FCC Web Documents citing 76.106

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2936A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2936A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2936A1.txt
  • opposition and to Charter's comments. background Charter's Central Massachusetts cable system is located in the Boston-Cambridge-Worcester-Lawrence, Massachusetts hyphenated television market. A number of Boston-area licensed broadcast stations, including WLVI, possess exclusivity rights to certain non-network programming within the Boston hyphenated market. WNDS places a predicted Grade B contour over certain Massachusetts communities served by Charter's cable systems. Pursuant to Section 76.106(a) of the Commission's rules, WNDS' syndicated programming carried on Charter's systems located within WNDS' predicted Grade B contour is exempt from deletion. However, according to the record, at the time of the petition, Charter deleted WNDS' duplicative syndicated programming throughout its entire Central Massachusetts system. Discussion WNDS asks the Commission to waive Section 76.101 so that Charter may carry its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1872A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1872A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1872A1.txt
  • rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. See 47 C.F.R. �76.101. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. ��73.658 and 76.53. See 47 C.F.R. ��76.92(f) and 76.106. 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). See 47 C.F.R. �76.54(b). See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). Petition at 1. Petition at 1-2. WNKY states that WAVE-TV achieved its significantly viewed status by its inclusion in Appendix B to the Reconsideration of the Cable Television Report and Order, 36 FCC 2d 326, 378 (1992).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-192A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-192A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-192A1.txt
  • delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. ��73.658 and 76.53. 47 C.F.R. �76.106(a). FCC 05-187 (rel 11/2/05) (``SHVERA Order''). 47 C.F.R. �� 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Order at �� 39-41; see also 47 U.S.C. � 340(e)(2). 103 FCC 2d 407 (1986). Section 76.54(b) describes the required survey procedures for adding a station to the significantly viewed list based on community- or system-specific surveys. For
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  • surveyed are located. No opposition to this petition has been received. For the reasons discussed below, we grant, in part, WGME-TV's request. background Upon the request of a local television station with exclusive rights to distribute a network or syndicated program, a cable operator generally may not carry a duplicating program broadcast by a distant station. Under Sections 76.92(f) and 76.106(c) of the Commission's rules, however, an otherwise distant station is exempt from the application of the network nonduplication rules if it is considered ``significantly viewed'' in a relevant community (the ``significantly viewed exception''). The Commission's rules generally provide stations such protection within a station's 35-mile geographic zone. The significantly viewed exception to the exclusivity rules is based on it being
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-761A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-761A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-761A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Virginia Broadcasting Corp. For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-6914-N Adopted: March 31, 2006 Released: April 4, 2006 By the Deputy Chief, Media Bureau: introduction Virginia Broadcasting Corp., licensee of station WVIR-TV (NBC, Ch. 29), Charlottesville, Virginia (``WVIR-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate programming of ``significantly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-762A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-762A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-762A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Sainte Partners, II, LP For Waiver of Sections 76.92(f), 76.106(a), 76.122(j), and 76.123(k) of the Commission's Rules ) ) ) ) ) ) ) CSR-6960-N Adopted: March 31, 2006 Released: April 4, 2006 By the Deputy Chief, Media Bureau: introduction Sainte Partners, II, LP, licensee of television broadcast station KCVU (FOX), Paradise, California (``KCVU''), filed the captioned petition seeking a waiver of the rules that preclude cable operators and satellite
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  • KNBC (NBC), Los Angeles, California (``KNBC'') filed a response to this petition. For the reasons discussed below, we deny KMIR-TV's waiver request. background Upon the request of a local television station with exclusive rights to distribute a network or syndicated program, a cable operator generally may not carry a duplicating program broadcast by a distant station. Under Sections 76.92(f) and 76.106(a) of the Commission's rules, however, a signal otherwise subject to deletion is exempt from application of the network nonduplication and syndicated exclusivity rules (``exclusivity rules'') if it is ``significantly viewed'' in a relevant community (``the significantly viewed exception''). The Commission's rules provide stations such protection within specified geographic zones. The significantly viewed exception to the exclusivity rules is based on
