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X(# 2_"]#^]$d ^%o^SubheadingSubheading"0\ E A.  FOOTNOTEFootnote - Appearance#PHIGHLIGHT 1Italics and Boldldedd$+. DRAFT ONHeader A Text = DRAFT and Date% X =8` (#FDRAFTă r  ` (#=D3 1, 43 12pt (Z)(PC-8))T2Dă  ӟ2c&_'XN`(1`)1aDRAFT OFFTurn Draft Style off&@@    HEADERHeader A - Appearance'LETTER LANDLetter Landscape - 11 x 8.5( 3'3'Standard'3'3StandardLetter Portrait - 8.5 x 11 ;   LEGAL LANDLegal Landscape - 14 x 8.5)f 3'3'Standard'A'AStandardZ K e6VE L"nu;   2bf*1:c+1kd,ne-X fLETTER PORTLetter Portrait - 8.5 x 11*L 3'3'Standard3'3'StandardZ K e6VE L"nU9   LEGAL PORTLegal Portrait - 8.5 x 14+ 3'3'StandardA'A'StandardLetter Portrait - 8.5 x 119   TITLETitle of a Document,K\ * ăFOOTERFooter A - Appearanced-2Lh.f/ig0d~g1jgBLOCK QUOTESmall, single-spaced, indented.N X HEADING 33rd Heading Level/| XHIGHLIGHT 2Large and Bold Large0B*d. HIGHLIGHT 3Large, Italicized and Underscored1 V -q2Gn2~h3Ej4-k58mLETTERHEADLetterhead - date/margins2u H XX  3'3'LetterheadZ K e VE L"n3'3'LetterheadZ K e VE L"nE9    * 3'3'LetterheadZ K e VE L"n3' II"n"Tv3'StandarddZ K e VE L"nU9 Ѓ   INVOICE FEETFee Amount for Math Invoice3 ,, $0$0  MEMORANDUMMemo Page Format4D.   ! M E M O R A N D U M ă r  y<N dddy   INVOICE EXPSEExpense Subtotals for Math Invoice5:A ,p, $0$002r68yn7o8XRq9[qINVOICE TOTTotals Invoice for Math Macro6z 4p, $0$00INVOICE HEADRHeading Portion of Math Invoice7+C`*   4X 99L$0 **(  ӧ XX NORMALReturn to Normal Typestyle8SMALLSmall Typestyle92s:[7r;[r<[r=[HsFINEFine Typestyle:LARGELarge Typestyle;EXTRA LARGEExtra Large Typestyle<VERY LARGEVery Large Typestyle=2u>s?Xu1dENVELOPEStandard Business Envelope with Header>+w ,,EnvelopeZ K e VE L"n,,EnvelopeLarge, Italicized and Under;    ,, 88+  `   footnote tex#?']#d6X@C@#2 v Y-#Xj\  P6G;oXP#  @-  -@$//Review of the Fin Syn Rules, MM Dkt. 9539;FCC 95382 $/Report and Order; 73.65973.663/$ $/FOR FCC  .K RECORD ONLY/$ `](#FCC 95382  Y-(2 Before the V FEDERAL COMMUNICATIONS COMMISSION  X`-Washington, D.C. 20554 ă  Y -In rex` `  hh@h) x` `  hh@h)  Y -Review of the Syndication andhh@h) MM Docket No. 9539  Y -Financial Interest Rules, Sectionshh@h)  Y -73.659 73.663 of the Commission's Rulesh)  YL- REPORT AND ORDER ă  Y-xAdopted: August 29, 1995hh hReleased: September 6, 1995 By the Commission:  Y- Table of Contentsă  Yg-x` `  hh@hpp  Paragraph  Y9-X` hp x (#%'0*,.8135@8: Y-ԍ#Xj\  P6G;oXP# Second R&O, 8 FCC Rcd at 3340 (codified in 47 C.F.R.  73.663). See also  Y-MO&O, 8 FCC Rcd at 8281 n.30 ("We intend to treat and address pleadings submitted by [proponents of the continuation of the fin/syn rules] similarly to a petition for rule making."). u   Y -In the #Xh*f9 xr G;/3XX#Notice, #Xj\  P6G;oXP#we further explained that commenters opposing the expiration of the rules would "need to convince us that, based on the current status of the program production and distribution markets and the activities of the networks since 1993, the Commission should continue regulation in this area. Parties arguing for retention of fin/syn restrictions should support their positions with empirical data and economic  Yh-analysis." h> Y!-ԍ#Xh*f9 xr G;/3XX# Notice #Xj\  P6G;oXP#at para. 12. Thus, because we determined that, as of 1993, market conditions did not justify retention of the fin/syn rules, we made clear that those favoring retention of the rules would have to present evidence of the networks' behavior and the status of program production and distribution markets since that time.  