'Localism': Statutes and Rules Affecting Local Programming on Broadcast, Cable, and Satellite Television
‘Localism’: Statutes and Rules Affecting
Local Programming on Broadcast,
Cable, and Satellite Television
Updated January 9, 2008
Charles B. Goldfarb
Specialist in Telecommunications Policy
Resources, Science, and Industry Division
‘Localism’: Statutes and Rules
Affecting Local Programming
on Broadcast, Cable, and Satellite Television
Summary
Most broadcast television stations’ viewing areas extend far beyond the borders
of their city of license, and in many cases extend beyond state borders. Under
existing FCC rules, which are intended to foster “localism,” the licensee’s explicit
public interest obligation is limited to serving the needs and interests of viewers
within the city of license. Yet, in many cases, the population residing in the city of
license is only a small proportion of the total population receiving the station’s
signal. Hundreds of thousands of television households in New Jersey (outside New
York City and Philadelphia), Delaware (outside Philadelphia), western Connecticut
(outside New York City), New Hampshire (outside Boston), Kansas (outside Kansas
City, Missouri), Indiana (outside Chicago), Illinois (outside St. Louis), and Kentucky
(outside Cincinnati) have little or no access to broadcast television stations with city
of license in their own state. The same holds true for several rural states — including
Idaho, Arkansas, and especially Wyoming, where 54.55% of television households
are located in television markets outside the state. Although market forces often
provide broadcasters the incentive to be responsive to their entire serving area, that
is not always the case. This report provides, for each state, detailed county-by-county
data on the percentage of television households located in television markets outside
the state and whether there are any in-state stations serving those households.
The Nielsen Designated Market Areas (DMAs) also often extend beyond state
borders. Local cable operators are required to carry the broadcast signals of
television stations located in their DMA. If they are located in a DMA for which the
primary city is in another state, and most or all of the television stations in that DMA
have city of license in the other state, then the broadcast television signals they must
carry will be primarily or entirely from out of state. In some cases, they may not be
allowed to carry signals from within the state but outside the DMA to provide news
or sports programming of special interest in their state because of network non-
duplication, syndicated exclusivity, or sports programming blackout rules or because
of private network affiliation contract agreements, or may be discouraged to do so
because these signals do not qualify for the royalty-free permanent compulsory
copyright license for local broadcast signals. The Satellite Home Viewer Extension
and Reauthorization Act of 2004 expanded the scope of in-state television signals
that satellite operators are permitted (and in some cases required) to offer subscribers.
In addition to the signals of those broadcast television stations with city of license
within the DMA in which the subscriber is located (“local-into-local” service),
satellite operators may offer (subject to certain restrictions) signals from outside the
DMA if those signals are “significantly viewed” by those households in the
subscriber’s geographic area that only receive their broadcast signals over-the-air (not
via cable or satellite). In addition, satellite operators may offer certain subscribers
located in New Hampshire, Vermont, Mississippi, and Oregon certain in-state signals
from outside the subscribers’ DMA and must offer subscribers in Alaska and Hawaii
certain in-state signals. This report will be updated as events warrant. To date, four
bills on cable and satellite carriage of local broadcast television station signals have
been introduced in the 110th Congress (S. 124, S. 760, H.R. 602, and H.R. 2821).
Contents
In troduction ......................................................1
Broadcast Television...............................................5
Cable Television.................................................11
‘Must Carry’ Rules............................................11
Other Federal Rules and Laws...................................13
Flexibility in the Rules.........................................15
The Digital Transition and Local Programming.....................15
Local Franchise Requirements...................................17
Summary of Factors Affecting Local Programming on Cable...........18
Satellite Television................................................20
Issues for Congress...............................................26
Broadcaster Obligations Within the City of License..................26
Broadcaster Obligations Beyond the City of License.................29
Broadcaster Obligations and Multicasting..........................30
Increasing the Flexibility of Cable Carriage Rules ...................31
Increasing the Flexibility of Satellite Local-into-Local Programming....32
Bills Introduced in the 110th Congress.............................32
List of Figures
Figure 1. Broadcast Television Station City of License and Signal Reach......7
Figure 2. A Cable System Located in a DMA in Which the Primary City
is in Another State............................................19
Figure 3. Satellite Subscriber Whose Local Broadcast Television Stations,
as Defined by the DMA, Are in a Different State....................21
Figure 4. Broadcast Station Whose City of License Is an Outlying City
to a Major City, but Whose Signal Covers the Major City.............27
List of Tables
Table 1. Television Households in Each State That Are Located in
Designated Market Areas (DMAs) for Which the Primary
City is Outside the State........................................34
‘Localism’: Statutes and Rules Affecting
Local Programming on Broadcast,
Cable, and Satellite Television
Introduction
Many Members of Congress receive complaints from constituents that the news,
information, and even entertainment television programming available to them does
not address the needs and interests of their local community. These constituents
question, for example, why they cannot receive local news programming that focuses
on the issues of importance in their locality or state or the football games of their
state university.
Sometimes desired programming cannot be provided because of private
contractual network affiliation agreements between broadcast networks and local
broadcast station affiliates. But at other times desired programming cannot be
provided because the geographic boundaries of broadcast signal contours, audience
viewing patterns, and governmental jurisdictions do not conform with one another;
as a result, no methodology for allocating broadcast spectrum or for constructing
rules about which viewers a broadcaster’s programming must serve or which signals
cable and satellite operators must or may carry will meet the needs of all viewers or
communities.
For example, millions of U.S. television households are located in the same
metropolitan area as a major city, but across state lines from that city. Some of those
households will have a stronger affinity for programming that focuses on issues
relevant to the major city; others will have a stronger affinity for programming that
focuses on relevant state issues. Using either metropolitan area hubs or state borders
as the basis for determining the programming obligations of stations whose signals
reach beyond city borders and state borders will inevitably disappoint some
households. With or without government intervention, it is inevitable that some
viewers and some communities will feel their needs and interests are not being met.
At the same time, it may be possible to make the existing statutes and rules that affect
the television programming available to consumers more flexible in order to foster
the provision of television programming that better meets the needs of local
communities. The purpose of this report is to explain how existing statutes and rules
affect the television programming available to consumers and to discuss potential
ways to foster the provision of television programming that better meets the needs
of local communities.
Each broadcast television license is assigned a community of license, in the
form of a specific city. Most broadcast television stations’ viewing areas extend far
beyond the borders of their city of license, and in many cases extend beyond state
borders.
The local broadcast television stations that each cable system must carry are
determined by the Nielsen Designated Market Area (DMA) in which the cable
system is located. In the 1992 Cable Act, Congress amended the 1934
Communications Act to require, subject to certain exceptions, each cable system to
carry the signals of all the local full power commercial television stations “within the
same television market as the cable system,” with that market determined by
“commercial publications which delineate television markets based on viewing
patterns.”1
The DMAs represent the only nationwide commercial mapping of television
audience viewing patterns. Each county in the United States is assigned to a
television market based on the viewing habits of the residents in the county.2 Since
viewing patterns are more closely aligned with the economic markets in which
households participate than with state boundaries, some counties are assigned to
DMAs for which the primary city is in a different state. In a DMA that straddles two
states, with the major city and most of the broadcast stations located in one state, the
cable systems in the other state may find that few or none of the broadcast station
signals they must carry are from their own state.
1 47 U.S.C. § 534. Each cable system also is required to carry the signals of certain
qualified local low-power television stations (47 U.S.C. § 534) and certain qualified local
noncommercial television stations (47 U.S.C. § 535). Low-power television (LPTV) service
was created in 1982 to provide opportunities for locally-oriented television service in small
communities. These communities may be in rural areas or may be individual communities
within larger urban areas. LPTV stations are not considered “full-service” stations and have
“secondary spectrum priority” to full-service stations. This means LPTV stations must not
cause interference to the reception of existing or future full-service television stations, must
accept interference from full-service stations, and must yield to new full-service stations,
where interference occurs. LPTV stations are limited to an effective radiated power of 3
kilowatts for stations operating in the very high frequency (VHF) spectrum band and 150
kilowatts for stations operating in the ultra high frequency (UHF) spectrum band. See
footnote 11 for a brief explanation of the differences between the VHF and UHF spectrum
bands.
2 Nielsen Media Research identifies television stations whose broadcast signals reach a
specific area and attract the most viewers. According to Nielsen, “a DMA consists of all
counties whose largest viewing share is given to stations of that same market area. Non-
overlapping DMAs cover the entire continental United States, Hawaii, and parts of Alaska.
There are currently 210 DMAs throughout the U.S.” [http://www.nielsenmedia.com/
FAQ/dma_satellite%20service.htm], viewed on January 9, 2008. A very small number of
counties are divided between two DMAs, typically because topographical features, such as
mountains, split the viewing patterns within the county. In addition, there are several very
sparsely populated portions of Alaska that are not part of any county and not included in any
DMA. Each year Nielsen reassigns a small number of counties to different DMAs, based
on shifts in viewing patterns. For example, in 2003 Nielsen reassigned 24 counties to a
different DMA.
Until Congress passed the Satellite Home Viewer Extension and
Reauthorization Act (SHVERA)3 in November 2004, a satellite system, when
providing local service, could offer a subscriber only the signals of those local
broadcast stations located within the same DMA as the subscriber (called “local-into-
local” service); it was prohibited from offering broadcast signals that might have
originated nearby but outside the subscriber’s DMA.4 As a result, in many situations,
those subscribers to satellite service who were located in DMAs in which all the
broadcast television stations are in another state (typically because the primary city
in the DMA is in another state) could not be provided the signals of any in-state local
broadcast television stations.5 SHVERA expanded the scope of in-state television
signals that satellite operators are permitted (and in some cases required) to offer
subscribers. In addition to the signals of those broadcast television stations with city
of license within the DMA in which the subscriber is located, satellite operators may
offer (subject to certain limitations) signals from outside the DMA if those signals
are “significantly viewed” by those households in the subscriber’s geographic area
that only receive their broadcast signals over-the-air (not via cable or satellite).6 In
addition, under SHVERA, satellite operators may offer certain subscribers located
in New Hampshire, Vermont, Mississippi, and Oregon certain in-state signals from
outside the subscribers’ DMA and must offer subscribers in Alaska and Hawaii
certain in-state signals.7
Table 1, which is appended to this report, presents a compilation of data from89
Nielsen Media Research and Television & Cable Factbook 2004 on the number and
location of U.S. television households that are located in DMAs for which the
primary city is in a different state. It identifies, for each state:
3 SHVERA passed as Title IX of the FY2005 Consolidated Appropriations Act (H.R. 4818,
P.L. 108-447).
4 These statutory restrictions appear in the Satellite Home Viewer Improvement Act, which
is Title I of the Intellectual Property and Communications Omnibus Reform Act of 1999,
included by cross reference in the FY2000 Consolidated Appropriations Act, P.L. 106-113.
5 Under another provision of SHVIA, subscribers who are not able to receive an over the
air broadcast signal of acceptable quality using a conventional, stationary rooftop antenna
are eligible to receive distant television signals from their satellite provider. Under certain
circumstances, these distant signals may be from stations located in the same state as the
subscriber. This situation is discussed in greater detail later in this report.
6 The definition of “significantly viewed” signals is discussed in greater detail below in the
section on Cable Television. The statutory instructions on how to implement these
provisions of SHVERA are discussed in the section on Satellite Television.
7 These state-specific exceptions are discussed in greater detail below in the section on
Satellite Television.
8 Nielsen Media Research, U.S. Television Household Estimates, September 2003, which
presents data on the number of television households in each county and the DMA to which
each county is assigned.
9 Warren Communications News, Television & Cable Factbook 2004, which presents data
on the city of license and DMA of each commercial broadcast television station and the
transmitting location of each noncommercial broadcast television station.
!the number of television households in the state;
!the counties in the state assigned to DMAs for which the primary
city is outside the state;
!the number of television households in those counties;
!the percentage of television households in the state that are located
in DMAs for which the primary city is outside the state; and
!the full power broadcast television stations with city of license or
transmitting location inside the state that are located in DMAs for
which the primary city is outside the state.
These data provide the empirical basis for the discussion in this report. The
information on city of license in Table 1 is very important. It shows whether
television households in counties assigned to DMAs for which the primary city is
outside the state nonetheless have in-state, in-DMA television stations available to10
them. For example, it shows that the approximately 55,000 Arkansas television
households that are located in the Springfield, Missouri DMA receive service from11
two UHF analog stations in their DMA that have city of license in Arkansas and
that therefore have the obligation to meet the needs and interests of Arkansas
viewers. But approximately 77,000 Arkansas households that are located in the
Memphis, Tennessee DMA have access to no broadcast television stations that have
city of license in Arkansas (and thus have no access to broadcast television stations
that have an obligation to serve the needs and interests of those Arkansas
households). What Table 1 does not provide is information about whether and how
well the needs and interests of these television households are being met by broadcast
television stations with city of license in the other state (for example, how well the
broadcast stations with city of license in Memphis, Tennessee are serving the needs
and interests of those 77,000 television households in Arkansas).
10 The Television & Cable Factbook 2004 was published in April 2004 and thus does not
include stations that have begun operation in 2004. As explained later in this report, the
industry currently is in the midst of a congressionally-mandated transition from the analog
transmission of broadcast signals to digital transmission. While most licensees had already
begun transmitting digital as well as analog signals prior to 2004, many licensees began dual
transmission in 2004 and those new digital transmissions are not reflected in the data (and
hence not reflected in Table 1).
11 Analog broadcast television service is provided over two portions of the radio spectrum
— the very high frequency (VHF) portion and the ultra high frequency (UHF) portion. The
transmission characteristics of the spectrum is such that VHF signals transmit further and
require less power and therefore VHF stations tend to have a larger reach, with better
reception quality and lower costs. These differences disappear when the signals are
received via cable or satellite service rather than over the air.
Broadcast Television
Localism has long been one of the three primary objectives of U.S. broadcast12
policy. Broadcasters are considered to be temporary trustees of the public’s
spectrum because the 1934 Communications Act instructs the Federal
Communications Commission (FCC or Commission) to award licenses to use the
airwaves expressly on the condition that licensees serve the public interest;13 section
“whether the public interest, convenience, and necessity will be served by granting14
such application.” As trustees of the public airwaves, broadcasters must serve the
public interest by airing programming that is responsive to the interests and needs of
their community of license. The concept of localism derives from Title III of the
Communications Act; section 307(b) of the act explicitly requires the Commission
to “make such distribution of licenses, frequencies, hours of operation, and of power
among the several States and communities as to provide a fair, efficient, and15
equitable distribution of radio service to each of the same.”
In carrying out the mandate of Section 307(b), when the Commission allocates
channels for a new broadcast service, its first priority is to provide general service to
an area, but its next priority is for facilities to provide the first local service to a
community.16 The Commission has long recognized that “every community of17
appreciable size has a presumptive need for its own transmission service.” The
Supreme Court has stated that “[f]airness to communities [in distributing radio
service] is furthered by a recognition of local needs for a community radio
m out hpi ece.”18
12 The other two are diversity of voices and competition.
13 The source for this discussion of broadcasters’ public interest obligations is the
introduction to the FCC’s Notice of Inquiry, In the Matter of Broadcast Localism, MB
Docket No. 04-233, adopted June 7, 2004 and released July 1, 2004, ¶¶ 1-5. To date, the
FCC has not adopted any rules or taken any action in this proceeding.
