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: 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 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 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 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 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. Further, this any station whose signal substantially duplicates the signal section is not intended to permit a cable system to of any other local signal carried, or the signal of more than discriminate among several stations licensed to the one Local station affiliated with a particular broadcast net same community. Unless a cable system can point to work. If, pursuant to these requirements, a system operator particularized evidence that its community is not part elects to carry the signal of only one such duplicating of one station©s market, it should not be permitted to signal, the operator is obliged to carry the station from the single out individual stations serving the same area ADI whose is closest to the principal and request that the cable system©s community be headend of the cable system. 14 Accordingly, based on the deleted from the station©s television market. 10 specific circumstances involved, the addition of commu nities to a station©s ADI may guarantee it cable carriage 8. The Commission provided guidance in MM Docket and specific channel position rights, or may simply provide 92-259, supra, to aid decision making in these matters, as the system operator with an expanded list of must-carry follows: signals from which to choose (i.e., when the system has

9 47 U.S.C. §534(h)(l)(C)(ii). As Congress recognized. "|t|hese 1 © MM Docket 92-259, 8 FCC Red at 2977. factors are not intended to be exclusive . . . ." H.R. Rep. 12 MM Docket 92-259, 8 FCC Red at 2977 n.139. 102-628, 102d Cong., 2d Sess. 97 (1992). 13 47 C.F.R. §76.59. 10 H.R. Rep. 102-628, 102d Cong., 2d Sess. 97-98 (1992). 14 8 FCC Red at 2981.

4940 10 FCC Red No. 10 Federal Communications Commission Record DA 95-917

used up its channel capacity mandated for broadcast signal 14. With respect to the substance of their requests, the carriage, or determined which of duplicating network affili Attorney General and the Connecticut Department of Pub ated stations are entitled to carriage priority). lic Utility Control seek to modify the markets of WFSB, WTNH, WTXX, WVIT, and WTIC, so that certain Fairfield County communities20 are deemed part of the stations© ARGUMENTS OF THE PARTIES Hartford-New Haven ADI as well as part of the New York 11. As an initial matter, the Attorney General has re ADI. The Attorney General and DPUC request that the quested that he be accorded standing to petition for stations© markets be modified so that the 200,000 cable modification of the markets of Hartford-New Haven ADI subscribers located in the communities do not face the commercial television stations. The Attorney General cites prospect of losing access to these stations. the Commission©s Report and Order that allows television 15. While the DPUC did not file a waiver seeking relief broadcasters or cable operators to file for market modifica from our standing requirements, it argues that the stations tion15 and states that his interests are far broader than the named in its petition have met the statutory criteria for "limited interests" of commercial stations or cable oper market modifications. First, each station has been histori ators in that he is obligated to represent the welfare of cally carried by cable systems located within Connecticut 200,000 Fairfield County cable subscribers. The goal of the because the cable operators are serving the communities petition is to prevent these individuals from being "elec pursuant to certificates of public convenience and necessity tronically isolated from their home state" by Cablevision, issued by the Department of Public Utility Control and are which is not currently obliged to carry television stations required to carry Connecticut television stations under state outside its New York ADI. 16 franchise agreements. Second, according to the DPUC, the 12. Cablevision in opposition argues that the current stations have provided residents in all Connecticut commu standing requirement, limiting filings to broadcasters and nities with comprehensive news, opinion and analysis of cable operators, is essential in balancing the goals of public issues in addition to coverage of local, college, and profes participation and administrative efficiency. Cablevision as sional sporting events. Third, out-of-state broadcast stations serts that without the limitation on standing to file a peti do not routinely cover Connecticut news, government op tion for market modification, the Commission risks erations, sports or opinion as well as Connecticut stations. numerous repetitive requests for market modification. 17 Finally. Connecticut broadcast stations are viewed by Con Cablevision points out that the network affiliates have necticut residents; the five stations named in the petition elected retransmission consent in their home ADI of Hart had an overall 21 share of the viewing market in Fairfield ford-New Haven. Consequently, Cablevision questions their County according to L992 Nielsen figures. interest in the relief that the Attorney General seeks on 16. In its comments in response to the Attorney Gen their behalf since the stations in any event would be free to eral©s waiver request, Cablevision argues that the Attorney request retransmission consent rather than mandatory sig General fails to make the specific station-by-station show nal carriage on the Fairfield County cable systems, thus ing required to justify the market modifications he seeks. thwarting the Attorney General©s request seeking must car Cablevision comments that it intends to carry the Con ry status. Cablevision also notes that the petition raises necticut network affiliates on its Fairfield County systems if constitutional concerns because the Attorney General is they give consent for the retransmission of their broadcast seeking to dictate its programming line-up indirectly signals. through the market modification process. 17. WFSB states the following facts to have its market 13. In reply, the Attorney General argues that he should modified to include all the Fairfield County communities be granted standing in his capacity as parens patriae 1* to served by Cablevision of Connecticut and Cablevision of protect the interests of his constituents and .to ensure that Southern Connecticut. The station is an affiliate of CBS the citizens of Connecticut reap the benefits that Congress and operates from a transmitter in Avon, Connecticut, intended to bestow upon them in the 1992 Cable Act. The which is located 7.3 miles northwest of Hartford, and is Attorney General comments that granting the waiver re part of the Hartford-New Haven ADI. Fairfield County, quest will not increase administrative litigation and will not Connecticut is 37.8 miles southwest of Hartford and is part necessarily trigger other parties to file pleadings. The Attor of the New York ADI, which borders the Hartford-New ney General continues by stating that even if the waiver Haven ADI to the south. WFSB©s transmitter is located request were granted, the Commission retains the discre 32.2 miles northeast of Fairfield County and the station tion to only grant further waivers to those classes of parties places a Grade B contour over almost all of the county. it deems appropriate. The Attorney General also argues WFSB has been carried by Cablevision since 1983 and that the constitutional concerns raised by Cablevision are asserts that it has "long provided residents of Fairfield without merit citing Congress© finding that Sections 614 County with coverage of local news, sports, and commu and 615 of the Act are valid economic regulations that do nity affairs." In an attached exhibit, WFSB details that it not restrictthe editorial discretion of cable operators in the carried at least forty-six stories originating in Fairfield channels at their disposal. 19 County communities in the late spring and early summer

