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HIGHLIGHT 3Large, Italicized and Underscored1 V -q252L/3Ek14-2583LETTERHEADLetterhead - 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$002868G5768X 89[x8INVOICE TOTTotals Invoice for Math Macro6z 4p, $0$00INVOICE HEADRHeading Portion of Math Invoice7+C`*   4X 99L$0 **(  ӧ XX NORMALReturn to Normal Typestyle8SMALLSmall Typestyle92q::[9;[`9<[9=[:FINEFine Typestyle:LARGELarge Typestyle;EXTRA LARGEExtra Large Typestyle<VERY LARGEVery Large Typestyle=2=>:?&<@<A}$=ENVELOPEStandard Business Envelope with Header>+w ,,EnvelopeZ K e VE L"n,,EnvelopeLarge, Italicized and Under;    ,, 88+  `   footnote tex#?']#d6X@C@#head1 #@'d#2p}wC@ #a1Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfA$ 25@B=C[>D>E?a2Paragraph R!1. a. i. 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X` hp x (#%'0*,.8135@8:<     :}D4P ,0*ÍÍ,*Í ., US!!!! ! 2EVK OKWQXSKS"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"",>,>,>,H2H2H2H6H2H6H2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H2^ X- X   u1 X-w  Federal Communications Commission`(#(#X ă  yxdddy \%K  3'3'Standard3'3'LetterheadrJet 5Si$,X  \%K T x` `  hh@hppDA 982200 !(October 28, 1998  XH-x` `  hh@hpp Released: October 29, 1998 Mr. Sam Antar Vice President, Law & Regulation ABC, Inc. 77 West 66th Street New York, NY 100236298 Re: Preemption of Children's Television Educational and Informational Programming Dear Mr. Antar:  xThis letter refers to your request that the Commission accord stations owned and operated by, and  x"affiliated with, ABC, Inc. (ABC) continued, limited flexibility in preempting children's  X-educational and informational, or "core," programming for the 19981999 television season. {Oh- x;Ѝ See Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission, from Sam Antar, Vice President, Law & Regulation, New York, ABC (July 17, 1998).  xThe Bureau granted ABC such flexibility in a July 11, 1997 ruling, concluding that certain  xpreemption practices would not preclude otherwise qualifying programming from being counted  X- xtoward a station's educational and information programming requirements." {Of- xЍ See Letter from Roy J. Stewart, Chief, Mass Media Bureau, Federal Communications Commission, to Alan N. Braverman, Senior Vice President & General Counsel, New York, ABC (July 11, 1997). In that July 11, 1997  xzruling, we considered ABC's proposals regarding the rescheduling and promotion of "core"  xkprogramming for the 19971998 television season, and specifically accepted its proposals to  xcommit to certain promotional and preemption notification efforts in exchange for a limited  X7-amount of preemption flexibility of children's educational and informational programming.A7| {Od#-Ѝ See id.A  xRecently, ABC requested a continuation of this preemption flexibility for the 19981999  xKtelevision season, and provided the Bureau with information concerning its preemption practices,  X- xpreemption notification efforts and promotional efforts during the 19971998 television season. {O(- xJЍ See Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission, from Sam Antar, Vice President, Law & Regulation, New York, ABC (July 17, 1998).  x\ABC also provided the Bureau with its anticipated preemptions for the 19981999 television" h ,,, "  X-season.7 {Oy-ԍ See id.7  W< Performance During the 19971998 Television Season   xWe begin our review of ABC's performance during the 19971998 television season by  xrecognizing that the initial year of operation under the children's educational programming rules  xadopted in 1996 was necessarily an experiment for those charged with complying with our rules.  x Under these circumstances, we believe that areas of needed improvement can be identified without making any actionable "findings" pertaining to the 19971998 television season.  x.It is in that spirit that we would like to commend ABC on its performance during the 19971998  xtelevision season, and note that we believe it is unnecessary to identify any areas of needed  ximprovement. Not only does it appear that ABC's owned and operated stations experienced a  x.relatively low average preemption rate during the 19981999 season, we also believe it appears  xas though ABC fully satisfied its preemption notification and promotional commitments for last year.  Vy-  Preemption Rates  xMWith respect to ABC's preemption practices during the 19971998 television season, we are  x-pleased to report that it appears that ABC's owned and operated stations experienced a relatively  xOlow average preemption rate of 5.7% a rate only slightly higher than CBS's average  X- x[preemption rate of 4.1% and significantly lower than NBC's average preemption rate of 10.7%.zXZJ yO- xЍ These average preemption rates for ABC, CBS and NBC are based on data reported by the three networks'  xowned and operated stations in their FCC Form 398 (Children's Television Programming Report) submissions for the fourth quarter, 1997, the first quarter 1998 and the second quarter 1998.z  xWe also note that ABC's relatively low average preemption rate is even more meaningful in light  xjof the fact that ABC's owned and operated stations reported broadcasting over 40% more core  X-hours children's programming than NBC, and almost 50% more core hours than CBS.