[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Pages 27811-27813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9552]


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FEDERAL COMMUNICATIONS COMMISSION

 [MM Docket No. 93-8; DA 07-2005]


Commission Seeks To Update the Record for a Petition for 
Reconsideration Regarding Home Shopping Stations

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission seeks to update the record 
for a Petition for Reconsideration filed by the Center for the Study of 
Commercialism (CSC), concerning stations that air home shopping 
programming and their status. The Commission seeks comment on CSC's 
argument that the Commission failed to consider in its public interest 
analysis the significant amount of commercial programming broadcast by 
home shopping stations; on the specific issues concerning how home 
shopping stations serve the people in their communities, including the 
elderly and homebound; on CSC's assertion that the Commission failed to 
consider information relevant to one of three statutory factors, i.e., 
competing demands for the spectrum; and on CSC's assertion that the 
Cable Act requires the Commission to consider non-broadcast uses in its 
analysis of competing demands for spectrum. The Commission would like 
to update the record for this proceeding before ruling on the petition.

[[Page 27812]]


DATES: Comments for this proceeding are due on or before June 18, 2007; 
reply comments are due on or before July 2, 2007.

ADDRESSES: You may submit comments, identified by MM Docket No. 93-8, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Belinda Nixon, [email protected] of the Media 
Bureau, Policy Division, (202) 418-1382. Press inquiries should be 
directed to Mary Diamond of the Media Bureau, (202) 418-2388. TTY: 
(202) 418-7172 or (888) 835-5322.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 07-2005 released on May 4, 2007. The full text of this 
document is available for public inspection and copying during regular 
business hours in the FCC Reference Center, Federal Communications 
Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. These 
documents will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/
). (Documents will be available electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text may be purchased from the 
Commission's copy contractor, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. To request this document in accessible formats 
(computer diskettes, large print, audio recording, and Braille), send 
an e-mail to [email protected] or call the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Summary of the Notice

    1. In this Public Notice, the Commission seeks to update the record 
for a Petition for Reconsideration of its Report and Order in MM Docket 
No. 93-8 (58 FR 39156-01), concerning stations that air home shopping 
programming and their status under section 4(g) of the Cable Television 
Consumer Protection and Competition Act of 1992. In the Report and 
Order, the Commission concluded that television broadcast stations that 
are used predominantly for the transmission of sales presentations or 
program length commercials (such as home shopping stations) serve the 
public interest and are therefore qualified for mandatory cable 
carriage. The Center for the Study of Commercialism (CSC) filed a 
petition for reconsideration of that order. We issue this Public Notice 
because the Commission would like to update the record for this 
proceeding before ruling on the petition.
    2. On January 14, 1993, the Commission opened a proceeding to 
implement section 4(g) of the Cable Act of 1992. The Cable Act requires 
the Commission to determine, regardless of prior proceedings, whether 
home shopping broadcast stations are serving the public interest, 
convenience, and necessity. Pursuant to this provision, if the 
Commission finds that these stations serve the public interest, it must 
qualify them as local commercial television stations for the purposes 
of mandatory cable carriage, or must-carry. If the Commission found 
that one or more such stations did not serve the public interest, then 
the Act required the Commission to provide them with reasonable time to 
provide different programming. The Cable Act further provides that the 
Commission consider three factors in making its public interest 
determination: ``The viewing of home shopping stations, the level of 
competing demands for the spectrum allocated to such stations, and the 
role of such stations in providing competition to nonbroadcast services 
offering similar programming.''
    3. In the Report and Order, the Commission noted that the 
overwhelming majority of commenters in the proceeding contended that 
home shopping stations do serve the public interest, that their 
programming format should not adversely affect their renewal 
expectancy, and that they should be eligible for must-carry status. 
Addressing the first of the three factors enumerated in Section 4(g), 
the Commission found that home shopping stations have significant 
viewership. With respect to the second factor, the Commission found 
that it must consider the demands only of other television broadcasters 
and not the demands of services other than broadcast television. The 
Commission further found that the licensing process adequately took 
into account the competing demands of television broadcasters for the 
television broadcast spectrum. Finally, turning to the third factor, 
the Commission found that the existence and carriage of home shopping 
broadcast stations play a role in providing competition for 
nonbroadcast services supplying similar programming. Thus, the 
Commission found that each of the three statutory factors supported a 
conclusion that home shopping stations are serving the public interest.
    4. In addition, the Commission found that other factors, including 
the following, supported its conclusion: (1) Home shopping stations 
provide a needed and valuable service to people without the time or 
ability to obtain goods outside the home, including the disabled, 
elderly, and homebound; (2) home shopping stations fulfill public 
interest programming obligations; (3) the role played by the Home 
Shopping Network in assisting minority-controlled and other small and 
marginal stations to attain financial viability; and (4) lack of 
evidence that the marketplace had failed to serve television viewers 
based on the then-present number and variety of home shopping services. 
Accordingly, the Commission concluded that home shopping stations serve 
the public interest, and it therefore qualified them as local 
commercial television stations for the purposes of mandatory cable 
carriage.
    5. CSC argues that (1) the Commission did not consider the amount 
of the commercial programming home shopping stations broadcast when it 
concluded that such stations discharge their obligation to broadcast 
programming that is in the public interest; and (2) the Commission did 
not consider information relevant to the second of the three factors in 
section 4(g) relating to competing uses for the television broadcast 
spectrum.
    6. In order to update our records for this proceeding, we seek 
comment on the issues presented in the petition for reconsideration 
filed by CSC. CSC argues that the Commission failed to consider in its 
public interest analysis the significant amount of commercial 
programming broadcast by home shopping stations. We seek comments on 
this assertion. Additionally, in order to update the record, we're now 
seeking comment on the specific issues concerning how home shopping 
stations serve the people in their communities, including the elderly 
and homebound.
    7. We also seek comment on CSC's assertion that the Commission 
failed to consider information relevant to the second statutory factor, 
i.e., competing demands for the spectrum. Specifically,