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit D D D � D � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Gulf-California Broadcast Company For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-6374-N Adopted: March 31, 2006 Released: April 4, 2006 By the Deputy Chief, Media Bureau: introduction Gulf-California Broadcast Company, licensee of station KESQ-TV (ABC), Palm Springs, California, and optionee/programmer of station KDFX-CA (FOX), Palm Springs-Indio, California (``Gulf''), filed the captioned petition seeking a waiver of the rule that precludes cable
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Capitol Broadcasting Company, Inc. Petition For Waiver of Sections 76.92(f), 76.106(a), 76.122(j)(2), and 76.123(k) of the Commission's Rules ) ) ) ) ) ) ) CSR-7069-N Adopted: January 31, 2007 Released: February 1, 2007 By the Deputy Chief, Policy Division, Media Bureau: introduction Capitol Broadcasting Company, Inc., licensee of station WRAL-TV (CBS), Raleigh, North Carolina (``WRAL-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-194A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-194A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit , , , � � , @ � , � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of MMK License LLC Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-6382-N Adopted: January 24, 2007 Released: January 25, 2007 By the Deputy Chief, Policy Division, Media Bureau: introduction MMK License LLC, licensee of television broadcast station WNKY (NBC, Ch. 40), Bowling Green, Kentucky (``WNKY''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Capitol Broadcasting Company, Inc. Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7051-N Adopted: January 25, 2007 Released: January 31, 2007 By the Deputy Chief, Policy Division, Media Bureau: introduction Capitol Broadcasting Company, Inc., licensee of station WRAL-TV (CBS), Raleigh, North Carolina (``WRAL-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate programming
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Gray Television Licensee, Inc. Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7008-N Adopted: January 25, 2007 Released: January 31, 2007 By the Deputy Chief, Policy Division Media Bureau: introduction Gray Television Licensee, Inc., licensee of station KWTX-TV (CBS, Ch. 10), Waco, Texas (``KWTX-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-319A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-319A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-319A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Gray Television Licensee, Inc. Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7009-N Adopted: January 25, 2007 Released: January 31, 2007 By the Deputy Chief, Policy Division, Media Bureau: introduction Gray Television Licensee, Inc., licensee of station KWTX-TV (CBS, Ch. 10), Waco, Texas (``KWTX-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3202A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3202A1.txt
  • Wallingford, Connecticut are located. No oppositions to this petition have been received. For the reasons discussed below, we grant WFSB's waiver request. background Upon the request of a local television station with exclusive rights to distribute a network or syndicated program, a cable operator generally may not carry a duplicating program broadcast by a distant station. Under Sections 76.92(f) and 76.106(a) of the Commission's rules, however, a signal otherwise subject to deletion is exempt from application of the exclusivity rules if it is ``significantly viewed'' in a relevant community (the ``significantly viewed exception''). The Commission's rules generally provide stations such protection within a station's 35-mile geographic zone. The significantly viewed exception to the exclusivity rules is based on a demonstration that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-402A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-402A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-402A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WGFL License Corporation Petition For Waiver of Section 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7032-N Adopted: January 30, 2007 Released: January 31, 2007 By the Deputy Chief, Policy Division, Media Bureau: introduction WGFL License Corporation, licensee of television broadcast station WGFL, High Springs, Florida (``WGFL''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate programming
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-403A1.txt
  • McLennan County, Texas, respectively. No opposition to this petition has been received. For the reasons discussed below, we deny KXXV's waiver request. background Upon the request of a local television station with exclusive rights to distribute a network or syndicated program, a cable operator generally may not carry a duplicating program broadcast by a distant station. Under Sections 76.92(f) and 76.106(a) of the Commission's rules, however, a signal otherwise subject to deletion is exempt from application of the exclusivity rules if it is ``significantly viewed'' in a relevant community (the ``significantly viewed exception''). The Commission's rules generally provide stations such protection within a station's 35-mile geographic zone. The significantly viewed exception to the exclusivity rules is based on a demonstration that
