FCC Record, Volume 28, No. 4, Pages 2764 to 3699, March 18 - March 29, 2013 Page: 2,846
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may therefore submit the average of the two sweep periods for each year. If, however, a petitioner
submits more than two sweep periods, in addition to the average or combined audience shares for the
year, it must also include the separate sweep data for each individual sweep period used. This ensures
that the reported audience results data are not skewed by the choice of sweep periods.
5. As described above, KTVO seeks a waiver of KCCI, KCRG and KGAN's significantly
viewed statuses which exempts these stations from KTVO's network nonduplication and syndicated
exclusivity rights in two communities. As part of its waiver petition, KTVO argues KCCI is no longer
significantly viewed in the community of Bloomfield, Iowa, and that KCRG and KGAN are no longer
significantly viewed in Fairfield, Iowa.20 KTVO, operating out of Kirksville, Missouri, carries ABC
affiliated broadcast television network programming on its primary stream and CBS network
programming on its digital multicast stream, whereas KCCI-TV is a CBS affiliate licensed to Des
Moines, Iowa in the Des Moines-Ames DMA, while KCRG-TV is an ABC affiliate and KGAN is a CBS
affiliate, both licensed to Cedar Rapids, Iowa in the Cedar Rapids-Waterloo-Iowa City-Dubuque DMA.2'
KMVT argues it would normally be entitled to assert network nonduplication and syndicated exclusivity
protection against other CBS and ABC affiliates such as KCCI, KCRG and KGAN, but because the latter
are considered significantly viewed, cable systems in Bloomfield and Fairfield are not required to delete
the network and syndicated programming offered by KCCI, KCRG and KGAN.22
6. To demonstrate that KCCI, KCRG and KGAN no longer meet the significantly viewed
standard in the communities at issue, KTVO commissioned surveys by Nielsen that measured over-the-
air viewing using diaries from noncable/non-ADS homes based on the zip codes for Bloomfield and
Fairfield.3 As shown in the following tables reproduced from KTVO's Petition, the submitted data are
averages of two four-week audience sweep periods in each of two years.24 Both for Bloomfield and
Fairfield, the first year's audience estimates were derived from February 2010 and May 2010 audience
sweep data, combined, and the second year's estimates from February 2011 and May 2011.25 These
surveys satisfy the requirement that petitioners provide a showing of significantly viewed status for each
station based on two one-week surveys, separated by at least 30 days, of non-cable/non-ADS homes
conducted by an independent audience survey firm for two consecutive years.26
TABLE I - KCCI VIEWING IN BLOOMFIELD
20 Petition at 1-2.
21 Id. at 1-2
22 Id. at 3. KCCI, KCRG and KGAN were included in the Commission's 1972 list of significantly viewed signals.
23 Id. at Attachment 1, Nielsen Report at 1.
24 See id.
26 47 C.F.R. 76.54(b). The Bureau previously determined that substituting data from one four-week sweep period
for the one-week period specified in the rules is acceptable.
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/m1/99/: accessed December 14, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.