Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

STELA Report In-State Broadcast Programming to Congress

Download Options

Released: August 29, 2011

Federal Communications Commission

DA 11-1454

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

In-State Broadcast Programming:
)
MB Docket No. 10-238
Report to Congress
)
Pursuant To Section 304 of the
)
Satellite Television Extension and
)
Localism Act of 2010
)

REPORT

Adopted: August 26, 2011

Released: August 29, 2011

By the Chief, Media Bureau:

TABLE OF CONTENTS

Heading
Paragraph #
I.
INTRODUCTION .................................................................................................................................. 1
II. BACKGROUND REGARDING CONSUMER ACCESS TO IN-STATE BROADCAST
TELEVISION SIGNALS ....................................................................................................................... 5
A. Statutory and Regulatory Provisions Governing Cable and DBS Carriage of Broadcast
Stations............................................................................................................................................. 6
B. Inability to Receive In-State Broadcast Stations............................................................................ 17
III. STELA SECTION 304 FINDINGS ..................................................................................................... 21
A. Section 304(1) Findings: Data Analysis of the Number of Households Receiving a Local
Broadcast Station Signal From a Different State ........................................................................... 29
B. Section 304(2) Findings: Data Analysis of Consumer Access to In-State Broadcast
Programming.................................................................................................................................. 32
C. Additional Data From Commenters Regarding Section 304(1) and Section 304(2)
Analysis.......................................................................................................................................... 43
D. Section 304(3) Report: Alternatives to DMAs for Defining Local Television Markets................ 45
IV. CONCLUSION .................................................................................................................................... 68
APPENDIX A Over-the-Air Reception of Out-of-State Broadcast Stations
APPENDIX B Out-of-State Broadcast Stations Receivable Over the Air
APPENDIX C Access to In-State Broadcast Stations
APPENDIX D In-State Stations Received by Household within Each DMA
APPENDIX E In-State Stations Carried by DBS in Each DMA
APPENDIX F Case Studies

Federal Communications Commission

DA 11-1454

I.

INTRODUCTION

1. The Satellite Television Extension and Localism Act (STELA)1 amends the 1988 copyright
laws and the Communications Act of 1934, as amended (Communications Act) to "modernize, improve
and simplify the compulsory copyright licenses governing the retransmission of distant and local
television signals by cable and satellite television operators."2 STELA is intended to, among other things,
increase competition for and service to satellite and cable consumers and update the law to reflect the
completion of the digital television (DTV) transition.3
2. Section 304 of STELA requires the Federal Communications Commission (Commission) to
submit a report to the appropriate Congressional committees containing an analysis of the following:
(1) the number of households in a State that receive the signals of local broadcast stations
assigned to a community of license that is located in a different State;
(2) the extent to which consumers in each local market have access to in-state broadcast
programming over the air or from a multichannel video programming distributor; and
(3) whether there are alternatives to the use of designated market areas, as defined in
section 122 of title 17, United States Code, to define local markets that would provide
more consumers with in-state broadcast programming.4
3. Pursuant to this Congressional mandate, the Commission's Media Bureau (Bureau) issued a
public notice (Public Notice) soliciting comment on a range of issues, including the appropriate
methodologies, metrics, and data sources for the required report.5 In response to the Public Notice, the
Bureau received hundreds of comments from consumers who reside in areas where they do not receive in-
state broadcast television stations, either via over-the-air transmission or via a multichannel video
programming distributor (MVPD) (e.g., a cable system or direct broadcast satellite (DBS) service, such as


1 The Satellite Television Extension and Localism Act of 2010 (STELA), Pub. L. No. 111-175, 124 Stat. 1218
(2010). STELA was signed by President Barack Obama on May 27, 2010 (S. 3333, 111th Cong.). However,
pursuant to Section 307 of STELA, unless specifically provided otherwise, all amendments took effect on February
27, 2010, and the date of enactment of STELA is considered to be February 27, 2010.
2 House Judiciary Committee Report dated Oct. 28, 2009, H.R. Rep. No. 111-319, at 4, accompanying House Bill,
H.R. 3570, 111th Cong. (2009); see also House Energy and Commerce Committee Report dated Dec. 2, 2009, H.R.
Rep. No. 111-349, at 16, accompanying House Bill, H.R. 2994, 111th Cong. (2009); and Senate Judiciary Committee
Report dated Nov. 10, 2009, H.R. Rep. No. 111-98, at 5, accompanying Senate Bill, S. 1670, 111th Cong. (2009).
3 As of the June 12, 2009, statutory DTV transition deadline, all full-power television stations stopped broadcasting
in analog and are broadcasting only digital signals. 47 U.S.C. 309(j)(14)(A). STELA is the fourth in a series of
statutes that addresses satellite carriage of television broadcast stations. The previous statutes include the Satellite
Home Viewer Act of 1988 (SHVA), Pub. L. No. 100-667, 102 Stat. 3935, Title II (1988); 17 U.S.C. 111, 119,
122; Satellite Home Viewer Improvement Act of 1999 ("SHVIA"), Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526
to 1501A-545 (1999); 47 U.S.C. 338; Satellite Home Viewer Extension and Reauthorization Act of 2004
(SHVERA), Pub. L. No. 108-477, 202, 118 Stat. 2809 (2004); 47 U.S.C. 340.
4 Section 307 of STELA specifies that the date of enactment is February 27, 2010. See n.1, supra. This Report is
due no later than 18 months after the date of enactment of STELA; thus, our Report is due no later than August 27,
2011. This report is authored and submitted by the Media Bureau.
5 Media Bureau Seeks Comment for Report Required by the Satellite Television Extension and Localism Act on In-
State Broadcast Programming
, MB Docket No. 10-238, Public Notice, 25 FCC Rcd 16220 (2010) (Public Notice).
Comments and reply comments were filed on January 24, 2011, and February 22, 2011, respectively. See Media
Bureau Announces Comment Deadlines for Report on In-State Broadcast Programming
, MB Docket No. 10-238,
Public Notice (DA 10-2340), 25 FCC Rcd 17151 (2010).
2

Federal Communications Commission

DA 11-1454

DISH Network (DISH) or DIRECTV).6 Additionally, federal and state legislators representing these
geographic areas commented that their constituents are underserved because they lack access to local
news, public affairs, political information, and emergency information, including severe weather alerts,
road closures and other breaking news. Industry participants commented on the use of The Nielsen
Company's (Nielsen) designated market areas (DMAs) to determine which broadcast television stations
cable and satellite companies carry within certain areas. Several of these commenters also provided data
to the Commission.
4. In this Report, the Media Bureau analyzes the issues raised in Section 304 of STELA
concerning the availability of in-state broadcast stations for consumers. In order to properly assess the
full range of issues that impact access to in-state broadcast stations, we briefly describe below the
statutory and regulatory provisions governing cable and DBS carriage of broadcast stations. Many
commenters raise concerns about the impact of these laws on the availability of in-state broadcast
stations; thus, an examination of the statutory and regulatory provisions that govern the distribution of
broadcast stations is appropriate in the context of this Report. Following that discussion, we present an
overview of congressional and consumer concerns regarding access to in-state broadcast stations and the
lack of access to state-focused public affairs and informational programming.7 Next, we present the
results of the Bureau staff's data analysis pursuant to the direction in Sections 304(1) and 304(2) of
STELA.8 We then discuss certain comments and data submitted to the Commission related to issues
raised in the Section 304(1) and 304(2) reports. Finally, we provide an analysis of alternatives to DMAs
for defining local television markets pursuant to the direction in Section 304(3) of STELA.

II.

BACKGROUND REGARDING CONSUMER ACCESS TO IN-STATE BROADCAST
TELEVISION SIGNALS

5. Congress has expressed concern that individuals residing in certain geographic areas do not
have access to in-state television broadcast stations.9 Congress has questioned whether and, if so, to what
extent, the use of DMAs to define local television markets affects consumers' access to local or in-state
broadcast television stations. A DMA is a Nielsen-defined television market comprised of a unique group
of counties. The United States is divided into 210 DMA markets.10 The counties included in a DMA


6 For purposes of this Report, unless otherwise noted, we use the term MVPD to refer to cable and DBS operators
only.
7 We note that the U.S. Copyright Office is also examining a range of copyright issues pertinent to access to in-state
broadcast programming and will issue a separate report. See Library of Congress, Section 302 Report (Notice of
Inquiry), 76 Fed. Reg. 11816 (2011) (http://www.copyright.gov/fedreg/2011/76fr11816.pdf).
8 In addition to these findings, Appendix F contains Case Studies that closely examine access to in-state broadcast
stations in 34 counties that commenters expressly identified as problematic in the record of this proceeding.
9 See, e.g., Letter from Sen. Michael F. Bennet, Colorado, to Julius Genachowski, Chairman, FCC (Jan. 21, 2011)
(Bennet Jan. 21, 2011 Ex Parte Letter); Letter from Sen. Michael B. Enzi, Wyoming, Sen. John Barasso, M.D.,
Wyoming, and Rep. Cynthia M. Lummis, Wyoming, to Julius Genachowski, Chairman, FCC (Dec. 1, 2010 (Enzi et
al
. Dec. 1, 2010 Ex Parte Letter); Letter from Sen. Benjamin Cardin, Maryland, and Sen. Barbara Mikulski,
Maryland, to Julius Genachowski, Chairman, FCC (Mar. 4, 2011) (Cardin et al. Mar. 4, 2011 Ex Parte Letter); see
also
U.S. Congressman Mike Ross, Ross TV Freedom Provision Passes Senate, House (press release), May 13,
2010, at (https://ross.house.gov/News/DocumentSingle.aspx?DocumentID=185448).
10 Nielsen delineates television markets by assigning each U.S. county (except for certain counties in Alaska) to one
market based on measured viewing patterns both off-air and by MVPD distribution. Generally, each U.S. county is
assigned to only one market based on the market whose stations receive the preponderance of the audience in that
county. However, in a few cases where a county is large and viewing patterns differ significantly between parts of
the county, a portion of the county is assigned to one television market and another portion of the county is assigned
to another market. Several counties in Alaska are not assigned to any DMA. Retransmission Consent and
(continued....)
3

Federal Communications Commission

DA 11-1454

generally are geographically clustered around the principal city or cities in that DMA, where the market's
television stations are often located. DMAs frequently cross state lines and may include counties from
multiple states. In some instances, the counties that are in a different state from the principal city of the
DMA (out-of-state counties) are geographically distant from the principal city. Under the
Communications Act and the Commission's rules, we use DMAs to define local markets.11 MVPDs
generally carry the television stations assigned by Nielsen to their local markets.12 As a result, sometimes
the residents of certain out-of-state counties within a DMA are unable to receive in-state broadcast
television stations by means of either over-the-air reception or an MVPD. Although there is no specific
definition for the term "orphan county" and it is sometimes defined narrowly and sometimes broadly, it
generally refers to a county that cannot receive some or cannot receive any broadcast stations that
originate in-state.

A.

Statutory and Regulatory Provisions Governing Cable and DBS Carriage of
Broadcast Stations

6. Our assessment of the issues regarding the lack of in-state broadcast stations in various
communities across the country begins with a presentation of the regulations and statutes that govern the
carriage of broadcast television stations by MVPDs. Those statutory or regulatory provisions inform an
understanding of why certain stations may not be available in certain locations. Comments in this record
propose potential modification to various aspects of these provisions. Thus, we set forth these provisions
to facilitate a more comprehensive examination of these matters. Specifically, we briefly describe below
the copyright, retransmission consent, and mandatory carriage statutory provisions, as well as
Commission rules regarding cable carriage of broadcast television station signals and how that process
differs in several respects from the process related to DBS carriage.
7. Cable Carriage of Local Broadcast Stations. Before 1992, cable operators were not required
to seek the permission of a broadcaster before carrying its signal nor were they required to compensate
the broadcaster for the value of its signal.13 In the 1992 Cable Act, Congress established a regime for
carriage of broadcast television stations on cable systems.14 Congress gave broadcasters control over the
use of their signals and permitted them to seek compensation from cable operators and other MVPDs for
(Continued from previous page)


Exclusivity Rules: Report to Congress Pursuant to Section 208 of the Satellite Home Viewer Extension and
Reauthorization Act of 2004
, (Sept. 8, 2005) (SHVERA Report) at 28, n.177; see also Nielsen Media Research,
Glossary of Media Terms, at http://www.nielsenmedia.com/glossary/.
11 Section 614 of the Communications Act of 1934 was amended by Section 301 of the Telecommunications Act of
1996 to provide that for purposes of applying the cable mandatory carriage provisions, a broadcast station's market
shall be determined by the Commission by regulation or order using, where available, commercial publications
which delineate television markets based on viewing patterns. 47 U.S.C. 534; see also Definition of Markets for
Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules, CS Docket No. 95-178,
Implementation of Section 301(d) of the Telecommunications Act of 1996, Market Determinations,
11 FCC Rcd
6201 (1996) (defining local markets using Nielsen DMAs after Arbitron ceased publication of television data).
12 See 47 U.S.C. 338 (signal carriage rights) and 17 U.S.C. 122 (copyright). See generally SHVERA Report
(describing history of carriage rights issues).
13 Congress found that this created a "distortion in the video marketplace which threatens the future of over-the-air
broadcasting." S. Rep. No. 92, 102d Cong., 1st Sess. 1 (1991) (Senate Report), at 35.
14 Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992)
(1992 Cable Act or 1992 Act); H. Rep. No. 628, 102d Cong., 2d Sess. (1992) (House Report"); Senate Report. See
also
47 U.S.C. 534 (carriage of commercial television stations); 47 U.S.C. 535 (carriage of noncommercial
television stations); 47 U.S.C. 325 (retransmission consent).
4

Federal Communications Commission

DA 11-1454

carriage of their signals. This system is referred to as retransmission consent.15 The 1992 Cable Act also
established mandatory carriage rights for local broadcast television stations referred to as must-carry
requirements. In adopting the mandatory carriage provisions, Congress recognized the importance of
local television broadcast stations as providers of local news and public affairs programming.16 Congress
observed that broadcast television stations rely on advertising dollars to provide free over-the-air local
service and that competition from cable television in attracting advertisers posed a threat to the economic
viability of television broadcast stations. Thus, it mandated cable carriage to ensure the continued
economic viability of free local broadcast television.17
8. The Communications Act and Commission rules govern the process whereby cable operators
carry local broadcast stations in local television markets.18 Within their local television markets, defined
as DMAs,19 commercial television stations may elect cable carriage under either must-carry or
retransmission consent requirements.20 Generally, under the must-carry regime, a local commercial
broadcast television station is entitled to carriage if, among other things, it serves the same market as the
cable system, delivers a good quality signal to the cable system's headend, and indemnifies the cable
system against copyright infringement.21 If a local broadcast station elects retransmission consent, the
cable operator and broadcaster negotiate the terms of a retransmission consent agreement, which may
include monetary or other compensation for carriage of the broadcast signal. In addition, cable operators
may negotiate for retransmission consent with any other broadcast television station they seek to carry
regardless of the station's television market.22
9. Qualified local noncommercial educational (NCE) broadcast television stations have a right
to mandatory carriage under the 1992 Act, but do not have statutory retransmission consent rights.23
Among other things, the NCE broadcast television station must serve the same must-carry market as the


15 Congress noted that some broadcasters might find that carriage itself was sufficient compensation for the use of
their signal while other broadcasters might seek monetary compensation and still others might negotiate for in-kind
consideration such as joint marketing efforts, the opportunity to provide news inserts on cable channels, or the right
to program an additional channel on a cable system. Senate Report at 36. Congress emphasized that it intended "to
establish a marketplace for the disposition of the rights to retransmit broadcast signals" but did not intend "to dictate
the outcome of the ensuing marketplace negotiations." Id. On March 3, 2011, the Commission released a Notice of
Proposed Rulemaking to solicit comment on a series of proposals to streamline and clarify its rules concerning or
affecting retransmission consent negotiations. The rulemaking will also examine ways to minimize video
programming service disruptions to consumers and will further assess the effectiveness of the Commission's rules
that are intended to ensure that market-based mechanisms govern retransmission consent negotiations. See
Amendment of the Commission's Rules Related to Retransmission Consent
, 25 FCC Rcd 2718
(2011)(Retransmission Consent NPRM).
16 House Committee on Energy and Commerce, H.R. Conf. Rep. No. 102-862, 102d Cong., 2d Sess. (1992),
reprinted at 138 Cong. Rec. H8308, at 2 (Sept. 14, 1992) (Conference Report).
17 Conference Report at 3.
18 Cable operators that are subject to rate regulation are required to provide subscribers with a basic service tier and
to carry local broadcast stations on that tier. 47 U.S.C. 543(b)(7); see also 47 C.F.R. 76.901.
19 See n. 9, supra.
20 See 47 C.F.R. 76.64.
21 See 47 C.F.R. 76.55(c)(3); 47 C.F.R. 76.56(b)(5).
22 47 U.S.C. 325; see also 47 C.F.R. 76.64 (retransmission consent). However, such carriage arrangements may
be limited by other contractual restrictions, such as network affiliation agreements.
23 47 U.S.C. 325(b)(2)(A).
5

Federal Communications Commission

DA 11-1454

cable system on which it seeks carriage, deliver a good quality signal, and not air duplicative
programming.24 Under specifically enumerated criteria, qualified low-power broadcast television stations
may also be eligible for mandatory carriage on cable systems.25
10. Pursuant to the Communications Act, Commission rules also permit, upon request from a
broadcast station or a cable system, a modification of the local television market to include additional
communities or to exclude certain communities.26 This process, known as market modification, may
result in communities being added to a local television market or removed from a DMA for purposes of


24 Pursuant to Commission rules, a qualified NCE station is one that is: (1) licensed to a community whose reference
point, as defined in 76.53, is within 80.45Km (or 50 miles) of the principal headend (as defined in 76.5) of the
cable system; and (2) whose Grade B service contour encompasses the principal headend (as defined in 76.5) of
the cable system. Further, a cable operator is not required to carry the signal of a qualified local NCE if the station's
signal would be considered a distant signal for copyright purposes unless the station agrees to indemnify the cable
operator for any increased copyright liability resulting from carriage of its station signal. 47 C.F.R. 76.55(b). We
note that this rule has not been amended since the digital transition.
25 47 C.F.R. 76.55(d); 47 C.F.R. 76.56(b)(4). In 2000, the Commission established the Class A television
service to implement the Community Broadcasters Protection Act of 1999. See Community Broadcasters Protection
Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I, at 501A-594 - 1501A-598 (1999), codified at 47 U.S.C.
336(f) (CBPA). Thus, certain qualifying low-power television (LPTV) stations are accorded Class A status which
indicates that these stations have "primary" status as television broadcasters and have a measure of interference
protection from full service television stations. Pursuant to Commission rules, stations eligible for this status must
provide locally originated programming, often to rural and certain urban communities that have little or no access to
such programming. See Establishment of a Class A Television Service, 15 FCC Rcd 6355 (2000). Created by the
Commission in 1982, low-power television service has been a secondary spectrum priority. See Report and Order
in BC Docket No. 78-253
, 51 R.R. 2d 476, 486. These stations must yield to facility increases of existing full-power
stations or to new full-power stations where interference occurs. LPTV stations must operate at reduced power
levels. LPTV programming can include satellite-delivered programming services, syndicated programs, movies, a
wide range of locally-produced programs, and, in some instances, network programming. They serve a much
smaller geographic region than full service stations and can be licensed to a location where a full-power station
cannot be accommodated in the broadcast Table of Allotments. Establishment of a Class A Television Service, 15
FCC Rcd at 6357. LPTV and Class A television ownership is generally considered an entry to broadcast ownership
for women and minorities. The Commission has also recognized that such stations, even in some well-served
markets, may provide the "only local service to residents of discrete geographical communities" within those
markets, often airing local news, weather, public affairs and programming in foreign languages. Establishment of a
Class A Television Service
, 15 FCC at 6357-58. A TV translator station rebroadcasts the programs of a full-power
TV broadcast station. TV translator stations typically serve communities that cannot receive the signals of free
over-the-air TV stations because they are too far away from a full-power TV station or because of geography (such
as uneven terrain or mountains). Many TV translator stations operate in mountainous or more remote areas of the
country. See FCC Consumer Advisory: The DTV Transition and LPTV/Class A and Translator Stations
(http://www.fcc.gov/cgb/consumerfacts/DTVandLPTV.html); see also DTV.gov What You Need to Know About
the Digital Transition (http://www.dtv.gov/lptv.html).
26 47 C.F.R. 76.59; see also 47 U.S.C. 614. In determining whether to grant a request to modify a local market,
the Commission must, pursuant to the statute, give particular attention to localism by its consideration of several
factors, including (1) whether the station, or other stations located in the same area, have been historically carried on
the cable system or systems within such community; (2) whether the television station provides coverage or other
local service to such community; (3) whether any other television station that is eligible to be carried by a cable
system in such community in fulfillment of the requirements of this section provides news coverage of issues of
concern to such community or provides carriage or coverage of sporting and other events of interest to the
community; and (4) evidence of viewing patterns in cable and noncable households within the areas served by the
cable system or systems in such community. 47 U.S.C. 534(h)(1)(C)(ii)(I)-(IV).
6

Federal Communications Commission

DA 11-1454

broadcast station carriage rights.27 In addition, under the rules, certain stations are considered
"significantly viewed" based on over-the-air viewing, even if they are licensed outside the DMA. These
stations are treated as local stations for broadcast signal carriage purposes.28 The Commission grants
significantly viewed status to commercial stations based on petitions from broadcasters, cable operators,
or DBS operators that show that a station satisfies viewing criteria on a community-wide or county-wide
basis.29 These petitions must follow statistical requirements in Commission rules that were later codified
in the U.S. Copyright Act with respect to satellite carriers.30 Retransmission consent is required for the
carriage of out-of-market significantly viewed signals.31
11. Pursuant to amendments of the Copyright Act, unlicensed retransmission of the copyrighted
material in a broadcast signal constitutes copyright infringement.32 The Copyright Act grants cable
systems a statutory or compulsory license for the retransmission of all local broadcast signals and distant
signals that the Commission has permitted them to carry.33 The compulsory licensing regime established
by the 1976 amendments to the Copyright Act took into consideration the Commission's rules that: (1)
defined the term "local broadcast station;" (2) limited the number of distant signals that a cable operator
could import (the distant signal rule);34 (3) permitted a local broadcaster to require a cable operator to
delete duplicative programming for which the station had obtained exclusive rights (the network non-
duplication and syndicated exclusivity rules); and (4) required the carriage of certain signals.35
12. Satellite Carriage of Local Broadcast Stations. The first satellite compulsory copyright law
was enacted in 1988. The Satellite Home Viewer Act (SHVA) granted direct-to-home (DTH) satellite
providers a compulsory copyright license36 to retransmit television signals of distant network


27 Id.
28 See SHVERA Report at 10-11, 15-16; see also Implementation of Section 203 of the Satellite Television
Extension and Localism Act of 2010 (STELA) (STELA Significantly Viewed Report and Order)
, MB Docket No. 10-
148, Report and Order and Order on Reconsideration, 25 FCC Rcd 16383, 16389-90, 7-8 (2010).
29 47 C.F.R. 76.54(b), (d). 47 C.F.R. 76.5(i)(1)-(2). All stations that have been declared significantly viewed are
included in the publicly available significantly viewed list. The local television market is considered to be the DMA
and, as such, not all stations on the list are out-of-market stations. The current significantly viewed list is available
on the Media Bureau's website at http://www.fcc.gov/mb/. The vast majority of stations identified on the
significantly viewed list are already considered local in their markets. As a result, the utility of using the
significantly viewed to supplement the stations carried in local markets is somewhat limited.
30 See 15, infra.
31 47 U.S.C. 340 (d)(2).
32 See 17 U.S.C. 111(b).
33 17 U.S.C. 111(c). Under the compulsory license, cable systems are not required to obtain the consent of the
copyright owners of copyrighted material contained in the broadcast signal being retransmitted or negotiate license
fees for the use of such copyrighted material, but, instead, must pay government-established fees for the right to
retransmit copyrighted material contained in broadcast programming. 17 U.S.C. 111(d). The 1976 amendments
established that fees payable to copyright owners for compulsory licenses would be based on a percentage of each
cable system's gross revenues and would be adjusted periodically by the newly formed Copyright Royalty Tribunal.
Id. See also 17 U.S.C. 801(b).
34 47 C.F.R. 76.59(b); 76.61(b); 17 U.S.C. 111.
35 47 C.F.R. 76.92 (cable network non-duplication), 76.101 (cable syndicated program exclusivity); 17 U.S.C.
111(d) (limitations on exclusive rights; secondary transmissions of broadcast programming by cable).
36 The Satellite Home Viewer Act of 1988, Pub. L. No. 100-667, 102 Stat 3935, Title II (SHVA) (1988); 17 U.S.C.
119.
7

