[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Proposed Rules]
[Pages 33792-33793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16253]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 21, 73, and 76

[MM Docket Nos. 94-150, 92-51, 87-154, DA 97-1246]


Television LMAs

AGENCY: Federal Communications Commission.

ACTION: Notice. Request for comments.

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SUMMARY: By this public notice, the Commission requests parties to all 
existing television local marketing agreements (``LMA'') to provide 
certain factual information regarding the terms and characteristics of 
these agreements. This information will supplement the record in 
rulemaking proceedings currently pending before the Commission that 
relate to the treatment of television LMAs under the broadcast 
attribution and ownership rules.

DATES: Parties to any existing television LMAs should file an original 
and four copies of the requested information by July 8, 1997.

ADDRESSES: The requested submissions should be addressed to: Office of 
the Secretary, Federal Communications Commission, Washington, D.C. 
20554.

FOR FURTHER INFORMATION: Alan Baughcum, Mass Media Bureau, Policy and 
Rules Division, (202) 418-2170 or Kim Matthews, Mass Media Bureau, 
Policy and Rules Division, (202) 418-2130.

SUPPLEMENTARY INFORMATION: This is a synopsis of the public notice 
adopted June 12, 1997, and released June 17, 1997. The complete text of 
this public notice is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room 239), 1919 M 
Street, NW, Washington, DC, and may also be purchased from the 
Commission's copy contractor, International Transcription Service 
(ITS), (202) 857-3800, 1919 M Street, NW, Room 246, Washington, DC 
20554.

Synopsis of Public Notice Seeking Further Information Regarding 
Television LMAs

    1. By this public notice, the Commission requests parties to all 
existing television local marketing agreements (``LMA'') to provide 
certain factual information regarding the terms and characteristics of 
these agreements. This information will supplement the record in 
rulemaking proceedings currently pending before the Commission that 
relate to the treatment of television LMAs under the broadcast 
attribution and ownership rules.
    2. An LMA, or time brokerage agreement, is a type of contract in 
which the licensee of a broadcast station makes available blocks of 
broadcast time to a broker, who then supplies the programming to fill 
that time and sells the commercial spot announcements to support the 
programming. Currently, the Commission does not attribute television 
LMAs; they consequently are not subject to the broadcast ownership 
rules. See 47 CFR 73.3555. The Commission, however, has proposed to 
treat time brokerage of another television station in the same market 
for more than 15 percent of the brokered station's weekly broadcast 
hours as being attributable, and therefore as counting toward the 
brokering licensee's multiple ownership limits. See Further Notice of 
Proposed Rule Making in MM Docket Nos. 94-150, 92-51, 87-154, FCC 96-
436, at Paras. 26-31 (released November 7, 1996) 61 FR 67275 (published 
December 20, 1996) (Attribution Notice). The Commission has also sought 
comment on how to treat existing television LMAs, including to what 
extent such LMAs should be grandfathered, under any guidelines that are 
adopted that would attribute LMAs to the brokering station. See Second 
Further Notice of Proposed Rule Making in MM Docket Nos. 91-221, 87-8, 
FCC 96-438, at Paras. 80-91 (released November 7, 1996) 61 FR 66978 
(published December 19, 1996) (Local TV Ownership Notice).
    3. In seeking comment on these proposals, the Commission requested 
information on the terms and characteristics of existing television 
LMAs. Attribution Notice at para.31; Local TV Ownership Notice at 
para.87. The commenters, however, have not provided us sufficient 
information on a range of important factual issues. For example, we do 
not have complete information about the number of existing television 
LMAs, the date of origination, the duration of these contractual 
arrangements, or the location of stations subject to LMAs.
    4. To provide a more complete record, the Commission consequently 
requests parties to any existing television LMA, whether it involves 
stations in the same local market or in different markets, to submit 
the following information:
    (1) For both the brokering and brokered stations, the name of the 
licensee, call letters, channel number, and community of license.
    (2) The name and rank of the Nielsen Designated Market Area(s) in 
which the brokering and brokered stations are located.
    (3) Whether the brokering and brokered stations have overlapping 
signal contours and, if so, specify the degree of city grade, grade A 
or grade B overlap.
    (4) The date on which the parties entered into the LMA.
    (5) Information regarding the term of the LMA--specifically, the 
start and end dates of the initial term of the LMA, whether the LMA 
includes renewal provisions, and, if so, the specific terms of such 
renewal provisions, e.g., length, at which party's option the renewal 
may be exercised, whether renewal is automatic, notice for exercising 
renewal option, etc.
    (6) The percentage of the brokered station's weekly broadcast hours 
that is brokered to the brokering station.
    (7) Whether the brokering or brokered stations are owned by or 
affiliated with the ABC, CBS, Fox, NBC, UPN, or WB broadcast television 
networks. If so, please specify the identity of the network and whether 
the relationship between network and station is that of ownership or 
affiliation.
    (8) The reported Nielsen all-day audience share (measuring 9 a.m. 
through midnight) for both the brokering and brokered station during 
the last three most recent rating periods.
    (9) A brief summary of any other information that parties to an 
LMA, at their option, may wish to bring to the Commission's attention, 
such as any efficiencies or public interest benefits they believe have 
resulted from the LMA, whether the station was off the air prior to the 
LMA being entered into, whether the station has been or is for sale, or 
whether the station was constructed while under the LMA.
    5. This factual information will greatly assist the Commission in 
considering the proposals in the Attribution Notice regarding the 
attribution of television LMAs. It is also particularly relevant to the 
Commission's assessment of the need to grandfather existing television 
LMAs in the event they are deemed attributable, and the form this 
grandfathering should take. Parties to existing LMAs are the

