FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,038
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Federal CommunicationsCommissionBA 1-178 VV
of one household and not the average of a sample of households.""77 Conversely, the data submitted for
the May 2007 sweeps period was based on seven in-tab households, "a small sample but one that allows
for the calculation of an average audience share and a standard error."78 Time Warner argues that WISN
supports its primary argument that the data submitted by the Petitioners was not sufficient to make a
statistically significant conclusion about the viewing of stations KNBC or KCBS-TV in the subject
communities.79 Time Warner contends that, in this instance, Petitioners' data is even more flawed than
that at issue in WISN because they often rely upon a single in-tab household in a community during a
sweeps period (i.e., November 2007 and February 2008 for Coachella, and February 2008 for Cathedral
City).0 Moreover, Time Warner states that for several sweeps periods - February 2007 and November
2008 for Coachella, November 2007 and November 2008 for Palm Springs, and November 2007 for
Cathedral City - the data consists of only two in-tab households.8" Indeed, Time Warner points out, the
largest number of in-tab households submitted by the Petitioners for a community in any one sweeps
period was five which means that every sample submitted is less than the seven in-tab household sample
WISN found barely sufficient.82
14. In reply, Petitioners assert that the Commission's decision in WISN does not support
Time Warner's contention, but instead is clearly distinguishable from the situation herein.83 Petitioners
argue that in WISN, the opposing party provided more recent data than the petitioner, which called into
question the reliability of the originally-submitted data.84 Also, the petitioner in WISN submitted the
results of three survey periods for each year, rather than the average of two survey periods and thus was
required to submit the individual sweep period audience statistics.85 Petitioners argue that it was in the
context of examining the separate survey results in WISN that the Bureau expressed concern about the
single in-tab household."86 Petitioners maintain that, in the situation here, the number of in-tab households
for any isolated one-week sweep period is not decisionally determinative because the Commission
focuses on the average of two sweep periods for each year surveyed."7 Petitioners state that the
Commission has clearly held that where a petition present "averages" from two [Nielsen sweep periods]
surveys per year and where the number of in-tab households relied on to obtain those averages totals at
least two, the data is deemed to be reliable."8 Petitioners contend that, since the Commission's decision
in KCST-TV, the precedent to permit a petitioner to aggregate in-tab households from two separate
771d., citing WISN, 26 FCC Rcd at 4052.
79Id., citing Opposittion at 4-9.
8Id. at 2-3.
8'Id. at 3.
I21d., citing WISN, 26 FCC Rcd at 4052.
'3Reply at 3.
MId., citing WISN, 26 FCC Rcd at 4052.
851d. at 4.
87Id. at 5.
I81d. at 5-6, citing Virginia Broadcasting Corporatuon, 22 FCC Rcd 18109 (2007); Tribune Television
Company, 24 FCC Red 1622 (2009); Barrington Myrtle Beach License, LLC, 24 FCC Rcd 1628 (2009); KXAN,
Inc., 25 FCC Rcd 3307 (2010); Gulf-California Broadcast Company, 23 FCC Red 7400 (2008).
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/m1/62/: accessed January 19, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.