FCC Web Documents citing 76.55

as compiled by hallikainen.com/FccRules on 2012 01 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1337A1.doc
  • communities located 65 to 100 miles from the station's community of license) and Pappas Telecasting Inc., 11 FCC Rcd 6102 (1996) (granting market modification petition to add community located approximately 65 miles from television station's community of license). Cocola Comments at 2 and Paxson Comments at 2, see 1999 Broadcasting & Cable Yearbook at B-181. Effective January 1, 2000, Section 76.55(e) of the Commission's rules require that a commercial television station's market be defined by Nielsen Media Research's DMAs, prior to that time television markets were defined by Arbitron's ADIs. See 47 C.F.R. § 76.55(e). The change in television market definitions did not result in any additions to or deletions from the communities which comprise the Fresno-Visalia market. See Definition of
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  • Electric''). Service Electric filed an opposition to the complaint, and the Board filed a reply. background Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a television station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. Section 76.55(b) of the Commission's rules defines a non-commercial educational (``NCE'') television station as any television broadcast station which is licensed by the Commission as an NCE television broadcast station and which is owned and operated by a public agency, nonprofit foundation, corporation, or association, and has as its licensee an entity eligible to receive a community service grant from the Corporation
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  • Time Warner and it therefore requests that the Commission order Time Warner to commence carriage of its signal. In opposition, Time Warner argues that WOCB-LP is not a ``qualified'' LPTV station and is therefore not entitled to carriage on any of its systems. Time Warner states that although WOCB-LP claims to meet all of qualifying criteria set forth in Section 76.55(d) of the rules, signal strength tests it conducted at its Fostoria, Bucyrus, Galion/Crestline, Mt. Gilead and Forest headends indicate that WOCB-LP fails to deliver a signal of good quality. Time Warner asserts that it followed sound engineering practices in conducting its tests and that all the results fell below the -45 dBm threshold for qualified UHF stations. As a result,
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  • Cable Services Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, ``be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must-carry/retransmission consent elections that took place on
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  • 76.57(a). 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57(c). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the ``1991-1992 Television Market Guide,'' be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) requires that a commercial broadcast television station's market be defined using Nielsen Media Research's Designated Market Areas (``DMAs''). For the must carry/retransmission consent elections that
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  • SAH filed an untimely Reply to Charter's Opposition, which we will accept. Background Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order, using, where available, commercial publications which delineate television markets based on viewing patterns. Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the ``1991-1992 Television Market Guide,'' be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) requires that a commercial broadcast television station's market be defined using Nielsen Media Research's Designated Market Areas (``DMAs''). For the must carry/retransmission consent elections that
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  • address that request. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, ``be used to implement the mandatory carriage rules.'' Effective January 1, 2000, however, Section 76.55(e) requires that Nielsen Media Research's DMAs define a commercial broadcast television station's market. For the must carry/retransmission consent elections that took place on October 1,
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  • must be discounted. Even if that data should be accepted, however, KALO states that it is irrelevant because KALO has committed to provide, at its own expense, the equipment necessary to ensure delivery of a good quality signal. KALO asserts that with such equipment it can easily exceed the technical criteria for must carry status. KALO points out that Section 76.55(c)(3) of the Commission's rules only excludes those stations which do not deliver an adequate signal to the cable system's principal headend from the definition of ``local commercial television stations'' and which do not agree to be responsible for the cost of delivering such a signal. In this instance, KALO states that Oceanic fails to acknowledge that KALO's poor signal quality
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  • this request and that its failure to respond therefore would be considered a refusal of carriage pursuant to Section 76.61(a)(5)(ii) of the Commission's rules. WWDP states that its complaint is timely in that it was filed within 60 days of Adelphia's failure to respond. WWDP argues that it is a fully qualified local commercial television station, as defined by Section 76.55(c) of the Commission's rules, because its carriage will not cause increased copyright liability for Adelphia and it specifically agrees to pay for any equipment necessary to ensure the delivery of a good quality signal at Adelphia's principal headend. Given the fact that Adelphia is obligated to carry its signal, WWDP requests that the Commission order the system to commence carriage
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  • did not provide a good quality signal pursuant to the Commission's rules. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide CMA with a good quality signal. KBEJ requests that the Commission order CMA to commence carriage of its signal on channel 2 of the cable system serving the cable communities. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KBEJ, are entitled to carriage on cable systems located in the same DMA. Cable operators, on the other hand, have the burden of showing that a commercial station that is located in the same television market is not entitled to carriage. CMA has failed to meet its burden.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1415A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1415A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1415A1.txt
  • & 9957 (1997); Rifkin/Narrangansett, 11 FCC Rcd 21090, 21104; and Jones Cable TV Fund 12-A, Ltd., 14 FCC Rcd 2808, 2817 (1999). See e.g., New York ADI Order, 12 FCC Rcc 12262; Jones Cable, 14 FCC Rcd 2808; Time Warner Entertainment-Advance/Newhouse Partnership, 13 FCC Rcd 17913 (1998). 47 U.S.C. §534(b)(1)(B) and 47 C.F.R. §76.56(b)(2). 47 U.S.C. §534(h)(1)(C) and 47 C.F.R. §76.55(e). Bureau Order, 15 FCC Rcd at 7926. Opposition at 3. 11 FCC Rcd 9880, 9884 n. 11 (1996); aff'd, 12 FCC Rcd 9952 (1997). Reply, Declaration of Albert O. Cooper. Id. Reply at 6. Bureau Order, 15 FCC Rcd at 7929-7930. See e.g., Continental Cablevision of Jacksonville, Inc., 11 FCC RCd 14904, 14921 (1996); and Time Warner New York City
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  • Trenton, Mercerville, Yardville, and Robbinsville, New Jersey. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • writing to requests for carriage within 30 days of receipt of such requests. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide Grisham with a good quality signal. KBEJ requests that we order Grisham to commence carriage of its signal on channel 2 of the cable system serving the cable communities. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KBEJ, are entitled to carriage on cable systems located in the same DMA. Cable operators have the burden of showing that a commercial station that is located in the same television market is not entitled to carriage. We find that Grisham has failed to meet its burden. Grisham
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  • requests for carriage within 30 days of receipt of such requests. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide Pine Forest with a good quality signal. KBEJ requests that we order Pine Forest to commence carriage of its signal on channel 2 of the cable system serving the cable communities. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KBEJ, are entitled to carriage on cable systems located in the same DMA. Cable operators have the burden of showing that a commercial station that is located in the same television market is not entitled to carriage. We find that Pine Forest has failed to meet its burden.
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  • writing to requests for carriage within 30 days of receipt of such requests. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide Charter with a good quality signal. KBEJ requests that we order Charter to commence carriage of its signal on channel 2 of the cable system serving the cable communities. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KBEJ, are entitled to carriage on cable systems located in the same DMA. Cable operators have the burden of showing that a commercial station that is located in the same television market is not entitled to carriage. We find that Charter has failed to meet its burden. Charter
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  • emphasizes that its must carry rights are premised on its status as a qualified NCE station, the station fails to demonstrate that it is a local NCE television station. Charter points outs that under the Commission's must carry rules, a cable operator is only required to carry local NCE stations requesting carriage which meet the requirements set forth in Section 76.55(b)(1) and (2) of the Commission's rules. Specifically, KMTP states that to be considered ``local,'' an NCE station must either be licensed to a community located within 50 miles of the principal headend of the cable system or the principal headend of the system must be encompassed by the predicted Grade B contour of the NCE station. Charter asserts that KMTP
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  • Cable Services Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commerical publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide,be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must carry/retransmision consent elections that took place on
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  • WLPX's request for mandatory carriage. As the complaint establishes, WLPX and the Communities served by Adelphia's cable systems are located within the same television market, namely the Charleston-Huntington DMA, and carriage of WLPX will not cause an increase in the cable system's copyright liability. Accordingly, we find that WLPX is a local television station qualified under the provisions of Section 76.55(c) of the Commission's rules for carriage on Adelphia's cable system at issue here, provided it delivers a good quality signal to the cable system's headend. In this particular instance, Adelphia contends that WLPX is not eligible for carriage because it does not provide a good quality signal to the system's headend. Our review of the data submitted by Adelphia, however,
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  • and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1 and Exhibit A. Complaint at Exhibit B. In its letter denying carriage, BRDC
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  • Lost Pines and Flatonia cable systems. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. Complaint at 1 and Exhibit A. Complaint at 1. See 47 C.F.R. § 76.61(a)(2). Complaint at Exhibit A. Opposition at 1. Id. Id. Reply at 1. Id. Id. Supplement at 3. Id. Id. at 1. Id. 47
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  • tests of WQPX's signal provided by Blue Ridge indicates that the tests were conducted employing good engineering practices and demonstrate that WQPX does not presently provide a good quality signal at Blue Ridge's principal headend. We note, however, that WQPX has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet the signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. WQPX has made this commitment and by doing so will be eligible to be carried by Blue Ridge
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  • Inc., DA 01-906 (released April 11, 2001). 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • Cable, DA 01-444 (released February 16, 2001). 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • be part of the Springfield-Holyoke, Massachusetts DMA. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • KRPA indicates that by letters dated January 17, 2001, shortly after commencing broadcasting under Program Test Authority, it requested carriage on Time Warner's systems. KRPA states that Time Warner subsequently denied carriage on the Banning System, the South Pasadena System, the Chatsworth System and the Gardena System for KRPA's alleged failure to provide a good quality signal pursuant to Section 76.55(c)(3) of the Commission's rules. KRPA states that Time Warner failed to respond to its request for carriage on the Huntington Beach System as required by Section 76.61(a)(2) of the Commission's rules. In its response to the denial letters, KRPA states that it advised Time Warner that it was only broadcasting between the hours of 6-8 p.m. daily and requested that
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  • that KRPA has yet to provide a formal notification that this problem has been resolved. AT&T concludes, therefore, that because KRPA has yet to deliver a good quality signal, it is under no legal obligation to carry KRPA. In reply, KRPA argues that AT&T's claim that KRPA is not eligible for must carry status is misplaced. KRPA states that Section 76.55(c)(3) of the Commission's rules, on which AT&T relies, defines a ``local commercial television station'' in terms of technical signal levels solely for the purposes of allocating responsibility for the provision of a good quality signal to a cable headend. KRPA points out that if a UHF television station does not deliver to the principal headend a signal level of -45
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  • Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. §76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). Petition at Exhibit A. 47 C.F.R. §76.61(a)(2).
