WPC* 2MB<RK Z3|X Times New RomanTimes New Roman BoldTimes New Roman Italic"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN\4  pG;7jC:,ynXj\  P6G;XP7nC:,I\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>\>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\nBnnBmgg>Q\7"yyyy\njc\gnn\"i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\nBnnBsgg>\\7"yyyy\nlc\gnn\ "{,W80,%~UW*f9 xr G;X #W!@(#,h@\  P6G;hP 5hC:,%Xh*f9 xr G;XX"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%7%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lBTn(nBB(AZZ>>n%07\n!"IIIITTenn7TnB@;7>lBBn72)\M K7#^%ny.X80,ɒX\  P6G;Poy.\80,>\4  pG;q7jC:,ynXj\  P6G;XPp7nC:,M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\nBnnBb\\>g\7"yyyy\njc\}nn\ny.X80,ɒX\  P6G;Poy.\80,>\4  pG;q7jC:,ynXj\  P6G;XPp7nC:,  yO~'ԍ103 FCC 2d 407 (1986).> For each year, the data must be obtained as a result of  xindependent professional surveys taken during two oneweek periods which are separated by at least thirty  xQdays, the viewing samples must be distributed proportionately among the relevant cable communities, and  S'not more than one of the surveys may be taken between April and September of each year.I d  {O'ԍSee 47 C.F.R. 76.54(b).I  SB' III. THE PLEADINGS  S' e #5. ` ` In support of its petition, KTKATV states that it is an ABC affiliate licensed to Topeka,  xQKansas, which is part of the Topeka, Kansas Area of Dominant Influence ("ADI") and Designated Market  x<Area ("DMA"). KTKATV points out that the cable communities involved herein are located in the  xTopeka market and all are well within KTKATV's 35mile "specified zone" as well as the station's Grade  xA contour. On the other hand, KTKATV states that distant ABC affiliate, KMBCTV, is licensed to  x*Kansas City, Missouri, is part of the Kansas City ADI/DMA and is located anywhere from 40 to 60 miles  xfrom the subject cable communities. Despite the fact that KMBCTV is located in a different market,  xlKTKATV argues that it is unable to assert its legitimate network nonduplication and syndicated" ,p(p(88"  xexclusivity rights against KMBCTV because that station is considered to be "significantly viewed" in  S'Shawnee County, Kansas. \ {O@' x ԍKMBCTV was listed as significantly viewed for Shawnee County in Appendix B of the Reconsideration of  {O ' xU the Cable Television Report and Order, 36 FCC 2d 326, 278463 (1972). It should be noted that the Reconsideration also listed KMBCTV as significantly viewed in Jefferson County as well (see footnote 1 above).  S' e \6. ` ` KTKATV maintains that KMBCTV is no longer significantly viewed in the cable  xcommunities herein and it commissioned VideoProbeIndex ("VPI"), an independent professional survey  xorganization, to undertake surveys to determine KMBCTV current significantly viewed status. KTKATV  xkstates that VPI conducted surveys of two oneweek periods for each of two consecutive years consistent  xwith the requirements set forth in Section 76.54(b) of the Commission's rules. The first year's surveys  xwere conducted during the weeks of August 2026 and October 29November 4, 1997, and the second  S' xyear's surveys during the weeks of August 2925 and October 28November 3, 1998.6  yO$ 'ԍPetition at 3.6 According to VPI,  xKTKATV states that KMBCTV's share of total viewing hours in noncable homes in the cable  xxcommunities falls below the required 3 percent minimum, within one standard error, as shown in the table below:  S 'Survey` ` HouseholdsSharehhCqStandardppNet  *Standard  S 'Year` ` StudiedViewingqErrorppWeekly  *Error  S '` `  HourshhCqppCirculation  S0'1997` ` 208 1.8hhCq0.7pp15.9  *3.5  S'1998` ` 191 1.7hhCq0.6pp7.0  *2.1@ | yO$'ԍPetition at VPI exhibit.@  x3As a result, KTKATV requests that the Commission grant its petition so that it can assert its network nonduplication and syndicated exclusivity rights in the subject communities.  S@' IV. DISCUSSION  S' e 7. ` ` In KCSTTV, Inc., the Commission determined that Section 76.92(f) of the Commission's  xrules could be waived if it could be shown that a station has not met the standards for significantly viewed  xstatus for two consecutive years based on communityspecific or systemspecific data, to one standard  xerror. KTKATV submits the results of systemspecific surveys conducted by VPI over four separate,  xconsecutive fourweek periods for the two year periods of August and October/November 1997 and  S*' xAugust and October/November 1998. These survey data meet the criteria set forth in the rules and KCST S' xTV, Inc. that the two oneweek surveys be separated by at least 30 days and that both surveys may not  xoccur between April and September. In addition, since combined community surveys were conducted,  xkthe rules require that each community be proportionately represented on the basis of its relative population  xin the sample. We find that the sample distribution herein is proportional to the population, as required,  x_and that the surveys demonstrate that KMBCTV is no longer significantly viewed in the instant communities. "   ,p(p(88"Ԍ S' e ,8. ` ` For the above reasons, we find that a grant of the waiver of the significantly viewed  xtexception from the network nonduplication and syndicated exclusivity rules with regard to the surveys  xsubmitted for the communities of Topeka, Auburn and unincorporated portions of Shawnee County  xp(including the areas known as Berryton and Tecumseh) served by Multimedia, will serve the public  S`'interest.# X` yO' x ԍWe note that our decision today does not include the communities of Pauline and Montara and the  x unincorporated areas of Jefferson County served by Multimedia because they were not included in KTKATV's waiver request. #  S' V. ORDERING CLAUSES  S' e  9. ` ` Accordingly, IT IS ORDERED that the petition filed by Northeast Kansas Broadcast  S'Service, Inc. IS GRANTED.  SH ' e  10. ` ` This action is taken pursuant to authority delegated under Section 0.321 of the  S 'Commission's rules.<  yO'ԍ47 C.F.R. 0.321.< ` ` hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqWilliam H. Johnson ` `  hhCqDeputy Chief, Cable Services Bureau