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Virginia Broadcasting Corporation Petition for Waiver of Sections 76.92(f) And 76.106(a) of the Commission's rules ) ) ) ) ) ) CSR-6914-N Adopted: October 11, 2007 Released: October 12, 2007 By the Deputy Chief, Media Bureau: introduction Virginia Broadcasting Corporation, licensee of station WVIR-TV (NBC), Charlottesville, Virginia (``WVIR-TV''), has filed a petition for reconsideration of the Bureau's decision denying WVIR-TV's petition seeking a waiver of the Commission's significantly viewed exception to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1071A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1071A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1071A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Gulf-California Broadcast Company Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7052-N Adopted: May 5, 2008 Released: May 6, 2008 By the Deputy Chief, Policy Division, Media Bureau: introduction Gulf-California Broadcast Company, licensee of station KESQ-TV (ABC), Palm Springs, California (``Gulf''), filed the captioned petition seeking a waiver of the rule that precludes the deletion of programming of ``significantly viewed'' stations
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1072A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1072A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1072A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit r Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Gulf-California Broadcast Company Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7050-N Adopted: May 5, 2008 Released: May 6, 2008 By the Deputy Chief, Policy Division, Media Bureau: introduction Gulf-California Broadcast Company, licensee of station KESQ-TV-DT (ABC), Palm Springs, California (``Gulf''), filed the captioned petition seeking a waiver of the rule that precludes the deletion of programming of ``significantly viewed'' stations
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1151A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit . . . ~ . . B f Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: WUPW Broadcasting, LLC, licensee of WUPW, Toledo, Ohio Petition for Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) ) CSR-7853-N ORDER Adopted: May 14, 2008 Released: May 14, 2008 By the Senior Deputy Chief, Policy Division, Media Bureau: 1. On May 12, 2008, WUPW Broadcasting, LLC (``WUPW'') filed a Motion for Extension of Time (``Motion'') requesting an additional two weeks, until May 28, 2008, to submit a reply
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � � � � r � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of KGAN Licensee, LLC Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) Adopted: June 17, 2008 Released: June 18, 2008 By the Senior Deputy Chief, Policy Division, Media Bureau: introduction KGAN Licensee, LLC, licensee of station KGAN-TV (CBS), Cedar Rapids, Iowa (``KGAN-TV''), filed the captioned petition seeking a waiver of the rule that precludes the deletion of programming of ``significantly viewed'' stations
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2294A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2294A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2294A1.txt
  • 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. �� 76.92(f) and 76.122(j). See 47 U.S.C. �� 340(a)(2) and 340(c). See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. 47 C.F.R. �76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to Section 76.54(b) in consecutive years. The provisions of Section 76.54(b) therefore apply to each year's survey. It should be noted that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-242A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-242A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-242A1.txt
  • 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. �� 76.92(f) and 76.122(j). See 47 U.S.C. �� 340(a)(2) and 340(c). See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. 47 C.F.R. �76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to Section 76.54(b) in consecutive years. The provisions of Section 76.54(b) therefore apply to each year's survey. It should be noted that
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  • 76.122(j) (significantly viewed exception to satellite network nonduplication) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. �� 76.92(f) and 76.122(j). See 47 U.S.C. �� 340(a)(2) and 340(c). See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. 47 C.F.R. �76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to Section 76.54(b) in consecutive years. The provisions of Section 76.54(b) therefore apply to each year's survey. It should be noted that
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit N � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WBOC, Inc. Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-8003-N Adopted: February 13, 2009 Released: February 18, 2009 By the Senior Deputy Chief, Policy Division Media Bureau: introduction WBOC, Inc., licensee of station WBOC-TV (CBS/Fox), Salisbury, Maryland (``WBOC-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate programming of ``significantly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-492A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-492A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-492A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit * � � � � � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Gulf-California Broadcast Company Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7050-N ORDER ON RECONSIDERATION Adopted: February 25, 2009 Released: February 27, 2009 By the Chief, Media Bureau: introduction Gulf-California Broadcast Company, licensee of station KESQ-TV (ABC), Palm Springs, California (``Gulf''), has filed a petition for reconsideration of the Bureau's decision denying Gulf's petition seeking a waiver of the Commission's