Federal Communications Commission

DA 11-1454

stations37 to "unserved households" and superstations (non-network stations) to any household.38 This
license generally applies to the signals of superstations and network stations that satellite carriers
retransmit to the public for private home viewing.39
13. Under the 1999 Satellite Home Viewer Improvement Act (SHVIA), satellite carriers have a
statutory copyright license for carriage of stations to any subscriber within a station's local market,
without distinction between network and non-network signals or served or unserved households.40 Prior
to such carriage, DBS operators must obtain consent from broadcast licensees to retransmit their stations'
signals to subscriber households.41 This carriage arrangement is commonly referred to as "local-into-
local" carriage. Unlike cable operators, DBS operators are not required to carry local broadcast television
stations. However, if a DBS operator chooses to carry a local station in a particular DMA, it generally
must carry any qualified local station in the same DMA that makes a timely election for retransmission
consent or mandatory carriage.42 This is commonly referred to as the "carry one, carry all" requirement.
If a broadcaster elects retransmission consent, the satellite carrier and broadcaster negotiate the terms of a
retransmission consent agreement. In contrast to cable "must carry" requirements, satellite carriers are
not required to carry television stations if they do not rely on the statutory license but instead privately
negotiate for the copyright license.43 Satellite carriers are not required to carry a station if its
programming is duplicative of the programming of another station carried by the DBS operator in the


37 Network stations are generally television broadcast stations owned or operated by, or affiliated with, one or more
of the television networks. See 47 U.S.C. 339(d)(3) (stating that a "network station" for purposes of this section is
defined by the Copyright Act); 17 U.S.C. 119(d)(2) ("The term `network station' means (A) a television
broadcast station, including any translator station or terrestrial satellite stations that rebroadcasts all or substantially
all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more
of the television networks in the United States which offer an interconnected program service on a regular basis for
15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States; or (B) a
noncommercial educational broadcast station . . .").
38 The Copyright Act defined an unserved household as a "household that cannot receive, through use of a
conventional stationary, outdoor rooftop receiving antenna, an over-the-air signal of a primary network television
station affiliated with that network of Grade B intensity as defined by the Federal Communications Commission
under Section 73.683(a) of Title 47 of the Code of Federal Regulations, as in effect on January 1, 1999." 17 U.S.C.
119(d)(10)(A). An unserved household can also be one that is subject to one of four statutory waivers or
exemptions. 17 U.S.C. 119(d)(10)(B)-(E); see also 47 U.S.C. 325(b)(2)(C) (providing an exemption from
retransmission consent requirements for satellite carriage of network stations to unserved households), as amended
by Section 202 of STELA (extending exemption through December 31, 2014). Section 119(d)(9) of the Copyright
Act defines "superstation" as a television station, other than a network station, licensed by the Federal
Communications Commission, that is secondarily transmitted by a satellite carrier."
39 17 U.S.C. 119.
40 The Satellite Home Viewer Improvement Act of 1999, Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to
1501A-545 (SHVIA) (1999). See also 17 U.S.C. 122(j) (the term "local market" means the designated market
area in which the station is located).
41 47 U.S.C. 325.
42 47 U.S.C. 338.
43 Id. But see SHVERA 210, creating 338(a)(4) (mandatory carriage in Alaska and Hawaii). Satellite Home
Viewer Extension and Reauthorization Act of 2004 (SHVERA), Pub. L. No. 108-477, 118 Stat. 2809 (2004). See
also Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004 to Amend Section 338
of the Communications Act
, MB Docket No. 05-181, 20 FCC Rcd 14242 (2005) (Section 338(a)(4) supersedes
carry-one, carry-all by mandating analog and digital carriage in Alaska and Hawaii).
8

Federal Communications Commission

DA 11-1454

DMA unless the duplicating stations are licensed to communities in different states.44 Carriage is also not
required if the station fails to provide a good quality signal to the DBS operator's local receive facility.45
14. Unlike cable operators, the "distant" (i.e., out-of-market) signals that DBS operators can
provide to their subscribers are limited.46 The carriage of broadcast signals from both distant and local
broadcast stations is subject to royalty fees at a rate set forth by statute and collected by the U.S.
Copyright Office.47 The retransmission of distant and local television broadcast station signals is
controlled by separate statutory license provisions in the Copyright Act. Section 119 of the Copyright
Act permits a satellite carrier to provide distant broadcast television station signals to its subscribers only
if local stations are unavailable to them as part of a local-into-local satellite package or over the air.48
NAB states that Section 122 allows satellite carriers to retransmit under certain conditions the local
television station signals into the stations' local markets on a royalty-free basis.49
15. The 2004 Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA)50
expanded the statutory copyright license to allow satellite carriers to carry significantly viewed stations,51
which are treated as local stations with respect to a particular satellite community52 in another market,
thus, allowing them to be carried by the satellite carrier in that community in the other market.53 Satellite


44 47 U.S.C. 338(c)(1).
45 47 U.S.C. 338.
46 See 15, infra.
47 Satellite carriers pay royalties on a per subscriber, per signal, per month basis; and must report periodically to the
Copyright Office on which broadcast signals they have retransmitted.
48 See 17 U.S.C. 119 and 47 U.S.C. 339. In general, satellite operators may not offer distant stations when the
local satellite package is available or if the subscriber is "served" by local stations over the air. Id. See also
Implementation of Section 203 of the Satellite Television Extension and Localism Act of 2010 (STELA)
, 25 FCC Rcd
16383 (2010); Establishment of a Model for Predicting Digital Broadcast Television Field Strength Received at
Individual Locations
, 25 FCC Rcd 16246 (2010).
49 National Association of Broadcasters (NAB) Comments at 31-32, citing 17 U.S.C. 119, 122. NAB reports that
pursuant to the distant signal copyright license, satellite carriers may pay the royalty fee to retransmit local signals
that include local news, weather and public affairs programming in communities outside the DBS provider's local
market and in areas in which the station is not significantly viewed.
50 Section 202 of SHVERA created Section 340 of the Communications Act, 47 U.S.C. 340, which authorized
satellite carriage of significantly viewed stations. See also Implementation of the Satellite Home Viewer Extension
and Reauthorization Act of 2004, Implementation of Section 340 of the Communications Act
(SHVERA Significantly
Viewed Report and Order
), MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005).
51 Regarding the term "significantly viewed," Section 102 of SHVERA extends the statutory copyright license
contained in 17 U.S.C. 119(a) to apply to the secondary transmission of the primary transmission of a network
station or a superstation to a subscriber who resides outside the station's local market . . . but within a community in
which the signal has been determined by the Federal Communications Commission, to be significantly viewed in
such community, pursuant to the rules, regulations and authorizations of the Federal Communications Commission
in effect on April 15, 1976, applicable to determining with respect to a cable system whether signals are
significantly viewed in a community.
52 See 47 C.F.R. 76.5(dd) (defining cable "community unit") and 76.5 (gg) (defining a "satellite community").
53 For copyright purposes, significantly viewed status means that cable and satellite providers may carry the out-of-
market but significantly viewed station with the reduced copyright payment obligations applicable to local (in-
market) stations. See 17 U.S.C. 111(a), (c), (d), and (f), as amended by STELA 104 (relating to cable statutory
copyright license) and 122(a)(2), as amended by STELA 103 (relating to satellite statutory copyright license).
9

Federal Communications Commission

DA 11-1454

carriers are not required to carry out-of-market significantly viewed stations. If they do carry such
significantly viewed stations, retransmission consent is required.54 STELA reauthorizes the statutory
copyright license for satellite carriage of significantly viewed stations and moves that license from the
distant signal statutory copyright license provisions in 17 U.S.C. Section 119(a)(3) to the local signal
statutory copyright license provisions in 17 U.S.C. Section 122(a)(2).55 By so doing, Congress now
defines significantly viewed signals as another type of local signal, rather than as an exception to distant
signals, and consequently, the significantly viewed signal license does not expire on December 31, 2014,
when the distant signal license is set to expire.56 Section 122(a)(2) explicitly limits significantly viewed
to the rules as adopted by the Commission as of April 15, 1976. Satellite carriers are required to provide
notice to local stations before they commence carriage of significantly viewed stations. This notice
requirement does not apply to cable systems carriage of significantly viewed stations. There are no
market modification provisions regarding satellite carriers similar to those for cable operators.
16. Program Exclusivity and Sports Blackout Rules. A broadcaster can carry network and
syndicated programming on its local television station(s) only with the permission of the networks or
syndicators that own or hold the rights to that programming. Broadcast stations negotiate to be the


54 See 47 U.S.C. 340(d). The statute requires that the significantly viewed station grant consent in order for its
signal to be carried. Pursuant to SHVERA, DBS operators were granted the right to retransmit out-of-market
significantly viewed commercial broadcast stations to subscribers in the community in which the station is deemed
significantly viewed, provided the local station affiliated with the same network as the significantly viewed station is
offered to subscribers. SHVERA permits a satellite carrier to privately negotiate with a local network station to
obtain a waiver of the requirement that the local station be offered. 47 U.S.C. 340(b)(4). SHVERA provides that,
as in the cable context, satellite carriers pay reduced copyright fees for retransmission of significantly viewed
stations. 17 U.S.C. 119(a).
55 See STELA 103.
56 STELA Significantly Viewed Report and Order, 25 FCC Rcd 16383, 16387, 4 n.23. In the STELA Significantly
Viewed Report and Order
, the Commission revised its satellite television significantly viewed rules to facilitate
satellite carriage of significantly viewed stations and thereby provide satellite subscribers with greater choice of
programming and to improve parity and competition between satellite and cable carriage of broadcast stations. Id. at
16411, 55. Among other things, the Commission: (1) eliminated a previous requirement that satellite subscribers
receive via satellite the local in-market station affiliated with a particular network in order to be eligible to receive
an out-of-market significantly viewed station affiliated with the same network and now only requires that satellite
subscribers receive their carrier's local-into-local service package; (2) eliminated the requirement that satellite
carriers devote "equivalent bandwidth" to the carriage of the local in-market station as compared with the bandwidth
of the out-of-market significantly viewed station and now allow a satellite carrier to retransmit a significantly
viewed station in High Definition (HD) format as long as the satellite carrier also retransmits the local station
affiliated with the same network in HD if the local station makes the HD format available to the satellite carrier (the
HD format requirement); and (3) modified its 2005 interpretation of the Section 340(b)(3) exception, finding that, in
the context of the amendments to Sections 340(b)(1) and (2), this exception permits a satellite carrier to offer a
significantly viewed network station to a subscriber when there is no local affiliate of the same network present in
the local market, even if the subscriber does not receive local-into-local service. For purposes of the HD format
requirement, the corresponding local (in-market) station will be considered "available" to the satellite carrier when
the station: (a) elects mandatory carriage or grants retransmission consent; (b) provides a good quality signal to the
satellite carrier as required by Section 76.66(g) of the rules; and (c) is otherwise in compliance with the "good faith
negotiation" and carriage provisions set forth in Sections 76.65 and 76.66 of the rules. The Commission also
determined that the HD format requirement would (1) apply only where a satellite carrier retransmits to a subscriber
the significantly viewed station in HD format and not to restrict a satellite carrier from retransmitting to a subscriber
the significantly viewed station in standard definition (SD) format; and (2) require satellite carriage of a secondary
stream of a local station's multicast signal if that stream is in HD and is affiliated with the same network as an
significantly viewed station retransmitted in HD to subscribers in the local market by the satellite carrier. Id at
16386-87, 16411, 3, 53-54.
10

Federal Communications Commission

DA 11-1454

exclusive distributor of specific programming in a local market. Where an MVPD carries more than one
station with the rights to a program, the Commission's exclusivity and blackout rules, along with
provisions in network and syndication programming contracts, protect the rights of stations to be the
exclusive distributor.57 The network non-duplication rules protect a local commercial or noncommercial
broadcast television station's right to be the exclusive distributor of network programming within a
specified zone, and require programming subject to the rules to be blacked out when carried on another
station's signal imported by an MVPD into the local station's zone of protection.58 Similarly, the
syndicated exclusivity rules protect the exclusive distribution rights of a commercial broadcast television
station or a distributor of syndicated programming within a 35-mile geographic zone surrounding a
television station's city of license. In addition, the sports blackout rule protects a sports team's or sports
league's distribution rights to a live sporting event taking place in a local market, and is intended to
ensure the continued general availability of sports programming to the public.59

B.

Inability to Receive In-State Broadcast Stations

17. As the data amassed in this proceeding demonstrate, the vast majority of U.S. households are
predicted to have access to some in-state programming.60 Specifically, the Bureau found that, based on
Commission data, about 99.98 percent of the 117.2 million total U.S. households have access to in-state
programming (i.e., at least one in-state station) either over the air or via an MVPD. In addition, we found
that about 99.92 percent of all U.S. households can receive at least one in-state station via over-the-air
reception. About 98.4 percent of U.S. households have access to at least one in-state television station via
DBS.


57 See generally SHVERA Report (description and history of the network non-duplication, syndicated exclusivity,
and sports blackout rules).
58 See 47 C.F.R. 76.92, 76.93 and 76.122. The Commission is seeking comment on whether to eliminate these
rules as part of its ongoing proceeding examining the retransmission rules. See Retransmission Consent NPRM,
n.13, supra.
59 See 47 C.F.R. 76.101, 76.120 and 76.123-125. Stations deemed significantly viewed are exempt from deletion
under the syndicated exclusivity rules.
60 In order to determine the predicted service area for purposes of the analysis required by the statute, we have
chosen to use OET Bulletin No. 69 methodology (Longley-Rice propagation model). Although this approach
estimates the number of households that reside in each television station's service area, it does not tell us whether
each household within a particular service area actually can receive that station's signal. Thus, the data set forth in
this Report are based on a predictive model regarding the availability of broadcast television stations via over the air
transmission. We believe that this approach yields the most accurate data for our assessment of the questions posed
by Sections 304(1) and 304(2) of STELA. Accordingly, in this Report, with respect to over-the-air broadcasting, in
our responses to Sections 304(1) and (2), we use the terms "receive" and "have access to" interchangeably. We
define these terms to mean that households fall within the predicted over-the-air service area of in-state broadcast
stations. Nonetheless, we recognize that certain households may not be able to access a station for various reasons,
including signal interference or the lack of a suitable antenna or other equipment. Moreover, a household's ability
to "receive" or "have access to" the signal of a broadcast television station via over-the-air transmission may be
impacted by a range of other factors that we cannot determine and assess for the purposes of this Report. The
Longley-Rice propagation model cannot account for these situations. Therefore, the data set forth in this Report and
the Appendices are predictions of the over-the-air broadcast service that should be available in certain markets and
to certain households. We also note that our data analyses in response to Sections 304(1) and (2) include full-power
stations, Class A stations, low-power stations, and translators. For additional definitions and explanations of our
methodology, see Section III.
11

Federal Communications Commission

DA 11-1454

18. Nonetheless, the record in this proceeding also reflects examples of counties in which
commenters have no access, or have limited access, to in-state broadcast stations.61 As described above,
local markets are defined by DMA for purposes of MVPD carriage. Because the DMA may include one
or more counties located in a different state from that of the DMA's principal city or cities where most of
the local television stations originate, some consumers62 through their MVPD, may receive only out-of-
state stations and thereby lack access to in-state programming, including political and election coverage,
public affairs programming, and weather and other emergency information. Consumers from disparate
areas throughout the nation comment that they are deprived of vital information that is overwhelmingly
available to other households across the country.63 Consumers in affected areas typically do not have
access to programming content from in-state local television stations that cover the issues emanating from
their state capitals and, as a result, believe they are less well served by the broadcast programming they
are able to receive.64 Without such state-focused information and programming content, consumers
express frustration at their inability to make informed election and other civic decisions.65 Additionally,
some consumers indicate that they would prefer television advertising that supports their state economies
rather than the out-of-state advertisements that air on the in-market stations they receive.66 Commenters


61 See Appendix F, which provides Case Studies of 34 counties commenters identified in the record that have no
access or limited access to in-state stations. The Case Studies detail the broadcast stations available in those
counties both over the air and from MVPDs. See also 41-42, infra.
62 For instance, many commenters raised the in-state broadcast station signal access problems in Garrett County,
Maryland which is included in the Pittsburgh DMA. Letter from Sen. Benjamin L. Cardin, Maryland to Julius
Genachowski, Chairman, FCC (Mar. 4, 2011) at 1 (Cardin advocates "action to address the situation currently
affecting the people of Garrett County"); Letter from Rep. Roscoe G. Barlett to Julius Genachowski, Chairman,
FCC (Feb. 16, 2011) at 1 (stating that his constituents in Garrett County cannot receive Washington, D.C., Baltimore
or Maryland area television stations). He supports solutions that would give all Maryland residents the ability to
view in-state broadcasts. Rep. Barlett subsequently wrote to FCC Chairman Genachowski to indicate that cable
providers and broadcasters were making progress on devising new approaches to deliver more in-state locally-
oriented programming to Garrett County residents. Letter from Rep. Roscoe G. Barlett to Julius Genachowski,
Chairman, FCC (May 3, 2011); Board of County Commissioners of Garrett County, Maryland (Garrett County
Commissioners) Reply Comments at 1; see also, generally, Garretts for Maryland TV Reply Comments.
63 Colorado residents David and Nancy Smith contend that the "essential task" of the media is to keep people
informed, but the broadcast stations they receive from Albuquerque have no relevance to them. Comments of David
and Nancy Smith (Jan. 23, 2011) at 1. In addition, Vicki and Seab Helms, DBS subscribers in La Plata County,
Colorado credit a lack of local advertising for job losses in the local economy. Comments of Vicki and Seab Helms
(filed Jan. 23, 2011) at 1.
64 For example, Mary Gillam indicates that in her 15 years as a resident of La Plata County, Colorado she has never
seen any of the state's governors or other elected representatives on television. Comments of Mary Gilliam (Jan. 24,
2011) at 1. She also asserts that regulators should not presume that the Internet is a substitute for local television in
the provision of local news in orphan counties. Id.
65 Colorado resident Kim Rabick states that during a recent state election she felt very well informed to vote in New
Mexico but not in Colorado. Thus, she seeks better access to news from Denver, her state capital, rather than
Albuquerque-Santa Fe, which is the DMA to which her household is assigned. Comments of Kim Rabick (Jan. 24,
2011) at 1. She also states that she drives seven hours from her home county to Denver because she feels culturally,
economically and politically linked to Colorado, not New Mexico. Id.
66 Jennifer Mankins of Bayfield, Colorado, finds it "inconceivable" that because of where she lives in the state she is
unable to get Colorado news, sports and politics and instead receives Albuquerque news coverage and
advertisements from commercial areas where she does not shop. Comments of Jennifer Mankins (Jan. 24, 2011)
at 1.
12

Federal Communications Commission

DA 11-1454

opine that their inability to access in-state advertising has a continuing negative impact on their
communities through the loss of revenue.67
19. Elected officials echo the concerns expressed by their constituents about the lack of access to
in-state broadcast content.68 They note that the disparities between state boundaries and DMAs have
caused residents in these underserved areas to be deprived of the cultural, sports, political and local news
relevant to the state in which they reside.69 Additionally, these officials may have trouble communicating
effectively with their constituents in these areas, because television advertising for elections may not be
placed on the out-of-state, in-market broadcast stations that are available to those constituents. If
politicians do elect to purchase advertising on these out-of-state stations to reach all of their constituents,
they will likely incur additional advertising fees. Moreover, commenters complain that out-of-state, in-
market households are subjected to political advertisements that are of no value to the advertiser or the
viewer.70
20. Lack of access to in-state broadcast stations is not limited to commercial stations. NCE
broadcasters report receiving numerous complaints from "disgruntled" consumers unable to view their in-
state public broadcast station.71 NCE commenters note the importance of their role as emergency alert
providers and contend that their inability to attain carriage on DBS systems endangers citizens because
local and emergency announcements are not carried on out-of-state satellite channels.72


67 See, e.g., Comments of Vicki and Seab Helms (Jan. 23, 2011) at 1.
68 Wyoming elected officials raise concerns that households in Wyoming do not have access to Wyoming-based
television broadcast programming. The officials explain that there are seven DMAs within the state's boundaries,
five of which are based on out-of-state principal cities and station communities of license, including one northern
county that is part of Denver's DMA although Denver is almost 400 miles away and the in-state market area
originates from the next county. In total 16 of Wyoming's 23 counties are assigned to out-of-state DMAs, thus,
nearly 55 percent of all of the state's television households cannot receive Wyoming-based news, weather, sports or
emergency alerts from DBS services. Enzi et al. Dec. 1, 2010 Ex Parte Letter at 1. Wyoming officials believe
consumers should have the ability to access and the option of viewing either in-state or in-market stations. Id. See
also
Letter from Sen. Mark Udall, Sen. Michael Bennet, Rep. Diana DeGette, Rep. Doug Lamborn, Rep. Ed
Perlmutter, Rep. Mike Coffman, Rep. Jared Polis, Rep. Cory Gardner, and Rep. Scott R. Tipton, Colorado
Delegation, to Julius Genachowski, Chairman, FCC (Feb. 16, 2011) at 1 (attribute the lack of access to in-state
broadcast programming to the "inflexibility" of the DMA system).
69 Sen. Michael F. Bennet of Colorado asserts that residents of several of that state's counties (e.g., La Plata and
Montezuma) are "much better informed about the laws, issues and candidates of New Mexico than they are about
the laws, issues and candidates of Colorado." Bennet Jan. 21 Ex Parte Letter at 1. Sen. Bennet also opined that the
DMA system as it is currently employed by the Commission "does not have the required flexibility" to address the
problems experienced by many of his constituents who are unable to view their preferred in-state broadcast stations
because the county in which they reside is included in a DMA which is comprised largely of geographic areas in a
neighboring state. Id.
70 See, e.g., Bennet Jan. 21 Ex Parte at 1; see also Garrett County Commissioners Reply Comments at 1-2.
71 See Oregon Public Broadcasting Comments at 2; Wyoming PBS Comments at 2. Many of the complaints
apparently emanate from DBS subscribers. In Wyoming, for example, DISH's spot beam for the Casper-Riverton
DMA covers the central and western counties in the state, but does not cover portions of eastern Converse County
which are located in the Casper-Riverton DMA. Wyoming PBS Comments at 1. Also, DIRECTV customers in
Wyoming receive PBS programming from stations in Utah (the Salt Lake City DMA) or Colorado (the Denver
DMA) depending on whether they reside in eastern or western Wyoming. Id.
72 Wyoming PBS Comments at 2. Additionally, Oregon Public Broadcasting states that according to the 2009
Census, 111,000 rural Oregon residents do not have access to DBS service that includes their state's public
broadcast signal. Oregon Public Broadcasting Comments at 3. OPB states that its television signal is carried in all
(continued....)
13

Federal Communications Commission

DA 11-1454

III.

