Federal Communications Commission Record 9 FCC Red No
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DA 93-1553 Federal Communications Commission Record 9 FCC Red No. 2 3. This section of the 1992 Cable Act also provides that Before the the Commission may: Federal Communications Commission Washington, D.C. 20554 with respect to a particular television broadcast sta tion, include additional communities within its tele vision market or exclude communities from such In re: station©s television market to better effectuate the purposes of this section. WNNE-TV, INC. CSR-3898-A In considering such requests, the 1992 Cable Act provides For Modification of Station that: WNNE-TV©s ADI the Commission shall afford particular attention to the value of localism by taking into account such MEMORANDUM OPINION AND ORDER factors as- Adopted: December 8, 1993 Released: January 18, 1994 (I) whether the station, or other stations located in the same area, have been historically carried on the cable system or systems within such community; By the Chief, Mass Media Bureau: (II) whether the television station provides coverage or other local service to such community; INTRODUCTION (III) whether any other television station that is eli 1. WNNE-TV, Inc. ["WNNE-TV"], licensee of Station gible to be carried by a cable system in such commu WNNE-TV (NBC, Channel 31), Hartford, Vermont, has nity in fulfillment of the requirements of this section filed the captioned petition for special relief seeking to provides news coverage of issues of concern to such include the communities of Alexandria, Bridgewater, Bris community or provides carriage or coverage of sport tol, and Hebron, New Hampshire within WNNE-TV©s ing and other events of interest to the community; Burlington, Vermont-Plattsburgh, New York "area of and dominant influence" for purposes of the cable television mandatory (IV) evidence of viewing patterns in cable and broadcast signal carriage rules. WNNE-TV©s pe noncable households within the areas served by the tition is opposed by WMTW Holdings Corp. ["WMTW- cable system or systems in such community.5 TV"], licensee of Station WMTW-TV (ABC, Channel 8), Poland Spring, Maine, and WNNE-TV has replied. 4. The legislative history of this provision indicates that: BACKGROUND where the presumption in favor of ADI carriage 2. Pursuant to §4 of the Cable Television Consumer would result in cable subscribers losing access to Protection and Competition Act of 1992 ["1992 Cable local stations because they are outside the ADI in Act"] 1 and implementing rules adopted by the Commission which a local cable system operates, the FCC may in its Report and Order in MM Docket No. 92-259? a make an adjustment to include or exclude particular commercial television broadcast station is entitled to assert communities from a television station©s market con mandatory carriage rights on cable systems located within sistent with Congress© objective to ensure that televi the station©s market. A station©s market for this purpose is sion stations be carried in the areas which they serve its "area of dominant influence," or ADI, as defined by the and which form their economic market. Arbitron audience research organization.3 An ADI is a geographic market designation that defines each television 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 receive a preponderance of total viewing hours in the county. For purposes of this calculation, both over-the-air and cable television viewing are included.4 1 Pub. L. No. 102-385, 106 Stat. 1460 (1992). used for purposes of the initial implementation of the man 2 8 FCC Red 2965, 2976-2977 (1993). datory carriage rules are those published in Arbitron©s 3 Section 4 of the 1992 Cable Act specifies that a commercial 1991-1992 Television Market Guide. broadcasting station©s market shall be determined in the man 4 Because of the topography involved, certain counties are ner provided in §73.3555(d)(3)(i) of the Commission©s Rules, as divided into more than one sampling unit. Also, in certain in effect on May 1, 1991. This section of the rules, now circumstances, a station may have its home county assigned to redesignated §73.3555(e)(3)(i), refers to Arbitron©s ADI for pur an ADI even though it receives less than a preponderance of the poses of the broadcast multiple ownership rules. Section audience in that county. For a more complete description of 76.55(e) of the Commission©s Rules provides that the ADIs to be how counties are allocated, see Arbitron©s Description of Meth odology. 5 47 U.S.C. §534(h)(l)(C)(ii). 