10 FCC Red No. 20 Federal Communications Commission Record DA 95-1852 viewing hours in the county. For purposes of this calcula Before the tion, both over-the-air and cable television viewing are Federal Communications Commission included.4 Washington, D.C. 20554 3. Under the Act. however, the Commission is also di rected to consider changes in ADI areas. Section 614(h) In re: provides that the Commission may: News Press and Gazette CSR-4125-A with respect to a particular television broadcast sta Wilmington, North Carolina tion, include additional communities within its tele vision market or exclude communities from such For Modification of Station station©s television market to better effectuate the WECT-TV©s ADI purposes of this section. In considering such requests, the Act provides that: MEMORANDUM OPINION AND ORDER the Commission shall afford particular attention to Adopted: August 18, 1995; Released: September 18,1995 the value of localism by taking into account such factors as By the Deputy Chief, Cable Services Bureau: (I) whether the station, or other stations located in the same area, have been historically carried on the cable system INTRODUCTION or systems within such community: 1. In the above-captioned proceeding, News Press and Gazette ("News Press"), licensee of Station WECT-TV (II) whether the television station pro (NBC, Ch. 6), Wilmington, NC (hereinafter "WECT-TV") vides coverage or other local service to has requested the Commission to include the communities such community; of Falcon, Fayetteville, Fort Bragg, Godwin. Hope Mills. (III) whether any other television station Pope Air Force Base, Spring Lake. Stedman, and Wade, all that is eligible to be carried by a cable of which are located in Cumberland County. NC. within system in such community in fulfillment the Wilmington, NC, "area of dominant influence" of the requirements of this section pro ("ADI") for the purpose of obtaining mandatory signal vides news coverage of issues of concern carriage rights on the cable system serving those commu to such community or provides carriage nities. FSF TV, Inc., licensee of Station WRDC-TV (NBC. or coverage of sporting and other events Ch. 28), Durham. NC ("WRDC-TV"), filed an opposition of interest to the community; and to the petition, to which WECT-TV filed a reply. (IV) evidence of viewing patterns in ca ble and noncable households within the areas served by the cable system or sys BACKGROUND tems in such community. 5 2. Pursuant to Section 4 of the Cable Television Con sumer Protection and Competition Act of 1992 ("1992 4. The legislative history of this provision indicates that: Cable Act") 1 and implementing rules adopted by the Com mission in its Report and Order in MM Docket 92-259.2 commercial television broadcast stations are entitled to as where the presumption in favor of ADI carriage would sert mandatory carriage rights on cable systems located result in cable subscribers losing access to local stations within the station©s market. A station©s market for this because they are outside the ADI in which a local cable purpose is its "area of dominant influence" or ADI as system operates, the FCC may make an adjustment to defined by the Arbitron audience research organization.3 include or exclude particular communities from a televi An ADI is a geographic market designation that defines sion station©s market consistent with Congress© objective to each television market exclusive of others, based on mea ensure that television stations be carried in the areas which sured viewing patterns. Essentially, each county in the they serve and which form their economic market. United States is allocated to a market based on which home-market stations receive a preponderance of total 1 Pub. L. No. 102-385, 106 Stat. 1460 (19Q2). 1991-1992 Television Market Guide. 2 8 FCC Red 2965, 2976-2977 (1993). 4 Because of the topography involved, certain counties are di 3 Section 614(h)(l)(C) of the 1992 Cable Act specifies that a vided into more than one sampling unit. Also, in certain cir broadcasting station©s market shall be determined in the man cumstances, a station may have its home county assigned to an ner provided in §73.3555(d)(3)(i) of the Commission©s Rules, as ADI even though it receives less than a preponderance of the in effect on May 1, 1991. This section of the rules, now audience in that county. For a more complete description of redesignated §73.3555(e)(3)(i), refers to Arbitron©s ADI for pur how counties are allocated, see Arbitron©s Description of Meth poses of the broadcast multiple ownership rules. Section odology. 