Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules
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Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations 45375 modifies Station WZBB(FM)'s license to 47 CFR Part 76 Background specify Stanleytown as its community of 2. Section 76.51 of the Commission's license. Channel 260C3 can be allotted [MM Docket No. 93±304; DA 95±1850] rules enumerates the top 100 television to Stanleytown in compliance with the markets and the designated Commission's minimum distance Cable Television Service; List of Major communities within those markets. separation requirements with a site Television Markets Among other things, this market list is restriction of 12.8 kilometers (18.0 AGENCY: Federal Communications used to determine the scope of miles) northwest. The coordinates for Commission. territorial exclusivity rights that Channel 260C3 at Stanleytown are 36± television broadcast stations may ACTION: 48±47 and 80±04±41. The proposal filed Final rule. purchase and, in addition, may help by WNLB Radio, Inc. (RM±8450), see 59 SUMMARY: The Commission, through this define the scope of compulsory FR 34405, July 5, 1994, requesting the action, amends its rules regarding the copyright license liability for cable substitution of Channel 260A for listing of major television markets to operators in certain circumstances. Channel 260C3 at Rocky Mount, the change the designation of the Los Certain cable television syndicated reallotment of Channel 260C3 to Bassett, Angeles-San Bernardino-Corona- exclusivity and network nonduplication Virginia, is denied. With this action, Fontana-Riverside, California television rights are also determined by the this proceeding is terminated. market to include the community of presence of broadcast station Anaheim, California. This action is communities of license on this list. EFFECTIVE DATE: October 10, 1995. taken at the request of Golden Orange Some of the markets consist of more FOR FURTHER INFORMATION CONTACT: Pam Broadcasting Company, licensee of than one named community (a Blumenthal, Mass Media Bureau, (202) television station KDOC±TV, channel ``hyphenated market''). Such 418±2180. 56, Anaheim, California. ``hyphenation'' of a market is based on the premise that stations licensed to any EFFECTIVE DATE: October 2, 1995. SUPPLEMENTARY INFORMATION: This is a of the named communities in the synopsis of the Commission's Report FOR FURTHER INFORMATION CONTACT: hyphenated market do, in fact, compete and Order, MM Docket No. 94±63, William H. Johnson, Cable Services with all stations licensed to such adopted August 18, 1995, and released Bureau, (202) 416±0800. communities. Market hyphenation August 25, 1995. The full text of this SUPPLEMENTARY INFORMATION: This is a ``helps equalize competition'' where Commission decision is available for synopsis of the Commission's Report portions of the market are located inspection and copying during normal and Order, MM Docket No. 93±304, beyond the Grade B contours of some business hours in the FCC Reference adopted May 16, 1995 and released stations in the area yet the stations Center (Room 239), 1919 M Street, NW., August 28, 1995. The complete text of compete for economic support. Washington, DC. The complete text of this document is available for 3. Section 4 of the Cable Television this decision may also be purchased inspection and copying during normal Consumer Protection and Competition from the Commission's copy contractor, business hours in the FCC Reference Act of 1992 (``Cable Act''), which Center (room 239), 1919 M Street, NW., ITS, Inc., (202) 857±3800, 2100 M amended section 614 of the Washington, DC 20554, and may be Street, NW., Suite 140, Washington, DC Communications Act of 1934, as purchased from the Commission's copy 20037. amended (``Act''), requires the contractor, International Transcription Commission to make revisions needed List of Subjects in 47 CFR Part 73 Service, (202) 857±3800, 1919 M Street, to update the list of top 100 television NW., Washington, DC 20554. markets and their designated Radio broadcasting. Synopsis of the Report and Order communities in § 76.51 of the Commission's rules. Part 73 of title 47 of the Code of a. Before the Commission is the Federal Regulations is amended as Notice of Proposed Rule Making in the Notice of Proposed Rule Making follows: captioned proceeding, 58 FR 68844, 4. The Notice of Proposed Rule December 29, 1993, issued in response Making in this proceeding noted that PART 73Ð[AMENDED] to a petition filed by Golden Orange Anaheim was in the center of the Los Broadcasting Co., licensee of television 1. The authority citation for part 73 Angeles market, 21 miles from station KDOC±TV, channel 56, downtown Los Angeles and virtually continues to read as follows: Anaheim, California (``KDOC'') and the encompassed within the combined 35- Authority: Secs. 303, 48 Stat., as amended, comments received in response thereto. mile zones of San Bernardino, Corona 1082; 47 U.S.C. 154, as amended. The Notice proposed to amend § 76.51 and Fontana and that KDOC±TV's Grade of the Commission's rules, to change the B signal contour encompasses all of the § 73.202 [Amended] designation of the Los Angeles-San designated communities in the market. 