FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,027
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Gulf-California Broadcast Company and )
Journal Broadcast Corporation ) CSR-8186-N
Petition For Waiver of Sections 76.92(f) and )
76.106(a) of the Commission's Rules
MEMORANDUM OPINION AND ORDER
Adopted: October 21, 2011 Released: October 24, 2011
By the Senior Deputy Chief, Policy Division Media Bureau:
1. Gulf-California Broadcast Company, licensee of station KESQ-TV, Palm Springs,
California ("KESQ-TV"), and Journal Broadcast Corporation, licensee of station KMIR-TV, Palm
Springs, California ("KMIR-TV") (collectively "Petitioners"), filed the captioned joint petition seeking a
waiver of the rules that preclude cable operators from deleting the duplicate programming of
"significantly viewed" stations under the network nonduplication and syndicated exclusivity rules
("exclusivity rules").' Specifically, the Petitioners seek a waiver of the significantly viewed exception so
that they may enforce their exclusivity rights against television broadcast stations KNBC and KCBS-TV,
both located in Los Angeles, California, in the communities of Palm Springs, Indio, Cathedral City,
Coachella, and Desert Hot Springs, California? An opposition to this petition was filed on behalf of
Time Warner Cable ("Time Warner"), the cable operator serving the subject communities, to which
Petitioners replied.3 Subsequently, both Time Warner and Petitioners filed supplements to the
'47 C.F.R. 76.92(f) and 76.106(a). The express statutory prohibition in Section 341(b) of the Act,
prevents a satellite carrier from retransmitting a significantly viewed signal to subscribers in communities in the Palm
Springs DMA. 47 U.S.C. 341(b); 47 C.F.R. 76.54(k); see also Implementation of the Satellite Home Viewer
Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket
No. 05-49, Report and Order, 20 FCC Red 17278, 17320 (2005) ("SHVERA Significantly Viewed Report and
Order"). Because the stations at issue here may not be carried by a satellite carrier as significantly viewed into Palm
Springs, Gulf's waiver request is necessary and addressed only in the context of cable carriage.
Petition at 1.
3We note that in their reply, Petitioners contend that there were procedural errors with regard to the filing of
Time Warner's opposition which should result in its dismissal. Without ruling on these procedural deficiencies and
min the interests of fairness and a complete record, however, we will accept Time Warner's opposition. There is no
substantive harm to Petitioners because they have had a full and fair opportunity to respond to Time Warner's
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/51/: accessed September 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.