Y-x6. In both the Second R&O and the #Xh*f9 xr G;/3XX#Notice,#Xj\  P6G;oXP# we also set forth a list of 14 factors that we deemed relevant to our review of the remaining rules. These factors" 0*((" are:  Y-X4` hp x (#%'0*,.8135@8:h\ Y,!-ԍ#Xh*f9 xr G;/3XX# See, e.g., Second R&O, #Xj\  P6G;oXP#8 FCC Rcd at 328687, 3290, 3301, 33089; #Xh*f9 xr G;/3XX#MO&O, #Xj\  P6G;oXP#8 FCC Rcd at 8282.  Under these circumstances, we conclude that no public interest purpose would be served by allowing the rules to remain in effect until November 10, 1995. We thus conclude that all of the remaining fin/syn rules will be repealed immediately upon"#>0*((-"  Y-publication of this Order in the Federal Register.?c\ Yy-ԍ#Xj\  P6G;oXP# As noted above, the Seventh Circuit on review of the Second R&O indicated that it would have supported the immediate repeal of all of the fin/syn rules in 1993. Thus, the Court stated that it would not have "forbidden an immediate rescission of restrictions whose mismatch with the current situation in the broadcast industry becomes more evident by the day." The Court also observed: "The television industry is changing so rapidly that we cannot exclude the possibility that the interim restrictions will come to seem irrational before  Y-they are due to expire." Capital Cities/ABC, Inc., 29 F.3d at 316.   Y--k IV. ADMINISTRATIVE MATTERS AND ORDERING CLAUSES ă  Y-x32. Pursuant to the Regulatory Flexibility Act of 1980, the Commission has set forth a Final Regulatory Flexibility Analysis, which appears in Appendix B. The Secretary shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business  Y2-Administration in accordance with the Regulatory Flexibility Act, 4 U.S.C.  601 #Xh*f9 xr G;/3XX#et  W -seq.#Xj\  P6G;oXP#  Y -x 33. Accordingly, IT IS ORDERED that pursuant to the authority contained in Sections 4(i), 4(j), 301, 303(i), 303(r), 313 and 314 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 301, 303(i), 303(r), 313 and 314, Part 73 of the Commission's Rules, 47 C.F.R. Part 73, IS AMENDED as set forth in  Y-Appendix C, effective upon publication of this Order in the Federal Register.(@\ Y7-ԍ#Xj\  P6G;oXP# #Xh*f9 xr G;/3XX#See #Xj\  P6G;oXP#5 U.S.C.  553(d) (rules that relieve a restriction may be effective less than 30 days after publication in the Federal Register).(  Ye-x!34. In keeping with our recent decision in our PTAR proceeding,Ae \ Y-ԍ#Xj\  P6G;oXP# #Xh*f9 xr G;/3XX#See supra #Xj\  P6G;oXP#note 12. IT IS FURTHER ORDERED that Part 73 of the Commission's Rules, 47 C.F.R. Part 73, IS AMENDED as set forth in Appendix D, effective August 30, 1996.  Y -x"35. IT IS FURTHER ORDERED that MM Docket No. 9539 IS TERMINATED. "B A0*(("  Y-x#36. Further information on this proceeding may be obtained by contacting David Horowitz, Mass Media Bureau, at (202) 7761653, or Robert Kieschnick, Mass Media Bureau, (202) 7390770. x FEDERAL COMMUNICATIONS COMMISSION x William F. Caton x Acting Secretary " A0*((@ "  X-x S APPENDIX A x  Y-x The following parties filed formal comments in response to the FCC's #Xh*f9 xr G;/3XX#Notice  W-of Proposed Rule Making:#Xj\  P6G;oXP# Association of Independent Television Stations, Inc. Capital Cities/ABC, Inc. CBS Inc. Coalition to Preserve the Financial Interest and Syndication Rule King World Productions, Inc. National Broadcasting Company, Inc. xThe following parties filed formal reply comments in response to the FCC's  W -#Xh*f9 xr G;/3XX#Notice of Proposed Rule Making:#Xj\  P6G;oXP# Association of Independent Television Stations, Inc. Capital Cities/ABC, Inc. CBS Inc. Coalition to Preserve the Financial Interest and Syndication Rule Fox Broadcasting Company King World Productions, Inc. National Broadcasting Company, Inc."A0*(("  X-#Xj\  P6G;oXP# YAPPENDIX B  X- Final Regulatory Flexibility Analysis ă  Y-  Y-  X-x I. Need for and Purpose of this Action: xThis action is taken to accelerate the expiration of the Commission's remaining fin/syn rules previously scheduled for November 10, 1995 so that the rules will expire upon publication of this Order in the Federal Register.  