS LT NT 1 1 15 1 17 67 1 19 33 19 67 16 33 7 MVS TIL DAWN KVVU 05 F NEW T ZONE 1 15 1 21 67 1 24 33 21 67 23 33 16

LEX I NGTON 258/8 M-F 5:OOP& 20T/0 WKYT» 27 C 10 29 352 322 8 34 84 8 40 29 9 44 57 41 8 24 TSA(000) 39 33 12 23 18 9 OPRAH W INFR& 11 39 10 49 93 8 49 26 9 49 50 47 45 14 50 36 NEWS 36 AT 5& WTVO» 36 A JOKERS WILD& 7 19 5 20 74 1 5 4 2 9 22 15 30 11 33 44 INSIDE EDITN& WLEX» 18 N LITTLE HOUS& 5 15 4 15 70 2 10 15 2 12 25 14 30 6 19 40 TINY TOON AV& WDKY» 56 F PETER PN PR& 2 7 2 . 20 1 3 10 1 3 10 2 10 1

LEXINGTON 28/8 M-F 7:30P 19T/C WYMT» 57 C 1 2 28 22 1 2 75 1 2 33 2 50 2 53 1 2 .16 TSA(000) 14 11 5 7 8 1- COSBY SHOW-S 1 2 1 3 83 2 6 33 5 56 5 58 1 17 JEOPARDY WKYT» 27 C WHEEL OF FOR 12 23 9 23 81 6 17 19 18. 36 20 34 16 85 43 FAMLY FEUD-S WTVG» 35 A CURRENT AFFR 12 23 11 26 90 8 21 22 22 43 25 45 15 29 37 AMEN-S WLEX» 18 N COSBY SHOW-8 6 11 5 12 91 5 15 36 14 59 11 41 5 27

LOS ANGELES 88/8 F 10)DOA& 41T/C KTTV 11 F 2 7 59 78 1 4 40 1 4 1 5 31 1 6 30 2 TSA (000) ge 38 15' 30 29 7 '7 VARIOUS 2 8 1 8 5S 8 26 6 41 1 33 3 13 VAR) OUS KABL 07 A VARIOUS 3 13 2 14 79 2 11 23 2 13 43 2 15 45 14 32 VAR I OUS KCBS! 02 C VAR)OUS 3 13 3 15 87 2 11 24 2 10 33 2 10 31 22 49 VARIOUS KNSC 04 N VARIOUS 3 11 2 11 79 3 6 1 5 19 1 8 27 18 49

LOUISVILLE 218/8 M-F 4:30P 20T/C WHAS 11 A 7 22 255 244 4 19 57 3 18 16 4 20 33 4 21 32 5 19 20 T9A(000) 41 24 7 14 13 9 GRWNG PAIN-S 5 18 3 18 83 3 21 23 20'1 40 3 20 37 4 17 23 OPRAH WINFRY WLKY» 32 C OPRAH WINFRY 8 26 8 32 94 4 24 16 38 7 34 42 12 45 48 TINY TOON AV WDRB» 41 F CHIP N DALE 5 16 1 4 18 2 14 18 8 18 1 7 18 GOLDN G(RL-8 WAVE 03 N WHO BOSS-S 5 15 4 18 79 4 21 25 18 43 3 17 36 18 32

MACON 448/8 M-F 5:OOP& 35T/C WMAZ 13 C 10 37 359 411 9 41 89 6 34 22 7 36 45 7 39 46 12 46 34 TSA(000) 22 20 5 10 10 8 VAR I OUB 21 58 19 67 98 14 64 26 16 66 55 17 67 52 24 68 36 VAR I OUS WGXA» 24 A VARIOUS 8 26 6 26 80 6 33 33 6 31 53 6 31 47 5 19 20 VARIOUS WMGT» 41 N VAR)OUS 3 11 2 8 60 2 1 3 20 1 4 20 4 16 40

MADISON 9S/8 M-F 1:30P 20T/C WMSN» 47 F 1 7 48 78 1 6 67 1 4 20 7 46 7 37 1 5 21 TSA(000) 4 3 1 2 2 1 I LOVE LUCY 2 9 2 10 83 2 14 50 13 87 7 33 1 6 17 AS WRLD TRNS W)SC 03' AS WRLD TRNS 6 30 6 34 100 6 35 37 28 47 21 32 10 43 42 LIFE TO LIVE WKOW» 27 A. LIFE TO LIVE 5 24 4 20 71 4 23 35 29 65 33 53 1 6 6 ANOTHER WRLD WMTV» 15 N:: ANOTHER WRLD 2 11 2 13 100 3 18 57 16 71 15 43 2 9 14

MEMPHIS 258/8 M-F 3:OOP 17T/C WREG 03 C 4 11 128 122 2 9 66 2 7 16 6 26 6 22 4 15 37 TSA(000) 25 17 4 7 6 9 GUIDING LGHT 7 25 6 30. 93 4 20 24 25 46 27 43 Q 40 41 44 OPRAH W)NFRY WMC 05 N GENERAT)ONS 12 36 10 40 90 7 26 21 32 42 32 36 18 57 14 ALL MY CHILD WHBQ 13 A GEN HOSPITAL 9 26 8 31 93 12 46 48 39 71 36 55 4 13 'GUMI BEARS WLMTA 30 I REAL GHSTBST 2 5 1 20 1 3 20 2 20 3 20

(LWAUKEE 78/9 46 M-F 12:30P 18T/C WCGV» 24 F 1 6 48 67 1 4 62 1 3 2 16 2 11 2 7 TSA(000) 12 7 1 2 1 5 MAMAS FAMILY 1 2 2 80 1 2 2 40 1 2 40 AYS'(VES WTMJ 04 N DAYS LIVES 9 35 9 39 97 12 61 46 10 55 68 7 '7 46 7 21 25 LD-BEAUTFL WIT) 4)6 C NEWS AT NOON 5 1Q 5 22 103 2 11 13 2 10 24 3 16 29 : 11 32 68 E 2 WISH, 12 A CH12 NWS NN 2 9 2 1D 94 1 6 1 4 17 1 6 22 15 67

PAGE 1QQ AfMW%'W ADI Program Totals RUED ) ( CONT I ANDY GRIFFITH BHOW YNDICATED PROGRAM ANALYSIS

ADI LEAD OUT LEAD OUT ADI TY HH MEN 55+ TEENS 12-17 CHILDREN 2-11 CHILDREN 8-11 EN 18+ MEN 18-34 MEN 18-4$ MEN 25-54 PROGRAM TITLE O SIEI RTG SIEI VPHH RTG Slil VPHH RTG SHR VPHH RTG SHR VPHH RTG SIN VPHH RTG: SIII VPHH RTG SIEI VPHH RTG SISI VPHH 0 Cl 32 I 7 77 I 4 24 I 5 47 I 2 52 I 2 42 102 1 Ql 2 4 10 100 3 7 PRO 8 NW ESP 7 17 I I 3 I 10 25 67 WHO BOSS-S 6 14 4 22 33 3 19 33 3 25 33 3 10 2 6 10 26 100 18 33 2 6 AMAR SALVAJE 2 6 13 100 2 16 3 24 100 2 17 100 3 15 I 3 0

2 52 I 2 42 102 I 32 I 6 76 I 4 24 I 4 46 I 3 7 VARIOUS 7 16 I I 3 I 3 4 10 100 10 25 67 VARIOUS 6 15 18 33 4 23 33 3 19 33 3 25 33 2 10 2 6 9 26 100 2 6 VARIOUS 2 6 13 100 2 15 3 22 100 2 16 100 I 3 15 4

13 53 I 18 36 I 16 53 10 24 I 2 1 2 KNOWS I 17 5 2 4 33 5 FATHER 3 33 LATR 8 COSTA I 13 19 40 I 12 20 I 18 40 I 28 40 9 CBS LT NT 2 I 14 17 67 1 11 I 15 67 12 33 I 30 33 30 MVS TIL DAWN I 23 18 67 I 18 33 1 19 67 I 20 67 I 18 33 75

6 28 56 5 26 18 5 29 35 5 29 31 8 28 19 3 18 5 5 15 17 2 6 14 12 7 2 7 2 22 7 IRST-E 40 4 30 14 4 33 24 4 35 21 7 42 14 4 23 7 3 11 12 I 27 NWF 16 36 38 CHLLNGRS 4 11 22 67 I 7 7 2 11 22 3 18 26 11 35 37 2 15 7 I 4 1 2 4 THE

I 5 18 NW LV 7 16 14 50 2 10 10 2 12 25 2 14 25 6 18 25 1 9 5 I 3 10 5 530'NAGE 70 TURTLS 3 7 I 10 1 10 2 10 3 10 2 16 20 8 26 130 7 27

1 2 16 1 2 75 1 2 26 1 2 41 I 3 41 1 2 23 1 1S I 25 11 4 6 6 3 2 4 2 1 17 1 2 17 I 3 8 VARIOUS 1 1 1 3 67 1 3 25 1 3 42 I 4 42 1 2 17 3 9:- 7 22 21 7 20 36 7 21 32 15 30 30 3 10 4 4 11 13 1 4 4 VARIOUS 15 9 23 68 14 23 7 19 59 5 16 14 5 15 29 5 15 24 13 24 27 7 28 14 5 14 16 6 18 12 VARIOUS 16 . 25 4 11 64 3 10 23 3 9 32 3 8 27 7 14 27 3 10 9 8 23 50 8 24 32 VARIOUS

1 6 35 I 13 26 1 10 31 I 10 29 1 3 1 5 9 8 34 25 30 28 3 1 9 4 14 10 VARIOUS 2 7 1 7 35 1 12 22 1 9 29 I 8 22 1 3 6 I 10 5 1 8 1 1 2 4 VARIOUS 3 13 1 5 17 2 2 4 7 4 7 1 8 10 2 10 1 12 VARIOUS 4 15 1 10 33 5 7.' 1 7 12 1 7 12 3 18 21 7 3 1 8 1 2 VAR I OUS 2 9 1 8 31 6 8 5 11 6 11 2 11 14 5 2 1

5 33 67 4 26 20 4 29 34 4 35 33 9 35 25 2 12 7 2 5 9 2 6 8 14 14 11 3 3 28 SHOW-S 12 32 27 53 4 29 27 3 29 37 3 30 27 4 23 17 4 18 17 2 9 20 3 13 20 COSBY 4 2 4 32NW 5CLK RP 14 17 26 1 9 4 2 14 12 2 17 10 5 22 12 3 15 8 I 3 5 TURTLS 4 11 10 35 3 22 29 2 17 35 I 11 15 8 35 26 18 59 132 17 61 79 TNAGE NEWS 10 26 14 39 2 17 18 2 16 25 2 19 21 2 11 14 3 16 14 1 5 11 1 4 7 FIRST

5 32 47 4 30 14 4 30 30 4 34 29 5 25 9 4 25 21 5 30 19 4 29 7 6 2 5 4 3 10 3 11 42 9 47 40 4 25 7 6 35 19 8 51 24 14 55 14 6 37 14 3 18 7 3 20 5 VARIOUS VAR 6 23 3 20 40 2 18 13 3 20 27 3 28 27 4 18 13 7 41 33 5 33 33 5 30 20 IOUS 2 VARIOUS 2 2 14 60 3 1 6 20 I 9 20 5 27 40 2 2

17 25 5 11 50 I 11 22 1 16 46 I 14 34 2 4 10 3 I 51 2 I 2 I I LEAVE BEAVER I 6 12 33 5 17 1 15 33 I 19 33 I 8 17 15 11 23 GUIDING LGHT 5 28 24 21 1 14 5 1 15 11 1 22 11 4 39 16 GEN HOSPITAL 4 26 17 24 2 22 18 1 19 18 2 25 18 I 11 6 2 61 12 8 12 16 SANTA BARBRA 2 9 7 14 6 14 5 14 4 14 1 10 14 6 12

2 12 17 2 16 12 2 14 45 1 10 12 1 13 25 I 16 20 3 17 20 2 11 11 6 5 5 3 5 3 12 3 3 9 2 21 15 I 24 11 6 36 17 2 1 9 4 I 16 4 THE JEFERSNS 3 26 33 2 19 9 12 36 37 36 5 38 14 4 33 18 3 28 12 9 43 17 5 27 9 4 3 I 6 1 OPRAH WINFRY 5 ALL NY CHILD 9 26 2 17 24 3 23 12 3 24 19 2 22 14 2 8 5 5 30 14 2 17 10 2 16 5 50 DUCK TALES 2 5 I 10 1 I 10 I 10 2 11 30 3 23 80 3 26

7 11 55 1 14 23 1 16 44 I 19 39 I 5 10 9 5 3 7 3 5 5 I I 1 HEAVEN 2 9 2 40 3 20 3 20 3 20 I 2 20 2 4 HWY ANOTHER WRLD 5 20 20 17 3 38 10 2 30 13 I 14 4 1 8 3 2 39 4 1 9 3 1 29 2 2 AS NlLD TRNS 6 23 18 26 1 14 8 /'1 9 8 I 17 11 3 25 16 10 3 LIFE TO LIVE 4 18 10 33 4 6 5 6 5 6 2 17 22 2 1 4

ARR~Saali PAGE If()~ TQDe-

QYND fCATED')f(DORAM 'NAL YS I 6 . BfffFFTTH4 SH(Nf

MANNET TIAME ADI Oll/SION OFF SHARE CH NO LIAISON PROGRAM WOMEN 1&49 WOMEN WOMEN 55+ Y/Yl ME/TE LECASTS CALL TV HOUSEHOLDS WOMEN 18+ WOMEN 18-34 ~ TBA (680f LETTERS AFFIL TITLE RTG B)6( VPH ATG PHH RTG SHA ATO FH RTG 8)8l (OX IDX COMPETING PROGRAMS ILWAUKEE 78/S 7 48 78 7 73 5 19 6 32 6 26 8 40 AVG 12:30P& 32T/C WCGV+ 24 F 12 9 2 4 3 5 TSA(000) 13 4 38 4 25 4 38 VARIOUS 4 4 63 3 31 91 45 43 42 64 35 43 18 23 WTMJ 04 N VARIOUS 25 VARIOUS 21 84 11 13 10 23 14 23 30 55 WITI 06 C VARIOUS 18 VARIOUS 10 62 4 10 7 24 7 19 13 38 VARIOUS WISN 12 A VARIOUS 12 88/S OBILE-.PENSACOLA 1 32 2 16 + 2 24 22 2 61 2 32 2 40 M-F 12:30P& 34T/C WPM I 16 F 3 2 1 1 1 1 TSA(000) 2 50 1 VARIOUS 2 1 100 1 50 2 50 26 29 27 51 30 49 11 42 34 BOLD-BEAUTFL& WKRG 05 C NN NW CNTR & 29 32 93 28 81 32 33 32 61 35 56 4 16 17 MY CHILD& WEAA 03 A ALL MY CHIL& 28 ALL 92 23 38 23 62 20 50 5 19 27 DAYS LIVES BALA 10 N DAYS LIVES 19 21 118/8 ONROE-EL DORADO 13 55 20 65 M-F 9:OOA ROT/C KARD+ 14 A 9 72 100 7 72 10 25 4 3 1 I 3 TSA(000) 12 50 AMER 2 11 15 100 14 25 18 50 20 50 3 GD MOAN 29 20 33 24 18 63 67 KNOE 08 C CBS THIS MAN 10 4R 47 95 20 10 DONAHUE 18 18 15 27 18 27 5 18 55 PEOPLES CRT KTVE 10 N TODAY SHOW 4 16 18 91

MONTGOMEAY"SELMA 218/8 22 6 43 34 50 57 M F 11;OOP 10T/C WAKA 08 C Ri'55 267 65 il 12 8 5 7 TSA(000) 43 18 19

CHEERS S 26 R5 81 10 SS 38 31 57

10 33 40 56 40 WSFA 12 N TONIGHT SHOW 'R4 34 87 R 1R 13 TONIGHT SHDIf 'GHT 12 50 I 15 33 14 50 33 0 17 COURT"S. . WCOV+ 20 F ARSENIO HALL 14 1 ll 50 INTO THE NGT& WHOA+ 32 A ABC NW NGTL& 4 4 50 I 218/8 MONTGOMERY"SELMA 4 28 1»5 11(OOP&. 23T/C RO 15Q RRI 18 86 36 38 AVG 8 5 6 .yl TSA(000) 12 4 815 CHEERS S R3 22 7Q 33 37 5 IF 22 30 4 20 10 "61. 50 TONIGHT SHOW& WSFA 12 N TONIGHT SHO& IS 30 00 14 10 ' ~ 1R - 1 8 1 14 NGHT COURT 8& 'COV+ RO P ARSENIC HAL& 1R 0 43 14 29 100 3 1 1 8 50 VAR I OUS WHOA+ 3R A VARIOUS 4

HVILLE 88/8 21 33 4 1I 1 I. 5 F 5: OOP 10T/C 17 F 5 12 190 133 3 8 55 5 41 23 13 RO 15 I TSA (000) 16 1 PEYER PN PRT 3 10 1 4 28 2 - 9 20 1 8 24 5 '4 31 8 28 34 21 38 48 WKRft 02 A JEOPARDY 14 30 11 32 83 17 11 7 25 CH2 NEWS 500 15 22 28 7 R3 20 21 30 57 OF FOll WSMV 04 N OPAAH WINFRY 13 27 11 31 01 6 22 8 WHEE/ 21 24 5 44 5 22 45 6 1I 29 GOLDA 6 IRL-S WTVF 05 C GUNSMOKE 8 16 6 17 83 5 Il

NRFLK-PMTH-N N H BS/9 84 2 18 I 37 2 24 M F 12:.GON 10T/C WYVZ+ 1 3 24 33 I 1 1 TSA (000) 4 3 SUCCESS LIFE 1 1 100 1 1 47 02 38 21 40 41 40 37 15 58 46 NW 3 AT NOON WTKR 03 C PRCE 18 RGT2 10 43 BR 15 23 15 45 16 41 4 16 32 NW MIDDAY WVEC 13 A HOME 2 4 18 15 13 10 33 18 17 50 3 12 33 NIS10 MIDDAY NAVY 10 N MARSHA WRFLD 3 12 15 100

NRFLK PMYH-N N"H 88/8 3 19 3 34 3 31 20 AVG 12:OON& 23T/C WTVZ+ 33 F 4 28 44 3 55 5 3 1 2 2 TSA(000) 2 SUCCESS LIF& 2 2 100 50 3 50 50 91 32 20 36 40 38 36 14 56 45 NI 3 AT MOON& WTKR 03 C PRCE IS RGT& 39 44 13 20 14 45 15 45 4 17 35 NW WVEC 13 A HOME 2 15 15 85 13 MIDDAY&'IS10 31 16 63 15 50 3 12 31 MIDDAY& WAVY 10 N MARSHA WRFL& 12 14 100 17