14 47 U.S.C. § 309(a). This concept of public trusteeship was reiterated by the Commission
in Advanced Television Systems and Their Impact upon the Existing Television Broadcast
Service, 12 FCC Rcd 12829 (1977), in which it noted that even as they transition to digital
technology, “broadcasters will remain trustees of the public’s airwaves.”
15 47 U.S.C. § 307(b).
16 See Amendment of Section 3.606 of the Commission’s Rules and Regulations, 41 F.C.C.
148, 167 (1952). The Commission’s first television allocation priority is to “provide at least
one television station to all parts of the United States”; its second is to “provide each
community with at least one television broadcast station.”
17 Pacific Broadcasting of Missouri LLC, 18 FCC Rcd 2291 (2003) (quoting Public Service
Broadcasting of West Jordan, Inc., 97 F.C.C. 2d 960, 962 (Rev. Bd. 1984)).
18 FCC v. Allentown Broadcasting Corp., 349 U.S. 358, 362 (1955).
Once awarded a license, a broadcast station must place a specified signal
contour over its community of license to ensure that local residents receive service.19
A station must maintain its main studio in or near its community of license to
facilitate interaction between the station and the members of the local community it
is licensed to serve.20 In addition, a station “must equip the main studio with
production and transmission facilities that meet the applicable standards, maintain
continuous program transmission capability, and maintain a meaningful management
and staff presence.”21 The main studio also must house a public inspection file, the
contents of which must include “a list of programs that provided the station’s most
significant treatment of community issues during the preceding three month
period.”22
In practice, full power broadcast television signal contours almost always extend
far beyond the borders of the community (city) of license. For a full power television
station, the geographic boundaries of its city of license are narrower than the
geographic area that can receive the signals of the station. As shown in Figure 1,
the Grade B contour for a hypothetical full power broadcast television station
licensed to serve major city M, in state X, extends far beyond the borders of that city,23
and even into state Y.
19 47 C.F.R. § 73.685(a).
20 47 C.F.R. § 73.1125.
21 Amendment of Sections 73.1125 and 73.1130 of the Commission’s Rules, the Main Studio
and Program Origination Rules for Radio and Television Broadcast Stations, 3 FCC Rcd
22 47 C.F.R. § 73.352(e)(11)(i). These lists must be retained until final action has been
taken on the station’s renewal application.
23 The Grade A contour around a station’s transmitter identities the geographic area in
which satisfactory service is expected at least 90% of the time for at least 70% of the
receiving locations. The Grade B contour identifies the geographic area in which the quality
of picture is expected to be satisfactory to the median observer at least 90% of the time for
at least 50% of the receiving locations within the contours, in the absence of interfering co-
channel and adjacent-channel signals. (See Warren Communications News, Televison &
Cable Factbook 2004, volume 72, at p. A-14.)
Figure 1. Broadcast Television Station City of License
and Signal Reach
Grade B
Grade
CityA
of
License
M
State YState X
State Line
Source: CRS
Under existing FCC rules, the licensee’s explicit public interest obligation is
limited to serving the needs of viewers within its city of license.24 Over the years, the
Commission has interpreted its rules to carry a secondary obligation for the licensee
to serve the needs of viewers outside the city of license but within the signal reach.25
24 See Notice of Inquiry, In the Matter of Broadcast Localism, MB Docket No. 04-233,
adopted June 7, 2004 and released July 1, 2004, at ¶ 3 and footnote 11.
25 For example, in Re Application of WHYY, Inc., for Renewal of License for Noncommercial
Educational Television Station WHYY-TV, Wilmington Delaware, the Commission stated
“Although the petitioners emphasize the station’s primary obligation to serve the needs of
Wilmington, its city of license, WHYY-TV owes a secondary duty to serve other nearby
areas, which include Philadelphia and Camden and Trenton, New Jersey, as we have
previously recognized. 18 RR 2d 1603 (1970).” 53 F.C.C. 2d 421 (para. 9). In a subsequent
decision involving the same station, the Commission expanded on this: “Although WHYY
believes that it is a television station licensed to serve Wilmington and ‘[a]lmost equally
important ... adjacent metropolitan areas of Philadelphia and Camden,’ the licensee’s first
and primary obligation is to serve the local needs and interests of community of license —
Wilmington. This primary obligation to Wilmington, contrary to WHYY’s assertions, has
been emphasized by the Commission for at least the last twenty-three years.... While
regional programs can address the interests of Wilmington residents, such programs cannot
serve other service area residents to the detriment of the citizens of Wilmington. The
licensee’s prime and most important focus must be on the problems, needs, and interests of
its community of license. However, as we outlined in our 1975 decision to renew the
(continued...)
But the FCC rules do not provide specific guidance about this secondary obligation.
Yet, in many cases, the population residing within the city of license is only a small
proportion of the total population receiving the station’s signal.
Many broadcast television stations have viewing areas that cross state borders.
This is not surprising as cities often are located along rivers or other natural
boundaries that act as state borders, but urban development often occurs on both
sides of the border and a station’s viewing radius around a central city will extend
into suburbs and even into other cities across state borders. In many of these
situations, the FCC has attempted to serve populations on both sides of the state
borders by assigning some licenses to cities in each state. For example, in the
Paducah, Kentucky-Cape Girardeau, Missouri-Mount Vernon, Illinois area, an NBC-
affiliated VHF analog and digital station and a UHF analog and digital station have
city of license in Paducah, Kentucky, a Fox-affiliated UHF analog and digital station
and the CBS-affiliated VHF analog and digital station have city of license in Cape
Girardeau, Missouri, an ABC-affiliated VHF analog and digital station has city of
license in Harrisburg, Illinois, and a VHF analog station has city of license in Mount
Vernon, Illinois.
But some metropolitan areas are dominated by a single large city, with most of
the television licenses (including those for all the stations affiliated with the four
major broadcast networks) assigned to that city and the licenses for only a few
stations assigned to cities in the neighboring state(s). For example, the licenses for
the preponderance of stations serving the metropolitan New York City and
Philadelphia areas are assigned to those cities, with very few licenses assigned to
New Jersey, western Connecticut, or Delaware. The FCC has taken special notice
of this situation with respect to the state of New Jersey by explicitly stating that all
the New York and Philadelphia stations have the responsibility to serve the needs of
their New Jersey viewers.26
25 (...continued)
license of WHYY, 53 FCC 2d 421 (1975), while the station’s primary obligation is to serve
the needs of its city of license, WHYY also has a secondary duty to serve other nearby areas
including Philadelphia, Camden, and Trenton, New Jersey.” 93 F.C.C. 2d 1096 (para. 20)
(1983), emphasis in original.
26 In an order reallocating channel 9 from New York City to Secaucus, New Jersey, (Channel
9 Reallocation (WOR-TV), 53 RR 2d 469 (1983)), the Commission stated: “It is expected
that the licensee will devote itself to meeting the special needs of its new community (and
the needs of the northern New Jersey area in general).... In the usual case, Secaucus, the city
of assignment, would be the primary focus of the licensee’s programming responsibilities.
However, we have previously determined that the lack of local VHF television service to
this highly populated area of northern New Jersey presented a unique set of circumstancesnd
(see, e.g, Docket No. 20350, 2 R&O, 59 FCC 2d 1386 [37 RR 2d 1275] (1976)), wherein
special service obligations have been imposed on all New York City and Philadelphia TV
stations. Accordingly, we expect RKO to perform a higher degree of service to its Grade
B coverage area than is normally required of a broadcast licensee. At renewal time RKO
will be judged by how it met the obligation to serve the greater service needs of northern
New Jersey, which we view as broader than the specific needs of Secaucus.”
As a result of television viewing areas extending beyond state borders, and the
frequency of populations being concentrated along both sides of those borders, there
are a number of situations in which, despite the efforts of the FCC, a significant
proportion of the television households in a state are served primarily or entirely by
broadcast television stations whose city of license — and hence primary service
obligation — lies outside that state.27
There are 3,149,060 television households in New Jersey, but the vast majority
of these households receive all or most of their over-the-air signals from stations
licensed to New York City or Philadelphia. Only one television station with a city
of license in New Jersey is affiliated with one of the major television networks, and
that UHF analog NBC-affiliate serves the relatively sparsely populated southern tip
of the state. Of the other eight commercial stations with city of license in New
Jersey, only one is a VHF station and five are affiliated with Spanish language
networks. Four of the New Jersey stations transmit from locations in New York City
and their signals fully cover that city.28 As indicated earlier, at least at the policy
level, the Commission has attempted to address the potential lack of coverage of New
Jersey-specific issues by explicitly requiring the stations licensed to New York City
and Philadelphia to offer programming that serves the New Jersey households within
their viewing areas.
There are 313,630 television households in Delaware, but there is only one UHF
analog commercial station with city of license in the state, plus three UHF
noncommercial stations. The bulk of the Delaware population is served by television
stations in Philadelphia; those stations have primary obligations to serve the viewers
of Philadelphia and suburban New Jersey. The remainder of the Delaware viewers
are served by stations in Salisbury, Maryland. Similarly, the only major network with
an affiliate in New Hampshire is ABC. The vast majority of New Hampshire’s
498,150 television households receive broadcast service primarily from stations in
Boston.
This pattern exists around many large cities. More than 900,000 television
households in Maryland are in the Washington, DC DMA. Although a small portion
of these households are served by a UHF analog and digital ABC-affiliated station
and a UHF analog independent station, both with city of license in Hagerstown,
Maryland, and a UHF analog noncommercial station with city of license in Frederick,
Maryland, most are primarily served by Washington, DC stations. The Baltimore
stations provide a potential source of programming that addresses Maryland-specific
issues, but although most of these households fall within those stations’ Grade B
contours, most households subscribe to cable or satellite service and therefore few
of them have the antennas needed to bring in the Baltimore stations.29 While
27 The data underlying the following discussion are found in Table 1.
28 Interestingly, four stations were listed under New York State in the Television & Cable
Factbook 2004, a data source widely used in the industry, despite having city of license in
New Jersey. In the 2005 edition, three of those stations were listed under New York State.
In the 2006 edition, all four of the stations were listed under New Jersey.
29 Today, upwards of 85% of all U.S. television households receive their broadcast signals
(continued...)
Washington, DC stations do address issues of interest to Maryland suburbanites, they
have the burden of addressing the needs of three jurisdictions, with primary
obligations to serve DC. In Virginia, as well, more than 900,000 television
households are in the Washington, DC DMA, and are served primarily by
Washington, DC stations, with only a UHF analog and digital independent station,
a UHF analog Telefutura-affiliated station, a UHF analog and digital noncommercial
station, and two UHF analog noncommercial stations located in that portion of
Virginia.
More than 300,000 Kansas television households are in the Kansas City,
Missouri DMA and rely almost entirely on broadcast stations from that city. The
only station in that DMA with city of license in Kansas is a UHF analog and digital
station in Lawrence, Kansas. The Kansas City stations do not have explicit
obligations to meet the needs of their Kansas viewers. Similarly, more than 330,000
— or just under 35% — of the television households in Connecticut are in the New
York City DMA and primarily served by New York City stations; more than 150,000
Kentucky television households are in the Cincinnati, Ohio DMA and there are no
commercial stations in that DMA with city of license in Kentucky; almost 200,000
television households in northwestern Indiana are in the Chicago, Illinois DMA,
served primarily by Chicago stations, with only one UHF analog and digital
commercial station and one UHF analog noncommercial station located in that part
of Indiana; and more than 300,000 television households in western Illinois are in the
St. Louis, Missouri DMA, served primarily by St. Louis stations, with only one UHF
analog and digital commercial station with city of license in Illinois.
This problem is not limited to major metropolitan areas. As shown in Table 1,
54.55% of the television households in Wyoming are located in television markets
outside the state. The population centers around Casper and Cheyenne are served by
broadcast stations with city of license in Wyoming, but most other parts of the state
are served primarily or entirely by broadcast stations with city of license outside the
state. Almost one-fourth of Idaho’s television households are in DMAs whose
principal city is outside the state and more than one-fifth of Arkansas’ television
households are in DMAs whose principal city is outside the state.
29 (...continued)
by a means other than over the air reception. According to data presented by the National
Cable and Telecommunications Association on its website ([http://www.ncta.com],
Statistics, viewed on January 9, 2008), in September 2007 there were 112.3 million U.S.
television households, of which 65.1 million subscribed to cable television and 32.0 million
subscribed to satellite television or some other noncable multichannel video program
service. (Adding these two figures together would create a slight amount of double counting
of non-broadcast households as a small portion of these households subscribed to both cable
and a noncable service). The statutory, regulatory, and private contractual restrictions on
cable and satellite systems carrying the signals of broadcast stations located in-state, but
outside-the-DMA are discussed in the cable and satellite sections of this report.
Cable Television
As early as the 1960s, when households began receiving their broadcast signals
over cable television rather than over the air, Congress became concerned both that
local broadcasters could be harmed (either because they were not compensated for
their programming or because local cable systems chose not to carry their
programming, thus cutting off their access to a large segment of the viewing
audience) and that there could be a diminution of programming that serves local
needs and interests. Congress therefore enacted several laws intended to extend the
policy goal of localism to the cable television industry, including the 1972, 1984, and
‘Must Carry’ Rules
Most notable was the adoption of the “retransmission consent/must carry”
election in the 1992 Cable Act. Every three years, each local commercial broadcast
television station must choose between:
!negotiating retransmission consent agreements with the cable
systems operating in its service area, whereby if agreement is
reached the broadcaster is compensated by the cable system for the
right to carry the broadcast signal, and if agreement is not reached,
the cable system is not allowed to carry the signal; or
!requiring each cable system operating in its service area to carry its
signal, but receiving no compensation for such carriage.
With this mandatory election, broadcasters with popular programming that are
confident the local cable systems will want to carry that programming can make the
retransmission consent election and be assured compensation for such carriage, and
broadcasters with less popular programming that the local cable systems might
otherwise not choose to carry can make the must carry election and be assured that
their signal will be carried by all local cable systems.
The evolution of the must carry rules demonstrates the difficulty of constructing
rules that safeguard local broadcasters and foster local programming without unduly
burdening cable operators or undermining the exclusive distribution contracts
between program content providers and program distributors. The initial rules
required cable operators to carry all broadcast television signals whose Grade B
signals reached into the cable service area. But this proved too expansive; for
example, the Grade B contours of Washington, DC stations extend over Baltimore,
and vice versa. The must carry requirements were then scaled back to those signals
from stations located within certain mileage limits (for example, within 35 miles).
There then was some concern that this would harm broadcast stations that did not
meet these mileage limits but had historically been viewed by audiences beyond
those mileage limits. The must carry rules were modified to apply to all broadcast
stations that were “significantly viewed” by those households in the cable service
area that did not receive service from cable or satellite providers.30 The specific
threshold viewing levels were, for a network-affiliate station, a market share of at
least 3% of total weekly viewing hours in the market and a net weekly circulation of
25%; for independent stations, 2% of total weekly viewing hours and a net weekly
circulation of 5%. The share of viewing hours referred to the total hours that
households that do not receive television signals from multichannel video program
distributors (“MVPDs”)31 viewed the subject station during the week, expressed as
a percentage of the total hours these households viewed all stations during the week.
