Footnote 1 47 C.F.R-. §76.51.
Footnote 2 See Report and Order in MM Docket 92-259 (Broadcast Signal Carriage Issues), 8 FCC Rcd 2965, 2977-78, n. 150 (1993).
Footnote 3 Report and Order in Docket 93-212, 9 FCC Rcd. 4387 (1994).
Footnote 4 See 47 C.F.R. §76.658(m) and 17 U.S.C. §111(f). With passage of the Satellite Home Viewer Act of 1994, P.L. 103-369, 108 Stat. 3477 (1994) local signal copyright liability is now accorded stations throughout their mandatory cable carriage area, that is, throughout the "area of dominant influence" or ADI of the market to which the station is assigned. Although this generally reduces the importance of the Section 76.51 market list as a determinator of copyright liability, there remain situations where the list determines liability, i.e., where the 35-mile zones associated with the Section 76.51 list extent outside of the ADI of the market.
Footnote 5 See 47 C.F.R. Part 76, Subpart F.
Footnote 6 See CATV-Non Network Agreements, 46 FCC 2d 892, 898 (1974).
Footnote 7 See Cable Television Report & Order, 36 FCC 2d 143, 176 (1972).
Footnote 8 See, e.g., TV 14, Inc. (Rome, Ga.), 7 FCC Rcd 8591, 8592 (1992), citing Major Television Markets (Fresno-Visalia, California), 57 RR 2d 1122, 1124 (1985). See, also, Press Broadcasting Company, Inc., 8 FCC Rcd 94, 95 (1993).
Footnote 9 Cable Television Consumer Protection and Competition Act , Pub. L. No. 102-385, 106 Stat. 1460 (1992).
Footnote 10 47 U.S.C. §614.
Footnote 11 [R]equests for specific hyphenated market changes that appear worthy of consideration will be routinely docketed and issued as rulemaking proposals." See Report and Order in MM Docket 92-259 (Broadcast Signal Carriage Issues), 8 FCC Rcd at 2977-78, n. 50 (1993).
Footnote 12 See Section 76.56(b) of the Commission's Rules.
Footnote 13 Stations licensed to communities specifically designated in Section 76.51 are considered local for all cable systems within the 35-mile zones of all listed communities in a given hyphenated market. The absence of Fayetteville as a designated community in this market list generally results in WKFT(TV)'s classification as a "distant signal" for market-area cable systems more than 35 miles from Raleigh, Durham, and Goldsboro and outside of the Raleigh-Durham ADI. By amending Section 76.51 of the Rules to include the community of Fayetteville in the market as proposed, cable systems will be able to carry the signals of stations from Raleigh, Durham, Goldsboro, and Fayetteville on an equal basis in terms of copyright liability.