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  • . .'' Mediacom asserts that its most recent tests results indicate that KRPA's signal does not meet the minimum required signal strength threshold for either of its systems. As a result, Mediacom requests that KRPA's complaint be denied. In reply, KRPA argues that Mediacom's claim that KRPA is not eligible for must carry status is misplaced. KRPA states that Section 76.55(c)(3) of the Commission's rules defines a ``local commercial television station'' in terms of technical signal levels solely for the purposes of allocating responsibility for the provision of a good quality signal to a cable headend. KRPA points out that if a UHF television station does not deliver to the principal headend a signal level of -45 dBm, then the station
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  • Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • of the Order. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Effective January 1, 2000, Section 76.55(e) requires that Nielsen Media Research's DMAs define a commercial broadcast television station's market. For the must carry/retransmission consent elections that took place on October 1, 1999, commercial television stations were required to make their selections based on DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order,
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  • modification or WWDP's petition for show cause. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • at issue. KWOG claims that Northland did not respond to its requests for mandatory carriage in violation of the Commission's rules, which require cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. KWOG requests that Northland commence carriage of its signal on channel 51 of the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KWOG, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that Northland has failed to
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  • rules, which require cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. KWOG notes that if Charter shows that the Station does not provide an adequate signal at either cable headend, KWOG has the option to agree to provide the necessary equipment to provide Charter with a good quality signal. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KWOG, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that Charter has failed to
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  • Direct indicated that Direct would measure the Station's signal at each one of the headends in question, and would contact KWOG with the results within a week. Because there was no further response from Direct, KWOG filed the instant complaint. KWOG requests that the Commission order Direct to commence carriage of its signal on the cable systems in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KWOG, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that Direct has failed to
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  • Continental's statements in opposition to the petition for reconsideration. See 47 U.S.C. §534(h)(1)(C)(i). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's designated market areas (``DMAs''). See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). Bureau Order, 10 FCC Rcd at 7120. Petition at 5. Id.
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  • television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion W53AF states that it requested mandatory carriage on Comcast's Corinth and Alcorn County cable system in a letter dated March 9, 2001. W53AF argues that it is eligible for carriage because it meets the requirements of Section 76.55(d), which contains the Commission's standards for cable carriage of low power television stations. Specifically, W53AF asserts that the population of the community it serves is less than 35,000 and that there are no full power stations licensed within the Corinth and Alcorn County, Mississippi area Comcast serves. It also contends that it complies with Section 74.703 of the Commission's rules
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  • Los Angeles County. See Complaint at 4. 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. §76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). Petition at Exhibit A. Id. at Exhibit
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  • provided nonentertainment programming that addressed the local news and informational needs of the systems' subscribers. The Bureau Order noted W49BV's failure to introduce any programming logs or other evidence in support of this criterion and thus concluded that the station was not a ``qualified'' LPTV station entitled to mandatory carriage, as contemplated by Section 614(h) of the Act or Section 76.55(d) of the Commission's rules. discussion In support of its petition for reconsideration, Schrecongost asserts that there is substantial evidence in the record of W49BV's local programming. Petitioner states that W49BV provides local informational programming which is not delivered by any other television station in the market. As a result, Petitioner contends that it meets the statutory definition of a ``qualified''
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  • Ser. Bur., released October 4, 2001). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55 (e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. African-American Broadcasting, DA 01-2298 at 1. Id. at 2. Id. Petition at 1-2. Charter notes that Astoria is located in Clatsop County, Oregon.
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  • to the case and will be accepted. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • it is entitled to carriage because it has pledged to pay for any improvements and installation of new equipment necessary to ensure that a good quality WWDP signal is received at Adelphia's principal headends. We find the representations made by WWDP indicate that WWDP is a local full power commercial station qualified for carriage on the Systems. According to Section 76.55(e) of the Commission's rules, commercial television broadcast stations, such as WWDP, are entitled to carriage on cable systems located in the same DMA. WWDP is located in the Boston DMA, which is also where the communities served by the Systems are located. We note that WWDP has stated that it can provide, at its own expense, new equipment that once
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  • Relief (``Supplement Response''). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, ``be used to implement the mandatory carriage rules.'' Effective January 1, 2000, however, Section 76.55(e) requires that Nielsen Media Research's DMAs define a commercial broadcast television station's market. For the must carry/retransmission consent elections that took place on October 1,
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  • C.F.R. § 76.7. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the ``1991-1992 Television Market Guide,'' be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must-carry/retransmission consent elections that took place on
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  • this proceeding. We believe it would be a superfluous use of administrative and private resources to dismiss the Gloucester aspect of the complaint and require the parties to litigate the issues again. Regarding carriage, we find the representations made by WWDP indicate that WWDP is a local full power commercial station qualified for carriage on the Systems. According to Section 76.55(e) of the Commission's rules, commercial television broadcast stations, such as WWDP, are entitled to carriage on cable systems located in the same DMA. WWDP is located in the Boston DMA, which is also where the communities served by the Systems are located. We note that WWDP has stated that it can provide, at its own expense, new equipment that once
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  • new equipment necessary to ensure that a good quality signal is received at the principal headend of Time Warner's cable system. The pleadings in this matter indicate that the only question presented is whether WWDP provides a signal of adequate quality to Time Warner's headend. In its opposition, Time Warner argues that WWDP does not meet the standards of Section 76.55 of the Commission's rules, which state that a UHF television station must deliver a signal level to the cable headend of -45dBm or higher. Time Warner contends that its personnel used ``good engineering practices'' to measure WWDP's signal in accordance with the Commission's test criteria, and that the testing revealed that the station fails to deliver an over-the-air signal of
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  • new equipment necessary to ensure that a good quality signal is received at the principal headend of Time Warner's cable system. The pleadings in this matter indicate that the only question presented is whether WWDP provides a signal of adequate quality to Time Warner's headend. In its opposition, Time Warner argues that WWDP does not meet the standards of Section 76.55 of the Commission's rules, which state that a UHF television station must deliver a signal level to the cable headend of -45dBm or higher. Time Warner contends that its personnel used ``good engineering practices'' to measure WWDP's signal in accordance with the Commission's test criteria, and that the testing revealed that the station fails to deliver an over-the-air signal of
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  • DMA. KBEJ-TV states that although the 1997-98 Nielsen DMA Report assigned Gillespie County to the Austin, Texas DMA, Nielsen in its latest DMA assignments now considers both Gillespie County and KBEJ-TV to be part of the San Antonio DMA. Finally, KBEJ-TV contends that this reassignment strongly supports modification of KBEJ-TV's market to include Time Warner's cable communities. Pursuant to Section 76.55 of the Commission's rules, we are constrained to affirm the Austin DMA assignment. Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide,'' be used to implement the mandatory carriage rules. Arbitron's 1991-1992 Television Market Guide, assigned Gillespie County to the Austin, Texas ADI.
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  • at Exhibit A. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, ``be used to implement the mandatory carriage rules.'' Effective January 1, 2000, however, Section 76.55(e) requires that Nielsen Media Research's DMAs define a commercial broadcast television station's market. For the must carry/retransmission consent elections that took place on October 1,
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  • by AT&T Corp. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, ``be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must-carry/retransmission consent elections that took place on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-611A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-611A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-611A1.txt
  • 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57(c). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534 (h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the ``1992-1992 Television Market Guide,'' be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) requires that a commercial broadcast television station's market be defined using Nielsen Media Research's DMAs. For the must carry/retransmission consent elections that took effect on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-676A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-676A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-676A1.txt
  • Cable Services Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commerical publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must carry/retransmision consent elections that took place
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-706A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-706A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-706A1.txt
  • See Consolidated Reply. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commerical publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide,be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must carry/retransmision consent elections that took place on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-827A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-827A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-827A1.txt
  • Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must-carry/retransmission consent elections that took place on
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  • (listing communities served by Cox systems). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57(a). 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57(c). See Paxson Oklahoma License, Inc. v. Cox Communications, Inc., 15 FCC Rcd 17374 (2000) (Paxson filed a channel positioning complaint against
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  • Delta and Hotchkiss.. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commerical publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide,be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must carry/retransmision consent elections that took place on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-906A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-906A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-906A1.txt
  • Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must-carry/retransmission consent elections that took place on
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  • after August 1, 2001to file its complaint. See n.16, supra. DBS Must Carry Report and Order, 16 FCC Rcd at 1926. Id. at 1950. Id. KHCV also notes that more complex tests are employed if the duplicating stations are network affiliates or if the stations are in different states. Id. at 1951. Complaint at 4. Id. See 47 C.F.R. § 76.55(c)(3). KHCV bases its assertion on the fact that all of Seattle is within the 80 dBu principal city contour of KHCV. Complaint at 4, Exhibit II (map of KHCV's 80 dBu contour). Complaint at 4. DIRECTV Answer at 1. See Complaint at 1, Exhibit 1. DIRECTV Answer at 1. Id. at 5. Id. at 6. Reply at 1, citing Complaint
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  • modification petition will be addressed separately. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. Complaint at 2 and Exhibit A. Complaint at 2-3. See 47 C.F.R. § 76.61(a)(2). Complaint at 2-3. Opposition at 2 and Supplement to Opposition at 1-2. Reply at 1. Id. at 3. 47 U.S.C. § 534(h)(1)(B)(iii). Id.
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  • taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Mary Beth Murphy Chief, Policy Division Media Bureau Although WYDN is licensed as a noncommercial television station, it maintained in three previous proceedings that it should be treated as a ``non-qualified'' NCE station because it did not meet the qualification criteria established pursuant to Section 76.55(a) of the Commission's rules. 47 C.F.R. §76.55(a). WYDN stated that it therefore sought carriage in those proceedings as a commercial station pursuant to Section 76.56(a) of the Commission's rules. 47 C.F.R. §76.56(a). After the receipt of additional information, the Bureau accepted WYDN's demonstration that it was a ``non-qualifed'' NCE station. See Frontiersvision Operating Partners, L.P., et al., DA 02-1169 (released
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  • the station. In our review of the petitions herein, we note that both Frontiersvision and Adelphia include as Exhibit A to their petitions a September 4, 2001 letter from WYDN that stated that although WYDN was licensed as a noncommercial television station, it was a ``non-qualified NCE station'' because it did not meet the qualification criteria established pursuant to Section 76.55(a) of the Commission's rules. WYDN stated that it therefore sought carriage pursuant to the provisions of Section 76.56(b) of the Commission's rules as a commercial television station and, as a result, its status as a must carry station became subject to modification. Because neither the petitioners nor WYDN provided more detailed information regarding this issue, the Bureau sought information from
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  • entitled to mandatory carriage on that system. WLMB asserts that it sent a letter dated October 4, 2001, formally requesting that Fremont commence carriage of the Station's signal on its cable system. The letter also indicated that Fremont had previously informed WLMB that it did not provide a good quality signal to its headend as required by FCC Rules, Section 76.55(c)(3), and WLMB requested that Fremont provide the relevant testing information. Despite WLMB's request, Fremont never provided WLMB with a copy of the tests of WLMB's signal strength. Rather, On October 29, 2001, Fremont sent WLMB a letter explaining the signal strength tests and the equipment used to conduct them, but the letter did not address WLMB's request for carriage. WLMB
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation.
