FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,843
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Barrington Kirksville Licensee LLC )
KTVO, Kirksville, Missouri ) CSR-8648-N
) Docket No. 12-151
Petition For Waiver of Section 76.92(f) )
of the Commission's Rules )
MEMORANDUM OPINION AND ORDER
Adopted: March 18, 2013 Released: March 18, 2013
By the Senior Deputy Chief, Policy Division Media Bureau:
1. Barrington Kirksville License, LLC, licensee of station KTVO-TV, Kirksville, Missouri
("KTVO"), filed the above captioned petitions seeking a waiver of the rules that preclude cable operators
from deleting the duplicate programming of "significantly viewed" stations under the network
nonduplication rules ("exclusivity rules").2 KTVO is affiliated with the ABC broadcast television
network on its primary stream and with the CBS broadcast television network on its digital multicast
stream and the station serves the Ottumwa-Kirksville Designated Market Area ("DMA").3 KTVO seeks
to enforce its exclusivity rights in Bloomfield, Iowa against KCCI-TV, a CBS affiliate licensed to Des
Moines, Iowa, and against KCRG-TV an ABC affiliate and KGAN a CBS affiliate in Fairfield, Iowa -
the latter two licensed to Cedar Rapids, Iowa.4 Oppositions to this petition have been filed on behalf of
Citizens Mutual Telephone Cooperative ("Citizens"), solely with respect to KCCI's duplicative
programming in Bloomfield, and on behalf of the Local Internet Service Company, Inc. ("LISCO") with
respect to KCRG and KGAN in Fairfield, and KTVO replied.5 As discussed below, we grant KTVO's
1 Petition for Special Relief by KTVO filed May 31, 2012 ("Petition").
2 47 C.F.R. 76.92(f). Although not expressly requested in KTVO-TV's petition for waiver of Section 76.92(f)
(significantly viewed exception to cable network nonduplication), the same showing - that a station is no longer
significantly viewed in the relevant community, would also apply to a waiver of Sections 76.122(j) (significantly
viewed exception to satellite network nonduplication) with respect to carriage on DBS systems. See 47 C.F.R.
76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 U.S.C. 340(a)(2) and 340(c).
3 Petition at 1 & 3.
4 Id. at 1-2
5 Opposition to Petition for Special Relief by Citizens, filed June 28, 2012 (Citizens Opp.); Opposition of LISCO to
Petition for Special Relief, filed July 9, 2012 ("LISCO Opp."); see also Reply to Citizens Mutual Telephone
Cooperative's Opposition to Petition for Special Relief, filed July 9, 2012 ("Reply to Citizens"); Reply to Opposition
of LISCO to Petition for Special Relief, filed July 19, 2012 ("Reply to L1SCO").
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013, book, March 2013; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc177414/m1/96/: accessed April 26, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.