[BC] RE: Unrated markets

[Mike McCarthy]

The FCC adopted Arbitrons DMA's as their market definitions as policy, 
which isn't written into the rules. It is the prevailing methodology and 
they will not accept anything else unless the policy is changed or 
overridden by statute or extreme instance.  The latter is highly 
unlikely.  But it only applies to the home market.  While WLW shows in 
Columbus, it's not counted against CC in that market.

MM

At 06:27 AM 1/5/2008 -0600, tpt at literock93r.com wrote

>If you look at the current multiple ownership rules, the only method
>in effect is the "contour method," which works as follows:
>
>1. Plot the city grade contours (5 mv=AM, 70 dbu=FM) of the stations
>now owned and the station to be brought into the group.
>
>2. Plot the city grade contours of the other commercial stations in
>the market to determine how many have intersecting contours.
>
>3. The total number of stations with intersecting contours determines
>the size of the market.  If there are less than 15, one company can
>own 5 stations, or 1/2 the stations in the market whichever is the
>smaller number.
>
>(There are some ifs, ands, and buts involved, of course).
>
>Now, however, there is a second method for "rated" markets; which are
>defined as Arbitron's some 300 metro markets. It's not in the rules,
>but the Commission seems to be using it:
>
>1. The number of stations in the market includes all commercial AND
>non-commercial stations licensed to the metro county or counties;
>
>2. The market also includes those suburban stations which have a
>significant share of the audience, even though they are licensed to a
>county outside of the metro.
>
>In my market we have a Class B that is now licensed to a non-metro
>county that has its transmitter site in the metro county.  They, of
>course, have a significant share of the audience so would be counted
>in any tally for multiple-ownership purposes. (They actually switched
>COL out of the metro to allow a co-owned Class A to move into the
>metro).  Another example: WLW, Cincinnati regularly shows with a small
>share in the Columbus market, they arguably have a significant
>presence in the market to be included in the station count for
>multiple ownership purposes.
>
>In either example, translators do not count; nor do LPFM or Class D
>stations, as they are secondary services, not licensed broadcast
>services in the FCC's thinking. One unintended consequence of the
>proposal to improve LPFM status may be to decrease diversity of
>ownership in certain markets by increasing the station count.
>
>AS vague as the rules are now, I would bite the bullet & hire FCC
>counsel before agreeing to any purchase.  Having a station sale hang
>in limbo because of a competitor's challenge costs much more in future
>time sales than you will pay in legal fees.
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