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  • a reply. discussion Both the Communications Act of 1934, as amended, and the Commission's rules require the carriage of "qualified" LPTV stations in certain limited circumstances. KIDU-LP is located in the Abilene-Sweetwater, Texas DMA as are the Communities served by Brownwood's cable systems. Sage asserts that KIDU-LP is a ``qualified low power station'' for must carry purposes pursuant to Section 76.55(d) of the Commission's rules. By letter dated August 8, 2000, Sage notified Brownwood of the substitution of the programming of the UPN (The Paramount Network) in place of the FOX Network programming about October 1, 2000. The letter also stated ``We request `must carry' for KIDT-LP [sic] on your Brownwood system as of October 1, 2000 in accordance with sections
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  • issue. KWOG claims that Quinault did not respond to its request for mandatory carriage in violation of the Commission's rules, which require cable operators to respond in writing to requests for carriage within 30 days of receipt of such request. KWOG requests that the Commission order Quinault to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KWOG, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that Quinault has failed to
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  • Division, Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commerical publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide,be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must-carry/retransmision consent elections that took place on October
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  • Policy Division Media Bureau 1 8 FCC Rcd 2965, 2976-2977 (1993). 2 Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 3 Complaint at 2 and Exhibit 2. 4 Opposition at 1-2. ( Complaint at 5-6 and Exhibit 4. 6 Complaint at 6-7; Reply at 5. 7 47 U.S.C. § 534(h)(1)(B)(iii). 8 Id. 9 Id. See also 47
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  • system serving the cable communities in a letter dated December 13, 2001. W43BR notes that Charter denied its mandatory carriage request on February 7, 2002 on the ground that the station failed to meet the requirements of Section 76.56(b)(4)(i), which states that a cable operator shall not carry an LPTV in lieu of a local commercial television station, and Section 76.55(d)(6), which states that an LPTV is qualified only if there is no full power television broadcast station licensed to any community served by the cable system. W43BR disagrees with Charter's interpretation of those two Sections and argues that there are no full power stations licensed to any community in Sauk County, in which both the Station and the cable communities
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  • issue. KWOG claims that Western did not respond to its request for mandatory carriage in violation of the Commission's rules, which require cable operators to respond in writing to requests for carriage within 30 days of receipt of such request. KWOG requests that the Commission order Western to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KWOG, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that Western has failed to
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  • Rebuttal did not raise any new arguments. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation.
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  • be considered as included in WWDP's request. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • 1, 1998, and therefore qualified for the ``new network'' closed captioning exemption. Shop At Home argues that while NAD points out that this definition of network is applied in the broadcast context, the use of the definition is well established and used in a number of regulatory contexts applicable to television stations. For example, Shop At Home notes that Section 76.55(f) of the Commission's rules uses the same definition to define network in the context of a cable operator's mandatory carriage obligations. Moreover, Shop At Home asserts that reliance on such definition is necessary because the closed captioning rules do not include a definition of network. Although Shop At Home asserts that it ``evolved into a network'' in February 1996, the
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  • Policy Division Media Bureau 1 8 FCC Rcd 2965, 2976-2977 (1993). 2 Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 3 47 U.S.C. § 534(h)(1)(B)(iii), 47 C.F.R. § 76.55(c)(3). 4 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. 5 Complaint at 1-4. 6 Opposition at 1. 7 Reply at 1. 8 47 C.F.R. § 76.64(f). 9 Complaint
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  • and Rio Verde. Petition at Appendix A. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation.
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  • to collectively herein as the TWC Communities. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation.
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  • and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. Complaint at 2 and Exhibits A, C. Complaint at 3. See 47 C.F.R. § 76.61(a)(2). Complaint at 3. Opposition at 1-2. Reply at 2. Id. 47 U.S.C. § 534(h)(1)(B)(iii). Id. Id. See 47 C.F.R. § 76.55(e)(3). Opposition
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  • Murphy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). Petition at Exhibit 1. 47 C.F.R. § 76.61(a)(2). 47 C.F.R.
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  • Bureau Complaint at 3. Id. at 2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. and Exhibit 2 Opposition
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  • is justified in filing a late complaint due to ongoing negotiations with Blytheville because no such negotiations occurred between the parties. Blytheville maintains that even if the instant complaint is considered on its merits, the Station does not qualify for mandatory carriage rights because it does not provide Blytheville's principal headend with a good quality signal as required by Sections 76.55(d)(4) and 76.55(c)(3) of the Commission's rules. In support, Blytheville states that it conducted signal strength testing on several occasions: August 24, 2001 (with readings of -76.4 dBm to -77.4 dBm); November 25, 2001 (with readings of -80.5 dBm to -81.1 dBm); December 20, 2001 (with readings of -71.9 dBm to -74.3 dBm); and on February 21, 2002 (with readings between
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  • located outside the largest 160 Metropolitan Statistical Areas on June 30, 1990, and the population of such community of license on that date did not exceed 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other State political subdivision served by the cable system. The latter clause (6) of Section 76.55(d) has been interpreted by the Commission to disqualify an otherwise qualified LPTV station from mandatory carriage ``if a full power station is located in the same county or political subdivision (of a State) as an otherwise `qualified' LPTV station.'' discussion Millenium's request for carriage of KLNM-LP on Cox's cable system serving Lufkin, Texas will be denied, because KLNM-TV is not
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  • granting WIPX carriage in these communities will be rescinded. WIPX also claimed in its complaint that it delivered a good quality signal to Charter's principal headend. In its opposition, Charter contests this conclusion and, in support, submitted a signal strength test demonstrating that WIPX does not provide a good quality signal that meets the signal strength criteria required by Section 76.55(c)(3) of the Commission's rules to the principal headend serving Charter's Mitchell, Indiana cable system. Charter states that it also has concerns that, in addition to insufficient signal strength, WIPX will be unable to provide an adequate quality signal because the station's current picture quality is poor. In light of WIPX's signal deficiencies, Charter maintains that it has no legal obligation
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  • not supported by the record. Signal Quality KMTP alleges that AT&T conducted its signal quality tests using an antenna different from antennas used to receive other signals similar to KMTP. MTP conducted its own tests with a ``more sophisticated antenna and amplifiers'' and provided signal strength measurements at almost all of the headend sites exceeding the levels required by Section 76.55(c)(3) of the Commission's rules. AT&T personnel attended these tests, and AT&T does not dispute these results. According to MTP, it is willing to supply AT&T with the sophisticated antenna and amplification equipment consistent with that used in its measurements to enable AT&T to receive a signal of good quality at each of the AT&T designated sites. In the Must Carry
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). Complaint at Exhibit 2. Id. at 2; see 47 C.F.R. § 76.61(a)(2). 47 C.F.R. § 76.61(a)(5). Complaint at
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). Complaint at Exhibit 2. Id. at 2; see 47 C.F.R. § 76.61(a)(2). 47 C.F.R. § 76.61(a)(5). Complaint at 3;
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  • notes that it arguably had until 60 days after August 1, 2001 to file its complaint. See n. 17, supra. Complaint at 3-4. Id. at 3, citing the DBS Must Carry Order & Report, 16 FCC Rcd at 1926. Complaint at 4, citing the DBS Must Carry Order & Report, 16 FCC Rcd at 1950. Id. See 47 C.F.R. § 76.55(c)(3). Id. at 4-5. Answer at 2-4. Id. Id. at 3-4. Id. at 4 Id. Id. at 5. Id. at 4. Id. Id. at 4-5. Id. at 6-7; Gannon, 10 FCC Rcd 8619 (CSB 1995). Answer at 6-7, citing Gannon, 10 FCC Rcd 8619 (CSB 1995). Answer at 9-10. Reply at 2. Id., citing Complaint at 1, Exhibit 1. Reply at
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  • notes that it arguably had until 60 days after August 1, 2001 to file its complaint. See n. 18, supra. Complaint at 3-4. Id. at 3, citing the DBS Must Carry Order & Report, 16 FCC Rcd at 1926. Complaint at 4, citing the DBS Must Carry Order & Report, 16 FCC Rcd at 1927. Id. See 47 C.F.R. § 76.55(c)(3). WFME asserts that it ``places at least a 60 dBu contour over Manhattan.'' Complaint at 4. Id. at 4-5. Answer at 2-4. Id. Id. at 3-4. Id. at 4 Id. Id. at 5. Id. at 4. Id. Id. at 4-5. Id. at 6-7; Gannon, 10 FCC Rcd 8619 (CSB 1995). Answer at 6-7, citing Gannon, 10 FCC Rcd 8619 (CSB
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  • Ohio City, Van Wert, Willshire, and Wren. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • pending with respect to the Ventura system. 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1-2. Id. See Must Carry Order,
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  • Edwards, Rosamond, Victorville and Angelus Oaks, California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications that delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(3). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1 and 6. Id. at 6.