ODESSA-MIDLAND 7S/S 3 7 60 63 31 M F 11:OOA 40T/0 KPEJ+ 1 4 28 44 1 1 TSA (000) 1 SUCCESS L IFE 44 24 'ACE IS RGT2 45 52 13 61 41 58 56 YNG-RESTLESS KOSA OF $ 2 6 N MAASHA WRFLD 5 5 1 6 50 5 JOKEAS WILD & KYPX+ Off 1 1 3 4 7 GAAHAM KEAR & KM I D 02 A HOME 2 5 4 68/8 OKLAHOMA CITY '5 43 7 15 8 43 9 43 SUN 10:30A 4T/C KOKH+ 25 I 9 59 100 12 5 2 5 5 TSA (000) S4 12 64 LEAVE BEAVEA 9 7 64 9 27 11 10 33 14 9 13 KAUT+ 43 F MOAN MATINEE 13 12 67 7 13 ir MORN MATINEE 25 70 18 00 12 50 2 10 KOCB+ 34 I BIG VALLEY 8 13 110 BIG VALLEY 64 4 9 6 35 7 38 13 36 MEET PAESS KFOA 04 N SUNDAY TODAY 8 8 118/8 OMAHA 23 32 19 I 19 47 4 11 F 9: 30A 18T/C. KPYM+ '42 F 13 70 144 11 63 5 3 5 5 1 TSA (000) 10 LS 69 22 23 26 3 25 54 5 8 I LOVE LUCY 15 28 44 RPHL 24 27 80 25 22 26 3 24 33 SALLY J Rl)HL 07 A SALLY J 23 2 22 31 25 50 03 C REGIS KATHIE 20 25 94 24 25 REGIS KATHIE 100 5 8 14 1 14 83 29 62 CLSC CNCNTRN 06 N GRAHAM KERA 16 21

PAGE 101 NOVEMBER 1990 ADI Program- Totals

ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

MARKET NAME ADI SIGN ON/BIQN OFF SHARE CALL CH NQ LEAIHN PROGRAM DAY/TIME/TELECASTS TV HOUSEHOLDS WOMEN 18+ WOMEN 18-34 WOMEN 18-49 WOMEN 25-54 WOMEN 65+ TSA (000) LETTERS AFFIL TITLE RTQ SHR RTQ RTQ PHH RTG PH RTQ SHR VPH RTQ S&ll VPH RTQ SIBI PHH COMPETING PROGRAMS IDX IDX 7S/S 26 2 40 AVG 12:30P& 32T/C WCGV+ 24 F 7 48 78 7 73 5 19 6 32 6 8 TSA(000& 12 9 2 4 3 5 VARIOUS 4 4 63 3 13 4 38 4 25 I 4 38 4 VARIOUS WTMJ 04 N VARIOUS 25 31 91 45 43 42 64 35 43 18 23 VARIOUS WITI 06 C VARIOUS 18 21 84 11 13 10 23 14 23 7 30 55 VARIOUS WISH 12 A VARIOUS 12 10 62 4 10 7 24 7 19 3 13 38

MOBILE-PENSACOLA SS/S 2 40 1 32 2 16 M-F 12:30P& 34T/C WPM I + 15 F 2 24 22 2 61 2 32 TSA(000) 3 2 1 1 1 I VARIOUS 2 1 100 1 50 2 50 2 50 I BOLD-BEAUTFL& WKRG 05 C NN NW CMTR 29 32 93 26 29 27 51 30 49 11 42 34 4 16 17 ALL MY CHILD& WEAR 03 A ALL MY CHIL& 28 28 81 32 33 32 61 35 56 27 DAYS LIVES WALA 10 N DAYS LIVES 19 21 92 23 38 23 62 20 50 5 19

MONROE-EL DORADO 11S/S M-F 9:OOA ROT/C KARD0 14 A 9 72 100 7 72 10 25 13 55 20 65 1 6 TSA(000) 4 3 1 2 3 GD MORN AMER 2 11 15 100 14 25 18 50 20 50 3 12 50 DONAHUE KNOE 08 C CBS THIS MRH 10 42 47 95 20 10 29 29 33 24 18 63 67 PEOPLES CRT KTVE 10 N TODAY SHOW 4 16 18 91 18 18 15 27 18 27 5 18 55

MONTGOMERY-SELMA 218/S M-F 11:OOP 19T/C WAKA 08 C 24 155 267 22 65 6 41 43 34 59 35 57 2 3 TSA(000) 12 8 5 7 7 CHEERS-8 26 25 81 10 38 38 31 57 30 43 4 18 19 TONIGHT SHOW WSFA 12 N TONIGHT SHOW 24 34 87 2 12 13 19 33 28 40 6 56 40 NGHT COURT-S WCOV+ 20 F ARSENIO HALL 14 12 50 2 16 33 14 50 9 33 1 9 17 INTO THE NGT& WHOA+ 32 A ABC NW NGTL& 4 4 50 2 1 1 11 50

MONTGOMERY-SELMA 218/8 AVG 11:OOP& 23T/C WAKA 08 C 20 159 222 18 66 36 38 28 55 28 52 1 5 7 TSA(000& 12 8 5 7 6 1 CHEERS-S 23 22 79 33 37 28 58 27 42 4 15 21 TONIGHT SHOW& WSFA 12 N TONIGHT SHO& 29 39 90 14 10 22 30 29 35 10 61 50 NGHT COURT-S& WCOV+ 20 F ARSENIC HAL& 12 9 43 14 29 12 43 8 29 1 6 14 VARIOUS WHOA+ 32 A VARIOUS 4 4 100 3 2 1 8 50

NASHV I LLE 88/8 M-F 5:OOP 19T/C WZTV+ 17 F 6 12 190 133 3 8 55 5 21 33 4 16 48 4 12 37 1 2 5 TSA(000) 41 23 13 20 15 2 PETER PN PRT 3 10 1 4 28 9 20 1 6 24 5 16 1 CH2 NEWS 500 WRRN 02 A JEOPARDY 14 30 11 32 83 17 11 7 25 31 28 34 21 38 46 WHEEL OF FOR WSMV 04 N OPRAH WINFRY 13 27 11 31 91 22 15 6 22 28 23 29 21 39 57 GDLDN GIRL-8 WTVF 05 C GUNSMOKE 8 16 6 17 83 21 24 21 22 46 6 12 29 NRFLK-PMTH-N N-H 88/9 M-F 12.:OON 19T/C WTVZ+ 33 F 1 3 24 33 2 64 2 18 3 39 3 37 1 2 24 TSA(000) 4 3 1 2 2 1 SUCCESS LIFE 1 1 100 1 1 1 NW 3 AT NOON WTKR 03 C PACE IS RGT2 10 43 47 92 36 21 40 41 40 37 16 58 46 13 NW MIDDAY WVEC 13 A HOME 2 16 15 82 15 23 15 45 16 41 4 16 32 NWS10 MIDDAY WAVY 10 N MARSHA WRFLD 3 12 15 100 19 33 18 61 17 50 3 12 33

NRFLK-PMTH-N N-H 88/8 AVG 12:OON& 23T/C WTVZ4 33 F 4 28 44 3 55 3 19 3 34 3 31 1 3 20 TSA(000& 5 3 1 2 2 1 SUCCESS LIF& 2 2 100 4 50 3 50 2 50 NW 3 AT NOON& WTKR 03 C PRCE IS RGT& 39 44 91 32 20 36 40 36 36 14 56 45 13 NW MIDDAY& WVEC 13 A HOME 2 15 15 85 13 20 14 45 15 45 4 17 35 NWS10 MIDDAY& WAVY 10 N MARSHA WRFL& 12 14 100 17 31 16 63 15 50 3 12 31

ODESSA-MIDLAND 7S/S M-F 11:OOA 40T/C KPEJ0 R4 F 4 28 44 3 76 7 60 4 63 31 TSA(000& 1 1 1 1 SUCCESS LIFE YNG-RESTLESS KOSA 07 C PRCE IS RGT2 45 52 94 13 61 41 58 65 56 53 11 44 24 JOKERS WILD & KTPX+ 09 N MARSHA WRFLD 5 5 50 1 6 50 5 50 2 1 6 GRAHAM KERR & KMID 02 A HOME 2 5 4 50 1 3 4 50 7 50 I

OKLAHOMA CITY 6S/8 SUN 10&30A 4T/C KOKH+ 25 I 9 59 100 1, 5 43 7 15 1 8 43 9 43 TSA(000) 12 5 2 5 5 LEAVE BEAVER 9 1 7 64 9 27 2 11 64 12 4 MORN MATINEE KAUT4 43 F MORN MATINEE 13 12 67 7 13 1 10 33 14 47 1 9 13 2 IO BIG VALLEY KOC84 34 I BIG VALLEY 8 13 110 25 70 2 18 90 12 50 MEET PRESS KFOR 04 N SUNDAY TODAY 8 8 64 4 9 1 6 36 7 36 1 13 36

OMAHA 11S/S 1 4 M F 9:30A 18T/C KPTM4 42 F 13 79 144 11 63 23 32 19 50 "2 19 47 Il TSA(000) 10 6 3 5 5 1 I LOVE LUCY 16 15 69 22 23 26 54 3 25 54 1 5 8 SALLY J'PHL KETV 07 A SALLY J RPHL 24 27 89 25 22 26 39 3 24 33 6 28 44 REGIS KATHIE KMTV 03 C REGIS KATHIE 20 25 94 24 25 23 44 2 22 31 5 25 50 CLSC CNCNTRN WDWT 06 N GRAHAM KERR 16 21 100 5 8 14 31 1 14 23 6 29 62 201 PAGE //4& PMPrRCeV ADI Program Totals

(CONTINUED) ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

ADI LEAD OUT LEAD OUT ADI TV HH CHILDREN 2-11 CHILDREN 6-11 TEENS 12-17 PROGRAM TITLE O

SIGI VPHH RTQ SHR VPHH RTQ SHR VPHH RTG SHR VPHH RTG SHR VPHH RTG SHR VPHH RTG SHR VPHH RTQ SHR 0 RTG SHR VPHH RTG 0 02 7 8 I 9 19 I 13 10 I 8 46 1 8 17 1 9 34 1 10 31 I 6 12 5 2 4 4 1 1 2 I Q 1 13 VARIOUS 2 8 5 50 6 13 6 25 5 25 1 5 13 1 9 13 1 6 25 11 2 VARIOUS 3 15 15 23 2 23 14 2 18 18 I 12 9 I 7 2 I 21 5 6 2 9 I 3 6 3 VARIOUS 7 30 18 39 1 15 13 1 12 16 1 14 16 3 28 19 14 6 5 1 19 14 1 7 10 I 16 10 VARIOUS 3 15 15 52 1 12 14 1 14 29 I 15 29 2 17 19 0 0) 4 12 5 87 I 8 57 1 7 79 1 6 58 I 7 3 2 3 2 1 VARIOUS I 5 2 100 1 5 50 1 4 100 3 50 3 AS WRLD TRNS 5 23 25 39 3 25 17 3 23 24 2 21 17 6 31 15 3 30 7 2 44 10 3 61 7 TO LIVE 32 20 33 3 22 14 3 22 22 3 24 19 3 16 8 3 27 8 1 11 6 1 11 3 LIFE 8 17 46 3 18 19 3 19 31 2 19 27 2 11 12 2 23 8 1 17 8 1 13 4 ANOTHER WRLO 3 15

1 14 7 31 6 6 1 10 22 1 12 24 2 3 13 5 2 29 41 24 1 I 1 2 1 18 75 12 2 25 50 2 21 50 3 15 50 1 FAMLY TIES-3 I 5 49 43 2 44 10 4 49 19 3 44'4 9 52 19 1 29 8 5 11 DONAHUE 10 45 THE JUDGE 15 18 45 4 1 14 18 1 14 18 4 23 36 1 24 9 8 9 8 3

3 27 61 5 43 33 4 30 49 4 30 44 2 18 10 3 31 12 1 71 10 2 66 8 7 4 6 5 1 1 1 1 29 67 9 41 33 8 35 52 7 32 43 3 16 10 4 29 10 2 52 10 2 58 10 GOMER PYLE 3 23 LETTERMAN 2 15 19 60 1 10 20 2 12 33 2 16 27 4 36 20 1 11 7 13 15 14 15 67 2 19 33 2 15 50 1 10 17 1 13 17 3 35 17 STAR TREK 2 INTO THE NGT 4 3 50 1 4 50 1 4 50

4 23 63 4 37 27 4 25 43 4 24 39 3 19 18 3 30 14 2 27 15 2 29 11 8 3 5 5 2 2 2 1 26 68 8 37 32 7 32 53 7 30 42 3 13 11 4 28 11 1 20 11 2 34 5 GONER PYLE 4 24 LETTERMAN 18 22 55 1 9 10 2 13 25 3 16 20 7 38 25 1 10 5 3 4 3 13 71 2 18 29 2 14 43 2 11 29 1 8 14 2 22 14 6 14 1 11 14 VARIOUS 2 11 1 4 4 50 2 1 4 50 1 4 50 1 5 50 4 3 VARIOUS

3 10 55 4 19 28 4 16 45 3 12 32 2 4 9 6 23 22 6 26 39 4 18 16 22 11 19 13 4 9 16 7 MAMAS FAMILY 6 13 1 5 28 1 8 .16 1 8 24 1 8 24 4 15 24 10 40 108 9 37 64 10 32 63 5 23 .i3 7 29 30 8 32 31 18 35 30 1 8 2 2 9 6 3 11 4 ABC WRLD NWS 11 22 8 28 60 4 19 12 5 21 24 5 19 20 20 39 34 3 11 4 2 7 5 2 8 4 NBC NGHT NWS 14 28 5,-'7 60 5 21 22 4 18 33 4 18 32 8 15 22 7 29 19 3 13 14 3 14 8 CBS EVE NEWS 8 17

3. 36 1 4 4 30 5 30 1 5 5 19 7 10 1 1 1 1 1 BEWITCHED 1 3 37 37 2 26 8 2 29 16 2 30 11 10 49 21 1 25 2 2 29 8 2 41 3 YNG-RESTLESS 14 50 14 15 36. 7 5 1 7 9 7 9 5 26 27 11 5 7 5 6 LOVING 4 GENERATIONS 3 10 8 28 5 6 1 9 17 1 12 17 1 5 11 1 17 6 1 8 6 4

4 46 4 14 6 43 1 7 36 1 3 8 11 6 21 7 11 2 1 2 2 1 1 1 4 2 50 2 3 50 3 50 6 4 50 5 50 BEWITCHED 1 1 4 YNG-RESTLESS 12 46 33 38 1 21 7 2 26 18 2 29 13 8 47 20 1 20 2 2 20 7 25 13 40 5 5 6 10 6 10 5 27 30 9 5 5 5 3 LOVING 3 13 GENERATIONS 2 9 7 25 4 6 1 7 19 1 9 13 1 6 13 1 11 6 5 6 2

14 4 9 3 '14 2 14 10 5 2 5

BENSON-8 1 3 13 44 29 3 62 12 3 47 18 4 51 24 3 35 6 1 52 1 27 6 THE JUDGE 3 7 29 3 1 3 1 6 3 DAYS LIVES ALL MY CHILD 4 17 8 50 6 1 7 4 1 26 1 13 50 1 20

11 73 2 13 40 2 12 60 1 10 40 1 9 12 8 4 3 19 54 1 9 12 9 5 7 5 2 1 7 1 2 11 11 73 2 14 45 2 15 73 2 13 55 2 24 18 3 19 55 1 9 9 GOMER PYLE 3 14 16 87 2 14 33 3 17 67 3 19 60 1 10 13 2 37 13 3 17 40 5 37 40 MORN MATINEE I 7 14 3 20 1 7 10 1 10 30 LGNO LASSIE 12 100 3 21 80 2 80 7 8 64 3 18 3 18 3 26 55 THIS IS NFL 1

7 19 1 23 10 1 19 16 1 14 15 1 2 2 37 37 1 36 9 2 1 2 1 4 1 HWY HEAVEN 2 8 13 23 1 29 6 1 35 23 1 29 23 2 4 2 25 23 1 39 8 HOME 1 4 21 21 '3 9 11 6 1 28 17 3 20 17 3 1 17 11 1 18 6 1 PRCE IS RGT1 34 31 1 13 1 23 13 1 24 13 2 17 13 16 6 19 30 13 18 38 3 8 4 8 4 4 30 23 2 TO TELL TRTH 2 PAGE 202 NOVEMBER 1990 ADI Program Totals

ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

MARKET NAME QN ON/SION OFF SHARE ADI DAY/TIME/TELECASTS CALL CH NO LEAD-IN PROGRAM TV HOUSEHOLDS WOMEN 18+ WOMEN 18-34 WOMEN (8-49 WOMEN 2564 WOMEN 65+ TSA (000) LETTERS AFRL TITLE RTG SIWI RTG S RTG PH RTG SIII RTG SHR VPH RTG SIII FH ATO SIW( PHH OMPETING PROGRAMS IDX IDX ORLND-OYT-BC-MEL 98/S M-F 1:30P 20T/C WOFL+ 35 F 6 52 67 3 43 1 6 22 1 6 38 1 4 21 TSA(000) 14 6 3 5 3 8 HILLBILLES 6 3 47 1 6 20 1 6 33 1 4 20 1 7 BOLD-BEAUTFL WCPX 06 C YNG-RESTLESS 28 30 86 5 26 23 5 28 43 4 26 32 7 34 43 ALL MY CHILD WFTV 09 A ALL MY CHILD 24 27 93 8 43 40 7 38 70 6 36 52 3 15 23 DAYS LIVES WESH 02 N DAYS LIVES 22 26 98 4 22 25 4 22 44 4 25 38 7 30 48 PAD-CP G-HRG-MAR SS/S M-F 6:30P 20T/C KBS)% 23 F 3 6 117 67 2 5 74 3 10 32 3 8 50 3 7 40 2 3 TSA(000& 13 9 4 6 5 2 8 HILLBILLES 4 7 2 6 71 4 14 36 4 10 57 3 8 43 1 2 14 WHEEL OF FOR KFVS 12 C NEWS 24 41 21 45 93 7 23 10 10 27 22 11 28 22 38 62 67 COSBY SHOW-S WPSD 06 N 6 NWS BT 6 14 25 11 23 81 10 30 21 11 31 44 13 34 46 10 16 31 ENTRTN TN 30 WS I L+ 03 A CURRENT AFFR 5 8 3 7 74 3 9 21 3 9 42 4 10 42 3 5 26 --S/S M-F 6:30P 20T/C WFMZ+ 69 I 7 24 16 16 9 TSA(000) 6 1 1 1 LEAVE BEAVER 33 33 33 ABC WRLD NWS WPVI 06 A ACTN NW-6P 20 33 16 37 86 6 19 10 9 25 28 11 29 33 28 49 52 CHEERS-8 WTXF% 29 F NGHT COURT-S 9 15 6 13 65 6 21 24 7 19 45 7 17 43 4 7 15 NBC NGHT NWS KYW 03 N EYWTNS NWS 6 5 9 4 9 74 2 5 10 2 7 29 3 8 36 6 10 36

