[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12509]

[[Page Unknown]]

[Federal Register: May 23, 1994]


47 CFR Part 76

[CS Docket No. 94-43; DA 94-458]


Cable Television Service; List of Major Television Markets

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.


SUMMARY: The Commission invites comments on its proposal, initiated by 
a request filed by LeSEA Broadcasting Corporation, the licensee of 
television station WHKE(TV), Kenosha, Wisconsin, to amend the 
Commission's Rules to add the communities of Kenosha and Racine, 
Wisconsin, to the Milwaukee, Wisconsin television market. This action 
is taken to test the proposal for market hyphenation through the record 
established based on comments filed by interested parties.

DATES: Comments are due on or before July 7, 1994, and reply comments 
are due on or before July 22, 1994.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

Alan E. Aronowitz, (202) 632-7792.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, CS Docket No. 94-43, adopted May 5, 
1994, and released May 16, 1994. The complete text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (room 239), 1919 M Street, NW., Washington, DC 
20554, and may be purchased from the Commission's copy contractor, 
International Transcription Service, (202) 857-3800, 2100 M Street, 
NW., Washington, DC 20037.

Synopsis of the Notice of Proposed Rule Making

    1. The Commission, in response to a Petition for Rulemaking filed 
by the petitioner, proposed to amend Sec. 76.51 of the Rules to add the 
communities of Kenosha and Racine, Wisconsin to the Milwaukee 
television market.
    2. In evaluating past requests for hyphenation of a market, the 
Commission has considered the following factors as relevant to its 
examination: (1) The distance between the existing designated 
communities and the community proposed to be added to the designation; 
(2) whether cable carriage, if afforded to the subject station, would 
extend to areas beyond its Grade B signal coverage area; (3) the 
presence of a clear showing of a particularized need by the station 
requesting the change of market designation; and (4) an indication of 
benefit to the public from the proposed change. Each of these factors 
helps the Commission to evaluate individual market conditions 
consistent ``with the underlying competitive purpose of the market 
hyphenation rule to delineate areas where stations can and do, both 
actually and logically, compete.''
    3. Based on the facts presented, the Commission believes that a 
sufficient case for redesignation of the subject market has been set 
forth so that this proposal should be tested through the rulemaking 
process, including the comments of interested parties. It appears from 
the information before us that the television stations licensed to 
Milwaukee, Kenosha and Racine do compete for audiences and advertisers 
throughout much of the proposed combined market area, and that evidence 
has been presented tending to demonstrate commonality between the 
proposed communities to be added to a market designation and the market 
as a whole. Moreover, the petitioner's proposal appears to be 
consistent with the Commission's policies regarding redesignation of a 
hyphenated television market.

Initial Regulatory Flexibility Analysis

    4. The Commission certifies that the Regulatory Flexibility Act of 
1980 does not apply to this rulemaking proceeding because if the 
proposed rule amendment is promulgated, there will not be a significant 
economic impact on a substantial number of small business entities, as 
defined by Section 601(3) of the Regulatory Flexibility Act. A few 
cable television system operators will be affected by the proposed rule 
amendment. The Secretary shall send a copy of this Notice of Proposed 
Rule Making, including the certification, to the Chief Counsel for 
Advocacy of the Small Business Administration in accordance with 
paragraph 603(a) of the Regulatory Flexibility Act. Public Law 96-354, 
94 Stat. 1164, 5 U.S.C. 601 et seq. (1981).

Ex Parte

    5. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, provided they are 
disclosed as provided in the Commission's Rules. See generally 47 CFR 
1.1202, 1.1203 and 1.1206(a).

Comment Dates

    6. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's Rules, interested parties may file comments 
on or before July 7, 1994, and reply comments on or before July 22, 
1994. All relevant and timely comments will be considered before final 
action is taken in this proceeding. To file formally in this 
proceeding, participants must file an original and four copies of all 
comment, reply comments, and supporting comments. If participants want 
each Commissioner to receive a personal copy of their comments, an 
original plus nine copies must be filed. Comments and reply comments 
should be sent to the Office of the Secretary, Federal Communications 
Commission, Washington, DC 20554. Comments and reply comments will be 
available for public inspection during regular business hours in the 
FCC Reference Center (room 239) of the Federal Communications 
Commission, 1919 M Street, NW., Washington, DC 20554.
    7. Accordingly, this action is taken by the Chief, Cable Services 
Bureau, pursuant to authority delegated by Sec. 0.321 of the 
Commission's Rules.

List of Subjects in 47 CFR Part 76

    Cable television.

Federal Communications Commission.
William H. Johnson,
Deputy Chief, Cable Services Bureau.
[FR Doc. 94-12509 Filed 5-20-94; 8:45 am]