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). Complaint at Exhibit C. Id. at 4; see 47 C.F.R. § 76.61(a)(2). 47 C.F.R. § 76.61(a)(5). Complaint at
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  • claims that San Juan did not respond to its request for mandatory carriage in violation of the Commission's rules, which require cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. KWOG requests that the Commission order San Juan to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KWOG, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that San Juan has failed
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  • issue. KWOG claims that Computel did not respond to its request for mandatory carriage in violation of the Commission's rules, which require cable operators to respond in writing to requests for carriage within 30 days of receipt of such request. KWOG requests that the Commission order Computel to commence carriage of its signal on the cable systems in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KWOG, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that Computel has failed to
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  • the operator for processing the signal at issue. KAZA contends that CS' September 13, 2001 notification did not comply with these requirements. KAZA requests that the Commission order CS to commence carriage of its signal on the cable system in question and commits to be responsible for the costs of delivering a good quality signal to the system's headend. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KAZA, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that CS has failed to
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  • issue. KAZA claims that ST did not respond to its request for mandatory carriage in violation of the Commission's rules, which require cable operators to respond in writing to requests for carriage within 30 days of receipt of such request. KAZA requests that the Commission order ST to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KAZA, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that ST has failed to
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  • and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. Complaint at 2 and Exhibit A. Complaint at 3. See 47 C.F.R. § 76.61(a)(2). Complaint at 3. Since no opposition was filed, there has been no allegation that KAZA failed to provide Catalina with a good quality
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  • and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. Complaint at 2 and Exhibit B. Complaint at 2-3. See 47 C.F.R. § 76.61(a)(2). Complaint at 3. In its opposition, Time Warner Communications asserts that the legal owner of the Barstow cable system is Time Warner Entertainment-Advance/Newhouse
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  • Angeles, Westchester, Westwood and Willow Brook, California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • Westlake Village, Winnetka, and Woodland Hills, California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • KDCG-LP states that Cox has well over 100 activated channels, but lists only 6 local commercial television stations as being carried, a number far less than the one-third required to be set aside for must carry use. KDCG-LP states that while Cox lists two LPTV stations in its line-up, one is clearly not a ``qualified'' LPTV station pursuant to Section 76.55(d) of the Commission's rules because its community of license is Lafayette which is located within the 153rd largest MSA as of June 30, 1990. As a result, KDCG-LP maintains that Cox is required to carry at least one additional ``qualified'' LPTV station. KDCG-LP maintains that it meets all of the requirements to be a ``qualified'' LPTV station: 1) it broadcasts
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  • Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). Complaint at 2. Id. at Exhibit A. Id. at 2 and Exhibit C.. Id. at 3. Opposition at
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  • No. 102-385, 106 Stat. 1460 (1992). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(c) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or Order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). See Norwell Television, LLC, 17 FCC Rcd 16085 (MB 2002)(``Market Modification Order''). Id. See Complaint Order, DA 03-413 (MB
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 03-1152 Released: April 16, 2003 MEDIA BUREAU ACTION Correction to Section 76.55 Rules Pertaining to Definitions Applicable to the Must-carry Rules CS Docket No. 95-178 On May 21, 1999, the Commission adopted the Order on Reconsideration and Second Report and Order, CS Docket No. 95-178 (FCC 99-116 (1999)). In the Order on Reconsideration and Second Report and Order, the Commission adopted Section 76.55 as a final rule for definitions applicable to the
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. §76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). Complaint at Exhibit A; see also 47 C.F.R. § 76.64(f). Complaint at Exhibit B. Id.
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  • Commission policy when it maintains that cable operators are not required to employ extraordinary measures or specialized equipment in accommodating broadcast stations. KXLA states that it appears that Lone Pine wishes to interpret the term ``extraordinary measures'' to extend to any broadcaster's effort to deliver a good quality signal via alternative means. Such an interpretation, however, would essentially repeal Section 76.55(c)(3) of the Commission's rules and render meaningless ``the obligation of a cable operator to cooperate with a station on signal issues.'' KXLA points out that both of the cases on which Lone Pine relies in support of this contention involve a situation in which the broadcast station was attempting to deliver its signal to a location other than the cable
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  • Menifee. 47 C.F.R. §§ 76.7 and 76.61(a)(3). 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. Costa de Oro Television, Inc., 15 FCC Rcd 12637 (2000) (``Costa de Oro''). MediaOne of Los Angeles, Inc., 15 FCC Rcd 19386 (2000) (``MediaOne''). 47 C.F.R. § 76.55(e). The United States Court of Appeals for the District of Columbia Circuit upheld the
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  • Bureau 47 C.F.R. §§ 76.7 and 76.61(a)(3). 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaints at 2. Id. See Must Carry Order,
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  • Bureau Complaint at 1. Id. at 2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications that delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(3). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. Id. Id. Id. Id.
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  • Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). Complaint at Exhibit A. WIDP states that it expressed a willingness to discuss an alternative channel that is
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  • cable systems. Entravision asserts that in September 2002, it formally requested that Comcast commence carriage of WJAL's signal on its cable systems in the cable communities, and that Comcast failed to respond within 30 days.5 In its Opposition, Comcast claims that WJAL does not provide a signal of adequate strength or quality to the cable communities as required by Section 76.55(c)(3) of the Commission's rules, and supported this claim by submitting signal strength tests. Comcast further states that WJAL has not made a commitment to deliver a signal of adequate strength.6 In its Reply, Entravision admits that WJAL does not presently provide a good quality signal to the Comcast cable communities, but states it is entitled to a Commission order directing
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  • [the LPTV station] in that portion of its system outside of the largest 160 MSAs.''13 In view this disposition, we need not address the issue regarding the adequacy of the broadcast signal that RSN provides to Charter's Meyer cable system. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules,14 that the complaint filed by RSN West, LLC, IS GRANTED to the extent indicated herein, and is otherwise DENIED. IT IS FURTHER ORDERED, pursuant to Sections 76.56 and 56.57 of the Commission's rules15 that RSN shall notify Charter in writing of its channel position election within thirty days of the release date of this
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  • Bureau 47 C.F.R. §§ 76.7 and 76(a)(3). 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. See Letter dated December 9, 1994 from (former)
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  • includes any station that is licensed to a community within the same designated market area as the noncommercial educational television broadcast station.''). See 47 C.F.R. § 76.66(g)(1). 47 C.F.R. § 76.66(g)(2). See DBS Must Carry Reconsideration Order, 16 FCC Rcd at 16559-61. These rules are similar to the good signal quality rules applicable to cable operators. See 47 C.F.R. § 76.55. See generally DBS Must Carry Report & Order, 16 FCC Rcd 1918. The Commission later affirmed and clarified its satellite carriage rules. See Implementation of the Satellite Home Viewer Improvement Act of 1999; Broadcast Signal Carriage Issues, 16 FCC Rcd 16544 (2001) (``DBS Must Carry Reconsideration Order''). See Carriage of Digital Television Broadcast Signals, First Report and Order and Further
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  • signal strength at the system's principal headend. In reply, WBPH contests Patriot's engineering methodology and restates its intent to provide and install specialized equipment for receipt of the station's signal at the cable system's headend. WBPH argues that the station has met its burden by committing to provide the equipment necessary for receipt of a good quality signal. 7. Section 76.55 of the Commission's rules provides that commercial television broadcast stations, such as WBPH, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Patriot has failed to
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  • a good quality signal to that headend. Charter states that the Commission should dismiss or deny KBLN's complaint. In reply, KBLN acknowledges that it does not provide a good signal quality to Charter's Klamath Falls headend, but contends that it is taking steps to have an adequate signal delivered to that headend. In addition KBLN notes that pursuant to Section 76.55(c)(3) of the Commission's rules, a station can cure an inadequate signal if it, at its own expense, provides a good quality signal to the cable system. We grant BLT's must carry Complaint conditioned upon KBLN delivering a good quality signal to Charter's Klamath Falls principal headend. KBLN maintains that it is taking steps to deliver a good quality signal to
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  • a good signal quality to the Alturas headend. Falcon states that the Commission should dismiss or deny KBLN's complaint. In reply, KBLN acknowledges that it does not provide a good signal quality to Falcon's Alturas headend, but contends that it is taking steps to have an adequate signal delivered to that headend. In addition KBLN notes that pursuant to Section 76.55(c)(3) of the Commission's rules, a station can cure an inadequate signal if it, at its own expense, provides a good quality signal to the cable system. We grant KBLN's must carry Complaint conditioned upon KBLN delivering a good quality signal to Falcon's Alturas, California principal headend. KBLN maintains that it is taking steps to deliver a good quality signal to
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  • a good quality signal to that headend. Charter states that the Commission should dismiss or deny KBLN's complaint. In reply, KBLN acknowledges that it does not provide a good signal quality to Charter's Port Orford headend, but contends that it is taking steps to have an adequate signal delivered to that headend. In addition KBLN notes that pursuant to Section 76.55(c)(3) of the Commission's rules, a station can cure an inadequate signal if it, at its own expense, provides a good quality signal to the cable system. We grant BLT's must carry Complaint conditioned upon KBLN delivering a good quality signal to Charter's Port Orford principal headend. KBLN maintains that it is taking steps to deliver a good quality signal to
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  • the required signal strength at the systems' principal headends. In reply, Sonshine contests Comcast's engineering methodology and restates its intent to provide and install specialized equipment for receipt of the station at the cable systems' headends. Sonshine argues that the station has met its burden by committing to provide the equipment necessary for receipt of a good quality signal. Section 76.55 of the Commission's rules provides that commercial television broadcast stations, such as WBPH, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Comcast has failed to
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  • that MediaCom has shown that KXLA fails to provide a good quality signal to MediaCom's principal headends. We note that should properly conducted tests prove that KXLA does not deliver a good quality signal, KXLA has offered to deliver its signal at its own expense via alternative means. We find satellite delivery to be an acceptable alternative pursuant to Section 76.55(c)(3) of the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED that the petition filed by Rancho Palos Verdes Broadcasters, Inc. IS GRANTED pursuant to Section 614(d)(3) of the Communications Act of 1934, as amended, 47 U.S.C. §534. MediaCom, LLC IS ORDERED to commence carriage of KXLA on its cable systems serving Argus, Pioneer Point, Trona, Westend, Ridgecrest, China Lakes NWC,
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  • that a commercial station that is located in the same television market as a cable operator is not entitled to carriage. Although both parties concur that initial signal strength tests indicated that WBPH did not deliver a good quality signal, WBPH agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. WBPH has made this commitment and by doing so is eligible for mandatory carriage by Comcast on the subject
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  • at the time Charter conducted the February 2003 signal strength tests it did not provide a good quality signal to Charter's Crescent City headend, but asserts that it has already taken the necessary steps to improve its signal and that it now delivers a good quality signal to Charter's Crescent City headend. In addition, KBLN notes that pursuant to Section 76.55(c)(3) of the Commission's rules, a station can cure an inadequate signal if it, at its own expense, provides a good quality signal to the cable system. We grant BLT's must carry Complaint conditioned upon KBLN delivering a good quality signal to Charter's Crescent City principal headend. KBLN maintains that it has taken the necessary steps to improve its signal and
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  • good quality signal. KBLN requests that the Commission order Northland to commence carriage of its signal on channel 30 of the Mount Shasta cable system. Northland asserts that KBLN does not qualify for mandatory carriage on its Mount Shasta, California cable system because KBLN fails to deliver a good quality signal to that headend as required and defined by Section 76.55(c)(3) of the Commission's rules. Northland asserts further that on November 19, 2001 it responded in writing to KBLN's October 25, 2001 mandatory carriage election. Northland contends that, at that time, it informed KBLN that the Station did not provide a signal of sufficient strength to the Mount Shasta principal headend. Northland maintains that shortly after it received KBLN's September 20,
