to both the establishment and maintenance of broadcast services and the provision of multiple reception services." The NAB standard would thus omit consideration of the provision of multiple reception services, and would limit Commission consideration to the establishment and maintenance of multiple broadcast services. The standard urged by the Commission in H.R. 13286 reflects the policy judgment made in the Second Report and Order and its accompanying rules (31 F.R. 4540) and also, specifically, the valuable contribution to the public interest which community antenna systems provide. The Commission believes that H.R. 13286 is therefore preferable to the NAB version of section 331 (a) (1) in this respect. Thirdly, the NAB would modify proposed section 331(b) by requiring a community antenna system to transmit simultaneously the programs it receives, and by deleting the clause in H.R. 13286 which authorizes the Commission to make limited exceptions to the general prohibition against program orgination. The Commission has no objection to a requirement for simultaneous reception and distribution of broadcast signals by the community antenna system. Such a requirement would reflect the present operating practice of community antenna systems. Further, the Commission would regard a delayed transmission by a system as a program origination, and we do not contemplate that such originations would be authorized under the proposed section 331(b) of H.R. 13286. However, the Commission does not believe it desirable to delete its authority to authorize limited classes of program origination by general rule. In addition to possible constitutional questions which might be raised by an absolute prohibition against any and all program origination, the Commission also believes that it may well be in the public interest for community antenna systems to originate certain types of program material. See page 4 of FCC 66-208, the legislative proposal submitted by the Commission. We therefore urge that the limited discretion accorded the Commission in H.R. 13286 should be retained. Finally, the NAB amendment would add a new section 332 which would require a community antenna system to receive the express authority of the broadcast station whose signals it transmits. This provision is similar to the present requirement of section 325(a) of the Communications Act of 1934, as amended, 47 U.S.C. 325(a), which prohibits any broadcasting station from rebroadcasting the program of another broadcasting station without the express authority of the originating station. As the Commission stated in its statement on H.R. 13286 presented before the committee on March 22, 1966, we believe this is an area which should be specifically considered by Congress, although the Comission could impose such a requirement under the general authority of H.R. 13286. The Commission does not have a record which would indicate whether such an approach would be effective or what its precise effect on the public interest would be. As we noted in our statement, the adoption of such an approach would also require consideration of copyright questions, and Congress might wish to consider it in connection with pending copyright proposals. In this way, there could be Congressional consideration of how such a retransmission consent provision would function as a practical matter, and whether there should be special provisions for the community antenna systems operating in a small community. The proposed redraft submitted by the Association of Maximum Service Telecasters would also amend section 331(a) (1) in the same manner as the proposal of the NAB, and the comments above on this change apply to this part of the AMST proposal. The AMST draft would also change section 331(a)(2). This section as proposed in H.R. 13286 would give the Commission authority to make rules exempting community antenna systems from regulation where regulation is unnecessary "because of the size or nature of the systems so exempted." The AMST proposal would change this language to read, "because of the number or nature of the subscribers of the systems so exempted." The Commission's purpose under H.R. 13286 was to exempt systems which are so small that no regulation is needed, and under the Commission's rules, systems are exempt which serve fewer than 50 subscribers or only apartment houses under common management. It would appear that under either version, the Commission's or AMST's, the same purpose could be achieved. Finally, the AMST proposal would amend proposed section 331(b) essentially as would the NAB proposal, and the comments set forth above on this change are also applicable to the AMST proposal. The AMST proposal would not otherwise change H.R. 13286. The Commission appreciates this opportunity to comment on these two proposed revisions of the pending legislation. This letter was adopted by the Commission on May 11, 1966. Commissioner Bartley has issued a separate statement which is attached. By direction of the Commission: ROSEL H. HYDE, Acting Chairman. STATEMENT OF COMMISSIONER ROBERT T. BARTLEY In light of the testimony and conflicting views presented during the House committee hearings on H.R. 12914 and H.R. 13286, I am even more firmly convinced that CTAV legislation should be limited to the recommendation in my statement of March 22, 1966, to the committee. I would limit CATV legislation to a prohibition of program origination by antenna systems so that there would be no mixing of antenna systems and closed-circuit systems; and with this proscription, there would be no Commission rules promulgated or any jurisdiction conferred on the Commission for regulation of such systems. SIXTH REPORT AND ORDER The Sixth Report and Order (1 Pike & Fischer R. R. 91:601 (pt. 3)) released April 14, 1952, terminated proceedings instituted on May 6, 1948, for the purpose of developing a plan for the assignment of television channels throughout the United States. It also ended a "freeze" on