Federal Communications Commission Record 9 FCC Red No
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DA 93-1554 Federal Communications Commission Record 9 FCC Red No. 2 its "area of dominant influence," or ADI, as defined by the Before the Arbitron audience research organization.4 An ADI is a Federal Communications Commission geographic market designation that defines each television Washington, D.C. 20554 market exclusive of others, based on measured viewing patterns. Essentially, each county in the United States is allocated to a market based on which home-market stations In re: receive a preponderance of total viewing hours in the county. For purposes of this calculation, both over-the-air LIMA COMMUNICATIONS CSR-3825-A and cable television viewing are included.5 CORPORATION 3. This section of the 1992 Cable Act also provides that the Commission may: Lima, Ohio For Modification of Station with respect to a particular television broadcast sta tion, include additional communities within its tele WLIO-TV©s ADI vision market or exclude communities from such station©s television market to better effectuate the purposes of this section. MEMORANDUM OPINION AND ORDER Adopted: December 8, 1993; Released: January 18, 1994 In considering such requests, the 1992 Cable Act provides that: By the Chief, Mass Media Bureau: the Commission shall afford particular attention to the value of localism by taking into account such INTRODUCTION factors as- l..Lima Communications Corporation ("WLIO-TV"], li censee of Station WLIO-TV (NBC, Channel 35), Lima, (I) whether the station, or other stations located in Ohio, has filed the captioned petition for special relief the same area, have been historically carried on the seeking to include 98 communities in Auglaize, Hancock, cable system or systems within such community: Hardin, Mercer, Putnam, and Van Wert Counties, Ohio, (II) whether the television station provides coverage within the Lima, Ohio "area of dominant influence" for or other local service to such community: purposes of the cable television mandatory broadcast signal carriage rules. 1 WLIO-TV©s petition is opposed by Outlet (III) whether any other television station that is eli Broadcasting, Inc. ["WCMH-TV"]. licensee of Station gible to be carried by a cable system in such commu WCMH-TV (NBC, Channel 4), Columbus, Ohio, and by nity in fulfillment of the requirements of this section Findlay TV Corporation ["W47BD"|, licensee of Low Pow provides news coverage of issues of concern to such er Television Station W47BD (Channel 47), Findlay, Ohio. community or provides carriage or coverage of sport In addition, Corporation for General Trade |"WKJG-TV"|, ing and other events of interest to the community; licensee of Station WKJG-TV (NBC, Channel 33), Fort and Wayne, Indiana, has filed comments on WLIO-TV©s peti (IV) evidence of viewing patterns in cable and tion. WLIO-TV has replied. noncable households within the areas served by the cable system or systems in such community." BACKGROUND 4. The legislative history of this provision indicates that: 2. Pursuant to §4 of the Cable Television Consumer Protection "and Competition Act of 1992 ["1992 Cable Act") 2 and implementing "rules adopted by the Commis where the presumption in favor of ADI carriage sion in its Report and Order in MM Docket No. 92-259.* a would result in cable subscribers losing access to commercial television broadcast station is entitled to assert local stations because they are outside the ADI in mandatory carriage rights on cable systems located within which a local cable system operates, the FCC may the station©s market. A station©s market for this purpose is make an adjustment to include or exclude particular © WLIO-TV initially sought also to include a ninety-ninth used for purposes of the initial implementation of the man community Mt. Victory, Ohio--within the Lima, Ohio area of datory carriage rules are those published in Arbitron©s dominant influence. This portion of the petition has been with 1991-1992 Television Market Guide. drawn. A list of all 98 communities in which WLIO-TV seeks 5 Because of the topography involved, certain counties are mandatory carriage rights is contained in the Appendix. divided into more than one sampling unit. Also, in certain 2 Pub. L. No. 102-385, 106 Stat. 1460 (1992). circumstances, a station may have its home county assigned to 3 8 FCC Red 2965, 2976-2977 (1993). an ADI even though it receives less than a preponderance of the 4 Section 4 of the 1992 Cable Act specifies that a commercial audience in that county. For a more complete description of broadcasting station©s market shall be determined in the man how counties are allocated, see Arbitron©s Description of Meth ner provided in §73.3555(d)(3)(i) of the Commission©s Rules, as odology. in effect on May 1, 1991. This section of the rules, now s 47 U.S.C. §534(h)(l)(C)(ii). redesignated §73.3555(e)(3)(i), refers to Arbitron©s ADI for pur poses of the