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). Complaint at Exhibit A; see also 47 C.F.R. § 76.64(f). Complaint at 2; see also 47 C.F.R. § 76.61(a)(5)(ii). Complaint at 2. 47 C.F.R. §§76.64(f) and 76.61(a). Id. 47 C.F.R. § 76.61(a)(5). See Must Carry Order,
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  • relevant to either of the instant proceedings. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated,
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  • information for these communities, we will deny WKFK-LP's request for mandatory carriage in these communities. Finally, while it is true that PAX-affiliated programming in general would not be considered locally-oriented, the mere fact that WKFK-LP is a PAX affiliate does not automatically negate WKFK-LP's ability to meet the local programming requirements of Section 614(h)(2). WKFK-LP argues that, pursuant to Section 76.55(d) of the Commission's rules, the LPTV station must make a prima facie showing that its local programming meets the news and informational needs of the cable system subscribers and then the burden shifts to the cable operator to show that the neighboring full-power stations adequately provide subscribers with local programming. Cable One asserts that WKFK-LP is mistaken that it has
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  • provide the required signal strength at the systems' principal headends. In reply, WBPH contests Comcast's engineering methodology and restates its intent to provide and install specialized equipment for receipt of the station at the cable systems' headends. WBPH argues that it has met its burden by committing to provide the equipment necessary for receipt of a good quality signal. Section 76.55 of the Commission's rules provides that commercial television broadcast stations, such as WBPH, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. A review of WBPH's signal strength tests
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  • Policy Division Media Bureau 1 8 FCC Rcd 2965, 2976-2977 (1993). 2 Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). 3 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). 4 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. 5 Complaint at 1-2. 6 Opposition at 2-4. 7 Id. at 4-5 and Exhibit C. 8 Reply at 9
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  • that the complaint should be dismissed because of the doctrine of laches and argues that the only delay in this proceeding occurred as a result of the two motions for extension of time for RCN to file its answer. We find that WPXB qualifies for carriage on the RCN Boston, Massachusetts cable systems. First, WPXB meets the requirement of Section 76.55(e) of the Commission's rules that commercial television broadcast stations be located in the same DMA as the cable system on which they seek carriage. Second, RCN has not met its initial burden to show that WPXB does not provide an adequate signal at the cable system's headend because its engineering report fails to meet Commission standards. We also find that,
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  • based on the results of new tests, it may submit the results of the tests to the Commission's Media Bureau within 30 days of the release date of this order. The Media Bureau will then decide the issue on reconsideration. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, 47 C.F.R. §§ 76.55(d) and 76.56(b)(3) that the complaint filed by Folse Communications, LLC IS GRANTED as conditioned herein. IT IS FURTHER ORDERED that Allen's TV Cable Service may, within 15 days of the release date of this order, conduct new signal quality tests consistent with this order. If based on these tests, Allen
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  • effect on the status of Frontier's petition. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • Policy Division Media Bureau 1 8 FCC Rcd 2965, 2976-2977 (1993). 2 Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). 3 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). 4 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. 5 Complaint at 1-6. 6 Opposition at 1 n.1, and Exhibit 1. 7 Id. at 2. 8 Id. at
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  • Media Bureau Complaint at 1. Id. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1 and Exhibit A. Complaint at 1 and Exhibit B. Complaint at 1. Section
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  • Media Bureau Complaint at 1. Id. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1 and Exhibit A. Complaint at 1 and Exhibit B. Complaint at 1. Section
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  • effect on the status of Mediacom's petition 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • Division Media Bureau Complaint at 1. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. Id. at n.2. Id. at 1-2. Id. at 2 and Exhibit C.
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  • to Sections 76.7 and 76.61 of the Commission's rules, claiming that Time Warner Cable (``Time Warner'') and RCN of New York (``RCN'') have failed to commence carriage of WFME-TV on their respective cable systems. Time Warner and RCN filed Oppositions. WFME-TV filed a reply to each Opposition. For the reasons stated below, we dismiss the Station's carriage complaints. BACKGROUND Section 76.55(a) of the Commission's rules defines a non-commercial educational ("NCE") television station as any television broadcast station which is licensed by the Commission as an NCE television broadcast station and which is owned and operated by a public agency, nonprofit foundation, corporation, or association, and has as its licensee an entity eligible to receive a community service grant from the Corporation
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  • Media Bureau Complaint at 1. Id. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. and Exhibit E. Id. at 3. Opposition at 2. Id. at
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • released May 7, 2003 (``Rancho Palos Verdes''). 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • will be deleted as a separate community. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation. 47 U.S.C. §534(h)(1)(C). Id. H.R. Rep. 102-628, 102d Cong., 2d Sess. 97 (1992). Must Carry Order, 8 FCC
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  • carriage on Infostructure's cable system and that said demand was not answered by Infostructure. WDYR-LP also states that the cable operator has not initiated carriage of the station. WDYR states that the station is a Class A television station licensed to Dyersburg, Tennessee and meets all the requirements for classification as a qualified low power television station pursuant to Section 76.55(d) of the Commission's rules. Specifically, WDYR states that: (1) the station broadcasts 24 hours a day; (2) the station meets all of the obligations applicable to full power television stations under Part 73 of the Commission's rules, and broadcasts programming that addresses local news and informational needs of the area; (3) the station complies with the interference regulations required under
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  • Policy Division Media Bureau 1 8 FCC Rcd 2965, 2976-2977 (1993). 2 Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). 3 47 U.S.C. § 534(b)(1)-(2); 47 C.F.R. § 76.56(b)(1) and (4). 4 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. 5 Complaint at 1-3. 6 Opposition at 1-2, see supra n.3. 7 Reply at 2 (emphasis original).
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  • Fairfax Reston VA0046 `` See Appendix A. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated,
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  • population of such community of license on that date did not exceed 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion We deny TV24's complaint. As noted above, Section 614(h)(2) of the Communications Act, as amended, and Section 76.55(d) of the Commission's rules, establish the requirements that LPTV stations must comply with to qualify for mandatory carriage on a cable system. To be considered qualified for must carry purposes, an LPTV station must be located no more than 35 miles from the cable system's principal headend and deliver a good quality over-the-air signal to a cable operator's principal headend.
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  • configuration was responsible for the inadequate readings, and sketches and diagrams would assist us in evaluating this possibility. We also note that the test results stated the distance to the station was 15 miles. Consequently, we will grant WMTY's complaint.18 ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, 47 C.F.R. §§76.55(d) and 76.56(b)(3), that the complaint filed by WMTY, Inc. IS GRANTED. IT IS FURTHER ORDERED that West Alabama TV Cable Co. Inc. shall commence carriage of W46DF within sixty days after the release date of this order in the absence of new tests that demonstrate that W46DF does not provide an
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  • carry stations, licensed to the Monterey-Salinas DMA, it now carries to accommodate KTCN-TV's must carry request. In addition, KTCN-TV contends that Charter has not met the requirement that it provide one-third of its usable activated channel capacity to local stations. KTCN-TV requests that the Commission order Charter to commence carriage of its signal on the cable systems in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KTCN-TV, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. We find that Charter has failed to
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  • Policy Division Media Bureau 1 8 FCC Rcd 2965, 2976-2977 (1993). 2 Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). 3 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. 4 Complaint at 1. The Commission's rules specify that the 2000-2001 DMA list will be used by stations for the 2002 election between retransmission consent and must carry
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • Cypress (the ``Orange System''). Petition at 2. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). 47 U.S.C. §534(h)(1)(C). See USA Station Group Partnership of Hollywood, Florida, 14 FCC Rcd 7211 (1999). Petition at 2; see 47 C.F.R. § 76.1601 (Deletion or repositioning of broadcast signals). Id. See 47 U.S.C. § 534(b)(5), 47 C.F.R. § 76.51 et
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  • Lennox, Los Angeles, North Torrance, and Torrance. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • and 76.61(a)(3). WHDT-DT, Channel 59, Stuart, Florida, 16 FCC Rcd 2692, 2698 (2001). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). Carriage of Digital Television Broadcast Signals, 16 FCC Rcd 2598, 2617 (2001). Complaint at 2. Id. Id.; see 47 C.F.R. § 76.64(f). 47 C.F.R. § 0.283. (...continued from previous page) (continued....) Federal Communications Commission DA 03-3280 Federal
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  • is located in the same television market as a cable operator is not entitled to carriage. Although the signal strength tests submitted by Charter indicate that KUTF does not currently deliver a good quality signal to Charters's principal headends, KUTF has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. KUTF has made this commitment and by doing so is eligible for mandatory carriage by Charter on the subject
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  • located in the same television market as a cable operator is not entitled to carriage. Although the signal strength tests submitted by Comcast do indicate that KUTF does not currently deliver a good quality signal to Comcast's principal headends, KUTF has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. KUTF has made this commitment and by doing so is eligible for mandatory carriage by Comcast on the subject
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  • the Station's must carry request, KUTF does not know if it can deliver a good quality signal to Jackpot's principal headend, but that it is committed to deliver, at its own expense, a good quality signal to Jackpot's principal headend. KUTF requests that the Commission order Jackpot to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KUTF, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Jackpot has failed to
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  • must carry request, KUTF does not know if it can deliver a good quality signal to Provo Cable's principal headend, but that is committed to deliver, at its own expense, a good quality signal to Provo Cable's principal headend. KUTF requests that the Commission order Provo Cable to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KUTF, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Provo Cable has failed
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  • the Station's must carry request, KUTF does not know if it can deliver a good quality signal to Colonial's principal headend, but that it is committed to deliver, at its own expense, a good quality signal to Colonial's principal headend. KUTF requests that the Commission order Colonial to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KUTF, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Colonial has failed to
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  • the Station's must carry request, KUTF does not know if it can deliver a good quality signal to Dugway's principal headend, but that it is committed to deliver, at its own expense, a good quality signal to Dugway's principal headend. KUTF requests that the Commission order Dugway to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KUTF, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Dugway has failed to
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  • carry request, KUTF does not know if it can deliver a good quality signal to Levan Cable's principal headend, but that it is committed to deliver, at its own expense, a good quality signal to Levan Cable's principal headend. KUTF requests that the Commission order Levan Cable to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KUTF, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Levan Cable has failed
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''); 47 C.F.R. §76.55(e). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • instant Petition are listed in Appendix A. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • Inc. provides cable service in Manila, Utah. 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaints at 1-2. Id. See Must Carry Order, 8 FCC Rcd at 2976-77 (1993); 47 C.F.R.
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated,
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  • cable community at issue is Needles, California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • are Ventura and unincorporated Western Ventura County. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • operator (``OVS'') in some of these communities. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • Media Bureau 18 FCC Rcd 7068 (2003). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • Trona, Westend, Sun City and Menifee, California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • in these cable communities. Petition at 1. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). Complaint at 2. Id. at Attachment A. Id. at 3; see also 47 C.F.R. § 76.61(a)(2). Complaint at
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  • communities are located in Livingston County, Michigan. 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • Division Media Bureau Complaint at 1. Id. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications that delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(3). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. Id. Id. Id.