STELA SECTION 304 FINDINGS

21. Section 304(1) of STELA requires the Commission to estimate the number of households in a
state that receive the signals of local broadcast stations assigned to a community of license that is located
in a different state. To perform this analysis, the Bureau used the Commission's Office of Engineering
and Technology (OET) Bulletin No. 69 methodology to predict the service area of each broadcast station
and to estimate the number of households in its service area.73 This OET bulletin provides guidance on
the use of the Longley-Rice propagation model and U.S. census blocks to evaluate television service
coverage and interference.74 We included commercial, noncommercial educational, Class A, translator,
satellite, and low-power stations in our analysis.75
22. Section 304(2) of STELA requires the Commission to analyze the extent to which consumers
in each local market have access to in-state broadcast programming over the air or from an MVPD. To
perform this analysis, the Bureau defined "consumers" to mean households, "local market" to mean
Nielsen DMA,76 and "in-state broadcast programming" to mean the programming carried by television
stations licensed to the state where the consumer resides.77 As noted above, DMAs frequently cross state
lines and may include counties from multiple states. To address that situation, we analyze DMAs by
"state segments," disaggregating the data by populations within different states.78 We use the Longley-
Rice methodology to estimate access to over-the-air broadcast programming by households living within
(Continued from previous page)


three state counties on cable systems, and that state residents suffer an "illogical disparity" in terms of access to in-
state broadcast stations based on whether they have access to and whether they choose DBS or cable. Id. at 2.
73 The American Cable Association (ACA) disagrees with the Bureau's decision to measure the number of
households that "receive" an out-of-state broadcast station signal by only including those households within a
broadcast station's predicted service area. ACA contends that to accurately measure the number of households that
receive out-of-state broadcast stations' signals, the Commission's report must include households outside a
broadcast station's predicted service area receiving out-of-state broadcast stations' signals from an MVPD. We
disagree. We focus our analysis in Section 304(1) to estimating the number of households that can receive out-of-
state broadcast television stations via over-the-air reception, excluding MVPDs. Congress instructed us to analyze
the extent to which consumers have access to in-state programming from MVPDs in Section 304(2) of STELA, but
did not specify that we include MVPDs in our analysis of Section 304(1).
74 Public Notice at 2. OET Bulletin No. 69 was released on February 6, 2004, and is available at
http://www.fcc.gov/oet/info/documents/bulletins/#69.
75 Public Notice at 2-3.
76 See 5, supra, for the definition of the Nielsen DMA. We use Nielsen's DMAs as of the 2010-2011 television
season.
77 Although we are aware that some broadcast television stations located in one state may provide programming that
addresses the concerns of some households located in neighboring states, we have no way of documenting this
systematically. Therefore, in this Report we are using "state of license" as a proxy for measuring "in-state
programming." See Section. III. C. We also are unable to ascertain for purposes of this Report what type of
programming is routinely transmitted by translators or low-power television stations.
78 We identify 349 state segments within the 210 DMAs. For example, the Albany-Schenectady-Troy DMA
includes counties from three states: one Massachusetts county, 12 New York counties, and one Vermont county.
We therefore divide the Albany-Schenectady-Troy DMA into three state segments: Massachusetts, New York, and
Vermont. We report on the number of DMA households in each state segment and the percent of the total number
of DMA households that those households represent. For DMAs that are comprised solely of counties from one
state, e.g., Abilene-Sweetwater, the Texas state segment is synonymous with the entire DMA.
14

Federal Communications Commission

DA 11-1454

each of these state segments. We also report on access to broadcast programming via cable systems, via
DBS operators, or via other MVPDs combined.79
23. Section 304(3) of STELA requires the Commission to consider alternatives to the use of
DMAs to define local markets that would provide more consumers with in-state broadcast
programming.80 To perform this analysis, the Bureau discusses below a few alternatives for defining
local markets, including defining geographic markets in terms of the 50 states plus the District of
Columbia, or, alternatively, eliminating the out-of-state portions of DMAs so that the DMAs no longer
cross state lines.81 We also examine a range of other methods that could potentially increase consumers'
access to additional in-state broadcast programming.
24. Based on our Section 304(1) analysis, the Bureau found that in all but two states, Alaska and
Hawaii, at least some households receive one or more out-of-state broadcast stations. In four states, fewer
than ten percent of households receive out-of-state stations. They are: California (one percent,
representing 131,153 of California households), Montana (3.80 percent, representing 15,645 Montana
households), Utah (5.3 percent, representing 46,884 Utah households), and Arizona (5.6 percent,
representing 132,654 Arizona households). In the District of Columbia as well as three states Delaware,
New Jersey, and Rhode Island 100 percent of households receive at least one of out-of-state broadcast
station. In an additional five states, more than 90 percent of households receive such stations. They are:
Maryland (99.9 percent, representing 2,154,739 Maryland households), Massachusetts (99.4 percent,
representing 2,532,875 households), Connecticut (97.7 percent, representing 1,338,897 households), New
Hampshire (96.4 percent, representing 500,394 households), and Illinois (92.2 percent, representing
4,458,123 households).
25. To provide a more complete analysis, we also estimated the extent to which households
receive only out-of-state broadcast stations. We found that in all 50 states and the District of Columbia,
such households represent a small percentage of the population. The state of Minnesota has the highest
number of households that receive only out-of-state stations: 41,419 out of a statewide total of 2,087,227
households, or about 2.0 percent of Minnesota households. Five other states: Pennsylvania, New
Hampshire, Tennessee, Washington and Kansas have more than 10,000 households who receive no in-
state signals. Wyoming and New Hampshire have the highest percentage of households who receive no
in-state programming 3.5 percent, representing 7,952 and 18,341 households, respectively. In addition
to Minnesota, Wyoming, and New Hampshire, there are two other states that have greater than one
percent of households that receive no in-state programming: Vermont (2.1 percent), and Kansas (1.20
percent).
26. With respect to the Section 304(2) analysis, the Bureau found that, based on Commission
data, about 99.98 percent of the 117.2 million total U.S. households82 have access to at least one in-state
station either over the air or via an MVPD.83 Regarding over-the-air reception of in-state programming,
we found ten state segments (out of the 349 total state segments that we examined)84 containing some


79 For a more detailed discussion of our definitions, see Section III. B.
80 Public Notice at 5.
81 Id.
82 Nielsen household estimate as of January 2011.
83 See Section III. B.
84 These segments are: the Vermont county in the Albany-Schenectady-Troy DMA, the Arizona county in the
Albuquerque-Santa Fe DMA, the Oregon county in the Boise DMA, the two Pennsylvania counties in the Buffalo
DMA, the West Virginia county in the Harrisonburg DMA, the four Kansas counties in the Lincoln & Hastings-
Kearny DMA, the Nevada county in the Los Angeles DMA, the six Montana counties in the Minot-Bismarck-
(continued....)
15

Federal Communications Commission

DA 11-1454

households that receive fewer than one in-state station.85 The number of affected households ranged from
300 Nevada households in the Los Angeles DMA to 23,500 Pennsylvania households in the Buffalo
DMA. Of those, nine state segments are comprised of households that likewise cannot access in-state
programming through an MVPD.86 Nationwide, households within each state segment receive on average
about nine in-state broadcast stations over the air, including low-power stations, Class A stations, full-
power stations, and translators. Considering full-power stations only, the average is about 6.5 in-state
broadcast signals over the air.
27. To provide a more complete analysis of Section 304(2), we used data from Nielsen to
examine in-state stations that households are watching, either via cable, DBS, or over-the-air, that meets
Nielsen's minimum reporting requirements (i.e., in-state stations that attract a viewing audience
comprised of at least 2.5 percent of the DMA's households).87 We found that about 99.4 percent of U.S.
television households watch at least one in-state station.
28. With respect to DBS carriage of in-state signals, we found that about 98.4 percent of U.S.
households are able to receive at least one in-state broadcast station. We found 78 state segments in
which neither DISH nor DIRECTV carried any in-state stations, i.e., households located in these state
segments are unable to receive any in-state stations via DBS. These state segments contain a total of
about 1.87 million households, representing 1.6 percent of all U.S. households.

A.

Section 304(1) Findings: Data Analysis of the Number of Households Receiving a
Local Broadcast Station Signal From a Different State

29. The Bureau's analyses of the number of households that receive out-of-state broadcast
television signals are contained in aggregate form for each state in Appendix A.88 The appendix provides
the following information for each state:

The number of households in the state;89
(Continued from previous page)


Dickenson (Williston) DMA, the Missouri county in the Omaha DMA, and the West Virginia county in the
Roanoke-Lynchburg DMA. We include translators, low-power stations and Class A stations in this analysis.
85 Because we report the household-weighted average of the number of stations received across the census blocks
that make up each state segment, the resulting number of stations can be less than one or contain a fraction of a
station. For example, if a state segment consists of two census blocks and the first census block has 100 households
and receives one broadcast station and the second census block also has 100 households but receives no broadcast
stations, then the household-weighted average for this state segment is 0.5 (i.e., [(100 x 1) + (100 x 0)]/200 = 0.5),
signifying that some households in the state segment do not receive any broadcast stations while others do. See also
n. 116, infra.
86 Oregon households located within the Boise DMA, while unable to receive Oregon stations via DBS or over the
air, are watching a station licensed to Oregon through an MVPD. When analyzing access to in-state programming
via MVPDs, we include digital multicast signals. Multicasting allows broadcast stations to offer digital streams or
channels (i.e., digital multicast signals) of programming simultaneously, using the same amount of spectrum
previously required for analog programming. See Federal Communications Commission, DTV.gov: What is DTV?
http://www.dtv.gov/whatisdtv.html. See also Section III. B.
87 For a more detailed discussion of how we used Nielsen data, see Section III. B.
88 To clarify the content of Appendix A, we explain how to read the table, using Alabama as an example, as follows:
The state of Alabama has 1,883,791 households. Of those, 882,316, or 46.80 percent, can receive at least one out-
of-state broadcast station. In addition, 2,118 Alabama households, or 0.10 percent, receive only out-of state
broadcast stations.
89 Estimates are from 2010 Bureau of Census data.
16

Federal Communications Commission

DA 11-1454


The number of households in the state that receive the signal of at least one out-of-state broadcast
station;90

The percentage of the state's households that receive the signal of at least one out-of-state
broadcast station;91

The number of households in the state that receive the signal of only out-of-state broadcast
stations;92 and

The percentage of households in the state that receive the signals of only out-of-state broadcast
stations.93
The attached Appendix B provides the granular information that we used to compile the aggregate values
contained in Appendix A. For each state, Appendix B presents a complete list of out-of-state broadcast
television stations received in at least one census block in the state. For each out-of-state broadcast
television station, Appendix B shows the:

State where households receive a broadcast station;

Call sign of the broadcast station;

Network affiliation (if known);

Type of service (i.e., full-power, low-power, Class A, translator);94

State of license of the broadcast station;

Community of license of the broadcast station;

The number of households in the state that receive the signal of that broadcast station;

The percentage of households in the state that receive the signal of that broadcast station; and

Total number of households in the state.
30. To calculate the values contained in this portion of the Report, Bureau staff estimated which
broadcast television stations are received in each census block and used 2010 Census Bureau data to
estimate the number of households in each census block.95 First, we estimated the households served by


90 The estimate is derived by summing all the households in all the census blocks that receive at least one out-of-
state broadcast station. Our estimate includes households that only receive stations licensed to a different state and
households that receive stations from their own state as well as from a different state.
91 The estimate is derived by dividing the number of households that receive at least one out-of-state broadcast
station by the total number of households in the state.
92 The estimate includes households that receive at least one out-of-state broadcast station but no in-state broadcast
stations.
93 The estimate is derived by dividing the households that receive only out-of-state broadcast stations by the total
number of households in the state.
94 The station types are identified in Appendix B as follows: CL-A = digital or analog Class A station, LPTV =
digital or analog low-power television station, MAIN = full-power station, PUB = full-power educational or public
television station, SAT = full-power satellite station and TRLT = analog or digital translator.
95 Census blocks are statistical areas bounded by visible features, such as streets, roads, streams and railroad tracks,
and by non-visible boundaries, such as selected property lines and city, township, school district and county limits,
and short line-of-sight extensions of streets and roads. Generally, census blocks are small in area; for example, a
block in a city bounded on all sides by streets. Census blocks in suburban and rural areas may be large, irregular,
and bounded by a variety of features, such as roads, streams, and transmission lines. In remote areas, census blocks
may encompass hundreds of square miles. Census blocks do not cross state lines. Census blocks cover the entire
territory of the United States, Puerto Rico, and the Island Areas. Census blocks nest within all other tabulated
(continued....)
17

Federal Communications Commission

DA 11-1454

every broadcast television station. For all operational full-power broadcast stations as of June 10, 2011,
we predicted signal strength at the internal point96 of each census block using a Longley-Rice based
computer model similar to that described in OET Bulletin No. 6997 and utilized by the DTV Mapping
Tool.98 We did not calculate interference between broadcast stations. If the predicted signal level of a
broadcast station exceeded the defining field strength at the internal point, we estimated that all of the
households in that census block received the broadcast station.99 For low-power broadcast stations
operational as of June 21, 2011, we predicted service using the contours available on the Commission's
website.100 If the internal point of a census block fell within the contour of a broadcast station, we
estimated that all of the households in that census block received the broadcast station. Our approach
matches a predicted broadcast signal contour with the internal point of a census block to determine
whether a census block receives, or does not receive, a broadcast station. In this Report, we do not use a
predicted broadcast signal contour to decide whether an individual household receives, or does not
receive, a broadcast station.
31. To estimate the number of households in a state that receive broadcast stations licensed to a
different state, Bureau staff aggregated all the households in all the census blocks that receive one or more
out-of-state broadcast station(s) and calculated the percent of all households in the state that this total
represents. Our estimate includes full-power, low-power, Class A, and translator broadcast stations.
Although Section 304(1) only requires us to estimate the number of households that receive out-of-state
broadcast stations, we also used the same methodology described above to estimate the number and
percent of households in each state that are only able to receive out-of-state broadcast stations and do not
receive the signals of any in-state broadcast stations. We believe that this additional information, which is
beyond what was required by the statute, provides another useful means to assess the extent to which
households in each state are unable to receive any in-state broadcast stations.

B.

Section 304(2) Findings: Data Analysis of Consumer Access to In-State Broadcast
Programming

32. The Bureau's analysis of the extent to which consumers in each local market have access to
in-state broadcast programming over the air or from an MVPD is contained in aggregate form in
(Continued from previous page)


census geographic entities and are the basis for all tabulated data. See 2010 Census Geographic Terms and Concepts
(2010), http://www.census.gov/geo/www/2010census/GTC_10.pdf.
96 The internal point of a census block is a set of geographic coordinates (latitude and longitude) that is located
within a census block. Specifically, a single point is identified for each census block. For many census blocks this
point represents the approximate geographic center of the census block. If the shape of the census block causes this
point to be located outside the boundary of the census block or in a water body, it is relocated to land area within the
census block. See http://www.census.gov/geo/www/geo_defn.html#InternalPoint.
97 OET Bulletin No. 69 (Feb. 6, 2004) provides guidance on the use of the Longley-Rice propagation model and
U.S. census blocks to evaluate TV service coverage and interference. The bulletin is available at
http://www.fcc.gov/oet/info/documents/bulletins/#69. The computer model used for this Report is similar to the
OET-69 model but was custom written for the efficiency of the DTV mapping tool. Most of the same assumptions
were used for the planning factors. The differences are mainly in service area boundaries, the terrain sampling
algorithm and how interference is handled. The results of our model and the OET-69 model have been validated to
be very similar.
98 See http://www.dtv.gov/maps. Our analysis was based on the Longley-Rice propagation model, not the Individual
Location Longley Rice (ILLR) methodology used to determine "served" and "unserved" households pursuant to 17
U.S.C. 119.
99 The defining field strength comes from OET Bulletin No. 69.
100 See http://transition.fcc.gov/Bureaus/MB/Databases/tv_service_contour_data/readme.html.
18

Federal Communications Commission

DA 11-1454

Appendix C.101 Although we define a local market as the DMA, our analysis for Section 304(2) takes
account of the fact that many DMAs cross state boundaries and estimates access to in-state broadcast
programming on a more granular level specifically state segments.102 The appendix provides the
following information for each DMA:

The DMA name in which households have access to broadcast stations;

The DMA's rank as of the 2010-2011 television season;103

The DMA state segment;104

The number of households in each DMA state segment;105


101 To clarify the content of Appendix C, we explain how to read the table, using the Abilene-Sweetwater DMA as
an example, as follows: There are 116,200 households in the Texas state segment which represent all of this DMA's
households. Nielsen data indicate that at least 2.5 percent of the households within this state segment watched each
of 15 Texas stations during February 2011. On average, households in the Texas state segment receive 3.99 full-
power stations and 6.47 stations when full-power and low-power stations are included. In addition, DISH and
DIRECTV carry seven and six Texas broadcast stations, respectively, in the Abilene-Sweetwater DMA.
102 To clarify the content of Appendix C, we explain how to read the table, using the Albany-Schenectady-Troy
DMA as an example, as follows: There are 55,800 households in the Massachusetts state segment, representing 9.92
percent of this DMA's households. Nielsen data indicate that at least 2.5 percent of the households within the
Albany-Schenectady-Troy DMA watched each of three Massachusetts stations during February 2011. On average,
households in the Massachusetts state segment receive 2.51 full-power stations and 4.13 stations when full-power
and low-power stations are included. In addition, DISH and DIRECTV each carry one Massachusetts broadcast
station in the Albany-Schenectady-Troy DMA. There are 491,500 households in the New York state segment,
representing 87.39 percent of this DMA's households. Nielsen data indicate that at least 2.5 percent of the
households within the Albany-Schenectady-Troy DMA watched each of 13 New York stations during February
2011. On average, households in the New York state segment receive 7.65 full-power stations and 10.45 stations,
when full-power and low-power stations are included. In addition, DISH and DIRECTV each carry six New York
broadcast stations in the Albany-Schenectady-Troy DMA. There are 15,100 households in the Vermont state
segment, representing 2.68 percent of this DMA's households. Nielsen data indicate that no Vermont stations were
watched by at least 2.5 percent of the households within the Albany-Schenectady-Troy DMA during February 2011.
On average, households in the Vermont state segment receive 0.29 full-power stations and 0.94 stations when full-
power and low-power stations are included. In addition, neither DISH nor DIRECTV carried any Vermont
broadcast stations in the Albany-Schenectady-Troy DMA. In this regard, there are three legal exceptions in the
copyright rules that permit DBS operators, if they desire, to offer in-state, out-of-market stations in Vermont, New
Hampshire, Oregon and Mississippi. See 47 U.S.C. 122(a)(4). Based on the information in the record, including
the Section 305 reports submitted by DIRECTV and DISH, it does not appear that either satellite carrier is offering
in-state stations pursuant to these voluntary provisions at this time.
103 Nielsen ranks DMAs every television season based on the total number of television households.
104 For DMAs that do not cross state borders, this is the state where all of the counties assigned to the DMA are
located. For DMAs that cross state borders, this is the state where all of the counties in the state segment of the
DMA are located.
105 In contrast to Appendix A, which uses estimates directly from the Census Bureau, these state segment estimates
are based on Media Bureau staff analysis of data from Nielsen. In some cases, Nielsen splits counties between
different DMAs (e.g., the northern portion of Apache County in Arizona is assigned to the Albuquerque-Santa Fe
DMA, while the southern portion is assigned to the Phoenix (Prescott) DMA. Because we are evaluating data on a
DMA basis and DMAs are a creation of Nielsen, we believe that Nielsen's internal estimates are the best source of
data for Section 304(2). For DMAs that are located in a single state, the total number of households in the local
market is the same as the total number of households in the DMA. For a DMA that crosses state boundaries, the
total number of households in a state segment will be less than the total number of households in the DMA but the
total number of households in the combined state segments of the DMA will be the same as the total number of
households in the DMA.
19

Federal Communications Commission

DA 11-1454


The percentage of DMA households in the DMA state segment;106

The number of in-state broadcast stations, whether received in a television household over the air,
from a cable system, from a DBS operator, or from another MVPD, as measured by Nielsen
within each DMA, by DMA state segment;107

The household-weighted average number of in-state full-power broadcast stations received over
the air;108

The household-weighted average number of all in-state broadcast stations received over the air by
households living within each state segment;109

The number of in-state broadcast stations carried by DISH; and

The number of in-state broadcast stations carried by DIRECTV.110
33. The attached Appendices D and E provide the granular information that we used to compile
the aggregate values contained in Appendix B.111 For each DMA state segment, Appendix D provides
information on all in-state broadcast television stations received over the air in at least one census block
within that state segment. For each in-state broadcast station, Appendix D provides the following:

DMA name in which households can receive a station's signal;

DMA state segment and station's state of license;

Call sign of the broadcast station;

The broadcast station's type of service (e.g., full-power, low-power, Class A, translator);112

Broadcast station's community of license;

The number of households within each DMA state segment that receive the broadcast station;

The percentage of households within each DMA state segment that receive the broadcast station;

The number of households in the DMA state segment;113 and

The station's DMA as assigned by Nielsen for the 2010-2011 television season.
34. For each DMA state segment, Appendix E provides information on all in-state broadcast
stations carried by DISH and DIRECTV. We include each station that is carried by at least one of the
DBS operators. For each in-state broadcast station, Appendix E provides the following:


106 For DMAs that are located in a single state, the percent of households in the DMA is 100 percent. For a DMA
that crosses a state's boundaries, the percent of households in the local market is less than 100 percent but the
percent of households in the combined state sections of the DMA is 100 percent.
107 This number includes multicast signals. See n. 86, supra.
108 The estimates include only full-power in-state broadcast stations.
109 The estimates include all in-state broadcast television stations (i.e., , full-power, low-power, Class A, and
translator stations).
110 The DBS numbers include multicast signals. See n. 86, supra.
111 Our sources include BIA/Kelsey, Nielsen, DISH, DIRECTV and individual broadcast stations' websites.
112 The stations' types of service are identified in Appendix D are as follows: CA = analog Class A station, DC =
digital Class A station, DT = full-power digital station, LD = low-power digital station or low-power digital
translator, TV = full-power station, and TX = analog translator or analog low-power station.
113 When measuring the number of households that could receive a broadcast station over the air, the Media Bureau
was unable to divide counties based on Nielsen's internal methodology. Thus, for example, while Nielsen assigns
portions of Apache County in Arizona to both the Albuquerque-Santa Fe DMA and the Phoenix (Prescott) DMA,
for the purpose of this analysis we assigned the entire county to the Albuquerque-Santa Fe DMA. In this chart, we
use 2010 Census data, rather than Nielsen's household estimates as of the 2010-2011 television season.
20

Federal Communications Commission

DA 11-1454


Name of the DMA in which households can receive a broadcast station from DISH and/or
DIRECTV;

DMA state segment and station's state of license;

Call sign of the broadcast station;

Network affiliation of the station;

The broadcast station's type of service (e.g., full-power, low-power, Class A, translator, digital
multicast);114

Broadcast station's community of license;

Whether the station's signal is carried by DISH;

Whether the station's signal is carried by DIRECTV; and

The station's DMA as assigned by Nielsen for the 2010-2011 television season.
35. Access to In-State Broadcast Programming Over the Air. For access to in-state broadcast
stations over the air, we consider all licensed in-state broadcast stations in our analysis, not just the "Big
Four" broadcast network affiliates as proposed by some commenters.115 We use the same methodology in
Section 304(2) that we used in Section 304(1) above to estimate which in-state broadcast stations are
predicted to be received in each census block. We aggregated census block data to estimate access to in-
state broadcast stations by DMA state segment. Since the households in different census blocks of a
DMA state segment may not receive the same number of in-state broadcast stations, we calculated a
household-weighted average for each DMA state segment, weighing the number of in-state stations in a
census block against the number of households in the census block.116


114 The stations' types of service are identified in Appendix E are as follows: CL-A = digital or analog Class A
station, LPTV = digital or analog low-power television station, MAIN = full-power station, PUB = full-power
educational or public television station, SAT = full-power satellite station, and TRLT = analog or digital translator.
115 In Appendix C of this Report, we include all in-state broadcast television stations that can be received in each
state segment, including broadcast stations that are owned and operated or affiliated with ABC, CBS, NBC and Fox,
the Big Four broadcast networks. Several commenters advocate that the Commission break out and separately
analyze the stations affiliated with the Big Four networks. ACA Comments at 3-4. DISH argues that the definition
of orphan county should include those counties in which citizens cannot receive a substantially complete package of
local broadcast stations from Big Four broadcasters. DISH Reply at 4. They reason that these are the local stations
that produce and carry more of the type of programming of concern to Congress. ACA Comments at 3; DISH
Comments at 2. Specifically, DIRECTV recommends that the Commission only consider stations that actually
provide the news and informational programming at issue here. DIRECTV Reply Comments at 2. Other
commenters disagree that access to the Big Four network affiliates should be the focus of this Report. Association
of Public Television Stations Reply Comments (APTS) at 2 (noting that public television stations provide in-state
programming and the public deserves to receive such programming). Because we believe that stations not affiliated
with the Big Four broadcast networks provide in-state programming, we have not limited our analysis to those
stations. We note that all broadcasters, not just those affiliated with the Big Four networks, have the option to offer
that programming which best serves their viewers, including local programming and that those choices may change
over time. For example, we note that local newscasts are broadcast by KXLN, the Univision station in Houston and
WPIX, the My Network Television affiliate in New York. See
http://www.bizjournals.com/houston/news/2011/05/27/univision-newscasts-top-houston-market.html;
http://affiliate.zap2it.com/tv/pix-news-at-ten/EP01114885. As such, our analysis regarding access to in-state
broadcast programming considers all licensed in-state broadcast stations. We do not believe that Section 304(2)
requires an analysis of the specific programs offered by individual stations.
116 For example, if a DMA state segment consists of two census blocks and the first census block has 100
households and receives one broadcast station and the second census block also has 100 households but receives two
broadcast stations, the household-weighted average of number of broadcast stations for the DMA or state segment of
the DMA would be 1.5 broadcast stations [(100 x 1) + (100 x 2)]/200 = 300/200 = 1.5].
21

Federal Communications Commission

DA 11-1454

36. We calculated two household-weighted averages to provide a range of estimates of the in-
state broadcast programming available over the air because we have no systematic method to determine
the extent to which stations are broadcasting programming that was originated in-state. The first
household-weighted average includes full-power stations only.117 The second household-weighted
average includes all types of stations (i.e., full-power, low-power, Class A, and translators). Because
some low-power broadcast stations and Class A broadcast stations originate in-state broadcast
programming, and translators extend the geographic reach of broadcast programming, estimates based
only on full-power broadcast stations may understate the extent to which in-state broadcast programming
is available over the air. Some low-power television stations, Class A stations and translators, however,
may carry programming that originates from out-of-state broadcast stations and, therefore, estimates that
include all broadcast stations may overstate the extent to which in-state broadcast programming is
available over the air.118 Likewise, full-power satellite stations may carry programming that originates
from out-of-state broadcast stations. Because we have no systematic way to track the parent-satellite
relationships of all full-power satellite stations, for the purpose of this Report we used the satellite
stations' state of license as a proxy for "in-state programming." The two weighted averages create a low
and high benchmark to estimate the extent of in-state broadcast programming available over the air.
37. Access to In-State Broadcast Programming From an MVPD. Section 304(2) also requires us
to analyze consumers' access to in-state broadcast programming from an MVPD. In responding to this
question we used Nielsen data. That data identify broadcast television stations received by households in
each DMA, whether the particular household receives the station from an over-the-air broadcast, from a
cable system, from a DBS operator, or another type of MVPD.119 The stations included in the data,
however, are only those that earned a cumulative rating, referred to as a cume, of at least 2.5 percent
during a specific time period.120 Specifically, for each DMA, during an average quarter-hour from
Sunday through Saturday, 7:00 am through 1:00 am, a minimum of 2.5 percent non-duplicated
households within that DMA watched the specified television station. The data include stations assigned
to the specified DMA as well as stations assigned to other DMAs. For this reason, the number of in-state
stations measured by Nielsen may exceed the number of in-state stations received by households over the
air or carried by a particular MVPD.121 For each DMA state segment, we summed the number of stations