applications for new television stations imposed September 30, 1948. This "freeze order" provided, among other things, that no new or pending applications for the construction of new television stations would be acted upon by the Commission. The rationale for the use of a table of assignments for television service is set forth in paragraph 13: "A table of assignments makes for the most efficient technical use of the relatively limited number of channels available for the television service. It protects the interests of the public residing in smaller cities and rural areas more adequately than any other system for distribution of service and affords the most effective mechanism for providing for noncommercial eductional television." In proposing the use of a table for frequency assignments the Commission said that it had "* * * endeavored to meet the twofold objective set forth in sections 1 and 307(b) of the Communications Act of 1934, to provide television service, as far as possible to all people of the United States and to provide a fair, efficient and equitable distribution of television broadcast stations to the several States and communities." In attempting to carry out these objectives, the Commission set forth certain principles, in terms of priorities: "Priority No. 1: To provide at least one television service to all parts of the United States. "Priority No. 2: To provide each community with at least one television broadcast station. "Priority No. 3: To provide a choice of at least two television services to all parts of the United States. "Priority No. 4: To provide each community with at least two television broadcast stations. "Priority No. 5: Any channels which remain unassigned under the foregoing priorities will be assigned to the various communities depending on the size of the population of each community, the geographical location of such community, and the number of television services available to such community from television stations located in other communities." (1 Pike & Fischer R.R. 91:601 at 620.) To carry out these principles the Commission, with few exceptions, made the following assignments based on population: 1950 population of cities-Center city: 1,000,000 and above. 250,000 to 1,000,000_ 50,000 to 250,000. Under 50,000. Number of channels 6 to 10. 4 to 6. 2 to 4. 1 to 2. Variations were made in instances where other factors entered into the determination. For instance in paragraph 77, the Commission concluded that larger cities should be assigned more VIIF channels than communities comprising few people. In order to make the assignment table feasible, certain engineering criteria were established. These were: 1. Establishment of two grades of service-grade A and grade B: Grade A service was defined as a "quility acceptable to the media observer is expected to be avaialble for at least 90 percent of the time at the best 70 percent of receiver locations at the outer limits of this service." For grade B service, the figures are 90 percent of the time and 50 percent of the locations (paragraph 97 of the sixth report). 2. Elimination of interference between stations: In order to guard against interference between stations on the same channel, the Commission divided the country into three zones for the purpose of establishing minimum mileage separations between the locations of such stations. The three zones were based on density of population_with_the most populated zone allowed shorter distances than sparser areas. Zone I encompasses the Middle Atlantic, Northeast and parts of the Mid-West areas. Zone III covers the Southern States, and Zone II includes the parts of the United States not covered by the other zones. The separations for each zone are: Concerning interference between stations on adjacent as opposed to the same channels the sixth report set uniform standards for the United States as follows: VHF-60 miles between adjacent channels. UHF-55 miles between adjacent channels. The Commission's authority to implement the provisions of the sixth report and order was upheld in Logansport Broadcasting Corp. v. U.S. 210 F. 2d 24 (1954); People Broadcasting Co., v. U.S. 209 F. 2d 286 (1953); Coastal Bend Television Co. v. FCC, 234 F. 2d 686 (1956). ALL CHANNEL RECEIVER LEGISLATION In 1962 Congress passed the "all channel receiver" bill (Public Law 87-529, 76 Stat. 150, 1962). This legislation authorized the Commission to require that all television sets shipped in interstate commerce be equipped with both a VHF and a UHF tuner (47 U.S.C. 303(s)). Service in the UHF band was not developing rapidly enough and this bill was designed to foster the development of UHF television as a means for full implementation of the system of assignments established by the sixth report. Congress felt that effective use of UHF stations was the most orderly means of implementing the provisions of the Communications Act. GLOSSARY OF TERMS CONCERNING COMMUNITY ANTENNA TELEVISION SYSTEMS American Research Bureau: A television research organization using a diary technique covering both national and local areas. Data supplied includes onefourth-hour ratings, sets in use, total audience, audience composition, viewers per set, etc. Measures television viewing market size rather than population of cities and metropolitan areas, as does Bureau of the Census. Carriage: The carrying on the community antenna television system of a program being broadcast by a television broadcast station. CATV and the use of microwave: Microwave: A method whereby television signals may be transported from one place to another. Microwave community antenna television system: A community antenna television system which receives boadcast signals from a distant antenna tower by means of point-to-point over-the-air hops. Nonmicrowave, or off-the-air, community antenna television system: A community antenna system which receives broadcast signals directly off the air by means of a receiving antenna. Contours: Grade A contour: