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]