FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,030
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notice should indicate the surveying organization, the methodology used to calculate the viewing shares
(e.g., a description of the process used to re-tabulate the information in an existing database), the manner
in which the communities (and/or zip codes) were selected, and the survey periods used."9 Notification to
interested parties before the purchase of Nielsen data allows a petitioner to correct any errors or clarify
issues related to the methodology before the data are purchased and the petition is actually filed and,
perhaps, avoid the filing of oppositions. Finally, we note that the manner in which surveys based on
sweep periods are averaged, remains the same as for weekly surveys.20 A petitioner may therefore submit
the average of the two sweep periods for each year. If, however, a petitioner submits more than two
sweep periods, in addition to the average or combined audience shares for the year, it must also include
the separate sweep data for each individual sweep period used. This ensures that the reported audience
results data are not skewed by the choice of sweep periods.
5. Petitioners seek a waiver of the significantly viewed exception so that they may enforce
their network nonduplication and syndicated exclusivity rights against stations KNBC and KCBS-TV for
the communities of Palm Springs, Indio, Cathedral City, Coachella, and Desert Hot Springs, California.1
KNBC and KCBS-TV are considered to be significantly viewed in the portion of Riverside County,
California, designated "Riverside Central," where the subject communities are located.22 KESQ-TV and
KMIR-TV are licensed to a community in the Palm Springs, California DMA, while KNBC and KCBS-
TV are licensed to a community within the Los Angeles, California DMA.23
6. Petitioners maintain that KNBC and KCBS-TV no longer meet the significantly viewed
standard in the subject communities and, as proof, submit the results of special community-specific
surveys conducted by The Nielsen Company.24 Petitioners state that Nielsen conducted a special
tabulation of over-the-air viewing using diaries from noncable/non-ADS homes for specified zip codes
identified for the communities.25 The submitted data are averages of two four-week audience sweep
periods in each of two years. The first year's survey audience estimates were derived from February
2007 and November 2007 audience sweep data, combined, and the second year's estimates from the
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days prior to the initial survey period."
20Section 76.54(b) states that "[i]f 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 levels. 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."
2Petition at 1.
I23d. Petitioners note that the Commission previously granted waiver requests that determined that Los
Angeles TV station KABC-TV, KCOP-TV, KTTV(TV) and KTLA(TV) were not significantly viewed in the
communities of Cathedral City, Coachella, Desert Hot Springs, Indio, Mecca, Palm Desert and Palm Springs,
California. See e.g., Gulf-Cafornia Broadcast Company, 24 FCC Red 2738 (2009); Gulf-California Broadcast
Company, 24 FCC Rcd 2747 (2009).
"2Id. at Appendix A.
25Id. Nielsen defines Alternative Delivery Source ("ADS") to include the following technologies: satellite
(C-Band), DBS (Ku-Band), SMATV (master antennae), and MMDS (includes multi-channel multi-point and mult-
point distribution service). Thus, noncable/non-ADS homes are those that do not subscribe to an MVPD, and view
the broadcast signal in question off-air. See Nielsen at http://www.nielsenmedia.com/glossary/.
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/m1/54/: accessed July 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.