Net weekly circulation referred to the number of households that do not receive
television signals from multichannel video programming distributors that viewed the
station for five minutes or more during the entire week, expressed as a percentage of
the total households that do not receive television signals from multichannel video
programming distributors in the survey area.
But as more and more households subscribed to cable service, it became less
reasonable to base must carry decisions on the behavior of the minority of households
that continued to get their service over the air. In the 1992 Cable Act, Congress
modified sections 614 and 615 of the 1934 Communications Act32 to base the must
carry rules on a definition of local television markets explicitly based on viewing
patterns, requiring each cable operator to carry the signals of local commercial
television stations, qualified low-power stations, and qualified noncommercial
educational stations, if the licensees of those stations chose to have their signals
carried.33 This statutory language remains in place today.
The exact number of broadcast signals that cable systems must carry varies with
the size of the cable system, but includes at a minimum three local commercial
stations and one local noncommercial educational station. Cable systems with more
than 12 channels must carry local commercial broadcast stations on up to one-third
of their channels and up to three qualified noncommercial educational stations.
30 Cable Television Report and Order, adopted on 2/2/72, 36 FCC 2nd 143 (1972).
31 MVPDs provide packages of video programming to subscribers for a monthly fee. The
overwhelming majority of television households that receive their programming from
MVPDs subscribe to cable or direct broadcast satellite systems, but a small number of
households get low-power “C-band” home satellite dish (HSD) service, wireless cable
service such as multichannel multipoint distribution service (MMDS), or service provided
by municipal or private overbuilding broadband service providers (BSP) or by private cable
operators. See Federal Communications Commission, Annual Assessment of the Status of
Competition in the Market for the Delivery of Video Programming, Twelfth Annual Report,
adopted February 10, 2006, released March 3, 2006.
32 Codified at 47 U.S.C. §§ 534 and 535.
33 As explained above, each broadcast television station can choose, once every three years,
between two options: (1) negotiating a retransmission consent agreement with each local
cable operator to make its programming available in exchange for compensation or (2)
requiring the local cable operator to carry its programming at no charge to the cable
operator.
“Local” commercial stations are defined as all stations whose community of
license is within the same television market as the cable system.34 Following the
statutory directive to use television markets delineated by commercial publications,
the FCC implemented a rule defining television markets according to the Nielsen
DMAs. 35
Other Federal Rules and Laws
Cable systems must carry the entirety of the program schedule of every local
television station carried pursuant to the mandatory carriage provisions (or the
retransmission consent provisions) of the 1992 Cable Act, subject to the carriage
restrictions in the network program non-duplication rules,36 syndicated exclusivity
protection rules,37 and sports programming blackout rules.38 In practice, these rules
34 A noncommercial educational station that places a Grade B signal over a cable system’s
principal headend, or whose city of license is within fifty miles of the cable system’s
principal headend, is considered “local” for this purpose.
35 FCC Fact Sheet, “Cable Television,” section entitled “Signal Carriage Requirements,”
dated June 2000, available at [http://www.fcc.gov/mb/facts/csgen.html], viewed on January
9, 2008. Television markets originally were defined according to Arbitron market
definitions, but when Arbitron discontinued performing this service, the FCC chose to use
the Nielsen DMAs.
36 Commercial television station licensees are entitled to protect the network programming
they have contracted for by exercising non-duplication rights against more distant television
broadcast stations carried on a local cable television system that serves more than 1,000
subscribers. Commercial broadcast stations may assert these non-duplication rights
regardless of whether or not their signals are being transmitted by the local cable system and
regardless of when, or if, the network programming is scheduled to be broadcast. Generally,
the zone of protection for such programming cannot exceed 35 miles for stations licensed
to a community in the Commission’s list of top 100 television markets or 55 miles for
stations licensed to communities in smaller television markets. In addition, a cable operator
does not have to delete the network programming of any station which the Commission has
previously recognized as significantly viewed in the cable community.
37 With respect to non-network programming, cable systems that serve at least 1,000
subscribers may be required, upon proper notification, to provide syndicated protection to
broadcasters who have contracted with program suppliers for exclusive exhibition rights to
certain programs within specific geographic areas, whether or not the cable system affected
is carrying the station requesting this protection. However, no cable system is required to
delete a program broadcast by a station that either is significantly viewed or places a Grade
B or better contour over the community of the cable system.
38 A cable system located within 35 miles of the city of license of a broadcast station where
a sporting event is taking place may not carry the live television broadcast of the sporting
event on its system if the event is not available live on a local television broadcast station,
if the holder of the broadcast rights to the event, or its agent, requests such a blackout. The
holder of the rights is responsible for notifying the cable operator of its request for program
deletion at least the Monday preceding the calendar week during which the deletion is
desired. If no television broadcast station is licensed to the community in which the sports
event is taking place, the 35-mile blackout zone extends from the broadcast station’s
licensed community with which the sports event or team is identified. If the event or local
(continued...)
are quite complex and result in significant amounts of programming from television
stations within a cable operator’s DMA not being carried because such carriage
would be duplicative or would contravene exclusivity agreements.
Interestingly, while the must carry rules are now based on DMAs, the non-
duplication rules continue to be based on the old “significantly viewed” criteria.
Consider a cable operator that sought to carry the broadcast signals of a network-
affiliated station that is located nearby, but outside the DMA in which the cable
system is located, and that successfully worked out a retransmission consent
agreement with that affiliated station. For example, assume a Montgomery County,
Maryland, cable operator, which is located in the Washington, DC DMA, sought to
carry a Baltimore broadcast station, and successfully worked out a retransmission
consent agreement with the Baltimore station. Then, if that Baltimore station met the
“significantly viewed” criteria in the cable operator’s location, its signals would not
be subject to the non-duplication rules and the signals from both the Washington, DC
network affiliate and the Baltimore network affiliate could be carried by the
Montgomery County cable operator in their entirety, without blackouts of the
network programming on the Baltimore station. Some industry observers claim,
however, that such duplication does not occur very often because the national
networks, rather than the affiliated stations, tend to make the determination (through
language in the private contractual agreement between the network and each affiliate)
about whether a station located outside a cable system’s DMA should grant the cable
system retransmission consent — and frequently these contracts effectively preclude
retransmission consent.
Copyright law also may tend to discourage cable systems from carrying the
signals of broadcast stations located outside the DMA in which the cable system is
located.39 Cable systems are required to pay royalties under a congressionally granted
compulsory copyright license for the “secondary transmission” of the signals of
broadcasters located outside the DMA within which the cable system is located. In
contrast, cable systems enjoy a royalty-free permanent compulsory copyright license
— that is, do not have to pay copyright fees — for the secondary transmission of
broadcast signals of stations located in their DMAs. The royalty-free license extends
to the secondary transmission of signals of out-of-DMA broadcast stations that meet
the “significantly viewed” criteria discussed above. However, if an in-state, but out-
of-DMA station does not meet the “significantly viewed” criteria, the requirement
to pay the copyright royalties might tip the balance away from the cable system
carrying the station’s signals.
38 (...continued)
team is not identified with any particular community (for instance, the New England
Patriots), the 35-mile blackout zone extends from the community nearest the sports event
which has a licensed broadcast station. The sports blackout rule does not apply to cable
television systems serving less than 1,000 subscribers, nor does it require deletion of a sports
event on a broadcast station’s signal that was carried by a cable system prior to March 31,
1972. The rule does not apply to sports programming carried on non-broadcast program
distribution services such as ESPN. These services, however, may be subject to private
contractual blackout restrictions.
39 17 U.S.C. § 111.
Flexibility in the Rules
The 1992 Cable Act includes explicit language authorizing the FCC to
implement the must carry rules flexibly in order to foster the goal of localism. The
language in Section 614(h)(1)(C) of the act (Carriage of Local Commercial Signals)40
explicitly allows for exceptions, requiring the carriage of “local commercial
television stations,” but providing flexibility on how those local stations would be
determined:
(i) For purposes of this section, a broadcasting 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, except that, following a written request, the Commission may, with
respect to a particular television broadcast station, include additional
communities within its television market or exclude communities from such
station’s television market to better effectuate the purpose of this section. In
considering such requests, the Commission may determine that particular
communities are part of more than one television market.
(ii) In considering requests filed pursuant to clause (i), the Commission shall
afford particular attention to the value of localism by taking into account such
factors as —
(I) whether the station, or other stations located in the same area, have
been historically carried on the cable system or systems within such
community;
(II) whether the television station provides coverage or other local
service to such community;
(III) whether any other television station that is eligible to be carried
by a cable system in such community in fulfillment of the
requirements of this section provides news coverage of issues of
concern to such community or provides carriage or coverage of
sporting and other events of interest to the community; and
(IV) evidence of viewing patterns in cable and noncable households
within the areas served by the cable system or systems in such
community.
In a 2001 decision involving the attorney general of the state of Connecticut, the
Commission found that only a broadcaster or a cable system has the standing to file
a request to modify the signal carriage right of a broadcast station.41
The Digital Transition and Local Programming
The television industry is in the midst of another policy debate involving cable
carriage of local broadcast signals during (and after) the congressionally mandated
transition from analog transmission of broadcast signals to digital transmission.42
40 Codified at 47 U.S.C. § 534.
41 16 FCC Rcd 16099 (2001).
42 For a full discussion of this transition, see CRS Report RL31260, Digital Television: An
(continued...)
During the transition, television broadcasters have been given additional spectrum
to allow them to broadcast using digital technology while retaining the spectrum they
use for analog broadcasting. The Deficit Reduction Act of 2005 (P.L. 109-171) set
the digital transition deadline at February 17, 2009, by which date the broadcasters
will be required to return the spectrum used for analog transmission. During this
transition, many broadcasters are providing both analog and digital broadcast signals.
Therefore there has been a public policy debate over which broadcast signals cable
systems should be obligated to carry. In January 2001, the FCC announced adoption
of rules for cable carriage of digital television signals. The FCC ruling does not
require cable systems to simultaneously carry both the analog and digital signals
(“dual carriage”) of local television stations. The FCC tentatively concluded that
“such a requirement appears to burden cable operators’ First Amendment interests
more than is necessary to further a substantial governmental interest.” While not
approving a dual carriage mandate, the FCC did rule that a digital-only television
station, whether commercial or noncommercial, can immediately assert its right to
carriage on a local cable system. In addition, a television station that returns its
analog spectrum and converts to digital operations must be carried by local cable
systems.
In April 2007, the FCC issued a notice of proposed rulemaking to address
another issue: how to protect those households that subscribe to cable systems that
have not fully deployed digital technology by the February 17, 2009, deadline for
broadcasters to discontinue analog transmission.43 The Commission addressed the
statutory requirement that cable operators must make the signal transmitted by a
broadcaster electing mandatory carriage viewable by all of their subscribers,44 seeking
comment on how cable operators can implement this requirement after the end of
analog broadcasting. The Commission proposed that cable operators must comply
with this “viewability” provision and ensure that cable subscribers with analog
television sets are able to continue to view all must-carry stations after the end of the
digital television transition by either (1) carrying the digital signal in analog format,
or (2) carrying the signal only in digital format, provided that all subscribers have the
necessary equipment to view the broadcast content. Although all the commissioners
agreed that this was an important issue that the Commission should address, two of
the commissioners raised several questions: whether it was premature to propose
specific prescriptive rules in light of potentially strong market forces that could
resolve any problem, whether all the constitutional issues had been fully vetted,
whether it was premature to propose reversal of existing decisions without having
had a chance to get public comment.45
42 (...continued)
Overview, by Lennard Kruger.
43 In the Matter of Carriage of Digital Television Broadcast Signals: Amendments to Part
76 of the Commission’s Rules, CS Docket No. 98-120, Second Further Notice of Proposed
Rulemaking, adopted April 25, 2007 and released May 4, 2007.
44 47 U.S.C. § 534(b)(7).
45 See the Statement of Commissioner Jonathan S. Adelstein and the Statement of
Commissioner Robert M. McDowell, re: Cable Carriage of Digital Television Broadcast
(continued...)
On September 11, 2007, the FCC adopted final rules46 intended to ensure that
cable customers continue to receive local television stations after the transition.
Specifically, the FCC will require cable operators to comply with a “viewability
requirement” by choosing to either (1) carry the “must carry” signal in analog as well
as digital formats (dual carriage), or (2) carry the “must carry” signal in a digital-only
format, provided that all subscribers have set-top boxes that will enable them to view
digital broadcasts on their analog televisions. The viewability requirement extends
to February 2012, at which time the FCC will reassess the need for the requirement.
Small cable companies — which had sought an exemption — may request a waiver
of the viewability requirement.
Cable systems must carry “primary video,” defined as a “single programming
stream and other program-related content.” With digital technology, broadcasters can
divide their 6 MHz of spectrum into separate and discrete streams of content and
broadcast multiple (as many as six) channels of programming. This is known as
“multicasting.” Broadcasters sought an FCC ruling requiring cable operators to carry
any and all multicasted channels transmitted by commercial broadcasters, arguing
that the incentive to develop additional programming streams is diminished if they
have no guarantee that cable systems will carry that programming. Cable providers
countered that their decision on whether or not to carry additional broadcaster
programming streams should be dictated by the market, not mandated. In February
2005, the FCC affirmed its prior decision that cable operators are not required to
carry more than a single digital programming stream from any particular
broadcaster. 47
Local Franchise Requirements
Under the 1984 Cable Act, local franchising authorities may require cable
operators to set aside channels for public, educational, or governmental (PEG) use.48
In addition, franchising authorities may require cable operators to provide services,
facilities, and equipment for the use of these channels. Many cable systems include
several PEG channels. In general, cable operators are not permitted to control the
content of programming on PEG channels. Cable operators may impose non-
content-based requirements, such as minimum production standards, and may
mandate equipment user training. In addition, cable systems may make available
“access channels” that typically provide community-oriented programming, such as
local news, public announcements and government meetings. They are usually
45 (...continued)
Signals (CS Docket No. 98-120), April 25, 2007.
46 In the Matter of Carriage of Digital Television Broadcast Signals: Amendments to Part
76 of the Commission’s Rules, CS Docket No. 98-120, Third Report and Order and Third
Further Notice of Proposed Rulemaking, adopted September 11, 2007 and released
November 30, 2007.
47 In the Matter of Carriage of Digital Television Broadcast Signals: Amendments to Part
76 of the Commission’s Rules, CS Docket No. 98-120, Second Report and Order and First
Order on Reconsideration, adopted February 10, 2005, released February 23, 2005, at ¶ 33.
48 P.L. 98-549, 47 U.S.C. 531 (Section 611 of the Communications Act).
programmed by individuals or groups, on either public, educational or governmental
access channels or on commercial leased access channels.
Summary of Factors Affecting Local Programming on Cable
The bottom line of the existing rules is as follows. Unless they have systems
with very small capacity, local cable operators are required to carry the broadcast
signals of all the full-power television stations (and certain qualified low-power
television stations) located in their DMA and noncommercial stations that transmit
from within 50 miles of the cable head-end whose grade B contours cover the cable
system’s service area. The cable operator is required to carry the entirety of the
program schedule of each of these broadcast stations (subject to possible blackouts
to conform with the non-duplication rules for those circumstances where more the
broadcast programming is duplicated by a second or third station in the DMA).
