DA 95-1755 Federal Communications Commission Record 10 FCC Red No. 17 clusive of others, based on measured viewing patterns. Before the Essentially, each county in the United States is allocated to Federal Communications Commission a market based on which home-market stations receive a Washington, D.C. 20554 preponderance of total viewing hours in the county. For purposes of this calculation, both over-the-air and cable television viewing are included.3 In re: 3. Under the Act, however, the Commission is also di rected to consider changes in ADI areas. Section 4 provides Multimedia WMAZ, Inc. CSR-4182-A that the Commission may: Macon, Georgia with respect to a particular television broadcast sta For Modification of Station tion, include additional communities within its tele WMAZ-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 In considering such requests, the Act provides that: Adopted: August 3,1995; Released: August 17,1995 the Commission shall afford particular attention to By the Deputy Chief, Cable Services Bureau: the value of localism by taking into account such factors as - (I) whether the station, or other stations located in INTRODUCTION the same area, have been historically carried on the 1. In the captioned proceeding, Multimedia WMAZ, Inc., cable system or systems within such community; licensee of station WMAZ-TV (CBS, Channel 13), Macon, Georgia (hereinafter "WMAZ-TV") has requested the Com (II) whether the television station provides coverage mission to include the communities of Marshallville, Mon- or other local service to such community; tezuma, Oglethorpe, and all unincorporated areas of (III) whether any other television station that is eli Macon County, Georgia within the Macon, Georgia "area gible to be carried by a cable system in such commu of dominant influence" ("ADI") for the purpose of©obtain nity in fulfillment of the requirements of this section ing signal carriage rights on the cable systems serving those provides news coverage of issues of concern to such communities. AFLAC Broadcast Partners, licensee of sta community or provides carriage or coverage of sport tion WTVM (ABC, Channel 9), Columbus, Georgia ing and other events of interest to the community; ("WTVM"), and Avant Development Corporation, licensee and of station WRBL (CBS, Channel 3), Columbus, Georgia (IV) evidence of viewing patterns in cable and ("WRBL"), filed oppositions to the petition, to which noncable households within the areas served by the WMAZ-TV filed informal comments.1 cable system or systems in such community.6 i 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 where the presumption in favor of ADI carriage Act")2 and implementing rules adopted by the Commission would result in cable subscribers losing access to in its Report and Order in MM Docket 92-259? commercial local stations because they are outside the ADI in television broadcast stations are entitled to assert mandatory which a local cable system operates, the FCC may carriage rights on cable systems located within the station©s make an adjustment to include or exclude particular market. A station©s market for this purpose is its "area of communities from a television station©s market con dominant influence" or ADI as defined by the Arbitron sistent with Congress© objective to ensure that televi audience research organization.4 An ADI is a geographic sion stations be carried in the areas which they serve market designation that defines each television market ex and which form their economic market. 1 WMAZ-TV notes that it inadvertently failed to timely re poses of the broadcast multiple ownership rules. Section spond to the oppositions within the applicable period. The 76.55(e) of the Commission©s Rules provides that the ADIs to be station states that should the Commission not accept WMAZ©s used for purposes of the initial implementation of the man reply in the formal pleading cycle, it should accept the reply as datory carriage rules are those published in Arbitron©s informal comments in response to WRBL and WTVM©s opposi 1991-1992 Television Market Guide. tions. Since the pleading was in fact late-filed, we shall consider 5 Because of the topography involved, certain counties are it as informal comments and not as a reply. 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 614(h)(l)(C) of the 1992 Cable Act specifies that a 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 6 Communications Act of 1934, as amended, §614(h)(l)(C)(ii), redesignated §73.3555(e)(3)(i), refers to Arbitron©s ADI for pur 47 U.S.C. §534(h)(l)(C)(ii). 8784 10 FCC Red No. 17 Federal Communications Commission Record DA 95-1755 ***** station whose signal substantially duplicates the signal of any other local signal carried or the signals 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 a single affiliate of a signal carriage rights. These factors are not intended broadcast network, it is obliged to carry the affiliate from to be exclusive, but may be used to demonstrate that within the ADI whose city of license is closest to the a community is part of a particular station©s market.7 principal headend of the cable system.11 Accordingly, based on the specific circumstances involved, the addition of communities to a station©s ADI may guarantee it cable 5. The Commission provided guidance in its Report and carriage and specific channel position rights; simply pro Order in MM Docket 92-259, supra, to aid decision making vide the system operator with an expanded list of must- in these matters, as follows: carry signals from which to choose, i.e., when it has used up its channel capacity mandated for broadcast signals 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. In its petition, WMAZ-TV asks the Commission to add the station places at least a Grade B coverage contour Marshallville, Montezuma, Oglethorpe, and all over the cable community or is located close to the unincorporated areas of Macon County, Georgia to the community in terms of mileage. Coverage of news or Macon, Georgia ADI so that WMAZ-TV may assert must other programming of interest to the community carry rights on the cable systems serving those commu could be demonstrated by program logs or other nities. WMAZ-TV explains that it began operating in Sep descriptions of local program offerings. The final fac tember 1953 and is affiliated with the CBS network. tor concerns viewing patterns in the cable commu WMAZ-TV submits that because it has been carried for nity in cable and noncable homes. Audience data almost 25 years on the cable systems in the communities, clearly provide appropriate evidence about this fac deletion from the systems would cause significant disrup tor. In this regard, we note that surveys such as those tion to the viewing habits of cable subscribers in the com used to demonstrate significantly viewed status could munities. be useful. However, since this factor requires us to 9. In support of its request, WMAZ-TV states that it has evaluate viewing on a community basis for cable and been carried on the Scripps Howard cable system in Macon noncable homes, and significantly viewed surveys County since 1969. It also asserts that the other cable typically measure viewing only in noncable house systems in the communities have historically carried its holds, such surveys may need to be supplemented signal. With respect to coverage and local service, WMAZ- with additional data concerning viewing in cable TV states that more than one-half of Macon County is homes.8 within its Grade A contour and its Grade B contour wholly encompasses the cable communities. WMAZ-TV 6. In adopting rules to implement this provision, the also asserts that it has a commitment to local programming Commission indicated that changes requested should be and broadcasts some 42 1/2 hours of news, information, considered on a community-by-community basis rather and public affairs programming each week - over half of it than on a county-by-county basis and that they should be devoted to coverage of local news. The station includes a treated as specific to particular stations rather than ap news log reflecting the kind of local issues (sports, crimes, plicable in common to all stations in the market.9 The and accidents) it covers in Us newscasts.