The calculated line surrounding an area in which a good picture is normally available at least 90 percent of the time at the best 70 percent of receiver locations. The grade A contour extends about 38 miles for UHF stations with average power and 36 to 44 miles for VHF stations at maximum power, assuming no interference. Grade B contour: The calculated line surrounding an area in which a good picture is normally available at least 90 percent of the time at the best 50 percent of receiver locations. The grade B contour extends about 50 miles for UHF stations with average power, and 70 to 80 miles for VHF stations at maximum power, assuming no interference. Principal city contour: The area within which the signal has the strength required by the Commission's rules to be afforded the principal city to which the station is assigned. The principal city contour extends about 31 miles for UHF stations with average power, and 28 to 36 miles for VHF stations at maximum power, assuming no interference. Delayed network broadcast: A network program carried at a later time than the time it is scheduled by the network. The program may be recorded by the station on tape or film for later broadcast, or it may be shipped by the network to the station on tape or film. Distant signal: The signal of a television broadcast station beyond the grade B contour of that station. Exclusivity: The contractual right to be the sole exhibitor of a program in a particular area during a particular period of time. Feature films: All motion picture theatricals intended originally for theater use, regardless of whether they are run full length or cut to prescribed time segments. First report and order in docket Nos. 14895 and 15233: The decision of the Commission released on April 23, 1965, in the community antenna television proceeding. Fragmentation of audience: The concept of the division of the viewing audience of local stations by the introduction of additional television signals. Independent station: A television station which is not affiliated with any national television network organization. "Leapfrogging": Generally used for carriage by a community antenna television system of a more distant network affiliate's signals in place of a closer station affiliated with the same network. Local station: For purposes of the Commission's rules, a local television station is a television broadcast station which places a grade B or better signal over the area in which the community antenna television system operates. Net programing: The programing supplied by a national television network organization to its affiliates. The affiliate is usually paid for its time. Nonduplication: Not carrying on the community antenna television system from another television broadcast station the same program being broadcast by a local television broadcast station. Same-day nonduplication: Not carrying on the community antenna television system from another television broadcast station the same program being broadcast that day by a local television broadcast station. Fifteen-day before-and-after nonduplication: Not carrying on the community antenna television system from another television broadcast station, within 15 days before or after local broadcast, a program broadcast or to be broadcast by a local television broadcast station. Substantially duplicated as defined by the FCC: The term "substantially duplicated" means regularly duplicated by the network programing of one or more stations, singly or collectively, in a normal week during the hours of 6 to 11 p.m., local time, for a total of 14 or more hours. Prime time network program: The FCC defines a prime time network program as a program presented by a network between 6 and 11 p.m., eastern time. Prime time hours for local stations may differ because of the time zones. Program origination: Presenting a program on the community antenna television system which has been originated by the system. For purposes of this definition, any program is an origination which has not been received from a broadcast station and simultaneously carried over the community antenna television system. Second report and order in docket Nos. 14895 and 15233: The decision of the Commission released on March 8, 1966, in the community antenna television proceeding. Seiden report: A report prepared for the Commission in 1965 by Dr. Martin H. Seiden, entitled "An Economic Analysis of Community Antenna Television Systems and the Television Broadcasting Industry." Syndicated films: Films produced specially for television including travelogs, cartoons, musicals, varieties, comedies, serials, documentaries, etc. Syndicated program: A program purchased by a number of television stations on a nonnetwork basis. It may be either a syndicated film or a feature film. Television translator station: A station in the broadcasting service which retransmits the signals of a television broadcast station without altering any characteristic of the signal except its frequency or amplitude. UHF channels: The ultra high frequency part of the spectrum allocated for television broadcasting, comprising channels 14 through 83. VHF channels: The very high frequency portion of the spectrum allocated to television, comprising channels 2 through 13. Rank 123456 7 8 TV market rankings according to ARB total net weekly circulation, 1965 9 Pittsburgh, Pa. 10 Washington, D.C.. 11 Baltimore, Md.. 12 St. Louis, Mo. 13 1, 167, 600 996, 900 818,300 811, 100 Hartford-New Haven, Conn. 15 Dallas-Fort Worth, Tex. 16 Cincinnati, Ohio. 20 Miami, Fla.. 24 Kansas City, Mo.. 26 Toledo, Ohio. Sacramento-Stockton, Calif. Columbus, Ohio. 31 Wheeling, W. Va.-Steubenville, Ohio. 32 Tampa-St. Petersburg, Fla. Portland, Oreg. Albany-Schenectady-Troy, N.Y. Grand Rapids-Kalamazoo, Birmingham, Ala. 40 Denver, Colo. 52 357,100 53 348,800 54 346, 300 55 338,400 56 332,100 319,600 316, 300 60 Roanoke, Va. 306,800 62 Phoenix, Ariz 306,500 63 Salt Lake City-Ogden-Provo, Utah.. 297,900 |