[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Proposed Rules]
[Page 29336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14568]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76

[CS Docket No. 96-119; DA 96-833]


Cable Television Service; List of Major Television Markets

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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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 Cedar Rapids-Waterloo 
television market to include the community of Dubuque, Iowa. This 
action is taken at the request of Cedar Rapids Television Company 
(``CRTV''), licensee of television station KCRG-TV, Channel 9, Cedar 
Rapids, Iowa 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 July 22, 1996 and reply comments 
are due on or before August 12, 1996.

ADDRESSES: Federal Communications Commission, 1919 M Street, NW, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Vanessa Stallings, Cable Services 
Bureau, (202) 418-7200.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking, CS Docket 96-119, adopted May 20, 1996 
and released May 30, 1996. 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 Sec. 76.51 of the rules to add the 
community of Dubuque to the Cedar Rapids-Waterloo 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 the Commission that the television stations 
licensed to Cedar Rapids, Waterloo and Dubuque, Iowa do compete 
throughout much of the proposed combined market area. Moreover, the 
petitioner's proposal appears to be consistent with the Commission's 
policies regarding redesignation of a hyphenated television market. 
Nevertheless, because the facts before us indicate that KCRG-TV and the 
stations licensed to Cedar Rapids, Waterloo and Dubuque may, in fact, 
be competitive, we believe that the initiation of a rulemaking 
proceeding is warranted. Proponents of amendments to Sec. 76.51 of our 
rules, however, should be aware that the standard of proof to change 
the rules is higher than the standard to simply initiate a rulemaking 
proceeding. Under these circumstances, then, it may be helpful to 
receive additional comment on the general nature of any competition 
between KCRG-TV and other stations in the subject market for viewers, 
programming and advertising revenues. Accordingly, comment is requested 
in particular on what consequences, if any, result to the proposal from 
the addition of Dubuque to the Cedar Rapids-Waterloo, Iowa 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. 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 
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 22, 1996 and reply comments on or before August 12, 
1996. 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. This action is taken 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. 96-14568 Filed 6-7-96; 8:45 am]
BILLING CODE 6712-01-P