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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  ӟ2)&&'X'(1t')1(DRAFT 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;   20-*1*+19+,nj,-X,LETTER 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-2/.b-/i-0dL.1j.BLOCK QUOTESmall, single-spaced, indented.N X HEADING 33rd Heading Level/| XHIGHLIGHT 2Large and Bold Large0B*d. 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""With respect to NBC's preemption practices during the 19971998 television season, we are  xconcerned that it appears that NBC's owned and operated stations experienced a relatively high  xaverage preemption rate of 10.7% more than double the 4.1% average preemption rate of  xCBS's owned and operated stations, and almost double the 5.7% average preemption rate of  X-ABC's owned and operated stations.zX"J yO- xЍ These average preemption rates for NBC, CBS and ABC 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  V-Preemption Notification Efforts  X- xjLast year, NBC committed to provide publishers of program guides with the alternate date/time  X- xZin advance of any core programming preemption for live network sports events, to notify viewers,  xin the week preceding the rescheduling, of the time and day on which the program will be  xbroadcast the following week, and to prepare and make available to affiliates promotional spots  XN- xwhich notify the viewers of any necessary rescheduling.$NBJ {OA#- xЍ See Letter from Roy J. Stewart, Chief, Mass Media Bureau, Federal Communications Commission, to Rick  {O $- xCotton and Diane Zipursky, Washington, NBC (July 11, 1997); see also Letter to Roy Stewart, Chief, Mass Media  xBureau, Federal Communications Commission, from Rick Cotton and Diane Zipursky, Washington, NBC (June 26, 1997).  During the 19971998 television season,  xxNBC reported that in each instance of rescheduling, each station contacted its local listing service  xZnotifying them of the change, and in almost every instance of rescheduling, the stations provided" . ,))qq"  x{onair announcements of the change (with formats provided by the network) in the week  X- ximmediately prior to the change. J {Ob- x-Ѝ  See Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission, from Diane  yO,-Zipursky, Washington Counsel, Washington, NBC (July 20, 1998).   NBC also reported that in some cases, its owned and operated  x stations also aired promotional announcements on the Saturday in which the rescheduling  X- xoccurred.7 "J {O-ԍ See id.7 Additionally, NBC indicated that the majority of NBC's owned and operated stations  X- x[also posted schedule changes on their own websites.7 J {O -ԍ See id.7 Given that NBC's owned and operated  x.stations routinely provided local listing services with rescheduling information, and, in almost  xevery instance, provided onair announcements of the change using format provided by the  xnetwork, we are pleased to report that it appears that NBC fully satisfied its preemption notification commitments.  V -Promotional Efforts  xLast year, NBC committed to promote its Saturday morning educational programming (which you  xrefer to as "Teen NBC" or "TNBC") in a number of ways, including: (1) through onair  x<promotions during premier network sports programming and during prime time hours; (2) through  x"theme days" and the appearance of wellknown professional athletes on TNBC shows;  x<(3) through the intensified efforts of two dedicated directorlevel employees whose responsibility  xis to promote the TNBC lineup throughout the electronic/print media and to develop a broad  xvariety of promotional events designed to increase the audience for the TNBC shows (to include  xairing promotional spots on teenoriented cable programs and placing ads in teenoriented  X4-magazines); and (4) through promotional spots to be made available to affiliates. $4FJ {O+- x-Ѝ See Letter from Roy J. Stewart, Chief, Mass Media Bureau, Federal Communications Commission, to Rick  {O- xCotton and Diane Zipursky, Washington, NBC (July 11, 1997); see also Letter to Roy Stewart, Chief, Mass Media  xBureau, Federal Communications Commission, from Rick Cotton and Diane Zipursky, Washington, NBC (June 26, 1997).   xDuring the 19971998 television season,  X NBC reported that its promotional efforts included:  xk(1) broadcast of four TNBC promotional spots during Saturday NBC sports programming in  xAugust and from midSeptember through April, and the broadcast of 22 onair promotional spots  x-during prime time on Friday nights; (2) "theme days" and the appearance of professional athletes  xkon specific episodes of its programs; (3) appearances by the stars of the TNBC shows at 11  xcommunity and school events; and (4) launch of a dedicated TNBC website, "At the Max," in  X|-September. |2 J {O_%- xЍ See Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission, from Diane Zipursky, Washington Counsel, Washington, NBC (July 20, 1998).  x.We note that, although NBC did provide a limited number of onair promotions during premier"N ,))qq"  xjsports programming and during prime time hours, these promotions amounted to less than one  xonair promotion per week. In addition, there is no indication that NBC intensified the efforts  x[of two dedicated directorlevel employees whose responsibility is to promote the TNBC lineup  xkthroughout the electronic/print media and to develop a broad variety of promotional events  xydesigned to increase the audience for the TNBC shows (to include airing promotional spots on  xteenoriented cable programs and placing ads in teenoriented magazines). Similarly, there is no  x[indication that NBC made TNBC promotional spots available to its affiliates. Given NBC's low  x^number of onair promotions and the lack of evidence that NBC met some of its other  xpromotional commitments, we caution that it appears that NBC did not fully satisfy its  xjpromotional commitments of last year. We would also like to underscore here, as we did in our  xJuly 11, 1997 ruling, our belief that these promotional commitments will help to ensure the  xKsuccess of children's educational and informational programming by focusing the attention of the  X -viewers on the entire "core" block of TNBC programming.  ) {Oe - x<Ѝ See Letter from Roy J. Stewart, Chief, Mass Media Bureau, Federal Communications Commission, to Rick Cotton and Diane Zipursky, Washington Counsel, Washington, NBC (July 11, 1997).  W < Anticipated Preemptions for the 19981999 Television Season   xzFor the 19981999 television season, NBC informed the Bureau that it anticipates a maximum  Xy- xiof five additional Saturdays in which the broadcast of live action sports programming will require  Xd- xrescheduling of its TNBC block in the Eastern, Central and Mountain time zones.d") {O7- x-Ѝ See Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission, from Diane Zipursky, Washington Counsel, Washington, NBC (August 21, 1998). Although  xNBC stated that the same number of Saturdays as last year will require rescheduling of some of  X6- xthe TNBC block for stations in the P acific time zone, NBC also stated that, during two  xconsecutive weekends in the second quarter of 1999, when NBC broadcasts the "Triple Header"  x[National Basketball Association Playoff Games on Saturday, those stations may not be able to  X- xreschedule some of the preempted programs at all.|) {O-ԍ NBC refers to the weekends of April 2425, and May 12, 1999. See id. Additionally, NBC informed the Bureau that  xstations may reschedule other preempted programs to a time period outside the program's normal  X-"second home.") yO- xЍ NBC notes that stations in the Mountain time zone may also experience similar scheduling limitations during  {OJ -these two weekends of NBC "Triple Header" Playoff games.  See id.  W< Preemption Flexibility for the 19981999 Television Season  xyHaving reviewed NBC's past year's performance and considering your anticipated preemptions  xfor the 19981999 television season, we have decided once again to afford NBC limited flexibility  xKin preempting core programming under the same terms and conditions as applied during the 1997"9h 0*&&qq"ԫ xj1998 season. Although some aspects of your performance raise concerns, overall we continue  xto find such flexibility consistent with our goals of maintaining scheduling continuity and predictability for the children's audience.  X- xZ We base our conclusions on your representation that NBC will : (1) provide publishers of program  xMguides with the alternate date/time in advance of any core programming preemption for live  Xv- xLnetwork sports events, notify viewers, in the week preceding the rescheduling, of the time and  xday on which the program will be broadcast the following week, and prepare and make available  xto affiliates promotional spots which notify the viewers of any necessary rescheduling; and  x(2) promote your Saturday morning educational programming (which you refer to as "Teen NBC"  x=or "TNBC") in a number of ways, including through onair promotions during premier network  xsports programming and during prime time hours, through "theme days" and the appearance of  xwellknown professional athletes on TNBC shows, through the intensified efforts of two dedicated  xdirectorlevel employees whose responsibility is to promote the TNBC lineup throughout the  xelectronic/print media and to develop a broad variety of promotional events designed to increase  xthe audience for the TNBC shows (which will include airing promotional spots on teenoriented  x<cable programs and placing ads in teenoriented magazines) and through promotional spots to be made available to affiliates.  XK- xk We will allow NBC: (1) to count a preempted children's core program toward a station's core  xKprogramming obligation if the program is rescheduled to a fixed "second home" during the "core"  X- x]time period (i.e., between 7:00 a.m. and 10:00 p.m.) within the same day or week, or to the  xfollowing week to a time period adjacent to other regularly scheduled children's programs, or,  xin isolated circumstances, at any time during core hours during the week of preemption; and  x(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.  X- x.We emphasize, however, the limited nature of the preemption flexibility which we are granting  xfor the 19981999 season, as it is based on the level of preemption that NBC experienced during  xthe 19971998 television season and NBC's performance of the above notification and  xpromotional commitments. In the event NBC cannot fulfill any of its commitments, we would  X;-expect an explanation as to why such compliance was not possible.  xzIn particular, while we acknowledge NBC's projection that it might not be able to reschedule  xsome core programming preempted the weekends of April 2425 and May 12, 1999, we expect  xNBC, should it fail to reschedule any additional preempted programming, to provide an  xexplanation as to why that programming could not be rescheduled either on weekends or  xLweekdays. We also expect NBC to make every effort both to limit its preemption rate to a level  x1as close to last year's as possible, and to reschedule and promote all preempted core programming.  xWe also advise you here, as we did in our July 11, 1997 ruling, that although this letter addresses"U%0*&&qq $"  xNBC'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.&) {Ob- x<Ѝ See Letter from Roy J. Stewart, Chief, Mass Media Bureau, Federal Communications Commission, to Rick  {O,- xCotton and Diane Zipursky, Washington Counsel, Washington, NBC (July 11, 1997); Policies and Rules Concerning  {O- xChildren'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.) 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 children's educational and informational programming 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  xto grant any preemption flexibility extension requests. Accordingly, next year, if NBC decides  xLthat it would like the Bureau to extend the limited preemption flexibility granted here, we would  xseek your cooperation in submitting NBC'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  x=request, we would seek your continued assistance in providing information concerning NBC'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