15 8 FCC Red at 2977. dependent petitions although another two have filed supporting 16 Attached to the Attorney General©s petition is a packet of 65 comments. letters written by consumers concerned that they will be cut off 18 A state has a quasi-sovereign interest and is entitled to be from local Connecticut broadcast service. The Attorney General granted parens patriae status when: 1) it seeks to protect the argues that this is "a compelling demonstration" that consum well being of its populace, and 2) it seeks to have the benefits of ers, through the Attorney General, have legitimate interests in a federal statute accrue to its residents. See Snapp & Sons v. ensuring carriage of local broadcast stations. Puerto Rico, 458 U.S. 592 .(1982). 17 The operator comments that of the five Hartford-New Haven 19 P See H.R. Rep. No. 628, 102d Cong., 2d Sess. at 72 (1992). ADI commercial television stations, only two have filed in 20 See footnote 3, above.

4941 DA 95-917 Federal Communications Commission Record 10 FCC Red No. 10 of 1993 as well as several editorials of interest to residents the requests is appropriate but only because the stations in the County. WFSB contends that it earns significant have themselves requested the market modifications in ratings in these communities.21 WFSB adds that volved in their supporting comments. The filing of market Cablevision has acknowledged that it provides valuable and modification requests by parties other than the parties spe popular local coverage to its cable subscribers in Fairfield cifically identified in Section 76.59(a) of the rules as eli County.22 Finally, WFSB asserts that New York ADI sta gible to file such requests -- broadcast stations and cable tions do not provide the level of local news, opinion or systems creates procedural and substantive difficulties analysis specific to Fairfield County that WFSB provides. that weigh heavily against expanding filing eligibility. Al 18. WVIT asks for the modification of the Hartford-New though governmental entities may generally represent the Haven ADI to include all Fairfield County communities interests of cable subscribers and television viewers, the served by Cablevision of Connecticut, Cablevision of 1992 Cable Act and the Commission©s rules place many of Southern Connecticut, Comcast Cablevision of Danbury, the decisions concerning broadcast signal carriage directly Telemedia of Western Connecticut and Crown Houstatonic in the hands of broadcasters and cable operators with the Cablevision. WVIT then states the following market facts view that service to the public will result from their de which it argues "militate[sj strongly in favor of awarding cisions. For example, as noted above, television broadcast ©WVIT the right to elect must-carry in Fairfield County." stations have the option of not following the mandatory Fairfield County is less than 30 miles from New Britain, carriage rules and may opt for negotiating carriage under the station©s city of license. WVIT©s Grade B contour cov the Act©s retransmission consent provision. Moreover, a ers virtually all of that county and its Grade A contour station©s program purchasing decisions because of covers nearly half of that county, including Bridgeport, contractual exclusivity requirements could be adversely in Fairfield©s largest city. WVIT states that it has a record of fluenced by carriage outside of industry recognized market historical carriage on the following cable systems: areas. In addition, whether to opt for carriage may depend Cablevision of Connecticut since 1981, Cablevision of on the interest or ability of stations to deliver a good Southern Connecticut since 1983, Comcast Cablevision of quality signal. For these reasons, the rules restrict the Danbury since 1967, Telemedia of Western Connecticut parties eligible to seek market modifications to the in since 1972 and Crown Houstatonic Cablevision since 1977. volved broadcast stations and cable system operators.25 WVIT then explains that it broadcasts pertinent