significantly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-493A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-493A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-493A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit B � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Gulf-California Broadcast Company Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7052-N ORDER ON RECONSIDERATION Adopted: February 25, 2009 Released: February 27, 2009 By the Chief, Media Bureau: introduction Gulf-California Broadcast Company, licensee of station KESQ-TV (ABC), Palm Springs, California (``Gulf''), has filed a petition for reconsideration of the Bureau's decision denying Gulf's petition seeking a waiver of the Commission's significantly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1285A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1285A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1285A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 0 � � � � � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WPBF-TV Company Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-8146-N Adopted: July 9, 2010 Released: July 9, 2010 By the Senior Deputy Chief, Policy Division Media Bureau: introduction WPBF-TV Company, licensee of station WPBF(TV)/-DT (ABC), Tequesta, Florida (``WPBF''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate programming of ``significantly
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1848A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1848A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1848A1.txt
  • reconsideration filed by WGME-TV IS DENIED. This action is taken pursuant to authority delegated by Section 0.283 and 1.106 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Nancy Murphy, Associate Chief Media Bureau WGME Licensee, LLC, 21 FCC RCD 13668 (2006) (``Bureau Order''). See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. 47 C.F.R. �76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to Section 76.54(b) in consecutive years. The provisions of Section 76.54(b) therefore apply to each year's survey. It should be noted that
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  • to its petition. No opposition to this petition has been received. For the reasons discussed below, we deny KXXV's petition for reconsideration. background Upon the request of a local television station with exclusive rights to distribute a network or syndicated program, a cable operator generally may not carry a duplicating program broadcast by a distant station. Under Sections 76.92(f) and 76.106(a) of the Commission's rules, however, a signal otherwise subject to deletion is exempt from application of the exclusivity rules if it is ``significantly viewed'' in a relevant community (the ``significantly viewed exception''). The Commission's rules generally provide stations such protection within a station's 35-mile geographic zone. The significantly viewed exception to the exclusivity rules is based on a demonstration that
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  • usable channel capacity, the substantial duplication limitation, the closest network affiliation limitation, etc.), unless the cable operator can segregate their carriage on its systems. In this instance, Buckeye maintains it cannot separate its technically-integrated system. See 47 C.F.R. � 76.56. See 47 C.F.R. ��76.92 and 76.101. 47 C.F.R. �� 76.92(f); see 47 C.F.R. �� 76.5(i) and 76.54. 47 C.F.R. � 76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to Section 76.54(b) in consecutive years. The provisions of Section 76.54(b) therefore apply to each year's survey. It should be noted that
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  • one-third of usable channel capacity, the substantial duplication limitation, the closest network affiliation limitation, etc.), unless the cable operator can segregate their carriage on its systems. In this instance, Buckeye maintains it cannot separate its technically-integrated system. See 47 C.F.R. � 76.56. See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. 47 C.F.R. �76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to Section 76.54(b) in consecutive years. The provisions of Section 76.54(b) therefore apply to each year's survey. It should be noted that
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of KXAN, Inc. Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7825-N Adopted: March 31, 2010 Released: April 1, 2010 By the Senior Deputy Chief, Policy Division, Media Bureau: introduction KXAN, Inc., licensee of station KXAN-TV (NBC), Austin, Texas (``KXAN-TV''), filed the captioned petition seeking a waiver of the rule that precludes the deletion of programming of ``significantly viewed'' stations under
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-769A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-769A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-769A1.txt
  • also appertain to a waiver for carriage on DBS systems based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. �� 76.92(f) and 76.122(j). See 47 U.S.C. � 340(a)(2). Petition at 1. See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. 47 C.F.R. �76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to Section 76.54(b) in consecutive years. The provisions of Section 76.54(b) therefore apply to each year's survey. It should be noted that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1454A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1454A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1454A1.txt