117 Our analysis does not count digital multicast streams. This method measures the availability of in-state broadcast
stations based on their signal strength and not their programming. In addition, we note that some satellite stations
retransmit programming from a parent station licensed to a different state, but we have no systematic method to
evaluate the extent to which this occurs and count satellite stations in their state of license.
118 For example, translators account for most of the stations in the Nevada section of the Salt Lake City DMA. If
these translators carry programming that originates from broadcast stations in Nevada, then households in the
Nevada segment of the Salt Lake City DMA have significant access to in-state broadcast programming. We suspect,
however, that many of the translators providing service to households in the Nevada segment of the Salt Lake City
DMA carry programming that originates from broadcast stations in Utah and that our estimate for all broadcast
stations overstates the extent to which in-state broadcast programming is available over the air to these households.
119 In addition to cable and DBS, the Nielsen data include viewing of broadcast stations via C-band satellite dishes,
satellite master antenna systems (also called SMATV systems or private cable operator (PCO) systems), and
wireless cable systems (multichannel, multipoint distribution or MMDS systems). See
http://nielsenmedia.com/glossary/.
120 Four times a year (i.e., February, May, July, and November, known as ratings "sweep" periods) Nielsen measures
audiences for television stations assigned to all 210 DMAs and publishes this information in its Viewers in Profile
Reports. This is the source for the information provided by Nielsen. The data presented herein is for the month of
February 2011.
121 That is, people can watch stations over the air from beyond the DMA and MVPDs carry many stations whose
signals are not received over the air. Thus, the Nielsen data is a useful measure of what households can and do
(continued....)
22

Federal Communications Commission

DA 11-1454

that met Nielsen's minimum cume threshold within each DMA according to each station's originating
state of license. In addition to full-power stations, the totals may include translators, Class A stations,
low-power stations, and digital multicast channels.122 Each station is counted separately.
38. Pursuant to the direction in Section 304(2), we also provide specific information describing
the in-state broadcast programming available to DBS subscribers.123 DISH and DIRECTV submitted data
to the Commission relevant to this analysis pursuant to Section 305(a)(1)(A) of STELA.124 In their
reports, for each DMA, DISH and DIRECTV identified the local broadcast television stations they carry
along with each station's network affiliation.125 In addition to full-power stations, the totals may include
translators, Class A stations, low-power stations, and multicast signals, if DISH and DIRECTV carry
them. We updated the information provided in companies' submissions to reflect their carriage of local
broadcast stations as of June 2011 using Commission and public sources.126 In addition, DISH and
DIRECTV supplied Bureau staff with information on distant signals that they import into "short markets"
pursuant to a distant signal license in Section 119 of Title 17.127 They also supplied information on
significantly viewed and in-state signals provided to subscribers not residing in the relevant station's
DMA pursuant to Sections 122(a)(2) and 122(a)(4) of the Copyright Act.
39. For each DMA state segment, we aggregated the number of stations that DISH and
DIRECTV carry according to each station's originating state of license. In addition to carrying full-
power stations, DISH and DIRECTV carry some translators, Class A stations, low-power stations, and
digital multicast channels. We counted each of these stations separately. In contrast to our over-the-air
(Continued from previous page)


actually watch. We note, however, that Nielsen's statistical criteria exclude stations that get less than 2.5 percent
cume. As a result, although less popular, stations offering in-state programming may be available and watched but
not reflected in Appendix C.
122 Nielsen's measurement of television stations' audiences includes multicast signals that meet its minimum
reporting requirements.
123 In the case of DBS carriage, the analysis includes statewide networks, e.g., "University of North Carolina
Television," because these networks provide in-state programming.
124 See STELA 305. Section 305(a)(1) requires each satellite carrier to submit an annual report to the Commision
setting forth:
A.
each local market in which it--
(i) retransmits signals of 1 or more television broadcast stations with a community of
license in that market;
(ii) has commenced providing such signals in the preceding 1-year period; and
(iii) has ceased to provide such signals in the preceding 1-year period; and detailed
information regarding the use and potential use of satellite capacity for the
retransmission of local signals in each local market.
125 Letter from Michael Nilsson, Counsel for DIRECTV, Inc., to Marlene H. Dortch, Secretary, FCC (regarding
Satellite Television Extension and Localism Act of 2010, Section 305 Report (revised)) (Jan. 3, 2011) (DIRECTV
Section 305 Report Jan. 3, 2011 Letter); Letter from Alison A. Minea, Counsel for DISH Network L.L.C., to
Marlene H. Dortch, Secretary, FCC (regarding Satellite Television Extension and Localism Act of 2010, Section 305
Report
(revised)) (Dec. 28, 2011) (DISH Section 305 Report).
126 Bureau sources include CDBS and the Media Access Pro Television database from BIA Advisory Services. In
addition, Bureau staff reviewed the websites of DISH and DIRECTV (to confirm which stations they carried in
which markets), television networks (to confirm network affiliation), and stations (to confirm multicast signals,
affiliations and call signs).
127 17 U.S.C. 119.
23

Federal Communications Commission

DA 11-1454

analysis, in this portion of the Report we assumed that each household within each DMA state segment is
equally able to receive all signals carried by DISH or DIRECTV.128
40. Section 304(2) directs us to analyze the extent to which consumers have access to in-state
broadcast programming from MVPDs. Specifically, segregated data regarding access to in-state
broadcast stations carried by cable systems in a DMA or DMA state segment beyond what is described in
the Nielsen data is not available to the Commission on a systematic basis. The Commission collects cable
system data in its Annual Report of Cable Television Systems (FCC Form 325). Cable systems subject to
the reporting requirement provide the Commission with a list of the broadcast stations carried by each
reporting system. However, the data cable companies provide to the Commission does not permit
analysis on a comparable geographic basis to data available for over-the-air broadcast stations, DBS
carriage of broadcast stations, or the Bureau of the Census household data. The geographic configuration
of a cable system is determined by its physical system, which consists of a cable system technically
integrated to a principal headend. Cable system data is provided for the entire system. It does not
correspond to census blocks, counties, DMAs, or other common geographic units and, therefore, cannot
be aggregated or disaggregated to provide estimates for those geographic units or households.129
Moreover, only a limited number of cable systems must file FCC Form 325. All cable systems with more
than 20,000 subscribers are subject to the reporting requirement as are a sample of cable systems with
fewer than 20,000 subscribers.130 Other than on a sample basis, cable systems with fewer than 20,000
subscribers, however, are not required to report information to the Commission. Many of the geographic
areas where orphan counties are located are not served by cable systems subject to the requirement.131
41. To supplement our analysis in response to Section 304(2) of STELA, we have undertaken a
number of case studies for the specific counties in which commenters have indicated a lack of in-state
broadcast programming. For each case, we examine the extent to which consumers have access to in-
state programming over the air, from cable operators, and from DBS operators on a county basis within
each relevant DMA, rather than on a state segment basis. For this analysis, we describe the availability of
in-state broadcast stations and the carriage of in-state stations by DBS operators and cable systems.
These case studies are contained in the attached Appendix F.
42. In the case studies, to determine the access to in-state broadcast stations over the air and from
DBS operators, we used the same methodology as we employed for Appendix C. For cable system
information, we identified the cable systems in the counties and communities under study using the


128 DIRECTV carries each local station throughout that portion of the local market covered by the spot beam on
which it is carried. In many cases, the spot beam covers the entire local market, but in some cases the spot beam
does not cover relatively small and less populated portions of a market. DIRECTV Comments at 9. In this Report,
we assume that every household in a state segment has access to the broadcast television stations carried by
DIRECTV and DISH. As such, our approach may overstate the extent of access to in-state broadcast programming
from DBS.
129 We also have no reliable method for converting the geographic area of a cable system to census blocks, counties,
or other common geographic units.
130 The Commission's reporting requirement collects additional information on a random sample of cable systems
with between 5,000 and 20,000 subscribers and a random sample of cable systems with fewer than 5,000
subscribers. Specifically for the filing year 2010, the FCC Form 325 collects data from all 613 cable systems with
more than 20,000 subscribers, 279 of the 499 cable systems with 5,000 to 20,000 subscribers, and 170 of the 4,427
cable systems with less than 5,000 subscribers.
131 For example, none of the six cable systems in La Plata County, Colorado are included in the 2010 FCC Form 325
sample. See Federal Communications Commission, Cable Operations and Licensing System (COALS) database,
located at http://fjallfoss.fcc.gov/coals7/ (list of all cable systems) and FCC List of PSIDs to File Year 2010 FCC
Form 325, located at http://transition.fcc.gov/mb/engineering/2010_PSIDs_fcc_form325.xls.
24

Federal Communications Commission

DA 11-1454

Commission's Cable Operations and Licensing System.132 To determine the carriage of in-state broadcast
stations, we used cable operators' 2010 FCC Form 325 submissions, to the extent they are available, and
publicly available information, including the Warren Television & Cable Factbook data and the websites
of individual cable systems.133 As the data presented in Appendix F demonstrate, in many cases where
cable systems exist in underserved areas, those systems offer subscribers some in-state stations even when
the subscribers are located in counties assigned to out-of-state DMAs. On the basis of the case studies, it
appears that DBS operators are less likely to include in-state stations in their channel line-ups even if in-
state stations, such as significantly viewed stations, may be included in their local-into-local service under
existing rules and law. However, a limitation of the available data is that, to the extent a cable system
exists in a particular county, we cannot determine how many households, if any, are actually passed by
the cable system. Thus, for certain households, DBS could be the only MVPD option.

C.

Additional Data From Commenters Regarding Section 304(1) and Section 304(2)
Analysis

43. NAB included a study responsive to Sections 304(1) and 304(2) in its comments in this
proceeding. While we do not rely on the NAB study for purposes of this Report, the NAB data appear to
be consistent with and confirm the overall analysis otherwise contained in this Report. Specifically,
NAB's comments include a study performed by BIA/Kelsey which provides data on a county and
television market basis describing the: (1) over-the-air reach of full-power broadcast stations on a county
and DMA level; (2) numbers of in-state and out-of-state full-power stations available to consumers via
over-the-air transmission on a county and DMA basis; (3) numbers of in-state and out-of-state stations
carried across all cable reporting units and television markets; (4) percentages of cable and satellite
subscribers who can receive at least one in-state television station; and (5) number of in-state and out-of-
state stations received by subscribers of DISH and DIRECTV.134 NAB's data, which is available in the
record of this proceeding, provide useful estimates of the availability of in-state and out-of-state broadcast
stations.135 As noted above, we are unable to compile separate data regarding access to in-state stations
from cable operators consistent with the geographic units for which we report over-the-air and DBS
access. The data on cable access provided by NAB also cannot be compared to the data for over-the-air
broadcast stations that we provide on a census block basis or the DBS data reported on a state segment
basis. It is based on cable systems' semi-annual Statements of Accounts filed with the Copyright
Office.136 Cable systems report to the Copyright Office on a reporting unit basis that identifies a principal


132 See n.131, supra.
133 Warren Communications News, Television & Cable Factbook Online, http://www.tvcablefactbook.com/.
134 NAB Comments at 15, citing NAB Comments at Attachment A, Analysis of In-State and Out-of-State Reach by
Local Television Stations, Dr. Mark R. Fratrik, BIA/Kelsey (Jan. 24, 2011). NAB supplemented this study in its
reply comments to demonstrate that over-the-air access to in-state broadcast television station signals is even higher
than previously noted in their comments when TV translators, Class A stations and low-power TV stations are
included. NAB Reply Comments at 2, citing NAB Reply Comments at Attachment A, Further Analysis of In-State
and Out-of-State Reach by Local Television Stations, Dr. Mark Fratrik, BIA/Kelsey (Feb. 22, 2011).
135 While we are not using the data submitted by NAB for our findings in this Report, we note that we used several
procedures similar to those used in NAB's separate data set, including the method of counting in-state stations and
weighting by census block populations. However, our analysis differs from NAB's in a few respects and, we
believe, more accurately reflects the questions contained in Section 304. Specifically, we used the recently available
2010 household information, as opposed to the 2000 population data used in the materials submitted by NAB. We
also used state segment data, rather than the county data submitted by NAB, because it allowed us to better identify
the geographic areas within DMAs that may lack access to in-state stations.
136 The data were for the first report period (January-July) of calendar year 2009. See NAB Comments, BIA/Kelsey
Study at 9-10.
25

Federal Communications Commission

DA 11-1454

city. NAB assigns stations based on the location of the principal city, although reporting units can cross
multiple counties, state boundaries, and television markets, and the actual location of the cable
subscribers cannot be ascertained. Recognizing the limits of our analysis, which does not provide
separate data for access to in-state broadcast stations from cable systems, we believe that using the
Nielsen data to estimate in-state broadcast station availability on a DMA state segment basis reveals
which geographic areas have little or no access to in-state broadcast programming in response to the
directive of Section 304(2).
44. In support of its contention that there is ample access across the country to in-state broadcast
outlets, NAB asserts that, on a weighted basis, consumers across all counties nationwide receive over the
air an average of 12.2 in-state full-power television stations and an average of 3.8 out-of-state full-power
stations.137 When multicast stations are considered, according to NAB, on average, consumers can
receive over the air a total of 18.8 "program streams" from commercial in-state full-power television
stations and 6.1 program streams from non-commercial in-state stations.138 In its reply comments, NAB
includes data regarding consumers' additional access to television translators, Class A stations and low-
power television stations to supplement previous BIA/Kelsey study and concludes that, when these
broadcast facilities are factored in, 99.24 percent of the total U.S. population has access to at least one in-
state television station over the air.139 Moreover, when local low-power television stations are considered,
consumers across all counties nationwide, on a weighted basis, receive over-the-air 17.6 in-state
television stations on average.140 The BIA/Kelsey study further estimates that 99.9 percent of cable
subscribers receive at least one in-state television station; 97.8 percent of DISH subscribers receive at
least one in-state television station; and 93.9 percent of DIRECTV subscribers receive at least one in-state
TV station.141

D.

Section 304(3) Report: Alternatives to DMAs for Defining Local Television Markets

45. Section 304(3) of STELA requires the Commission to analyze "whether there are alternatives
to the use of [DMAs] . . . to define local markets that would provide more consumers with in-state
broadcast programming."142 In the Public Notice, the Bureau sought comment on three possible
alternatives to the current use of DMAs: (1) define geographic viewing markets in terms of the 50 states
plus the District of Columbia; (2) divide states into multiple markets based on the stations covering
different portions of a particular state; or (3) modify DMAs so that they do not cross state lines by


137 NAB Comments at 2.
138 NAB calculates these data on a weighted basis. NAB Comments at 2; NAB Reply Comments at 1-2.
139 Id. at 1.
140 Id. at 4. Commenters state that many counties receive only in-state translator, satellite, religious, or other
independent stations that do not offer the in-state news, weather, emergency alerts, civic and cultural information, or
sports programming that is the focus of this proceeding. These commenters contend that NAB seeks to minimize
the problem of these counties by asserting that over-the-air reception by at least one in-state full power television
station reaches 3,067 counties (out of 3,141 total counties nationwide). These commenters also fault NAB for
failing to concede that not every broadcaster provides local programming, and that translator, national religious or
foreign language stations generally do not provide viewers with the relevant local news, weather, civic, or sports
coverage local consumers desire. See, e.g., DIRECTV Reply Comments at 2, 4.
141 NAB Comments at 3.
142 STELA 304(3). Title 17 of the U. S. Code, which delineates the scope of satellite copyright limitations on
exclusive rights and secondary transmissions of local television programming by satellite providers, indicates that
the term designated market area means "a designated market area, as determined by Nielsen Media Research and
published in the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United States Television
Household Estimates or any successor publication."
26

Federal Communications Commission

DA 11-1454

reassigning counties from one state currently included in the DMA of another state to a neighboring DMA
in their home state.143 We also sought comment on other alternatives to the current practices and
procedures that might address the problems faced by underserved areas.144
46. In this Report, we examine a range of issues impacting the classification of geographic
markets. As an initial matter, we discuss the advantages and disadvantages of retaining the existing DMA
system. Next, we examine the alternatives to DMAs set forth in the Public Notice that propose the use of
state boundaries to define local markets. While the record of this proceeding does not reflect any other
proposals for alternatives to DMAs for defining local markets, the record does contain suggestions that
could increase access to in-state broadcast stations. Accordingly, as a final matter, we explore these
additional recommendations.
47. Advantages and Disadvantages of the Existing DMA System. Many commenters in this
proceeding cite the positive attributes of the current DMA system. For example, some commenters point
out that, under the existing system, television markets are geographic areas in which there is a close and
natural nexus between television stations and their service areas; between population centers and their
housing, labor, and economic patterns; between advertisers and their potential customers; and between
consumers and their television viewing habits.145 Thus, according to these commenters, redefining
markets has the potential to disrupt television advertising markets, long-standing program exclusivity
arrangements, carriage obligations of cable and satellite carriers, and local television station ownership
structures, and to reduce the amount of locally relevant broadcast programming, including in-state
programming.146
48. Specifically, commercial broadcasters opine that access to in-state or locally-oriented
programming is not limited by consumers' access to the signals of television stations located in their
home states.147 Broadcasters contend that the Commission should take account of the availability of


143 Public Notice at 5. Under this approach, carriage of broadcast programming would apply to all in-state broadcast
television stations and potentially expand the number of stations in a market, making many more television stations
potentially eligible for mandatory carriage than are currently required to be carried. Id. The Bureau noted that this
approach could significantly expand access of households to all in-state broadcast television stations. Id.
144 Id. at 5.
145 NAB Comments at 5; Local Television Broadcasters at ii, and 1-2 (urging the Bureau to reject the "false
premise" that local service depends on state lines). Local Television Broadcasters includes Barrington Broadcasting
Group, LLC, Belo Corporation, Bonten Media Group, LLC, Gannett Company, Inc., Gray Television, Inc., Meredith
Corporation, Post-Newsweek Stations, Inc., and Raycom Media, Inc. These eight broadcast television station
groups collectively operate 160 full power television stations in 107 markets nationwide. Joint Affiliates note that
for purposes of the Census, the Office of Management and Budget appropriately recognizes that Metropolitan
Statistical Areas can and do cross state lines. Joint Affiliates Comments at 4. See also, generally, Letter from Wade
H. Hargrove, Counsel for the ABC Television Affiliates Association and Jonathan D. Blake, Counsel for the CBS
Television Network Affiliates Association and the NBC Television Affiliates, to Marlene H. Dortch, Secretary, FCC
(May 3, 2011) (Hargrove et al. May 3, 2011 Ex Parte).
146 NAB Comments at 5; LIN Television Corporation Comments at 1-2, 3; Washington Association of Broadcasters
Reply Comments at 6-8; Joint Television Network Affiliates Reply at 2 (Joint Affiliates Reply). Joint Affiliates
further assert that undermining the free-market DMA system would imperil local television stations' advertising
revenues which provide essential support for the production of local news, public affairs, weather and emergency
information. Id.
147 NAB Comments at 14-15. Washington State Association of Broadcasters agree, stating that simply because a
television station is located in the same state as a particular viewer does not mean that the station is best suited to
serve the needs and interests of that viewer, or that an in-state station is capable of delivering the programming most
relevant to that viewer. Washington State Association of Broadcasters Reply Comments at 3-4. Local Television
(continued....)
27

Federal Communications Commission

DA 11-1454

broadcast programming provided by out-of-state, but in-market stations.148 They point to the example of
out-of-state counties that they claim are best served by the content of stations in the DMA. For instance,
they assert the stations in the Washington, D.C. (Hagerstown) DMA, which is comprised mainly of
television stations that are licensed in Washington, D.C., routinely air programming that serves the needs
and interests of Virginia and Maryland residents.149 They also highlight Station WOWT in Omaha,
Nebraska, which they say provides local news, weather and public affairs programming in a market that
includes 14 Nebraska counties and nine Iowa counties.150 Broadcasters conclude that Station WOWT's
coverage is reflective of life in the greater market area, and stations in Des Moines, Iowa do not provide
comparable coverage of local political, community, and school events for those areas in Iowa included in
the Omaha DMA.151 These commenters maintain that modifying the current DMA regime would cause
consumers to lose access to out-of-state broadcast stations that are more responsive to the concerns of
their local community than the programming content carried on in-state stations.152
49. MVPD commenters recommend policies that balance the desire for more in-state local
programming with the reality that MVPDs have developed their businesses and delivery of video
(Continued from previous page)


Broadcasters assert that inasmuch as 98 of the nation's 210 DMAs cross state boundaries, the Media Bureau should
reject the false premise that local service depends on state lines. Local Television Broadcasters Comments at ii.
148 NAB Comments at 22; see also Washington State Broadcasters Association Reply Comments at 3 ("in-market
television stations are best able to serve the needs of the DMA, including any counties or communities that may fall
in an adjacent state").
149 NAB Comments at 20. As noted above, in this Report we used "state of license" as a proxy for measuring "in-
state programming" because there is no systematic means to assess the extent to which out-of-state, but in-market
stations provide programming that addresses cross-state-border issues although we are aware that some broadcast
stations located in one state may provide programming that addresses the concerns of consumers in a neighboring
state. In the Washington, D.C. (Hagerstown) DMA, approximately 40 percent, 45 percent, and 11 percent of the
DMA households are in the Maryland, Virginia, and District of Columbia state segments, respectively. However,
we note that about 4.25 percent of the DMA's households are within West Virginia, and 0.26 percent are in
Pennsylvania. See Appendix C. See also Hargrove et al. May 3, 2011 Ex Parte.
150 Local Television Broadcasters Comments at 6.
151 Id. at 6. The association offers several examples they believe demonstrate that the programming provided by
local stations is more relevant and responsive to viewers' needs than that provided by distant but in-state stations.
Some of the markets they discuss include Amarillo, Texas; Cincinnati, Ohio; Augusta, Georgia; and Memphis,
Tennessee. Local Television Broadcasters Comments at 4-7. NAB agrees with these observations about the local
relevance of in-market, but out-of-state broadcasters, noting that although these stations may be physically located in
another state, they provide significant local coverage and such coverage is more relevant and responsive than the
coverage provided by more distantly located stations in the same state. NAB Reply Comments at 6-7. See also
Hargrove et al. May 3, 2011 Ex Parte at 3-18 (examples of out-of-state stations that provide local coverage).
152 Joint Television Network Affiliates Reply Comments at 3, citing comments of National Cable and
Telecommunications Association at 5-6. For example, Station KGW, Portland, Oregon is located in the Portland
DMA which, in part, is comprised of five Washington counties which the Joint Television Network Affiliates claim
collectively represent 17.4 percent of the total television households in the DMA. Station KGW has expended
considerable news resources to cover emergency situations, including a major wildfire and related evacuations in the
Columbia River Gorge near Lyle, Washington in 2010. Because the fire occurred hundreds of miles from the
television stations in Seattle and Yakima, Washington, it would have been difficult for the Washington stations,
which are located out of the Portland DMA, to respond and cover the breaking news event as quickly as Station
KGW was able to do. See Local Television Broadcasters Comments at 8. We note that based on our internal
estimates of data from Nielsen, households in the five Washington Counties comprise 17.75 percent of the
households (not necessarily television households) within the Portland, OR DMA, as shown on Appendix C.
National Cable and Telecommunications Association (NCTA) Comments at 6.
28

Federal Communications Commission

DA 11-1454

programming on the existing DMA regime.153 Given those realities, they are concerned that replacing the
DMA system would change the locations in which each broadcast station could and in some cases must
be carried. Commenters express concern that wholesale changes to the current methodology for
determining how television broadcast channels are delivered to consumers would upset the legitimate
expectations of millions of viewers.154
50. Other commenters mentioned that Nielsen reevaluates its DMA assignments to accommodate
changes in viewing patterns over time. Specifically, Nielsen tests geographic areas for retention and tests
individual counties for DMA assignments and, subsequently, updates its DMA assignments annually.155
Thus, in light of Nielsen's assessments of changes in viewing patterns based on its audience surveys and
other data, several commenters contend that Nielsen DMAs represent the most accurate system for
determining the areas served by local stations.156
51. At the same time, some consumers express frustration with what they perceive as the
limitations of the current DMA system, including Nielsen's periodic evaluations of viewing preferences.
In particular, one commenter stated that areas which need better access to in-state broadcast service tend
to be smaller cities and towns, whereas DMAs incorporate large geographic areas because they are
comprised of numerous counties.157 Other commenters, such as David and Nancy Smith of La Plata
County, Colorado, fault Nielsen audience surveys that attempt to discern viewer preferences.158 They
state that, although Nielsen routinely reports that viewers in La Plata County watch New Mexico
broadcast stations, the term "preference" in Nielsen's audience survey is misleading, because it presumes
viewers have a choice, which they do not.159 Mary Gilliam suggests that rather than using Nielsen's
surveys to determine viewing preferences, the Commission should allow consumers residing in counties
assigned to an out-of-state DMA to inform their locally elected representatives about their preferences for
local broadcast stations.160
52. Using State Boundaries to Define Local Markets. We solicited comment on three alternative
proposals for using state boundaries to define local markets.161 No commenters provided feedback on any
specific advantages of realigning geographic areas along state boundaries.162 Nonetheless, several