|~zJ yO- xЍ ABC's owned and operated stations reported, on average, 4.4 core hours of children's programming per week,  xxCBS's owned and operated stations reported, on average, 3.0 core hours per week, and NBC reported, on average,  {O|- x3.1 core hours per week. See id. We emphasize, however, that stations are only required to broadcast three "core"  xihours of programming to fall within the "safe harbor" provisions of the Commission's children's educational and  {O!- xYinformational programming rules. See Policies and Rules Concerning Children's Television Programming, Revision  {O!- xof Programming Policies for Television Broadcast Stations, Report and Order, 11 FCC Rcd 10660, 1071875 (1996). |  V- Preemption Notification Efforts  xyLast year, ABC committed to provide publishers of program guides with the alternate date/time  xin advance of any core programming preemption for live network sports events and to notify  xjviewers during the previously scheduled episode and at the time of preemption with respect to"7 ,))qq"  X- xthe alternate date/time when the preempted show will air.J {Oy- xЍ See Letter from Roy J. Stewart, Chief, Mass Media Bureau, Federal Communications Commission, to Alan N. Braverman, Senior Vice President & General Counsel, New York, ABC (July 11, 1997). During the 19971998 television  xkseason, ABC reported that each week it supplied fourweek advance notice of rescheduling  xkinformation, as well as lastminute schedule changes, when feasible, to three program guide  X- x=publishers: "TV Guide," Tribune Media Services and TV Data. "J {O- xЍ See Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission, from Sam Antar, Vice President, Law & Regulation, New York, ABC (July 17, 1998). ABC also indicated that it put  xin place a system to supply all its affiliated stations advance program schedules, including  xinformation about live sports preemptions and rescheduling, and this information enabled ABC  Xv- xstations to notify their local program guides.7 v|J {O -ԍ See id.7 In addition, ABC reported that, with minor  xLexceptions, its owned and operated stations regularly aired the required onair preemption and  xrescheduling announcements and sent information to program guides about preemptions and  X1- x?rescheduling.7 1J {O-ԍ See id.7 Given that ABC routinely provided three program guide publishers with  xrescheduling information, and its owned and operated stations, with minor exceptions, regularly  xaired preemption and rescheduling announcements, we are pleased to report that it appears that ABC fully satisfied its preemption notification commitments.  V - Promotional Efforts  x^Last year, ABC committed to aggressively promote its Saturday morning educational  xjprogramming during prime time on Friday evenings, through the purchase of paid media and in  Xb- x=a preview guide in the Disney Adventure magazine. bJ {O- xKЍ See Letter from Roy J. Stewart, Chief, Mass Media Bureau, Federal Communications Commission, to Alan N. Braverman, Senior Vice President & General Counsel, New York, ABC (July 11, 1997). During the 19971998 television season,  xABC reported that from September, 1997, to May, 1988, it ran 166, ten to 30second prime time  x[promotional spots (an average of 3.4 spots per week), 677, ten to 15second Saturday morning  x-promotional spots (an average of 17 spots per week), and more than 400 Saturday morning voice X- xovers (an average of 10 spots per week).  J {O - xЍ See Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission, from Sam Antar, Vice President, Law & Regulation, New York, ABC (July 17, 1998). ABC also reported promoting its children's  x[educational and informational programming in six issues of the "Disney Adventure Magazine"  x(including a sixpage special insert in the October, 1997 issue), as well as in other national  X- xmagazines, including "People," "Sports Illustrated for Kids" and "TV Guide."7T J {O%-ԍ See id.7 ABC also stated  X- xthat it promoted its programming through various radio and television spots.7J {OA(-ԍ See id.7 Given ABC's"x,))qq"  x]large number of both prime time and Saturday morning promotional efforts, as well as its  xnumerous promotions in the print media, including Disney Adventure Magazine, we are pleased to report that it appears that ABC fully satisfied its promotional commitments.  W< Anticipated Preemptions for the 19981999 Television Season  X-   xFor the 19981999 television season, ABC informed the Bureau that it anticipates approximately  xjthe same number of sports preemptions of core children's programs by its owned and operated  XH-stations as during the past year.=HJ {O -ԍ See id.