If a cable system is located in a DMA in which the primary city is in another
state, and most or all of the television stations in that DMA have city of license in the
other state, then the broadcast television signals it must carry will be primarily or
entirely from out of state. This scenario is shown in Figure 2. Although local cable
operator Q’s franchise is located in state Y, and the major nearby city, M, is located
in state X, both are within the same DMA, F. If local cable operator Q wants to
carry the signals of broadcasters that are located in state Y but outside of DMA F, it
can negotiate with those broadcasters to carry their signals, but any carriage would
be subject to the restrictions in the network program non-duplication, syndicated
programming exclusivity protection, and sports programming blackout rules, and to
copyright fees (though these rules and fees will not be in effect if the “significantly
viewed” criteria can be met). All these factors may restrict the state-specific
entertainment programming cable operator Q can carry and also could affect the local
news programming carried. Cable operator Q is not likely to use one of its channels
to offer a “Swiss cheese” program schedule with holes in it for blacked out programs
or programs for which it does not choose to pay copyright fees. Nor is it likely to set
aside a channel just for several hours a day of state news or one or two sports events
per week.
Figure 2. A Cable System
Located in a DMA in Which the Primary City is in Another State
DMA F
Grade B
Grade
CityACable
ofFranchise
LicenseQ
M
State YState X
State LineSource: CRS.
Some observers claim, however, that when cable operators do not carry the in-
state programming of out-of-DMA broadcast signals, it is unlikely to be because of
these rules, which frequently can be sidestepped through application of the
exceptions for “significantly viewed” stations. Rather, these observers claim, it is
likely to be because the in-state broadcasters are constrained by territorial exclusivity
provisions in their network affiliation agreements, allegedly imposed by the
broadcast networks.
Whatever the cause of cable system reluctance to carry the signals of in-state,
but outside-the-DMA broadcast signals, it is likely that the within-DMA, but out-of-
state broadcasters (for example, the broadcasters with city of license M) will cover
some issues of interest to the cable operator’s subscribers (the subscribers to cable
system Q). Their inclusion in the same DMA is based on the assumption that
viewers in the county in which the cable system operates tend to view the signals
from that DMA and are likely to have a marketplace connection that broadcasters
will have an incentive to foster. But the coverage of issues specific to the viewers in
that cable system’s service area may be quite limited since the broadcasters are not
subject to any explicit obligation to serve the needs of viewers outside their city of
license and their close-in viewers are likely to be considered more valuable by
advertisers.
Whether or not this represents a problem to the cable system’s subscribers will
depend on their relative affinity toward news, information, and sports programming
focused on the television market in which they are located, as defined by the DMA,
vs. news, information, and sports programming focused on the political jurisdiction
(state) in which they reside. For example, a cable subscriber in Montgomery County,
Maryland, might have a preference for programming from Washington, DC stations
that presents detailed traffic information on commuter routes between the
subscriber’s home and downtown Washington or, alternatively, might have a
preference for programming from Baltimore, Maryland stations that presents more
in-depth reporting of Maryland state politics. The current rules assume the
preference is for the former because it is based on the statutory requirement that must
carry requirements mirror existing viewing patterns.
Satellite Television
Until Congress passed the Satellite Home Viewer Improvement Act (SHVIA)49
of 1999, satellite television providers were not allowed to provide local broadcast
television signals to their subscribers. SHVIA sought to promote competition
between cable television and direct broadcast satellite, and to increase local program
choices available to television households, by allowing satellite companies to provide
local broadcast television signals to all subscribers who reside in the local television
station’s market. Local markets are explicitly defined in the statute as the Nielsen
DMAs. This ability of satellite companies to provide local broadcast channels is
commonly referred to as “local-into-local” service. Satellite companies are not
required to offer local-into-local service, and they can charge for the service. Under
copyright law, satellite companies enjoy a royalty-free permanent compulsory
copyright license — exempting them from paying copyright royalties — for the
secondary transmission of the broadcast signals of stations provided to subscribers
as part of local-into-local service (the signals of broadcast stations located in the
DMA of the subscriber).50 But if a satellite system chooses to provide local-into-
local service in any DMA, it must provide subscribers in that DMA with all of the
local broadcast television signals that are assigned to the DMA that ask to be carried
on that satellite system. A satellite system is not required to carry more than one
local broadcast television station that is affiliated with a particular television network51
unless the stations are licensed to communities in different states.
Under SHVIA, local-into-local service was explicitly restricted by law to the
provision of the signals of broadcast television stations with city of license within the
DMA in which the customer is located. Satellite operators did not have the
49 SHVIA is Title I of the Intellectual Property and Communications Omnibus Reform Act
of 1999, included by cross reference in the FY2000 Consolidated Appropriations Act, P.L.
Satellite Television: Reauthorization of the Satellite Home Viewer Improvement Act
(SHVIA) — Background and Key Issues, by Marcia S. Smith, and CRS Report RS20425,
Satellite Television: Historical Information on SHVIA and LOCAL, by Marcia S. Smith.
50 17 U.S.C. 122.
51 FCC Information Sheet, “Television Broadcast Channels on Satellite,” dated May 2006,
available at [http://www.fcc.gov] (under Media Bureau and Information Sheet on Broadcast
Signals on DBS), viewed on October 12, 2006.
opportunity that cable operators have to negotiate carriage of the programming of
broadcasters that are in-state, but outside the viewer’s DMA, unless the satellite
operator’s customers were unable to receive over-the-air broadcast signals of a Grade
B intensity and therefore qualified, under a different section of law,52 to receive
distant network signals that may be (but need not be) from within state. This
situation is shown in Figure 3. Satellite subscriber Z is located in state Y and in
DMA F. Under SHVIA, the satellite operator could provide subscriber Z local-into-
local service consisting only of the signals of broadcast television stations located in
DMA F, even if none of those stations are located in state Y. Nor could the satellite
operator offer subscriber Z any distant network signals that originated from state Y
because subscriber Z is within the Grade B contour of the broadcast stations in city
M. Because of these rules, news or sports entertainment that was broadcast by a
station in central Wyoming or Arkansas often was not available to satellite
subscribers in more remote parts of those states that were within out-of-state DMAs.
Figure 3. Satellite Subscriber Whose Local Broadcast Television
Stations, as Defined by the DMA, Are in a Different State
DMA F
Grade B
Grade
CityA
of
Li censeSatellite
MSubscriber
Z
Z
State YState X
State LineSource: CRS.
This restriction on local-into-local service was not based on technological
constraints or lack of bandwidth (although the number of DMAs in which local-into-
local service is offered may be affected by bandwidth and satellite capacity
constraints). Once a satellite operator has uplinked the programming of a particular
52 The “distant network signal” license originated in the 1988 Satellite Home Viewer Act
and was extended in 1994 and in the 1999 SHVIA. See 17 U.S.C. 119.
broadcast station to a satellite, there are no technical constraints on making that
signal available to all television households within the footprint of the satellite. (It
is true, however, that the greater use of spot beams has resulted in smaller footprints
so there may now be situations in which the broadcast signal of a station in a
particular state is uplinked to a satellite with a spot beam that does not cover other
portions of the state that are located in a different DMA.) But in most cases, the
primary reason why a subscriber did not receive broadcast signals from stations
located outside that subscriber’s DMA was that the satellite operator, in order to
conform with the law, had to set the subscriber’s set-top box to exclude the out-of-
DMA signals emanating from its satellite.
The Satellite Home Viewer Extension and Reauthorization Act of 2004
(SHVERA) expanded the scope of in-state television signals that may be of local
interest to subscribers that satellite operators are permitted (and, in the case of
operators in Alaska and Hawaii, required) to offer subscribers. In addition to the
signals of those broadcast television stations with city of license within the DMA in
which the subscriber is located (“local-into-local” service), satellite operators may
offer (subject to certain limitations) signals from outside the DMA if those signals
are “significantly viewed” by those households in the subscriber’s geographic area
that only receive their broadcast signals over-the-air (not via cable or satellite). In
addition, satellite operators may offer certain subscribers located in New Hampshire,
Vermont, Mississippi, and Oregon certain in-state signals from outside the
subscribers’ DMA and must offer subscribers in Alaska and Hawaii certain in-state
signals.
Specifically, the current restrictions on the retransmission of distant broadcast
signals (i.e., signals from outside the DMA in which the satellite subscriber is
located) have been reduced as follows:
!a satellite carrier may retransmit to a subscriber located in a
community the signal of any station located outside the local market
in which that subscriber is located if (1) the FCC had already
determined, before the date of enactment of SHVERA, that the
signal could be carried by a cable operator in that community
because it was “significantly viewed” in that community, and such
carriage was permissible under the FCC’s network non-duplication
and syndicated exclusivity rules; or (2) if the FCC determines, after
the date of SHVERA enactment, that the signal is “significantly
viewed” in the community in accordance with the same standards
and procedures used to allow cable stations to carry “significantly
viewed” signals.53 In a Report and Order implementing SHVERA,
53 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
certain limitations on the signals that may be carried. It also excludes those limitations
when a subscriber is located in a local market (i.e., DMA) in which there are no network
stations affiliated with the same television network as the station whose signal is being
retransmitted pursuant to the section, and provides for a process by which a satellite
(continued...)
the FCC identified thousands of instances in which broadcast signals
met the “significantly viewed” criteria.54
!the retransmission (secondary transmission) of these “significantly
viewed” broadcast signals are subject to a royalty-free compulsory
copyright license — exempting satellite carriers from paying
copyright royalties.55
!the FCC, in implementing SHVERA, changed its rules covering
retransmission consent to allow a broadcaster located in a local
market into which a satellite carrier is retransmitting the distant
signal of a station that is affiliated with the same network as the
local station to choose between making its signal available to
satellite carriers based on retransmission consent (receiving
compensation) vs. mandatory carriage (without compensation) on a
county-specific basis rather than DMA-wide, as currently required.56
This change was deemed necessary because satellite providers are
now allowed to retransmit “significantly viewed” distant signals that
may duplicate the network programming of a local station, but
satellite carriage of those “significantly viewed” signals are
determined on a county-by-county rather than DMA-wide basis, and
thus it was felt that the local broadcaster should be able to make its
retransmission consent/mandatory carriage election on a county-by-
county basis.
!satellite carriers are allowed to retransmit the signal of WMUR, an
ABC affiliate located in Manchester, New Hampshire, which is the
only commercial station in that state affiliated with a major
53 (...continued)
company can seek a waiver of the limitations.
54 In the Matter of Implementation of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 and Implementation of Section 340 of the Communications Act,
MB Docket No. 05-49, Report and Order, adopted November 2, 2005, released November
3, 2005, Appendix C. The 444-page appendix, which lists the significantly viewed stations
by state and city, is available at [http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-
55 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
102 also includes a limitation and a process for waiving the limitation. This royalty-free
compulsory copyright license is not permanent; it will have to be renewed at the end of
56 In the Matter of Implementation of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, Procedural Rules, Order, adopted March 28, 2005, released
March 30, 2005, implementing P.L. 108-447, Title IX, Satellite Home Viewer Extension and
Reauthorization Act of 2004, Title II, Federal Communications Commission Operations,
Sec. 202 (47 U.S.C. 340(h)(1)).
broadcast network, to any subscriber in that state,57 subject to
obtaining retransmission consent and meeting the provisions of the
FCC’s network non-duplication and syndication exclusivity rules.
Such carriage is subject to royalty payments under the compulsory
copyright license for the secondary transmission of distant broadcast
signals.
!satellite carriers are allowed to retransmit the four commercial,
network-affiliated stations that are located in the Burlington,
Vermont DMA (which are the only commercial stations in that state)
to any subscriber in either of the counties in that state outside the
Burlington DMA (Windham and Bennington counties),58 subject to
obtaining retransmission consent and meeting the provisions of the
FCC’s network non-duplication and syndication exclusivity rules.
Such carriage is subject to royalty payments under the compulsory
copyright license for the secondary transmission of distant broadcast
signals.
!satellite carriers are allowed to retransmit the signals of any network-
affiliated broadcast television station in Oregon to the four counties
in Oregon (Umatilla, Grant, Malheur, and Wallowa) that are
assigned to DMAs whose primary city is outside that state.59 Also,
a satellite carrier or cable company may elect to retransmit to
subscribers in Umatilla, Grant, Malheur, and Wallowa counties in
Oregon the broadcast signals of any television broadcast station in
Oregon that any cable operator or satellite carrier was retransmitting
to subscribers in those four counties on January 1, 2004.60 These
retransmissions to those four counties are subject to obtaining
retransmission consent, to meeting the provisions of the FCC’s
57 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
58 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
59 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
60 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
2004, Title II, Federal Communications Commission Operations, Sec. 211, Carriage of
Television Signals to Certain Subscribers (47 U.S.C. 341). If the cable operator or satellite
carrier is authorized to carry less than three broadcast station signals, then it may elect to
retransmit up to two broadcast signals. As a consequence of this provision, cable and
satellite carriers can: provide subscribers in Grant County the signals of KGW (NBC) and
KOPB (PBS) from Portland, Oregon; provide subscribers in Malheur County the signals of
KGW (NBC) from Portland, Oregon and KTVR (PBS) from La Grande, Oregon; provide
subscribers in Umatilla County the signals of KATU (ABC), KGW (NBC), KOIN (CBS),
KPTV (FOX), and KOPB (PBS) from Portland, Oregon, KFFX (FOX) of Pendleton,
Oregon, and KTVR (PBS) from La Grande, Oregon; and provide subscribers in Wallowa
County the signals of KGW (NBC) and KPTV (FOX) from Portland, Oregon, and KTVR
(PBS) from La Grande, Oregon.
network non-duplication and syndication exclusivity rules, and to
royalty payments under the compulsory copyright license for the
secondary transmission of distant broadcast signals.
!satellite carriers are allowed to retransmit the signals of all network-
affiliated television broadcast station in Jackson, Mississippi to any
subscriber in two counties (Wilkinson and Amite) in that state;61
those counties are assigned to the Baton Rouge, Louisiana DMA.
These retransmissions to those two counties are subject to obtaining
retransmission consent, to meeting the provisions of the FCC’s
network non-duplication and syndication exclusivity rules, and to
royalty payments under the compulsory copyright license for the
secondary transmission of distant broadcast signals.
!the geographic areas in Alaska that are not in any Nielsen DMA are
to be assigned by satellite carriers to one of the local markets
(DMAs) in that state, in order to allow the carriers to offer
subscribers in those areas the local-into-local service for the DMA
to which they are assigned.62
In addition, satellite carriers with more than 5 million subscribers must retransmit all
of the analog broadcast signals originating in Alaska and Hawaii within one year of
the passage of SHVERA, and all of the digital broadcast signals originating in Alaska
and Hawaii within 30 months of the passage of SHVERA. These signals must be
made available to substantially all of the subscribers in their local markets (DMAs)
and the signals from at least one of the local markets in the state must be made
available to substantially all of the subscribers in the state not located in a DMA.
