[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Proposed Rules]
[Pages 45127-45128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21491]



=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[CS Docket No. 95-139; DA 95-1832]


Cable Television Service; List of Major Television Markets

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Commission, through this action, invites comments on its 
proposal to amend its rules regarding the listing of major television 
markets, to change the designation of the Raleigh-Durham-Goldsboro 
television market to include the community of Fayetteville, North 
Carolina. This action is taken at the request of Capital Cities/ABC, 
Inc., licensee of television station WTVD-TV, channel 11, Durham, North 
Carolina; Capitol Broadcasting Company, Inc., licensee of television 
station WRAL-TV, channel 5, Raleigh, North Carolina; Delta 
Broadcasting, Inc., licensee of television station WKFT-TV, channel 40, 
Fayetteville, North Carolina; FSF TV, Inc., licensee of television 
station WRDC-TV, channel 28, Durham, North Carolina; and Paramount 
Stations Group of Raleigh Durham, Inc., licensee of television station 
WLFL-TV, channel 22, Raleigh, North Carolina and it 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 October 20, 1995, and reply 
comments are due on or before November 6, 1995.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
William H. Johnson, Cable Services Bureau, (202) 416-0800.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking, CS Docket 95-139, adopted August 15, 
1995, and released August 29, 1995. The full text of this decision 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 Notice of Proposed Rulemaking

    1. The Commission, in response to a Petition for Rulemaking filed 
by the petitioner, proposed to amend Section 76.51 of the Rules to add 
the community of Fayetteville to the Raleigh-Durham-Goldsboro 
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

[[Page 45128]]

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 the Commission that the television stations 
licensed to Raleigh, Durham and Goldsboro, North Carolina do compete 
throughout much of the proposed combined market area, and that 
sufficient evidence has been presented tending to demonstrate 
commonality between the proposed communities to be added to the market 
designation and the market as a whole that ``hyphenation'' of the 
market should be proposed. Moreover, the petitioners' proposal appears 
to be consistent with the Commission's policies regarding redesignation 
of a hyphenated television market. Accordingly, comment is requested on 
the proposed addition of Fayetteville to the Raleigh-Durham-Goldsboro, 
North Carolina 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 
Rulemaking, 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. Pub. L. No. 96-354, 
94 Stat. 1164, 5 U.S.C. section 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 
Secs. 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 October 20, 1995, and reply comments on or before November 
6, 1995. 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 
comments, 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. 95-21491 Filed 8-29-95; 8:45 am]
BILLING CODE 6712-01-M