PHOEN I X 9S/S M-F 12:30P 19T/C KPHO 05 I 4 19 152 211 14 58 2 14 19 3 17 37 3 16 31 3 12 19 TSA (000) 49 29 10 18 16 10 DICK VN DYKE 3 13 11 63 2 12 18 2 15 42 2 12 32 2 7 18 ALL MY CHILD KTVK 03 A ALL MY CHILD 5 22 26 93 7 41 45 6 34 64 5 31 52 4 17 25 BOLD-BEAUTFL KTSP 10 C NWCNTR 10NN 4 19 20 85 2 14 20 2 14 30 2 14 28 7 30 52 LOVE CNCTN KPNX 12 N 12 NEWS NOON 3 12 13 84 1 6 13 1 9 29 2 9 26 5 20 52 PITTSBURGH 28/8 M-F 6:OOP& 46T/C WPTT+ 22 I 1 1 21 11 1 70 2 21 1 2 46 1 2 46 1 19 TSA(000) 10 7 2 5 5 VAR(OUS 1 1 1 56 2 22 1 44 1 33 11 VAR I OUS KOKA 02 C VARIOUS 15 29 11 28 76 4 15 8 5 18 21 7 23 26 20 35 48 VAR I OUS WPXI 11 N VARIOUS 12 22 10 26 93 5 19 14 7 22 33 7 22 34 17 30 55 VARIOUS WTAE 04 A VARIOUS 12 22 9 22 82 7 24 18 8 25 39 9 26 41 11 19 35

E I GH-DURHAM 18/8 N 5:OOP 1T/C WKFT+ 40 I 1 17 11 5 224 2 6 120 1 4 120 2 10 103 TSA(000) 3 8 4 4 4 NFL FTBL GM2 1 1 100 2 100 2 100 NFL FTBL GM2 WRAL'LFL 05 C NFL FTBL GM2 12 33 23 39 1 8 6 4 20 21 5 27 26 6 25 13 TRPLE FTRE 3 ~ 22 F TRPLE FTRE 2 5 13 18 89 7 37 61 5 29 81 3 17 42 1 4 6 VARIOUS WTVD 11 A VARIOUS 4 12 11 60 1 4 7 1 5 17 1 5 13 6 23 40

RALE I GH-DURHAM 256/8 SUN 5: ODP 1T/C 05 C 9 25 314 278 20 49 3 12 11 4 16 26 6 26 35 4 25 13 TSA(000) 64 31 8 17 23 9 NFL FTBL GM2 11 32 18 32 1 8 4 2 13 13 4 20 19 5 23 13 TRPLE FTRE 3 WLFL+ 22 F TRPLE FTRE 2 5 13 18 89 7 37 61 5 29 81 3 17 42 1 4 6 VARIOUS WTVD 11 A VARIOUS 4 12 11 60 1 4 7 1 5 17 1 5 13 6 23 40 NFL GAME 2 WPTF+ 28 N NFL GAME 2 4 11 10 60 3 14 32 2 12 44 1 8 24 2 7 16 ROANOKE-LYNCHBRG 319/8 M-F 5:30P 18T/C WDBJ 07 C 14 36 479 400 11 37 84 7 36 19 9 37 41 10 38 39 14 37 36 TSA(000) 58 49 11 24 23 21 COSBY SHOW-8 12 36 10 41 90 11 55 33 9 46 52 8 42 42 10 33 27 FIRST NEWS WSLS 10 N JOKERS WILD 7 18 21 93 2 12 14 3 14 31 4 17 38 10 28 52 DONAHUE WSET 13 A DONAHUE 6 15 18 96 3 13 17 4 18 46 5 21 50 6 18 42 TINY TOON AV WJPRA 21 F TNAGE TURTLS 2 6 2 33 1 6 22 1 4 33 1 3 22 1

ROCHESTER, NY 10S/S M-F 1:OOP 20T/C WUHF+ 31 F 11 79 122 7 57 1 7 19 1 6 28 2 9 37 1 7 20 TSA(000) 9 5 2 2 3 2 I LOVE LUCY 10 7 63 1 5 13 1 6 25 1 10 38 2 7 25 YNG-RESTLESS WROC 08 C YNG-RESTLESS 34 43 115 9 44 36 8 44 64 7 36 48 9 45 45 ALL MY CHILD WOKR 13 A LOVING 22 22 90 5 28 45 4 25 60 5 27 55 4 19 25 DAYS LIVES WHEC 10 N GENERATIONS 12 12 90 2 10 30 2 11 50 2 13 50 2 9 20

ROCHESTER, NY 108/8 AVG 1:OOP& 24T/C WUHF+ 31 F 11 79 122 8 63 1 7 17 1 7 28 2 10 38 2 9 24 TSA(000) 9 5 2 3 3 2 I LOVE LUCY& 10 9 75 1 9 25 1 7 25 1 10 38 2 8 38 YNG-RESTLESS& WROC 08 C YNG-RESTLES& 31 40 114 7 41 36 7 41 64 6 34 46 9 42 50 ALL MY CHILD& WOKR 13 A LOV.)NG 22 22 89 4 26 37 4 24 53 4 25 47 4 23 32 DAYS LIVES WHEC 10 N GENERATIONS& 12 11 80 2 10 30 2 11 50 2 13 50 2 8 20 ROCH-MSN CY-AUST 19S/S M-F 5(OOP& 19T/C KIMT 03 C 20 241 222 20 66 3 19 13 4 22 33 4 24 32 7 18 29 TSA(000) I 12 8 2 4 4 4 FAMLY TIES-& 8 6 25 2 14 25 1 11 25 1 13 25 1 3 E CHLLNGRS KTTC 10 N JEOPARDY 17 20 83 1 7 8 2 10 17 2 13 17 11 29 67 CURRENT AFFR KAAL 06 A GRWNG PAIN-& 14 13 75 2 9 13 2 12 25 3 17 25 4 12 38 PAGE 203 n%NiRCeV ADL Program Totals

(CONT I NUES I ANDY GRIFFITH SHOW SYNDICATED PROGRAM. ANALYSIS

ADI LEAD OUT TEENS 12-17 CHILDREN 2-11 CHILDREN 8-1'I MEN 18+ MEN 18-84 MEN 18-49 MEN 26-54 MEN 55+ PROGRAM TITLE O

RTG SIWI VPHH RTG SHR VPHH RTG SHR VPHH RTG SHR VPHH RTG SHR VPHH RTO SIBI VPHH RTG SIBI RTG SHR VPHH RTQ SIBI VPHH 0 24 2 20 57 I 19 46 I 20 17 8 4 I 11 59 16 Ol 9 4 8 7 2 I 10 7 GOMER PYLE 2 7 I 12 67 18 27 2 25 60 2 25 53 I 7 I 16 13 10 2 3 AS WRLO TRNS 7 29 2 2 21 23 12 3 I 16 8 I 15 8 3 28 15 6 2 7 I 23 2 LIFE TO LIVE 5 24 2 22 33 36 13 2 24 17 2 20 17 2 17 10 I 7 2 I 21 4 17 2 ANOTHER WRLD 4 18 I 14 21 11 6 I 9 8 I 13 8 2 18 13 2 26 6 I 13 0

48 2 6 61 9 23 3 8 46 3 8 42 2 3 13 3 9 16 7 21 69 8 23 8 3 6 5 2 2 9 6 11 57 VARIOUS 5 8 3 7 64 14 29 4 11 57 4 10 50 I 2 7 3 13 21 9 36 79 40 4 VARIOUS 14 23 16 40 61 23 9 8 24 20 9 24 20 32 60 38 4 12 3 7 19 9 6 18 17 VARIOUS 17 28 9 24 60 24 15 9 28 37 ll 31 38 10 18 19 16 51 21 11 31 25 11 31 VARIOUS 9 16 3 9 63 9 21 4 12 47 4 12 42 3 5 11 2 7 11 2 7 21 3 8 16

20 9 12 I I CH 69 NEWS 14 33 67 7 21 11 8 24 26 10 .27 28 27 45 36 4 12 4 2 7 3 I 6 2 JEOPARDY 20 32 8 19 80 12 40 44 10 28 63 8 21 48 4 7 12 9 27 20 4 16 17 5 17 11 CHEERS-S I 9 14 4 10 72 2 7 12 3 9 34 4 11 40 6 10 31 2 5 6 I 2 3 2 2 ENTRTN TN 30 7 12

2 21 50 3 26 21 3 27 35 3 26 30 3 15 14 I 24 2 I 21 7 I 31 3 25 11 18 15 7 I 4 2 2 16 55 3 30 32 2 29 45 2 23 29 2 7 11 I 36 5 I 18 8 I 34 5 I LOVE LUCY 4 17 I 12. 23 2 16 11 I 14 16 I 14 14 2 10 9 12 2 I 15 4 16 2 LIFE TO LIVE 4 18 2 15 37 I 13 11 I 14 17 I 11 13 3 20 20 11 13 4 20 2 AS WRLD TRNS 4 20 I 11 39 I 8 10 I 7 13 5 10 3 18 28 4 3 ANOTHER WRLD 2 11

I 59 I 16 I 32 2 35 I 17 I 9 2 18 2 19 6 2 3 4 . 2 I 2 I I 56 I 11 I 33 I 22 I 11 I 11 I 4 44 I. 5 22 VAR I OUS I I 10 29 62 4 IS 8 5 19 18 7 25 24 20 38 37 I 6 2 I 6 3 I 7 2 VAR I OUS 14 27 7 20 56 3 15 10 4 17 21 5 17 22 13 24 31 3 13 5 2 8 5 2 11 4 VARI OUS 11 22 8 22 63 5 22 15 5 21 28 6 22 29 12 22 29 4 16 7 I 7 4" I 5 2 VAR I OUS 10 20

2 150 I 2 150 I 3 150 14 NFL FTBL GM2 I 2 11 38 91 11 38'9 11 41 59 11 40 49 13 30 26 39 9 NFL FTBL GM2 12 34 3 12 67 5 21 47 4 17 58 3 13 42 I 2 6 24 24 28 TRPLE FTRE 3 5 13 4 15 90 3 12 30 3 13 53 4 14 53 8 24 33 8 5 7 VAR I OUS 4 12

4 .'19 37 7 3 16 25 5 19 5 27 9 24 4 16 18 6 11 37 99 11 38 41 11 39 65 12 41 58 11 28 25 35 5 11 . NFL FTBL GM2 12 34 3 12 67 5 21 47 4 17 58 3 13 42 I 2 6 24 24 2S TRPLE FTRE 3 5 13 4 15 '90 3 12 30 3 13 53 4 14 53 8 24 33 8 5 7 VARIOUS 4 12 2 10 56 3 16 36 2 11 48 3 11 44 I 5 8 17 2 NFL GAME 2 4 Il

8 40 62 8 53 22 7 46 37 6 40 30 12 35 22 10 38 15 4 18 10 4 18 6 36 13 22 18 13 9 6 4 6 36 48 5 45 17 5 40 27 4 37 21 8 32 19 10 36 19 3 14 10 2 11 6 NEWS 7 AT 6 24 41 4 21 59 I 5 3 2 11 17 2 15 21 11 31 38 I 6 7 I 4 3 I 6 3 CH 10 NEWS 10 18 19 3 12 46 I 7 8 I 7 17 2 9 17 6 18 25 2 4 I 5 8 2 7 8 NEWS 13 6 11 I 3 22 3 11 I 4 11 I 4 11 I 2 11 4 16 33 7 30 100 5 25 56 SMALL WONDER I 2

I 20 56 19 12 ;.,I 21 31 I 22 31 3 22 24 I 14 12 I 20 7 5 I 3 3 2 I I I 19 63 20 13 0.1 20 25 I 22 25 3 20 25 I 13 13 I 29 13 DICK VN DYKE 2 10 I 23 21 20 3 - I 15 6 I 18 6 3 25 15 I 15 3 I 26 6 10 BOLD-BEAUTFL 5 27 MY 26 I 10 10 6 6 5 7 5 2 15 5 I 25 5 2 ALL CHILD 5 I 17 40 12 10 I 18 20 I 19 20 2 18 20 I 20 10 3 DAYS LIVES 3 13

I 18 52 14 I 18 31 I 19 31 2 20 21 7 3 I 16 14 I 21 8 3 2 I I 5 I 3 '.0 I 16 50 15 13 I 16 25 I 17 25 2 17 25 5 I 16 25 I 21 13 DICK VN DYKE 2 I 20 21 13 4 I 11 7 I 15 7 3 25 14 10 I 21 7 7 BOLD-BEAOTFL 5 24 I ID 16 5 6 5 7 5 2 17 11 I 19 5 2 ALL MY CHILD 5 IS I 16 40 17 20 I 18 30 I 17 20 2 16 20 I 18 10 3 DAYS LIVES 3 '3

19 45 3 23 I'2 3 23 27 4 24 27 5 17 16 2 13; 4 4 25 28 5 28 20 6 2 3 3 2 I 4 3 25 5 6 25 I 7 2 8 3 11 SO 4 15 50 EVE NEWS 9 II 17 6 I 6 17 I 6 8 9 29 33 I 9 8 I 5 I 4 13'SSNSC NGHT NWS 7 18 3 50 I IO 3 15 63 2 18 13 2 15 25 2 16 25 5 16 25 2 15 13 2 9 13 2 11 ABC WRLD NWS 8 204 Ai%8Pi6%IQAI PAGE NOVEMBER 1990 ADl Program Totals

ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

MARKET NAME ADI SIGN ON/SIGN OFF SHARE CALL CH NO LEAD-IN PROGRAM D~ME/TELECASTS TV HOUSEHOLDS WOMEN 18+ WOMEN 18-34 WOMEN 18-49 WOMEN 25-64 WOMEN Se+ SA (000) LETTERS AFFIL TITLE RTQ SHR RTQ RTG SHR VPHH RTG SHR PH RTQ SHR VPH RTQ SHR VPHH RTQ SHR PHH COMPETINQ PROGRAMS IOX IDX

ROCKFORD 10S/S M-F 12:30P 18T/C WQRF+ 39 F I 4 34 44 5 99 I 2 13 I 4 4? I 6 52 2 7 47 TSA(000) 2 2 I I I GRAHAM KERR I 2 I 4 200 I 2 I 6 100 1 7 100 I DAYS LIVES WTVO+ 17 N DAYS LIVES 11 43 10 42 87 15 57 43 11 52 70 10 49 52 5 21 13 SOLD-BEAUTFL WIFR+ 23 C PEOPLES CRT 5 18 4 18 100 3 12 22 3 12 33 3 15 33 6 25 56 ALL MY CHILD WREX 13 A ALL MY CHILD 4 14 3 13 75 5 18 50 4 17 63 3 15 50 2 7 13

SCRMENTO-STOCKTN 88/S M-F 12:OON 20T/C KTXL% 40 F 7 62 78 5 61 2 10 28 1 9 40 1 11 40 I 2 17 TSA(000) 24 14 7 10 10 4 LEAVE BEAV 2 8 7 74 2 9 32 I 9 53 I 8 37 I 4 16 CH3 RPT NOON KCRA 03 N LETS MK DEAL 34 36 88 3 17 11 3 22 24 3 23 21 18 51 63 NEWS TEN KXTV 10 C YNG-RESTLESS 18 19 90 3 18 25 2 16 33 2 17 27 7 21 50 KDVR13MIDOAY KOVR 13 A ALL MY CHILD 16 18 91 3 18 27 3 19 45 2 18 36 6 16 41

ST LOUIS 88/S M-F 12:OON 18T/C KDNL4 30 F I 3 24 33 2 49 I 4 25 3 34 3 28 I 15 TSA(000) 9 4 2 3 3 1 WEBSTER-S 1 4 3 71 I 8 43 I 7 57 3 29 1 14 NWS CH5 NOON KSDK 05 N SALLY J RPHL .9 35 36 89 3 17 10 4 25 26 4 28 24 14 44 60 NWS4 STL MID KMOV 04 C PRCE IS RGT2 7 28 29 89 3 22 16 3 19 25 3 21 23 12 37 59 ALL MY CHILD KTVI 02 A CH 2 NWS MDY 4 17 21 104 5 34 43 5 33 67 4 33 61 4 11 31

ST LOUIS 88/S AVG 12(OON& 22T/C KDNL4 30 F 4 24 44 2 51 I 5 29 4 37 3 31 1 13 TSA(000) 9 4 3 3 3 1 WEBSTER"8 4 4 75 1 10 50 I 9 63 5 38 VAR I OUS KSOK 05 N SALLY J RPH& 34 35 88 2 17 10 3 25 25 3 27 25 12 44 60 NIIS4 STL MID& KMOV 04 C VARIOUS 28 29 88 3 22 16 2 19 25 2 20 24 10 36 59 ALL MY CHILD& KTVI 02 A CH 2 NWS MO& 17 20 102 4 33 40 4 31 64 4 31 60 3 12 31 SALINAS-MONTEREY 78/8 M-F 1:OOP 19T/C KCBA+ 35 F 4 21 44 4 101 2 18 1 18 2 27 1 6 74 TSA(000) 1 1 1 PERRY MASON 7 6 75 I 3 1 4 25 1 3 25 3 10 50 - LIFE TO LIVE KNTV 11 A ALL MY CHILD 26 30 119 6 40 62 4 31 77 4 37 69 6 28 23 ANOTHER WRLD KSBII 08 N DAYS LIVES 14 15 114 3 21 57 2 20 71 2 14 43 2 10 29 AS WRLO TRNS KMST+ 46 C BOLD-BEAUTFL 11 14 125 1 6 25 1 5 25 3 6 27 100

S KE CITY 14S/S M 1:30PI 19T/C KSTU 13 F 14 93 156 14 73 2 12 26 2 13 45 2 11 34 3 17 27 TSA(000) 17 12 4 8 6 5 I LOVE LUCY 13 14 80 2 12 33 2 15 60 2 13 47 2 12 20 GEN HOSPITAL KTVX 04 A GEN HOSPITAL 3? 44 88 8 54 47 6 49 63 7 53 63 5 31 19 SANTA BAIIBRA KUTV 02 N SANTA BARBRA 12 14 93 2 17 43 2 14 57 1 11 36 3 16 29 GUIDING LGHT KSL 05 C GUIDING LGHT 9 12 91 1 9 27 1 10 55 1 10 45 3 15 36

SALT LAKE CITY 14S/S AVG 1:30P& 23T/C KSTU 13 F 14 76 156 14 73 1 12 26 1 13 45 1 11 34 2 17 27 TSA(000) 14 10 4 6 5 4 I LOVE LUCY& 12 14 85 2 12 31 2 15 62 2 13 46 2 12 23 GEN HOSPITAL& KTVX 04 A GEN HOSPITA& 36 44 88 7 54 45 6 49 63 7 53 60 5 31 18 VARIOUS KUTV 02 N SANTA BARBR& 12 14 85 2 17 38 1 13 46 1 10 38 2 16 23 VARIOUS KSL 05 C GUIDING LGH& 9 12 90 1 9 30 1 10 50 1 10 40 2 15 40

