Sec. 76.54 Significantly viewed signals; method to be followed for
special showings.
(a) Signals that are significantly viewed in a county (and thus are
deemed to be significantly viewed within all communities within the
county) are those that are listed in Appendix A of the memorandum
opinion and order on reconsideration of the Cable Television Report and
Order (Docket 18397 et al.), FCC 72-530.
(b) Significant viewing in a cable television community for signals
not shown as significantly viewed under paragraph (a) or (d) of this
section may be demonstrated by an independent professional audience
survey of non-cable television homes that covers at least two weekly
periods separated by at least thirty (30) days but no more than one of
which shall be a week between the months of April and September. If two
surveys are taken, they shall include samples sufficient to assure that
the combined surveys result in an average figure at least one standard
error above the required viewing level. If surveys are taken for more
than 2-weekly periods in any 12 months, all such surveys must result in
an average figure at least one standard error above the required viewing
level. If a cable television system serves more than one community, a
single survey may be taken, provided that the sample includes non-cable
television homes from each community that are proportional to the
population.
(c) Notice of a survey to be made pursuant to paragraph (b) of this
section shall be served on all licensees or permittees of television
broadcast stations within whose predicted Grade B contour the cable
community or communities are located, in whole or in part, and on all
other system community units, franchisees, and franchise applicants in
the cable community or communities at least (30) days prior to the
initial survey period. Furthermore, if a survey is undertaken pursuant
to the provisions of Sec. 76.33(a)(2)(i) of the rules, notice shall also
be served on the franchising authority. Such notice shall include the
name of the survey organization and a description of the procedures to
be used. Objections to survey organizations or procedures shall be
served on the party sponsoring the survey within twenty (20) days after
receipt of such notice.
(d) Signals of television broadcast stations not encompassed by the
surveys (for the periods May 1970, November 1970 and February/March
1971) used in establishing appendix B of the Memorandum Opinion and
Order on Reconsideration of Cable Television Report and Order, FCC 72-
530, 36 FCC 2d 326 (1972), may be demonstrated as significantly viewed
on a county-wide basis by independent professional audience surveys
which cover three separate, consecutive four-week periods and are
otherwise comparable to the surveys used in compiling the above-
referenced appendix B: Provided, however, That such demonstration shall
be based upon audience survey data for the first three years of the
subject station's broadcast operations.
[ 37 FR 3278 , Feb. 12, 1972, as amended at 37 FR 13866 , July 14, 1972; 40 FR 48930 , Oct. 20, 1975; 41 FR 32429 , Aug. 3, 1976; 42 FR 19346 , Apr.
13, 1977; 53 FR 17051 , May 13, 1988; 56 FR 33392 , July 22, 1991]
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