[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: 47CFR76.59]



[Page 569]

 

                       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. 76.59  Modification of television markets.



    (a) The Commission, following a written request from a broadcast 

station or a cable system, may deem that the television market of a 

particular commercial television broadcast station should include 

additional communities within its television market or exclude 

communities from such station's television market. In this respect, 

communities may be considered part of more than one television market.

    (b) Such requests for modification of a television market shall be 

submitted in accordance with Sec. 76.7, petitions for special relief, 

and shall include the following evidence:

    (1) A map or maps illustrating the relevant community locations and 

geographic features, station transmitter sites, cable system headend 

locations, terrain features that would affect station reception, mileage 

between the community and the television station transmitter site, 

transportation routes and any other evidence contributing to the scope 

of the market.

    (2) Grade B contour maps delineating the station's technical service 

area and showing the location of the cable system headends and 

communities in relation to the service areas.



    Note to paragraph (b)(2): Service area maps using Longley-Rice 

(version 1.2.2) propagation curves may also be included to support a 

technical service exhibit.



    (3) Available data on shopping and labor patterns in the local 

market.

    (4) Television station programming information derived from station 

logs or the local edition of the television guide.

    (5) Cable system channel line-up cards or other exhibits 

establishing historic carriage, such as television guide listings.

    (6) Published audience data for the relevant station showing its 

average all day audience (i.e., the reported audience averaged over 

Sunday-Saturday, 7 a.m.-1 a.m., or an equivalent time period) for both 

cable and noncable households or other specific audience indicia, such 

as station advertising and sales data or viewer contribution records.

    (c) Petitions for Special Relief to modify television markets that 

do not include such evidence shall be dismissed without prejudice and 

may be refiled at a later date with the appropriate filing fee.

    (d) A cable operator shall not delete from carriage the signal of a 

commercial television station during the pendency of any proceeding 

pursuant to this section.



[58 FR 17361, Apr. 2, 1993, as amended at 64 FR 33796, June 24, 1999; 67 

FR 53892, Aug. 22, 2002]