153 DIRECTV Comments at 1.
154 DIRECTV Comments at 7.
155 LIN Television Corporation Comments at 3.
156 NAB Comments at 6; Washington State Association of Broadcasters Reply at 3, 5.
157 Comments of C.M. Vogelsong (Mar. 7, 2011) at 1. Vogelsong, who resides in Riggins, Idaho, suggests that the
Commission mandate that DBS services cover designated zip code areas without regard to DMA designations in
order to serve residents in these smaller towns. See also n.172, infra.
158 Comments of David and Nancy Smith (Jan. 23, 2011) at 1.
159 Comments of David and Nancy Smith (Jan. 23, 2011) at 1.
160 Comments of Mary Gilliam (Jan. 24, 2011) at 1-2.
161 See 45, supra.
162 Other commenters did generally address the concept of a state-based approach. For example, the League of
Women Voters in La Plata County, Colorado express support both for defining geographic areas by state boundaries
and for modifying DMAs so that they do not cross state lines. Letter from Stephanie Huss, President, League of
Women Voters of La Plata County, Durango, Colorado, to Marlene H. Dortch, Secretary, FCC (Jan. 20, 2011) at 1.
Huss states that her organization would support any alternative that allows La Plata citizens the right to choose their
DMA so they can watch programming on in-state issues and local weather. Id. The comments indicate that the
organization's mission to encourage local civic engagement is made more difficult because the county is assigned to
(continued....)
29

Federal Communications Commission

DA 11-1454

comments advocate use of a geographic market that reflects the importance of accessibility of in-state
broadcast stations. In support of those concerns, commenters maintain that local television markets
should be in-state and proximate to a local station's community, rather than far-flung areas hundreds of
miles across state lines.163
53. Commenters opposed to state-based alternatives indicate that such approaches would simply
"exchange one problem for another."164 Specifically, DBS commenters indicate that defining markets by
state boundaries may result in additional carriage obligations that may overburden satellite capacity.165
Other commenters contend that governmental efforts to impose a new market structure on the television
industry would result in a less efficient market and lead to a loss of in-state programming as well as a loss
of local broadcast television programming.166 They opine that government cannot increase the amount of
in-state programming available to viewers by attempting to re-structure the television business along state
lines because no other aspect of the television industry is organized that way. Changing established
market definitions would pull apart the existing market areas, disproportionately impacting viewers in
small, rural communities.167 Moreover, commenters contend that the public interest would not be served
by substituting state-based geographic areas for DMAs because DMAs are "intertwined" with the
Communications and Copyright Acts, making any such change highly disruptive.168 Commenters
generally demonstrate support for private market approaches that permit, rather than require, MVPDs to
(Continued from previous page)


the Albuquerque-Santa Fe DMA, and their broadcast stations only carry news on the New Mexico statehouse. Id. at
1; see also Comments of C.M. Vogelsong (Mar. 7, 2011); Board of County Commissioners of Garrett County,
Maryland, Reply Comments at 2 (referring to the use of DMAs as a "one size fits all" approach).
163 Letter from Benjamin L. Cardin, U.S. Senator (Maryland) and Barbara A. Mikulski, U.S. Senator (Maryland) to
Julius Genachowski, Chairman, FCC (Mar. 4, 2011); see also Letter from Jeff Hoesing, Superintendent, Mullen,
Nebraska Public Schools, to Marlene H. Dortch, Secretary, FCC (May 23, 2011) at 1.
164 DIRECTV Comments at 8. Commenters add that even if DMAs were changed to include in-state broadcast
stations, there are various other regulatory provisions, including non-duplication and other exclusivity rules that may
frustrate these attempts to design a geographic market based on state boundaries. For example, a cable operator
might be unable to obtain consent from an in-state broadcast station to retransmit its signal, and presuming it could
gain such consent, an out-of-state station located closer to the cable headend might exercise non-duplication rights
that would make importation of that in-state, but more distant, station signal impossible. NCTA Comments at 6.
Broadcasters agree stating that there is no public interest justification and no demonstrated need for a cable operator
or satellite carrier to import a distant station's duplicative national network programming when a local station
already broadcasts the very same programming. The network non-duplication rules require operators to black out
network programming that duplicates network programming already available from the local affiliate. Joint
Affiliates Reply Comments at 10.
165 DIRECTV Comments at 7-8.
166 LIN Television Corporation Comments at 3. See also Letter from Steven Lanzano, President and CEO of TVB
(formerly the Television Bureau of Advertising) to Julius Genachowski, Chairman, FCC (Feb. 22, 2011) (Lanzano
Feb. 22, 2011Ex Parte Letter). Lanzano states that if the Commission implements either of the state-based
proposals it would "throw the economic life of television advertising into disarray and harm local economies." Id.
at 2. Lanzano adds that under proposed state boundary alternatives advertising costs would "soar" and merchants
would have to buy ads in at least two different modified markets in order to reach the same households that
advertisers can reach today in a single market- and viewer-driven cross-border DMA. Id.
167 Local Television Broadcasters Comments at 1-2.
168 Washington State Association of Broadcasters indicate that redefining the local market to replace DMAs with
alternative geographic areas would be highly disruptive as it would affect viewers, the advertising market, the
number of stations carried by MVPDs in the redefined local markets and compliance with the Commission's
broadcast television ownership rules. Washington State Association of Broadcasters Reply Comments at 4.
30

Federal Communications Commission

DA 11-1454

carry additional in-state broadcast signals, and adopting flexible approaches to defining geographic
markets.169
54. Further, commenters are concerned that any state-based proposal that allows cable operators
and satellite carriers to import a distant affiliates' duplicative national network and syndicated
programming would undermine the service that local broadcasters provide to the public and undermine
their ability to make investments in programming.170 They note that local stations invest substantial
resources establishing weather and news bureaus that cover the out-of-state counties in their markets to
provide viewers with critical local television service, including emergency alerts and local political
information.171
55. Expanded Individual Market Definition Modifications. Several commenters urge the
Commission to use its existing market modification process as a means for increasing access to in-state
broadcast station signals in underserved areas and provide suggestions for ways to enhance that
process.172 Section 614(h)(1)(c) of the Communications Act provides that the Commission may add
communities to or subtract communities from a station's television market to better reflect marketplace
conditions for purposes of the cable carriage of local broadcast stations.173 In doing so, the
Communication Act directs the Commission to consider several enumerated factors: (1) whether the
station, or other stations located in the same area, have been historically carried on the cable system or
systems within such community; (2) whether the television station provides coverage or other local
service to such community; (3) whether any other television station that is eligible to be carried by a cable
system in such community in fulfillment of the requirements of this section provides news coverage of
issues of concern to such community or provides carriage or coverage of sporting and other events of
interest to the community; and (4) evidence of viewing patterns in cable and noncable households within
the areas served by the cable system or systems in such community.174 The Commission's rules, adopted
to implement Section 614 of the Act, incorporate the enumerated factors and permit television
broadcasters and cable operators to file petitions to modify their local markets on a case-by-case and
community basis to better serve local communities and reflect historical patterns of broadcast signal
carriage.175 Under the Copyright Act, when the Commission modifies a station's market for purposes of
cable carriage rights, the station is considered local and is covered by the compulsory license.176
56. Since the market modification process was initiated pursuant to the Act in 1993, the
Commission has granted a significant number of market modifications, successfully modifying the market


169 See, e.g., DIRECTV Comments at 8.
170 Local Television Broadcasters Comments at ii, 12. Local Television Broadcasters consists of Barrington
Broadcasting Group, LLC, Belo Corp., Bonten Media Group, LLC, Gannett Co., Inc., Gray Television, Inc.,
Meredith Corporation, Post-Newsweek Stations, Inc., and Raycom Media, Inc. Local Television Broadcasters
Comments at ii.
171 Id.
172 See, e.g., NCTA Comments at 3 (noting that, under the cable compulsory copyright license, the area in which a
television station is considered local includes any modifications made by the Commission). See 17 U.S.C. 111(f)
173 47 U.S.C. 534(h)(1)(c). This section was added to the Act by the 1992 Cable Act as part of the must-
carry/retransmission consent regime for carriage of local television stations.
174 47 U.S.C. 534(h)(1)ii (I)-(IV). Market modification may result in communities being considered part of more
than one television market. 47 C.F.R. 76.59.
175 See 47 C.F.R. 76.59; see also LIN Television Comments at 5, 6; NCTA Comments at 3; NAB Comments at 7-
8.
176 See 10, supra.
31

Federal Communications Commission

DA 11-1454

definition for cable operators and broadcasters in specific jurisdictions. Several commenters indicate that
the Commission's market modification proceedings reflect actual conditions in the marketplace, making
corrections to market definitions, as warranted, and should be used to increase access to in-state broadcast
stations.177 Further, broadcasters indicate that, when viewers alter their viewing preferences in a
"statistically significant" way, mechanisms are available to reflect those preferences in the Commission's
market modification processes as well as Nielsen's DMA designations.178
57. Commenters suggest that amendments to the Communications and Copyright Acts could
expand the reach of the market modification process to increase access to in-state broadcast stations in
additional underserved areas.179 Specifically, the provisions described above for market modifications
exist only for cable operators and broadcasters and no similar provision for market modification exists for
DBS operators.180 Creating regulatory parity by including DBS operators among the entities that can
apply for a modification would require Congress to adopt amendments to the Communications and
Copyright Acts. As noted above, pursuant to the Copyright Act, if the Commission modifies a station's
market, that station is considered to be a local station in the new market and is covered by the compulsory
license. As such, this process could potentially expand the number of local stations available to
consumers via their DBS operator.
58. Commenters also suggest that elected officials should play a role in market modifications to
increase access to in-state programming.181 As stated above, however, currently only broadcast stations
and cable operators can petition for market modification. Thus, these commenters suggest that the
Communications and Copyright Acts could be amended permit consumer concerns to be addressed more
directly by including governmental bodies, such as municipalities, to petition for market modifications on
behalf of their citizens. Moreover, under the current market modification process, only community-by-
community market modifications are permitted. A revised process might allow for consideration of
county-based modifications. Further amendments could facilitate increased market modification by, for
example, including separate criteria to promote the availability of in-state broadcast television stations
and programming that the Commission could consider in addition to the four factors enumerated above.
59. We recognize that should a statutory amendment allow municipalities and any other entities
to file, they might find the process of petitioning for market modifications to be burdensome given the
evidentiary and other requirements of the administrative process. We also recognize that DBS carriage of
certain stations within a geographic area may include technical challenges given its limitations as a
national service. Nonetheless, on a case-by-case basis, market modifications could potentially address
special situations in underserved areas and facilitate greater access to local information.182


177 NAB Comments at 7.
178 Id. at 7-8.
179 DISH Comments at 6-7. DISH also notes that satellite carriers are generally "well-positioned" to provide in-state
broadcast local stations because the satellite spot beam, loaded with in-state local broadcast stations, can also be
seen by residents of "orphan counties." It is only the restrictive DMA definition and the local-into-local statutory
license, according to DISH, that prohibits these consumers from accessing in-state broadcast station signals. DISH
Comments at 4-5. See also 17 U.S.C. 122(a)(1); 119(d)(11) (allowing the retransmission of local programming
"into the station's local market" and defining "local market" by reference to the Nielsen-designated DMA).
180 47 C.F.R. 76.59.
181 See, e.g., Comments of Mary Gilliam (Jan. 24, 2011) at 1-2 (suggesting that elected representatives could play a
larger role in advocating for modifications in market determinations).
182 LIN Television Comments at 6.
32

Federal Communications Commission

DA 11-1454

60. Expanded License for DBS Carriage of Out-of- Market, In-State Broadcast Stations. Satellite
carriers in this proceeding have advocated a flexible regulatory approach that would not further increase
their mandatory carriage obligations but permit carriage of additional, out-of-market but in-state
stations.183 Specifically, DBS commenters propose implementation of a statewide copyright license as a
further option for increasing the distribution of important local programming for underserved areas. They
maintain that an additional statewide copyright license would permit satellite carriers to retransmit in-
state local broadcast stations to residents of orphan counties without triggering carriage requirements
beyond the current DMA-based scope of Section 338 of the Communications Act.184 Proponents of this
approach contend that a statewide copyright license would constitute an incremental adjustment to the
DMA system and address consumer grievances without upsetting the established expectations of the
marketplace.185 They state that this approach is also regarded as consumer-friendly because in-state
broadcast stations would be available regardless of the MVPD service the consumer chooses.186
However, since the existing Copyright Act does not cover such a statewide copyright license, a change to
the statute would be needed to implement this proposal.
61. On the other hand, broadcast station commenters contend that such an approach could be
used to circumvent the Commission's retransmission policies and, thereby, retransmit duplicative national
programming from in-state stations to viewers that reside in another station's DMA.187 Broadcasters
assert that those outcomes would frustrate the Commission's non-duplication and exclusivity rules that
are necessary to foster competition.188 Further, broadcasters express concern that any solution that
permits, but does not require, carriage of additional in-state broadcast stations will not ultimately ensure
that DBS operators in fact carry such signals; thus, reducing the overall benefit to consumers.
62. Carriage of In-State News Programming. Broadcast commenters contend that MVPDs,
particularly DBS operators, should utilize existing law to carry non-duplicating local programming from
in-state stations to out-of-market, in-state viewers.189 Under this approach MVPDs would carry non-
duplicating local programming. According to broadcasters, MVPDs could carry such "news-only"
stations or signals on a low tier public access channel thereby avoiding the need to supplant an existing
channel.190 Commenters maintain that the advantage of this "news-only" station approach is that
broadcast stations would be amenable to granting MVPDs the right to retransmit the portion of their
broadcast signal that contains only the local programming. A further benefit of this approach, according


183 DIRECTV Comments at 6, 7 (use of a statewide license to bring in-state local broadcast stations to an "orphan
county" should be optional and should not expand mandatory carriage rights under the "carry one, carry all" rule).
184 DISH Comments at 2-3, 7 ("any new statewide license for orphan counties should not impose additional
obligations on MVPDs"). Id. at 6. Also, public broadcasters recommend that the Commission consider "adjuncts"
to DMAs in defining local markets in order to provide underserved viewers with in-state public television
programming. Oregon Public Broadcasting Comments at 3-4; APTS Reply Comments at 1.
185 DIRECTV Reply Comments at 5.
186 Id. at 4.
187 Joint Television Network Reply Comments at 9. Broadcasters assert that the loss by local stations of program
exclusivity for national programming will undermine the economics of local television service as well as the
expensive local program service that these stations provide to their communities. Id. at 7.
188 Id. at 9.
189 Id.
190 NAB Comments at 34-35. Only cable providers are required to establish channel capacity for public, educational
or governmental use. See 47 U.S.C. 531.
33

Federal Communications Commission

DA 11-1454

to proponents, is that such remedies may be reached without any change in communications law.191
Commenters contend that broadcast stations may be incentivized to reach such private copyright
arrangements and, indeed, many have struck such agreements with cable firms.192 Broadcasters assert
that MVPDs, including satellite carriers, may wish to examine these types of private carriage deals more
closely to determine whether they have the same ability to retransmit local programming from in-state,
out-of-market broadcast stations by obtaining a copyright license and retransmission consent from the
distant station.193
63. DBS operators express skepticism regarding broadcasters' proposal that they pursue carriage
of the local or news-only portion of the broadcast station signal as a way to increase locally-responsive
programming.194 First, DBS commenters assert that this approach would challenge their satellite capacity
and require that they set-aside a separate channel and make that channel available throughout the spot
beam serving the entire DMA in which the orphan county is located.195 Second, broadcasters may not
have the rights to license these feeds.196 Even if broadcasters have the rights to license the news-only
portion of their signals, DBS operators contend that this type of limited license would deprive consumers
of the emergency warnings that are often scrolled during the transmission of entertainment programming
thereby undercutting one of the prime motivations for providing consumers in-state local broadcast
stations or broadcast programming that is contained outside of the nightly news.197 Commenters assert
that a further disadvantage of this "news-only" approach is that most content carried by local broadcast
stations is either national or syndicated programming.198 Thus, a new, dedicated "news-only" channel to
provide local programming would be "dark" 80 to 90 percent of the day.199 Commenters contend that


191 NAB Comments at 32.
192 Id. at 32-33 ("Comcast, Time Warner Cable and Charter Cable . . . import local news and weather programming
so that viewers can have access to in-state, out-of-market television signals").
193 Id. at 34.
194 DISH Reply Comments at 7-8 ("[a]ny solution proposed by the Commission in its report to Congress should be
consumer-friendly and not cause greater consumer frustration than the current state of affairs."); DIRECTV Reply
Comments at 5 ("This is no real solution, and the Broadcasters know it; the "news only" channel proposed by
Broadcasters would likely not allow orphan county residents to view weather alerts shown during a football game.").
195 DIRECTV Comments at 5; DISH Reply Comments at 6-7.
196 We note that DIRECTV offers certain news programming from Little Rock in several Arkansas counties under a
private copyright agreement brokered during congressional consideration of STELA. In each of these counties,
DIRECTV offers a unique channel, referred to as ARKNEWS (Arkansas News Channel) that airs local news
programming from KATV, Little Rock. DIRECTV Comments at 2 n.3. We are unaware of any other similar types
of private agreements involving satellite operators.
197 Id. at 5. DISH contends that DBS systems do not have the means to track and react real-time to broadcaster
schedule changes such as an NFL football game running late and cutting into the local news time slot. DISH Reply
Comments 7-8. However, cable operators may have fewer difficulties carrying the local or news-only portions of
in-state broadcast stations and could use their public access or local origination channels for such programming. We
recognize that a number of cable operators currently offer in-state, local programming. Local Television
Broadcasters Comments at 11-12 n.3; Joint Network Affiliates Reply Comments at 7-8. See also Case Studies at
Appendix F to this Report.
198 DISH Reply at 6-7. DISH further notes that satellite carriers do not have the capability to substitute
programming in place of the blacked-out programming. Id.
199 Id. at 6-7; DIRECTV Reply Comments at 6 (noting that DIRECTV's subscribers want full-time channels).
34

Federal Communications Commission

DA 11-1454

consumers would find such blacked-out programming frustrating to watch and, moreover, it is impractical
for a national DBS operator to block programming on a station-by-station basis.200
64. Modified "Significantly Viewed" Process. Several commenters suggest that the Commission
modify the significantly viewed process to increase access to in-state broadcast stations.201 In 1972, the
Commision adopted the concept of significantly viewed signals to differentiate between out-of-market
television stations "that have sufficient audience to be considered local and those that do not."202 The
Commission concluded at that time that it would not be reasonable if choices on cable were more limited
than choices over the air, and gave cable carriage rights to stations in communities where the station had
significant over-the-air non-cable viewing. The designation of a station as significantly viewed allows a
station assigned to one market to be treated as a "local" station with respect to a particular cable
community in another market. Stations that the Commission determines to be significantly viewed also
are considered local for copyright purposes.203
65. SHVERA extended the significantly viewed process to satellite carriers, pursuant to the rules
that were in effect on April 15, 1976.204 Thus, any changes to the Commission's existing rules for
determining significantly viewed status would be inconsistent with the statute's requirement that we use
the same rules for making significantly viewed determinations for DBS as were in effect for cable
operators on that date. Accordingly, as the Commission observed in the STELA Significantly Viewed
Report and Order
, a statutory change would be necessary to modify the existing significantly viewed
process to implement these proposals.205 We note that any changes in the significantly viewed rules
would not be covered by Section 122 of the significantly viewed copyright license; thus, rendering such
waiver or rule changes unusable by DBS unless they can privatize negotiated copyright permission.
66. DBS commenters recommend that the Commission use its waiver authority to designate all
in-state local broadcast stations as significantly viewed in orphan counties based on all television
households, not just those households receiving the relevant signal over the air.206 These commenters
propose that the Commission shift the evidentiary burden to create a presumption that in-state stations are
significantly viewed in orphan counties pursuant to the Commission's rules.207 They further contend that


200 Id. at 6-7. DIRECTV further contends that satellite carriers do not have the capability to substitute programming
in place of the blacked out programming. Id.
201 A determination that a station is significantly viewed is based on the Commission's grant of a petition that
includes a statistical showing that the audience of the station in the relevant communities satisfies the criteria set
forth in Sections 76.5(i) and 76.54 of the rules. See 47 C.F.R 76.5(i), 76.54.
202 Cable Television Report and Order, 36 FCC 2d 143, 174 83 (1972).
203 See 15, supra.
204 17 U.S.C. 122. See Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004,
Implementation of the Communications Act
, MB Docket No. 05-49, 20 FCC Rcd 2983, 2985-86, 2-3 (2005).
205 STELA Significantly Viewed Report and Order, 25 FCC Rcd at 16410, 48 (declining to consider a DISH
proposal to modify the significantly viewed rules to address the orphan county issue in that proceeding).
206 DISH Comments at 2-3. We observe that DIRECTV currently carries very few significantly viewed stations as
part of its local-into-local service, and that DISH does not carry any significantly viewed stations at this time. See
DIRECTV Comments at Appendix A.
207 DISH Comments at 2. Section 203 of STELA amends Section 340 of the Communications Act that gives
satellite carriers the authority, as previously discussed, to offer out-of-market but significantly viewed commercial
broadcast television stations as part of their local service to subscribers. 47 U.S.C. 340.
35

Federal Communications Commission

DA 11-1454

the Commission could act "well within" existing statutory boundaries to help MVPD subscribers to
access in-state local broadcast stations.208
67. In contrast, broadcast commenters point out that DBS's recommendation is contrary to the
governing statutory provisions because SHVERA requires the Commission to apply the 1976
significantly viewed rules to DBS.209 Thus, without a statutory amendment, the Commission could not
implement the changes sought by DBS. Further, broadcasters contend that adoption of DBS's
recommendation would be inconsistent with the original purpose of the Commission's rules. Specifically,
they state that a fundamental principle of the significantly viewed rules as originally adopted is that it is
unreasonable to deny a cable subscriber access to a broadcast station that a non-cable neighbor in the
same location can view over the air. Accordingly, the rules were never intended to apply to far-flung
locations that are simply within the same state.210 Moreover, commenters maintain that the question of a
specific station's over-the-air viewership level is a factual question that cannot be presumed.211
Opponents also assert that implementing such a presumption could be an administratively burdensome
process. Stations would be required to file petitions to oppose a significantly viewed presumption, thus,
diverting much needed financial resources away from the provision of local programming.212 Finally,
broadcasters contend that DBS operators seek through this proposal to greatly expand the importation of
out-of-market broadcast signals that contain duplicative national and syndicated programming,213
including entertainment and sports programming by attempting to modify what it means to be
significantly viewed.214


208 DISH Comments at 2-3, 7.
209 Joint Television Affiliates Reply at 12.
210 NAB 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.
211 Joint Television Affiliates Reply at 12.
212 NAB Reply Commenters at 14.
213 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).
214 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 Mexico DMA, the cable unit imports local
in-state news from Denver broadcast stations. NAB Comments at 33-34; NAB Reply Comments at 18-19.
Commenters stress that this example illustrates that MVPDs can import out-of-market, in-state news and public
affairs programming absent drastic remedies, including modifying the rules for "significantly viewed" and other
administratively cumbersome alternatives. Id.
36

Federal Communications Commission

DA 11-1454

IV.