=  W1<  W <  Preemption Flexibility for the 19981999 Television Season   xHaving reviewed your network's past performance, and considering your projected preemptions  xfor the 19981999 television season, we have decided once again to afford ABC limited flexibility  xKin preempting core programming under the same terms and conditions as applied during the 1997 x1998 season. We continue to find such flexibility consistent with our goals of maintaining scheduling continuity and predictability for the children's audience.  Xb- xi We base our conclusions on your representation that ABC will: (1) provide publishers of program  xMguides with the alternate date/time in advance of any core programming preemption for live  xnetwork sports events and notify viewers during the previously scheduled episode and at the time  xof preemption with respect to the alternate date/time when the preempted show will air; and  xL(2) promote aggressively the Saturday morning educational programming during prime time on  xFriday evenings, through the purchase of paid media and in a preview guide in the Disney Adventure magazine.  X- xz We will allow ABC: (1) to count a preempted children's core program toward a station's core  xprogramming obligation if the program is rescheduled during the Saturday morning children's  xblock of programming, either earlier that day or the next Saturday (and a few instances in the  xPacific time zone rescheduled to a subsequent Saturday when accompanied by adequate  xjpublication and promotion), or, in isolated circumstances, at any time during core hours during  xLthe week of preemption; and (2) to exempt from the above provisions core programming that is  x-preempted for breaking news, though we encourage stations to reschedule programming in these circumstances.  X- x.We emphasize, however, the limited nature of the preemption flexibility which we are granting  xhere, as it is based on ABC's anticipated level of preemption for the 19981999 television season,  X!- xand is based on ABC's performance of the above notification and promotional commitments. In  xthe event ABC cannot fulfill any of its commitments, we would expect an explanation as to why  X#-such compliance was not possible.  xWe also advise you here, as we did in our July 11, 1997 ruling, that although this letter addresses"S%Z,))qqT$"  xABC's specific requests regarding network scheduling, it remains the duty of each television  X- xbroadcaster to comply with the requirements of the Children's Television Report and Order.&J {Ob- xKЍ See Letter from Roy J. Stewart, Chief, Mass Media Bureau, Federal Communications Commission, to Alan  {O,- xN. Braverman, Senior Vice President & General Counsel, New York, ABC (July 11, 1997); Policies and Rules  {O- xConcerning Children's Television Programming, Revision of Programming Policies for Television Broadcast Stations, Report and Order, 11 FCC Rcd 10660 (1996).   X- xMoreover, every effort should be made to minimize each individual station's number of  X- xpreemptions, and we would expect that those stations having higher than the network's average  X- xprojected preemption rate will increase their efforts both to notify viewers of rescheduled  X- xprogramming and to promote their children's core programming more aggressively.J yO - xЍ For example, this past television season, stations in the Pacific time zone generally experienced much higher preemption rates, often reaching double digit levels, than stations in the other three time zones.   xMFurthermore, the Commission will continue to review each licensee's performance to ensure compliance with the rules.  xFinally, we note that this is the first year in which we have reviewed requests for extension of  xthe limited preemption flexibility granted to the networks, and, as a result of the experience we  xhave gained in this year's review, we have decided that other interested stakeholders should be  xgiven the opportunity to comment on any future requests for extension of the limited preemption  x=flexibility we are granting here. Moreover, we believe the public interest would be best served  x<by developing a complete, comprehensive record on which the Bureau may base future decisions  x.to grant any preemption flexibility extension requests. Accordingly, next year, if ABC decides  xLthat it would like the Bureau to extend the limited preemption flexibility granted here, we would  xseek your cooperation in submitting ABC's extension request early in the summer of 1999  x(preferably June) to allow sufficient time for public notice and comment to be completed prior  xto the beginning of the 19992000 television season. Additionally, in response to any extension  xLrequest, we would seek your continued assistance in providing information concerning ABC's preemption, promotion and rescheduling practices during the 19981999 television season. x` `  hh@Sincerely, x` `  hh@Roy J. Stewart x` `  hh@Chief, Mass Media Bureau  XN-