SAN ANTONIO 68/8 M-F&12:30A& 4T/C KRRT+ 35 F 4 14 44 5 94 I 4 47 5 70 2 23 4 24 TSA(000) 3 3 1 2 1 1 TRAP JOHN M& 3 3 67 3 33 2 33 2 33 1 7 33 VARIOUS KSAT 12 A ABC NW NGTL& 27 29 83 3 29 39 2 26 56 2 24 39 3 36 28 I LOVE LUCY & KENS 05 C MAMAS FAMIL& 21 22 86 2 19 36 2 22 64 2 22 50 2 25 29 LETTERMAN KMOL 04 N LETTERMAN 10 11 86 2 16 57 1 13 71 1 13 43 4 14

SAVANNAH 208/8 SAT 6(OOP 3T/C WSAV 03 N 14 148 156 13 67 1 6 18 2 9 30 5 28 37 TSA(000) 11 7 2 3 4 VARI OUS 4 5 50 I 8 50 1 8 50 TONY ROBBINS WTOC .11 C CBS COL FTBL 14 12 60 3 25 30 3 20 50 4 18 60 ABC COL FTBL WJCL+ 22 A ABC COL FTBL 6 3 40 1 4 40 1 3 40 WHAT A DUMMY WTGS+ 2& F SAT MOV 3 5 3 50 1 6 25 1 3 25 I 5 50

SHREVPRT-TXRKANA BS/8 M-F 5:30P 20T/C KMSS+ 33 F 6 11 193 122 3 8 59 4 14 21 4 14 46 4 12 39 2 3 9 TSA(000) 25 15 5 12 10 2 TNAGE TURTLS 5 10 1 4 29 2 7 13 2 8 25 2 7 21 ABC WRLD NItS KTBS 03 A 3 FRST NWS 5 15 28 13 32 89 3 10 8 5 17 22 7 21 27 25 46 63 CBS EVE NEWS KSLA 12 C KSLA NW 12 5 11 22 9 24 88 7 26 20 7 23 38 8 22 36 13 25 46 NBC NGHT NIIS KTAL 06 N 22?-S 8 16 7 18 89 4 15 14 6 20 42 7 22 50 8 15 36

SIOUX CITY 118/8 F~B:OOA& 2T/C KMEG+ 14 C 18 100 200 25 121 TSA(000) 6 7 CBS THIS MR& 14 17 100 GD MORN AMER& KCAU+ 09 A GD MORN AME& 34 41 92 TODAY SHOW KTIV 04 N TODAY SHOW & 16 18 80 PAGE 205 AR~imnl ADI Program Totals

(CONTINUEDI ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

ADI I EAD OUT LEAD OUT ADI TV HH 2-11 CHILDREN 8-11 TEENS 12-17 CHILDREN PROGRAM TITLE a

VPHH RTG SHR VPHH RTG SHA VPHH ATG SHR VPHH RTO SHR VPHH RTG SHR 0 SHR VPHH RTG SHR VPHH RTG SHR VPHH RTG SHR 0 (Q 4 14 4 28 4 4 I 6 60 1 9 31 1 7 31 1 I 1 1 DICK VN DYKE 2 10 3 4 2 100 1 5 51 ANOTHER WRLD 4 20 3 22 6 65 26 4 58 17 2 17 4 4 95 13 64 4 1. 4 51 26 9 73 AS WALD TRNS 7 31 1 8 I 10 11 3 32 11 6 1 14 22 ll TO LIVE 13 1 6 20 LIFE 3 0 I 6 13 I 4 1 6 I 8

1 3 9 I 12 11 14 3 1 8 53 2 20 35 I 15 43 I 17 39 1 13 8 10 9 2 3 11 7 5 1 13 11 5 DICK VN DYKE 2 8 7 37 1 12 21 1 8 21 5 11 1 6 3 1 5 CH3 APT NOON 9 36 5 39 53 2 23 8 2 27 14 2 27 11 13 48 38 I 23 I 18 4 1 11 6 13 2 BOLD-BEAUTFL 4 16 2 19 50 1 18 13 1 17 19 I 13 10 6 21 31 4 16 25 7 2 2 6 TC TAC DOUGH 3 12 1 12 34 1 10 7 1 8 9 4 5

3 2 5 4 3 5 58 1 15 31 8 38 6 28 1 3 19 5 5 3 3 3 2 14 MCHALES NAVY 1 4 4 43 13 29 7 29 2 I 11 4 14 11 1 5 GENEAATIONS 4 21 42 1 14 3 2 26 12 2 33 13 10 44 29 1 43 3 6 38 BOLD-BEAUTFL 6 27 34 46 2 33 8 2 35 19 2 29 14 8 35 28 15 1 1 10 3 1 19 1 2 1 16 8 1 11 2 ALL MY CHILD 4 21 8 18 1 11 6 1 11 12 1 12 12 1 6 8 15

3 7 5 4 5 60 1 18 35 1 9 43 7 28 1 3 16 10 6 5 3 4 2 1 1 1 13 13 13 MCHALES NAVY 1 4 5 38 1 17 38 10 38 4 13 1 16 13 5 1 5 VARIOUS 4 22 37 42 1 14 4 1 25 12 2 32 14 8 43 27 1 45 2 6 1 10 3 1 19 1 VAR IOUS 5 26 32 46 1 30 7 2 32 18 2 27 15 7 34 26 14 11 2 ALL MY CHILD 4 20 8 19 1 10 5 1 11 12 1 11 12 1 6 7 14 2 1 16 7

3 43 4 16 3 24 4 20 1 4 .19 1 808 NEWHART 2 8 50 6 25 1 7 25 8 25 1 13 25 7 2 9 TO LIVE 28 6 15 6 12 8 12 8 12 4 2 36 4 2 39 12 1 37 4 LIFE 6 ANOTHEA BALD 2 14 10 29 8 1 12 14 1 16 14 1 7 14 8 AS WRLD TRNS 2 11 11 25 2 2 1 2 26 25

1 1 30 11 21 48 1 23 21 1 23 33 1 23 28 2 17 14 9 1 14 20 8 4 6 5 2 3 2 1 10 1 24 7 BEWITCHED 2 11 9 20 1 14 13 1 13 20 1 13 13 3 1 25 7 20 14 11 2 PEOPLES CAT 4 18 16 16 1 22 9 1 17 9 1 14 7 2 16 5 1 40 5 2 25 ANOTHEA WRLD 2 11 8' 21 2 7 14 7 14 1 9 7 4 WINFRY 7 34 36 2 6 9 7 9 2 15 18 3 9 OPRAH

1 1 13 20 1 23 11 1 20 48 1 22 21 1 22 33 1 22 28 2 16 14 9 7 3 5 4 2 3 2 1 23 1 18 8 VARIOUS 2 10 9 23 1 14 8 1 13 23 1 13 15 3 1 24 8 9 18 1 23 5 PEOPLES CRT 3 18 1 17 18 1. 22 8 1 18 10 1 15 8 2 15 5 1 40 5 2 28 7 VARIOUS 2 11 8 23 2 7 15 7 8 1 10 8 6 3 8 8 4 10 8 10 VARIOUS 6 34 1 9 30 2 7 10 7 10 1 14 20 2

3 26 1 12 26 1 1 MOV GATS NET 3 67 4 33 3 33 2 33 1 8 33 3 INTO THE NGT 2 26 24 44 2 28 28 1 23 33 1 12 17 2 30 17 1 19 6 14 6 41 7 TRUMP CARD 2 22 11 21 7 7 1 11 14 10 14 1 14 7 11 7 12 7 3 14 LOVE BOAT-8 1 10 9 43 1 9 29 1 11 43 1 13 29 2 I 31 29

9 48 1 7 20 2 7 20 6 15 28 2 15 8 2 2 3 1 5 NBC SAT NEWS 5 15 2 1 50 1 1 19 50 6 3'0 NEWS-SAT 9 27 22 110 6 51 4 27. 70 4 22 60 8 22 40 CBS 60 COL FTBL 3 8 9 100 2 8 60 2 7 60 5 13 60 ABC CHRLS N CHAG 1 2 6 100 2 25 2 25 3 11 100 1 3 1 5 25

47 27 30 3 7 45 3 14 20 3 11 35 2 8 24 2 4 9 6 23 21 7 27 8 11 5 9 6 2 5 12 8 12 40 100 15 47 67 DFRNT STRK-S 4 7 1 4 29 1 6 13 1 6 21 5 13 1 3 4 8 29 29 1 2 3AKLTX EV NW 16 26 10 28 67 3 14 13 5 18 25 7 22 23 20 38 38 2 9 3 1 3 3 3 4 KSLA NW 12 6 13 21 7 21 62 5 21 14 6 20 28 7 23 30 12 21 30 2 9 4 3 11 10 2 7 2 9 11 2 8 6 NEWSCTR-6 6 13 22 7 19 69 4 18 17 7 26 47 7 23 42 6 . 11 19 4 15 8

32 46 3 1 5 16 50 GRAHAM KERR MORN AMER 5 30 24 33 GD SHOW 3 17 31 60 TODAY ARR&(an% PAGE 206 NOVEMBER 1990 ADI Program Totals

ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS

MARKET NAI¹E SIGN ON/SION OFF SHARE ADI DAY/TIME/TELECASTS CALL CH NO LEAD-IN PROGRAM TV HOUSEHOLDS WOMEN 18+ WOMEN 18-34 WOMEN 18%9 WOMEN 25-54 WOMEN 55+ TSA (000) LETTERS AFFIL TITLE RTG SHR RTG RTG SHR VPHH RTG SHR PH RTG SHR VPHH RTG SHR VPHH RTG SHR PHH COMPETING PROGRAMS IDX IDX SIOUX CITY 11S/S AVG& 7:30A& BT/C KMEG4 14 C 13 55 144 1 22 88 I 16 22 10 24 10 15 3 33 64 TSA(000) 3 2 I I 2 VARIOUS 10 1 14 50 I 14 1 12 50 9 1 16 50 VARIOUS KCAU+ 09 A VARIOUS 24 2 28 67 I 24 17 1 23 17 23 17 3 30 33 VARIOUS KTIV 04 N VARIOUS 24 1 13 33 4 6 2 19 17

SIOUX FLL-MITCHL 25S/S AVG 12:OON& 3T/C KSFY+ 13 A 2 7 79 78 2 15 84 I 5 15 2 13 47 14 47 3 21 36 TSA(000) 6 5 1 3 3 2 VARIOUS 2 6 I 9 75 4 25 4 25 3 25 2 15 50 VARIOUS KELO+ 11 C VARIOUS 18 53 7 43 40 6 43 10 7 45 19 47 19 7 38 17 NFL GAME I KDLT 05 N VARIOUS 3 7 I 5 33 I 5 17 3 17 4 17 I 9 17 VARIOUS KTTW+ 17 F VARIOUS

STH BEND-ELKHART 2S/S M-F 5:OOP 20T/C WHME+ 46 I 2 6 62 67 I 4 56 2 9 29 1 7 43 6 38 I 3 12 TSA(000) 7 4 2 3 3 I DISNEY AFTRN 3 12 2 8 I 5 8 3 8 1 8 I INSIDE EDITN WSBT+ 22 C OPRAH WINFRY 10 30 9 36 91 3 14 11 4 22 29 26 31 18 52 57 COSBY SHOW-S WNDU+ 16 N WHO BOSS-S 8 25 6 24 74 8 45 33 6 35 48 30 41 4 12 19 TRUMP CARD WSJV4 28 A HWY HEAVEN 2 6 2 8 100 1 3 14 1 4 14 6 29 4 11 71

STH BEND-ELKHART 28/S AVG 5:OOP& 22T/C WHME+ 46 I 2 5 59 56 1 4 57 2 9 28 1 6 41 6 37 1 3 14 TSA(ODO) 7 4 2 3 2 I VARIOUS 3 11 2 9 1 ¹ 9 2 9 1 9 I VARIOUS WS8T~ 22 C VAR IOUS 10 30 9 36 88 3 14 12 4 23 26 27 32 17 50 56 COSBY SHOW-S& WNDU+ 16 N VARIOUS 8 25 6 25 74 8 44 33 6 3¹ 48 30 41 4 13 19 VARIOUS WSJV+ 28 A VARIOUS 2 6 2 8 100 1 3 14 1 4 14 6 29 4 11 57 SPGFLD-DCT-CHMPG 58/S M-F 10:OOP 20T/(9 WRSP+ 55 F 1 2 38 22 1 2 87 2 6 63 2 4 81 1 2 42 TSA(000) 4 3 3 GUNSMOKE 3 5 2 5 80 2 6 30 2 5 50 2 5 50 3 20 M-F 10:OOP 20T/C WRSPA 55 F 1 3 48 33 1 3 83 2 7 58 2 5 76 1 3 42 3 TSA(000) 5 4 3 4 2 GUNSMOKE 7 3 6 71 3 7 29 3 7 50 3 7 43 4 21 LATE NEWS Wl CBA 20 N VARIOUS 15 29 13 31 89 11 33 26 10 29 43 11 28 39 17 33 41 CH 3 NEWS 10 WCIA+ 03 C VARIOUS 15 30 12 29 79 8 24 18 9 26 11 29 40 17 34 35 WAND NW NTCT& WAND+ 17 A VARIOUS 10 20 8 20 81 7 21 25 7 21 44 8 22 42 10 19 31 TALLHSE-THMSVLLE BS/S M"F 5:30P 19T/C WTXL+ 27 A 2 6 72 67 1 5 57 2 10 40 1 7 46 2 8 43 1 3 II TSA(000) 4 3 2 2 GRWNG PAIN-S 1 4 I 4 67 1 8 33 1 6 33 1 6 33 1 EYEWITN 530 WCTV 06 C COSBY SHOW-8 17 4/ 12 51 79 9 39 21 10 45 37 10 48 34 19 59 37 ALF"8 WTLH+ 49 F TNAGE TURTLS 2 7 1 4 40 2 9 20 1 7 40 1 5 20 TRUMP CARD WTWC+ 40 N JOKERS WILD 1 TAMP-ST.PET(SAR) 58/8 M-F 2:OOP 20T/C WFTS+ 28 F 3 21 33 2 60 1 3 20 2 25 3 36 2 24 TSA(000) 9 6 2 2 3 2 GUNSMOKE 4 1 3 57 2 14 2 14 2 14 1 3 43 AS WRLD TRNS WTVT 13 C YNG-RESTLESS 27 6 31 101 5 26 20 5 32 46 29 38 7 33 55 LIFE TO LIVE WTSP 10 A ALL MY CHILD 18 4 20 91 6 33 35 4 24 50 26 52 3 13 31 ANOTHER WRLD WFLA 08 N DAYS LIVES 18 4 20 98 3 16 19 3 21 42 21 42 4 20 51

TERRE HAUTE 68/8 M-F 9:OOA 18T/C WBAK+ 38 A 6 38 67 1 8 107 4 9 1 8 50 9 50 2 8 57 TSA(000) 2 2 1 1 I GD MORN AMER 10 2 13 100 5 1 7 33 13 33 3 14 67 DONAHUE WTWO 02 N TODAY SHOW 29 5 34 100 3 36 18 4 29 45 25 45 7 39 55 REGIS KATHIE WTHI 10 C CBS THIS MRN 20 3 24 100 4 45 33 3 28 50 25 50 4 21 50 WACO-TEMPL-BRYAN 7S/S M-F 9:OOA& 36T/C KWKT+ 44 F 5 31 56 1 5 76 I 12 56 1 9 66 7 43 I 9 TSA(000) 2 2 I 2 1 WOODY WDPCK& 7 1 6 50 I 12 25 1 10 50 8 25 I FAMILY FEUD & KWTX 10 C CBS THIS MR& 19 2 16 71 I 10 21 1 9 29 11 29 5 23 36 LETS MK DEAL& KCEN 06 N TODAY SHOW & 17 3 23 100 2 20 36 2 15 45 13 36 7 33 55 DONAHUE KXXV+ 25 A GD MORN AME& 14 2 16 86 2 17 29 2 20 57 22 43 2 12 29

WASHINGTON, DC 14S/S M-F 10:OOA 36T/C WTTG 05 F 14 100 156 1 10 52 2 14 24 1 13 37 11 32 1 6 )2 TSA(000) 60 31 14 22 20 8 I LOVE LUCY 15 2 12 63 3 19 33 2 17 51 15 44 1 6 ll SALLY J RPHL WUSA 09 C DONAHUE 26 4 31 86 3 27 24 3 25 37 27 39 9 37 4" LETS MK DEAL& WRC 04 N QUIZ KIDS 15 2 16 82 1 9 13 1 12 33 14 34 5 21 45 JOAN RIVERS WJLA 07 A GERALDO 11 2 13 83 1 12 24 1 11 40 12 40 4 15 38

WCHTA FLLS-LWTON 98/9 M-F 12:OON& 21T/C KJTL0 18 F 4 45 44 1 3 70 1 5 31 1 5 51 1 7 51 1 2 17 TSA(000) 2 2 1 1 1 JOAN RIVERS& 4 1 3 50 1 3 1 3 3 1 4 50 ALL MY CHILD& KSWO 07 A JOKERS WILD& 24 7 24 80 11 42 40 8 37 60 6 31 40 5 13 20 PAGE 207 ARS~u&rV ADI Program Totals

(CONTINUED) ANDY GRIFFITH SHOW SYNDICATED PROGRAM ANALYSIS ADI LEAD OUT MEN 55+ TEENS 12-17 CHILDREN 2-11 CHII.DREW 8-1 1 MEN 18+ MEN 18-34 MEN 18%8 MEN ~ PROGRAM TITLE SI% VPHH RTQ SI% VPHH RTG SI% VPHH RTG SI% VPHH RTQ 81% VPHH RTQ SI% VPHH RTG SI% RTQ SI% VPHH RTQ SI% VPHH RTQ 0 tO 8 3 1 6 21 1 7 15 17 34 12 5 1 21 20 1 18 20 1 17 13 1 1 1 1 3 1 I VARIOUS 2 12 18 50 1 15 50 I 15 50 2 22 50 3 17 17 2 16 33 2 15 17 VARIOUS 4 25 27 50 17 1 21 17 1 18 17 2 34 33 67 6 38 33 VARIOUS 3 18 13 17 7 9 1 15 17 1 30 17 6 37 0 Q2 2 7 34 1 5 13 1 7 10 1 12 12 2 13 12 1 6 52 1 4 1 5 26 TA 3 2 2 1 1 1 1 1 I 9 VARIOUS 3 9 1 1 7 25 I 6 50 I 7 50 1 6 25 1 4 25 7 6 75 49 17 63 85 17 66 31 16 63 50 16 60 44 17 60 27 10 53 13 3 37 10 6 44 8 VARIOUS 17 1 I VARIOUS 3 9 1 5 50 2 4 17 1 5 33 1 5 33 2 6 17 VARIOUS 1

3 19 3 11 3 11 1 3 8 3 12 3 10 64 3 9 35 1 1 1 1 1 5 3 2 8 3 2 8 3 8 2 4 17 25 9 36 108 11 39 75 DICK VN DYKE 2 7 34 46 2 20 9 3 28 17 4 32 20 11 43 26 2 11 3 1 4 6 2 5 3 EYEWITN NW 1 13 34 22 41 4 38 19 4 30 26 3 24 22 4 14 11 8 52 22 8 29 41 10 34 30 LIVE AT 530 8 23 7 57 2 1 6 29 1 7 29 2 10 29 1 2 7 43 3 11 29 THE CHLLNGRS 2 6