broadcast multiple ownership rules. Section 76.55(e) of the Commission©s Rules provides that the ADls to be 274 9 FCC Red No. 2 Federal Communications Commission Record DA 93-1554 communities from a television station©s market con to devote no more than one-third of the system©s activated sistent with Congress© objective to ensure that televi channel capacity to compliance with the mandatory signal sion stations be carried in the areas which they serve carriage obligations; 2) the station is responsible for and which form their economic market. delivering a good quality signal to the principal headend of the system; 3) indemnification may be required for any increase in copyright liability resulting from carriage; and 4) the system operator is not required to carry the signal of any station whose signal substantially duplicates the signal [This subsection] establishes certain criteria which the of any other local signal carried, or the signal of more than Commission shall consider in acting on requests to one local station affiliated with a particular broadcast net modify the geographic area in which stations have work. If, pursuant to these requirements, a system operator signal carriage rights. These factors are not intended elects to carry the signal of only one such duplicating to be exclusive, but may be used to demonstrate that signal, the operator is obliged to carry the station from the a community is part of a particular station©s market.© ADI whose city of license is closest to the principal headend of the cable system. 10 Accordingly, based on the specific circumstances involved, the addition of commu 5. The Commission provided guidance in MM Docket nities to a station©s ADI may guarantee it cable carriage No. 92-259, supra, to aid decision making in these matters, and specific channel position rights, or may simply provide as follows: the system operator with an expanded list of must-carry signals from which to choose (i.e., when the system has For example, the historical carriage of the station used up its channel capacity mandated for broadcast signal could be illustrated by the submission of documents carriage, or determined which of duplicating network affili listing the cable system©s channel line-up (e.g., rate ated stations are entitled to carriage priority). cards) for a period of years. To show that the station provides coverage or other local service to the cable community (factor 2), parties may demonstrate that MARKET FACTS AND ARGUMENTS OF THE PARTIES the station places at least a Grade B coverage contour 8. The communities here in question are located in six over the cable community or is located close to the Ohio counties in four ADIs, The communities in Auglaize community in terms of mileage. Coverage of news or and Mercer Counties are located in the Dayton, Ohio ADI. other programming of interest to the community The communities in Hardin County are located in the could be demonstrated by program logs or other Columbus, Ohio ADI. The communities in Hancock and descriptions of local program offerings. The final fac Putnam Counties are located in the Toledo, Ohio ADI. tor concerns viewing patterns in the cable commu The communities in Van Wert County are located in the nity in cable and noncable homes. Audience data Fort Wayne, Indiana ADI. WLIO-TV©s Lima. Ohio ADI clearly provide appropriate evidence about this fac consists solely of Alien County, and the counties here in tor. In this regard, we note that surveys such as those question surround Alien County on all sides, largely within used to demonstrate significantly viewed status could WLIO-TV©s 35-mile zone and all within the station©s be useful. However, since this factor requires us to 55-mile zone. In addition, WLIO-TV©s predicted Grade B evaluate viewing on a community basis for cable and contour covers virtually all of the communities in ques noncable homes, and significantly viewed surveys tion. typically measure viewing only in noncable house 9. In support of its petition, WLIO-TV states that it has holds, such surveys may need to be supplemented been "carried on virtually all of the systems involved . with additional data concerning viewing in cable for a substantial period of time . ." WLIO-TV further homes. states that it provides a substantial amount of news and other programming that is responsive to local issues and Id. at 2977 (emphasis in original). concerns in the communities in question, and lists or 6. In adopting rules to implement this provision, the summarizes several examples of such programming since Commission indicated that changes requested should be 1991. and also submits a videotape. In addition. WLIO-TV considered on a community-by-community basis rather argues that there is a community of interest between its than on a county-by-county basis, and that they should be city of license and ADI and the communities WLIO-TV treated as specific to particular stations rather than ap seeks to add to its ADI.