Federal Communications Commission Record DA 95-917
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10 FCC Red No. 10 Federal Communications Commission Record DA 95-917 filings to a broadcast station or cable system. WVIT Inc.. Before the licensee of station WViT(TV); Post-Newsweek Stations Con Federal Communications Commission necticut, Inc., licensee of WFSB(TV); and Counterpoint Washington, D.C. 20554 Communications, Inc., licensee of WTXX-TV, filed in sup port of the Attorney General supplying supporting data. In re: Cablevision of Connecticut and Cablevision Systems of Southern Connecticut (collectively "Cablevision") filed a Modification of the Television response to which the Attorney General replied. Market of Television Station WFSB 2. The second petition (CSR-3989-A) was filed by the State of Connecticut Department of Public Utility Control ("DPUC") and seeks essentially the same relief with respect Modification of the Television to "all Connecticut communities located in a broadcast Market of Television Station WVIT television market outside the State..."4 This petition was not CSR-3885-A1 accompanied by a request seeking a waiver of the standing CSR-3989-A requirements. WVIT filed in support of the DPUC petition. Attorney General of the State of Connecticut BACKGROUND 3. Pursuant to §4 of the Cable Television Consumer State of Connecticut Department Protection and Competition Act of 1992 ["1992 Cable of Public Utility Control Act"]5 and implementing rules adopted by the Commission in its Report and Order In MM Docket 92-259,6 a commer cial television broadcast station is entitled to MEMORANDUM OPINION AND ORDER assertmandatory carriage rights on cable systems located within the station©s market. A station©s market for this Adopted: April 20, 1995; Released: May 3, 1995 purpose is its "area of dominant influence," or ADI, as defined by the Arbitron audience research organization.7 By the Cable Services Bureau: An ADI is a geographic market designation that defines each television market exclusive of others, based on mea sured viewing patterns. Essentially, each county in the INTRODUCTION United States is allocated to a market based on which 1. Pending are two petitions seeking to include certain home-market stations receive a preponderance of total communities in Fairfield County, Connecticut within the viewing hours in the county. For purposes of this calcula Hartford-New Haven "Area of Dominant Influence" (ADI) tion, both over-the-air and cable television viewing are for purposes of the cable television mandatory broadcast included.8 signal carriage rules. The first (CSR-3885-A) was filed .by 4. Under the Act, however, the Commission is also di Richard Blumenthal, the Attorney General of the State of rected to consider changes in ADI areas. Section 614(h) Connecticut (" Attorney General") and seeks to include 16 provides that the Commission may: communities served by Cablevision of Connecticut and Cablevision of Southern Connecticut2 within the current with respect to a particular television broadcast sta television market of WFSB and WTIC3 Hartford; WTNH, tion, include additional communities within its tele New Haven; WTXX, Waterbury; and WVIT, New Britain, vision market or exclude communities from such Connecticut, all of which are in the Hartford-New Haven station©s television market to better effectuate the ADI. That petition was accompanied by a request for waiv purposes of this section. er of 47 C.F.R. §76.59 which limits market modification 1 The Attorney General and the Department of Public Utility Weston, by default, in its petition. Control had also asked to modify the markets of television 5 Pub. L. No. 102-385, 106 Stat. 1460 (1992). stations WTIC. WTNH, and WTXX. However, those stations * 8 FCC Red 2965, 2976-2977 (1993). filed separate petitions which have been resolved independently 7 Section 4 of the 1992 Cable Act specifies that a commercial of this matter. broadcasting station©s market shall be determined in the man 2 The communities served by Cablevision of Connecticut, in ner provided in §73.3555(d)(3)(i) of the Commission©s Rules, as clude Greenwich, Stamford, New Canaan, Darien, Wilton. in effect on May 1, 1991. This section of the rules, now Norwalk, Weston, Westport, Redding and Easton. The commu redesignated §73.3555(e)(3)(i), refers to Arbitron©s ADI for pur nities served by Cablevision Systems of Southern Connecticut poses of the broadcast multiple ownership rules. Section include Bridgeport, Milford, Fairfield, Stratford, Orange and 76.55(e) of the Commission©s Rules provides that the ADls to be Woodbridge. The Attorney General requests that these commu used for purposes of the initial implementation of the man nities be designated as part of both the Hartford-New Haven and datory carriage rules are those published in Arbitron©s New York television markets. 1991-1992 Television Market Guide. 