3 20 3 12 3 12 I 2 7 3 12 3 10 62 2 9 34 1 1 1 1 1 4 2 2 9 2 2 9 3 9 3 3 16 27 8 35 109 10 37 82 VARIOUS 2 6 34 47 2 21 9 3 29 21 4 32 21 11 42 26 2 13 6 1 4 6 2 5 3 VARIOUS 12 34 23 44 4 38 19 4 30 26 3 24 22 4 17 15 8 50 22 8 30 41 10 34 30 LIVE AT 530 8 24 7 57 2 1 6 29 1 7 29 2 10 29 1 2 7 29 3 10 29 VAR I OUS 2 6

1 2'5 1 3 30 1 3 49 1 3 50 1 5 4 7 2 1 2 2 ''2 2 5 80 1 4 20 2 5 40 2 6 50 3 5 20 1 5 10 1 14 20 1 10 10 ARSENIO HALL 5 1 2 55 1 4 29 1 3 48 1 4 50 1 5 4 5 5 7 4 2 3 2 3 3 3 7 71 2 5 21 2 6 43 3 8 50 3 6 14 2 9 14 2 17 14 1 12 7 ARSENIO HALL 2 7 10 27 67 9 29 22 9 27 39 10 25 35 14 29 24 2 22 2 32 4 1 25 2 TONIGHT SHOW 7 21 10 28 66 7 24 19 9 27 39 11 29 40 14 28 23 4 29 3 1 13 2 1 20 2 MASH-S 9 29 8 20 69 5 '8 22 6 18 39 8 20 42 11 23 25 3 22 6 2 29 6 1 27 3 LOVE CNCTN 6 20

2 11 83 2 13 '5 2 12 54 2 12 49 3 9 27 2 8 21 3 13 52 4 16 44 4 2 2 2 1 1 2 2 7 ,1 5 33 1 7 33 1 6 33 1 5 33 1 3 I 4 2 10 67 3 10 33 NEWSCENTR 27 4 9 47 55 6 39 16 6 41 24 7 45 21 18 55 29 4 14 5 4 18 11 5 21 6 EYEWITNS NWS 32 63 A-TEAM 5 1 6 40 2 12 40 1 9 40 2 10 40 1 5 18 40 3 15 60 3 14 40 3 .2 100 1 1 1 4 1 NEWS 40 1 I

5 60 2 4 3 16 4 19 1 6 40 3 3 5 2 6 2 2 4 7 57 1 4 7 6 14 1 8 43 3 7 POL ICE ACDMY 2 14 18 1 11 3 9 4 I 9 4 2 18 14 I 28 3 I 23 4 1 27 1 AS WRLD TRNS 6 28 14 30 3 38 17 2 22 19 2 23 19 1 9 11 1 16 2 7 2 7 LIFE TO LIVE 4 19 WRLD 19 13 25 8 2 1 17 11 1 17 11 1 11 13 I 35 4 1 24 6 13 2 ANOTHER

14 73 11 5 1 14 27 1 12 24 2 13 43 13 2 I 1 4 16 67 10 1 22 33 1 23 33 2 12 33 13 WEBSTER-S 1 DONAHUE 28 30 27 15 1 20 9 I 17 9 5 36 18 14 1 9 9 5 8 17 5 8 1 9 17 7 REGIS KATHIE 4 21

5 36 1 21 28 10 31 4 11 1 5 2 19 68 16 6 I 1 1 2 3 25 9 8 25 4 I 3 26 75 1 33 25 A GRIFFITH 2 I 3 DY 4 22 23 43 16 14 11 21 1 10 14 5 35 29 1 11 7 1 29 7 WHL FRTNE 14 27 4 6 9 5 9 4 24 18 1 15 9 7 CLSC CNCNTRN 3 16 7 14 13 10 14 I 15 14 2 1 5 DONAHUE 3 14

2 26 54 2 39 27 2 29 36 2 31 30 2 20 14 3 1 6 6 16 2 33 17 22 18 9 1 2 LAVRN-SHIRLY 3 13 1 16 31 1 24 14 1 21 24 1 23 21 1 8 7 1 32 9 1 12 11 1 23 4 RGT1 26 2 22 29 1 15 6 1 23 18 1 20 13 3 24 11 2 50 8 1 6 4 10 2 PRCE IS 5 TRTH 2 II 1 14 31 1 13 9 1 12 15 9 10 2 19 13 2 49 9 1 13 12 1 29 4 TO TELL CHLLNGRS 2 IO 7 19 1 4 7 6 10 1 10 10 8 2 2 2 9 2 THE

2 29 2 '8 3 16 I 6 21 1 7 5 3 1 10 23 1 21 23 1 1 1 3 2 3 2 1 4 2 3 6 HPY DAYS AGN 50 27 19 40 5 30 20 4 31 33 2 24 20 2 6 7 1 13 1 16 7 1 20 ALL MY CHILD 8 ARQPr&arV PAGE 208 - NOVEMBER 1990 ADI Program Totals

ANDV GRIFFITH SHOII SYNDICATED PROGRAM ANALYSIS

MARKET NAME ADI 8ION ON/8IQN OFF SHARE IME/TELECASTS CALL CH NO LEAD-IN PROGRAM TV HOUSEHOLD6 WOMEN 18+ WOMEN 18-84 WOMEN 18&8 WOMEN 25-84 WOMEN 55+ TSA (000) LETTERS AFFII. TITLE RTQ SHR RTO BHR VPH RTQ SIEI PH RTQ SHR VPH RTQ SI% PH RTQ SHR PHH C PETINQ PROGRAMS DX IDX IICHTA FLLS-LWTON 9S/S &CONTINUED) NOON IIEA/NIIS& KFDX 03 N INSIDE EDIT) 8 22 6 23 92 3 13 17 4 17 33 4 23 33 11 28 58 MIDDAY NEWS KAUZ 06 C YNG-RESTLES) 6 19 6 21 100 5 20 30 4 19 40 3 15 30 9 23 60

IICHTA FLLS-LIYTON 9S/S AVG 12:OON) 23T/C K JTL% 18 F I 4 48 44 1 4 75 I 5 28 1 5 44 I 7 45 1 3 28 TSA(000) 2 2 1 1 1 I VARIOUS 1 4 1 4 100 1 4 1 3 50 3 2 6 50 VARIOUS KSIIO 07 A VARIOUS 8 24 6 24 86 10 41 43 8 36 57 6 31 43 5 12 21 VARIOUS KFOX 03 N VARIOUS 7 21 6 23 83 3 12 17 3 17 25 4 22 33 11 27 50 VARIOUS KAUZ 06 C VARIOUS 6 19 6 21 100 5 20 30 4 19 40 3 15 30 9 23 50

YAKIMA 10S/S AVG 4:30P) 7T/C KNOO+ 23 N 2 7 69 78 2 10 96 1 8 17 1 6 25 1 5 20 5 17 70 TSA(000) 3 3 1 1 1 2 VARIOUS 4 14 2 11 57 1 4 1 5 14 1 4 14 6 22 43 AVG 4:30P& 7T/C KNDOA 23 N 3 10 100 111 2 13 81 1 8 12 1 6 17 1 10 28 5 17 49 TSA(000) 5 4 1 1 1 2 VARIOUS 7 22 4 17 55 2 12 9 2 11 18 2 12 18 7 26 27 VARIOUS K IMAA 29 C VARIOUS 7 23 4 18 62 3 21 15 4 22 31 4 21 31 5 15 15 VARIOUS KAPPA 35 A VARIOUS 3 10 4 18 140 2 18 40 2 9 40 2 12 40 9 28 80 VAR IOUS KCY A 53 F VARIOUS 2 6 1 4 33 2 33 1 4 33 2 6 33

PAGE 209 ADI Program Totals

&CONTIRUEDI SYNDICATED PROGRAM ANALYSIS ANDY ORIFFITH SHOII

ADI LEAD OUT LEAD OUT ADI TV HH '18-84 MEN MEN MEN 55+ TEENS 12-1 7 CHILDREN 2-11 CHILDREN 8-11 MEN 18+ MEN 1~9 2IHM PROORAM TITLE O

RTO SHR VPHH RTO SIBI VPHH RTO BHR VPHH RTO SHR VPHH RTO SKI VPHH RTO SISI VPHH RTO SIBI VPHH RTO SHR VPHH RTO SISI U 0 tQ

4 25 58 2 12 8 1 14 17 2 21 17 11 35 42 1 33 I 11 8 I 12 DAYS LIVES 8 28 N 4 21 60 2 16 20 2 15 20 1 10 10 9 27 30 3 5 4 BOLD-BEAUTFL 5 15 3

1 3 37 2 11 2 18 1 5 23 1 3 14 5 3 1 10 22 1 18 20 0 1 1 1 1 5 50 3 3 50 4 1 6 50 6 3 6 VARIOUS I 5 3 18 43 4 29 21 4 30 36 2 22 21 2 7 7 1 12 1 15 7 1 19 VARIOUS 8 26 4 23 50 1 11 8 1 12 17 2 19 17 11 33 33 1 27 I 10 1 11 VARIOUS 8 26 4 21 60 3 17 20 2 16 20 1 12 10 9 26 30 3 5 4 VARIOUS 5 16

1 5 54 1 3 9 2 9 1 3 17 3 9 37 3 8 2 1 1 3 11 71 1 6 14 2 9 29 2 10 29 6 18 43 1 8 3 VARIOUS 3 8 2 8 63 1 3 6 1 3 11 1 26 5 12 37 3 5 3 1 1 2 5 19 73 3 15 18 4 16 36 4 18 36 9 28 36 3 24 9 1 8 9 1 8 9 VARIOUS 5 14 7 28 92 5 27 23 5 28 46 5 24 38 11 30 46 3 31 8 3 17 15 4 18 8 VARIOUS 13 34 2 7 60 1 5 20 1 6 20 2 7 40 3 8 20 1 5 1 VARIOUS 3 8 1 4 67 2 10 33 1 6 33 2 7 67 1 1 1 VAR I OUS 1 4

PAGE 210 PBS EXHIBIT

PHASE I REPORT FOR 1990, 4-CYCLE STUDY, SUMMARY INCLUDING PBS

TOl~ LQ&L QMlEQ Qg)QQS SQQFLTT PQS ~TH QH g 8D6,263 99,108 385,163 17,977 77,825 9,588 215,040 1,562 QH,% 100.000% 12.292% 47.771% 2.230% 9.653% 1.189% 26.671% 0.194%

HHVH 2,053,003,004 117,001,339 1,085,325,466 3,573,371 570,954,418 212,214,732 63,794,210 139,468 HHVH, % 1DD.000% 5.699% 52.865% 0.174% 27.811% 10.337% 3.107% 0.007%

Source: Exhibit. NEK-8 CARL PYR IGHT DISTRIBUTION PROGRA . MO IkG BY STATION ON PICTURE ASSOCIATION OF AMERICA PAGE 638 **o** CABLE DATA CORPORATION / 1989 DISTRIBUTION SLYMA RY STATISTICS o**** 09/03/91

TOTALS TYPE: 1 2 3 ALL TYPES LOCAL SYN-SER IES DEV-SERIES MAJOR 5 6 MOVIES SPORTS OTHER TOTAL QUARTER HOURS TOTAL 890 y 386 113e894 465e224 QHRS 100 ~ 36& 586 1021276 000 12 ~ 792 52 10e708 217 161 ~ 481 '50 4ol09 11 F 487 1 ~ 203 ~ 024 18 '36 TOTAL HCUSEHOLD HOURS 2~593'14'31y y 1 118q268y1 llew TOTA L HHRS 31 le380e076e452 5e589e086 100 ~ 000 4 ~ 559 707e284e527 328e391e280 832e 513 53 204 ~ 215 27 53'72'41 '67 12 660 ~ 032 2 '61

QHRS AS X OF ALI QHRS 100 F 000 ~ HH HOURS AS X OF ALL 12 791 52 ~ 249 HH HOURS 100o000 4ol09 486 ~ 4 ~ 559 53o 204 Oo215 27.267 1 202 Oo 024 18 136 12 ~ 660 0 '32 2 '61

MA JOR SPORTS BASEBALL BASKETBALL FOOTBALL HOCKEY SOCCER COL o BSKT COL ~ FOOT OTHER TOTAL QUAR TER HOURS 5e558 MAJOR SPCRTS QHRS 1 t 729 97 51 ~ 905 16 681 '47 ~ 906 6o 360 1% 788 843 12 16o 698 7 '73 TOTAL HOUS =HOLD HOURS 1 81 e 519 & 753 MAJOP SPORTS 130 y 642 y 993 HHRS 55 275 39 349'61 2e857e305 0 '83 o106 o 870 3e786e360 9e155 ~ 375 80y031 1 ~ 153 2 '88

Source: 1989 P.S. Exhibit. 1 PBS Exhibit

1990 CARRIAGEI SUBSCRIBERSI AND FEES-GENERATED BY U ~ S ~ FORM 3 CABLE SYSTEMS AUG 11 1993 (C) CABLE DATA CORPORATION PAGE 8

IN SEQUENCE BY FULL-TIME DISTANT SUBSCRIBERS'UP R STATIONS FIRST CALL STA CH CITY ST SIGN TYPE

90-1 90-1 90-1 90-2 90-2 90-2 1990 AVG 1990 AVG AVG 1990 TO T OF FTD SYS FTD SUBS FEE GEN FTD SYS F TD SUB S FEE-GEN FTD SYS FTD SUBS SUBSCR- FEE-GEN CR-FEES I N C I 0 IJI 7 S GENRiTD WPX I N 11 PITTSBURGH PA 000000015 000102681 000020532 000000015 000106344 000023473 000000015 000104512 000044005 ~ 03 K DIN N OI3 PORTLAND OR 000000011 000109882 000020086 000000012 000098312 000017448 000000011 000104097 ~ 08 CCOC37534 ~ 02

KARK N 04 LITTLE ROCK AR 000000010 000092496 000013917 000000011 000109645 000032132 000000010 000101070 0000 460 49 ~ 03 KATU N 02 PORTLAND OR 000000011 000099802 000018503 000000012 000099908 000019411 00000001 1 000099855 ~ OR 0000 3 7914 ~ 02 WHSP I 65 VINELAND NJ 000000001 000023610 00000872 1 000000001 0001 74628 000067329 00000000 1 000099119 0000 760 50 ~ 05

KATV N 07 LITTLE ROCK AR 000000011 00009130 7 0 000 3441 3 000000012 000105864 000040600 000000011 000098585 08 0000750 13 ~ 05

KSL N 05 SALT LAKE CI TY UT 000000013 000120540 000021802 000000009 0000 76588 000013276 00000001 1 000098564 F 08 0000350 78 ~ 02 KSNT N 27 TOPEKA KS 00000000 3 000097212 00001210 0 000000002 000097726 000012139 000000002 OC0097469 F 08 000024239 ~ 01

KGW N 08 PORT LAND OR 000000012 000102817 000019959 000000011 000091446 000017323 000000011 000097131 F 08 0000 372 82 ~ 02 WVTV I 18 MILW AUKEE WI CD000000 6 000091943 0000 7530 0 000000006 000095609 000081797 00000000 6 000093776 ~ CA 0001570 97 ~ 09

KMBC N 09 KANSAS CITY MO 000000013 000091056 000016828 000000013 000095323 000016550 00000001 3 00009318'9 F 08 0000 333 78 ~ 02 WTVS E 56 MI ooaaooaa 5 000094194 000007940 000000004 000092067 000007838 000000004 000093130 F 08 0000 1'57 78 ~ Dl WWLP N 22 SPRINGFIELD MA 000000005 000096519 000020371 ooooonoo5 COOCA940 3 000016601 000000005 000092961 ~ 08 0000 36972 02

KUTV N 02 SALT LAKE CITY UT 000000013 000114935 000020739 000000009 000070937 000012518 000000011 000092936 ~ 03 CCOC 33257 02 WXYZ N 07 DETROIT MI 000000005 000033363 000020453 000000005 000151841 000038742 000000005 000092602 ~ ". 7 0000591 95 ~ 04 CHCH I 11 HAMILTON ON 000000010 0001D 3380 0 0011'I64 0 00000000 7 000078674 DDOD44747 000000008 000091027 ~ 07 0001 59387 ~ 10 I 0

SUBSCRIBERS AND FEES-GENERATED BY U ~ ST FORM 3 CABLE SYSTEMS 1990 CARRIAGES PAGE 9 AUG 11 1993 (Ct CABLE DATA CORPORATION IN SEQUEIIjCE BY FULL- TIME DISTANT SUBSCRIBERS% SUPER STATIONS FIRST

CALL ST A CH CITY ST SIGN TYPE 90-1 90-1 90-1 90-2 90-2 90-2 1990 AVG 1990 A VG X AVG 1990 TO T X OF FTO SUBS FEE-GEN FTD SYS FTD SUBS FEE-GEN FTD SYS FTD SUBS SUBSCR- FEE-GEN CR-FEES FTD SYS INCIDNTS GENRE TD

WC DC N 19 ADAMS MA 000007944 000000001 000109043 000008684 00000000 1 000089993 ~ 07 0000 16628 mal 000000001 000070943 I

WJAR N 10 PROVIDENCE RI 000000009 000129053 000036984 000000006 000050823 000028663 000000007 000089938 F 07 0000 65647 ~ 04

WTAE N 0 PITTS UR H PA 000000012 000085246 030077274 000000014 000094683 000019620 000000013 000088964 ~ 07 000036894 ~ 02

WV IT N 30 NEW BRITAIN CT 000000004 000080051 000014316 000000005 000094597 000013733 00000000 4 000087324 ~ 07 0000 280 49 o02 WP TT I 22 PITTSBURGH PA 000000011 000083942 000045290 000000013 000089983 000069521 000000012 000086962 F 07 000114811 ~ 07

KSDK N 05 ST LOUIS MO ~ ~ 02 000000011 000086330 00001662 3 aoooooo11 000086088 000016251 00000001 1 000086209 07 000032874 WVTM N 13 BIRMINGHAM AL e02 000000007 000084408 000012573 000000007 000084247 000013807 00000000 7 000084327 ~ 07 0000 26380