The cost to subscribers of such transmission shall not exceed the cost of
retransmission of local television stations in other states.63
Referring back to Figure 3, SHVERA may expand upon the availability of
programming of interest to subscriber Z if there are broadcast signals originating in
state Y, but outside DMA F that meet the “significantly viewed” criteria, or if
subscriber Z happens to be located in a state and county covered by one of the state-
specific provisions in the act. Given the high likelihood that the satellite carrier
already is uploading these broadcast signals to serve customers in the DMAs in
which the signals originate (and the royalty-free compulsory copyright license for
“significantly viewed” signals), it would appear that the only reasons that the satellite
carrier might choose not to offer this additional programming to subscriber Z would
61 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
62 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
63 P.L. 108-447, Title IX, Satellite Home Viewer Extension and Reauthorization Act of
2004, Title II, Federal Communications Commission Operations, Sec. 210, Satellite Carriage
of Television Stations in Noncontiguous States (47 U.S.C. 338(a)(4)). Within one year of
passage of SHVERA, the broadcast stations must choose between making their signals
available under the terms of retransmission consent or under mandatory carriage.
be if it failed to negotiate a retransmission consent agreement with the license holder
of the “significantly viewed” broadcast signal to cover subscriber Z (and other
subscribers that previously could not be served) or if subscriber Z were not located
in the footprint to which the signal was currently being beamed.
In some situations, the provisions in SHVERA that expand the number of in-
state signals potentially available to satellite subscribers will provide an additional
public policy benefit. Candidates for public office who have had to reach many of
the citizens of their state through high-priced advertising on out-of-state, big city
stations may now be able to reach those citizens through lower-priced advertising on
in-state stations. This could reduce the costs associated with political campaigns.
Issues for Congress
Localism remains one of the cornerstones of U.S. media policy. There are a
small number of broadcast television stations relative to the number of local
governmental jurisdictions. Moreover, every full power television station broadcasts
signals that extend far beyond the borders of its city of license. Thus, when a
particular station is assigned a city of license to serve, there will always be many
nearby local jurisdictions that the licensee has no explicit or specific obligation to
serve. Where the broadcast coverage area extends across governmental boundaries,
and especially state borders, it is difficult for a broadcaster to fully address the needs
of all jurisdictions. Broadcasters, of course, have the incentive to meet the needs and
interests of as many of its potential viewers as possible. Most television broadcasters
attempt to reconcile this by covering issues of general interest, such as crime and
weather, and/or regional interest, such as transportation systems. However, some
current statutory and regulatory requirements do not provide incentives, or even make
it more difficult, for broadcast, cable, and satellite providers of television to meet the
needs and interests of their communities. If Congress wants the FCC to
systematically review its rules to eliminate any disincentives to localism or to clarify
licensee obligations, it could pass legislation instructing the Commission to do so.
Broadcaster Obligations Within the City of License
As explained earlier, the FCC’s first priority when it assigns licenses is to
provide general service to an area, and its second priority is to provide the first local
service to a community. Most broadcast television stations are attentive to the needs
and interests of the viewers in their city of license. It is in their self-interest to be
responsive to their viewers. Their market incentives may diverge from this goal,
however, if their city of license is an outlying city to a much larger city and their
signal covers the larger city.
As shown in Figure 4, the grade B contour of the station licensed to outlying
city O fully covers major city M. In this situation, the licensee may have a stronger
incentive to serve the needs and interests of the larger city. This incentive may be
stronger yet if the city of license is in a different state than the larger city.
Figure 4. Broadcast Station Whose City of License Is an
Outlying City to a Major City, but Whose Signal Covers the Major City
Grade B
Grade
A
City
MCity
of
Li c e n s e
O
State YState X
State LineSource: CRS.
That incentive may affect how the station markets itself — for example, as a
station in the outlying city of license or as a station in the larger city across the state
line. This, in turn, may affect how the station is identified, geographically, by the
industry. The Television & Cable Factbook is a widely used annual industry source
book that presents data on each television station, by state. In the 2004 edition, seven
television stations with city of license in one state, but located in a DMA whose
principal city was in a neighboring state, were listed under the neighboring state. In
the 2005 edition, five of those stations continued to be listed under the neighboring
state; in the 2006 edition, none of them was listed under the neighboring state. Also,
in the 2004 and 2005 editions, the city listings for all seven stations were hyphenated,
with the large city listed first and the smaller city listed second. In the 2006 edition,
each station was listed under the actual city of license only, with no reference to the
larger city.64 According to the publishers of the Television & Cable Factbook, its
editors, not the stations, determined how to list each station. In 2006, it made the
decision to list the stations by city (and, hence, state) of license, rather than using
hyphenated market designations with the major city listed first.
During 2004, the FCC opened a proceeding on broadcast localism,65 but to date
has not proposed or adopted any rules relating to localism. Congress might choose
to direct the FCC, in that proceeding, to undertake a rulemaking to explicitly identify,
or provide written guidance about, the obligations of licensees with city of license in
an outlying city to a major city to specifically serve the needs and interests of the
viewers in their city of license.66 It also might choose to direct the Commission to
64 These listings were as follows:
StationCity ofLicenseState Listedin 2004City Listed in2004State Listedin 2005City Listed in2005State Listedin 2006City Listedin 2006
WFUTNewark, NJNew YorkNew York-Newark, NJNew YorkNew York-Newark, NJNew JerseyNewark
WNJULinden, NJNew YorkNew York-Newark, NJNew JerseyNew York-Newark, NJNew JerseyLinden
WXTVPaterson, NJNew YorkNew York-Paterson, NJNew YorkNew York-Paterson, NJNew JerseyPaterson
WWORSecaucus, NJNew YorkNew York-Secaucus, NJNew YorkNew York-Secaucus, NJNew JerseySecaucus
Ta lla h a s s ee, Ta lla h a s s ee,
WC TV Th om a s vi lle,GA Fl o r i d a FL-Th om a s vi lle, Fl o r i d a FL-Th om a s vi lle, Georgi a Th o m a s v i lle
GA GA
WRBUEast St. Louis,ILMissouriSt. Louis-EastSt. Louis, ILMissouriSt. Louis-EastSt. Louis, ILIllinoisEast St.Louis
KBJRSuperior, WIMinnesotaDuluth-Superior, WIWisconsinDuluth-Superior, WIWisconsinSuperior
65 Notice of Inquiry, In the Matter of Broadcast Localism, MB Docket No. 04-223, adopted
June 7, 2004, and released July 1, 2004. Initial comments are due on November 1, 2004.
66 Commission decisions to date do not provide explicit guidance. For example, in the FCC
license renewal decision most on point here, In re Application of WHYY, Inc. for Renewal
of License of Station WHYY-TV, Wilmington, Delaware, 93 F.C.C. 2d 1086 (1983), the
Broadcast and Communications Commission of the City Council of Wilmington, Delaware
challenged renewal of the license, alleging that the station broadcast more programming that
focused on Philadelphia than on Wilmington. The Commission found that over its “last
license term, WHYY provided an average of less than 3-3 ½ hours per week of
programming exclusively addressed to the needs and interests of Delaware residents. Thus,
it would appear there has been an erosion in the commitments which led the Commission
to grant the construction permit application of WHYY. This erosion, however, does not
indicate that WHYY has failed to fulfill its obligations and to treat Wilmington as its
primary service area. As the Commission has previously stated, ‘licensees are not bound
to strict, inflexible adherence to program proposals, but are afforded broad discretion in the
manner in which they respond to community problems.’ Educational Broadcasting
(continued...)
address how it would enforce those obligations. For example, under what
circumstances, if any, could failure to serve the needs and interests of its community
of license result in a license not being renewed (or being revoked)?
Broadcaster Obligations Beyond the City of License
At the same time, current FCC rules are not clear about the broadcast television
licensees’ obligations to serve viewers within their service area who are beyond the
borders of the city of license, but not in a larger nearby city with its own licensed
broadcast television stations. As shown in Figure 1, in many situations, the
television household population beyond the city of license exceeds that within the
city of license. This, in itself, provides broadcasters with some economic incentive
to be responsive to the needs and interests of these viewers. But news and
information programming is relatively expensive to produce, and unless such
programming is of general interest to a relatively broad portion of the potential
viewing audience, there is always the risk of losing audience. Thus, Congress might
choose to direct the Commission, as part of its current proceeding on broadcast
localism, to explicitly identify, or provide written guidance about, the obligations of
licensees to serve the portion of their viewership that lies outside the city of license
but not in large nearby cities with their own licensed broadcast television station. It
also might choose to direct the Commission to address how it would enforce those
obligations.
66 (...continued)
Corporation ... 31 FCC 85 (1961).” (93 F.C.C. 2d 1095). In the decision, the Commission
goes on to state: “Programming which reflects service to Wilmington as WHYY’s primary
service area is not limited to programming which exclusively involves Delaware persons and
issues. Regional, national and international topics may be of interest to residents of
Wilmington as well as programs specifically designed for Delaware. The interests of
Delaware residents, it can be concluded, flow beyond the confines of the borders of
Delaware to topics of interest outside the state. Such interests are addressed by such
national programs as the McNeil-Lehrer Report, Wall Street Week, Over Easy, and The
Advocates, which are broadcast by the licensee. However, despite the wealth of national
programs, an educational licensee must also provide a local program service which
addresses the unique problems, needs and interests of the community it is licensed to serve.”
Id. at 1095-1096.
Broadcaster Obligations and Multicasting
In 1999, the FCC issued a notice of inquiry concerning the public interest
obligations of broadcast television licensees as they transition to digital television.67
The Commission subsequently has issued two notices of proposed rulemaking as
well as periodic reviews of the Commission’s rules and policies affecting the
conversion to digital television, and in September 2004 voted to adopt children’s
programming obligations for digital television broadcasters.68 The Commission has
incorporated the relevant portions of the comments received in those rulemakings
and periodic reviews into its broadcast localism proceeding.69
Technological change has the potential to help broadcasters better meet the local
needs of their viewers. With digital transmission, one option available to licensees
is to use their 6 MHz of spectrum for multicasting — that is, to broadcast multiple
programming streams. As the Commission develops rules addressing digital
broadcast television public interest obligations, it might try to construct rules that
foster programming that meets the possibly divergent needs of viewers within the city
of license and viewers beyond the city of license. For example, it might consider
modifying the current rule that requires cable operators to carry only the primary
programming stream of each local television broadcaster by requiring cable operators
to carry each programming stream that offers distinct programming aimed at a
different, previously unserved geographic portion of the broadcaster’s serving area.70
This could explicitly address those situations in which a broadcaster’s serving area
crosses state borders, awarding the broadcaster must carry rights for a second signal
if the programming on that signal specifically addresses the needs and interests of the
viewing households in the second state. If the FCC were to consider this approach,
it would want to take into account the impact on cable systems of requiring them to
carry additional broadcast channels. It also would want to determine how best to
construct a rule that did not artificially encourage or discourage broadcasters from
choosing multicasting over other potential applications of digital technology to their
6 MHz of spectrum, such as high definition television. Congress might choose to
direct the FCC, in its current proceeding on implementation of the digital transition,
to study and construct recommendations for rules (and, if necessary, statutory
67 Public Interest Obligations of TV Broadcast Licensees, 14 FCC Rcd 21633 (1999),
commonly known as the “DTV Public Interest NOI.”
68 See, for example, Standardized and Enhanced Disclosure Requirements for Television
Broadcast Licensee Public Interest Obligations, 15 FCC Rcd 19186 (2000); Children’s
Television Obligations of Digital Television Broadcasters, 15 FCC Rcd 22946 (2000);
Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion
to Digital Television, 18 FCC Rcd 1279 (2003); FCC Press Release, “FCC Adopts
Children’s Programming Obligations for Digital Television Broadcasters,” Report and Order
FCC 04-221, MM Docket 00-167, adopted and announced September 9, 2004.
69 Notice of Inquiry, In the Matter of Broadcast Localism, MB Docket No. 04-223, adopted
June 7, 2004 and released July 1, 2004, at paragraph 8.
70 But Supreme Court rulings relating to First Amendment constraints on government
regulation of broadcast stations have set heightened scrutiny when the speech to be
regulated is content-based rather than content-neutral (Turner Broadcasting Sys. v. F.C.C.,
changes) to address the potentially related issues of mandatory carriage of multiple
broadcast signals and better serving the needs and interests of viewers in different
governmental jurisdictions.
Increasing the Flexibility of Cable Carriage Rules
As explained earlier, the existing array of must carry and non-duplication rules
and compulsory copyright license fees may restrict or discourage cable operators that
happen to be located in a DMA that has its primary city in another state from carrying
the signals of broadcasters in their own state that are located in a different DMA.
This can decrease viewer access to both informational and entertainment
programming of state-wide interest. The data presented in Table 1 suggest this may
not be an isolated occurrence. In many states a substantial number and percentage
of television households are in DMAs in which the primary city is located outside the
state and in which most of the television stations have city of license outside the
state.
However, there is a degree of flexibility in the must carry rules (the statutory
provision allowing cable operators to request that they be allowed to carry signals
from outside their DMA that would foster localism), the non-duplication rules
(allowing “significantly viewed” stations to be carried without having duplicated
programming blocked), and the copyright laws (providing a royalty-free permanent
compulsory copyright license for the secondary transmission of programming of
broadcast stations that are “significantly viewed” in the cable system’s service area).
Congress might choose to direct the FCC, when reviewing its existing rules as
part of its current broadcast localism proceeding, to heed the flexibility that Congress
has given it to implement and administer its rules in a fashion that fosters localism.
It might instruct the Commission to study whether there are narrowly-defined
conditions under which the existing non-duplication rules can be loosened to foster
the cable carriage of programming of state-wide interest without undermining the
goals and objectives of those rules. It also might ask the Commission to explore how
it could best allow exceptions to its current rule that uses DMAs to determine which
broadcast television signals a cable company must carry. As indicated earlier, the
Commission has ruled that only broadcast licensees and cable operators have
standing to request exceptions to the current rule restricting must carry rights to
stations within the DMA. The Commission might investigate whether it would be
in the public interest for other parties, such as state officials, to be able to make such
a request based on a demonstratively positive impact on localism. It also might
investigate whether it would be in the public interest for the Commission, itself, to
have the right to propose an exception to the rule on its own authority. If it were to
reach the conclusion that such authority would be in the public interest, it might
recommend to Congress that the statute be modified to give it that authority.71
71 With respect to copyright, some observers claim that the carriage of in-state programming
would be fostered by expanding the congressionally mandated royalty-free compulsory
license to include the secondary transmission of signals of those stations located in the same
state, but outside the DMA, of the cable franchise, but that are not “significantly viewed”
(continued...)
The Commission already has concluded that the parties currently with standing
to seek an exception — the broadcast licensee and the cable system operator — have
knowledge of key relevant parameters (for example, the demand for particular types
of programming, the programming available both on the specific broadcast station
and on the cable system, the geographic reach of the broadcast station’s grade B
contours, etc.) not readily available to state officials or the FCC. Adding or deleting
must carry stations will change the array of programming available to the cable
system’s subscribers and any party seeking to change the line-up of channels should
have sufficient information on subscribers’ preferences to be confident that
consumers will be better served by the proposed change in programming.
