[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Pages 76731-76732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30987]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 10-238; DA 10-2227]


Request for Comment for Report on In-State Broadcast Programming

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

-----------------------------------------------------------------------

SUMMARY: This document solicits public comments and data for use in 
preparation of a report on in-state broadcasting required by Section 
304 of the Satellite Television Extension and Localism Act of 2010 
(STELA). The Commission is required by legislative mandate to submit 
this report no later than August 27, 2011.

DATES: Comments may be filed on or before January 24, 2011, and reply 
comments may be filed on or before February 22, 2011.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Dan Bring, Media Bureau (202) 418-
2164, TTY (202) 418-7172, or e-mail at <a href="/cdn-cgi/l/email-protection#2165404f4f580f6353484f46614742420f464e57"><span class="__cf_email__" data-cfemail="1551747b7b6c3b57677c7b72557376763b727a63">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
document in MB Docket No. 10-238, DA-10-2227, released November 23, 
2010. The complete text of the document is available for inspection and 
copying during normal business hours in the FCC Reference Center, 445 
12th Street, SW., Washington, DC 20554, and may also be purchased from 
the Commission's copy contractor, BCPI, Inc., Portals II, 445 12th 
Street, SW., Washington, DC 20054. Customers may contact BCPI, Inc. at 
their Web site http://www.bcpi.com or call 1-800-378-3160.

Synopsis

    1. Section 304 of the Satellite Television Extension and Localism 
Act of 2010 (STELA) requires the Commission to submit a report on in-
state broadcast programming to the appropriate Congressional committees 
no later than 18 months after its enactment (i.e., August 27, 2011). 
Satellite Television Extension and Localism Act of 2010, Title V of the 
``American Workers, State, and Business Relief Act of 2010,'' Public 
Law 111-175, 124 Stat. 1218 (2010). By this Public Notice, the Media 
Bureau (Bureau) seeks comment for use in preparation of the required 
report.
    2. Specifically, Section 304 of STELA states:

    SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING. Not later 
than 18 months after the date of the enactment of this Act, the 
Federal Communications Commission shall submit to the appropriate 
Congressional committees a report containing an analysis of--
    (1) The number of households in a State that receive the signals 
of local broadcast stations assigned to a community of license that 
is located in a different State;
    (2) the extent to which consumers in each local market have 
access to in-state broadcast programming over the air or from a 
multichannel video programming distributor; and
    (3) whether there are alternatives to the use of designated 
market areas, as defined in section 122 of title 17, United States 
Code, to define local markets that would provide more consumers with 
in-state broadcast programming.

    3. To analyze the issues relating to the availability of in-state 
broadcast stations for consumers, the Bureau seeks comment generally 
regarding the appropriate methodologies, metrics, data sources, and 
level of granularity we should use for our report to Congress required 
under Section 304. We also seek comment regarding our interpretation of 
and metrics appropriate for each of the specific subsections of Section 
304. In addition, the Bureau requests data for use in preparation of 
the report.
    4. Section 304(1): Section 304(1) requires the Commission to 
estimate the number of households in a state that receive the signals 
of local broadcast stations assigned to a community of license that is 
located in a different state. The Bureau proposes to use OET Bulletin 
No. 69 (OET 69) methodology to estimate the number of households in 
each broadcast television station's service area. OET Bulletin 69, 
available at http://www.fcc.gov/oet/info/documents/bulletins/#69, 
provides guidance on the use of the Longley-Rice propagation model and 
U.S. Census blocks to evaluate TV service coverage and interference. 
The Bureau seeks comment on the use of OET 69 and which stations to 
include in the analysis (i.e., commercial, noncommercial educational, 
Class A, translators, satellite, and/or low-power).
    5. Section 304(2): Section 304(2) requires the Commission to 
estimate the extent to which consumers in each local market have access 
to in-state broadcast programming over-the-air or from a multichannel 
video programming distributor (MVPD). The Bureau proposes that the term 
``consumers'' should be interpreted as households, the term ``local 
market'' should be interpreted as the designated market area (DMA), and 
the term ``access'' should refer to the ability to obtain a television 
station's broadcast programming. The Bureau seeks comment on the 
interpretation of these terms.
    6. The Bureau seeks comment on whether the intent of the Section 
304(2) analysis is to identify geographic areas (e.g., counties) and 
associated populations within specific states that have limited access 
to in-state broadcast programming and whether analysis based on DMAs 
will identify these geographic areas and populations. The Bureau also 
seeks comment on whether other criteria should be considered, such as 
network affiliation or whether the stations offer local news. To 
measure the ``extent'' to which consumers in each local market have 
access to in-state broadcast programming, the Bureau intends to 
collect, aggregate, and compare data based on DMAs and counties and 
requests data on a DMA and county basis. Commenters also are invited to 
suggest and provide data for other geographic areas that would be 
responsive to the directive of Section 304(2). Commenters are asked to 
submit any other data that they believe will assist the Commission in 
preparing the report.
    7. In addition, the Bureau seeks comment on three possible 
approaches for measuring the extent of access to in-state broadcast 
programming, whereby we would estimate the number of households that 
have access to (1) a specific number of in-state stations, (2) some 
percentage of their broadcast programming from in-state stations, or 
(3) some percentage of the stations licensed to communities in their 
state. The Bureau asks commenting parties to