KAET E 08 PHOENIX AZ 000000010 000081043 000015696 000000010 000087209 000016191 000000010 000084126 ~ 07 000031887 ~02

KCPT E 19 KANSAS CITY Ma 000000009 000081697 000015141 000000009 000082256 000014814 000000009 000081976 i 07 000029955 i02 PORTLAND-POL AND SPR ME WMTW N 08 ~ 01 000000007 000081760 000013459 000000007 000081774 000009934 000000007 000081767 ~ 07 0000 23393 KTXH I 20 HOUS TON TX 000000008 000089113 000060033 000000006 000074057 000051520 000000007 000081585 ~ 07 000111553 ~ 07 WGBX E 44 BOSTON MA F04 000000004 000083566 000033786 000000004 000077870 000037776 000000004 000080718 F 07 0000 71562 KMrX ANGELES CA I 34 LOS ~ 07 000000003 0000 74160 0000 56445 000000003 aoo08377o oooo6o434 ooaooooo 3 oooo78965 ~ 06 000116879 KPLR I 11 ST LOUIS Ma 000000012 000078527 000070507 000000012 000077189 000069981 000000012 000077858 .a6 000140488 ~ 08 ROCK AR KTHV N 11 LITTLE ~ 02 000000008 000077157 '00011891 000000008 00007780 4 000013019 00000000 8 000077480 ~ 06 000024910 CK WS I 11 KINGSTON ON oaoaaooo4 0000 75854 0000 71958 000000004 000076199 000078885 00000000 4 0000 76026 ~ 06 000150843 i09 BY U ~ S ~ FORM 3 CABLF SYSTEMS 1990 CA RRIA GEe SUBSC" IB ERST AND F EES-GENTLED PAGE (C) CABLE DATA AUG 11 19 CERATION ST AT IONS FIRST Ihl SEQUENCE BY F ULL- TIME 0 IS TANT SUBSCRIBERS'UPER

CALL ST A CH CITY ST SIGN TYPE OF 1990 AVG X AVG 1990 To T 90-1 90-2 90-2 90-2 1990 AVG SURSCR" FEE-GEN CR-FEES 90-1 90-1 SUB S FEE-GFN FTD SYS FTD SUBS FTD SYS FTD SUBS FEE-GEN FTD SYS F TD INC IDNTS GENRE TD

AL ~ 01 WBRC N 06 BIRMINGHAM 000000004 000075882 ~ 06 000016360 000000004 000079444 000009365 000000005 000072320 000006995 TX ~ 02 KXAS N 05 FORT WOR TH 000000009 000075048 ~ 06 000025542 000000009 000074869 000012722 000000009 000075228 000012820 GA ~ 07 WATL I 36 ATLANTA ODO000008 000074448 .oe oooio9619 000000D09 OD0088243 000060630 OD0000008 000060654 000048989 CT 000089788 ~ 05 WHCT I 18 HARTFORD 000089054 000054040 000000003 000074335 ~ 06 00000000 3 000059616 000035748 000000004 TX ~ 05 KHTV I 39 HOUSTON 000044767 000000007 000073097 ~ 06 000083217 00000C007 000070104 OC0038450 000000007 000076090 KY ~ 07 WDRB I 41 LOUISVILLE 000000010 000073081 F 06 000121875 000000011 000075352 000059677 000000010 000070810 000062198

A RBAR A CA 000035933 ~02 KEYT N 03 SANT BA 000071980 00001 7730 00000000 3 000071589 ~ 06 00000000 3 000071198 000018203 DCOCC0003 MO 000015889 ~ 01 KQTV N 02 ST JOSEPH 000007809 00000000 1 000071116 F 06 OCOOOOOOI CC0070745 OC0008080 000000001 000071487 PE F 01 WHYY E 12 WILMINGT ON 00000000 4 000071054 ~ 06 000021833 000000004 000071425 000010446 OOOOC0004 000070683 000011387 TN ~ 01 WSMV N 04 NASHVILLE 00000000 5 000070547 ~ 06 000022821 Ci'0000005 000071753 000011305 000000005 000069341 000011516 F01 WTVF 05 NASHVILLE TN 000008334 000000005 000070547 ~ 06 000016612 OCOOOODO5 000071753 ODOCOR278 000000005 000069341 MI 000007542 F 00 WOTV N 41 BATTLE CREEK 00000000 3 000069985 ~ 06 Oin0000004 000071867 000003822 000000003 000068104 000003720 PA 000022961 ~ 01 WQED E 13 PITTSBURGH 0000 12170 00000000 4 000069962 F 06 COOOOOOO4 0n00066537 000010791 oooooooo5 000073388 DC 0000 24950 ~ 02 WUSA N 09 WASHINGTON 73678 000014801 000000007 000069956 F 06 C0000000 7 000066235 '300010149 DOD000008 0000 NJ OOD103'926 ~ 06 WXTV I 41 PAT RSON 000051778 000000006 000069242 F 06 OOOOCOOOG 300068636 000052148 000000006 000069849 TN 000120699 +07 W7TV I 17 NASHVILL 000056542 000000013 000068642 ~ 06 "CO 0:30014 "00069005'300064157 OOOOOC012 000068280 1990 CARRIAGE ~ SUBSCRIBERS ~ ANO FEES-GENERATED BY U ~ S ~ FORM 3 CABLE SYSTEMS AUG 11 1993 (C) CABLE DATA CORPORAT ION PAGE 11

IN S)QUENC E BY F ULL- TIME DISTANT SUBSCRIBERS y SUPER STATIONS FIRST

CALL ST A CH CITY ST SIGbl TYPE

90-1 90-1 90-1 90-2 90-2 90-2 1990 AVG 1990 AVG AVG 1990 TOT X OF FTD SYS FTO SUBS FEE-GEN FTD SYS FTD SUBS FEE-GEN F TO SYS FTO SUBS SUBSCR- FEE-GEN CR-FEES INCIDNTS GENRE TD

WMUR N 09 MANC HEST ER NH 000000005 000095136 000017816 000000005 000040300 000007318 000000005 000067/18 05 0000 25134 ~ 02 WCCB I 18 CHARLOTTE NC 000000010 000060842 000084888 000000011 000073319 000096821 000000010 000067080 ~ 05 0001 81709 F 11

KWTV N 09 OKLAHOMA CIT Y OK 000000007 000060042 000009247 000000008 000073345 000011203 000000007 000066693 ~ 05 000020450 ~ 01

KLRN E 09 SAN ANTONIO TX QQQQ QQQO 7 QOOQ65121 QOQ013513 aooooooa 7 000067652 000013573 000000007 000066386 ~ 05 0000 27086 ~ 02

KTCA E 02 ST PAUL MN 000000011 000065742 000013042 000000010 000066693 000013162 000000010 000066217 ~ 05 0000 26204 ~ 02 KSCI I 18 SAN BERNARDINO CA 000000002 000065763 000056378 000000002 000066449 000061491 000000002 000066106 ~ 0 5 000117869 F07

WJBK N 02 DEIROIT MI 000000001 000005541 00ioo 00987 000000003 000126294 000021282 000000002 000065917 ~ 05 000022269 01

WYTV N 33 YOUNGSTOWN OH QQQQQQQQo 0QQ064683 aaaa10582 000000009 000066339 000010863 0000 00009 000065511 ~ 05 0000 21445 F 01

WLWT N 05 C INC INNA 7 I OH 000000007 oa 0 064917 o 0001906 7 oaooooao6 000065880 000020164 00000000 6 000065398 ~ 05 0000 392 31 ~ 02

WDAF N 04 KANSAS CITY MO 000000008 000063731 000011355 000000008 000066515 000015826 000000008 00006512 3 o05 000027181 ~ 02

WGTV E 08 ATHENS GA 000000005 000095323 000010292 000000003 000033879 000006297 00000000 4 000064601 ~ 05 000016589 ~ 01

WROC N 28 DURHAM-RALEIGH NC onaaoo004 ooa1aa788 . Dooa13687 oooaoaoo3 000027063 000005392 00000000 3 ODD063925 05 0000 190 79 F 01

WCVB N 05 BOSTON MA 000000006 000060242 0000 16184 000000008 000067253 000021180 00000000 7 000063747 0 ) 000037364 02

WPLG N 1D MIAMI FL 000000002 000059628 000009870 000000003 000066911 000010991 000000002 000063269 ~ 05 000020861 ~ 01 KUSM E 09 BOZEMAN MT 00000000 6 000066464 000012583 000000004 000059497 000010743 00000000 5 000062980 05 0000 23326 ~ 01

WNCT N 09 GREENVILLE NC QQQDQ0004 000062270 Q00004447 000000004 000062911 000004776 000000004 000062590 ~ 05 0000 0 9223 F 01 1990 CARRIAGE j SUBSCRIBERS j AND FEES-GENERATED BY U ~ S ~ FORM 3 CABLE SY STEMS AUG 11 1'993 (C) CABLE DATA CORPORATION PAGE 12 IN SEQUENCE BY FULL-TIME DISTANT SUBSCRIBERS SUPER STATIONS FIRST

CALL ST A CH CITY ST SIGN TYPg 90-1 90-1 90-1 90-2 90-2 90-2 1990 AVG 1990 AVG X AVG 1990 TO T OF FTD SYS FTD SUBS FEE-GEN FTD SYS FTD SUBS FEE-GEN FTD SYS FTD SUBS SUBSCR- FEE-GEN CR-FEES INCI DNTS GENR j TD KRIV I 26 HOUSTON TX 000000010 000064646 000041095 000000010 000060518 000039658 000000010 000062582 ~ 05 0000 80753 ~ 05

KE TC E 09 ST LOUIS Mn 000000008 000062669 000008852 000000008 000062017 000008887 00000000 8 000062343 ~ 05 000017739 ~ 01

WBGU E 27 BOWLING GREE N OH 000000006 000096111 000012493 000000004 000027998 000005299 000000005 000062054 ~ 05 0000 1 77 92 F 01

WBRZ N 02 BATON ROUGE LA 990900998 9999&5147 QQQGQ6547 aooooaao7 000057263 000005834 oaoaaaoo7 aoo0612o5 05 000012381 ~ 01

WBMG N 42 BIRMINGHAM AL 000000004 000062262 000009244 000000004 000060026 000010388 000000004 000061144 ~ 05 0000 196 32 F 01 WGNO I 26 NEW ORLEANS LA QQQ000008 000075036 000062388 000000005 000044148 000034959 000000006 000059592 ~ 05 000097347 ~ 06

KFOR N 04 OKLAHOMA CIT Y OK 000000006 000058529 900008497 000000006 000058253 000009961 000090006 000058391 ~ 05 000018458 ~ 01

WTMJ N 04 MILWAUKEE WI G09000904 QQQQ J'5481 999939763 QOOOQQQQ5 ooaoeoa7a oaoa43479 oooooooo4 aoao5a179 +05 0000 83242 05

WCMH N 04 COLUMBUS OH 000000005 000053418 QOQQ1J594 000000007 000062525 000011156 000000006 000057971 ~ 05 0000 24750 F 01

WHDH N 07 BOSTON MA 000000007 000051399 000008226 000000008 000064250 000019152 00000000 7 000057824 +05 000027378 ~ 02

WRIC N 08 RICHMOND-PET ERSB UFG VA 'oooaao007 000056075 aoao 13680 000000007 000058622 000014340 000000007 000057348 ~ 05 0000 280 20 .02

WJAC N 06 JOHNSTOWN PA 999999997 099968886 999998781 oooooaaoe oaao44910 ooaaa5884 000000006 000056898 ~ 05 0000 14665 01

KOMO N 04 SEATTLE WA 000000005 000056046 000010928 000000005 000056904 000011200 00000000 5 000056475 ~ 05 0000221 28 F 01

KXTV N 10 SACRA MEN TO CA 000000005 000068146 000016528 000000004 000044310 000007697 00000000 4 000056228 +05 000024225 ~ 01

MOAT N 07 ALBUQUERQUE NM 000000005 000055708 000009964 000000005 000056617 000010002 00000000 5 000056162 0 c 00001&&66 ~ 01 WC IU I 26 CHICAGO IL n5 00000000 7 000071'j86 OQQQ 33070 000000007 000040346 000020095 00000000 7 000055916 0000 531 65 ~ 03 CABLE SYSTEMS 1990 CARRIAGE% SUBSCR IBERS, AND FEES-GENERATED RY U.S. FORM 3 DATA CORPORATION PAGE 13 AUG 11 1993 (C) CABLE FIRST IN SEOUENC E BY FULL- TIME DISTANT SUBSCRIBERS I SUPER STATIONS

CALL ST A CH CITY ST SIGN TYPE 90-1 90-2 90-2 90-2 1990 AVG 1990 AVG X AVG 1990 TOT X OF 90-1 90-1 FEE-GEN FTD SYS FTD SUBS SURSCR- FEE-G .N CR-FEES FTD SYS FTD SUBS FEE-GEN FTD SYS FTD SUBS INCIDNTS GENR'TD

PROVIDENCE RI ~ lslPRI N 12 5 000055735 ~ 05 000029226 02 oaoooooae 000090908 00001571 3 000000004 000020562 000013513 00000000 FREEPORT IL WIFR N 23 000055345 ~ 04 000021166 F 01 000000004 00006921 7 0000 13640 000000002 000041474 000007526 000000003 KLFY N 10 LAFA YETTE LA 000015346 01 000000004 000057006 000009078 000000003 OD0053000 000006268 0000 0000 3 00005500 3 ~ 04

N 04 ST LOUIS MO KMOV QQQQQGQ20 QOQQQ0005 000054834 F 04 0000 15980 F 01 000000005 00tl055D|8 QQQQ079$ Q 000000005 aaaa5485Q WHMB I 40 INDIANAPOLIS IN 0000 639 30 .04 000000006 000055572 0000 31954 ooooooooe 000053756 0000 31976 DOQ000006 000054664 ~ 04 KARE N 11 MINNEAPOLIS MN 000022605 01 000000006 000065297 OOOQ14074 000000005 000042825 000008531 000000005 000054061 04

WE SH N 02 DAYTONA BEACH FL 00000000 3 000053983 F 04 000057894 e03 00000000 3 00005160 0 0600 3006 1 000000003 000056366 000027833 I A FL WFLA N 08 TAMP F 0000 529 31 ~ 03 000000001 000000448 000000151 000000003 000105514 000Q 5278Q Qooaoooa 2 000052981 04 FL WDZL I 39 MIAMI F 0000 36910 ~ 02 000000002 ooa058o17 oaao2o69o 000000002 000046878 000016220 000000002 000052447 04 MN WCCO N 04 MINNEAPOLIS 0000210 32 F 01 000000007 000050518 000010861 000000007 000053389 000010171 000000007 000051953 F 04

N NASHVILLE TN WK RN 02 ~ 04 0000 087 08 01 OOD000004 000052931 'aaoa4420 000000004 000050263 000004288 000000004 000051597

OKLAHOMA CIT Y OK KETA E 13 F 04 000017541 F 01 000000005 DOQQ51724 QQQQQ7184 000000005 QQOD50899 000010357 QQD000005 000051311

WRAL N 05 RALEIGH NC DDOC 09715 Dl 000000007 000076478 000003877 000000004 000026083 000005838 00000000 5 000051280 oa4 TX KTRK N 13 HOUSTON F OO0C 13156 F 01 000000006 000048667 000005791 000000006 000053889 000007365 00000000 6 000051278 04 KANSAS MO KCTV N 05 CITY ~ 0000 22426 col 000000007 0000 II9795 0000 13536 000000007 000052301 000008890 00000000 7 000051048 04

WSFA N 12 MONTGOMERY Al 000050988 ~ 04 DOOC16681 F 01 00000000 4 000044343 000008362 000000005 000057634 000008319 000000004 1990 CARRIAGEi AUG 11 1993 SUBSC RIBERS ~ AhlD F EES-GENERATED BY U ~ S ~ FORM (C) CABLE DATA CORPORATION 3 CABLE SY STPEMS IN SEQUENCE 8 Y FULL- TIME DISTANT SUBSCRI8 ERS PAGE 14 ~ SUPER STATIONS FIRST CALL ST A CH CITY SIGIL TYPE ST 90-1 90-1 90-1 90-2 FTD SYS FTD SUBS FEE-GEN 90-2 90-2 FTD SYS FTD 1990 AVG 1990 A VG SUBS FEE-GEN AVG 1990 TO FTD SYS FTD SUBS SUBSCR- T OF FEE- GEhl CR-FEES WPSX E 0 3 I NCI DhlTS 000000005 CLEA RF IE LD PA GENRE TD 000050466 000006635 000000005 '00050807 000006806 000000005 KDFW N 04 DALLAS 000050636 F 04 00001 34 000000008 GG00500 TX 41 ~ 01 74 000008570 000000008 000050182 0000 08769 00000000 8 WRC N Q4 lslASHINGTON 000050128 ~ 04 000017339 00000000 4 000045994 000009433 DC F 01 000000005 000052641 0000 WKCF 14410 0000 0000 4 I 18 CLER MONT 000049317 ~ 04 QQOOQQOOG FL 00002 3843 ~ 01 ooooooooo aooooooo o 000000001 000098257 0000 78070 000000000 WKYT N 27 000049128 F 04 000000006 LEXINGTON KY 000078070 .05 000051507 000009735 000000006 000046409 000009325 000000006 CHLT 07 SHERBROOKE 000048958 +04 000019060 OOOQQ0006 000048768 0000 33764 QU ~ 01 000000006 000048976 000035244 WF YI 000000006 E 20 INDI A NAP OL IS 000048872 ~ 04 000 0690 08 000000003 000048583 IN ~ 04 000004734 000000003 000049022 000004884 00000000 3 KVIE E 06 SACR 000048802 F 04 AMEN TO CA 0000 09618 ~ 01 QQQQQQQQ 7 0000%8258 Q|I0008812 000000007 000049083 000008704 000000007 WEWS N 05 CLEVELAND 000048670 F04 00001 000000004 000047601 OH 7516 01 000008082 000000005 000048156 CBMT 000008085 000000004 I 06 MONTREAL 000047878 ~ 04 0000 1631 67 000000007 000047978 QU ~ 01 000026562 000000006 000045777 WLMT 000025102 000000006 I 30 HEMP HIS 000046877 ~ 04 000051664 00000000 7 0000 42375 TN ~ 03 0000 3415 3 000000008 000051036 000057828 00000000 7 KING N 05 SEATTLE 000046705 000091981 aoaaaooo4 000045822 WA ~ 06 000009248 000000004 oaoo46962 KIRO 000009716 000000004 N 07 SEATTLE 000046392 F 04 0000 18964 000000004 000045822 WA F 01 0000 09248 000000004 000046962 WTIC 000009716 000000004 I 61 HARTFORD 000046392 ~ 04 000018964 000000004 000046119 CT .01 000038484 000000004 000046332 WNYC 000037452 000000004 E 31 NEW YORK 000046225 GD007 3936 000000004 000046122 000008725 NY ~ 05 000000004 0000 45936 0000 WGNT 09656 000000004 I 27 PORTSIUIOUTH 000046029 ~ C4 GDG"183i31 00000000 7 0000 47750 0000 30767 VA F 01 000000006 000043653 000028884 000000006 00004570 1 .G4 GGGG )9651 s0 4 1990 CAPRIAGF .UBSCRIBERS4 AND FEES-GENER BY U ~ S, FORM 3 CABLE SYSTEMS AUG 11 1993 (C) CABLE DATA CORPO ATION PAGE 1 IN SEQUENCE BY FULL-TIME DISTANT SURSCRIRERS4 SUPER STATIONS FIRST