local pro 21. We view the instant situation as unique because the gramming to Fairfield County including three daily half- stations whose carriage is at issue have participated in the hour local news broadcasts arid has aired at least 575 local process and thus the joint filings of the stations and the news stories since August, 1989. WVIT illustrates that it has governmental entities provide the Commission with a basis broadcast a substantial number of statewide public service for action. To require the stations involved to refile sepa campaigns and explains that it is the only Connecticut rately at this point in the process, after the issues have been station which provides viewers with access to the "First squarely joined, would be unduly formalistic. We will Warning System," which through a direct connection to therefore, relying on the submissions of WFSB and WVIT, the National Weather Service flashes severe weather consider the requested modifications. advisories on the viewer©s screen. Inaddition, WVIT also 22. WFSB and WVIT have provided sufficient evidence explains that it provides coverage of Patriots to justify modifying their markets and we grant relief to football, Celtics Basketball, and exclusive Connecti include those communities specified in each station©s in cut broadcasts of Boston Red Sox baseball, to Fairfield dividual comments. At the outset, based on the general County cable subscribers. Finally, WVIT maintains that it geography and market structures implicated, it is evident covers Connecticut news stories in much more detail than that the requested changes would involve a preferable al any New York ADI station. location of the area in question between the markets and would "better effectuate the purposes" of the applicable statutory provisions. For WVIT, Fairfield County is less ANALYSIS AND DECISION than 30 miles from New Britain, its city of license. For 19. Three of the stations that are involved in the peti WFSB, Fairfield County is approximately 40 miles from tions of the Attorney General and the DPUC have filed Hartford, its city of license. Both stations appear closer to independent market modification requests. One of these Fairfield County than stations licensed in the New York requests, involving WTNH was previously granted23 and ADI and the Hartford-New Haven ADI abuts the County two additional requests, involving WTIC and WTXX, are to the south. Turning to the factors specified in the 1992 being granted simultaneously with this action.24 Accord Cable Act, we find that WFSB and WVIT have met the ingly, we do not further consider modification of the mar statutory requirements, with their history of carriage and kets of these stations here. local coverage elements being particularly notable. 20. With respect to modification of the markets of 23. WFSB demonstrates that it has been carried on stations WVIT and WFSB, as requested by the Attorney Cablevision©s Fairfield County systems since the early General and the DPUC, we conclude that consideration of 1980s. The fact that the cable operator has continuously

21 FSB incorporates by reference the 1992 Nielsen data submit 24 Counterpoint Communications. Inc., CSR-3839-A (adopted ted by the Attorney General in its petition. The Nielsen County April 20, 1995)(WTXX); 61 Licensee, Inc., CSR-4047-A (adopted summary for Fairfield County, CT, show that WFSB had a 4 April 20, 1995)(WTIQ. share and a 14 cume. The most recent Arbitron data for 1993 25 As Cablevision©s filing suggests there may also be First confirms that showing.V Amendment concerns, apart from the issues in the pending 22 See In re Cablevision Systems Corporation, CSR 3873-A litigation (Turner Broadcasting System, Inc. v. FCC, 114 S. Ct. (Filed May 3, 1993) at 10-U. 2445 (1994)), associated with a state or local government using 23 Cook Inlet Communications, Inc., DA 95-541 (released: the must-carry rules process to obtain carriage of particular March 24, 1995). stations based on the programming content of these stations.

