NEWSReport No. DC 96-97 ACTION IN DOCKET CASE November 7, 1996 FCC SEEKS COMMENT ON PROPOSALS TO CHANGE BROADCAST AND CABLE/MDS ATTRIBUTION RULES (MM DOCKETS NO. 94-150, NO. 92-51, NO. 87-154) The Commission is seeking further comment in its review of the broadcast attribution rules. These rules, by which we define "cognizable interest" for purposes of applying FCC multiple ownership rules, are intended to identify those interests or relationships that give their holders a degree of influence or control such that the holders have a realistic potential to affect the programming decisions or other core operating functions of licensees. In this proceeding, the Commission is also reviewing the attribution standards used for the cable- broadcast station cross-ownership rule and for the cable/Multipoint Distribution Service ("MDS") cross-ownership rule. The Commission has issued this Further Notice against the backdrop of the relaxation of its ownership rules resulting from the passage of the Telecommunications Act of 1996 ("1996 Act"). The Commission now seeks comment on various matters, including: (1) How these ownership rule revisions should affect the Commission's review of the attribution rules. (2) Whether the Commission should add to the current rules a new attribution rule, which would limit, but not eliminate, the single-majority shareholder and nonvoting stock exceptions to the attribution rules. Under this approach, the Commission would attribute the otherwise nonattributable interests of holders of equity and/or debt in a licensee or media entity subject to the broadcast cross- ownership rules where the interest holder is a program supplier to a licensee or a same market broadcaster or other media entity subject to the broadcast cross- ownership rules and the equity and/or debt holding exceeds a specified equity and/or debt threshold. (3) Proposals concerning attribution of Local Marketing Agreements ("LMAs") and joint sales agreements ("JSAs") in specified circumstances; and -more- (4) Whether to revise the cable/MDS cross-ownership attribution rule by applying broadcast attribution criteria, as modified by this proceeding, in determining cognizable interests in MDS licensees and cable systems for purposes of applying the ownership restrictions of Section 21.912 of our Rules. The Commission said it believes that it is important to ensure that the attribution rules operate accurately so that the multiple ownership limits can be applied in an appropriate manner and so that the attribution rules are not used as a means to evade or circumvent these limits. As noted, the instant proceeding seeks comment on the attribution criteria that would apply to the cable-broadcast station cross-ownership rule that is set forth in Section 76.501(a) of the Commission's rules. The Commission stated that it recognized that the attribution standards used in a number of other cable rules are implicitly or explicitly based on Section 76.501. For example, the attribution standards in the cable television horizontal ownership, channel occupancy and program access rules are derived from these attribution rules. The Commission stated that it is considering initiating a separate proceeding to address whether to modify the attribution criteria for these rules. It further said that the proceeding adopted today would address only the attribution criteria that would apply to Section 76.501(a), the cable-broadcast station cross-ownership rule, in addition to the cable/MDS cross-ownership rule (set forth in Section 21.912) and the broadcast multiple ownership rules (set forth in Section 73.3555). Action by the Commission, November 5, 1996, by Further Notice of Proposed Rule Making (FCC 96-436). Chairman Hundt and Commissioners Quello, Ness and Chong, with Commissioners Quello, Ness and Chong issuing separate statements. - FCC - News Media Contacts: David Fiske at (202) 418-0513 or Meribeth McCarrick at (202) 418-0256 Mass Media Bureau Contacts: Mania K. Baghdadi at (202) 418-2130 or Berry Wilson at (202) 418-2170