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F I S C A L I M P A C T R E P O R T
SPONSOR Garcia, MJ
DATE TYPED 03/02/05 HB
SHORT TITLE Dona Ana in Single State Market Area
SB SJM 77
ANALYST Ford
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates HJM 76
SOURCES OF INFORMATION
LFC Files
Responses Received From
Attorney General (AGO)
Economic Development Department (EDD)
Public Regulation Commission (PRC)
SUMMARY
Synopsis of Bill
Senate Joint Memorial 77 makes findings related to the inability of Dona Ana residents to re-
ceive television broadcast signals from Albuquerque and requests the New Mexico congressional
delegation to initiate and proceed with legislation to create a single-state designated marketing
area and provide for convenient access of the Albuquerque television broadcast signals for Dona
Ana county residents.
Significant Issues
According to the AGO, the Cable Television Consumer Protection Act of 1992 imposes “must-
carry” provisions on cable television operators, which require cable operators to carry local
commercial television stations that are broadcasting within the operator’s television market as
determined by the Federal Communications Commission (FCC). The FCC uses market research
to determine designated market areas. Television stations may file complaints with the FCC ask-
pg_0002
Senate Joint Memorial 77 -- Page 2
ing that the agency impose mandatory carriage rights on cable operators.
The AGO further writes that it is uncertain whether the special federal legislation called for by
this memorial is the appropriate means of bring Albuquerque television broadcasts to Dona Ana
county. Albuquerque stations may file complaints with the FCC in order to impose mandatory
carriage rights if they believe their designated market area should include Dona Ana county.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Senate Joint memorial 77 duplicates House Joint Memorial 76.
EF/lg