  • Reply Comments at 15. NAB adds that the Commission has recently affirmed that the significantly viewed rules apply only to households that receive broadcast signals via an over-the-air antenna. Id. Joint Television Affiliates Reply at 12. NAB Reply Commenters at 14. Significantly viewed stations are exempt from the Commission's network non-duplication and syndicated exclusivity rules. See 47 C.F.R. �� 76.92(f), 76.106(a), 76.122(j)(2), 76.123(k)(2). NAB Reply Comments at 17-18. Commenters assert that cable operators are finding ways to deliver the in-state broadcast station signals that consumers desire. As an example, broadcasters point to the current channel line-up of Cablevision's unit in Durango, Colorado (La Plata County), recently acquired from Bresnan Communications. Although La Plata County is located in the Albuquerque-Santa Fe, New
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1983A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1983A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1983A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 0 � � � � � � � � � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Saga Broadcasting, LLC Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-8518-N Adopted: December 5, 2011 Released: December 6, 2011 By the Senior Deputy Chief, Policy Division Media Bureau: introduction Saga Broadcasting, LLC, licensee of station KAVU-TV (ABC), Victoria, Texas (``KAVU-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate programming of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit z � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Saga Broadcasting, LLC Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-8479-N Adopted: December 16, 2011 Released: December 16, 2011 By the Senior Deputy Chief, Policy Division Media Bureau: introduction Saga Broadcasting, LLC, licensee of stations KAVU-TV (ABC) and KMOL-LP (NBC), both Victoria, Texas (``Saga''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-477A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-477A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-477A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 0 � � Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WyoMedia Corporation Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-8371-N Adopted: March 9, 2011 Released: March 10, 2011 By the Senior Deputy Chief, Policy Division Media Bureau: introduction WyoMedia Corporation, licensee of television broadcast station KLWY(DT) (ABC), Cheyenne, Wyoming (``KLWY''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate programming
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-539A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-539A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-539A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WISN Hearst-Argyle Television, Inc. Petition For Waiver of Sections 76.92(f) and 76.106(a) of the Commission's Rules ) ) ) ) ) ) CSR-7764-N Adopted: March 22, 2011 Released: March 23, 2011 By the Senior Deputy Chief, Policy Division Media Bureau: introduction WISN Hearst-Argyle Television, Inc., licensee of station WISN-TV (ABC), Milwaukee, Wisconsin (``WISN-TV''), filed the captioned petition seeking a waiver of the rules that preclude cable operators from deleting the duplicate programming
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260936A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260936A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260936A1.txt
  • 47 C.F.R. �� 76.101 and 76.123. For the notification requirements see 47 C.F.R. �� 76.105 and 76.123(d). For cable, the syndicated exclusivity rules provide exceptions for any station whose signal is in the Grade B contour of the station asserting exclusivity, when the signal is significantly viewed, or if the cable system has fewer than 1,000 subscribers. 47 C.F.R. � 76.106. For satellite, the rules also provide exceptions regarding the carriage of programming of any nationally distributed superstation. 47 C.F.R. � 76.123 (k)-(m). See Cable Television Report and Order, 36 FCC 2d 143 � 65 (1972). Cable Television Syndicated Program Exclusivity Rules, 61 FCC 2d 746 (1976). . Id. at 966 � 44. See Cable Television Syndicated Program Exclusivity Rules, Inquiry
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  • to engage in contract negotiations with the knowledge that exclusive agreements would not be abrogated by importation of distant signals was fundamental to the Commission's purpose in creating the exclusivity rules in the cable context, and is relevant today to application of these rules to satellite carriers. Small System Exception and C-Band Carriers Sections 76.95(a) and 76.156(b) (amended rule � 76.106(b)) provide that small cable systems serving fewer than 1,000 subscribers are exempt from the network non-duplication and syndicated exclusivity requirements, respectively. The Commission originally adopted these exceptions in the mid-1970s to balance the costs of compliance for small cable systems against the impact on broadcast stations. The Commission was concerned that the costs of equipment and manpower needed to comply
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  • (strongly urges the application of program exclusivity rules such as network nonduplication, syndicated exclusivity, and sports blackout rules). Implementation of the Satellite Home Viewer Improvement Act of 1999: Application of Network Nonduplication, Syndicated Exclusivity, and Sports Blackout Rules to Satellite Retransmissions, Notice of Proposed Rulemaking, CS Docket No. 00-2, 15 FCC Rcd at 438-39 � 9. 47 C.F.R. �� 76.95(a), 76.106, 76.111(f). The newly codified 47 C.F.R. � 101.1409 governs the treatment of incumbent licensees. See Appendix D. Low-power limited coverage systems are a type of POFS licensee. See Inquiry into the Development of Regulatory Policy in Regard to Direct Broadcast Satellites for the Period Following the 1983 Regional Administrative Radio Conference, Gen. Docket No. 80-603, Report and Order, 90 FCC