CONCLUSION

68. With this Report, the Commission satisfies the obligation pursuant to Section 304 of STELA
to submit a report to Congress examining the issues that affect consumers' access to in-state broadcast
stations.
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
37

Federal Communications Commission

DA 11-1454

APPENDIX A

Over-the-Air Reception of Out-of-State Broadcast Stations

% of State's

Number of

Number of

HHs That Can

State's HHs

% of State's

State's HHs That

Receive At

That Receive

HHs That

Total

Can Receive at

Least One Out-

Only Out-of-

Receive Only

Number of

Least One Out-

of-State

State

Out-of-State

HHs in

of-State

Broadcast

Broadcast

Broadcast

State

State

Broadcast Station

Station

Stations

Stations

AK
258,058
0
0.00%
0
0.00%
AL
1,883,791
882,316
46.80%
2,118
0.10%
AR
1,147,084
511,232
44.60%
9,795
0.90%
AZ
2,380,990
132,654
5.60%
3,940
0.20%
CA
12,577,498
131,153
1.00%
8,197
0.10%
CO
1,972,868
1,322,367
67.00%
3,965
0.20%
CT
1,371,087
1,338,897
97.70%
1,702
0.10%
DC
266,707
266,707
100.00%
0
0.00%
DE
342,297
342,297
100.00%
8
0.00%
FL
7,420,802
1,144,952
15.40%
0
0.00%
GA
3,585,584
2,145,490
59.80%
2,066
0.10%
HI
455,338
0
0.00%
0
0.00%
IA
1,221,576
759,933
62.20%
263
0.00%
ID
579,408
143,800
24.80%
3,250
0.60%
IL
4,836,972
4,458,123
92.20%
352
0.00%
IN
2,502,154
1,570,690
62.80%
1,115
0.00%
KS
1,112,096
575,712
51.80%
13,188
1.20%
KY
1,719,965
1,495,832
87.00%
8,973
0.50%
LA
1,728,360
1,059,255
61.30%
271
0.00%
MA
2,547,075
2,532,875
99.40%
184
0.00%
MD
2,156,411
2,154,739
99.90%
1,962
0.10%
ME
557,219
165,580
29.70%
442
0.10%
MI
3,872,508
2,004,167
51.80%
1,189
0.00%
MN
2,087,227
1,192,823
57.10%
41,419
2.00%
MO
2,375,611
2,028,579
85.40%
7,533
0.30%
MS
1,115,768
626,318
56.10%
0
0.00%
MT
409,607
15,645
3.80%
3,889
0.90%
NC
3,745,155
2,586,194
69.10%
0
0.00%
ND
281,192
47,763
17.00%
307
0.10%
NE
721,130
438,420
60.80%
510
0.10%
NH
518,973
500,394
96.40%
18,341
3.50%
NJ
3,214,360
3,214,301
100.00%
895
0.00%
NM
791,395
170,918
21.60%
741
0.10%
NV
1,006,250
237,918
23.60%
1,865
0.20%
38

Federal Communications Commission

DA 11-1454

% of State's

Number of

Number of

HHs That Can

State's HHs

% of State's

State's HHs That

Receive At

That Receive

HHs That

Total

Can Receive at

Least One Out-

Only Out-of-

Receive Only

Number of

Least One Out-

of-State

State

Out-of-State

HHs in

of-State

Broadcast

Broadcast

Broadcast

State

State

Broadcast Station

Station

Stations

Stations

NY
7,317,755
5,432,011
74.20%
2,703
0.00%
OH
4,603,435
2,375,654
51.60%
5,812
0.10%
OK
1,460,450
454,607
31.10%
4,431
0.30%
OR
1,518,938
960,342
63.20%
2,674
0.20%
PA
5,018,904
3,806,975
75.90%
22,454
0.40%
RI
413,600
413,600
100.00%
0
0.00%
SC
1,801,181
1,449,860
80.50%
1,195
0.10%
SD
322,282
164,154
50.90%
334
0.10%
TN
2,493,552
1,744,506
70.00%
15,564
0.60%
TX
8,922,933
1,071,883
12.00%
4,275
0.00%
UT
877,692
46,884
5.30%
394
0.00%
VA
3,056,058
2,180,793
71.40%
6,881
0.20%
VT
256,442
229,786
89.60%
5,408
2.10%
WA
2,620,076
550,429
21.00%
15,212
0.60%
WI
2,279,768
938,471
41.20%
1,734
0.10%
WV
763,831
592,558
77.60%
6,555
0.90%
WY
226,879
65,065
28.70%
7,952
3.50%
39

Federal Communications Commission

DA 11-1454

APPENDIX B

Out-of-State Broadcast Stations Receivable Over the Air

See Appendix B Excel chart attached to this document
40

Federal Communications Commission

DA 11-1454

APPENDIX C

Access to In-State Broadcast Stations

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment Segment

Nielsen

Only

Stations

Network

DIRECTV

ABILENE-SWEETWATER
165
TX
116,200
100.00%
15
4.13
6.63
7
6
ALBANY, GA
147
GA
158,500
100.00%
14
8.72
9.18
4
5
ALBANY-SCHENECTADY-TROY
58
MA
55,800
9.92%
3
2.51
4.13
1
1
NY
491,500
87.39%
13
7.65
10.45
6
6
VT
15,100
2.68%
0
0.29
0.94
0
0
ALBUQUERQUE-SANTA FE
46
AZ
17,000
2.35%
0
0.11
0.46
0
0
CO
32,000
4.43%
3
1.87
13.06
0
0
NM
673,800
93.22%
31
9.06
15.52
12
13
ALEXANDRIA, LA
178
LA
91,600
100.00%
15
12.38
13.54
5
0
ALPENA
208
MI
17,200
100.00%
14
2.57
3.52
3
0
AMARILLO
131
NM
29,100
14.79%
4
2.28
8.78
0
0
OK
10,400
5.29%
0
0
2.22
0
0
TX
157,200
79.92%
13
5.38
11.98
7
7
ANCHORAGE
150
AK
159,700
100.00%
10
5.01
8.7
9
7
ATLANTA
8
AL
15,000
0.62%
0
3.17
3.54
0
0
GA
2,410,300
99.18%
15
13.85
21.04
12
13
NC
4,900
0.20%
0
0.04
5.32
0
0
41

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

AUGUSTA-AIKEN
114
GA
164,400
63.40%
10
5.6
8.07
5
5
SC
94,900
36.60%
2
6.25
6.25
1
1
AUSTIN
44
TX
717,000
100.00%
23
14.8
19.96
8
9
BAKERSFIELD
125
CA
228,800
100.00%
25
7.61
19.65
7
5
BALTIMORE
26
MD
1,116,800
100.00%
11
9.44
9.7
7
7
BANGOR
154
ME
145,600
100.00%
14
4.24
5.61
6
6
BATON ROUGE
94
LA
328,400
97.36%
18
13.89
18.73
6
6
MS
8,900
2.64%
0
3.92
3.98
0
0
BEAUMONT-PORT ARTHUR
141
TX
171,900
100.00%
11
6.91
12.26
4
5
BEND, OR
189
OR
68,300
100.00%
12
3
13.56
6
0
BILLINGS
170
MT
94,500
85.29%
10
3.15
7.48
5
0
WY
16,300
12.75%
1
0.15
5.02
0
0
BILOXI-GULFPORT
163
MS
127,800
100.00%
5
3.58
4.34
3
3
BINGHAMTON
158
NY
138,000
100.00%
17
5.46
6.33
5
7
BIRMINGHAM (ANN AND TUSC)
40
AL
752,900
100.00%
20
13.02
15.63
8
8
BLUEFIELD-BECKLEY-OAK
HILL
155
VA
19,200
13.26%
3
2.72
4.36
0
0
WV
125,600
49.01%
12
4.52
4.81
5
6
BOISE
113
ID
256,300
96.28%
14
6.75
15.87
7
8
OR
9,900
0.49%
1
0
0.89
0
0
BOSTON (MANCHESTER)
7
MA
2,032,600
81.88%
19
15.52
17.21
11
12
NH
431,200
17.37%
7
4.5
4.69
4
3
VT
18,700
0.75%
1
1.96
1.96
0
0
42

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment Segment

Nielsen

Only

Stations

Network

DIRECTV

BOWLING GREEN
181
KY
82,500
100.00%
13
4.97
7.41
5
0
BUFFALO
51
NY
616,300
96.33%
11
9.67
10.75
8
8
PA
23,500
3.67%
0
0.6
0.6
0
0
BURLINGTON-PLATTSBURGH
95
NH
52,500
15.60%
3
0.92
1.65
0
1
NY
64,500
19.17%
8
1.87
2.06
2
2
VT
219,500
65.23%
13
3.79
5.18
5
5
BUTTE-BOZEMAN
191
MT
67,800
100.00%
11
3.99
7.67
6
4
CASPER-RIVERTON
195
WY
57,600
100.00%
18
3.68
7.1
5
0
CEDAR RAPIDS-WTRLO-
IWC&DUB
88
IA
348,600
100.00%
13
10.97
11.52
6
6
CHAMPAIGN&SPRNGFLD-
DECATUR
84
IL
384,700
99.15%
14
10.37
11.98
9
9
IN
3,300
0.85%
1
7.68
7.72
0
0
CHARLESTON, SC
98
SC
315,500
100.00%
9
9.5
13.35
7
6
CHARLESTON-HUNTINGTON
64
KY
123,000
24.10%
4
3.31
3.37
0
1
OH
119,800
23.47%
4
3.53
3.79
3
2
WV
267,600
52.43%
9
5.79
6.73
5
5
CHARLOTTE
23
NC
1,023,000
87.11%
13
15.94
17.92
9
9
SC
151,400
12.89%
5
12.61
12.61
3
3
CHARLOTTESVILLE
183
VA
78,700
100.00%
13
6.94
10.02
6
0
CHATTANOOGA
86
GA
115,100
30.28%
5
4.25
5.11
0
1
NC
11,800
3.10%
0
0
5.18
0
0
TN
253,200
66.61%
7
8.29
10.92
6
6
43

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

CHEYENNE-SCOTTSBLUFF
197
NE
15,200
27.29%
3
3
3.91
2
0
WY
40,500
72.71%
9
3.54
8.72
4
0
CHICAGO
3
IL
3,219,000
91.14%
23
12.95
17.97
13
13
IN
313,000
8.86%
3
7.49
9.44
3
4
CHICO-REDDING
130
CA
202,500
100.00%
19
6.39
16.34
7
6
CINCINNATI
33
IN
46,900
5.04%
0
5.01
5.01
0
0
KY
182,400
19.62%
3
5.1
5.13
2
2
OH
700,400
75.34%
14
12.34
16.54
6
7
CLARKSBURG-WESTON
168
WV
111,700
100.00%
8
3.92
5.78
5
6
CLEVELAND-AKRON (CANTON)
18
OH
1,538,000
100.00%
17
15.28
17.34
11
11
COLORADO SPRINGS-PUEBLO
92
CO
340,300
100.00%
17
7.06
14.29
7
8
COLUMBIA, SC
78
SC
409,000
100.00%
10
11.54
12.81
7
7
COLUMBIA-JEFFERSON CITY
137
MO
180,300
100.00%
15
5.72
6.77
8
8
COLUMBUS, GA (OPELIKA, AL)
127
AL
104,000
47.00%
1
7.34
7.86
0
0
GA
117,300
53.00%
9
7.1
8.53
5
6
COLUMBUS, OH
34
OH
921,400
100.00%
10
10.47
14.32
7
7
COLUMBUS-TUPELO-W PNT-
HSTN
133
AL
5,900
3.06%
2
3.8
4.99
0
0
MS
186,700
96.94%
9
7.03
7.6
5
5
CORPUS CHRISTI
129
TX
201,800
100.00%
16
7.01
13.7
9
10
DALLAS-FT. WORTH
5
TX
2,616,600
100.00%
18
18.24
26.06
17
16
44

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

DAVENPORT-R.ISLAND-
MOLINE
99
IA
141,100
45.31%
7
7.74
8.51
4
4
IL
170,300
54.69%
6
6.73
7.38
3
4
DAYTON
62
IN
27,200
5.13%
3
7.46
7.46
0
0
OH
502,600
94.87%
17
14.69
16.27
6
6
DENVER
17
CO
1,526,500
95.53%
25
16.83
24.29
15
14
NE
24,000
1.50%
2
2.14
2.49
0
0
WY
47,500
2.97%
3
0.83
4.67
0
0
DES MOINES-AMES
73
IA
435,200
100.00%
10
9.76
12.16
8
6
DETROIT
11
MI
1,893,600
100.00%
12
12.77
15.79
8
8
DOTHAN
169
AL
99,000
89.27%
8
7.51
9.12
3
5
FL
7,400
6.67%
2
5.85
5.87
1
0
GA
4,500
4.06%
2
6.65
6.65
0
0
DULUTH-SUPERIOR
139
MI
6,600
3.74%
0
0.39
1.2
0
0
MN
127,400
72.18%
13
4.98
6.15
6
5
WI
42,500
24.08%
3
1.43
1.83
1
1
EL PASO (LAS CRUCES)
97
NM
73,400
23.07%
4
1.85
4.06
2
2
TX
244,700
76.93%
13
7.95
9.68
9
9
ELMIRA (CORNING)
174
NY
81,300
83.30%
22
5.31
7.39
5
0
PA
16,300
16.70%
0
0.3
1.61
0
0
ERIE
144
PA
159,200
100.00%
6
4.5
6.48
6
6
EUGENE
118
OR
249,900
100.00%
25
5.9
14.49
8
7
EUREKA
194
CA
64,400
100.00%
15
4.17
8.9
6
0
45

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

EVANSVILLE
103
IL
20,800
7.07%
1
2.98
2.98
0
0
IN
155,100
52.72%
8
6.22
9.4
6
5
KY
118,300
40.21%
3
3.79
3.85
2
2
FAIRBANKS
202
AK
38,100
100.00%
8
4.32
22.14
8
8
FARGO-VALLEY CITY
120
MN
101,100
41.43%
3
1.29
1.79
0
0
ND
142,900
58.57%
13
4.87
5.5
6
7
FLINT-SAGINAW-BAY CITY
69
MI
458,000
100.00%
20
16.22
16.53
8
8
FRESNO-VISALIA
55
CA
588,600
100.00%
23
13.89
20.86
13
11
FT. MYERS-NAPLES
65
FL
503,700
100.00%
16
10.09
13.26
10
8
FT. SMITH-FAY-SPRNGDL-
RGRS
100
AR
272,600
88.62%
16
6.26
8.7
8
7
OK
35,000
11.38%
5
2.77
3.36
0
0
FT. WAYNE
107
IN
259,600
93.18%
15
9.74
11.73
6
6
OH
19,000
6.82%
0
3.84
5.12
0
0
GAINESVILLE
160
FL
133,200
100.00%
13
7.22
12.14
5
5
GLENDIVE
210
MT
4,100
100.00%
8
1.02
1.67
2
0
GRAND JUNCTION-MONTROSE
184
CO
77,300
100.00%
19
5.01
13.33
6
0
GRAND RAPIDS-KALMZOO-
B.CRK
41
MI
745,700
100.00%
16
12.43
15.08
9
8
GREAT FALLS
190
MT
67,000
100.00%
9
2.56
4.03
5
0
GREEN BAY-APPLETON
71
MI
10,300
2.30%
2
2.18
2.79
0
7
WI
436,700
97.70%
11
10.57
11.2
7
0
46

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

GREENSBORO-H.POINT-
W.SALEM
47
NC
695,400
98.82%
12
17.14
17.8
9
9
VA
8,300
1.18%
0
5.28
5.29
0
0
GREENVILLE-N.BERN-
WASHNGTN
101
NC
297,000
100.00%
20
15.59
16.05
7
7
GREENVLL-SPART-ASHEVLL-
AND
36
GA
36,800
4.15%
2
3.13
4.41
1
0
NC
300,000
33.80%
6
3.41
10.55
4
4
SC
550,700
62.05%
9
9.17
10.44
6
5
GREENWOOD-GREENVILLE
187
MS
70,500
100.00%
8
5.92
7.49
4
0
HARLINGEN-WSLCO-BRNSVL-
MCA
87
TX
361,500
100.00%
13
6.92
8.72
8
8
HARRISBURG-LNCSTR-LEB-
YORK
39
PA
761,000
100.00%
15
8.74
9.61
7
6
HARRISONBURG
177
VA
93,700
96.80%
12
3.29
6.65
0
4
WV
3,100
3.20%
0
0.05
0.13
0
0
HARTFORD & NEW HAVEN
30
CT
1,027,800
100.00%
14
10.72
12.21
8
8
HATTIESBURG-LAUREL
167
MS
113,400
100.00%
11
9.11
10
4
0
HELENA
206
MT
28,500
100.00%
8
2.79
7.29
5
0
HONOLULU
72
HI
445,100
100.00%
34
10.08
12.26
11
10
HOUSTON
10
TX
2,200,500
100.00%
23
17.89
25.33
18
14
HUNTSVILLE-DECATUR (FLOR)
79
AL
388,400
96.57%
10
8.95
10.47
5
7
TN
13,800
3.43%
0
2.91
2.91
0
0
47

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

IDAHO FALS-
POCATLLO(JCKSN)
162
ID
121,600
93.04%
9
4.33
7.35
5
6
WY
9,100
6.96%
1
0.98
6.92
0
0
INDIANAPOLIS
27
IN
1,115,200
100.00%
23
14.43
17.13
11
8
JACKSON, MS
90
MS
342,200
100.00%
13
9.4
11.18
7
7
JACKSON, TN
182
TN
78,500
100.00%
13
6.9
7.86
3
0
JACKSONVILLE
49
FL
604,000
88.16%
11
10.62
15.77
9
7
GA
81,100
11.84%
3
4.86
5.36
1
0
JOHNSTOWN-ALTOONA-ST
COLGE
102
PA
296,800
100.00%
13
4.31
5.99
6
7
JONESBORO
180
AR
83,800
100.00%
6
3.09
3.69
3
0
JOPLIN-PITTSBURG
148
KS
55,500
35.17%
2
1.76
2.37
2
0
MO
90,200
57.16%
8
5.39
8.86
3
3
OK
12,100
7.67%
2
5.48
6.1
0
0
JUNEAU
207
AK
27,100
100.00%
18
0.97
2.04
6
8
KANSAS CITY
31
KS
382,800
39.00%
3
4.03
4.15
1
1
MO
598,800
61.00%
11
9.64
11.61
7
8
KNOXVILLE
59
KY
32,400
5.76%
1
2.17
2.17
1
1
TN
530,200
94.24%
12
11.53
14.62
9
7
LA CROSSE-EAU CLAIRE
128
MN
26,500
12.15%
7
1.4
1.87
0
0
WI
191,600
87.85%
14
5.74
6.35
6
5
LAFAYETTE, IN
188
IN
68,600
100.00%
11
8.51
9.45
4
5
LAFAYETTE, LA
123
LA
233,400
100.00%
14
13.01
16.49
6
6
48

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

LAKE CHARLES
175
LA
97,400
100.00%
7
8.94
12.21
2
0
LANSING
115
MI
255,100
100.00%
19
18.85
19.55
6
6
LAREDO
186
TX
71,000
100.00%
12
3.08
5.93
7
5
LAS VEGAS
42
NV
725,400
100.00%
16
9.41
25.7
11
13
LEXINGTON
63
KY
521,500
100.00%
18
9.66
9.7
6
7
LIMA
201
OH
40,300
100.00%
15
5.99
10.24
6
0
LINCOLN & HASTINGS-KRNY
106
KS
7,300
2.59%
0
0.86
0.86
0
0
NE
274,200
97.41%
31
7.3
9.57
6
8
LITTLE ROCK-PINE BLUFF
56
AR
579,400
100.00%
16
9.02
11.22
9
8
LOS ANGELES
2
CA
5,740,200
99.99%
33
22.73
29.38
26
26
NV
300
0.01%
0
0
0.08
0
0
LOUISVILLE
50
IN
163,900
24.12%
2
3.68
4.99
1
1
KY
515,700
75.88%
11
9.94
12.19
8
9
LUBBOCK
142
TX
162,900
100.00%
11
6.89
15.97
9
5
MACON
121
GA
243,300
100.00%
16
10.24
11.75
7
5
MADISON
85
WI
386,100
100.00%
7
9.17
10.24
6
7
MANKATO
198
MN
53,000
100.00%
13
4.13
9.4
4
4
MARQUETTE
179
MI
86,800
97.53%
14
3.42
4.12
6
8
WI
2,200
2.47%
4
1.87
2.87
0
0
MEDFORD-KLAMATH FALLS
140
CA
19,600
11.10%
7
0.44
5.18
0
0
OR
157,000
88.90%
15
4.26
15.11
7
7
49

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

MEMPHIS
48
AR
74,900
10.69%
1
3.11
3.11
0
0
MS
159,600
22.77%
3
4.14
4.36
1
1
TN
466,300
66.54%
10
9.17
15.31
8
8
MERIDIAN
185
AL
11,000
15.05%
3
2.3
2.3
0
0
MS
62,100
84.95%
13
7.24
7.35
6
0
MIAMI-FT. LAUDERDALE
16
FL
1,600,600
100.00%
24
21.58
35.86
17
16
MILWAUKEE
35
WI
905,000
100.00%
19
14.95
18.51
12
12
MINNEAPOLIS-ST. PAUL
15
MN
1,652,200
93.48%
23
9.4
13.81
10
12
WI
115,300
6.52%
1
2.75
3.2
0
0
MINOT-BSMRCK-
DCKNS(WLSTON)
157
MT
11,200
8.02%
0
0.29
0.84
0
0
ND
127,300
91.12%
21
4.25
5.58
5
4
SD
1,200
0.86%
1
1.04
1.04
0
0
MISSOULA
166
MT
116,600
100.00%
13
3.05
6.43
6
6
MOBILE-PENSACOLA (FT
WALT)
60
AL
281,800
51.77%
10
7.18
7.95
5
5
FL
249,900
45.91%
7
8.7
10.9
5
4
MS
12,600
2.31%
2
5.34
5.34
0
0
MONROE-EL DORADO
138
AR
25,800
14.35%
4
4.15
4.47
2
3
LA
154,000
85.65%
11
6.86
7.24
5
3
MONTEREY-SALINAS
124
CA
236,100
100.00%
22
6.2
14.29
6
6
MONTGOMERY-SELMA
117
AL
246,900
100.00%
18
12.17
13.2
8
7
MYRTLE BEACH-FLORENCE
104
NC
59,500
20.38%
10
14.35
15.98
2
2
SC
232,500
79.62%
16
13.21
14.26
6
6
50

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

NASHVILLE
29
KY
75,600
7.21%
0
3.25
3.94
0
0
TN
973,400
92.79%
12
10.28
12.87
10
8
NEW ORLEANS
52
LA
602,100
93.84%
15
14.66
16.73
11
10
MS
39,500
6.16%
0
4.07
4.07
0
0
NEW YORK
1
CT
331,800
4.35%
2
9.14
9.63
1
2
NJ
2,375,300
31.14%
14
10.69
11.99
8
9
NY
4,898,000
64.21%
15
10.98
19.15
9
10
PA
23,400
0.31%
0
5.12
5.74
0
0
NORFOLK-PORTSMTH-NEWPT
NWS
43
NC
69,200
9.59%
3
3.86
4.75
3
2
VA
652,100
90.41%
9
11.11
17.53
7
7
NORTH PLATTE
209
NE
15,500
100.00%
10
3.02
7.27
5
0
ODESSA-MIDLAND
151
NM
2,100
1.42%
0
2.92
6.5
0
0
TX
145,900
98.58%
15
7.17
9.43
10
7
OKLAHOMA CITY
45
OK
709,800
100.00%
17
11.68
16.48
11
10
OMAHA
76
IA
77,700
18.47%
2
3.12
3.15
1
1
MO
2,600
0.62%
0
0.59
0.59
0
0
NE
340,300
80.91%
12
8.45
9.27
6
6
ORLANDO-DAYTONA BCH-
MELBRN
19
FL
1,464,600
100.00%
19
21.06
24.16
17
16
OTTUMWA-KIRKSVILLE
199
IA
27,500
52.78%
9
4.1
7.19
1
0
MO
24,600
47.22%
6
1.71
2.09
3
0
51

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

PADUCAH-CAPE GIRARD-
HARSBG
80
IL
136,500
33.94%
6
3.19
3.87
3
2
KY
99,600
24.76%
5
4.33
5.06
4
4
MO
137,500
34.19%
5
2.7
3.3
2
2
TN
28,600
7.11%
1
3.07
4.02
0
0
PALM SPRINGS
145
CA
159,800
100.00%
22
18.62
23.87
7
6
PANAMA CITY
156
FL
141,200
100.00%
8
7.25
8.02
6
0
PARKERSBURG
193
OH
24,700
38.12%
3
2.94
3.44
0
0
WV
40,100
61.88%
10
4.57
6.4
4
0
PEORIA-BLOOMINGTON
116
IL
254,100
100.00%
11
13.87
14.46
6
6
PHILADELPHIA
4
DE
266,300
8.77%
2
2.12
2.63
1
2
NJ
820,500
27.02%
10
8.37
10.37
6
5
PA
1,949,500
64.21%
13
12.68
14.46
9
13
PHOENIX (PRESCOTT)
12
AZ
1,908,800
100.00%
27
11.6
21.03
14
14
PITTSBURGH
24
MD
11,800
1.01%
1
1.24
1.24
0
0
PA
1,106,500
94.75%
12
10.22
13.22
9
8
WV
49,500
4.24%
0
4.38
4.54
0
0
PORTLAND, OR
22
OR
1,005,300
82.25%
13
7.56
8.59
8
8
WA
216,900
17.75%
1
0.95
1.36
1
1
PORTLAND-AUBURN
77
ME
380,200
91.72%
10
7.9
17.43
7
7
NH
34,300
8.28%
1
1.27
5.8
0
0
PRESQUE ISLE
205
ME
30,700
100.00%
7
1.72
2.13
5
0
52

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

PROVIDENCE-NEW BEDFORD
53
MA
212,100
34.01%
12
16.57
16.69
2
2
RI
411,600
65.99%
8
4.98
5.49
4
4
QUINCY-HANNIBAL-KEOKUK
172
IA
14,200
13.84%
4
2.62
4.96
0
0
IL
59,200
57.70%
9
6.33
6.69
3
0
MO
29,200
28.46%
8
1.96
2
2
0
RALEIGH-DURHAM
(FAYETVLLE)
25
NC
1,126,900
98.83%
21
19.16
21.52
11
9
VA
13,300
1.17%
0
6.53
6.53
0
0
RAPID CITY
173
MT
500
0.50%
1
0.01
1.58
0
0
NE
500
0.50%
2
1.77
1.88
0
0
SD
79,500
80.06%
21
5.64
7.36
5
0
WY
18,800
18.93%
3
0.68
2.92
0
0
RENO
108
CA
30,100
10.86%
5
0.21
3.76
0
0
NV
247,100
89.14%
11
5.77
18.37
8
8
RICHMOND-PETERSBURG
57
VA
563,000
100.00%
12
14.15
16
7
7
ROANOKE-LYNCHBURG
66
VA
466,200
99.23%
9
8.03
9.87
7
6
WV
3,600
0.77%
0
0.77
0.77
0
0
ROCHESTER, NY
81
NY
394,000
100.00%
8
13.28
15.57
5
5
ROCHESTR-MASON CITY-
AUSTIN
153
IA
44,800
30.77%
4
4.3
4.36
1
2
MN
100,800
69.23%
12
5.94
7.33
4
5
ROCKFORD
134
IL
189,000
100.00%
8
6.95
8.73
4
5
SACRAMNTO-STKTON-
MODESTO
20
CA
1,430,600
100.00%
31
17.94
22.22
11
9
53

