[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28357-28359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13213]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76

[CS Docket No. 94-95; DA 95-1121]


Cable Television Service; List of Major Television Markets

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission, through this action, amends its rules 
regarding the listing of major television markets to change the 
designation of the Tampa-St. Petersburg-Clearwater, Florida television 
market to include the community of Lakeland, Florida. This action is 
taken at the request of Public Interest Corporation, licensee of 
television station WTMV(TV), channel 32, Lakeland, Florida.

EFFECTIVE DATE: Rule provisions of Part 76 shall be effective June 30, 
1995.

FOR FURTHER INFORMATION CONTACT:
Leora Hochstein, Cable Services Bureau, (202) 416-0800.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, CS Docket No. 94-95, adopted May 16, 1995 and 
released May 25, 1995. 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, 1919 M Street NW., 
Washington, DC 20554.

Synopsis of the Report and Order

    1. Before the Commission is the Notice of Proposed Rule Making 
adopted on August 12, 1994 and released on August 15, 1994, 59 FR 43805 
(1994), issued in response to a petition filed by Public Interest 
Corporation, licensee of television station WTMV(TV), channel 32, 
Lakeland, Florida (``WTMV''). The Notice proposed to amend Sec. 76.51 
of the Commission's Rules, to change the designation of the Tampa-St. 
Petersburg-Clearwater, Florida television market to ``Tampa-St. 
Petersburg-Clearwater-Lakeland, Florida.'' No comments in opposition to 
this proposal have been filed.

Background

    2. Section 76.51 of the Commission's Rules enumerates the top 100 
television markets and the designated communities within those markets. 
Among other things, this market list is used to determine the scope of 
territorial exclusivity rights that television broadcast stations may 
purchase and, in addition, may help define the scope of compulsory 
copyright license liability for cable operators in certain 
circumstances. Certain cable television syndicated exclusivity and 
network nonduplication rights are also determined by the presence of 
broadcast station communities of license on this list. Some of the 
markets consist of more than one named community (a ``hyphenated 
market''). Such ``hyphenation'' of a market is based on the premise 
that stations licensed to any of the named communities in the 
hyphenated market do, in fact, compete with all stations licensed to 
such communities. Market hyphenation ``helps equalize competition'' 
where portions of the market are located beyond the Grade B contours of 
some stations in the area yet the stations compete for economic 
support.
    3. Section 4 of the Cable Television Consumer Protection and 
Competition Act of 1992 (``Cable Act''), which amended Section 614 of 
the Communications Act of 1934, as amended (``Act''), requires the 
Commission to make revisions needed to update the list of top 100 
television markets and their designated communities in Sec. 76.51 of 
the Commission's Rules.

Rule Making Comments

    4. The petitioner contends that WTMV in Lakeland competes directly 
with television stations in the Tampa-St. Petersburg-Clearwater 
hyphenated market for audience share and advertising revenues. Although 
Lakeland is located inside the Tampa-St. Petersburg ``area of dominant 
influence'' (``ADI''), the petitioner argues that because Lakeland is 
not a designated community in the above market, WTMV is considered a 
``distant signal'' for purposes of compulsory copyright license 
liability if carried on cable systems more than 35 miles from Lakeland. 
According to the petitioner, the consequence of being classified as a 
``distant signal'' is that cable systems will have to pay significant 
copyright [[Page 28358]] royalties in order to carry WTMV, and WTMV, in 
turn, will have to indemnify the cable systems for these royalties. In 
contrast, stations licensed to communities specifically designated in 
Sec. 76.51 are considered local for all cable systems within the 35-
miles zones of the listed communities in a given hyphenated market and 
are not subject to copyright liability. The petitioner asserts that 
because WTMV may have to pay copyright fees attendant to its carriage 
as a ``distant signal'' that stations in Tampa, St. Petersburg and 
Clearwater do not, WTMV is disadvantaged in its competition with these 
stations.
    5. In support of its proposal, the petitioner states that it meets 
all of the criteria stipulated by the Commission for redesignation of 
the hyphenated market. The petitioner contends that Lakeland is 
sufficiently proximate to Tampa, St. Petersburg and Clearwater to be 
considered part of the Tampa-St. Petersburg-Clearwater hyphenated 
market. According to the petitioner, Lakeland is only 31 miles from 
Tampa, 47 miles from St. Petersburg, and 50 miles from Clearwater. The 
petitioner maintains that because of this geographic proximity, 
Lakeland, Tampa, St. Petersburg and Clearwater have shared economic, 
social and cultural interests which link them together as a single 
television market. The petitioner submits a contour map showing that 
WTMV provides city grade contour coverage to part of Tampa, Grade A 
contour coverage to virtually all of Tampa, and Grade B contour 
coverage to all of St. Petersburg. Clearwater is just beyond WTMV's 
Grade B contour, however, it is part of the Tampa-St. Petersburg ADI. A 
map delineating the Grade B contours of stations in the Tampa area 
reveals that the signal contours of WTMV substantially overlap with the 
signal contours of other stations in the Tampa-St. Petersburg ADI. To 
further support its contention that WTMV competes directly with Tampa 
market stations and is an integral part of the Tampa-St. Petersburg 
ADI, the petitioner asserts that WTMV is widely recognized as a Tampa 
market station. In particular, the petitioner notes the following: 
Tampa newspapers and magazines include WTMV in television program 
listings; Tampa-based publications have recognized the station for its 
programming and commitment to local service; program syndicators charge 
WTMV Tampa market rates for programming; and Tampa businesses as well 
as regional and national advertisers buy time on WTMV. In addition, the 
petitioner states that WTMV carries many ABC, NBC and CBS programs when 
the Tampa network affiliates preempt their network programming and that 
WTMV is the Tampa television affiliate for the Florida Marlins major 
league baseball club. The petitioner urges the Commission to add 
Lakeland to the Tampa-St. Petersburg-Clearwater hyphenated market in 
order to redress what the petitioner perceives as a competitive 
imbalance between WTMV and stations licensed to Tampa, St. Petersburg 
and Clearwater.