3 The DPUC included television station WHCT in its original 8 Because of the topography involved, certain counties are di pleading but in an errata replaced this station with WTIC. vided into more than one sampling unit. Also, in certain cir The PUC lists the same communities in its petition as did cumstances, a station may have its home county assigned to an the Attorney General with the one exception of the town of ADI even though it receives less than a preponderance of the Weston. However, the PUC also states that "The Department is audience in that county. For a more complete description of not aware of other communities similarly assigned at present how counties are allocated, see Arbitron©s Description of Meth but if they are identified as such, this Petition would be ap odology. plicable to them." Therefore, we shall include the town of 4939 DA 95-917 Federal Communications Commission Record 10 FCC Red No. 10 5. Section 76.59(a) of the Commission©s rules, which For example, the historical carriage of the station establishes the procedural framework request for seeking could be illustrated by the submission of documents market changes, provides that: listing the cable system©s channel line-up (e.g., rate cards) for a period of years. To show that the station The Commission, following a written request from a provides coverage or other local service to the cable broadcast station or a cable system, may deem that the community (factor 2), parties may demonstrate that television market of a particular commercial televi the station places a Grade B coverage contour over sion broadcast station should include additional com the cable community or is located close to the com munities within its television market or exclude munity in terms of mileage. Coverage of news or communities from such station©s television market, other programming of interest to the community [emphasis added) could be demonstrated by program logs or other descriptions of local program offerings. The final fac tor concerns viewing patterns in the cable commu 6. In considering such requests, the Act provides that: nity in cable and noncable homes. Audience data clearly provide appropriate evidence about this fac the Commission shall afford particular attention to tor. In this regard, we note that surveys such as those the value of localism by taking into account such used to demonstrate significantly viewed status could factors as - be useful. However, since this factor requires us to (I) whether the station, or other stations located in evaluate viewing on a community basis for cable and the same area, have been historically carried on the noncable homes, and significantly viewed surveys cable system or systems within such community; typically measure viewing only in noncable house holds, such surveys may need to be supplemented (II) whether the television station provides coverage with additional data concerning viewing in cable or other local service to such community; homes." (III) whether any other television station that is eli gible to be carried by a cable system in such commu 9. In adopting rules to implement this provision, the nity in fulfillment of the requirements of this section Commission indicated that changes requested should be provides news coverage of issues of concern to such considered on a community-by-community basis rather community or provides carriage or coverage of sport than on a county-by-county basis and that they should be ing and other events of interest to the community; treated as specific to particular stations rather than ap and plicable in common to all stations in the market. 12 The (IV) evidence of viewing patterns in cable and rules further provide, in accordance with the requirements noncable households within the areas served by the of the Act, that a station not be deleted from carriage cable system or systems in such community.9 during the pendency of an ADI change request. 13 10. Adding communities to a station©s ADI generally 7. The legislative history of this provision indicates that: entitles that station to insist on cable carriage in those communities. However, this right is subject to several con ditions: 1) a cable system operator is generally required to The provisions of [this subsection) reflect a recogni devote no more than one-third of the system©s activated tion that the Commission may conclude that a com channel capacity to compliance with the mandatory signal munity within a station©s ADI may be so far removed, carriage obligations; 2) the station is responsible for from the station that it cannot be deemed part of the delivering a good quality signal to the principal headend of station©s market. It is not the Committee©s intention the system; 3) indemnification may be required for any that these provisions be used by cable systems to increase in copyright liability resulting from carriage; and manipulate their carriage obligations to avoid compli 4) the system operator is not required to carry the signal of ance with the objectives of this section.