CALL ST A CH CITY ST SIGN TYPE

90-1 90-1 90-1 90-2 90-2 90-2 1990 AVG 1990 AVG X AVG 1990 TO T X OF FTD SYS FTD SUBS FEE-GEN FTD SYS FTD SUBS F E'E- GEN FTD SYS FTD SUBS SUBSCR- FEE-GFN CR-FEES INCIDNTS GENR4 TD

WBTV N 03 CHARLOTTE NC 000000005 000045565 0000 10040 000000005 000045678 000009995 000000005 000045621 F 04 000020035 ~ 01

KPHQ I 05 PHOE "JI X AZ 000000007 000044000 QC0032430 000030007 000046875 0000 32947 000000007 00004543'7 ~ 04 0000 65377 F 04

WNED E 17 BUFFALO NY 000000003 00004271 3 0000 05555 000000004 000047748 000005834 00000000 3 000045230 ~ 04 000011389 ~ 01 WOAC I 67 CANTON OH 000000000 000000000 000000000 000000001 000089149 000049288 000000000 000044574 F 04 0000492AB ~ 03

WISC N J3 MADI ON WI 00000000 3 000044470 00002535 3 000000003 000044619 000024644 00000000 3 000044544 ~ 04 000049997 ~ 03 KWHY I 22 LOS ANGELES CA OGOOCO003 000044912 000025619 000000003 000043782 000018714 0000 0000 3 000044347 ~ 04 0000 44333 ~ 03

WTVD N 11 DURHAM-RALEIGH-FAY NC OCQQGCOC2 CCOG46121 000004332 000000001 000042287 000003657 000000001 000044204 ~ 04 000007989 ~ 00 WNFT I 47 JACK SONV ILLE FL OOOOCC004 Coou 44190 0000 23567 CC000000'4 0000 44210 000023884 000000004 000044200 ~ 04 0000 47451 ~ 03

KPRC N 02 HOUSTON TX 000000004 Gooo 43571 0000 0689 7 OOOOQ0004 00004431 1 000007365 000000004 000043941 ~ 04 000014262 F 01 WCGV I 24 44ILWAUKEE WI cocoocoo5 CQQC4246G C30145812 COOOC0005 000044768 000150375 000000005 000043614 F 04 000296187 ~ 18

WMAQ N 05 CHICAGO IL ooooccoo5 000042320 CQ0008828 ooooooooe 000044805 000012314 000000005 000043562 ~ 04 0000 21142 F 01 KCSM E 60 SAN MATEO CA Qooocoool QC0042442 QC0004741 OQ0000001 000043474 000005436 000000001 000042958 ~ 03 0000101 77 01

WSBT N 22 SOUTH BE ND IN OQQOn0002 000042282 000007241 CQG000002 000043444 000007656 00000000 2 000042863 F 03 000014897 ~ 01

WLTZ N 38 . COLUMBUS GA 000000002 000045938 QC0007933 000000002 0000 38994 000007792 000000002 000042466 ~ 03 000015725 F 01

KI TN I 29 MINNEAPOLIS MN CGGGQ0012 CGQQ40258 00008624 GQ0000012 QG0041482 0000 79915 00000001 2 000040870 F 03 oo016el eo F 10 KRBK I 31 SACR A&I4ENTO CA QQQGCC002 4.'00039489 000314851 000000003 000041850 0000 17676 00 00 0000 2 000040669 ~ 03 0000 325 27 +02 1990 CARRIAGE SUBSCRIBERS'ND FE S-GENERATED BY U ~ S ~ FORM 3 CABLE SYSTEMS UG 11 1993 (C) CABLE DATA CORPORATION PAGE IN SEQUENCE BY FULL-TIME DISTANT SUBSCRIBERS'UPER STATIONS FIRST CALL STA CH CITY ST SIGN TYPE

90-1 '0-1 90-1 90-2 90-2 90-2 1990 AVG 1990 AVG X AVG 1990 TO T OF TD SYS FTD SUBS FEE-GEN FTD SYS FTD SUBS FEE-GEN FTD SYS FTD SUBS SUBSC~- FEE-GEN CR-FEES INCIDNTS GENRE TD WENH E 11 DURHAM NH J0000008 000040621 0000D6402 000000008 000040417 000006805 000000008 000040519 ~ 03 000013207 01 WC SH N 06 PORTLAND HE i0000003 000040668 0000 05631 00000000 3 000040269 000005893 00000000 3 000040468 0000 11524 ~ 01 WLKY N 32 LOUISVILLE KY 30000008 000045053 000010370 000000005 000035495 000010123 000000006 000040274 ~ 03 0000 20493 F 01

WGBA I 26 GREEN BA Y WI ;aooooae 000043919 0090 QQQQ I QDQODDQ07 000O35719 DDO032646 OQQQQQOQ6 Q00039814 ~ 03 000065747 F04 WYOU N 22 SCRANTON PA 30000006 000035886 000003750 000000007 000043580 000006917 00000000 6 DQ0039733 ~ 03 000010667 F 01 WBIR N 10 KNOX VILLE TN looaaoo 3 DDD036137 DQD008545 000000003 000042980 000008451 00000000 3 000039558 ~ 03 0000 16996 F 01 OH 40000006 000055Q5f ktI50I5571 000000003 000034001 000010913 000000004 000039526 ~ 03 0000 23484 F 01 KBYU E 11 PROVO UT 0000002 000032277 00000)555 000000003 000045664 QOQQQ8341 000000002 000038970 ~ 03 000013896 F 01 WPCB 40 GREENSBURG PA JDQQQQO2 000038419 Q00023692 000000003 000039487 000023276 D00000002 000038948 ~ 03 000046968 ~ 03 K'S TP N 05 MINNEAPOLIS- ST PAUL HN i0000007 oaoo49882 000010368 000000006 000027511 000004886 000000006 000038696 ~ 03 000015254 F 01 WHAS N 11 LOUISVILLE KY IOQD0004 000037433 OD0025143 000000004 0000 38312 000023187 00000000 4 000037872 ~ 03 000048330 03 WVLA N 33 BATON ROUGE LA )OQQQQ05 00 0 0 ~$91 9999 9 %99 6. QOODQODD5 QDD041426 DDDDD5015 000000005 000037803 ~ 03 000010011 F 01 WISN N 12 MILWAUKEE WI :0000003 000035073 000016202 000000004 000040263 000019474 00000000 3 000037668 ~ 03 0000 35676 ~ 02 WDB J N 07 ROANOKE VA jaaaaaa 3 DDD036317 000014512 000000004 000038821 000015947 000000003 000037569 ~ 03 000030459 ~ 02 WHHH E 32 WASHINGTON DC '000000 3 000036677 000007519 000000003 000038299 000005590 00000000 3 000037488 ~ 03 000013109 F 01 WKXT N 08 KNOXVILLE TN '0000007 000039336 000007060 000000006 Q00035613 ODOOQ6389 000000006 000037474 F 03 000013449 ~ 01 1"'-)9/14/92 10:04 %202 808 4407 CRT

PBS Exhibit

8 gi

IK5 Camxc5cat.~9I8Ayenne. N.W W~uyon, DC 2OOqy EKE) 6)6-4400 FAX ga2l 6m~m

Distribution oK 90 Percent of 1990 Cable Royalty Fee Pand. September 17 1992

Total Funds Available September 17, 1992 $179,001 437.97 Zess 108& Eeld. in Reserve 17 900 143 80 Total Funds to he Distributed (90%) $161,101,29*.17 Lass -18% to ZPR 289 982.33 Funds 2Lvailable to Other Claimants $160,811,311.84 oX Funds Bas3,c $160„811,3ll 84 x. 75 442t. 8121.319 269.SS 3.75 $160,811,31.1.84 x. 39g117.351.60 Syndax x 24.325%'160.813.,311.84 .23~ 374 690.36 $160, Sl 1,311. &4

Basic Pm' l2I 319 269 88 Program Suppliers'To 60 OO@ 72 791 561.93 int Sports 23 80 28,873,986 23 Commercial TV (NAB) 5.70 6, 9l.5,198. 38 HlXSiC 4 50 5; 459,367. 15 PSS „ 4. 00 4, B52,770. 80 Devotional 1-25 1, 516,490. 87 Canadian 0.75 909 894.52 100.004 $ 121,319,269 88

75 — 39 1%7 351. 60 Program Supp1iexs 62 604 24 4&7,462.10 Joint Sports 26.00 10,170 511 42 Commercial TV (NM) 5.70 2,229,689.04 Music 4 50 1 760,280 82 Devotional 0.95 371 614.84 Canadian 0.25 97 793 38 l.00.004 39 117,351.60

R 96% 202 606 4407 09-14-92 10:10AM F002 t$ 24 bO/14/92 10'.06 W202 eoe 4407 CRT Ql ooo

Bepteaiber 17, 1992 Distribution of 90 Percent

74 690

PX'OQZBQ 8lIpglieX'8 95.50% 3~7,829 29 Musd c ~ 50 16 &61 07 100 F 00% 374,590.36

97,536,853.3a 98. 50(A 96,172,300 52 0 835 805,504.04 .675 659 048.76 100 00% 97,636,853.33

MP2L2L g 96,172.300.52 FATA ixLt Spot'ts 39,044,497.65 Costa.TV (Ph X t Ph XX) 9,803,936-18 Music 7,236,509 04 PBB 4,852,770.80 DevAt;iona1 1,8&8,105 71 Canadian 3.,007,687-90 Multimedia 805 504 04 MPR 2&9 9&2 33 $151,101,394 17

R 9 2/o& 202 606 440't 09-14-92 10:10AM F003 024 PBS EXHIBIT ~~

REPRESENTATION OF PBS, NETWORK AND INDEPENDENT STATIONS IN MPAA DIARY STUDY

FTD subscribers Total FTD Percentage included included in diary study subscribers in diary study PBS 4,925,431 6,786,255 72.6 Network 11,416,553 19,310/10 59.1 Independent 91,086,144 97,619/88 93.3

Source: Cable Data Corporation, 1990 Average Station Summaries (August 11, 1993) 6 Miles et ~Oaths Archbahl LKIKNO ~WYO ING PERRY Halifas 0 6Miles State Capital u. County Seats LEBANON Summit Blakelyo~ I DAUPHIN Dickin i COLUMBIA / 8 80~t l!' County Names FCIINO ~D annon IP~ IHXHIBIT POPULATION KEY 'eo PENNSYLVANIA Dauphin S iewo Over 100,000 fp 10,000 to 20,000 Lingksfo Scale o! Miles MarySVS a Palm a {I 10 20 30 d0 50,000 to 100,000 5,000 to 10,000 summe 0 opoia 8Colonlal Pmk Qo 25,000 to 50,000 8 2,500 to 5,000 parrjSgky+&~ 8Progress Hershey 0 wasT rauvlnW o &'. PenbrOOk COPYRIGHT 0 " O 20,000 to 25,000 1,000 to 2,500 Wormleysburg 0I'amang AMKRICAlii INP CORPORATION a Under 1,000 Camn HID 8 0 nufherfere neighis 8 h Jhfremanstown0 t „Kmttston ~ C —.d'' 'BSfa west Y "'" . c~c~~~'lkQS~IOIrrO Mechanlcshm oIIVIiddletown NantiCOkea Lynnueedoo cr erueOISeturm CUMBERLAND Nanticokoe Lea Park 8Ashley 0 2 ceEliza Askcmoa OSusar ch =-- nemo t-.. -, y. 8 D . " ' Mountaintop X 2 LANCASTER ~ Wanamie I=-.." &eslewilfs f» o. tge D

~ ~ l REN fnrhwd Bgsaddtt~e ussefia Eldred0 ouse Elkland «ouurvravvelv akla Knoxrddda Hallstecd Un.'en Cftv (siren McKEAN a POTTER Westfield Tio a Young New Milfordo '-- ! g r Ccmb Warren efnbort~ + B Allaeanv Montrose+ IIYA ACouderso Mansfield -Tow a Horrick 32~4.T ~ - ~- Roulette Jg~w~t0 o 'ten 0 IlsboroAh fdl Sheffield ~Ka e Blossburn0 Tibwille a USQUEHANNA Fores a Austin t im nton w \ F REST ELK o Nichnfsan o g nrl'I 4ICZ 3@nshoppen one I ! o~ CAMERON f facforyviilea i pod P ihmsari Jphnsonburno SUL AN usnore nn k+ I 0 dfe Millsa D la LYC ING Ral on ,') 'Qubr& Emporium Iddcd lii lc c ~IM Ridnwav- Cadcc 0 E I d . ')mkceo RION