2. Section 73.202(b), the Table of FM Bernardino-Corona-Fontana-Riverside, Its Grade B signal contour, the Notice Allotments under Virginia, is amended California television market to ``Los indicated, was similar in location and by adding Stanleytown, Channel 260C3 Angeles-San Bernardino-Corona- coverage to the Grade B contours of and removing Channel 260A at Rocky Fontana-Riverside-Anaheim, other market-area stations. Further, Mount. California.'' Community Cablevision KDOC±TV's transmitter is located at the Company, d/b/a/ Dimension Cable same Sunset Ridge site as those of Federal Communications Commission. Services (``Dimension Cable''), a cable television stations KSCI and KZKI John A. Karousos, television system operator providing which are licensed to San Bernardino. Chief, Allocations Branch, Policy and Rules service to Newport Beach, Irvine, Division, Mass Media Bureau. Tustin, and Orange, the University of Rule Making Comments [FR Doc. 95±21583 Filed 8±30±95; 8:45 am] California, Irvine and the Marine Corps 5. Petitioner KDOC filed brief BILLING CODE 6712±01±F Air Stations in Tustin and El Toro filed comments in support of the requested comments, to which KDOC filed a reply. change in the rules stating that ``there is 45376 Federal Register / Vol. 60, No. 169 / Thursday, August 31, 1995 / Rules and Regulations sufficient commonality between where stations can and do, both actually 12. This action is taken pursuant to Anaheim and the existing communities and logically, compete.'' authority delegated by § 0.321 of the in the television market to merit the 7. Based on the facts set forth in the Commission's rules. 47 CFR 0.321. inclusion of Anaheim in that market.'' Notice of Rulemaking, which have not List of Subjects in 47 CFR Part 76 Dimension Cable in its comments been disputed by the comments herein, incorporated by reference comments it and on the responsive comments, we Cable Television. had filed in Docket 93±209, a believe that a case for redesignation of Part 76, Chapter I of Title 47 of the proceeding involving the New York the subject market has been set forth so Code of Federal Regulations is amended television market in which parties had that this proposal should be adopted. It as follows: been invited to address issues relating to appears from the information before us market hyphenation in large and that television stations licensed to Los PART 76ÐCABLE TELEVISION complex markets like the New York and Angeles, San Bernardino, Corona, SERVICE Los Angeles markets. In those comments Riverside and Anaheim do compete in 1. The authority citation for part 76 Dimension argued that television the proposed combined market area, continues to read as follows: stations in large markets were and that sufficient evidence has been constrained in seeking to exercise presented to demonstrate commonality Authority: 47 U.S.C. 154, 303. mandatory cable carriage rights by between the proposed community to be 2. Section 76.51 is amended by copyright payment obligations outside added to the market designation and the revising paragraph (a)(28) to read as of the market area defined by § 76.51 of market as a whole. Such a follows: the Commission's rules. It then argued: rationalization of the competitive § 76.51 Major television markets. Had Congress intended to relieve broadcast situation appears to be the public stations of potential copyright liability in benefit which Congress anticipated by * * * * * order to qualify for must carry status, it could instructing the Commission, in section (a) * * * have required wholesale revisions to § 76.51 614(f) of the Cable Television Consumer (28) Los Angeles-San Bernardino- of the Commission rules or amended section Protection and Competition Act of 1992, Corona-Riverside-Anaheim, California. 111 of the Copyright Act. Rather than doing to make necessary revisions to update * * * * * so, Congress expressed its intent not to work the market list. This action, moreover, is Federal Communications Commission. any fundamental changes in the copyright William H. Johnson, law. As commenters in this proceeding have entirely consistent with the Report and urged, the Commission should not now allow Order in Docket 93±207, 58 FR 67694, Deputy Chief, Cable Services Bureau. stations to obtain must carry rights (and end- December 22, 1993, which added [FR Doc. 95±21610 Filed 8±30±95; 8:45 am] run the statute) through market redesignation Riverside as a designated community in BILLING CODE 6712±01±M * * * (footnotes omitted). the market. Thus, it urged the Commission not to 8. The issue raised by Dimension adopt the proposed market Cable regarding copyright liability has DEPARTMENT OF DEFENSE redesignation. largely been resolved with the passage of the Satellite Home Viewer Act of 48 CFR Parts 228 and 252 Discussion 1994, which amended section 111(f) of [DFARS Case 95±D305] 6.