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  • power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion In support of his complaint, Reynolds states that the station has been on the air on a full-time basis since July 15, 2003, and satisfies the criteria for low power television stations set forth in Section 76.55 of the Commission's rules. Specifically, Reynolds states that: (1) the station broadcasts 24 hours a day; (2) the station meets all of the obligations applicable to full power television stations under Part 73 of the Commission's rules, and broadcasts programming that addresses local news and informational needs of the area; (3) the station complies with the interference regulations required under
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  • Division Media Bureau Complaint at 1. Id. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications that delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(3). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. Id. Id. and
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules requires that a commercial television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). See Norwell Television, LLC, 17 FCC Rcd 16085 (2002). Complaint at Exhibit II. Id. at 3. 47 C.F.R.
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  • largest 160 Metropolitan Statistical Areas on June 30, 1990, and the population of such community of license on that date did not exceed 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion W15BB states that pursuant to Section 76.55(d) of the Commission rules, it is a ``Qualified Low Power Station'' and thus entitled to mandatory carriage on Adelphia's cable system. W15BB maintains that on March 5, 2002 it sent via certified mail, its demand for mandatory carriage on Adelphia's cable system serving San Juan and Levittown, Puerto Rico. In a March 20, 2002 letter, Adelphia denied W15BB carriage on
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. Complaint at 3 and Exhibit C. Id. See 47 C.F.R. § 76.61(a)(2). Since no opposition was filed, there has been no allegation that KM failed to provide Mark Twain with a good quality signal. In any event,
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation. 47
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  • Motion to Amend Petition for Special Relief. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation.
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  • systems in question. KCFG claims that Invideo did not respond to its June 24, 2002 demand for mandatory carriage in the cable communities within 30 days of receipt of such request as required by the Commission's rules. KCFG requests that the Commission order Invideo to commence carriage of its signal on channel 9 on the cable systems in question. Section 76.55 of the Commission's rules provides that commercial television broadcast stations, such as KCFG, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Invideo has failed to
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  • that all of the tests were conducted employing good engineering practices and, except for one, demonstrate that KCFG does not presently provide a good quality signal at 5 of the 6 Cable One principal headends. We note, however, that KCFG has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet the signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. KCFG has made this commitment and by doing so is eligible for mandatory carriage by Cable One on
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  • See 47 C.F.R. §§ 76.7 & 76.61(a). 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. See 47 U.S.C § 534(b)(1)(A); 47 C.F.R. §
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  • See 47 C.F.R. §§ 76.7 & 76.61(a). 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. See 47 U.S.C § 534(b)(1)(A); 47 C.F.R. §
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  • 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion WDYR filed its complaint on August 9, 2002. WDYR states that it is a Class A low power television station licensed to Dyersburg, Tennessee and that pursuant to Section 76.55(d) of the Commission rules, it is a ``Qualified Low Power Station.'' WDYR maintains that on November 28, 2001 it ``reiterated'' its demand for mandatory carriage on Charter's cable system serving Newbern, Troy, Trimble, Obion and Union City, Tennessee. Two months later, in a February 4, 2002 letter, Charter denied WDYR carriage on the system at issue on the grounds that
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  • Broeckaert, Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''); 47 C.F.R. §76.55(e). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • had closed. See 47 C.F.R. § 76.7. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commerical publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • by 17 FCC Rcd 18327 (MB 2002). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''); 47 C.F.R. §76.55(e). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • an opposition to WWDP's request for modification. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's
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  • Id. See 47 C.F.R. § 76.61(a)(2). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Carriage of Digital Television Broadcast Signals, First Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 2598 (2001). Id. at 2599. Id. at 2600. See Must Carry Order, 8 FCC Rcd at 2991.
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  • carriage is these communities is very recent and thus would not qualify as historic carriage. Id., citing Greater Worcester Cablevision, Inc., et al., 13 FCC Rcd 22220, 22228 (1998). Id. at 9. Id. at 10-11. Id. at 11. Reply at 2. Id. Id. Id., citing Melody Music, Inc. v. FCC, 345 F. 2d 730 (D.C. Cir. 1965). 47 C.F.R. § 76.55(c); 47 U.S.C. § 534(h)(1)(A). 47 C.F.R. § 76.59(b). 47 C.F.R. § 76.55(c). See WYDN Opposition at 3, citing 10 FCC Rcd 668 (1995). 47 C.F.R. §§ 0.283 and 1.103. (...continued from previous page) (continued....) Federal Communications Commission DA 04-1055 Federal Communications Commission FCC 00-XXX * D f �@ˆþÿ [ f h¹N h¹N @& 0 x ¹N ­
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  • Section 76.57 of the Commission's rules, 47 C.F.R. §76.57. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules, 47 C.F.R. §0.283. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau WMTY, Inc. v. West Alabama TV Cable Co., Inc., 18 FCC Rcd 16550 (2003) (``Bureau Order''). 247 U.S.C. §534(c)(1) and (h)(2). 347 C.F.R. §76.55(d) and 76.56(b)(3). 4WMTY, 18 FCC Rcd at 16552. 5Petition for Reconsideration at 2-3, and Exhibits A, B and C. 6Opposition to Petition for Reconsideration at 1-5, and Exhibit I. 7Reply to Opposition at 2-5. 8Motion to Strike Late-Filed Reply at 1-2. 9Opposition to Motion to Strike Late-Filed Comments at 2-4, and nn.6 and 10. 10The Commission has indicated that it
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  • signal strength measurements during a period from January 23 through January 30, 2004, when the station was temporarily operating at half of its authorized power. KEJB states that the station operated at reduced power from January 13 through February 2, 2004. KEJB restates its commitment to provide a good quality signal to the system's headends at the station's expense. Section 76.55 of the Commission's rules provides that commercial television broadcast stations, such as KEJB, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Classic has failed to
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  • Division Media Bureau Complaint at 1-2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1-2. Id. at 2. Id. at 3 and Exhibit B. Id. at 4; see also 47 C.F.R. §
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  • Division Media Bureau Complaint at 1-2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. at 2. Id. at 3 and Exhibit B. Id.; see also 47 C.F.R. § 76.61(a)(2). Complaint
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  • Division Media Bureau Complaint at 1-2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. at 3 and Exhibit B. Id.; see also 47 C.F.R. § 76.61(a)(2). Complaint at 4.
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  • communities be dismissed. Request at 2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. at n. 2. Id. at 2. Id. and Exhibit 1; see also § 76.64(f)(4). Complaint at
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  • Division Media Bureau Complaint at 1-2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. at 2-3. Id. at 3 and Exhibit B. Id.; see also 47 C.F.R. § 76.61(a)(2). Complaint
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  • Division Media Bureau Complaint at 1. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. at 3 and Exhibit B. Id.; see also 47 C.F.R. § 76.61(a)(2). Complaint at 4.
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  • Division Media Bureau Complaint at 1. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. at 3 and Exhibit B. Id.; see also 47 C.F.R. § 76.61(a)(2). Complaint at 4.
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  • Division Media Bureau Complaint at 1-2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. at 3 and Exhibit B. Id.; see also 47 C.F.R. § 76.61(a)(2). Complaint at 4.
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  • Division Media Bureau Complaint at 1. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. at 3 and Exhibit B. Id. and
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  • by Comcast, one community was listed twice. 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated,
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated,
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  • the Philadelphia DMA, no relief is needed. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Market Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • commence carriage of WHTN on that cable system within 60 days. 12. This action is taken under authority delegated by Section 0.283 and 1.106 of the Commission's rules.24 FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau 1Christian Television Network, Inc. v. Tele-Media Company of Southwest Kentucky, 18 FCC Rcd 10653 (2003) (``Bureau Order''). 247 U.S.C. §534. 347 C.F.R. §76.55 - 76.61. 447 U.S.C. §534(h)(1)(C); 47 C.F.R. §76.55(e)(2). 547 U.S.C. §534(h)(1)(B)(iii); 47 C.F.R. §76.55(c)(3). 6Christian Television, 18 FCC Rcd at 10654-6. 7Petition for Reconsideration at 2-3, and Exhibit A. 8Id. at 4, and Exhibit B. 9Id. at 5. 10Id. at 5-7. 11Opposition at 1-4. 12Id. at 5-8. 13Reply at 1-2. 14Id. at 3-4. 15Motion for Leave to File and Response
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  • Division Media Bureau Complaint at 1. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. at 2. Id. and Exhibit 1. Id. at 3 and Exhibit C. Id. Id. at 4;
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  • system's principal headend a signal of good quality or a baseband video signal, as may be defined by the Commission.'' Comcast states that tests that it conducted of KMTP's signal fell well below the standard provided for in the Commission's rules. Second, Comcast argues that, despite its claims, KMTP is not a local NCE television station pursuant to Section Section 76.55(b)(1) and (2) of the rules. Comcast states that the principal headend for the Santa Cruz system is located at 106 Whispering Pines Drive, Scotts Valley, California, and the distance between this location and KMTP's city of license exceeds the statutorily-mandated 50 miles. In addition, Comcast states that KMTP's Grade B contour does not encompass the Santa Cruz headend. Comcast notes
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  • Partial Reconsideration, Exhibit A. Id. See Complaint of Channel 5 Public Broadcasting, 8 FCC Rcd 4953 (1993). Reply at 5, Exhibit A. Petition for Partial Reconsideration, Exhibit A. See , e.g., Prime Time Christian Broadcasting, Inc., 15 FCC Rcd 7872 (2000). Request at 3. Id. Id. Opposition at 3. Id. at 4. See 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2991 (1993). 47 C.F.R. § 1.102(b)(2). 47 C.F.R. §§ 0.283, 1.43 and 1.102(b)(2). (...continued from previous page) (continued...) Federal Communications Commission DA 04-2069 Federal Communications Commission DA 04-2069 # + 3 4 5 7 ‡ ` ¡ @& ƒ
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  • it has denied KXLA access to the receive antenna site for the purpose of conducting its signal strength tests. KXLA argues that informal measurements it took from a ridge approximately five miles from this receive antenna show that KXLA does in fact deliver a good quality signal to the Sun City cable system in accordance with the requirements of Section 76.55(c)(3) of the Commission's rules. KXLA argues that, in order to comply with its must carry obligations, Mediacom should be required to provide KXLA the same access to its mountain receive antenna that it provides to other local broadcast stations in the Los Angeles DMA. KXLA notes that in Implementation of the Cable Television Consumer Protection and Competition Act of 1992,
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  • reconsideration filed by Minority Television Project, Inc., IS DENIED. This action is taken pursuant to authority delegated by Sections 0.283 and 1.106 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau Minority Television Project, Inc., v. Falcon Cable Systems Company II, L.P., d/b/a Charter Communications, Inc., 16 FCC Rcd 13617 (2001) (``Bureau Order''). 47 C.F.R. §76.55(b). Reconsideration Petition at 2, citing Implementation of the Cable Television Consumer Protection and Competition Act of 1992, 8 FCC Rcd 2965, 2967 (1993) (``Must Carry Order''). Id. at 2, citing Complaint at Attachment B. Opposition at 3. Id., citing Washburn University v. Kansas City Cable Partners d/b/a Time Warner Cable, 14 FCC RCd 9323 (1999); KTEH-TV Foundation v. Viacom Cable,
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  • RCN argues that WYDN-TV does not provide a signal of sufficient strength required to its principal headend site, as required by the Commission's rules. In signal strength tests, RCN states that measurements of WYDN-TV's signal demonstrate a signal strength that is more than 25 dB below the -45dBm minimum signal strength established by Section 614(h)(1)(B)(iii) of the Act and Section 76.55(c)(3) of the Commission's rules. RCN states that WYDN-TV acknowledged its lack of an adequate signal and offered to provide a good quality, baseband video signal via satellite. RCN contends, however, that its research demonstrates that the satellite feed that WYDN-TV proposes is not a retransmission of WYDN-TV's broadcast signal, including all local material, but instead the national Daystar network feed.