X -x II. Summary of Issues Raised by the Public Comments in Response to the  X -Initial Regulatory Flexibility Analysis: xNone.  X-x III. Significant Alternatives Considered and Rejected: xThe Commission considered retaining the remaining fin/syn rules. However, after reviewing the comments submitted in this proceeding, the Commission concluded that the proponents of retaining the rules had not met their burden of proving that the rules are still needed to achieve the FCC's goals of source and outlet diversity in the television programming marketplace. One commenter in this proceeding argued that the fin/syn rules should be strengthened. The Commission considered this argument but concluded that it was without merit in light of the fact that no need for retaining the rules at all had been demonstrated. The Commission also considered leaving the remaining fin/syn rules in place until their previously scheduled expiration date of November 10, 1995, but concluded that no evidence had been presented showing that earlier repeal would disrupt the conduct of business by parties relying on the rules. Given the increased competition facing the networks and the negative effects of the fin/syn rules on production and distribution markets, the Commission concluded that no public interest purpose would be served by waiting until November 10, 1995, to sunset the rules. "A0*(("  Y-S APPENDIX C ă  Y-h Rule Changes  Y- xEffective upon publication of this Order in the Federal Register, Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended as follows: Part 73 RADIO BROADCAST SERVICES x1. The Authority Citation of Part 73 continues to read as follows: AUTHORITY: 47 U.S.C.  154, 303, 334. x2. 47 CFR 73.659, Television network financial interests and syndication rights in firstrun programs, is removed in its entirety, and section 73.659 is reserved. x3. 47 CFR 73.660, Television network participation in program syndication, is removed in its entirety, and section 73.660 is reserved. x4. 47 CFR 73.661, Network television program ownership and syndication reports, is removed in its entirety, and section 73.661 is reserved. x5. 47 CFR 73.662, Definitions for television network financial interest, syndication, and prime time access rules, is amended by revising the title and introductory note to read as follows: Xx47 CFR 73.662, Definitions for television prime time access rules.  XxFor purposes of  73.658(k):  x6. 47 CFR 73.663, Expiration of the financial interest and syndication rules, is removed in its entirety, and section 73.663 is reserved. "A0*(("  Y-S APPENDIX D ă  Y- Further Rule Changes  Y- xEffective August 30, 1996, Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended to read as follows: Part 73 RADIO BROADCAST SERVICES x1. The Authority Citation of Part 73 continues to read as follows: AUTHORITY: 47 U.S.C.  154, 303, 334. x2. 47 CFR 73.662, Definitions for television prime time access rules, is removed in its entirety, and section 73.662 is reserved.