[Federal Register Volume 66, Number 20 (Tuesday, January 30, 2001)]
[Rules and Regulations]
[Pages 8176-8177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2542]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket Nos. 96-222, 91-221 & 87-8; FCC 00-406]


Reconsideration of National Television Ownership

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial.

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SUMMARY: This document denies a petition seeking reconsideration in 
part of the Report and Order released in this proceeding on August 6, 
1999. It reaffirms the Commission's decision to count a market only 
once when calculating an entity's national ownership reach.

FOR FURTHER INFORMATION CONTACT: Jane Gross; Policy and Rules Division, 
Mass Media Bureau, at (202) 418-2130, TTY (202) 418-2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Memorandum Opinion 
and Order (``MO&O''), in MM Docket Nos. 96-222, 91-221 & 87-8; FCC 00-
406. Adopted November 13, 2000, and released January 19, 2001. The full 
text of this MO&O is available for inspection and copying during 
regular business hours in the FCC Reference Center, 445 Twelfth Street, 
SW, Room CY-A257, Washington DC, and also may be purchased from the 
Commission's copy contractor, International Transcription Service, 
(202) 857-3800, 445 Twelfth Street, SW, Room CY-B402, Washington DC. 
The complete text is also available under the file name fcc00406.pdf on 
the

[[Page 8177]]

Commission's Internet site at www.fcc.gov.

Paperwork Reduction Act

    This document contains no new or modified information collection 
requirements.

Synopsis of Memorandum Opinion and Order

    1. In this MO&O, we deny a petition seeking reconsideration in part 
of the Report and Order (``R&O''), 64 FR 50647, September 17, 1999. In 
the R&O, we modified the national television ownership rule to clarify 
how to calculate a broadcast television station group owner's aggregate 
national audience reach for purposes of determining compliance with the 
35% limit on such reach. The national ownership cap itself was at issue 
in the 1998 Biennial Review of Broadcast Ownership Rules. In our 
recently released Report in that proceeding we decided to retain the 
current 35% limit on a broadcast television station group owner's 
aggregate national audience reach.
    2. In the R&O, we concluded that the public interest would be 
served by counting a market only once when calculating an entity's 
national ownership reach, even if that entity has an attributable 
interest in more than one television station in that market. 
Specifically, we narrowed the general ``satellite exemption'' to our 
ownership rules to exempt from the national ownership rule only 
satellite television stations in the same market as their parents; 
decided not to incorporate same-market local marketing agreements 
(LMAs) into the calculation of the brokering station's national 
audience reach; and replaced the Commission's use of Arbitron's Areas 
of Dominant Influence (ADIs) to define geographic television markets 
with the use of Nielsen's Designated Market Areas (DMAs). Consequently, 
owners of television stations that have an attributable interest in 
another TV station in the same market, or that operate a satellite 
station in the same market, do not have to double count those markets 
in calculating their national aggregate television audience reach. 
However, a station owner with an attributable interest in a station in 
a separate market (including satellite stations and LMAs) would have to 
count that additional audience as part of its national aggregate 
audience.
    3. The Office of Communication, Inc. of United Church of Christ et 
al. (UCC et al.) seek reconsideration of the Commission's decision to 
count a market only once when calculating an entity's national 
ownership reach. UCC et al. argue that the Commission should instead 
attribute between 50% and 100% of the DMA households to an entity's 
second station in a market for purposes of calculating the national 
audience reach. Although they argue this specifically in the context of 
TV duopolies, they also contend that intramarket satellites and LMAs 
should be attributed similarly.
    4. We reaffirm our decision to count a market only once when 
calculating an entity's national ownership reach. We discussed this 
decision in detail in the context of satellites and LMAs, and also 
noted that the concept is equally applicable to any situation in which 
an entity has an attributable interest in more than one TV station in a 
television market. We stated that when two stations in a market are 
commonly owned by virtue of the local television ownership rule (i.e., 
a duopoly), that market's audience reach will be counted only once when 
calculating the group owner's national aggregate audience reach. We 
explained that, regardless of a station's actual viewership, a licensee 
is attributed with all of the viewership in the entire DMA. Therefore, 
increasing actual viewership by adding a second station does not affect 
the audience reach calculation, as that calculation already includes 
all the viewers in that DMA.
    5. UCC et al. have not raised any arguments that persuade us to 
revisit this decision. Indeed, many of UCC et al.'s criticisms appear 
to be directed not at the national cap itself, but at limiting 
consolidation in local markets. The issue of how much consolidation 
should be permitted in local markets is addressed in our local 
ownership proceeding.

Ordering Clauses

    6. Pursuant to the authority contained in sections 4(i), 303(r),and 
405 of the Communications Act of 1934, as amended, and section 1.429(i) 
of the Commission's rules, 47 CFR 1.429(i), it is ordered that the 
Petition for Reconsideration in this proceeding is denied.
    7. This proceeding is hereby terminated.

List of Subjects in 47 CFR Part 73

    Television broadcasting.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-2542 Filed 1-29-01; 8:45 am]
BILLING CODE 6712-01-P