4942 10 FCC Red No. 10 Federal Communications Commission Record DA 95-917 carried WFSB for over 10 years demonstrates WFSB©s ties treatment and we therefore modify its market to include all to the communities at issue. With respect to coverage and communities served by the above referenced cable oper local service to the cable communities, we believe that ators. WFSB has demonstrated it provides programs of interest to 25. With respect to the third statutory factor, we note the Fairfield County communities by airing at least forty- that WFSB and WVIT indicate that no other television six stories originating in Fairfield County communities in station licensed to communities within the New York ADI May, June and July of 1993 as well as several editorials of provides in-depth coverage of, and programming to, the interest to the residents in the County. A detailed news log communities in question. While neither station provides provided by WFSB supports this conclusion. Also impor news programming logs of New York ADI stations to tant in our decision is Cablevision©s acknowledgement that which it can make a proper comparison, we do not believe WFSB provides valuable and popular local coverage to its that Congress intended the third criterion to operate as a cable subscribers in Fairfield County. As for viewing pat bar to a station©s ADI claim whenever other stations could tern data in cable and non-cable households, WFSB has a also be shown to serve the communities at issue. Under marketplace presence in Fairfield County with a 5 share such circumstances, a denial of carriage rights to the claim and 36 net weekly circulation.26 This is the second highest ing stations could deprive cable viewers of any broadcast ranking for a Hartford-New Haven ADI station in Fairfield signals that might provide programming geared to their County and as high as any New York independent com communities. mercial television station. Finally, WFSB places a Grade B contour over virtually all of Fairfield County. While we recognize that the station does not cover the southwestern ORDER most portion of the county with a predicted Grade B 26. Accordingly, IT IS ORDERED, pursuant to §614 of contour, we believe this should not prevent the commu the Communications Act of 1934, as amended (47 U.S.C. nities located in this region from being part of the modi §534), and §76.59 of the Commission©s Rules (47 C.F.R. fication since the record demonstrates that WFSB has §76.59), that the petitions for special relief filed on April provided local programming service to those areas. In any 28, 1993 by the Attorney General for the State of Connecti event, we believe the historical carriage and programming cut (CSR-3885-A) and on July 2, 1993 by the State of service elements weigh heavily in favor of granting the Connecticut Department of Public Utility Control (CSR- petition. 3989-A) as supported by WVIT Inc. and Post-Newsweek 24. WVIT also demonstrates that it meets the historical Stations - Connecticut, Inc. ARE GRANTED to the extent carriage requirement on several Fairfield County cable sys indicated herein. WFSB©s television market is modified to tems. The fact that each of the cable operators has carried include the Fairfield County communities served by WVIT for at least 10 years signifies its ties to the Fairfield Cablevision of Connecticut and Cablevision of Southern County communities. With respect to coverage and local Connecticut. WVIT©s television market is modified to in service to the cable communities, we believe that WVIT clude all Fairfield County communities served by has shown it provides programs of interest to the Fairfield Cablevision of Connecticut, Cablevision of Southern Con County communities by demonstrating that it airs three necticut, Comcast Cablevision of Danbury, Telemedia of daily half-hour local news programs and has broadcast at Western Connecticut, and Crown Houstatonic Cablevision. least 575 local news stories between August, 1989 and the This change shall be effective in accordance with the fol Summer of 1993. Finally, WVIT places a Grade A contour lowing schedule: WVIT Inc. and Post-Newsweek Stations - over several of the communities and Grade B contour over Connecticut, Inc. shall notify the cable systems in question virtually all of Fairfield County. Like WFSB, we also rec in© writing of its carriage and channel position elections, ognize that the station does not cover the southwestern (§§76.56, 76.57, 76.64(f) of the Commission©s Rules), with most portion of the county with a predicted Grade B in thirty (30) days of the release date of this Memorandum contour. Again, we believe this should not prevent the Opinion and Order. The affected cable systems shall come communities located in this region from being part of the into compliance with the applicable rules within sixty (60) modification since the record demonstrates that WVIT has days of such notification. provided local programming service to those areas. As for 27. This action is taken pursuant to authority delegated viewing pattern data in cable and non-cable households, we by §0.321 of the Commission©s rules. note that the station has a 3 share and 25 net weekly circulation.27 We believe that the audience share figure, while not the strongest factor, when taken as a whole with programming coverage and historical carriage warrants a waiver. Finally, WVIT asks that its market be modified to include all Fairfield County Communities served by Cablevision of Connecticut, Cableviskm of Southern Con necticut, Comcast Cablevision of Danbury, Telemedia of Western Connecticut and Crown Houstatonic Cablevision. Based on the data before us, WVIT would qualify for such

26 See Arbitron©s Television County Coverage for 1993. tion, we shall accept such data as probative, although not con We recognize that these data are county-based, rather than clusive, in cases of this type. community-specific. Absent evidence that such data are not 27 See Arbitron©s Television County Coverage for 1993. fairly reflective of viewing in the actual communities in ques

4943 DA 95-917 Federal Communications Commission Record 10 FCC Red NO. 10

FEDERAL COMMUNICATIONS COMMISSION

William H. Johnson Deputy Chief, Cable Services Bureau

4944