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

SALISBURY
143
DE
80,500
49.88%
2
1
1.93
0
1
MD
80,900
50.12%
8
4.54
5.67
2
5
SALT LAKE CITY
32
ID
7,600
0.79%
0
0.15
12.54
0
0
NV
21,000
2.17%
1
0.81
10.8
0
0
UT
902,500
93.38%
22
10.67
20.48
15
15
WY
35,400
3.66%
0
0.6
3.78
0
0
SAN ANGELO
196
TX
55,900
100.00%
11
4.07
9.64
4
0
SAN ANTONIO
37
TX
856,600
100.00%
16
13.41
19.24
11
15
SAN DIEGO
28
CA
1,107,700
100.00%
12
9.26
14.8
8
7
SAN FRANCISCO-OAK-SAN
JOSE
6
CA
2,587,300
100.00%
25
22.93
25.83
22
22
SANTABARBRA-SANMAR-
SANLUOB
122
CA
245,900
100.00%
20
6.06
15.07
6
6
SAVANNAH
96
GA
253,700
76.14%
7
6.41
7.97
5
5
SC
79,500
23.86%
5
7.33
8.57
2
2
SEATTLE-TACOMA
13
WA
1,919,400
100.00%
20
13.36
15.51
14
11
SHERMAN-ADA
161
OK
84,000
64.12%
8
2.75
4.15
3
1
TX
47,000
35.88%
12
13.17
17.43
2
1
SHREVEPORT
83
AR
55,800
14.26%
0
1.6
2.14
0
1
LA
210,300
53.74%
8
6.65
9.12
6
6
OK
13,200
3.37%
0
0.06
1.7
0
0
TX
112,000
28.62%
6
3.95
4.5
1
1
54

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

SIOUX CITY
149
IA
110,500
70.70%
9
5.01
5.86
5
7
NE
39,800
25.46%
6
1.47
2.88
1
1
SD
6,000
3.84%
3
4.81
4.81
0
0
SIOUX FALLS(MITCHELL)
112
IA
6,800
2.56%
2
5.01
6.51
0
0
MN
21,300
8.01%
2
1.46
1.72
1
1
NE
2,300
0.86%
1
1.64
1.65
0
6
SD
235,500
88.57%
25
5.68
7.32
6
0
SOUTH BEND-ELKHART
93
IN
255,500
75.30%
10
8.67
13.76
8
6
MI
83,800
24.70%
0
4.76
5.71
0
0
SPOKANE
75
ID
127,200
29.30%
4
1.03
6.01
2
2
MT
8,100
1.87%
0
0.03
1.41
0
0
OR
3,000
0.69%
0
0.93
1.87
0
0
WA
295,900
68.15%
14
6.23
8.86
8
7
SPRINGFIELD, MO
74
AR
61,600
14.35%
0
2.9
4.7
0
0
MO
367,800
85.65%
9
6.14
8.64
7
7
SPRINGFIELD-HOLYOKE
110
MA
272,500
100.00%
11
4.79
6.69
3
5
ST. JOSEPH
200
KS
2,900
6.00%
3
2.02
2.02
0
0
MO
45,400
94.00%
9
9.61
9.61
4
0
ST. LOUIS
21
IL
338,300
26.68%
3
4.26
4.42
2
1
MO
929,600
73.32%
7
7.07
10.69
7
7
SYRACUSE
82
NY
394,000
100.00%
10
11.62
15.29
7
8
TALLAHASSEE-THOMASVILLE
105
FL
187,500
65.56%
8
5.29
8.06
4
4
GA
98,500
34.44%
10
6.28
7.08
2
2
55

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

TAMPA-ST. PETE (SARASOTA)
14
FL
1,810,400
100.00%
19
18.57
23.89
15
14
TERRE HAUTE
152
IL
30,600
20.87%
5
2.71
2.71
2
1
IN
116,000
79.13%
15
8.48
9.04
4
3
TOLEDO
70
MI
36,900
8.24%
4
11.85
11.85
0
0
OH
410,700
91.76%
9
9.49
10.97
7
6
TOPEKA
136
KS
181,100
100.00%
8
4.94
6.41
5
5
TRAVERSE CITY-CADILLAC
119
MI
245,200
100.00%
19
6.33
7.11
5
5
TRI-CITIES, TN-VA
91
KY
14,900
4.37%
0
4.28
4.28
0
0
TN
211,700
62.10%
7
5.93
7.3
4
4
VA
114,300
33.53%
5
3.26
3.62
4
4
TUCSON (SIERRA VISTA)
67
AZ
468,900
100.00%
23
8.86
17.07
10
10
TULSA
61
KS
15,700
2.90%
0
1.5
2.24
0
0
OK
524,900
97.10%
15
12.13
13.96
11
10
TWIN FALLS
192
ID
66,400
100.00%
20
3.24
8.25
5
0
TYLER-
LONGVIEW(LFKN&NCGD)
109
TX
272,700
100.00%
27
6.21
7.77
4
6
UTICA
171
NY
105,800
100.00%
16
5.83
7.62
4
0
VICTORIA
204
TX
32,100
100.00%
14
2.4
10.87
4
0
WACO-TEMPLE-BRYAN
89
TX
347,400
100.00%
35
14.32
15.97
7
8
WASHINGTON, DC
(HAGRSTWN)
9
DC
267,500
11.09%
13
8
13.9
8
9
MD
955,600
39.60%
10
8.84
8.95
2
1
PA
6,200
0.26%
0
0.8
1.66
0
0
VA
1,081,100
44.80%
6
5.59
6.44
4
3
WV
102,600
4.25%
1
0.83
2.51
0
0
56

Federal Communications Commission

DA 11-1454

Number of Broadcast Stations Licensed to State

Household-weighted

Number of Stations

Carried by DBS

No. of

% DMA

Full-

All Full-

HHs in

HHs in

Measured

Power

and Low-

DMA

State

State

State

by

Stations

Power

DISH

DMA

Rank

Segment

Segment

Segment

Nielsen

Only

Stations

Network

DIRECTV

WATERTOWN
176
NY
96,500
100.00%
17
4.32
5.55
5
0
WAUSAU-RHINELANDER
135
WI
187,100
100.00%
20
7.37
7.93
5
6
WEST PALM BEACH-FT.
PIERCE
38
FL
782,000
100.00%
22
20.78
22.52
10
8
WHEELING-STEUBENVILLE
159
OH
68,500
51.27%
5
3.89
4.41
2
0
WV
65,100
48.73%
4
2.21
2.86
3
3
WICHITA FALLS & LAWTON
146
OK
75,800
47.91%
7
2.6
6.04
2
1
TX
82,400
52.09%
8
3.89
8.66
3
5
WICHITA-HUTCHINSON PLUS
68
KS
462,200
100.00%
29
6.99
9.58
9
10
WILKES BARRE-SCRANTON
54
PA
600,900
100.00%
17
6.94
9.59
7
7
WILMINGTON
132
NC
193,400
100.00%
12
9.33
10.77
6
6
YAKIMA-PASCO-RCHLND-
KNNWCK
126
OR
26,200
11.41%
2
1.06
3.05
0
1
WA
203,400
88.59%
23
4.03
10.63
9
7
YOUNGSTOWN
111
OH
224,200
83.13%
16
13.92
15.29
5
6
PA
45,500
16.87%
5
5.3
5.86
0
0
YUMA-EL CENTRO
164
AZ
71,100
58.91%
10
1.99
3.75
3
0
CA
49,600
41.09%
16
3.61
4.66
6
0
ZANESVILLE
203
CA
32,800
100.00%
10
3.61
8.52
4
4
57

Federal Communications Commission

DA 11-1454

APPENDIX D

In-State Stations Received by Households within Each DMA

See Appendix D Excel chart attached to this document
58

Federal Communications Commission

DA 11-1454

APPENDIX E

In-State Stations Carried by DBS in Each DMA

See Appendix E Excel chart attached to this document
59

Federal Communications Commission

DA 11-1454

APPENDIX F

Case Studies

1. The case studies below are part of our Section 304(2) findings. The record of this proceeding
identified specific counties where commenters complained that households are unable to receive any in-
state programming or unable to receive sufficient in-state programming. Herein, we provide an in-depth
analysis of the extent to which households in these specific geographic areas have access to in-state
programming via over-the-air reception, cable systems, and DBS operators on a county basis within each
relevant DMA.1
2. To describe consumers' access to in-state broadcast stations over the air in each county, we
used the Longley-Rice methodology and census block information used in Appendix C of this Report.2
Each case study reports the number of in-state, full-power broadcast stations available to households in
the county as a weighted average.3 Each case study also reports the number of in-state stations of all
types (including, full-power, low-power, Class A, and translators) available to households in the county,
also as a weighted average.4 In addition, each case study lists the in-state broadcast stations that the
Commission has determined are significantly viewed in each county.5


1 This is distinct from other portions of the Report's Section 304(2) analysis that are presented on a state segment
rather than a county basis.
2 As stated in the Report at Footnote 60, in order to determine the predicted service area for purposes of the analysis
required by the statute, we have chosen to use OET Bulletin No. 69 methodology (Longley-Rice propagation
model). Although this approach estimates the number of households that reside in each television station's service
area, it does not tell us whether each household within a particular service area actually can receive that station's
signal. Thus, the data set forth in these case studies are based on a predictive model regarding the availability of
broadcast television stations via over the air transmission. We believe that this approach yields the most accurate
data for our assessment of the questions posed by Sections 304(1) and 304(2) of STELA. Accordingly, in these
Case Studies as in the Report, with respect to over-the-air broadcasting, we use the terms "receive" and "have access
to" interchangeably. We define these terms to mean that households fall within the predicted over-the-air service
area of in-state broadcast stations. Nonetheless, we recognize that certain households may not be able to access a
station for various reasons, including signal interference or the lack of a suitable antenna or other equipment.
Moreover, a household's ability to "receive" or "have access to" the signal of a broadcast television station via over-
the-air transmission may be impacted by a range of other factors that we cannot determine and assess for purposes of
this Report. The Longley-Rice propagation model cannot account for these situations. Therefore, the data set forth
in these case studies is predictive of the over-the-air broadcast service that should be available in certain markets and
to certain households. We also note that our data analyses include full-power stations, Class A stations, low-power
stations, and translators.
3 As we did for Appendix C of this Report, we consider full-power satellite broadcast stations to be in-state for their
state of license. There is no systematic method for determining when such stations retransmit programming from a
parent station licensed in another state. We report the number of stations received in each county. More detailed
information regarding specific stations is available by state segment in Appendix D.
4 Some low-power and Class A broadcast stations originate in-state broadcast programming and translators extend
the geographic reach of broadcast programming; thus, estimates based only on full-power broadcast stations may
understate the extent to which in-state broadcast programming is available over the air. Conversely, some low-
power television stations, Class A stations, and translators may carry programming that originates from out-of-state
broadcast stations; and, therefore, estimates that include all broadcast stations may overstate the extent to which in-
state broadcast programming is available over the air.
5 See Significantly Viewed List, at http://transition.fcc.gov/mb/significantviewedstations031011.pdf. As described
above, significantly viewed stations are available for carriage by cable and DBS operators and are treated as local
(continued....)
60

Federal Communications Commission

DA 11-1454

3. To describe consumers' access to in-state broadcast stations from DBS in each county, staff
estimated the number of such stations based on the information DIRECTV and DISH submitted to the
Commission under Section 305 of STELA, and additional information the companies provided to
Commission staff in this proceeding. Each case study also identifies the in-state broadcast stations
provided as part of each DBS operator's local-into-local service.6
4. To describe consumers' access to in-state broadcast stations from cable systems, we
identified the cable systems in the counties and communities in each study using the Commission's Cable
Operations and Licensing System.7 Where available, we used cable operators' 2010 FCC Form 325
submissions to determine the carriage of in-state broadcast stations. Because many of the cable systems
in the areas included in the case studies are small, they are not included in the 2010 FCC Form 325
sample. Thus, we used Warren Television & Cable Factbook data and individual cable system websites
to gather additional information.8 In addition, in some counties multiple cable systems offer varying
broadcast station lineups.9 Rather than report on each cable system where this is the case, to get an
understanding of whether in-state broadcast stations are being carried, we reviewed the available
information and present an overview of the in-state stations cable systems carry.
5. As the data presented below shows, in many cases where cable systems exist in underserved
areas, those systems offer subscribers some in-state stations even when the subscribers are located in
counties assigned to out-of-state DMAs. On the basis of the case studies, it appears that DBS operators
are less likely to include in-state stations, such as significantly viewed stations, in their channel lineups
even if in-state stations may be included in their local-into-local service under existing rules and law.
However, a limitation of the available data is that, to the extent a cable system exists in a particular
county, we cannot determine how many households, if any, are actually passed by the cable system.
Thus, for certain households, DBS could be the only MVPD option.

I.

Albuquerque-Santa Fe DMA:

La Plata County and Montezuma County in Colorado are
assigned to the Albuquerque- Santa Fe DMA, based in New Mexico. The Albuquerque-Santa Fe DMA is
also comprised of a portion of Apache County Arizona, and 28 counties in New Mexico. This case study
considers La Plata and Montezuma Counties.10
(Continued from previous page)


stations for copyright purposes. Cable and DBS operators must obtain retransmission consent to carry out-of-market
significantly viewed stations. 47 C.F.R. 76.54(b), (d); 47 C.F.R. 76.5(i)(1)-(2). See also 17 U.S.C.
119(a)(3)(A).
6 The sources for information about broadcast stations' community of license and affiliations are Nielsen,
BIA/Kelsey, DISH, DIRECTV and individual broadcast stations' websites.
7 The Commission's COALS database can be located at: http://fjallfoss.fcc.gov/coals7.
8 Warren Communications News, Television & Cable Factbook Online, http://www.tvcablefactbook.com (Warren
Factbook). We were not able to locate complete information from publicly available sources for every cable system
listed in COALS that was not in the 2010 FCC Form 325 sample. The data is not sufficient to allow us to determine
the extent to which cable is available to specific households in any particular county or community; thus, the
presence of a cable system does not necessarily mean that all households have access to the in-state stations offered
by the included cable systems.
9 The data sources list call signs for the stations carried by individual cable systems. Unless otherwise noted, the
data do not allow us to determine if a cable system only carries the local programming (i.e., non-network, non-
syndicated programming) of an in-state station or the entire programming schedule of the station.
10 Consumers residing in La Plata and Montezuma counties filed comments in this proceeding regarding their lack
of Colorado programming. See, e.g., Comments of Rick Campbell (Jan. 24, 2011); Comments of Elizabeth Bruen
(Jan. 24, 2011); Comments of Rep. Scott Tipton (Feb. 16, 2011).
61

Federal Communications Commission

DA 11-1454


In-State Broadcast Stations Received Over the Air
o On average, households in La Plata County receive 2.79 in-state, full-power stations over the
air and 11.77 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. KREZ (CBS), Durango, an in-state station that operates as a satellite of
KRQE-TV, Albuquerque, is significantly viewed in La Plata County.11
o On average, households in Montezuma County receive 0.01 in-state, full-power stations over
the air, and 15.63 in-state stations including full-power stations, translators, low-power
stations, and Class A stations. No in-state stations are significantly viewed in Montezuma
County.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV provide local-into-local service for the Albuquerque-Santa Fe
DMA. Neither provider offers Colorado stations as part of its service.

Cable Carriage of In-State Broadcast Stations
o According to commenters, cable companies in La Plata and Montezuma Counties import
local programming from Denver stations. For example, they state that the Bresnan12 cable
system serving the Durango, Colorado in La Plata County, carries local programming from
five Denver stations: KUSA-TV (NBC), KCNC-TV (CBS), KWGN-TV (CW), KRMA-TV
(PBS), and KMGH-TV (ABC).13
o La Plata County.14 In La Plata County, in addition to the above, Rocky Mountain Cable15
carries KWGN-TV (CW), KRMA-TV (PBS), and KMGH-TV (ABC) and KDVR (FOX).
Rural Route Video and Bresnan Durango systems carry KRMJ (PBS), which is assigned to
the Grand Junction-Montrose DMA. One Colorado station, KREZ-TV (CBS), which is
assigned to the Albuquerque-Santa Fe DMA, is carried by several cable systems serving La
Plata County: Bresnan Durango, Rocky Mountain Cable, and Rural Route Video.
o Montezuma County.16 In Montezuma County, the Bresnan Delores and Mancos cable
systems carry the following stations from the Denver DMA: KUSA-TV (NBC), KCNC-TV
(CBS), KWGN-TV (CW), and KRMA-TV (PBS). These systems also carry KRMJ (PBS),
which is assigned to the Grand Junction-Montrose DMA and KREZ-TV (CBS), which is
assigned to the Albuquerque-Santa Fe DMA.


11 It appears that KREZ-TV retransmits the programming of Albuquerque station KRQE-TV. See
http://www.krqe.com/subindex/news/local/northwest.
12 Bresnan Communications, http://www.bresnan.com/support/support_for_home/channel_line-up.
13 Joint Television Networks Reply Comments at 7, 9; NAB Reply Comments at 18-19; Local Television
Broadcasters Comments at 11-12; NAB Comments at 33-34. Warren Factbook data confirm the carriage of these
Denver stations by Bresnan. Carriage of local programming means that only non-network, non-syndicated
programming is carried and that the Denver stations are not carried for most of the broadcast day, including prime
time.
14 Warren Factbook.
15 Id.; Rocky Mountain Cable, http://www.rockymtncable.com/channel_guides/Bayfield_CO%20lineup.pdf.
16 Warren Factbook.
62

Federal Communications Commission

DA 11-1454

II.

Atlanta DMA:

Randolph County Alabama is assigned to the Atlanta DMA, based in Georgia. In
addition, the Atlanta DMA is comprised of 51 counties from Georgia and one county from North
Carolina. This case study considers Randolph County.17

In-State Broadcast Stations Received Over the Air
o On average, households in Randolph County receive 2.39 in-state, full-power stations over
the air and 2.55 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. There are no significantly viewed stations in Randolph County.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV provide local-into-local service for the Atlanta DMA. Neither
provider offers Alabama stations as part of its service.

Cable Carriage of In-State Broadcast Stations
o James Cable is the cable operator in Randolph County where there are three systems serving
four communities (Roanoke, Rock Mills, Wadley, Wedowee).18 These systems carry the
following stations assigned to the Birmingham (Anniston & Tuscaloosa) DMA: WBRC
(FOX), WCIQ (PBS), WJSU-TV (ABC), WTTO (CW), and WIAT (CBS). In addition, they
carry the following stations assigned to the Montgomery-Selma DMA: WSFA (NBC) and
WAXC-LP (IND).

III.

Billings DMA:

Big Horn County and Park County in Wyoming are assigned to the Billings
DMA, based in Montana. In addition, the Billings DMA is comprised of 16 Montana counties.19

In-State Broadcast Stations Received Over the Air
o On average, households in Big Horn receive 0.34 in-state, full-power stations over the air and
0.99 in-state stations including full-power stations, translators, low-power stations, and Class
A stations. KFNE (FOX), assigned to the Casper-Riverton DMA, is significantly viewed in
Big Horn County.
o On average, households in Park County receive 0.02 in-state, full-power stations over the air
and 0.99 in-state stations including full-power stations, translators, low-power stations, and
Class A stations. There are no significantly viewed stations in Park County.

DBS Carriage of In-State Broadcast Stations
o DISH provides local-into-local service for the Billings DMA, but DIRECTV does not. DISH
does not offer Wyoming stations as part of its local-into-local service.


17 Residents of Randolph County filed comments in this proceeding regarding their lack of Alabama programming.
See Comments of Gary C. Vaughn (Feb. 8, 2011); Jason Bacaj, Changing Channels: TV Viewers in Randolph
County Want to Escape the Clutches of the Atlanta Market
, THE ANNISTON STAR, July 3, 2011 (indicating that
consumers in nearby Cleburne County, also in the Atlanta DMA, receive Alabama stations that are significantly
viewed in that county) (http://www.annistonstar.com/pages/full_story/push?article-Changing+channels-
+TV+viewers+in+Randolph+County+want+to+escape+the+clutches+of+the+Atlanta+market%20&id=14555996&i
nstance=recentComments).
18 Warren Factbook.
19 Representatives of the Wyoming counties filed comments in this proceeding regarding consumers' lack of access
to Wyoming programming. See Letter from Sen. Michael B. Enzi, Wyoming, Sen. John Barasso, M.D., Wyoming,
and Rep. Cynthia M. Lummis, Wyoming, to Julius Genachowski, Chairman, FCC (Dec. 1, 2010 (Enzi et al. Dec. 1,
2010 Ex Parte Letter) ; Wyoming PBS Comments at 1-3 (collectively, Wyoming Comments).
63

Federal Communications Commission

DA 11-1454


Cable Carriage of In-State Broadcast Stations
o Bresnan is the cable operator in Big Horn County where there is one system serving three
communities (Basin, Big Horn County, and Greybull).20 This system carries the following in-
state station KCWC-TV (PBS), which is assigned to the Casper-Riverton DMA.
o KLiP Interactive is the cable operator in Park County where there is one system serving three
communities in Park County (Cody, Powell, and Meeteetse).21 This system carries the
following in-state stations assigned to the Casper-Riverton DMA: KCWC-TV (PBS) and
KTWO (ABC).

IV.

Boise DMA:

Malheur County Oregon is assigned to the Boise DMA, based in Idaho. The Boise
DMA is also comprised of 11 Idaho counties.22

In-State Broadcast Stations Received Over the Air
o On average, households in Malheur receive no in-state, full-power stations over the air and
0.89 in-state stations including full-power stations, translators, low-power stations, and Class
A stations. There are no significantly viewed stations in Malheur County.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV provide local-into-local service for the Boise DMA. Neither
provider offers Oregon stations as part of its service.

Cable Carriage of In-State Broadcast Stations
o Cable One is the cable operator in Malheur County where there is one system serving three
communities (Nyssa, Ontario, and Vale).23 Cable One does not offer Oregon stations as part
of its service.

V.

Columbus, GA (Opelika, AL) DMA:

Chambers County Alabama is assigned to the Columbus,
GA (Opelika, AL) DMA. The Columbus, GA (Opelika, AL) DMA is also comprised of three other
Alabama counties and 12 Georgia counties. This case study considers Chambers County.24

In-State Broadcast Stations Received Over the Air
o On average, households in Chambers County receive 3.58 in-state, full-power stations over
the air and 3.59 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. There are no significantly viewed stations in Chambers County.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV serve the Columbus, GA (Opelika, AL) DMA. Neither offers
Alabama stations as part of their local-into-local service.


20 Warren Factbook.
21 Id.
22 Oregon Public Broadcasting commented in this proceeding regarding complaints about its lack of carriage in this
area. See Oregon Public Broadcasting Comments at 2.
23 2010 FCC Form 325.
24 See Comments of Gary C. Vaughn (Feb. 8, 2011).
64

Federal Communications Commission

DA 11-1454


Cable Carriage of In-State Broadcast Stations
o In Chambers County25 Marcus Cable of Alabama, LLC, serves Chambers and other
communities. This system carries WBIQ (PBS), assigned to the Birmingham (Anniston &
Tuscaloosa) DMA, and WAIQ (PBS) and WSFA (NBC), assigned to the Montgomery-Selma
DMA.

VI.

Denver DMA:

Hooker County Nebraska and Albany, Campbell, Carbon, Johnson, Niobrara, and
Platte Counties in Wyoming are all assigned to the Denver DMA. The Denver DMA is also comprised of
48 Colorado counties, and 13 other Nebraska counties. This case study considers Hooker and the
Wyoming counties.

A.

Hooker County Nebraska

.26

In-State Broadcast Stations Received Over the Air
o On average, households in Hooker County receive 0.93 in-state, full-power stations over the
air and 0.93 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. This county has two significantly viewed in-state stations: KNOP-TV
(NBC), assigned to the North Platte DMA, and KDUH-TV (ABC), assigned to the Cheyenne-
Scottsbluff DMA.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV serve the Denver DMA. Neither offers Nebraska stations as part
of their local-into-local service.

Cable Carriage of In-State Broadcast Stations
o Consolidated Cable Inc., the only cable system in the county, carries three Nebraska stations,
each assigned to a different DMA. It carries the two significantly viewed, in-state stations
KNOP-TV (NBC) and KDUH-TV (ABC) from the North Platte and Cheyenne-Scottsbluff
DMAs, respectively. From the Sioux Falls (Mitchell) DMA, it carries in-state station KRNE
(PBS). 27 This station is a satellite of KUON-TV, assigned to the Lincoln & Hastings
Kearny DMA.28

B.

