FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,040
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of its routine data for this purpose as well as an offer to provide the entire Nielsen Reference Supplement
that would answer the questions raised by Time Warner in this regard.93 Time Warner not only failed to
question Nielsen's methodology when it received this notice, but it also did not oppose or question Gulf
California's previous requests for waiver with respect to other Los Angeles stations in these same
communities.94 It is therefore unclear why it raises this issue now. Nielsen's editing procedures used to
decide whether information from an in-tab household is usable and its definitions are well known and
there is no reason to believe that such non-sampling errors affect the reported results here in an
unacceptable manner.95 To accept the procedures and statistical model proposed in Time Warner's
opposition would overturn the long-established methodology for the determination of significantly
viewed status or grants of waivers under the exclusivity rules pursuant to KCST-TV. Thus, we deny Time
Warner's arguments in this regard. 96
18. We find that the Petitioners made the requisite showing to support their petition. As
required by Section 76.54(b) of the rules and KCST-TV, Petitioners provided community-specific survey
results for each community for each year surveyed. In each case, the reported audience statistics were
zero. As a result, KNBC and KCBS-TV do not meet the criteria for significantly viewed status in any of
the communities. We note that these estimates are based on small samples, which was much of the focus
of Time Warner's opposition. For instance, Petitioners' showing provided audience statistics based on
between 3 and 10 in-tab households when the two survey periods were combined and individual sweep
data based on 1 and 5 in-tab households. While meeting Bureau and precedential standards for showings
that a station is no longer significantly viewed, we feel that the sample size issue merits further comment.
19. We allow petitioners to combine two survey periods and provide average audience
statistics over the two periods to increase the sample size and the reliability of the estimates. In this case,
the smallest sample used to calculate the average audience is 3 in-tab households for Coachella.97 Three
in-tab households is a small sample, but one sufficient to calculate an average. Because we allow
petitioners to combine surveys, the fact that an average cannot be calculated for an individual survey
period due to its results being based on only one in-tab household is irrelevant. We look at the average
audience statistics from the combination of the two survey periods, combining in-tab households and
audience levels. Thus, while the sample is minimal in this case, an average can be calculated and the
sample meets the requirements of the rules. On the other hand, if there are no in-tab households for one
of the survey periods, then the process of combining surveys is contrary to our intent because the
individual survey adds nothing, and the claimed average is solely the results of one survey period. In
such a case, we would reject the showing.
93See Reply to Opposition at Appendix C.
94See, e.g., Gulf-California Broadcast Company, 23 FCC Red 7406 (2008), recon. granted, 24 FCC Rcd
2738 (2009); Gulf-California Broadcast Company, 23 FCC Rcd 7400 (2008), recon. granted in part, 24 FCC Rcd
95Nielsen's Reference Supplement explains its definitions and editing procedures in detail and they have
been accepted as the industry standard.
96Time Warner is free to file a Petition for Rulemaking if it believes the Commission should abandon its
current significantly viewed methodology in favor of a more rigorous statistical method. See 47 C.F.R. 1.401.
97The reported audience for Coachella is based on 2 in-tab households in February 2007, I in-tab household
in November 2007, 1 in-tab household in February 2008 and 2 in-tab households in November 2008. In addition,
the reported audience for Cathedral City for February 2008 is based on 1 in-tab household, with 4 total number of in-
tab households used to determine for its reported 2008 average audience. See Petition at Appendix A.
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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/m1/64/: accessed January 17, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.