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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** DA 98-2200 October 28, 1998 Released: October 29, 1998 Mr. Sam Antar Vice President, Law & Regulation ABC, Inc. 77 West 66th Street New York, NY 10023-6298 Re: Preemption of Children's Television Educational and Informational Programming Dear Mr. Antar: This letter refers to your request that the Commission accord stations owned and operated by, and affiliated with, ABC, Inc. (ABC) continued, limited flexibility in preempting children's educational and informational, or "core," programming for the 1998-1999 television season. The Bureau granted ABC such flexibility in a July 11, 1997 ruling, concluding that certain preemption practices would not preclude otherwise qualifying programming from being counted toward a station's educational and information programming requirements. In that July 11, 1997 ruling, we considered ABC's proposals regarding the rescheduling and promotion of "core" programming for the 1997-1998 television season, and specifically accepted its proposals to commit to certain promotional and preemption notification efforts in exchange for a limited amount of preemption flexibility of children's educational and informational programming. Recently, ABC requested a continuation of this preemption flexibility for the 1998-1999 television season, and provided the Bureau with information concerning its preemption practices, preemption notification efforts and promotional efforts during the 1997-1998 television season. ABC also provided the Bureau with its anticipated preemptions for the 1998-1999 television season. Performance During the 1997-1998 Television Season We begin our review of ABC's performance during the 1997-1998 television season by recognizing that the initial year of operation under the children's educational programming rules adopted in 1996 was necessarily an experiment for those charged with complying with our rules. Under these circumstances, we believe that areas of needed improvement can be identified without making any actionable "findings" pertaining to the 1997-1998 television season. It is in that spirit that we would like to commend ABC on its performance during the 1997-1998 television season, and note that we believe it is unnecessary to identify any areas of needed improvement. Not only does it appear that ABC's owned and operated stations experienced a relatively low average preemption rate during the 1998-1999 season, we also believe it appears as though ABC fully satisfied its preemption notification and promotional commitments for last year. Preemption Rates With respect to ABC's preemption practices during the 1997-1998 television season, we are pleased to report that it appears that ABC's owned and operated stations experienced a relatively low average preemption rate of 5.7% -- a rate only slightly higher than CBS's average preemption rate of 4.1% and significantly lower than NBC's average preemption rate of 10.7%. We also note that ABC's relatively low average preemption rate is even more meaningful in light of the fact that ABC's owned and operated stations reported broadcasting over 40% more core hours children's programming than NBC, and almost 50% more core hours than CBS. Preemption Notification Efforts Last year, ABC committed to provide publishers of program guides with the alternate date/time in advance of any core programming preemption for live network sports events and to notify viewers during the previously scheduled episode and at the time of preemption with respect to the alternate date/time when the preempted show will air. During the 1997-1998 television season, ABC reported that each week it supplied four-week advance notice of rescheduling information, as well as last- minute schedule changes, when feasible, to three program guide publishers: "TV Guide," Tribune Media Services and TV Data. ABC also indicated that it put in place a system to supply all its affiliated stations advance program schedules, including information about live sports preemptions and rescheduling, and this information enabled ABC stations to notify their local program guides. In addition, ABC reported that, with minor exceptions, its owned and operated stations regularly aired the required on-air preemption and rescheduling announcements and sent information to program guides about preemptions and rescheduling. Given that ABC routinely provided three program guide publishers with rescheduling information, and its owned and operated stations, with minor exceptions, regularly aired preemption and rescheduling announcements, we are pleased to report that it appears that ABC fully satisfied its preemption notification commitments. Promotional Efforts Last year, ABC committed to aggressively promote its Saturday morning educational programming during prime time on Friday evenings, through the purchase of paid media and in a preview guide in the Disney Adventure magazine. During the 1997-1998 television season, ABC reported that from September, 1997, to May, 1988, it ran 166, ten to 30-second prime time promotional spots (an average of 3.4 spots per week), 677, ten to 15-second Saturday morning promotional spots (an average of 17 spots per week), and more than 400 Saturday morning voice-overs (an average of 10 spots per week). ABC also reported promoting its children's educational and informational programming in six issues of the "Disney Adventure Magazine" (including a six-page special insert in the October, 1997 issue), as well as in other national magazines, including "People," "Sports Illustrated for Kids" and "TV Guide." ABC also stated that it promoted its programming through various radio and television spots. Given ABC's large number of both prime time and Saturday morning promotional efforts, as well as its numerous promotions in the print media, including Disney Adventure Magazine, we are pleased to report that it appears that ABC fully satisfied its promotional commitments. Anticipated Preemptions for the 1998-1999 Television Season For the 1998-1999 television season, ABC informed the Bureau that it anticipates approximately the same number of sports preemptions of core children's programs by its owned and operated stations as during the past year. Preemption Flexibility for the 1998-1999 Television Season Having reviewed your network's past performance, and considering your projected preemptions for the 1998-1999 television season, we have decided once again to afford ABC limited flexibility in preempting core programming under the same terms and conditions as applied during the 1997-1998 season. We continue to find such flexibility consistent with our goals of maintaining scheduling continuity and predictability for the children's audience. We base our conclusions on your representation that ABC will: (1) provide publishers of program guides with the alternate date/time in advance of any core programming preemption for live network sports events and notify viewers during the previously scheduled episode and at the time of preemption with respect to the alternate date/time when the preempted show will air; and (2) promote aggressively the Saturday morning educational programming during prime time on Friday evenings, through the purchase of paid media and in a preview guide in the Disney Adventure magazine. We will allow ABC: (1) to count a preempted children's core program toward a station's core programming obligation if the program is rescheduled during the Saturday morning children's block of programming, either earlier that day or the next Saturday (and a few instances in the Pacific time zone rescheduled to a subsequent Saturday when accompanied by adequate publication and promotion), or, in isolated circumstances, at any time during core hours during the week of preemption; and (2) to exempt from the above provisions core programming that is preempted for breaking news, though we encourage stations to reschedule programming in these circumstances. We emphasize, however, the limited nature of the preemption flexibility which we are granting here, as it is based on ABC's anticipated level of preemption for the 1998-1999 television season, and is based on ABC's performance of the above notification and promotional commitments. In the event ABC cannot fulfill any of its commitments, we would expect an explanation as to why such compliance was not possible. We also advise you here, as we did in our July 11, 1997 ruling, that although this letter addresses ABC's specific requests regarding network scheduling, it remains the duty of each television broadcaster to comply with the requirements of the Children's Television Report and Order. Moreover, every effort should be made to minimize each individual station's number of preemptions, and we would expect that those stations having higher than the network's average projected preemption rate will increase their efforts both to notify viewers of rescheduled programming and to promote their children's core programming more aggressively. Furthermore, the Commission will continue to review each licensee's performance to ensure compliance with the rules. Finally, we note that this is the first year in which we have reviewed requests for extension of the limited preemption flexibility granted to the networks, and, as a result of the experience we have gained in this year's review, we have decided that other interested stakeholders should be given the opportunity to comment on any future requests for extension of the limited preemption flexibility we are granting here. Moreover, we believe the public interest would be best served by developing a complete, comprehensive record on which the Bureau may base future decisions to grant any preemption flexibility extension requests. Accordingly, next year, if ABC decides that it would like the Bureau to extend the limited preemption flexibility granted here, we would seek your cooperation in submitting ABC's extension request early in the summer of 1999 (preferably June) to allow sufficient time for public notice and comment to be completed prior to the beginning of the 1999- 2000 television season. Additionally, in response to any extension request, we would seek your continued assistance in providing information concerning ABC's preemption, promotion and rescheduling practices during the 1998-1999 television season. Sincerely, Roy J. Stewart Chief, Mass Media Bureau