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  • as a cable operator is not entitled to carriage. Although KQOK does not dispute that the signal strength tests submitted by Cable One indicate that KQOK does not currently deliver a good quality signal to Cable One's principal headends, KQOK has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. KQOK has made this commitment and by doing so is eligible for mandatory carriage by Cable One on the
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  • 20536 (2003) (``Bureau Order''). 347 U.S.C. §534. 48 FCC Rcd 2965, 2976-7 (1993). 5Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). 6For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation. 47 U.S.C. §534(h)(1)(C). 47 C.F.R. § 76.59. 47 C.F.R. § 76.92. 47 U.S.C. § 534. 47 C.F.R. §
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  • 47 U.S.C. §534. 8 FCC Rcd 2965, 2976-2977 (1993); 47 C.F.R. Subpart D. Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • by Cebridge indicate that only one test, for the Woodward system, was conducted employing sound engineering practices and demonstrates that KQOK does not currently deliver a good quality signal to the principal headend of that system. In any event, KQOK has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Sections 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. KQOK has made this commitment and by doing so is eligible for mandatory carriage by Cebridge on the Woodward
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  • A lists the Communities served by Service. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commerical publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen
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  • Policy Division Media Bureau 1 8 FCC Rcd 2965, 2976-2977 (1993). 2 Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). 3 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). 4 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. 5 Complaint at 2. 6 Id. at Attachment A. 7 Id. at Attachment B. 8 Id. at 2. 9
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  • Heights, and Marine Air Station (Tustin), California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • and it is closer to the cable system's principal headend, it need not carry KLBY. KLBY asserts that Cable TV's claim is contradicted by the Commission's rules themselves. Section 76.56(b)(5) provides that a cable operator is not required to ``carry the signals of more than one local commercial television station affiliated with a particular broadcast network, as defined in Section 76.55(f).'' Section 76.55(c) defines a ``local commercial television station'' as a full power television station that is located ``within the same television market'' as the cable system. KLBY points out that KWNB-TV is assigned to the North Platte, Nebraska DMA and therefore the network nonduplication rule in inapplicable. KLBY states that in Nexstar Broadcasting Group, L.P. v. River Valley Cable TV,
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  • Wildomar, Willowbrook, Wilmington, Wilshire, Windsor Hills, California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • which were redesignated ``hubs.'' The Bureau found that this was consistent with a system-wide upgrade and was not an evasion of must carry obligations. Id. 47 U.S.C. § 534. For UHF commercial television stations, the standard used to determine what constitutes a good quality signal at a cable system's headend is -45 dBm. 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). 47 C.F.R. §§ 0.283 and 1.106. (...continued from previous page) (continued...) Federal Communications Commission DA 04-941 Federal Communications Commission DA 04-941 �@ˆþÿ �@ˆþÿ �@ˆþÿ �@ˆþÿ �@ˆþÿ �@ˆþÿ �@ˆþÿ �@ˆþÿ hvu hI � ¬é°{ ¬é°{ ¬é°{ ¬é°{ ¬é°{ ¬é°{ ¬é°{ ¬é°{ ¬é°{ ­ @& ª I q t Ã È î ô „\ \ ^„\ º= vu I
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  • to be the system serving Marble Hill. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Market Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • to foreign stations. PART 76 -- MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE SUBPART D -- CARRIAGE OF TELEVISION BROADCAST SIGNALS Brief Description: These rules provide for the carriage of television broadcast signals on cable television systems. Need: These rules implement sections 4 and 5 of the Cable Television Consumer Protection and Competition Act of 1992. . Section Number and Title: 76.55 Definitions applicable to the must-carry rules. 76.56 Signal carriage obligations. 76.57 Channel positioning. 76.59 Modification of television markets. 76.61 Disputes concerning carriage. 76.62 Manner of carriage. 76.64 Retransmission consent. SUBPART H -- GENERAL OPERATING REQUIREMENTS Brief Description: These rules prescribe customer service standards for cable operators. Need: These rules implement section 8 of the Cable Television Consumer Protection and Competition
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  • Division Media Bureau Complaint at 1. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. at 2. Id. and Exhibit A. Id. and
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  • Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • Rio Verde, Arizona. Petition at Exhibit A. 28 FCC Rcd 2965, 2976-1977 (1993). 3Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). 4For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • (AR0262), Crittenden County (AR0267), and Parkin (AR0263). 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • 51% of land only See Appendix A. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • pursuant to authority delegated under Section 0.283 of the Commission's rules, 47 C.F.R. §0.283. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau 47 C.F.R. §§76.51-76.64. Tri-State Christian TV, Inc. v. Blytheville TV Cable Company, 17 FCC Rcd 21413 (2002) (``Initial Order''). 47 U.S.C. §534. See supra n. 1. 47 C.F.R. §76.64(f). 647 U.S.C. §534(c)(1) and (h)(2); 47 C.F.R. §76.55(d) and 76.56(b)(3). See also Initial Order, 17 FCC Rcd at 21413. 7Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2991 (1993) (``Must Carry Order''). 8See, e.g., Franklin Media, Inc. v. Comcast Cable Communications, Inc., 19 FCC Rcd 24086, 24087 (2004). 917 FCC Rcd at 21415. 10Petition for Reconsideration
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  • William H. Johnson Deputy Chief Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation.
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  • DMA. Petition at cover pages and i. 28 FCC Rcd 2965, 2976-1977 (1993). 3Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). 447 U.S.C. §534(h)(1)(C). 5Supra n. 3 , 47 C.F.R. §76.59(b). 6The Longley-Rice model provides a more accurate representation of a
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  • on which it was carried on July 19, 1985. The parties may also mutually agree to another channel number. 16. This action is taken under authority delegated by Section 0.283 of the Commission's rules, 47 C.F.R. §0.283. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 U.S.C. §535. 8 FCC Rcd 2965, 2966-2971 (1993). 47 C.F.R. §76.55(b). Complaint at 2. Id. at 3. Id. at 4-5. Id. at 5-8. Id. at 8-9. Id. at 10-11. Id. at 11-12. Id. at 12-13. 12Adelphia cites 47 U.S.C. §535(g)(4) (station required to deliver good quality signal as defined by Commission), and 47 C.F.R. §76.55(c)(3) (cable system not required to carry UHF station unless it provides signal level of -45dBm unless
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  • of satellite carriers and cable operators. In developing our rules for the timing of revisions to market definitions, the Commission strove to ``establish comparable timelines and requirements for satellite carriers,'' thereby ``providing effective competition to incumbent cable systems.'' EchoStar contends that if we waive the timeline established by Section 76.66(e)(3), which mirrors the timeline for cable operators established in Section 76.55(e)(2), we will injure the regulatory parity that exists between cable and DBS services. To support that proposition, EchoStar points to our Market Modification Final Report and Order addressing carriage rights in the cable context. There, the Commission affirmed its decision to delay the transition to DMAs until January 1, 2000 and chose to rely on the 1991-92 Arbitron ADIs through
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  • 4990 (2003)(``Bureau Order''). 2Id. 347 U.S.C. §534. 48 FCC Rcd 2965, 2976-7 (1993). 5Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). 6For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and
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  • County, Nevada. Absent opposition by CMA, the central issue in this proceeding is whether KHMP is a ``qualified'' LPTV station for must carry purposes. In that regard, the Commission has stated that an LPTV station will be entitled to must carry status only if it meets all of the requirements established in Section 614(h)(2) of the Communications Act and Section 76.55(d) of the Commission's rules. In this case, we find that KHMP meets the requirements established by these provisions and, thus, is a qualified LPTV station for mandatory carriage on CMA's Pahrump cable system. Accordingly, we grant KHMP's must carry complaint ordering clauses Accordingly, IT IS ORDERED, that the complaint filed by Hilltop Church, Inc. IS GRANTED pursuant to Section 614(h)
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  • 338 of the Communications Act, MB Docket No. 05-181, Report and Order, FCC 05-159 at para. 9 (rel. Aug. 23, 2005); see also Nielsen Media, 210 Designated Market Areas (2005), available at http://www.nielsenmedia.com/DMAs.html (visited May 8, 2006). For the purposes of cable carriage, Puerto Rico, the U.S. Virgin Islands, and Guam are each considered a single market. 47 C.F.R. § 76.55(e)(1). This rule does not apply to satellite local markets. WSJU is licensed to San Juan, PR, in San Juan County. WRFB is licensed to Carolina, PR, in Carolina County. See The National Atlas of the United States of America, Puerto Rico County Map with selected Cities and Towns (2006), available at http://nationalatlas.gov/printable/images/pdf/counties3/pagecnty_pr3.pdf . See General Plumbing Corp. v. New York
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  • days from the date on which WKFK-LP delivers a good quality signal to the cable system's principal headend. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 U.S.C. § 534(c)(1); 47 C.F.R. § 76.56(b)(3). 47 U.S.C. § 534(h)(2); 47 C.F.R. § 76.55(d). Complaint at Exhibit A. Id. at Exhibit B. Id. at 2, citing 18 FCC Rcd 9970 (2003) (``NCN Decision''). Id. at 2 n.4. Id. at 3-4. Id. at 4. Id. at 4-6. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 0.283. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1080 Federal Communications Commission FCC 00-XXX
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  • Angeles, North Torrance and Torrance, California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). Complaint at 2, citing 18 FCC Rcd 21384 (2003), recon. pending. Id. Id. at Exhibit A; see also 47 C.F.R. § 76.61(a)(1). Id. at Exhibit B. Motion at 1. Id., citing Exhibit B to the Complaint.