Increasing the Flexibility of Satellite Local-into-Local
Programming
By passing SHVERA in November 2004, Congress expanded the scope of in-
state television programming that satellite operators are permitted (but not required)
to offer subscribers. In Alaska and Hawaii, that expansion in mandatory. The
combination of a generic change in law — allowing satellite providers to offer
programming that is “significantly viewed” by over-the-air television viewers — and
several state-specific provisions intended to address restricted access to programming
in six states may significantly reduce consumer complaints that they are not able to
receive programming via satellite that meets their needs and interests. The
effectiveness of SHVERA, however, will not be determined until it has been in
operation long enough to find out if the criteria in the rules and limitations associated
with the “significantly viewed” provision allow for a real expansion in the signals
made available to satellite subscribers. If the “significantly viewed” provision does
not provide relief for subscribers seeking programming that meets state-specificth
needs and interests, then it is likely that bills will be introduced in the 110 Congress
that seek state-specific or county-specific solutions analogous to the ones involving
New Hampshire, Vermont, Mississippi, Oregon, Alaska, and Hawaii in SHVERA.
Several such bills already have been introduced, as described below.
Bills Introduced in the 110th Congress
To date, three bills that address cable and satellite carriage of local broadcast
television station signals have been introduced in the 110th Congress. Senator Allard
has introduced S. 124, which would allow satellite operators to offer subscribers
located in two counties in the southwestern corner of Colorado the signals of
broadcasters in Denver, even though those counties are not located in the Denver
DMA (analogous to the provisions in SHVERA affecting subscribers in certain
counties in New Hampshire, Vermont, Mississippi, and Oregon), and also would
allow cable operators in those two counties to carry the primary signal of any network
station located in Denver. Senator Salazar has introduced S. 760, which, in addition
to the two provisions in S. 124, would waive the retransmission rules to allow a
71 (...continued)
by television households in the county in which the cable franchise is located. Copyright
holders argue, however, that now that cable is no longer an infant industry it is inappropriate
to maintain the current royalty-free compulsory license, no less expand its scope.
satellite carrier, cable system, or translator station to carry the primary signal of a
network station located in a state to subscribers in that state who otherwise would not
receive the primary signal of that network because those subscribers are located in
a DMA outside of the state if two conditions are met: (1) the FCC determines that it
is in the best interest of the public welfare, and (2) the satellite carrier, cable system,
or translator station agrees to also carry the primary signal of the network station in
the assigned DMA.
Representative Boren has introduced H.R. 602, which would modify the
retransmission rules to allow a satellite carrier to provide the signals of network
stations located in Oklahoma to subscribers who reside in Oklahoma but do not
currently receive the signal of any network station located in that state because of
their assignment to a DMA receiving network stations located outside Oklahoma, if
those subscribers choose to receive the Oklahoma signals rather than the out-of-state
signals.
Representative Ross has introduced H.R. 2821, which would: amend section
352(b)(2) of the Communictions Act (47 U.S.C. § 352(b)(2)) to permit satellite
carriers and cable operators to retransmit the signals of local television broadcast
stations to any DMA that is adjacent to, and at least partially located in the same state
as, the DMA in which the broadcast station is located; amend section 122 of the U.S.
Copyright Act (17 U.S.C. § 122) to allow satellite operators to retransmit the signals
of those local broadcast stations into those adjacent DMAs under a royalty-free
statutory copyright license; and instruct the FCC to revise the regulations concerning
network non-duplication protection, syndicated exclusivity protection, and sports
blackout protection (47 CFR § 76) to permit retransmission if the subscriber
receiving the signals is located in any of those adjacent DMAs.
CRS-34
Table 1. Television Households in Each State That Are Located in Designated Market Areas (DMAs)
for Which the Primary City is Outside the State
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
abama1,768,300Atlanta, GA DMA: Cleburne, Randolph 5,790+8,960+7.16%Atlanta, GA DMA: no station with city of
license in AL;
iki/CRS-RL32641Columbus, GA DMA: Chambers, Lee,14,660+48,700+19,770+10Columbus, GA DMA: 1 (UHF analog and
g/wRussell, Barbour ,650+digital) commercial station with city of license
s.orin Opelika, AL and 1 (UHF analog and digital)
leaknoncommercial station transmitting from
://wikiLouisville, AL;
httpColumbus-Tupelo-West Point, MS DMA:6,450+Columbus-Tupelo-West Point, MS DMA: no
Lamar station with city of license in AL;
Meridian, MS DMA: no station with city of
Meridian, MS DMA: Sumter, Choctaw5,500+6,190=license in AL
126,670
aska193,630none — but some extremely low density00.00%
areas lie outside DMAs
izona2,046,350Albuquerque-Santa Fe, NM DMA: Apache-13,3900.65%Albuquerque-Santa Fe, NM DMA: no station
Northwith city of license in AZ
kansas1,057,360Memphis, TN DMA: Mississippi, Crittenden,18,740+18,660+21.17%Memphis, TN DMA: no station with city of
CRS-35
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Poinsett, Cross, Saint Francis, Lee, Phillips9,930+7,380+ 9,780+license in AR;
4,070+ 9,020+
Springfield, MO DMA: Fulton, Baxter,
Marion, Boone, Newton, Carroll 4,790+ 16,900+6,940+Springfield, MO DMA: 1 UHF analog
14,220+3,530+ 10,380+commercial station with city of license in
Eureka Springs, AR and 1 UHF analog
iki/CRS-RL32641commercial station with city of license in
g/wShreveport, LA DMA: Howard, Sevier, LittleHarrison, AR;
s.orRiver, Hempstead, Nevada, Miller, Lafayette,5,370+5,560+5,370+Shreveport, LA DMA: no station with city of
leakColumbia, 8,840+3,790+15,650+license in AR;
://wikiGreenwood-Greenville, MS DMA: Chicot 3,330+9,680+
http4,950+Greenwood-Greenville, MS DMA: no station
Monroe, LA-El Dorado, AR DMA: Union,with city of license in AR;
As h l e y
17,760+Monroe, LA.-El Dorado, AR DMA: no station
9,230=with city of license in AR
223,870
lifornia11,774,780Reno, NV DMA: Alpine, El Dorado East,480+13,770+4,690+0.74%Reno, NV DMA: no station with city of license
Mono, Lassen9,560+in CA;
Medford-Klamath Falls, OR DMA: Siskiyou17,610+ Medford-Klamath Falls, OR DMA: no station
with city of license in CA;
CRS-36
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Yuma, AZ-El Centro, CA DMA: Imperial41,550=Yuma, AZ-El Centrro, CA DMA: 1 VHF
87,660analog Fox-affiliated commercial station with
city of license in El Centro, CA and 1 VHF
analog Univision-affiliated commercial station
with city of license in El Centro
lorado1,738,830Albuquerque, NM DMA: Montezuma, La9,390+17,340= 1.54%Albuquerque, NM DMA: 1 (VHF analog and
iki/CRS-RL32641Plata26,730digital) CBS-affiliated commercial station that
g/wis a satellite of an Albuquerque station, and 1
s.orUHF analog Telemundo-affiliated commercial
leakstation that is a satellite of an Albuquerque
station, all with city of license in Durango, CO
://wikinnecti-1,331,810New York City, NY DMA: Fairfield330,49024.82%New York City, NY DMA: 1 UHF analog
httptcommercial station with city of license in
Bridgeport, CT, and 1 (UHF analog and
digital) noncommercial station transmitting
from Bridgeport, CT
laware313,630Philadelphia, PA DMA: Kent, New Castle49,460+195,540+100.00%Philadelphia, PA DMA: 1 UHF analog
commercial station with city of license in
Wilmington, DE, and 1 (UHF analog and
digital) noncommercial station transmitting
from Wilmington;
Salisbury, MD DMA: 1 UHF analog
Salisbury, MD DMA: Sussex68,630=noncommercial station transmitting from
313,630Seaford, DE
CRS-37
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
f 244,270 no ne 0 0.00%
lumb ia
6,728,860Mobile, AL-Pensacola-Fort Walton Beach,71,260+47,830+3.49%Mobile, AL-Pensacola-Fort Walton Beach, FL
FL DMA: Okaloosa, Santa Rosa, Escambia115,610=DMA: 3 UHF analog commercial stations with
234,700city of license in Fort Walton Beach, FL, 3
(UHF analog and digital) commercial stations
iki/CRS-RL32641(including 1 ABC affiliate) with city of license
g/win Pensacola, FL, and 1 (UHF analog and
s.ordigital) noncommercial station transmitting
leakfrom Pensacola, FL
ia3,195,950Greenville-Spartanburg-Anderson, SC-10,390+8,290+9,650+9.58%Greenville-Spartanburg-Anderson, SC-
://wikiAsheville, NC DMA: Stephens, Franklin,8,320+Asheville, NC DMA: 1 UHF analog CBS-
httpHart, Elbert affiliated commercial station with city of
license in Toccoa, GA;
Jacksonville, FL DMA: Charlton, Camden,3,400+ 15,490+13,310+Jacksonville, FL DMA: 1 UHF analog
Ware, Glynn, Brantley, Pierce 28,130+5,930+6,250+commercial station with city of license in
Brunswick, GA;
Chattanooga, TN DMA: Dade, Walker,5,980+24,050+22,230+Chattanooga, TN DMA: 1 UHF analog
Catoosa, Whitfield, Murray, Chatooga30,010+14,780+commercial station with city of license in
10,260+Dalton, GA, and 1 (UHF analog and digital)
noncommercial station transmitting from
Chatsworth-Dalton, GA;
CRS-38
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Dothan, AL DMA: Early, Seminole 4,820+3,640+Dothan, AL DMA: no station with city of
license in GA;
Tallahassee, FL-Thomasville, GA DMA:10,680+9,080+16,940+6,4Tallahassee, FL-Thomasville, GA DMA: 1
Decatur, Grady, Thomas, Brooks, Lowndes,30+33,980+2,730+UHF analog FOX-affiliated commercial station
Lanier, Echols1,360=with city of license in Bainbridge, GA, and 1
iki/CRS-RL32641306,130VHF analog CBS-affiliated commercial station
g/wwith city of license in Thomasville, GA
s.orwaii 412,190 no ne 0 0.00%
leak486,450Salt Lake City, UT DMA: Oneida, Franklin,1,430+3,650+ 24.02%Salt Lake City, UT DMA: no station with city
Bear Lake 2,340+of license in ID;
://wiki
httpSpokane, WA DMA: Boundary, Bonner,3,450+ 14,710+ Spokane, WA DMA: 1 (VHF analog and
Shoshone, Kootenai, Benewah, Latah, Idaho,5,760+ 43,920+3,560+digital) CBS-affiliated commercial station,
Clearwater, Lewis, Nez Perce12,330+5,840+3,390+affiliated with a station in Yakima, WA, with
1,510+14,950=city of license in Lewiston, ID, 1 (UHF analog
116,840and digital) noncommercial station transmitting
from Couer d’Alene, ID, and 1 (UHF analog
and digital) noncommercial station transmitting
from Moscow, ID
ois4,648,990St. Louis, MO DMA: Randolph, Monroe, St.12,170+11,020+96,610+5,14.77%St. Louis, MO DMA: 1 (UHF analog and
Clair, Washington, Clinton, Marion, Clay,830+13,050+digital) commercial station with city of license
Fayette, Montgomery, Macoupin, Greene,16,190+5,770+8,160+in East St. Louis, IL;
Jersey, Calhoun, Bond, Madison11,380+19,590+5,560+8,2
20+2,060+6,340+
CRS-39
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Evansville, IN DMA: Wayne, Edwards,103,330+
Wabash, White Evansville, IN DMA: no station with city of
7,180+2,890+5,140+license in IL;
Terre Haute, IN DMA: Clark, Jasper,6,430+
Crawford, Richland, Lawrence Terre Haute, IN DMA: 1 (UHF analog and
7,150+3,850+7,750+digital) noncommercial station transmitting
iki/CRS-RL326416,560+6,180+from Olney, IL;
g/wPaducah, KY-Cape Girardeau, MO-MountVernon, IL DMA: Jefferson, Perry, Franklin,Paducah, KY-Cape Girardeau, MO-Mount
s.orHamilton, Gallatin, Saline, Williamson,15,560+8,940+16,240+Vernon, IL DMA: 1 (UHF analog and digital)
leakJackson, Union, Johnson, Hardin, Pope,3,330+2,650+10,810+commercial station with city of license in
://wikiMassac, Pulaski, Alexander 25,760+23,450+7,320+4,310+1,990+1,770+Marion, IL, 1 (VHF analog and digital) ABC-affiliated commercial station with city of
http6,210+2,860+3,720+license in Harrisburg, IL, 1 VHF analog
commercial station with city of license in Mt.
