29336 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Proposed Rules

List of Subjects in 47 CFR Part 76

Cable television.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–14567 Filed 6–7–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 76

[CS Docket No. 96–119; DA 96–833]

Cable Television Service; List of Major

Television Markets

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission, through this

action, invites comments on its proposal

to amend its rules regarding the listing

of major television markets, to change

the designation of the Cedar RapidsWaterloo television market to include

the community of Dubuque, Iowa. This

action is taken at the request of Cedar

Rapids Television Company (‘‘CRTV’’),

licensee of television station KCRG–TV,

Channel 9, Cedar Rapids, Iowa and it is

taken to test the proposal for market

hyphenation through the record

established based on comments filed by

interested parties.

DATES: Comments are due on or before

July 22, 1996 and reply comments are

due on or before August 12, 1996.

ADDRESSES: Federal Communications

Commission, 1919 M Street, NW,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Vanessa Stallings, Cable Services

Bureau, (202) 418–7200.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rulemaking, CS Docket 96–

119, adopted May 20, 1996 and released

May 30, 1996. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, NW, Washington,

DC 20554, and may be purchased from

the Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 1919 M Street, NW,

Washington, DC 20554.

Synopsis of the Notice of Proposed

Rulemaking

1. The Commission, in response to a

Petition for Rulemaking filed by the

petitioner, proposed to amend § 76.51 of

the rules to add the community of

Dubuque to the Cedar Rapids-Waterloo

television market.

2. In evaluating past requests for

hyphenation of a market, the

Commission has considered the

following factors as relevant to its

examination: (1) The distance between

the existing designated communities

and the community proposed to be

added to the designation; (2) whether

cable carriage, if afforded to the subject

station, would extend to areas beyond

its Grade B signal coverage area; (3) the

presence of a clear showing of a

particularized need by the station

requesting the change of market

designation; and (4) an indication of

benefit to the public from the proposed

change. Each of these factors helps the

Commission to evaluate individual

market conditions consistent ‘‘with the

underlying competitive purpose of the

market hyphenation rule to delineate

areas where stations can and do, both

actually and logically, compete.’’

3. Based on the facts presented, the

Commission believes that a sufficient

case for redesignation of the subject

market has been set forth so that this

proposal should be tested through the

rulemaking process, including the

comments of interested parties. It

appears from the information before the

Commission that the television stations

licensed to Cedar Rapids, Waterloo and

Dubuque, Iowa do compete throughout

much of the proposed combined market

area. Moreover, the petitioner’s proposal

appears to be consistent with the

Commission’s policies regarding

redesignation of a hyphenated television

market. Nevertheless, because the facts

before us indicate that KCRG–TV and

the stations licensed to Cedar Rapids,

Waterloo and Dubuque may, in fact, be

competitive, we believe that the

initiation of a rulemaking proceeding is

warranted. Proponents of amendments

to § 76.51 of our rules, however, should

be aware that the standard of proof to

change the rules is higher than the

standard to simply initiate a rulemaking

proceeding. Under these circumstances,

then, it may be helpful to receive

additional comment on the general

nature of any competition between

KCRG–TV and other stations in the

subject market for viewers,

programming and advertising revenues.

Accordingly, comment is requested in

particular on what consequences, if any,

result to the proposal from the addition

of Dubuque to the Cedar RapidsWaterloo, Iowa television market.

Initial Regulatory Flexibility Analysis

4. The Commission certifies that the

Regulatory Flexibility Act of 1980 does

not apply to this rulemaking proceeding

because if the proposed rule amendment

is promulgated, there will not be a

significant economic impact on a

substantial number of small business

entities, as defined by section 601(3) of

the Regulatory Flexibility Act. A few

cable television system operators will be

affected by the proposed rule

amendment. The Secretary shall send a

copy of this Notice of Proposed

Rulemaking, including the certification,

to the Chief Counsel for Advocacy of the

Small Business Administration in

accordance with paragraph 603(a) of the

Regulatory Flexibility Act. Pub. L. 96–

354, 94 Stat. 1164, 5 U.S.C. section 601

et seq. (1981).

Ex Parte

5. This is a non-restricted notice and

comment rulemaking proceeding. Ex

parte presentations are permitted,

provided they are disclosed as provided

in the Commission’s Rules. See

generally 47 CFR 1.1202, 1.1203 and

1.1206(a).

Comment Dates

6. Pursuant to applicable procedures

set forth in §§ 1.415 and 1.419 of the

Commission’s rules, interested parties

may file comments on or before July 22,

1996 and reply comments on or before

August 12, 1996. All relevant and timely

comments will be considered before

final action is taken in this proceeding.

To file formally in this proceeding,

participants must file an original and

four copies of all comments, reply

comments, and supporting comments. If

participants want each Commissioner to

receive a personal copy of their

comments, an original plus nine copies

must be filed. Comments and reply

comments should be sent to the Office

of the Secretary, Federal

Communications Commission,

Washington, DC 20554. Comments and

reply comments will be available for

public inspection during regular

business hours in the FCC Reference

Center (Room 239) of the Federal

Communications Commission, 1919 M

Street, NW., Washington, DC 20554.

7. This action is taken pursuant to

authority delegated by § 0.321 of the

Commission’s rules.

List of Subjects in 47 CFR Part 76

Cable television.

Federal Communications Commission.

William H. Johnson,

Deputy Chief, Cable Services Bureau.

[FR Doc. 96–14568 Filed 6–7–96; 8:45 am]

BILLING CODE 6712–01–P