[[Page 33793]]

best, if not the sole, source of this information. Failure to provide 
the requested information may impair the Commission's ability to 
fashion appropriate grandfathering rights in the event LMAs are deemed 
attributable. We consequently require for every existing television LMA 
the licensee of the brokering station and/or the licensee of the 
brokered station to submit the information described above. In the 
event parties to an LMA seeking grandfathered status fail to provide 
this information they will be required to explain their failure to do 
so.
    6. Parties should file an original and four copies of the requested 
information by July 8, 1997. These submissions should reference MM 
Docket Nos. 91-221, 87-8, 94-150, 92-51, and 87-154, and should be 
addressed to: Office of the Secretary, Federal Communications 
Commission, Washington, DC 20554. In addition, we encourage, but do not 
require, parties to submit the requested information on diskette. Such 
diskette submissions would be in addition to, and not a substitute for 
the formal filing requirements described above. Those parties 
submitting diskettes should submit them to Alan Baughcum, Federal 
Communications Commission, Mass Media Bureau, Policy & Rules Division, 
2000 M Street, Suite 531, Washington, DC 20554. Such a submission 
should be on a 3.5 inch diskette formatted in an IBM compatible form 
using WordPerfect for Windows or Wordperfect for DOS, versions 5.1 or 
higher. The diskette should be submitted in ``read only'' mode. The 
diskette should be clearly labeled with the party's name, the words 
``TV LMA,'' and the date of submission.
    7. The submissions will be available for viewing and copying in the 
FCC's Public Reference Room, Room 239, 1919 M Street, NW., Washington, 
DC 20554. Copies may also be purchased from the Commission's copy 
contractor, International Transcription Service (202-857-3800).
    8. For additional information, please contact Alan Baughcum (202-
418-2170) or Kim Matthews (202-418-2130) of the Policy & Rules 
Division, Mass Media Bureau.

FCC Notice to Individuals Required by the Paperwork Reduction Act

    9. Public reporting burden for this collection of information is 
estimated to average 1 hour per filing, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing the burden to the Federal Communications 
Commission, Performance Evaluation & Record Management, AMD-PERM, 
Paperwork Reduction Project (3060-0778), Washington, DC 20554. FCC may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number. The foregoing notice is required by the Paperwork 
Reduction Act of 1995, Public Law No. 104-13, October 1, 1995, 44 USC 
3507.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-16253 Filed 6-20-97; 8:45 am]
BILLING CODE 6712-01-P