Vernon, IL, 1 (VHF analog and digital)
noncommercial station transmitting from
Davenport, IA-Rock Island-Moline, IL DMA:Carbondale, IL;
Henderson, Warren, Knox, Mercer, Henry,
Bureau, Rock Island, Whiteside, Carroll, JoDavenport, IA-Rock Island-Moline, IL DMA:
Daviess3,400+7,040+21,780+1 (VHF analog and digital)
6,640+20,190+14,170+CBS-affiliated commercial station with city of
60,110+23,860+6,720+license in Rock Island, IL, 1 (VHF analog and
9,510=digital) ABC-affiliated commercial station with
686,750city of license in Moline, and 1 (UHF analog
CRS-40
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
and digital) noncommercial station transmitting
from Moline, IL
ana2,382,900Chicago, IL DMA: Lake, Porter, La Porte,182,170+56,790+21.90%Chicago, IL DMA: 1 (UHF analog and digital)
Newton, Jasper41,320+5,460+11,160+commercial station with city of license in
Hammond, IN, and 1 UHF analog
noncommercial station transmitting from Gary,
iki/CRS-RL32641 IN;
g/w
s.orCincinnati, OH DMA: Union, Franklin,2,760+7.980+10,270+Cincinnati, OH DMA: no station with city of
leakRipley, Dearborn, Ohio, Switzerland 17,540+2,270+3,670+license in IN;
://wikiLouisville, KY DMA: Harrison, Floyd, Clark,13,660+27,810+40,120+4,Louisville, KY DMA: 1 (UHF analog and
httpCrawford, Orange, Washington, Scott,Jefferson, Jennings, Jackson 260+7,570+10,540+9,120+12,330+10,610+digital) commercial station with city of licensein Salem, IN;
16,460+
Dayton, OH DMA: Wayne27,950=Dayton, OH DMA: 1 (UHF analog and digital)
521,820commercial station with city of license in
Richmond, IN
a1,152,630Omaha, NE DMA: Crawford, Harrison,6,360+6,270+5,150+12.68%Omaha, NE DMA: 1 (UHF analog and digital)
Shelby, Cass, Pottawattamie, Mills,6,130+34,260+5,470+noncommercial station transmitting from
Montgomery, Fremont, Page 4,670+3,160+ 6,510+Council Bluffs, IA, and 1 UHF analog
noncommercial station transmitting from Red
Oak, IA;
CRS-41
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Sioux Falls, SD DMA: Lyon, Osceola, 4,210+2,750+Sioux Falls, SD DMA: no station with city of
license in IA;
Rochester, MN-Mason City, IA-Austin, MN4,670+3,280+4,130+Rochester, MN-Mason City, IA-Austin, MN
DMA: Winnebago, Worth, Mitchell, Howard,3,850+4,740+19,070+DMA: 1 (VHF analog and digital) CBS-
Hancock, Cerro Gordo, Floyd 6,730+affiliated commercial station with city of
iki/CRS-RL32641license in Mason City, IA, and 1 UHF analog
g/wnoncommercial station transmitting fromMason City, IA;
s.or
leakQuincy, IL-Hannibal, MO-Keokuk, IA DMA:4,770=Quincy, IL-Hannibal, MO-Keokuk, IA DMA:
://wikiLee146,180no station with city of license in IA
httpnsas1,044,100Kansas City, MO DMA: Atchison,Leavenworth, Wyandotte, Douglas, Johnson,6,240+23,870+ 58,030+38,970+40.76%Kansas City, MO DMA: 1 (UHF analog anddigital) commercial station with city of license
Franklin, Miami, Anderson, Linn 186,740+10,910+9,510+3,in Lawrence, KS;
150+3,950+
Tulsa, OK DMA: Chautaqua, Montgomery
1,750+14,210+Tulsa, OK DMA: no station with city of license
Lincoln and Hastings-Kearney, NE DMA:in KS;
Phillips, Smith, Jewell, Republic
2,350+1,880+1,690+Lincoln and Hastings-Kearney, NE DMA: no
St. Joseph, MO DMA: Doniphan 2,480+station with city of license in KS;
3,290+St. Joseph, MO DMA: no station with city of
Joplin, MO-Pittsburg, KS DMA: Woodson,license in KS;
CRS-42
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Allen, Bourbon, Wilson, Neosho, Crawford,1,540+5,610+6,090+Joplin, MO-Pittsburg, KS DMA: 1 (VHF
Labette, Cherokee3,850+6,640+15,180+analog and digital) CBS-affiliated commercial
8,890+8,770=station with city of license in Pittsburg, KS
425,590
tucky1,624,650Nashville, TN DMA: Trigg, Christian, Todd,5,380+24,600+4,310+31.33%Nashville, TN DMA: no station with city of
Logan, Simpson, Allen, Monroe,10,340+6,500+7,090+license in KY;
iki/CRS-RL32641Cumberland, Clinton 4,700+2,880+4,080+
g/w
s.orCincinnati, OH DMA: Kenton, Campbell,60,400+35,400+2,960+Cincinnati, OH DMA: 1 (UHF analog and
leakGallatin, Owen, Grant, Pendleton, Bracken,4,080+8,890+5,360+digital) noncommercial station transmitting
Mason, Roberston, Boone3,280+6,850+870+from Covington, KY, and 1 (UHF analog and
://wiki35,080+digital) noncommercial station transmitting
httpKnoxville, TN DMA: McCreary, Bell,from Owenton, KY;
Harlan, 6,520+11,980+12,820+Knoxville, TN DMA: 1 UHF analog
commercial station with city of license in
Harlan, KY;
Charleston-Huntington, WV DMA: Lewis,
Greenup, Carter, Boyd, Elliott, Lawrence,5,550+14,660+10,590+19,Charleston-Huntington, WV DMA: 1 (UHF
Johnson, Martin, Floyd, Pike 650+2,760+6,070+analog and digital) commercial station with
8,880+4,920+16,960+city of license in Ashland, KY; 1 (UHF analog
27,020+and digital) noncommercial station transmitting
from Ashland, KY; 1 (UHF analog and digital)
noncommercial station transmitting from
Pikeville, KY;
CRS-43
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Tri-Cities (Kingsport-Johnson City, TN-Tri-Cities (Kingsport-Johnson City, TN-
Bristol, VA) DMA: Letcher, Leslie 9,930+4,680+Bristol, VA) DMA: no station with city of
license in KY;
Evansville, IN DMA: Union, Henderson,Evansville, IN DMA: 1 (UHF analog and
Daviess, Hancock, Webster, McLean, Ohio,5,580+18,360+36,580+digital) commercial station with city of license
iki/CRS-RL32641Hopkins, Muhlenberg3,230+5,400+4,050+in Madisonville, KY, 1 (UHF analog and
g/w9,070+18,580+12,090=508,980digital) noncommercial station transmittingfrom Madisonville, KY, and 1 (UHF analog
s.orand digital) noncommercial station
leaktransmitting from Owensboro, KY
://wikiuisiana 1 ,667,710 no ne 0 0.00%
httpne 534,740 no ne 0 0.00%
land2,075,720Washington, DC DMA: Frederick,77,010+51,710+44.13%Washington, DC DMA: 1 (UHF analog and
Washington, Montgomery, Prince George’s341,700+298,970+digital) commercial NBC-affiliated station with
Charles, Calvert, St. Mary’s, Allegheny 45,330+28,310+32,390+29city of license in Hagerstown, MD, 1 UHF
,350+analog commercial station with city of license
in Hagerstown, MD, 1 (UHF analog and
digital) noncommercial station transmitting
from Hagerstown, MD, and 1 UHF analog
noncommercial station transmitting from
Frederick, MD
Pittsburgh, PA DMA: Garrett
11,270=Pittsburgh, PA DMA: 1 UHF analog
916,040noncommercial station transmitting from
CRS-44
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Oakland, MD
ssachu-2,487,160Albany-Schenectady-Troy, NY DMA:55,730+10.76%Albany-Schenectady-Troy, NY DMA: 1 (UHF
Berkshire analog and digital) ABC-affiliated commercial
station that is a satellite of an Albany station
with city of license in Adams, MA
iki/CRS-RL32641Providence, RI-New Bedford, MA DMA: no
g/wProvidence, RI-New Bedford, MA DMA:211,920=station with city of license in MA
s.orB r isto l 267,650
leakchigan3,867,220Green Bay-Appleton, WI DMA: Menominee 10,760+3.60%Green Bay-Appleton, WI DMA: no station
with city of license in MI (1 VHF analog CBS-
://wikiaffiliated commercial station with city of
httplicense in Escanaba, MI is in the Marquette, MI
DMA but is a satellite of a Green Bay station);
Toledo, OH DMA: Lenawee Toledo, OH DMA: no station with city of
37,380+license in MI;
South Bend-Elkhart, IN DMA: Berrien, Cass South Bend-Elkhart, IN DMA: no station with
63,850+20,120+city of license in MI;
Duluth, MN-Superior, WI DMA: Gogebic
Duluth, MN-Superior, WI DMA: no station
7,060=with city of license in MI
139,170
nnesota1,951,070Sioux Falls, SD DMA: Lincoln, Pipestone,2,640+3,940+7.59%Sioux Falls, SD DMA: 1 UHF analog
CRS-45
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Murray, Rock, Nobles 3,670+3,960+7,910+noncommercial station transmitting from
Worthington, MN;
Fargo-Valley City, ND DMA: Kittson,2,070+6,300+Fargo-Valley City, ND DMA: 1 VHF analog
Roseau, Lake of the Woods, Marshall,1,820+4,040+5,530+FOX-affiliated station that is a satellite of a
Pennington, Red Lake, Polk, Clearwater,1,660+12,480+3,220+Fargo station with city of license in Thief River
iki/CRS-RL32641Norman, Mahnomen, Clay, Becker, Wilkin,2,960+1,980+19,260+Falls, MN;
g/wOtter Tail 12,130+2,690+22,990+
s.orLa Crosse-Eau Claire, WI DMA: Winona,19,090+7,820=La Crosse-Eau Claire, WI DMA: no station
leakHouston148,160with city of license in MN
://wikississippi1,059,080New Orleans, LA DMA: Pearl River,18,960+18,040+17.60%New Orleans, LA DMA: no station with city of
httpHancock license in MS;
Memphis, TN DMA: De Soto, Tunica,44,080+3,510+9,880+Memphis, TN DMA: 1 (UHF analog and
Coahoma, Quitman, Panola, Tate, Lafayette,3,400+12,680+9,270+digital) commercial station with city of license
Marshall, Benton, Tippah, Alcorn 15,380+12,520+2,970+in Holly Springs, MS and 1 UHF analog
8,130+14,500+noncommercial station transmitting from
Oxford, MS;
Mobile, AL-Pensacola-Fort Walton Beach,
FL DMA: Greene 4,220+Mobile, AL-Pensacola-Fort Walton Beach, FL
DMA: no station with city of license in MS;
Baton Rouge, LA DMA: Wilkinson, AmiteBaton Rouge, LA DMA: no station with city of
3,590+5,270=license in MS
CRS-46
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
186,400
ssouri2,233,240Omaha, NE DMA: Atchison2,570+8.64%Omaha, NE DMA: no station with city of
license in MO;
Jonesboro, AR DMA: Ripley 5,250+Jonesboro, AR DMA: no station with city of
license in MO;
iki/CRS-RL32641
g/wPaducah, KY-Cape Girardeau-Harrisburg,7,020+4,710+Paducah, KY-Cape Girardeau-Harrisburg, MO-
s.orMO-Mount Vernon, IL DMA: Perry,4,700+27,510+2,340+Mount Vernon, IL DMA: 1 (UHF analog and
leakMadison, Bollinger, Cape Girardeau, Carter,5,730+16,790+12,120+digital) FOX-affiliated commercial station with
Wayne, Butler, Stoddard, Scott, Mississippi,15,770+5,160+7,640+city of license in Cape Girardeau, MO, 1 (VHF
://wikiNew Madrid, Dunklin, Pemiscot 13,100+7.670+analog and digital) CBS-affiliated commercial
httpstation with city of license in Cape Girardeau,and 1 UHF analog commercial station that is a
satellite of a Harrisburg, IL station with city of
license in Poplar Bluff, MO;
Quincy, IL-Hannibal, MO-Keokuk, IA DMA:Quincy, IL-Hannibal, MO-Keokuk, IA DMA:
Clark, Lewis, Marion, Ralls, Monroe, Shelby,2,950+4,040+11,000+1 (VHF analog and digital) CBS- affiliated
Knox, 3,880+3,960+2,760+commercial station with city of license in
1,760+Hannibal, IL
Ottumwa, IA-Kirksville, MO DMA: Putnam,Ottumwa, IA-Kirksville, MO DMA: no station
Schuyler, Scotland, Sullivan, Adair, Macon 2,260+1,670+1,830+with city of license in MO
2,860+9,540+6,360=
CRS-47
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
192,950
tana354,900Spokane, WA DMA: Lincoln7,370+5.24%Spokane, WA DMA: no station with city of
license in MT;
iki/CRS-RL32641Minot-Bismarck-Dickinson, ND DMA:1,520+890+3,420+Minot-Bismarck-Dickinson, ND DMA: no
g/wSheridan, Daniels, Roosevelt, Richland,3,750+780+390+station with city of license in MT;
s.orMcCone, Wibaux
leak
Rapid City, SD DMA: Carter480=Rapid City, SD DMA: no station with city of
://wiki18,600license in MT
httpbraska675,030Denver, CO DMA: Kimball, Cheyenne,1,690+4,070+890+12.53%Denver, CO DMA: 1 (VHF analog and digital)
Deuel, Keith, Garden, Grant, Hooker, Dawes,3,620+980+290+290+noncommercial station transmitting from
Box Butte3,380+4,670+Alliance, NE;
Wichita-Hutchinson, KS DMA: Dundy 860+Wichita-Hutchinson, KS DMA: no station with
city of license in NE:
Sioux Falls, SD DMA: Cherry 2,420+Sioux Falls, SD DMA: 1 (VHF analog and
digital) noncommercial station transmitting
from Merriman, NE;
Sioux City, IA DMA: Dakota, Thurston,7,270+2,190+2,380+Sioux City, IA DMA: 1 (UHF analog and
Dixon, Cedar, Wayne, Stanton, Knox, Pierce,3,580+3,380+2,280+digital) noncommercial station transmitting
CRS-48
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Madison 3,700+2,880+13,450+from Norfolk, NE;
Rapid City, SD DMA: Sioux, Sheridan,590+2,460+2,070+Rapid City, SD DMA: no station with city of
Morrill, Banner300+license in NE;
Cheyenne, WY-Scottsbluff, NE DMA:14,870=Cheyenne, WY-Scottsbluff, NE DMA: 1 (VHF
iki/CRS-RL32641Scottsbluff84,560analog and digital) ABC- affiliated commercial
g/wstation with city of license in Hay Springs, NEand 1 (VHF analog and digital) CBS-affiliated
s.orcommercial station that is a satellite of a
leakCheyenne station with city of license in
://wikiScottsbluff, NE
httpvada833,960Salt Lake City, UT DMA: Elko, Eureka,White Pine15,390+560+2,730=18,6802.24%Salt Lake City, UT DMA: 1 VHF analog NBC-affiliated commercial station with city of
license in Elko
498,150Portland-Auburn, ME DMA: Coos, Carroll 14,090+19,150+100.00%Portland-Auburn, ME DMA: no station with
pshirecity of license in NH;
Burlington, VT-Plattsburgh, NY DMA:
Grafton, Sullivan 32,570+16,910+Burlington, VT-Plattsburgh, NY DMA: 1
(UHF analog and digital) noncommercial
station transmitting from Littleton, NH;
Boston, MA-Manchester, NH DMA:
Cheshire, Hillsborough, Belknap, Merrimack,28,940+151,430+Boston, MA-Manchester, NH DMA: 1 (VHF
Strafford, Rockingham24,310+55,020+44,910+11analog and digital) ABC- affiliated commercial
0,820=station with city of license in Manchester, NH,
CRS-49
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
498,1501 (UHF analog and digital) Telemundo-
affiliated station with city of license in
Merrimack, NH, 1 (UHF analog and digital)
commercial station with city of license in
Derry, NH, 1 UHF analog commercial satellite
of a Boston station with city of license in
iki/CRS-RL32641Concord, NH, 1 (VHF analog and digital)
g/wnoncommercial station transmitting fromDurham, NH, and 1 (UHF analog and digital)
s.ornoncommercial station transmitting from
leakKeene, NH
://wikiw Jersey3,149,060New York City, NY DMA: Sussex, Passaic,53,440+162,910+100.00%New York City, NY DMA: 1 UHF analog
httpBergen, Warren, Morris, Essex, Hunterdon,Somerset, Union, Middlesex, Monmouth,337,120+40,540+177,670+283,930+Telefutura-affiliated station with city of licensein Newark, NJ, 1 (UHF analog and digital)
Ocean, Hudson45,890+114,650+Univision-affiliated station with city of license
187,390+274,310+in Paterson, NJ, 1 UHF analog Telemundo-
233,080+210,890+affiliated station with city of license in Linden,
