19562 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Proposed Rules

47 CFR Part 73

[MM Docket No. 93–203, RM–8245, RM–

8340; MM Docket No. 93–206, RM–8284; MM

Docket No. 93–213, RM–8351; MM Docket

93–256, RM–8326]

Radio Broadcasting Services; Isleboro

and Winter Harbor, ME, Hermantown,

MN, Balsam Lake, WI, Taylorville, IL

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; withdrawal of.

SUMMARY: The Commission grants the

requests of Lakeside Broadcasting, Inc.

and Christopher DiPaola to withdraw

their petitions for reconsideration and

motions for stay of the Order in the

above-listed proceedings which

announced a thirty-day application

filing window opening on January 6,

1995, and closing on February 6, 1995.

See 59 FR 61327, November 30, 1994.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 93–203, et al., adopted

March 24, 1995, and released April 10,

1995. The full text of this Commission

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. The complete text of this decision

may also be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 2100 M Street,

NW, Suite 140, Washington, D.C. 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 95–9631 Filed 4–18–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–39; FCC 95–144]

Broadcast Services; Financial Interest

and Syndication Rules

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: This Notice of Proposed Rule

Making is needed to initiate the planned

review of the FCC’s financial interest

and syndication rules prior to their

scheduled expiration date on November

10, 1995. The burden of proof in this

proceeding is on those parties arguing

for continuation of the rules; if these

parties fail to carry this burden, the

rules will be allowed to expire. The

Commission also seeks comment on

whether, in the event these parties do

not meet their burden of proof, it should

accelerate the expiration date of the

rules.

DATES: Comments are due by May 30,

1995, and reply comments are due by

June 14, 1995.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Charles Logan, (202) 776–1653.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making in MM Docket

No. 95–39, FCC 95–144, adopted and

released on April 5, 1995. The complete

text of this NPRM is available for

inspection and copying during normal

business hours in the FCC Reference

Center (room 239), 1919 M Street NW.,

Washington, DC, and also may be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., 2100 M Street NW., suite

140, Washington, DC 20037, (202) 857–

3800.

Synopsis of Notice of Proposed Rule

Making

1. The Commission’s financial interest

and syndication (‘‘fin/syn’’) rules,

originally adopted in 1970, placed

significant restrictions on the ability of

the established networks (ABC, CBS,

and NBC) to own television

programming and engage in the practice

of syndication. In the Second Report

and Order in MM Docket No. 90–162, 58

FR 28927 (May 18, 1993) (‘‘Second

R&O’’), recon. granted in part,

Memorandum Opinion and Order, 58

FR 65132 (Dec. 13, 1993), the

Commission eliminated certain aspects

of the fin/syn rules immediately,

including restrictions on network

acquisition of financial interests and

passive syndication rights in network

programming. The Commission also

established a timetable for the

expiration of the remaining rules, which

include restrictions on network

involvement in the active syndication

and first-run markets, as well as antiwarehousing safeguards. Under this

timetable, these remaining rules are now

set to expire on November 10, 1995. The

Commission’s decision in the Second

R&O was upheld on appeal by the

United States Court of Appeals for the

Seventh Circuit (‘‘Seventh Circuit’’).

Capital Cities/ABC, Inc. v. FCC, 29 F.3d

309 (7th Cir. 1994).

2. The Commission also determined

in the Second R&O that, prior to the

scheduled expiration of the remaining

fin/syn rules, it would conduct a review

of network activities in the financial

interest and syndication areas, and that

this review would be initiated no later

than six months prior to the rules’

scheduled expiration date, i.e., no later

than May 10, 1995. This Notice of

Proposed Rule Making (‘‘NPRM’’)

initiates this planned review. It provides

an opportunity for comment on the

accuracy of the Commission’s

conclusion in the Second R&O that the

remaining fin/syn restrictions should be

eliminated. The NPRM states that

comments submitted by parties who

oppose the scheduled expiration of

these restrictions will need to prove

that, based on the current status of the

program production and distribution

markets and the activities of the

networks since 1993, the Commission

should continue regulation in this area.

Parties arguing for retention of fin/syn

restrictions should support their

positions with empirical data and

economic analysis.

3. The Commission lists the following

factors as being relevant to its review of

the rules: (1) The extent to which a

network-owned program is syndicated

primarily to that network’s affiliates; (2)

patterns that reveal daily in the

introduction of network programs (in

which the networks had financial

interests or syndication rights) into the

syndication market; (3) the percentage

of network programming in which a

network has obtained a financial

interest or syndication right; (4) the

relative change in the number of

independent producers creating and

selling television shows to the networks;

(5) each network’s share of the first-run

syndicated programming domestic

market; (6) concentration of ownership

in the program production industry; (7)

audience shares of first-run syndicated

programming carried by non-network

affiliated stations during prime time; (8)

the overall business practices of

emerging networks, such as Fox, in the

network television and syndication

business; (9) network negotiating

patterns, particularly the manner in

which networks obtain financial

interests and syndication rights and the

extent to which successful negotiations

over back-end rights influence network

buying decisions; (10) network

syndication practices, to the extent they

are permitted; (11) the relationship and

business arrangements between

networks and third-party syndicators of

off-network programming; (12) mergers