[[Page 27813]]

CSC claims that the Commission failed to consider evidence regarding 
Congressional intent that the Commission consider non-broadcast uses 
for the television broadcast spectrum, such as those of police and fire 
departments. We seek comment on CSC's assertion that the Cable Act 
requires the Commission to consider non-broadcast uses in its analysis 
of competing demands for spectrum.
    8. Finally, given the passage of time since the Report and Order 
was adopted, we seek comment on the current number of broadcast 
stations that provide home shopping programs for the majority of their 
broadcast day. How do home shopping stations meet their public interest 
obligations? In particular, how do they comply with the requirements of 
the Children's Television Act of 1990 and licensees' obligation to 
provide coverage of issues facing their communities?
    9. Ex Parte Rules. This proceeding will be treated as a ``permit-
but-disclose'' proceeding subject to the ``permit-but-disclose'' 
requirements under section 1.1206(b) of the Commission's rules. Ex 
parte presentations are permissible if disclosed in accordance with 
Commission rules, except during the Sunshine Agenda period when 
presentations, ex parte or otherwise, are generally prohibited. Persons 
making oral ex parte presentations are reminded that a memorandum 
summarizing a presentation must contain a summary of the substance of 
the presentation and not merely a listing of the subjects discussed. 
More than a one- or two-sentence description of the views and arguments 
presented is generally required. Additional rules pertaining to oral 
and written presentations are set forth in section 1.1206(b).
    10. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 
interested parties may file comments and reply comments on or before 
the dates indicated on the first page of this document. All filings 
must be submitted in MM Docket No. 93-8. Pleadings sent via e-mail to 
the Commission will be considered informal and will not be part of the 
official record. Comments may be filed using: (1) The Commission's 
Electronic Comment Filing System (ECFS), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies.

     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the website for submitting 
comments.
     For ECFS filers, in completing the transmittal screen, 
filers should include their full name, U.S. Postal service mailing 
address, and the applicable docket number: MM Docket No. 93-8. Parties 
may also submit an electronic comment by Internet e-mail. To get filing 
instructions, filers should send an e-mail to [email protected], and include 
the following words in the body of the message: ``get form''. A sample 
form and instructions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although we continue 
to experience delays in receiving U.S. Postal Service mail). All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class mail, Express Mail, and 
Priority Mail should be addressed to 445 12th Street, SW., Washington, 
D.C. 20554.
     People with Disabilities: To request materials in 
accessible formats for persons with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
contact the Consumer and Governmental Affairs Bureau at (202) 418-0530 
or (202) 418-7365 (TTY).
     Copies of any filed documents in this matter are also 
available for inspection in the Commission's Reference Information 
Center: 445 12th Street, SW., Washington, DC 20554, (202) 418-7092.

Federal Communications Commission.
Elizabeth Andrion,
Deputy Chief, Media Bureau.
 [FR Doc. E7-9552 Filed 5-16-07; 8:45 am]
BILLING CODE 6712-01-P