FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,035
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reliance on the mathematical concept of standard error in this case cannot cure the statistical deficiencies
inherent in the instant submission.4' Time Warner asserts that reliance on standard error is only
appropriate in cases with reasonably-sized samples that attempt to estimate events that are not rare.43
Time Warner maintains that, given these small sample sizes, Petitioners have failed to meet their high
burden of proof to establish that KNBC and KCBS-TV are not significantly viewed in the communities."
Finally, Time Warner argues that the Commission should reject the petition because the data is rendered
suspect by a lack of information surrounding Nielsen's determinations regarding what constitutes a
"usable" diary and how "non-cable/non-ADS TV households" are defined.45 In the case of the Nielsen
data used herein, Time Warner asserts that there are a number of potential non-sampling errors that cast
doubt on the validity of the statistical analysis used to reach the conclusions asserted by the Petitioners."6
Without complete information regarding potential non-sampling errors, Time Warner concludes that it
cannot accurately evaluate the Petitioners' viewership study.
9. In reply, Petitioners state that Time Warner's opposition is flawed and fails to rebut the
evidence presented herein." Indeed, Petitioners argue that the fact that neither KNBC nor KCBS-TV
opposes the petition only supports the growing recognition that cable carriage of Los Angeles television
stations in the "distant" Palm Springs DMA is a historic anomaly that is no longer supported by the
facts.'" In this instance, it appears that Time Warner is opposing the requested waiver simply because
some of its Palm Springs-area cable subscribers - who have permanent residence in Los Angeles - have
come to rely on carriage of KNBC."0 Petitioners point out, however, that the Commission's legal
standard for such waivers is not predicated on the preferences of part-time residents' desire to view
hometown programming.5 Moreover, despite Time Warner's contention, Petitioners argue that they do
have standing in this case, both because KMIR-TV seeks to enforce its network nonduplication rights
against KNBC, but also because KESQ-TV and KMIR-TV have exclusive rights to certain syndicated
programming carried by KCBS-TV.52 Petitioners state that the fact that Time Warner currently does not
carry KCBS-TV does not preclude them from attempting to protect their syndicated exclusivity rights in
21d. at 7.
431d. Time Warner states that standard error is an appropriate technique in cases where the data has a
"normal distribution," which is displayed graphically as a bell-shaped curve. Moreover, statisticians usually look for
a 95 percent confidence level to accept a hypothesis. In order to achieve such a level, Petitioners would have needed
a sample size of at least 11 diaries. See id. at Appendix B.
44"Id. at 9.
I51d. at 10.
46Id. For instance, in a statement appended to the petition, Nielsen stated the sample source for the survey
"consisted of non-cable/non-ADS TV households returning usable television viewing diaries." See id. at Appendix
1. However, Time Warner states, Nielsen fails to expand on what makes a diary "usable" and the method by which
Nielsen makes that determination. In addition, Nielsen provides no explanation for how it determines whether or not
a household is "non-cable" or "non-ADS."
7ld. at 11.
"Reply at 2.
"Id., citing Opposition at 2.
5Id. at 3.
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/m1/59/: accessed September 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.