Wyoming Counties

29

In-State Broadcast Stations Received Over the Air
o On average, households in Albany County receive 1.01 in-state, full-power stations over the
air and 6.53 in-state stations including full-power stations, translators, low-power stations,


25 2010 FCC Form 325.
26 Consumers from this area filed comments in this proceeding. See, e.g., Comments of Lynn Nichols (May 14,
2011); Comments of Ronald D. Boyer (May 16, 2011); Comments of Dale A. Ginkens (May 13, 2011) (stating that
the cable system in Mullen can no longer afford to provide service due to higher costs and sparse population).
27 Warren Factbook.
28 Commenters report that their local cable operator, Consolidated Cable Inc., has notified them that it will cease
operation. Once the cable operator ceases operation, consumers will only have DBS as an MVPD option. See n.22,
supra. See also Comments of Sarah Hardin (May 18, 2011) (noting that Denver is approximately 260 miles from
Mullen and its stations do not provide any local news coverage for Mullen). See also Comments of Jeff Hoesing
(May 23, 2011).
29 See Wyoming Comments n.19, supra.
65

Federal Communications Commission

DA 11-1454

and Class A stations. KGWN-TV (CBS), assigned to the Cheyenne-Scottsbluff DMA, is
significantly viewed in Albany County.
o On average, households in Campbell County receive 0.82 in-state, full-power stations over
the air and 5.42 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. There are no significantly viewed in-state stations in Campbell County.
o On average, households in Carbon County receive 0.84 in-state, full-power station over the
air and 2.53 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. KGWN-TV (CBS), assigned to the Cheyenne-Scottsbluff DMA, is
significantly viewed in Carbon County.
o On average, households in Johnson County receive 1.16 in-state full-power stations over the
air and 2.72 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Johnson County has two significantly viewed stations: KGWN-TV
(CBS) and KTWO-TV (ABC), assigned to the Cheyenne-Scottsbluff DMA and Casper-
Riverton DMAs, respectively.
o On average, households in Niobrara County receive 0.01 in-state, full-power stations over the
air and 0.02 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Niobrara County has two significantly viewed in-state stations:
KGWN-TV (CBS) and KTWO-TV (ABC), assigned to the Cheyenne-Scottsbluff DMA and
Casper-Riverton DMAs, respectively.
o On average, households in Platte County receive 0.06 in-state, full-power stations over the air
and 0.47 in-state stations including full-power stations, translators, low-power stations, and
Class A stations. Niobrara County has two significantly viewed in-state stations: KGWN-
TV (CBS) and KTWO-TV (ABC), assigned to the Cheyenne-Scottsbluff DMA, and Casper-
Riverton DMAs respectively.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV serve the Denver DMA. Neither offers Wyoming stations as part
of their local-into-local service.

Cable Carriage of In-State Broadcast Stations
o Bresnan is the cable operator in Albany County where there is one system serving two
communities (Laramie and Albany). This system carries the following in-state stations
assigned to the Casper-Riverton DMA: KCWC-TV (PBS) and KCWY (NBC).
o Bresnan is the cable operator in Campbell County where there is one system serving two
communities (Gillette and Campbell). This system carries the following in-state stations
assigned to the Casper-Riverton DMA: KGWC-TV (CBS) and KTWO-TV (ABC).
o Carbon County has three cable operators, with five systems, serving nine communities
(Rawlins, Sinclair, Sarasota, Hanna, Medicine Bow, Encampment, Riverside, Old Baldy, and
Carbon). These cable operators carry in-state stations assigned to the Casper-Riverton DMA.
Bresnan carries four in-state stations: KTWO-TV (ABC), KCWC-TV (PBS), KCWY
(NBC), and KFNR (FOX). James Cable carries one in-state station: KCWY (NBC),
Medicine Bow Cable carries two in-state stations: KGWC-TV (CBS) and KTWO-TV
(ABC).
o Bresnan is the cable operator in Johnson County where there are two systems serving three
communities (Buffalo, Johnson, and Kaycee). These systems carry the following in-state
stations assigned to the Casper-Riverton DMA: KTWO-TV (ABC) and KCWC (NBC).
66

Federal Communications Commission

DA 11-1454

o James Cable is the cable operator in Niobrara County where there is one system serving one
community (Lusk). This system carries the following in-state stations assigned to the Casper-
Riverton DMA: KTWO-TV (ABC) and KCWY (NBC).
o Platte County has two cable operators, where there are two systems, serving three
communities (Wheatland, Guernsey, and Hartville). James Cable carries the following in-
state stations assigned to the Casper-Riverton DMA: KCWC (PBS) and KCWY (NBC).
CAMS Cable carries in state station KTWO-TV (ABC), assigned to the Caspar-Riverton
DMA, and in-state stations KGWN (CBS, CW) and KTNE-TV (PBS), assigned to the
Cheyenne, WY-Scottsbluff, NE DMA.

VII.

Monroe-El Dorado DMA:

Ashley and Union Counties Arkansas are assigned to the
Monroe-El Dorado DMA. This DMA includes an in-state Arkansas community, El Dorado.30 The
Monroe-El Dorado DMA is also comprised of 16 Louisiana counties.

In-State Broadcast Stations Received Over the Air
o On average, households in Ashley County receive 3.6 in-state full-power stations over the air
and 3.6 in-state stations including full-power stations, translators, low-power stations, and
Class A stations. Ashley County has no significantly viewed in-state stations.
o On average, households in Union County receive 0.82 in-state, full-power stations over the
air and 5.42 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Within Union County, KATV (ABC), assigned to the Little Rock-Pine
Bluff DMA, is significantly viewed.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV offer local-into-local service to the Monroe-El Dorado DMA.
Both offer two Arkansas stations assigned to the Monroe-El Dorado DMA as part of their
service, including KETZ (PBS) and KTVE (NBC). In addition, DIRECTV offers a unique
channel, referred to as ARKNEWS (Arkansas News Channel), which consists of local news
programming from KATV (ABC), assigned to the Little Rock-Pine Bluff DMA.31

Cable Carriage of In-State Broadcast Stations
o Ashley County has two cable systems: Cable South Media, serving Crosett, and Zoom
Media, serving Hamburg.32 Both systems carry in-state station KTVE (NBC), assigned to the
Monroe-El Dorado DMA. Both of these systems carry in-state stations KATV (ABC) and
KETS (PBS), assigned to the Little Rock-Pine Bluff DMA. In addition, Zoom Media carries
in-state stations KASN (CW) and KKYK-DT (TUFF TV Network), also assigned to the
Little Rock Pine Bluff DMA.
o Union County has two cable systems: Suddenlink, serving El Dorado and other parts of the
county, and Zoom Media.33 Both systems carry in-state station KTVE (NBC), assigned to the
Monroe-El Dorado DMA. In addition, Suddenlink carries in-state stations KETZ (PBS) and


30 Letter from Rep. Mike Ross to Julius Genachowski, Chairman, FCC (Jan. 25, 2011) (Ross Jan. 25, 2011 Ex Parte
Letter).
31 DIRECTV offers this news programming under a private copyright agreement brokered during congressional
consideration of STELA. See Ross Jan. 25, 2011 Ex Parte Letter. See also DIRECTV Comments at n.3.
32 Warren Factbook.
33 Id.
67

Federal Communications Commission

DA 11-1454

KLMB-LP (FOX), also assigned to the Monroe-El Dorado DMA. Both systems also carry
the following in-state stations, assigned to the Little Rock Pine Bluff DMA: KATV (ABC),
KASN (CW), KETG (PBS), and KKYK-DT (TUFF TV Network).

VIII.

Pittsburgh DMA:

Garrett County Maryland is assigned to the Pittsburgh DMA, based in
Pennsylvania. The Pittsburgh DMA is also comprised of 13 Pennsylvania counties and two West
Virginia counties. This case study considers Garrett County.34

In-State Broadcast Stations Received Over the Air
o On average, households in Garrett County receive 1.24 in-state full-power stations over the
air and 1.24 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. WGPT (PBS) is assigned to the Pittsburgh DMA, and licensed to
Oakland, Maryland, Garrett County's seat. There are no significantly viewed stations within
Garrett County.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV offer local-into-local service in the Pittsburgh DMA. Neither
includes Maryland stations as part of this service.

Cable Carriage of In-State Broadcast Stations
o Garrett County has two cable systems: Comcast (which serves Bloomington District #4)35
and Shentel,36 which serves Oakland as well as several other communities.37 Both Comcast
and Shentel carry WHAG-TV (NBC), assigned to the Washington, D.C. (Hagerstown) DMA.
They also carry WGPT (PBS), Oakland, Maryland, assigned to the Pittsburgh DMA.
Comcast also carries WJAL (IND), assigned to the Washington, D.C. (Hagerstown) DMA
and WJZ-TV (CBS), assigned to the Baltimore DMA.

IX.

Rapid City DMA:

Crook, Sheridan, and Weston Counties Wyoming are assigned to the Rapid
City DMA, based in South Dakota. The Rapid City DMA is also comprised of 13 South Dakota counties,
one Montana County, and one Nebraska County. This case study considers the Wyoming counties.38

In-State Broadcast Stations Received Over the Air
o On average, households in Crook County receive 0.01 in-state, full-power stations over the
air and 0.4 in-state stations including full-power stations, translators, low-power stations, and
Class A stations. Crook County has no significantly viewed in-state stations.


34 During the pendency of this proceeding, commenters noted that cable operators in Garrett County did not carry
Maryland stations. See, e.g., Letter from Rep. Roscoe Bartlett, to Julius Genachowski, Chairman, FCC (Feb. 15,
2011); Reply Comments of Garretts For Maryland TV (Feb. 8, 2011); Comments of Rosita Claro-Bolt (Feb. 22,
2011). Additional information indicates that the local cable system reinstated WHAG-TV, Hagerstown, and is in
discussions to carry the local, in-state news programming of WBAL-TV, Baltimore. See Letter from Rep. Roscoe
Bartlett, to Julius Genachowski, Chairman, FCC (May 3, 2011). Congressman Bartlett does not identify which
cable system, or whether all cable systems, in the county are adding in-state programming.
35 2010 FCC Form 325.
36 Warren Factbook; Shentel Cable Company, http://home.shentel.net/pages/cable/cable-programming.php.
37 Warren Factbook.
38 See Wyoming Comments n.19, supra.
68

Federal Communications Commission

DA 11-1454

o On average, households in Sheridan County receive one in-state, full-power-station over the
air and 4.21 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Within Sheridan County, in-state station KTWO-TV (ABC), assigned
to the Casper-Riverton DMA, is significantly viewed.
o On average, households in Weston County receive no in-state, full-power stations over the air
and 0.03 in-state stations including full-power stations, translators, low-power stations, and
Class A stations. Within Weston County, in-state station KTWO-TV (ABC), assigned to the
Casper-Riverton DMA, is significantly viewed.

DBS Carriage of In-State Broadcast Stations
o DISH offers local-into-local service in the Rapid City DMA, but DIRECTV does not. DISH
does not offer any Wyoming stations as part of its local-into-local service.

Cable Carriage of In-State Broadcast Stations
o Tongue River Communications39 is the cable operator for Crook County where there are three
systems serving three communities (Sundance, Pine Haven, and Hulett). These systems carry
the following in-state stations assigned to the Casper-Riverton DMA: KCWC (PBS),
KGWC-TV (CBS), and KTWO-TV (ABC).
o Bresnan Communications and Tongue River Communications are the cable operators in
Sheridan County where there are three systems serving four communities (Sheridan,
Ranchester, Dayton, and Story). These cable operators carry the following in-state stations:
KCWC (PBS), KGWC-TV (CBS) and KTWO-TV (ABC), all assigned to the Casper-
Riverton DMA, and KSGW-TV (ABC), Sheridan, Wyoming, assigned to the Rapid City
DMA.
o Bresnan Communications is the cable operator in Weston County where there is one system
serving one community (Newcastle). This system carries the following in-state stations
assigned to the Casper-Riverton DMA. KGWC-TV (CBS) and KTWO-TV (ABC).

X.

Salt Lake City DMA:

Elko County Nevada and Lincoln, Sublette, Sweetwater, and Uinta
Counties in Wyoming are assigned to the Salt Lake City DMA, based in Utah. The Salt Lake City DMA
is also comprised of three Idaho counties, two other Nevada counties, and 29 Utah counties. This case
study considers Elko County Nevada and the Wyoming counties.

A.

Elko County Nevada

.40

In-State Broadcast Stations Received Over the Air
o On average, households in Elko County receive 0.81 in-state, full-power stations over the air
and 9.61 in-state stations including full-power stations, translators, low-power stations, and
Class A stations. Within Elko County, in-state station KOLO-TV (ABC), assigned to the
Reno DMA, is significantly viewed.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV offers local-into-local service in the Salt Lake City DMA.
Neither offers any Nevada stations as part of its local-into-local service.


39 Warren Factbook; Tongue River Communications, http://tonguerivercomm.com/.
40 Commenters state that Salt Lake City is in the Mountain Time Zone, while Elko is in the Pacific Time Zone,
resulting in news and weather reports being an hour behind. See Comments of Darlene Elvin (Mar. 21, 2011).
69

Federal Communications Commission

DA 11-1454


Cable Carriage of In-State Broadcast Stations
o In Elko County, Baja Broadband serves Elko and Carlin, and Satview Broadband serves
Wells. All three systems carry in-state station KENV-DT (NBC), assigned to the Salt Lake
City DMA. The station is a satellite of KRNV-DT, assigned to the Reno DMA. In addition,
Baja Broadband (Carlin) carries translator K15EE-D (PBS), also is assigned to the Salt Lake
City DMA. All three systems carry in-state station KTVN (CBS), assigned to the Reno
DMA. Also from the Reno DMA, Baja Broadband (Elko) carries in-state station KNPB
(PBS) and Baja Broadband (Carlin) carries in-state station KOLO-TV (ABC).

B.

Wyoming Counties

41

In-State Broadcast Stations Received Over the Air
o On average, households in Lincoln County receive 0.03 in-state, full-power stations over the
air and 0.94 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Lincoln County has no significantly viewed stations.
o On average, households in Sublette County receive 0.26 in-state full-power stations over the
air and 2.56 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. KTWO-TV (ABC), assigned to the Casper-Riverton DMA, is
significantly viewed in Sublette County.
o On average, households in Sweetwater County receive 1.06 in-state, full-power stations over
the air and 4.4 in-state, stations including full-power stations, translators, low-power stations,
and Class A stations. Sweetwater County has no significantly viewed stations.
o On average, households in Uinta County receive 0.3 in-state, full-power stations over the air
and 5.62 in-state stations including full-power stations, translators, low-power stations, and
Class A stations. Uinta County has no significantly viewed stations.

Cable Carriage of In-State Broadcast Stations
o There are no cable systems in Lincoln County that carry in-state stations.
o
There are no cable systems in Sublette County that carry in-state stations.
o Sweetwater Cable TV Co, Inc., is the cable operator in Sweetwater County where there are
two systems serving five communities (Green River, Rock Springs, Sweetwater West and
North portions, and Wamsutter). These systems carry the following in-state stations assigned
to the Casper-Riverton DMA: KTWO-TV (ABC) and KGWR-TV (CBS).
o There are no cable systems in Unita County that carry in-state stations.

XI.

Shreveport DMA:

Columbia, Hempstead, Howard, Lafayette, Little River, Miller, and Sevier
Counties in Arkansas are assigned to the Shreveport DMA, based in Louisiana. The Shreveport DMA is
also comprised of nine Louisiana counties, one Oklahoma County, and eight Texas counties. This case
study considers the Arkansas counties.42


41 See Wyoming Comments n.19, supra.
42 Ross Jan. 25, 2011 Ex Parte Letter.
70

Federal Communications Commission

DA 11-1454


In-State Broadcast Stations Received Over the Air
o On average, households in Columbia County receive 3.96 in-state, full-power stations over
the air and 3.96 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Columbia County has no significantly viewed in-state stations.
o On average, households in Hempstead County receive 2.56 in-state, full-power Arkansas
stations over the air and 3.59 in-state stations including full-power stations, translators, low-
power stations, and Class A stations. There are no significantly viewed stations in
Hempstead County.
o On average, households in Howard County receive 1.19 in-state, full-power stations over the
air and 1.91 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Howard County has no significantly viewed in-state stations.
o On average, households in Lafayette County receive 2.75 in-state, full-power stations over
the air and 2.76 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. There are no significantly viewed stations in Lafayette County.
o On average, households in Little River County receive 0.61 in-state, full-power stations over
the air and 0.68 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Little River County has no significantly viewed in-state stations.
o On average, households in Miller County receive 0.49 in-state, full-power stations over the
air and 1.35 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. There are no significantly viewed stations in Miller County.
o On average, households in Sevier County receive 0.13 in-state, full-power stations over the
air and 0.52 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Sevier County has no significantly viewed in-state stations.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV offer local-into-local service to the Shreveport DMA. DISH does
not offer any Arkansas stations as part of this service. DIRECTV offers a unique channel,
referred to as ARKNEWS (Arkansas News Channel), which consists of local news
programming from KATV (ABC), assigned to the Little Rock-Pine Bluff DMA.43

Cable Carriage of In-State Broadcast Stations
o Suddenlink Communications44 is the cable operator in Columbia County where there are two
systems serving five communities (Magnolia, Waldo, Columbia, Emerson, and Talley).
These systems carry the following in-state stations assigned to the Shreveport DMA: KARK-
TV (NBC), KATV (ABC), KETG (PBS), and KTAL-TV (NBC).
o Hempstead County has two cable systems: Allegiance, serving Hempstead and other parts of
the county, and Hope Community TV.45 There are two systems serving three communities
(Hope, Washington, and Fulton). Both systems carry in-state stations: KARK-TV (ABC),
KETG (PBS), KTAL-TV (NBC), KTHV (CBS), and KTSS-LP (IND), assigned to the


43 DIRECTV offers this news programming under a private copyright agreement brokered during congressional
consideration of STELA. See Ross Jan. 25, 2011 Ex Parte Letter. See also DIRECTV Comments at 2 n.3.
44 Suddenlink Communications, http://www.suddenlink.com/television/lineup.php.
45 Warren Factbook; Hope Community TV, http://www.hopecabletv.com/content/channellistings.aspx.
71

Federal Communications Commission

DA 11-1454

Shreveport DMA. In addition, Hope Community TV carries in-state station KATV (ABC),
also assigned to the Shreveport DMA.
o Allegiance Communications46 and Suddenlink Communications are the cable operators in
Howard County where there are three systems serving four communities (Nashville, Mineral
Springs, Dierks, and Center Point). These cable operators provide the following in-state
stations assigned to the Shreveport DMA: KARK-TV (NBC), KATV (ABC), KETG (PBS),
KTAL-TV (NBC), KTHV (CBS), and KTSS-LP (IND).
o Alliance Communications47 is the cable operator in Lafayette County where there is one
system serving three communities (Stamps, Lewisville, and Buckner). This system carries
the following in-state stations assigned to the Shreveport DMA: KATV (ABC), KETG
(PBS), and KTAL-TV (NBC).
o New Wave Communications48 is the cable operator in Little River County where there is one
system serving two communities (Ashdown and Little River). This system carries the
following in-state stations assigned to the Shreveport DMA: KARK-TV (NBC), KATV
(ABC), KETG (PBS), and KTSS-LP (IND).
o Miller County has two cable systems: Cable One, which serves the community of Miller and
portions of the county,49 and Rapid Communications, LLC, which serves Fouke.50 Both
systems carry in-state station KLFI-LP, a Class A station assigned to the Shreveport DMA.
In addition, both systems carry the following two in-state stations assigned to the Little Rock
DMA: KATV (ABC) and KETG (PBS), a satellite of KETS (PBS) also assigned to the
Little Rock DMA.
o Allegiance Communications is the cable operator in Sevier County where there is one system
serving three communities (De Queen, Horatio, and Sevier). This system carries the
following in-state stations assigned to the Shreveport DMA: KARK-TV (NBC), KATV
(ABC), KETG (PBS), and KTHV (CBS).

XII.

Spokane DMA

: Idaho County Idaho, and Wallowa County Oregon are assigned to the Spokane
DMA, based in Washington. The Spokane DMA is also comprised of nine other Idaho counties, one
Montana County, and 12 Washington counties. In this case study we focus on Idaho County and
Wallowa County.


46 Allegiance Communications, Inc., http://www.allegiance.tv/index.php/.
47 Alliance Communications, http://alliancecable.net/.
48 New Wave Communications, http://www.newwavecom.com/cable/pdfs/ashdown.pdf.
49 2010 FCC Form 325.
50 Warren Factbook; Southwest Arkansas Telephone Cooperative, Inc.,
http://www.swat.coop/lineups/expanded.htm.
72

Federal Communications Commission

DA 11-1454

A.

Idaho County Idaho

.51

In-State Broadcast Stations Received Over the Air
o On average, households in Idaho County receive 0.6 in-state, full-power stations over the air
and 2.48 in-state stations including full-power stations, translators, low-power stations, and
Class A stations. Within Idaho County, KLEW-TV (CBS), assigned to the Yakima DMA, is
significantly viewed. KLEW-TV is a satellite of KIMI-TV, a Washington station assigned to
the Yakima DMA.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV offer local-into-local service to the Spokane DMA. They both
offer the following two in-state stations as part of this service, KCDT (PBS), assigned to the
Spokane DMA, and satellite station KLEW-TV (CBS), assigned to the Yakima DMA (as is
its parent station KIMI-TV).52

Cable Carriage of In-State Broadcast Stations
o Idaho County has two cable systems: Elk River Cable TV Co., which serves Riggins, and
Suddenlink Communications, which serves Grangeville. From the Spokane DMA,
Suddenlink Communications carries KLEW-TV (CBS) (satellite of KIMI-TV in Yakima) and
KUID-TV (PBS).53 Elk River Cable TV Company carries the following stations assigned to
the Boise DMA: KAID (PBS), KBOI-TV (CBS), KTVB (NBC), and KIVI-TV (ABC).54
Commenters claim, however, that due to signal quality issues, the Idaho station signals are
not watchable in Riggins even on the cable system, leaving DBS as the only option for good
quality reception of Idaho stations.55

B.

Wallowa County Oregon

56

In-State Broadcast Stations Received Over the Air
o On average, households in Wallowa County receive 0.93 in-state, full-power stations over the
air and 1.87 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Wallowa County has no significantly viewed stations.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV offer local-into-local service to the Spokane DMA. Neither offers
any Oregon stations as part of this service.57


51 Commenters note that while the Spokane DMA is in the Pacific Time Zone, this central Idaho County is in the
Mountain Time Zone. Comments of C.M. "Chuck" Vogelsong (Mar. 7, 2011); Comments of Clyde Hirst (Feb. 10,
2011). Washington State Association of Broadcasters claims that stations licensed to Spokane provide coverage of
news and programming issues responsive to the counties they serve in Idaho. Washington State Association of
Broadcasters Reply at 8-9.
52 DISH states that there is a CBS affiliate, with a community of license in Idaho, assigned to the Spokane DMA that
it is allowed to retransmit under copyright law. DISH Comments at 5 (citing 17 U.S.C. 122(a)(1); 119(d)(11)).
This station appears to be KLEW-TV, Lewiston, Idaho.
53 Warren Factbook.
54 Id.
55 Comments of C.M. "Chuck" Vogelsong (Mar. 7, 2011).
56 Oregon Public Broadcasters Comments at 2.
73

Federal Communications Commission

DA 11-1454


Cable Carriage of In-State Broadcast Stations
o Wallowa County is served by the Almega Cable system, which provides cable service to
multiple communities within this county. It carries the following in-state stations assigned to
the Bend, OR DMA: Class A station KFXO-LP (FOX), KOAB-TV (PBS), KTVZ (NBC),
and digital multicast signal KTVZ-D2 (CW). Almega also carries the following in-state
station assigned to the Portland DMA: KATU (ABC) and KOIN (CBS). Almega also carries
in-state station KEZI (ABC), assigned to the Eugene DMA.

XIII.

Yakima-Pasco-Richland-Kennewick DMA:

Umatilla County Oregon is assigned to the Yakima-
Pasco-Richland-Kennewick DMA, based in Washington. The Yakima-Pasco-Richland-Kennewick DMA
is also comprised of five Washington counties.

In-State Broadcast Stations Received Over the Air
o On average, households in Umatilla County receive 1.06 in-state, full-power stations over the
air and 3.05 in-state stations including full-power stations, translators, low-power stations,
and Class A stations. Umatilla County has no significantly viewed stations.

DBS Carriage of In-State Broadcast Stations
o Both DISH and DIRECTV offer local-into-local service to the Yakima-Pasco-Richland-
Kennewick DMA. DISH does not offer any Oregon stations as part of this service.
DIRECTV offers in-state station KFFX-TV (FOX) as part of its service. This station,
however, is a satellite of Washington station KYCU-LD, assigned to the Yakima DMA.58

Cable Carriage of In-State Broadcast Stations
o Umatilla County has one cable system, Falcon Community Cable L.P. This system carries
one in-state station, KFFX-TV (FOX).59 This station, however, is a satellite of Washington
station KYCU-LD, assigned to the Yakima DMA.
(Continued from previous page)


57 Oregon Public Broadcasting comments that DBS subscribers in these counties do not receive the service of its
stations as part of their local-into-local service and, thus, do not have access to their coverage of state-wide
elections, educational and other state programming. Id.
58 Id. (stating that neither DBS operator carries an Oregon noncommercial station in the Yakima DMA.) However,
Washington State Association of Broadcasters asserts that the broadcast stations licensed to Yakima provide a
significant amount of coverage of Umatilla County, which represents 25 percent of the households in the DMA,
according to one estimate. Washington State Association of Broadcasters Reply at 6-8.
59 2010 FCC Form 325.
74

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.