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++Qa+ +++ +444444+4+ +++4+ Mon 29. 1992 + 4+ 4+ 44++++++ 4 +++ +++44++++ ++++++++ +++++++ ++4++ ++++ ++++++++++ +++++++ 4+ J~ +4+ 4+++++++++++++ ++ ++a+ 4++++++++ +++ 4+++ 4 ++++++++.. + ++4++.. + ++4+++ ++++++++ ++++++ +4+4+ 4++++4+++4 4 4+ ++++44++ +4+ +++ +++++++++ ++++4+ a+++ ++++++++ e+++a+ 4+++++4+++ ++44 444++4+44++44 ++44+ ++4+++++++ +++ 4 ++++++++++4++4 4++++++++ +++++4++ ++4 ++++++++ + ++ ++++++44++ 4+++ 44+++++++++44+ +4+44+4+ +44+++++ 4 4+ ++ 4++ +++++ ++++44444++++++++++ +++4+++++++4 + 44+ +44+++4+++++4+ ++++44+++ ++++++ + ++ ++++++ +4+44++Q4 44+++++++4+++++ + 4++ 4+ +++ ++ +44++ ++++++++++ 44++++4++44++++44+44 ++++ +4++++++++++++ +444+ ++++++a +++++ 4++4+4+ +4444+++++++++++++4++ +++++++++++++++ 4++++++++++ 4++4+++ 4++++ + 4+++44++4 +44++ + 4++++ 444+44++4+ted. 4 ++++++++4 +++++++++4+++4+ ++++ + ++4++++++++++++4 ++++++4++ +++++++++ ++++++++++ 44~ aae++4++++++4++44 44444+ 4+++ + ++++++++++4+++4++ ++++44+++ 4+++++++4 ++++ 44++++4++ Ka 44+eeet+++a+++++++ a++++ +++ 44+44 +4++ + ++++++++++++++++ ++4++++++ 44++++4++ 4++44++++44+4e+ 4 4 4 44+++++++++++++ 44 + 4 + 4+ ++++ + ++++++++++4++++44 +++++4++ +++++++++ 444444444444444 44+++++++++4+++ +4+4+ ++ 4+ ++++ + +++++++Q+++4+Q++ +++++++++ ++++++44++ 4+44444 +++444 '+44+4-aaaate++ +++44++++ +4++ + +++++4++++4++++4+ +++++++++ +4+++++++ +++4+++ teaaaatata ~at+Q444++ at +++4+4++ +++ ++ 4-++ +++++ 4++ + + + +++++ 4+++++ 4 ++4++ +4+4++ 4 ataa+44% ++ P~444++++ ++++444 +++++++++4++4++ 44444444~ 4+44444 4~+a+4 oaa44+++ + 4++ +++++44 ++++++++++++++++ 444444444444+++4 + eaaeatta aa'++ +a++++a+ataq aattaea44444f ++4 4+++++4 4++++4++4++++4+ +44++++++4+4%+4 ++4 ++++ 4++++a~%a-4 +++++++++++ 4++ ++4++++ 4++4++++++++4+4+ + 4+ 4++++ 4+ a/+++ + 4 ++4 44+4++4++44+ ++ ++++++4 +++++++++++++4+ +4+++++++4 4+++ 4++4., QQQQW QWT + +++++++ 4+++++++++++++++ +++++++4++4++++ +++44++++444 +++++4+ ++4+44+++++et+44 cad.a++ +++ + +4+ 4++++ +++ ++4+++ 4 4++++++4+++++44+ ++++++++++++++4'4 4+ QQ + 4+++4+ 4+ ++4+4++ 4+++++++++++++++ +++++++++++4+++++ eeeq.~aa ++ ++++++ ++++++4+44 +4+ +++++++ 4+++++++++++++++ +++++4+++++++++++ ++++ saaa 4 4+4 44++44444444 4++++4+ +++4++++44++++4+ +4+ 44444444444 44444 ++ +++ +4+ +++++++ +++++a++++++++++ +4 +++++ Kaaaa + ot +4+ Qa +++44+ + ++++++ +++++4 ++++++++++++++4+ +a+++4 ++ eo 4+ ++++++ ++4+++4+ +a++4++4+++++++ ++ + ++ ++++ 5444 4++++ 4++ ++4++ + +++ ++ ++++4+++++ - -.+ 4$ $ 444444444 ++44++4+ +++++++ 444444444444444444 e++++ 41+4 +++++++++4 + +++++4++++++4+++++ 4++++ + +++++++4+4+444 +++++++ +++++++++a+++++++++ 444+444 ~ d toaoa +++++++++++++++++ +++4 ++++++++ ++++++a++++++++++++ OOOO~a +++++++++ ++4444++ + +4+++4++ ooeoateapoaaaateeoo +++Sea +aaaaeaaa +++++++++++++++++ ++ + ++++44+4+ 44$44444~44 ++ ++ 4 + . +++++++++ 44++44+++++ +4++4+++++ +++ QQQOQQMQ +4 f 44++4+4+ ++ ++++4++ + ++ +++4+++++++ ~ +++++++++++ f.MQQ+aaoao + t 40 4 4+++++ ++t+ +++4+4++++4 Qg&+A-4++44 +++ ~ . ++4+++ +++++44 ++++++++ + ++++ 4+++++++++++ 444444%4 ++ oeedaa aaw-aaeaa ++++++ ++ ++ +++++4+++++ +44+++ +ae QOQ&4 +4+44+4+++ +++ ++++ ++ + 4 +++++++44+++ +++ -++ ++++ 4+ +++4+++ + ++++++ ++ +++ +4+++4Q+++++ + + + ++++4tepee++ ++++++++++ ++++ ++4++4 4+ ++++ +++++++++ 44+ +O+++++++ ++++4 4+4++ + e++++++ +++a+++ S. ++ + ++4+4+++ +++4 +++ ++ ++ ++++4+++ 4444744 +++ +++ 4+++ +++ +a+++ + + ++++++++ +++ c% +++++ +++ +++++ +++ et++++ ++ ++a++++++ 4+ ++++ +++++++ 44+++ + 4+4+4++++++++4+ O +++++++ %44444 44 +++++ ++ +++++++4++++++ Q 4 +++++4+ +++++++ +44 +4+++++ +++++++++++++ ++ ++ ++ ++++++ ++++++ 444+ +44+++Q4++++ + ++ + faaaa ataat ++++++++++ + ++ 4++ 4+ + 4+44 + 4++ +44~+ 44+ e++ ++++4++++ + ~ +++++++ + + +++4++Q+ ++ ++ + m 4444 +4, 44 atao+ + 4 ++ +++ ++ ++ + 44++ ag 4+444+4 ++++ +++4+++4+ + + + + 4.4 + a+ + + +++ + ++++++ +4.++++ 4 +4++ ++ +++ +++++ eeet ~~++4 +++++7 4+4 ++++~4& ++++ +++++++ ++ ++ 4+ + ++ +4+4 [email protected] +++ ++++ +++) aoa+4 4+4 + OOOO~ 4+4+Q+ +++ +44++ 4+++ + +++++ +4+ aioaoo ++++++++ + +++ aaoeotoa&ooo aaewata ++4+. + ++++++ +++4 ++++ ++ QQA + +4++++4++ +++ + Qa++aaaaoa 4+ " ++++++ ++++ +++ ++ ++ aootoo ++++++4 ++ taaoe-aa ++++ e+ 4 4+ +++++++ + +4+++ +o++++ QQ444444 4eatt aa +++++++++ ++++ + ++ ++++ ++++ 4+++ eaaaeaa~ Woaaoa Qaaoat+ +++ + ++++++Q +++ ++4+++++ ++++++ ++ ++++ +++++ eaoo+444 + ++ Q++++++++++ + QF + + +++++4 +++++ +++++ +++ ++ Field Zntensit.y (dBU) 44444 +oo+++a+ +++++ +++4 ++++++++++++ + - ++++++ +++++ te + ++++ +++a +++4++++++ ++++t+ od,eeet + + ++ +++ ++++ +Q+ Oaaaeaaaaoo ++++4 ++++++++++++ + ta++aeao ++++++ +++++ ++ ++++ + ++ ++e t++Q+++++++ ++++++ 4+++O++ +++4++4+++ ~ OOOO&+44 +++44 + +4 +++++++ ++++++++ ++++o+++ ++++++ + + 44+~+oao +++ + +++++ +++++ Grade A 4++++++++++ a+++++ ++++++++ 444444%444444 +4+ 4+4'p+aaa + ++ +++++++ +a++ +4+ 44+4 4+ 44+++++++++++++ +++4++ +++++++++ aaoaataaa++4 +++++ Q4O+44+++ ++4 +'+'+'+'+ +'++ 6440 sq km +a++ ++++ ++ +4++++ 4Q+++++++ 'aaaoaeaot ++44+4+ ++4+++++ +4 44444+ ++++ 44440 ++++ 4+444++ +++++4 ++++++ ++ ++++++++ +++++++++ +4+4+44 44444+ +++ po~atf.on: 465000. 4444 + ++ ++++++++++++++ ++a++ ++ ++++++ +++++++ ++4+++t+ +4+++++ +++++++4444+ ate+ +4++ +4 +++++++4++++++ ++++ +++++++++ e++++++ +4+4 ++++ Households ++ ++ 44+'a4444444444 +++++++++++ ++++ ++ +++++++4+ +++++++ ++++ ++4+++ ++ ++ +++ 4+ +++++++4+4++4+ + ++4+ ++44++4+++ +++++44 ++ oeaaeaaaaaaa +++++ ++++++++++++++++++ ++++++ 444+eafeaa ++++++ + e+ + ooo ++++ ++++a+++a+ +++++++ +++a+++++4+++++4+ ++++a++a+ +++'+++++ +4 ++O 4 4 + +++++ C3 Grade 8 + +++++ Are 8. km 4 +++++ o+taata ++++++++++ ++++++++++++ +++++++++++ ++++4+44 444+++ 4300. sq +++ +++++ ++ 4+ 4+4++t++++++ ++++++++4444 44444444+++ eagaa 44 ++++++++44 44+ 4+ ++ +++444 288000- +++ ++++++ ++++++++ ++++++4++++ ++++++++++++ +{jeeee +++++ ++++444 ON potation: +++,.++++++ +++4++4+++ +++++++++++ +++++++++++ +++ ++ + ++++4++++++ Households. 108000 ++++++++++ +++++4+++4+ +++++++a+++++++++++++++,++++++++a+ +44+ ++ ++ +++44 + ++++ 4++4+++ ++++++++++ +4++++4+++ ++++++++ ++++++++++ +44+4+ '4 ++ + + +++++++ 4++4++4+++ ++++++++4++ ++++++++++++++ ++++++++ ++++++++ ++++++ 4 +++ '+++4 ++++ + ++4+++++++ 44444444+++++ 44+4+4+ +++44+++ +++++ + ++++ +4 +++ +++++4+ Less B 44 44+++4444+ +++++++++++4++ +4++++ +4+++44 44+ +4444444+++ +++++ 4++++++ than grade ++++++4++ +++4+4++4+4 +++++++++++++++ +++a+ +++++++ ++++++ +++ +444444++4+ 444 +4 ++4+4+4+ Area; 1.1.1810. km 4 +++++++++4 ++ +++ + 4 4++ 44++44++44+444++ +4++ 4+444++ +++++++ +++ 4+++++ 444+ +4+++4+4 sq +4+44 444++++ 4++ 4++++++4 44+4+++4 Populati.on: 21960000. ++++++++++ 44+ +++4 ++ ++++++ + ++++++4 4++++ +++4+4++ ++++++++++ ++++ 44+++++ ++++++4+4+ +++ 4 + 4+ + b ++ ++ ++++++ 44++ 4 ++4+++4+ 4444 +++++++++ +++++ +++++++ +++a++++ e+++ +4 +++++ +++4+++++ Households: 8179000. ++++++++++ ++44+ +++4+++++ +++4+4++ +++ 4+4 4 444+ ++4 ++++++ ++++++4+4 77M 76W 75M 74W 0 50 100 200 250 300 350 KM + 4 Q 4+++4 +++ 44+ ++ + 4 +4+++++4+ +4++ ++++++O+++ +++4++++ ++++++++++++4 +++ 4+++++++ +++++4++ +++ ++ 4+ 444+4++ «l ++ ++4+ 4++++++44 444+++++ ++++++4+++4++++44+ ++4+4444++ ++++++++ TA Services I 444 ++ } ++++++++4++ 4 + ++ pas ExH~rr (3M +++ 44++4++++4 +4++ 4+ +444 +4+++++4 ++4+44+++44+ + 4 Qo++++++ +++++444++ +++4+++4 ++ 4+++++++++ +4++ 444+++++ +++4+4+4++4+ + 444 Qe 4+++++4 ++++4+++++ ++++++ 4 Television Non-Commercial Po~er Qe++++++ ++++++++++ +++++++ Full 44+++++4+++4 ++4+ 4444444+ ++++++++ +++++++4++++ ++ 4+ QQ++++++ SCRANTON o 4++++4+++++++ 4++4+ ++++++++ +++4+4++4++ ++++++ ++++++++++ +++++++++ 4+ +44+++4++++++ ++++ +++++++4+ ++++4+++ ++4++44 +QQQ+ 4++44+++++ +++++++++ Mon +++ +++++++4+++++4 + +++ +++++++++ ++++++++ ++4+++44++ ++ &y ++ QQ+ ++ 44+4+++4+4 +4+4+ June 29. 1992 +++++ 4++4+44++++++ 4+ +++4 +++4++4++ ++++++++ ++4+++++4++ 4+ +++4++++ ++++++ 4+4+ +++4++++++++++ 4+4+++++ ++++++++++ ++++ ++++++44++ + 44 4+++ ++44++ +++ ++++ ++44+44+++++++ +++ 4+4+++ +++4++4+ ++ +++++++4+ ++~4 ++Qe+ 44++++ +++++ +4+44+++4+ +++4 +4+++4+++4+++4 +++++4++«+++++44++ ++ +++++ ++++++++ + + 4++++++++++4 ++++++++++ +4+4 4+++++4+4+++++ +++++++++ 444+++ + +4 ++4+++ +++44++4+ 44+4+4+++4++ +4+++++++++4+++ 44+4 +4 +++ ++ +++++ +++++444++ + + ++4+++4+4+++++ 4++++++++44++4+ +4+4 4+++4+44++4444 +++++ +44++++ +++++ +4+++4+ 4+4+ Qe+++4++4++4 +++++++4+++4++ ++4+ +++++++4++4+++++4+ } 44444 4 +4++4+++4 4++++4 4+++4 ++ 444 Qeo++++4+++4 ++++++++++4+4 4444 +4++++4+4++++4+++ 4+4++++++ +4++4++++ 44+4++++++ 4+ Oeeeeeeeo++4+++44 ++++++++++++4++ 4 4+++ ++++44++4++++4++++ +444+4++4 +44++++++ 444444444444444 + +++++4e44+4++444++ 4+++++++ + ++4+4+4++4+++44++ +++++4++4 444+++4++ oooeeeee+++44++4 + 4++++ + + +++4 +++++4+++44++4+4++ &44444444 4+4+++++++4++ + 4+ 4++++4++ +4 ++ +4+4 +++++4++4+4+4++++ +++++++++ +++++++++ 444++++++4+4++~ +++ OOOOOQQ 4444+ 4+44«++4+4++4+4+44+444+ +++4++4+++ } ~44444 ++4+++ 444444$4 OOOQQQ+++4 ++++++++4+4++++ 44++4444 ++++4++4+ +++4+++ + +Oeeeeeo Qeege 44++4+++++4+ 4 40 o ++ ooooo ++++++++++ ++ + + 4++++ ' ' 44444440 4++++4+ '-:-" ' - ' 2N +++Q+++ '- . Q 44, O~ 444++++++ +++ ++4++4+++44+44+ ' +++4++++4 +++4+44 44444444444~4 «. ++ "44& oeeq «Q}.op++44444444 44+ +4+++++ ++++++4+++44+4++, 4««~~oooooe,«}o Susquehanna '++ +44+ 44++++++ 4+ 44444444 +4+ +++4+++++4+++++ . f $ ++44+++ 4+44+++4+++++4++ 4 bradford oop oeo 4 +++ + + eee oo ++4++++++++ +++ +++44++ ++4+4++4+++4+++ r 4+ ++++ ~~4 "V ++ A. QA4 4++ 4+++++++++44 +4 4++4+4+ '+++44+44++444+&- ++ +4 4 4444444+++++ +4+ 444+4++ ++++4++++++4++++ +++++++++44+4+4 + + '4+ +++ ++++++++++++ +++ 444444+ ++++44++4+44++4+ +++4++++++++4+4'4 ~yne,',QQ + 4& + +++++++++++++ ++4 4444+++ +4++++44++++4+++,, +++4+++444+44++4 4444~4« ..4+'+ eeeoe+ +4+++++++++++ 4+ +44+4+++++4+++4+, ++++4++44++++4+4 44444444'f 4 444 OQQOOOOQQOOO +++ 444+44+«4+++4+44++++4+++,. ++4 444444%4444 }*.i:..., ++4 Qee 44444 444+++++++ +++ +444++4 44+++4+4+++++++4' 4++++ "' "''"., ~ " + +++4++ +++ +4+4+++ +++++4+++4++++++ v" «4444 +44 ++++4+ + 4++4+++ +++++ " 4 4 ' '~ ++ ++++++ +++ +++++++++ - ++++ '+ + +4+++++ . - " . "'+'~4~,, Qeee 44+++ ++++++++ ++++ -:. i ++++++4 + "'$4444444~'~ ~& 4$ 44444444+ +++++++++ +++ «++++. oooeoooooooooooooo:w +4+++ 'yo~ + 'j'. ro - 4+4 ++++++++++ +++'eoeeee 4 y" 4 +++++++++++++++++ ++4 ~" 44«} lyeoming +++++++ i ++++++++. ++" "„'ugf~n ' «},'ee+ +++++++++++++++++ }'444444 + ++++++++*-;. 4+4&4'oieooooooooo"., 4+'4io ,:-.'.'" 4 - ~ 444444444 '"„. -""'- ~ '4+4 +++++++++++++++ ++++++++++'., Oogooooo~oo + . + . Ptke Qe ++++++++++++++++ + +++ ' 44%44&44~4 ++ ... Q ';g ~,' „oooeee++ ++++++++++ + ++ Cy wo ...g~ooo«}44- + ~ , .. 4« ~ton ++ "-', t 44 "'- '. ' . ++;;„, ,~o +++++++++++ +++, - ~ ' '-'=- &44+4~44 +++ ". ""; ++4++ ++44444 ++++++++ + ++++ 444444~4444'"-~ QOOO~Q ' ' ++ . ++ ...f, ++ ++ t + ++ 44444 ++++++ +++++4+4+», 'll 4++4+, '~ weo ;.-' ++ +444444 444 ++++ ++ Oee ~ ' p 4444 4 44444+ ++ 4444444444 ' v'O~O ~ ':. +, ++++ .. ++++++++':;„ ' ' ++++++++++ ++++ + '" , ~ ~,"': J nremme +++++++ ".. : +4+++++++ +++++ ++ 'qooo*ooo -: ~ . ++ , ++++4+++ " "',. o «}4 . ~. -uC+ '++~ 4+"" ++++++ ++++ 4++ ++ ++ + 444+oowp",f~: Q . ' ' ~oo +++++++++ + + +oo++4 .:... ~ +++ +++++ +4+++++++ '""'"'" ~ 444 44+ ++++++ ++ '"~ +++++ + ++4+++++++++++ ' ,'g10& ++++4++4++++++ ' '' ++ 4'+AC'4+4++++++:, -' .' ' " ++ + ++4+4+++++++ ' ' W + +4++++++++ + ++ + ".; '' gW "' ... fy gg+ QgC go+ y +C+++++++ +++ . +++ +4444444 44 " ' ',, oooo +++++++++ gnarl m + ++ + +4 + . Q ++4 !&44 ~~~4.~ + g~ +++ + +++4 ,;, , ~ +++ "'+ -"QO~ vee""Woe+4 + ++ +44 444+ ++ $44 o ~„:"" '' +++++ 44 «g}oo ' -..'o&+o...-" 4++ ++++ 44 „'~'' .oooo Qeoo ++ + + ++ +4++ 444~4++ ' 444 444~ ++..;,'- + ~ ++++ +++ + + +++++++ o."'-",'„++ QLc 'i~~ '+'++++++ ++++++ +++ ', oooooto+~ooo.", ',"'., ++++ ++. 44~4 +++++++++ .,;: ++":. +++ + ++++++ ++4+4+444 44 44+ .++;+++ '.-, + ', ++ ++++ +++ ++. + oooooo +++++++ ++ oooooo': ~ ~~o . +++++++ + + 4+444 44++ l}'4 'enn",-- & ooog ', ~ "- +++++++++ 44 ++++ ++++ '444444 /PAL ': ~ +++++ + +4 +4++ 4+++ '-.'+'e '-"„'++++ 0 ++ ++++44 4++++ ++ +++++ Qooogooo ~ .. =" ~ g 4+4+ 44444 ++++++++ '. -" +++++++++:".. + 4~4 + ++++++ ++4+++ +++++ ++ ++++ +4++ ++++++++++ +++++ ++ ++++++++++++ + '~ ';" 444444 ++++++ Qoo +++ ++ Field Int.enact;y (dau) ++++ ++4 4++++44+4++ oooo/4 +++++ ++++++++++++ ,. ""~ ."'Qeo +4++ ++++++ +++44++++4+4 44 + + ++ +++ +++ 94444444444 ++++4+ ++++++4 44++++++++ ~ '~ 4444~444 ++++++ 4 +++ 4 44 44++4++++44 +++4+++ ++++++++ 4+4++++4 +++4++ + 4 +++ 444~ +4+ 444444 +++++ ++4 Grade A +4+4 4+ 444+4+++4++++4+ +4+4+4 +44+4444 444444+4444444 +4+ ++ +44+ + + +44444+ 4+++ 444 +44+ 44++ 44+4+4 +4+44++++ 444444444~4 4444+ 44+4++++4 ++++ 4444 +4+++ 4++ Area: 6440. sq km 4+44+ ++++ +4 +44++4 4+4++++4 ~ +44444 4444 4++4++ 444+++++ 444 44+++++4 ++++ ++++ +++++++ +4++++ ++++4+ ++ ++++++++ 4++++++4+ +4+44 44444444+ +++ Population: &65000. 44+4 4 4+ +44++++++4++++ +4+++ 44 +++++4 ++4++++ +4+++++4 ++++ ++ ++++++4+++ +4++ 4+ +++++44++4+4++ ++++ ++++++++4 +4+4+4+ ++++ ++++ Households. 179000 44 +4 ++4+++++++++++ 4++ 4+ +++++4++++o ++e+ ++ ++++++++4 ++4+4++ ++++ +4444444444 +4 4++ +++++4++4+44 +4+4+ +++4+++e++++++ + +4++ +4+++444++ ++4++++ +++ ++++ ++4++ +4 +++++ +4++++++4+ +++++44 444+4++44+++++++++ ++++++ +444++++4+ +++4++ 4 ++ + +++++ ++4+ +4++++ +4+++++QO +44++++++4 ++ 4++++4+Q4++++++ + 4+++++++ ++4++4++ ++ + 44444 4++++ Grade B 4444+++ 4++4+4+ 4++4+++++4444+++ 4+++4++4+4+ +++ + ++ + +4++++++++ 4 44+4+44+ +++++ Area: ++4444++4 ++ ++ ++++4+4++4 +44+4+44+4++ 4++++++++++ ++ ++ ++ +++4++ ++++4+4++ 4+++++ 4300. sq km +44++++44+ ++++++++ +++4+++++4++ ++++++++++++ +++++++++++ + ++4+++++ +++444 Populat,ion 288000. +4+++4+++4 ++++oo+++4 +++++++++++ ++++44++++4+ +4++++ +++ ++++++++ +4'+44444++ 44++++4+++4 ++++44+++++ 4+44+4+4++4 4++4+4++++ +44 ++ Households. 108000 ++++44++++ ++++++++++ ++++4++++4+4 +44++4++ +4+++4444 4+44 4++ + +4+4++++++ ++++4+++++++++ ++++++++ 4444++4+ + +4++ +44 +4+4++4+++4 44++4++444+ 44++++4+4++4+ ++++4++ +++4++++ +++++ + 4+++ 4++++ 4+++ 444+444++44 +++++4+++4 ++4+4+4+4+++++ 4+44+4 +++++4+ 4 ++4 ++4 4++44 +4 +++++ +++4+++ Less t.han grade B + 44++44+++4 ++++4++444 oooooooooooooeo +++++ 4++++++ +4++++ +++4+4++4 +4 +++4+ ++4+++++ +4++++++ 4+ +44+4444+ 44+444+ ++++ +++++++ +4+ 4+ 4 4+ 4 4444++ 4+44 ++ Area; 111810. sq km ++ 4+4 + 4 + 4+44++++++ +++ ++ ++++ ++ +++++++ ++++++ + 44444441 4++++ +4+44+++ +++Q++++ Population: 2196pppp. 444++44++4 ++4+ 4++++++++ 444++ 4++44+4 ++++++++++ +++44 ++ +4+ ''+++ 44 444+ RoUseholds. 4+44+4+++ ++++ +4+++4+++ ++++++++ +++4 4++ 'v 4444 . ++ 44 +++ ++++4444 8179QQQ ++4++ +++++++++ 4+++++++ +++ ++4++ +++++ +4 44+44+4++++++ oo ++++++4++ 76W 0 50 100 200 900