235,700+NJ, 1 VHF analog commercial station with city
of license in Secaucus, NJ, 1 (UHF analog and
digital) commercial station with city of license
in Newton, NJ, 1 (UHF analog and digital)
noncommercial station transmitting from
Montclair, NJ, 1 (UHF analog and digital)
noncommercial station transmitting from West
Milford, NJ, 1 UHF analog noncommercial
CRS-50
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
station transmitting from New Brunswick, and
1 digital noncommercial station transmitting
from New York
Philadelphia, PA DMA: 1 (UHF analog and
Philadelphia, PA DMA: Burlington, Camden,162,600+188,460+digital) Telemundo-affiliated station with city
iki/CRS-RL32641Gloucester, Salem, Cumberland, Atlantic,95,850+24,570+49,800+97of license in Atlantic City, NJ, 1 UHF digital
g/wCape May, Mercer,320+43,090+129,850=commercial station with city of license inAtlantic City, NJ, 1 UHF analog Univision-
s.or3,149,060affiliated station with city of license in
leakVineland, NJ, 1 UHF analog NBC-affiliated
://wikistation with city of license in Wildwood, NJ, 1(UHF analog and digital) noncommercial
httpstation transmitting from Camden, NJ, and 1
(UHF analog and digital) noncommercial
station transmitting from Trenton, NJ
685,270Amarillo, TX DMA: Union, Quay, Curry,1,670+4,130+16,800+13.41%Amarillo, TC DMA: 1 (VHF analog and
icoRoosevelt 6,470+digital) ABC-affiliated commercial satellite of
an Amarillo station with city of license in
Clovis, NM, and 1 (VHF analog and digital)
noncommercial station transmitting from
Portales, NM;
Odessa-Midland, TX DMA: Lea South 1,770+Odessa-Midland, TX DMA: no station with
city of license in NM;
CRS-51
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
El Paso, TX-Las Cruces, NM DMA: Dona61,050=El Paso, TX-Las Cruces, NM DMA: 1(UHF
Ana91,890analog and digital) Telemundo- affiliated
commercial station with city of license in Las
Cruces, NM, and 1 (UHF analog and digital)
noncommercial station transmitting from Las
Cruces, NM
iki/CRS-RL32641w York7,025,170Burlington, VT-Plattsburgh, NY DMA:15,310+17.980+0.90%Burlington, VT-Plattsburgh, NY DMA: 1
g/wEssex, Franklin, Clinton29,880=(VHF analog and digital) NBC- affiliated
s.or63,170commercial station with city of license in
leakPlattsburgh, NY, and 1 (UHF analog and
digital) noncommercial station transmitting
://wikifrom Plattsburgh, NY
httprth3,285,010Atlanta, GA DMA: Clay 4,090+12.71%Atlanta, GA DMA: no station with city of
olinalicense in NC;
Norfolk-Portsmouth-Newport News, VA8,900+9,140+3,930+Norfolk-Portsmouth-Newport News, VA
DMA: Northampton, Hertford, Gates,2,870+13,250+7,480+DMA: 1 VHF analog commercial station with
Camden, Pasquotank, Currituck, Perquimans,4,810+5,590+13,570+city of license in Manteo, NC;
Chowan, Dare
Chattanooga, TN DMA: Cherokee 10,610+Chattanooga, TN DMA: no station with city of
license in NC;
Myrtle Beach-Florence, SC DMA: Robeson,44,720+13,680+Myrtle Beach-Florence, SC DMA: 1 (UHF
Scotland analog and digital) noncommercial station
CRS-52
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
transmitting from Lumberton, NC;
Greenville-Spartanburg-Anderson, SC-3,440+5,340+24,160+
Asheville, NC DMA: Graham, Swain,8,480+7,410+6,960+Greenville-Spartanburg-Anderson, SC-
Haywood, Madison, Yancey, Mitchell,17,360+87,600+13,270+14Asheville, NC DMA: 1 (UHF analog and
McDowell, Buncombe, Macon, ,230+13,050+digital) commercial station with city of license
Jackson, Transylvania, Henderson, Polk,39,600+8,220+25,930=in Asheville, NC, and 1 (UHF analog and
iki/CRS-RL32641Rutherford417,690digital) noncommercial station transmitting
g/wfrom Asheville, NC
s.orrth 253,780 no ne 0 0.00%
leako ta
io4,506,760Charleston-Huntington, WV DMA: Athens,22,330+5.24%Charleston-Huntington, WV DMA: 1 (UHF
://wikiMeigs, Vinton, Jackson, Gallia, Lawrence,9,280+4,940+12,650+analog and digital) commercial station with
httpScioto11,960+24,970+city of license in Portsmouth, OH, 1 UHF
30,380+analog noncommercial station transmitting
from Portsmouth, OH, and 1 (UHF analog and
digital) noncommercial station transmitting
from Athens, OH;
Fort Wayne, IN DMA: Paulding, Van Wert7,900+11,550+Fort Wayne, IN DMA: no station with city of
license in OH;
Parkersburg, WV DMA: Washington
25,270+Parkersburg DMA: no station with city of
license in OH:
Wheeling, WV-Steubenville, OH DMA:
Noble, Monroe, Belmont, Jefferson, Harrison4,590+6,060+27,870+Wheeling, WV-Steubenville, OH DMA: 1
CRS-53
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
30,010+6,440=(VHF analog and digital) NBC-affiliated
236,200commercial station with city of license in
Steubenville, OH
lahoma1,358,210Shreveport, LA DMA: McCurtain12,990+16.33%Shreveport, LA DMA: no station with city of
license in OK;
iki/CRS-RL32641Fort Smith-Fayetteville, Springdale-Rogers,14,900+17,820+Fort Smith-Fayetteville-Springdale-Rogers, AR
g/wAR DMA: Sequoyah, Le Flore,DMA: no station with city of license in OK;
s.or
leakAmarillo, TX DMA: no station with city of
Amarillo, TX DMA: Cimarron, Texas,1,250+7,090+2,060+license in OK;
://wikiB eaver
httpJoplin, MO-Pittsburg, KS DMA: Ottawa12,880+Joplin, MO-Pittsburg, KS DMA: no stationwith city of license in OK;
Wichita Falls, TX-Lawton, OK DMA: 1 VHF
Wichita Falls, TX-Lawton, OK DMA:10,090+analog ABC-affiliated commercial station with
Jackson, Tillman, Cotton, Comanche ,3,450+2,680+39,360+city of license in Lawton, OK;
Stephens, Jefferson17,090+2,650+
Sherman, TX-Ada, OK DMA: 1 (VHF analog
and digital) NBC-affiliated commercial station
Sherman, TX-Ada, OK DMA: Carter, Love,17,950+3,420+with city of license in Ada, OK
Marshall, Johnston, Pontotoc, Coal, Atoka,5,510+4,030+13,970+
Bryan, Choctaw, Pushmataha2,360+5,000+14,610+
6,080+4,540=
CRS-54
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
221,780
egon1,353,190Spokane, WA DMA: Wallowa2,910+3.05%Spokane, WA DMA: no station with city of
license in OR;
Boise, ID DMA: Malheur, Grant10,350+3,040+Boise, ID DMA: no station with city of license
in OR:
iki/CRS-RL32641
g/wYakima-Pasco-Richland-Kennewick, WA25,040=Yakima-Pasco-Richland-Kennewick, WA
s.orDMA: Umatilla41,340DMA: 1 VHF analog FOX-affiliated
leakcommercial station with city of license in
Pendleton, OR
://wikinnsyl-4,801,400New York City, NY DMA: Pike18,980+3.36%New York City, NY DMA: no station with city
httpniaof license in PA;
Washington, DC DMA: Franklin, Fulton,50,260+5,510+Washington, DC DMA: no station with city of
license in PA;
Buffalo, NY DMA: McKean, Potter,17,660+6,890+Buffalo, NY DMA: no station with city of
license in PA;
Youngstown, OH DMA: Mercer46,010+Youngstown, OH DMA: no station with city of
license in PA;
Elmira, NY DMA: Tioga15,900=Elmira, NY DMA: no station with city of
161,210license in PA
CRS-55
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
ode 423,690 no ne 0 0.00% no ne
and
uth1,604,820Charlotte, NC DMA: York, Chester,65,870+13,070+17.19%Charlotte, NC DMA: 1 (UHF analog and
olinaLancaster, Chesterfield24,050+17,380+digital) commercial station with city of license
in Rock Hill, SC, and 1 UHF analog
noncommercial station transmitting from Rock
iki/CRS-RL32641Hill, SC;
g/w
s.orSavannah, GA DMA: Hampton, Jasper,7,640+7,320+50,010+Savannah, GA DMA: 1 UHF analog FOX-
leakBeaufortaffiliated commercial station with city of
license in Hardeeville, SC, and 1 UHF analog
://wikinoncommercial station transmitting from
httpBeuafort, SC;
Augusta, GA DMA: McCormick, Edgefield,3,720+9,070+58,530+Augusta, GA DMA: 1 UHF analog
Aiken, Barnwell, Bamberg, Allendale9,320+6,120+3,830=noncommercial station transmitting from
275,930Allendale, SC
uth293,510Sioux City, IA DMA: Union5,040+2.15%Sioux City, IA DMA: no station with city of
otalicense in SD;
Minot-Bismarck-Dickinson, ND DMA:1,260=Minot-Bismarck-Dickinson, ND DMA: no
Corson6,300station with city of license in SD
nnessee2,297,620Paducah, KY-Cape Girardeau-Harrisburg,2,260+13,330+13,810+1.84%Paducah, KY-Cape Girardeau-Harrisburg, MO-
MO-Mount Vernon, IL DMA: Lake, Obion,Mount Vernon, IL DMA: no station with city
Weakleyof license in TN;
CRS-56
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Huntsville-Decatur, AL DMA: Lincoln12,820=Huntsville-Decatur, AL DMA: no station with
42,220city of license in TN;
xas7,807,130Shreveport, LA DMA: Bowie, Morris,34,600+5,190+4,730+1.40%Shreveport, LA DMA: no station with city of
Marion, Harrison, Panola, Shelby, Cass, Titus24,370+8,810+9,680+license in TX
12,160+9,670 =
iki/CRS-RL32641 109,210
g/wah 731,730 no ne 0 0.00% no ne
s.orrmont243,040Boston, MA-Manchester, NH DMA:17,770+13.42%Boston, MA-Manchester, NH DMA: no station
leakWindhamwith city of license in VT;
://wikiAlbany-Schenectady-Troy, NY DMA:14,850=Albany-Schenectady-Troy, NY DMA: no
httpBennington32,6200station with city of license in VT
rginia2,824,170Washington, DC DMA: Arlington, Fairfax,151,730+381,000+38.26%Washington, DC DMA: 1 (UHF analog and
Loudoun, Clarke, Frederick Warren,75,480+5,150+34,670+digital) commercial station with city of license
Shenandoah, Page, Rappahannock, Culpeper,12,650+14,860+9,440+in Manassas, VA, 1 UHF analog Telefutura-
Fauquier, Prince William, Stafford,2,660+12,870+21,500+affiliated commercial station with city of
Spottsylvania, King George, Westmoreland122,650+34,040+44,100+6license in Arlington, VA, 1 (UHF analog and
,460+6,870+digital) noncommercial station transmitting
from Front Royal, VA, 1 UHF analog
noncommercial station transmitting from
Fairfax, VA, and 1 UHF analog
noncommercial station transmitting from
Goldvein, VA
CRS-57
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Raleigh-Durham, NC DMA: Mecklenburg,Raleigh-Durham, NC DMA: no station with
13,600+city of license in VA;
Greensboro-High Point-Winston Salem, NC
DMA: PatrickGreensboro-High Point-Winston Salem NC
8,340+DMA: no station with city of license in VA;
iki/CRS-RL32641Bluefield, Beckley-Oak Hill, WV DMA:Bluefield-Beckley-Oak Hill, WV DMA: no
g/wTazewell17,870+station with city of license in VA
s.orTri-Cities (Kingsport-Johnson City, TN-Tri-Cities (Kingsport-Johnson City, TN-
leakBristol, VA) DMA: Buchanon, Dickinson,Bristol, VA) DMA: 1 VHF analog and digital)
://wikiLee, Russell, Scott, Smyth, Washington, Wise9,980+6,700+9,630+11,710+9,950+13,670+NBC-affiliated commercial station with city oflicense in Bristol, VA, 1 UHF analog
http(independent cities outside the jurisdiction of29,390+18,310=commercial station with city of license in
any county, such as Alexandria and1,080,640Grundy, VA, 1 (UHF analog and digital)
Manassas, are assigned to a neighboringnoncommercial station transmitted from
county within the same DMA)Marion, VA, and 1 (UHF analog and digital)
noncommercial station transmitted from
Norton, VA
ashing-2,306,020Portland, OR DMA: Wahkiakum, Cowlitz,1,500+35,940+134,260+3,7.92%Portland, OR DMA: 1 (UHF analog and
Clark, Skamania, Klickitat470+7,340=digital) commercial station with city of license
182,510in Vancouver, WA
st733,120Washington, DC DMA: Jefferson, Berkeley,17,170+31,880+18.00%Washington, DC DMA: 1 (UHF analog and
giniaMorgan, Hampshire, Mineral, Grant, Hardy6,390+7,610+10,450+digital) commercial station with city of license
4,370+5,260+in Martinsburg, WV;
CRS-58
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Pittsburgh, PA DMA: Monongalia, Preston34,290+11,390+Pittsburgh, PA DMA: 1 (UHF analog and
digital) noncommercial station transmitting
from Morgantown, WV;
Harrisonburg, VA DMA: Pendleton
3,150=Harrisonburg, VA DMA: no station with city
131,960of license in WV
iki/CRS-RL32641sconsin2,148,430Minneapolis-St. Paul, MN DMA: Burnett,6,800+6,870+17,230+6.82%Minneapolis-St. Paul, MN DMA: 1 UHF
g/wWashburn, Polk, Barron, St. Croix, Dunn,18,160+25,950+15,020+13analog noncommercial station transmitting
s.orPierce,660+from Menomonie, WI;
leak
Marquette, MI DMA: Florence2,170+Marquette, MI DMA: no station with city of
://wikilicense in WI;
httpDuluth, MN-Superior, WI DMA: Sawyer,6,700+18,020+6,180+Duluth, MN-Superior, WI DMA: 1 (VHF
Douglas, Bayfield, Ashland, Iron6,570+3,170=analog and digital) NBC-affiliated commercial
146,500station with city of license in Superior, WI
oming195,370Denver, CO DMA: Carbon, Albany, Platte,5,900+12,470+3,660+54.55%Denver, CO DMA: 1 VHF analog ABC-
Niobrara, Johnson, Campbell940+3,150+13,340+affiliated commercial station (a satellite of a
Casper, WY station) with city of license in
Rawlins, WY;
Salt Lake City, UT DMA: Sublette, Lincoln,2,420+5,550+Salt Lake City, UT DMA: 1 VHF analog CBS-
Uinta, Sweetwater6,870+13,360+affiliated station (a satellite of a Casper, WY
station) with city of license in Rock Springs,
WY;
CRS-59
te# TVCounties in DMAs for which primary city# TV households in% of TVCurrently operating full power broadcast
householdsis outside the state DMAs for which primaryhouseholds inTV stations in DMAs for which primary city
city is outside the stateDMAs foris outside the state
which primary
city is outside
DMA: Countythe state
Idaho Falls-Pocatello, ID DMA: Teton8,150+Idaho Falls-Pocatello, ID DMA: 1 VHF analog
NBC-affiliated commercial station (a satellite
of a Pocatello, ID station) with city of license
in Jackson, WY, and 1 VHF analog
commercial station with city of license in
Jackson, WY;
iki/CRS-RL32641
g/wBillings, MT DMA: Park, Big Horn10,420+4,130+Billings, MT DMA: no station with city oflicense in WY;
s.or
leakRapid City, SD DMA: Sheridan, Crook,11,310+2,280+2,620=Rapid City, SD DMA: 1 (VHF analog and
://wikiWeston106,570digital) ABC-affiliated commercial satellite ofa Rapid City, SD station with city of license in
httpSheridan, WY, and 1 VHF analog commercial
station with city of license in Sheridan WY
: Nielsen Media Research, U.S. Television Household Estimates, September 2003, for data on the number of television households in each county and the DMAs to which each
y is assigned; Warren Communications News, Television & Cable Factbook 2004, for data on the city of license and DMA of each commercial broadcast television station and
smitting location of each noncommercial broadcast television station.