473JEFF FLAKE ARIZONA SR-413 RUSSEU SENATE OFFICE BUILDING (202) 224-4521 COMMITTEE ON FOREIGN RELATIONS COMMITTEE ON ilnitrd ~tarrs ~tnett ENERGY AND NATURAL RESOURCES WASHINGTON, DC 20510-0305 COMMITTEE ON THE JUDICIARY COMMITTEE ON AGING The Honorable Ajit Pai, Chairman Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Dear Chainnan Pai: June 6, 2017 STAT~ OFFICES 2200 EAST CAMELBACK ROAD SUITE 120 PHOENIX AZ !!5016 (602) 840 1891 5840 NORTH ORACLE ROAD SUITE 150 TUCSON AZ 85704 (5201 575-8633 I write regarding the challenges faced by Saddlebrooke, Arizona concerning their Designated Market Area and available stations. Saddlebrooke is a retirement community of approximately I 0,000 people on the southern edge of Pinal County. Saddle brooke, and all of Pinal County, is in the Phoenix Designated Market Area. However, Saddlebrooke is a suburb of Tucson and only 20 miles south, while Phoenix is over 90 miles north. Because of the geographic proximity, a number of residents in Saddlebrooke have expressed their desire to receive Tucson local stations from their satellite providers. It is my understanding that satellite companies determine a user's local stations through the Designated Market Area wherein a user resides. The Nielsen Corporation, not the Federal Communications Commission (FCC), detennines Designated Market Areas under federal law. However, there is a process for communities to request a market modification through the FCC. It is my understanding that when a Market Modification petition is granted by the FCC, it applies to an entire community, and for satellite market modifications, a community is defined as a county. Most residents of Pinal County would not want to be included in the Tucson Designated Market Area because they reside in areas closer to Phoenix. As you know, the law allows for exceptions regarding the local stations provided to customers. This exception permits satellite carriers at their discretion to offer ''significantly viewed" stations from a community to their customers. In Saddlebrooke, two stations in Tucson are listed on the FCC's Significantly Viewed TV Stations List: KVOA and KTTU. A number of other local Tucson stations are unavailable because they are not considered to be "significantly viewed" in the community. Therefore, Saddlebrooke is not eligible to receive exceptions for other stations, regardless of a satellite company's willingness to provide them. In light of this, I ask: • Regarding the two Tucson stations listed on the FCC's Significantly Viewed TV Stations List, what are the steps necessary for satellite providers to offer these significantly viewed stations to subscribers? hltp'//www Flake.senale.gov PRINTED ON RECYCLED PAPER • Could a satellite provider offer Tucson stations in Saddlebrooke, even though they may not be on the Significantly Viewed Stations List? • ls the Market Modification process a viable option for the community of Saddlebrooke to pursue? • Are there other potential remedies available to Saddlebrooke residents who wish to receive local Tucson stations from their satellite providers? Thank you for your attention and prompt response to my request, in strict compliance with all ethical rules, regulations, and guidelines. U.S. Senator