[[Page 76732]]

provide data associated with the approach recommended, or to direct the 
Commission to any outside data sources where such specific data may be 
available.
    8. For the Section 304(2) analysis, the Bureau proposes to use the 
Longley-Rice methodology to estimate access to broadcast programming 
over-the-air and data from the Annual Report of Cable Television 
Systems, FCC Form 325, to estimate access to broadcast programming 
carried by some, but not all, cable systems. The Bureau requests that 
all MVPDs provide information on the broadcast stations they carry on 
their systems and whether they carry the same broadcast stations 
throughout the DMA, county or other geographic area. The Bureau seeks 
comment on the proposed sources of data for estimating over-the-air and 
MVPD access to broadcast programming and whether there are other 
sources of data that would provide more reliable estimates. The Bureau 
also seeks comment on the appropriate methodology for combining 
broadcast and MVPD data that may be collected from different sources 
using different geographic bases and the most appropriate way to 
aggregate data from broadcast, cable, DBS, and other MVPDs. Commenters 
are requested to provide relevant data or data sources associated with 
the methodology they recommend.
    9. The Bureau seeks comment on whether and how to include 
information for the United States Virgin Islands, Puerto Rico, and Guam 
in this report. The Bureau also requests that MVPDs provide data to 
measure the extent of access to in-state broadcast programming in these 
three geographic areas.
    10. Section 304(3): Section 304(3) requires the Commission to 
consider alternatives to the use of DMAs to define local markets that 
would provide more consumers with in-state broadcast programming. DMAs 
are used in the planning and purchase of television advertising and are 
also referenced in FCC regulations regarding the carriage of broadcast 
television stations on cable and DBS systems and in the media ownership 
rules. As such, redefining local markets with alternative geographic 
areas would likely affect viewers, the advertising market, the number 
of stations carried by MVPDs, and ownership of stations. The Bureau 
seeks comment on alternatives to the use of DMAs and the effects of 
alternatives on viewers, advertising markets, number of stations 
carried by MVPDs, ownership of stations, network affiliation 
agreements, and areas of exclusivity.

Procedural Matters

    11. Ex Parte Rules. There are no ex parte or disclosure 
requirements applicable to this proceeding pursuant to 47 CFR 
1.204(b)(1).
    12. Comment Information. Pursuant to sections 1.415 and 1.419 of 
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may 
file comments and reply comments on or before the dates indicated on 
the first page of this document. 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.
    See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 
24121 (1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to <a href="/cdn-cgi/l/email-protection#e287818491a2848181cc858d94"><span class="__cf_email__" data-cfemail="95f0f6f3e6d5f3f6f6bbf2fae3">[email protected]</span></a>, and include the following 
words in the body of the message ``get form.'' A Sample form and 
directions will be sent in response.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    <bullet> All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
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.
    <bullet> 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.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington DC 20554.
    <bullet> People with Disabilities: Contact the FCC to request 
materials in accessible formats for people with disabilities (braille, 
large print, electronic files, audio format), send an e-mail to 
<a href="/cdn-cgi/l/email-protection#f5939696c0c5c1b5939696db929a83"><span class="__cf_email__" data-cfemail="ff999c9ccacfcbbf999c9cd1989089">[email protected]</span></a> or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2010-30987 Filed 12-8-10; 8:45 am]
BILLING CODE 6712-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>