270 9 FCC Red No. 2 Federal Communications Commission Record DA 93-1553 any station whose signal substantially duplicates the signal of any other local signal carried, or the signal of more than [This subsection] establishes certain criteria which the one local station affiliated with a particular broadcast net Commission shall consider in acting on requests to work. If, pursuant to these requirements, a system operator modify the geographic area in which stations have elects to carry the signal of only one such duplicating signal carriage rights. These factors are not intended signal, the operator is obliged to carry the station from the to be exclusive, but may be used to demonstrate that ADI whose city of license is closest to the principal a community is part of a particular station©s market.6 headend of the cable system.9 Accordingly, based on the specific circumstances involved, the addition of commu nities to a station©s ADI may guarantee it cable carriage 5. The Commission provided guidance in MM Docket and specific channel position rights, or may simply provide No. 92-259, supra, to aid decision making in these matters, the system operator with an expanded list of must-carry as follows: signals from which to choose (i.e., when the system has used up its channel capacity mandated for broadcast signal For example, the historical carriage of the station carriage, or determined which of duplicating network affili could be illustrated by the submission of documents ated stations are entitled to carriage priority). listing the cable system©s channel line-up (e.g., rate cards) for a period of years. To show that the station provides coverage or other local service to the cable MARKET FACTS AND ARGUMENTS OF THE PARTIES community (factor 2), parties may demonstrate that 8. The communities in question Alexandria. the station places at least a Grade B coverage contour Bridgewater, Bristol, and Hebron, New Hampshire-are all over the cable community or is located close to the located within Grafton County. New Hampshire, which is community in terms of mileage. Coverage of news or part of the Portland-Poland Spring, Maine ADI, and which other programming of interest to the community is adjacent to WNNE-TV©s Burlington, Vermont- could be demonstrated by program logs or other Plattsburgh, New York ADI. The communities are situated descriptions of local program offerings. The final fac in the southwestern part of the ADI, approximately 30 tor concerns viewing patterns in the cable commu miles east of WNNE-TV©s city of license. nity in cable and noncable homes. Audience data 9. In support of its petition, WNNE-TV states that it has clearly provide appropriate evidence about this fac been carried since at least 1984 on the cable system serving tor. In this regard, we note that surveys such as those the communities in question, and in support of this sub used to demonstrate significantly viewed status could mits statements of account filed with the United States be useful. However, since this factor requires us to Copyright Office by the cable system. WNNE-TV notes that evaluate viewing on a community basis for cable and the communities in question are all nearby, within the noncable homes, and significantly viewed surveys station©s predicted Grade A contour, in a county adjacent typically measure viewing only in noncable house to WNNE-TV©s city of license, and that the station is the holds, such surveys may need to be supplemented nearest NBC affiliate to the communities in question. In with additional data concerning viewing in cable addition, states WNNE-TV, it maintains nearby Television homes. Translator Station W65AM, licensed to White River Junc tion, Vermont and located in West Lebanon, New Hamp Id. at 2977 (emphasis in original). shire, some 22 to 25 miles west of the communities in 6. In adopting rules to implement this provision, the question, as well as a mobile uplink truck (Station Commission indicated that changes requested should be E874053) to serve the area. Approximately 50 businesses in considered on a community-by-community basis rather Grafton County advertised on WNNE-TV in 1992, the than on a county-by-county basis, and that they should be station notes, underscoring its links with the communities treated as specific to particular stations rather than ap in question. WNNE-TV also specifically cites news stories plicable in common to all stations in the market.7 The affecting Bristol and other Grafton County communities rules further provide, in accordance with the requirements that it has carried recently, as well as public service an of the 1992 Cable Act, that a station not be deleted from nouncements for various Grafton County organizations, carriage during the pendency of an ADI change request.8 and also weather warnings. The commercial stations en 7. Adding communities to a station©s ADI generally en titled to mandatory carriage in the communities in ques titles that station to insist on cable carriage in those com tion by virtue of the communities© assignation by Arbitron munities.