Discussion

    6. A ``hyphenated market'' has been described by the Commission as 
a television market that contains more than one major population center 
supporting all stations in the market, with competing stations licensed 
to different cities within the market area. In evaluating past requests 
for hyphenation of a market, the Commission has considered the 
following 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.''
    7. Based on the facts presented here, we believe that a case for 
redesignation of the subject market has been set forth so that this 
proposal should be adopted. It appears from the information before us 
that television stations licensed to Tampa, St. Petersburg, Clearwater 
and Lakeland do compete for programming, audience and advertisers in 
the proposed combined market area, and that sufficient evidence has 
been presented to demonstrate commonality between the proposed 
community to be added to the market designation and the market as a 
whole. In addition, no oppositions to the proposed rehyphenation have 
been filed.
    8. We note that the issue raised by the petitioner regarding WTMV's 
copyright license liability has largely been resolved with the passage 
of the Satellite Home Viewer Act of 1994, which amended Section 111(f) 
of title 17, United States Code. Under this Act, a station located 
within the same ADI as a cable system is no longer considered a 
``distant signal'' on that system for purposes of compulsory copyright 
license liability and, therefore, is not subject to the additional 
copyright fees attendant to ``distant signal'' carriage within the 
market. Applying the Act to the facts of this proceeding, WTMV would 
not be considered a ``distant signal'' if carried on cable systems 
located in the Tampa-St. Petersburg ADI and, therefore, would not face 
additional copyright fees relative to other stations located within the 
same ADI. Nevertheless, we find that the equalization of the regulatory 
status of WTMV with stations in Tampa St. Petersburg and Clearwater 
through the inclusion of Lakeland as a named community in the market is 
warranted given that WTMV competes with these stations for programming, 
audience and advertisers. Such a rationalization of the competitive 
situation appears to be the public benefit which congress anticipated 
by instructing the Commission, in Section 614(f) of the Cable 
Television Consumer Protection and Competition Act of 1992, to make 
necessary revisions to update the market list.
    9. This proceeding is not intended to address the specific 
mandatory cable carriage, syndicated exclusivity or network 
nonduplication obligations of individual cable systems. Redesignation 
of the market reflects in the rules the general competitive situation 
that in fact exists in the local area, allowing the application of the 
more specific rules, including those relating to ``area of dominant 
influence'' changes, to be addressed from the perspective of a properly 
defined market area. Accordingly, the proposed rule change will be 
adopted.
    10. Accordingly, it is ordered, that effective June 30, 1995, 
Sec. 76.51 of the Commission's Rules is amended to include Lakeland, 
Florida, as follows: Tampa-St. Petersburg-Clearwater-Lakeland, Florida.
    11. It is further ordered, that this proceeding IS TERMINATED.
    12. This action is taken by the Cable Services Bureau pursuant to 
authority delegated by Sec. 0.321 of the Commission's rules. 47 CFR 
0.321.

List of Subjects in 47 CFR Part 76

    Cable television.

    Part 76 of Chapter I of title 47 of the Code of Federal Regulations 
is amended as follows: [[Page 28359]] 

PART 76--CABLE TELEVISION SERVICE

    1. The authority citation for Part 76 continues to read as follows:

    Authority: 47 U.S.C. 154, 303.

    2. Section 76.51 is amended by revising paragraph (a)(28) to read 
as follows:


Sec. 76.51  Major television markets.

* * * * *
    (a) * * *
    (28) Tampa-St. Petersburg-Clearwater-Lakeland, Florida
* * * * *
Federal Communications Commission.
William H. Johnson,
Deputy Chief, Cable Services Bureau.
[FR Doc. 95-13213 Filed 5-30-95; 8:45 am]
BILLING CODE 6712-01-M