[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR76.54]



[Page 563]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         COMMISSION (CONTINUED)

 

PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents

 

           Subpart D_Carriage of Television Broadcast Signals

 

Sec. 76.54  Significantly viewed signals; method to be followed for 

special showings.



    (a) Signals that are significantly viewed in a county (and thus are 

deemed to be significantly viewed within all communities within the 

county) are those that are listed in Appendix A of the memorandum 

opinion and order on reconsideration of the Cable Television Report and 

Order (Docket 18397 et al.), FCC 72-530.

    (b) Significant viewing in a cable television community for signals 

not shown as significantly viewed under paragraph (a) or (d) of this 

section may be demonstrated by an independent professional audience 

survey of non-cable television homes that covers at least two weekly 

periods separated by at least thirty (30) days but no more than one of 

which shall be a week between the months of April and September. If two 

surveys are taken, they shall include samples sufficient to assure that 

the combined surveys result in an average figure at least one standard 

error above the required viewing level. If surveys are taken for more 

than 2-weekly periods in any 12 months, all such surveys must result in 

an average figure at least one standard error above the required viewing 

level. If a cable television system serves more than one community, a 

single survey may be taken, provided that the sample includes non-cable 

television homes from each community that are proportional to the 

population.

    (c) Notice of a survey to be made pursuant to paragraph (b) of this 

section shall be served on all licensees or permittees of television 

broadcast stations within whose predicted Grade B contour the cable 

community or communities are located, in whole or in part, and on all 

other system community units, franchisees, and franchise applicants in 

the cable community or communities at least (30) days prior to the 

initial survey period. Furthermore, if a survey is undertaken pursuant 

to the provisions of Sec. 76.33(a)(2)(i) of the rules, notice shall 

also be served on the franchising authority. Such notice shall include 

the name of the survey organization and a description of the procedures 

to be used. Objections to survey organizations or procedures shall be 

served on the party sponsoring the survey within twenty (20) days after 

receipt of such notice.

    (d) Signals of television broadcast stations not encompassed by the 

surveys (for the periods May 1970, November 1970 and February/March 

1971) used in establishing appendix B of the Memorandum Opinion and 

Order on Reconsideration of Cable Television Report and Order, FCC 72-

530, 36 FCC 2d 326 (1972), may be demonstrated as significantly viewed 

on a county-wide basis by independent professional audience surveys 

which cover three separate, consecutive four-week periods and are 

otherwise comparable to the surveys used in compiling the above-

referenced appendix B: Provided, however, That such demonstration shall 

be based upon audience survey data for the first three years of the 

subject station's broadcast operations.



[37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13866, July 14, 1972; 40 

FR 48930, Oct. 20, 1975; 41 FR 32429, Aug. 3, 1976; 42 FR 19346, Apr. 

13, 1977; 53 FR 17051, May 13, 1988; 56 FR 33392, July 22, 1991]