76.55(e) of the Commission©s Rules provides that the ADIs to be 5 Communications Act of 1934, as amended, §614(h)(l)(C)(ii), used for purposes of the initial implementation of the man 47 U.S.C. §534(h)(l)(C)(ii). datory carriage rules are those published in Arbitron©s 10331 DA 95-1852 Federal Communications Commission Record 10 FCC Red No. 20 * * * * # one local station affiliated with a particular broadcast net work. If. pursuant to these requirements, a system operator (This subsection] establishes certain criteria which the elects to carry the signal of only a single affiliate of a Commission shall consider in acting on requests to broadcast network, it is obliged to carry the affiliate from modify the geographic area in which stations have within the ADI whose city of license is closest to the signal carriage rights. These factors are not intended principal headend of the cable system. 10 Accordingly, based to be exclusive, but may be used to demonstrate that on the specific circumstances involved, the addition of a community is part of a particular station©s market.6 communities to a station©s ADI may guarantee it cable carriage and specific channel position rights: simply pro vide the system operator with an expanded list of must- 5. The Commission provided guidance in its Report and carry signals from which to choose, i.e., when it has used Order in MM Docket 92-259, supra, to aid decision making up its channel capacity mandated for broadcast signals in these matters, as follows: carriage, or determined which of duplicating network affili ated stations are entitled to carriage priority. For example, the historical carriage of the station could be illustrated by the submission of documents listing the cable system©s channel line-up (e.g., rate MARKET FACTS AND ARGUMENTS OF THE PARTIES cards) for a period of years. To show that the station 8. In its petition. WECT-TV asks the Commission to add provides coverage or other local service to the cable the communities of Falcon. Fayetteville, Fort Bragg. God community (factor 2). parties may demonstrate that win, Hope Mills. Pope Air Force Base, Spring Lake, the station places at least a Grade B coverage contour Stedman. and Wade, all of which are located in Cum over the cable community or is located close to the berland County, NC, to the Wilmington, NC ADI so that community in terms of mileage. Coverage of news or WECT-TV may assert must carry rights on Cablevision of other programming of interest to the community Fayetteville, the cable system serving those communities. could be demonstrated by program logs or other WECT-TV asserts that grant of the modification request descriptions of local program offerings. The final fac would advance Congressional intent because the station has tor concerns viewing patterns in the cable commu been carried by Cablevision since the system©s inception, nity in cable and noncable homes. Audience data and to now exclude the named communities from its mar clearly provide appropriate evidence about this fac ket, would likely result in disruption of service to subscrib tor. In this regard, we note that surveys such as those ers. used to demonstrate significantly viewed status could 9. In support of its request, WECT-TV states that it has be useful. However, since this factor requires us to been carried on Cablevision of Fayetteville, the only cable evaluate viewing on a community basis for cable and system serving the above-referenced communities, since noncable homes, and significantly viewed surveys 1964. With respect to coverage and local service, WECT-TV typically measure viewing only in noncable house states that its Grade B contour wholly encompasses the holds, such surveys may need to be supplemented cable communities and Cumberland County with many of with additional data concerning viewing in cable the communities referenced above also receiving Grade A homes. 7 service. Moreover, to ensure that cable subscribers in these communities have access to the "best possible" signal qual 6. In adopting rules to implement this provision, the ity, the station provides Cablevision with a direct micro Commission indicated that changes requested should be wave feed from its transmitter. WECT-TV also asserts that considered on a community-by-community basis rather it has a commitment to local programming covering news than on a county-by-county basis and that they should be and events important to residents in the cable commu treated as specific to particular stations rather than ap nities. The station includes an exemplary news log from plicable in common to all stations in the market.8 The July, 1993. reflecting the kind of local issues (sports, rules further provide, in accordance with the requirements crimes, weather, and business activities) it covers in its of the Act. that a station not be deleted from carriage newscasts. These news stories were generated by WECT- during the pendency of an ADI change request.9 TV©s Fayetteville news Bureau, which was established in 7.