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  • to prohibit a cable operator from carrying such programming on another station. The exclusivity rules are subject to an exception if the station in question is significantly viewed. This exception is, in turn, subject to waiver if the party petitioning for the programming deletion shows that the station is no longer significantly viewed. See 47 C.F.R. �� 76.92, 76.101 and 76.106; see also KCST Petition for Special Relief, 103 FCC 2d 407 (1986) (``KCST''). 47 C.F.R. �� 76.122 and 123; see infra Section IV.A.5. See CSR-6383-N (subjecting Station WAVE-TV (NBC, Channel 3), Louisville, Kentucky to programming deletions if carried in the community of Columbia, Kentucky). See updated SV List at Appendix C. NPRM, 20 FCC Rcd at 2990-1, � 14. Cable
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  • television station. See 47 C.F.R. �� 73.658(m), 76.53, and 76.92 Note. See 47 C.F.R. �� 76.101 and 76.103. The Commission's rules provide such protection within a station's 35-mile geographic zone, which extends from the reference point of the community of license of the television station. See 47 C.F.R. �� 73.658(m), 76.53, and 76.101 Note. See 47 C.F.R. �� 76.92(f) and 76.106(a). See KCST, 103 FCC 2d 407. In KCST, the Commission held that in order to obtain a waiver of Section 76.92(f), 47 C.F.R. � 76. 92(f), petitioners would be required to demonstrate for two consecutive years that a station was no longer significantly viewed, based either on community-specific or system-specific, noncable viewing data, to one standard error. For each year,
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  • also SHVIA Exclusivity Rules Order, 15 FCC Rcd at 21692-93, �� 9-10. In contrast, the cable network non-duplication rules may apply to any station broadcasting network programming. See 47 C.F.R. �� 76.92(a), 76.93 (subject to geographic limitations and exemptions based on the cable system's size or a station's ``significantly viewed'' status, 76.92(f), 76.95(a)). See also 47 C.F.R. �� 76.101 and 76.106 (governing syndicated exclusivity). See SHVIA Exclusivity Rules Order, 15 FCC Rcd at 21689, � 2. Currently, 17 U.S.C. � 122(a)(2) and 47 U.S.C. � 340. See Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004, Implementation of Section 340 of the Communications Act, Report and Order, 20 FCC Rcd 17278, 17295-96, � 39 (2005) (``SHVERA Significantly Viewed
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • the application of program exclusivity rules such as network nonduplication, syndicated exclusivity, and sports blackout rules). 328 Implementation of the Satellite Home Viewer Improvement Act of 1999: Application of Network Nonduplication, Syndicated Exclusivity, and Sports Blackout Rules to Satellite Retransmissions, Notice of Proposed Rulemaking, CS Docket No. 00-2, 15 FCC Rcd at 438-39 � 9. 329 47 C.F.R. �� 76.95(a), 76.106, 76.111(f). 330 The newly codified 47 C.F.R. � 101.1409 governs the treatment of incumbent licensees. See Appendix D. Federal Communications Commission FCC 02-116 59 The Commission recognized the potential for interference between POFS and DBS systems at the onset of DBS' entrance into the band332 and instructed the incumbent POFS licensees to either operate on a secondary basis to DBS
• http://www.fcc.gov/mb/engineering/76print.html
  • EEO policy. [27]76.75 EEO program requirements. [28]76.77 Reporting requirements. [29]76.79 Records available for public inspection. Subpart F -- Network Non-duplication Protection, Syndicated Exclusivity and Sports Blackout [30]76.92 Cable network non-duplication; extent of protection. [31]76.93 Parties entitled to network non-duplication protection. [32]76.94 Notification. [33]76.95 Exceptions. [34]76.101 Cable syndicated program exclusivity: extent of protection. [35]76.103 Parties entitled to syndicated exclusivity. [36]76.105 Notification. [37]76.106 Exceptions. [38]76.107 Exclusivity contracts. [39]76.108 Indemnification contracts. [40]76.109 Requirements for invocation of protection. [41]76.110 Substitutions. [42]76.111 Cable sports blackout. [43]76.120 Network non-duplication protection, syndicated exclusivity and sports blackout rules for satellite carriers: Definitions. [44]76.122 Satellite network non-duplication. [45]76.123 Satellite syndicated program exclusivity. [46]76.124 Requirements for invocation of protection. [47]76.125 Indemnification contracts. [48]76.127 Satellite sports blackout. [49]76.128 Application of sports blackout
• http://www.fcc.gov/mb/engineering/part76.pdf
  • and enforcement. � 76.79 Records available for public inspection. Subpart F-Network Non-duplication Protection, Syndicated Exclusivity and Sports Blackout � 76.92 Cable network non-duplication; extent of protection. � 76.93 Parties entitled to network non-duplication protection. � 76.94 Notification. � 76.95 Exceptions. � 76.101 Cable syndicated program exclusivity: extent of protection. � 76.103 Parties entitled to syndicated exclusivity. � 76.105 Notification. � 76.106 Exceptions. � 76.107 Exclusivity contracts. � 76.108 Indemnification contracts. � 76.109 Requirements for invocation of protection. � 76.110 Substitutions. � 76.111 Cable sports blackout. � 76.120 Network non-duplication protection, syndicated exclusivity and sports blackout rules for satellite carriers: Definitions. � 76.122 Satellite network non-duplication. � 76.123 Satellite syndicated program exclusivity. � 76.124 Requirements for invocation of protection. � 76.125 Indemnification