[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)] [Proposed Rules] [Pages 34408-34409] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16819] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [CS Docket No. 96-139; DA 96-1012] 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 Houston television market to include the communities of Baytown, Galveston, Alvin, Rosenberg, Katy and Conroe, Texas. This action is taken at the request of Pray, Inc., licensee of television station KRTW(TV), Channel 57 (presently KVVV), Baytown, Texas 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 August 26, 1996 and reply comments are due on or before September 16, 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 96-139, adopted June 21, 1996 and released June 24, 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, D.C. 20554, and may be purchased from the Commission's copy contractor, International Transcription Service, (202) 857-3800, 1919 M Street, NW, Washington, D.C. 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 communities of Baytown, Galveston, Alvin, Rosenberg, Katy and Conroe to the Houston 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 rule making process, including the comments of interested parties. It appears from the information before the Commission that the television stations licensed to Houston, Baytown, Galveston, Alvin, Rosenberg, Katy and Conroe, Texas 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 Baytown, Galveston, Alvin, Rosenberg, Katy and Conroe to the Houston, Texas 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. Public Law 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 August 26, 1996 and reply comments on or before September 16, 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, D.C. 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, N.W., Washington, D.C. 20554. 7. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules. [[Page 34409]] List of Subjects in 47 CFR Part 76 Cable television. Federal Communications Commission. William H. Johnson, Deputy Chief, Cable Services Bureau. [FR Doc. 96-16819 Filed 7-1-96; 8:45 am] BILLING CODE 6712-01-P