FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,880
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market. It states that WRC-TV, licensed to Washington, DC (Facility ID No. 47904), is the primary NBC
affiliate and that the digital service contours of these two stations cover different areas, overlapping only
6. Second, WHAG argues that its location in the Washington, DC DMA - currently the eighth
ranked DMA in the country" - does not reflect market realities, but is instead the result of historical
happenstance. WHAG states that its service area has always been Hagerstown, Maryland - a small
market," and that, prior to 1996, Arbitron had ranked Hagerstown as the 192nd-ranked television market
based on the number of households it served.'6 However, after Arbitron ceased publication of its
television market rankings, the Commission switched to relying on DMA studies prepared by The Nielsen
Company for purposes of calculating regulatory fees and for determining local markets for cable carriage
rights."? This resulted in Hagerstown and WHAG being reassigned to the then-seventh ranked market, the
Washington, DC DMA.'8 Accordingly, WHAG argues that it remains a small market station even though
it is assigned to a top 50 DMA.
7. WHAG further asserts the Commission recognized it as a small market station when in 1998
it granted WHAG's request that it pay regulatory fees in accordance with those assessed upon "remaining
market stations" - i.e., stations not in the top 100 television markets as determined by Nielsen - as
opposed to the fees applicable to stations assigned to the Washington, DC DMA.'9 WHAG states that in
so deciding the Commission relied upon the Television and Cable Factbook 1997, which indicated that
the number of DMA television households served by WHAG was "equivalent [to] a remaining market
station."20 WHAG adds that the Television & Cable Facibook 2012 currently shows that each of the six
stations licensed to Washington, DC serves over 2.3 million households in the Washington, DC DMA,
whereas WHAG serves less than a quarter of that number of households in the same DMA.21
8. Finally, WHAG argues that, as a small market station, it has limited staff available both to
SId. at 1.
14 See Television & Cable Factbook 2012 at A-i.
1s Waiver Request at 2.
16 Id. Each county in the United States is allocated to a market. Section 614(h)(X)(C) of the Communications Act,
as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the
Commission by regulation or order using, where available, commercial publications which delineate television
markets based on viewing patterns. See 47 U.S.C. 534(hX)()(C). At the time the Commission implemented the
1992 Cable Act, it relied on Arbitron Rating Co.'s assignment of counties to Areas of Dominant Influence ("ADIs").
See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal
Carriage Issues, MM Docket. No. 92-259, Report and Order, 8 FCC Rcd 2965, 2975, 37 (1993) (implementing
the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460
'7 The Commission switched to using Nielsen's DMAs for purposes of assessing regulatory fees on television
stations in 1996. In the Matter of Assessment and Collection of Regulatory Fees for Fiscal Year 1996, MD Docket
No. 96-84, Report and Order, 11 FCC Rcd 18774, 18786, 1 30-32 (1996).
1A Waiver Request at 2.
19 Id at 2 & n.3 (citing Fee Decisions of the Managing Director Available to the Public, Public Notice, DA 98-2009,
13 F.C.C.R. 20357 (Oct. 9, 1998) (granting request for reduction of FY 1997 regulatory fee and for reconsideration
of a letter ruling dated July 30, 1997 for WHAG-TV at Hagerstown, MD (June 2, 1998)).
2o Id. at 2 & n.4 (citing Letter from Thomas M. Holleran, Acting Associate Managing Director of Operations, FCC,
to Melodie A. Virtue, Counsel for WHAG (undated)).
21 Id at 2 & n.5 (citing Television & Cable Factbook 2012, A-3, A-255-60, A-608).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/47/: accessed February 17, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.