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  • Heights, and Marine Air Station (Tustin). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). Complaint at 2, citing 19 FCC Rcd 4509 (2004), recon. pending. Id. Id. at Exhibit A; see also 47 C.F.R. § 76.61(a)(1). Id. at Exhibit B. Motion at 1. Id. at 2. Id. Reply at 1.
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  • to modify a market contains inadequate information). 28 FCC Rcd 2965, 2976-1977 (1993). 3Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). 4For a more complete description of how counties are allocated, see Nielson Media Research's Nielsen Station Index: Methodology Techniques and
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  • which are substantially below the signal levels established by the Commission's rules of -45 dBm for UHF signals and -49 dBm for VHF signals. In that regard, the Commission has stated that an LPTV station will be entitled to must carry status only if it meets all of the requirements established in Section 614(h)(2) of the Communications Act and Section 76.55(d) of the Commission's rules. One of those requirements is that the LPTV station provide a good quality over-the-air signal to a cable operator's principal headend. Because of our finding that W62DE is not a qualified LPTV station for must carry purposes; we need not address the procedural issues raised by Mediacom in this proceeding. In view of the above, we
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  • FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division, Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commerical publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen
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  • responded for both. Opposition at 1-2. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). Complaint at 1. Letter from Associate Division Chief, Video Division, December 28, 2005. Complaint at Exhibit 1. Complaint at Exhibit 2. See 47 C.F.R. §76.55(c)(3). Complaint at 2. Opposition at 1. Opposition at 2, citing KBL Cablesystems
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. § 76.55(e)(2). 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). 4 47 C.F.R. §§ 76.51-76.64. 5 Frontier, A Citizens Communications Company, 18 FCC Rcd 9589 (2003) (``Bureau Order''). 6 Frontier, A Citizens Communications Company, 19
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  • Pennsylvania. Complaint at 1. 2 8 FCC Rcd 2965, 2976-2977 (1993). 3 Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. § 76.55(e)(2). 4 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3). 5 Complaint at 3-4. 6 Id. at 2, citing 47 C.F.R § 76.61(a), and Attachment A. 7 Id. at 2, and Attachment B, citing
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  • carry rules, cable operators have the burden of showing that a commercial station that is located in the same television market as a cable operator is not entitled to carriage. Mountain Shadows has not done so. In any event, KVMD has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. KVMD has made this commitment and by doing so is eligible for mandatory carriage by Mountain Shadows on the
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  • in its rejection letter to substantiate its claims of poor signal quality, as required by Section 76.61(a)(2) of the Commission's rules. KVMD notes that the Commission has previously held that a bare claim of poor signal quality by a cable operator without the requisite engineering data cannot be relied upon to support a refusal of carriage. Moreover, KVMD states, Section 76.55(c)(3) of the Commission's rules allows a broadcaster to deliver a good quality signal to the cable system by alternative means, as long as it agrees to bear the costs of such delivery. KVMD states that it is committed to delivering a good quality signal to CS' principal headend. As a result, KVMD requests that the Commission grant its request. In
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  • Wilmington, Wilshire, and Windsor Hills, California. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Comcast Cable Communications, Inc., 19 FCC Rcd 5245 (2003) (``Comcast Order''); recon. pending. Id. KVMD is an authorized full-service digital UHF station. Its DTV facility is authorized to broadcast on Channel 23 and commenced operations,
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  • to respond to KXLA within 30 days as required by Section 76.61(a)(2) of the Commission's rules. According to KXLA, it is capable of, and committed to, providing Mountain Shadows' Rancho Palos Verdes cable system with a good quality signal. KXLA requests that the Commission order Mountain Shadows to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KXLA, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Mountain Shadows has failed
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  • Sierra failed to respond to KXLA within 30 days as required by Section 76.61(a)(2) of the Commission's rules. According to KXLA, it is capable of, and committed to, providing Sierra's Rancho Palos Verdes cable system with a good quality signal. KXLA requests that the Commission order Sierra to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KXLA, are entitled to carriage on cable systems located in the same DMA. As noted above, cable operators have the burden of showing that a commercial television station that is located in the same television market is not entitled to carriage. We find that Sierra has failed to
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). See Frontier, A Citizens Communications Company, 18 FCC Rcd 23814 (2003) (``Frontier Order''); recon. pending. Frontier was the predecessor-in-interest to the current owner, Rapid Communications. Id. KVMD is an authorized full-service digital UHF station. Its DTV
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  • Division Media Bureau Complaint at 1. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. at 1-2. Id. and Exhibit 1. Id. Id. at 2. Id. at 3 and Exhibit A.
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  • Complaint at 1 and Exhibit A. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets base on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1-2. Id. at 2. Id. at 3 and Exhibit C. Id. Id. at 4. Opposition at 1-2. Id.
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  • WJLA-TV is at risk of being removed from the cable systems serving the communities. Those cable systems have carried WJLA-TV for years and there is nothing that remotely suggests that it would not continue to be carried in the future. To eliminate any possible concern about WJLA-TV's future status, however, WHSV-TV states that it consents to a waiver of Section 76.55(b)(5) of the Commission's rules that requires a cable operator to carry the closer of two duplicating stations, leaving it up to the cable operator to choose which affiliate to carry. In a response to WHSV-TV's reply, WJLA-TV argues that the Diversified decisions are factually and legally inapposite to the situation here and do not support WHSV-TV's market modification request. WJLA-TV
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  • that date did not exceed 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion W24DC asserts that it is a ``Qualified Low Power Station'' because it meets ``every factor of a qualified low power station'' pursuant to Section 76.55(d) of the Commission's rules. It states that it broadcasts 24 hours a day, seven days a week; and meets all obligations and requirements ``applicable to full power television stations with respect to the broadcast of nonentertainment programming, programming rates involving political candidates, election issues, controversial issues of public importance, editorials, personal attacks, children's programming, and equal employment opportunities.'' W24DC asserts
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  • its alleged mandatory carriage obligations or to properly serve Mediacom with a copy of the initial complaint, as required by the Commission's rules. The Bureau Order denied W62DE's complaint because the Station failed to deliver a good quality over-the-air signal to Mediacom's Fitzgerald, Georgia headend in accordance with the requirements established in Section 614(h)(2) of the Communications Act and Section 76.55(d) of the Commission's rules. In its reconsideration petition, W62DE seeks to reverse the Bureau Order, arguing that Mediacom is carrying two LPTV stations - W05AZ and W38DG, both licensed to Tifton, Georgia - as must carry stations even though they do not provide an ``adequate'' quality signal to Mediacom's principal headend in Fitzgerald. W62DE asserts that Mediacom allows the other
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  • amended, 47 U.S.C. § 534(h). This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau WMTY, Inc. v. James Cable Partners, DA 06-1569 (MB, August 2, 2006). Section 614 of the Telecommunications Act of 1934, as amended (47 U.S.C. § 534(h)(1)(B)(i) and Section 76.55(c)(3) of the Commission's rules (47 C.F.R. § 76.55(c)(3)) establish a threshold signal level of -45dBm for UHF signals or -49 dBm for VHF signals at the input terminals of the of the signal processing equipment. 47 C.F.R. § 0.283. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1779 Federal Communications Commission DA 06-1779 � + G K L M
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  • 47 C.F.R. §§ 76.7 and 76.61. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. § 76.55(e)(2). See Must Carry Order, 8 FCC Rcd at 2990. Complaint at 1. Id. Id. at 2. Id. 47 U.S.C. § 76.61(a). Opposition at 2. Id. Id. Id. at 3; Exhibits 1 and 2.
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  • 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion In support of its complaint, WSSN-LP argues that it meets all of the requirements set forth in Section 614(h)(2) of the Communications Act of 1934, as amended, and Section 76.55(d) of the Commission's rules and is therefore entitled to carriage on Mid-Hudson's cable system. WSSN-LP states that it broadcasts for the required minimum number of hours, meets all the relevant requirements imposed on full-power television stations, broadcasts news and informational programming that is locally oriented and addresses local needs not addressed by full-power stations, complies with the Commission's interference rules,
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  • original pleadings, we will grant Armstrong's motion. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated,
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  • ``to reduce channel line-up disruptions whenever possible.'' Because EchoStar presently does not carry KEGS in any DMA, overall channel line-up disruption will be reduced by granting the waiver. 3. Equal treatment of satellite carriers and cable operators. Finally, EchoStar contends that if we waive the timeline established by Section 76.66(e)(3), which mirrors the timeline for cable operators established in Section 76.55(e)(2), we will injure the regulatory parity that exists between cable and DBS services. EchoStar argues that a waiver would frustrate the Commission's attempt to ``establish comparable timelines and requirements for satellite carriers,'' thereby ``providing effective competition to incumbent cable systems.'' EchoStar notes that the Commission's rules for cable operators have tolerated market determinations far more out of date than the
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  • FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau 47 C.F.R. §§76.51-76.64. Tri-State Christian TV, Inc. v. Blytheville TV Cable Company, 17 FCC Rcd 21413 (2002) (``Initial Order''). 3Tri-State Christian TV, Inc. v. Blytheville TV Cable Company, 20 FCC Rcd 15771 (2005) (``Order on Reconsideration''). 447 U.S.C. §534. 5See supra n. 1. 647 U.S.C. §534(c)(1) and (h)(2); 47 C.F.R. §76.55(d) and 76.56(b)(3). See also Initial Order, 17 FCC Rcd at 21413. 7Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2991 (1993) (``Must Carry Order''). 8See, e.g., Franklin Media, Inc. v. Comcast Cable Communications, Inc., 19 FCC Rcd 24086, 24087 (2004). 9Submission of Further Test Results at 2-3. (...continued
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  • 29, 1999). See 47 U.S.C. § 338. A DMA is a geographic area that describes each television market exclusive of others, based on measured viewing patterns. See 17 U.S.C. § 122(j)(2)(A)-(C). For the purposes of cable carriage, Puerto Rico, the U.S. Virgin Islands, and Guam are each considered a single market for the purposes of Section 338(a)(1). 47 C.F.R. § 76.55(e)(1). This rule does not apply to satellite local markets. See 47 C.F.R. § 76.66. 47 U.S.C. § 338(a)(4) (2006). Implementation of Section 210 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 to Amend Section 338 of the Communications Act, FCC 05-159, ¶ 9 (rel. Aug. 23, 2005) (``Alaska-Hawaii Report and Order''). Id. at ¶ 10. See also,
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  • FCC Rcd 9889 (2004) (``KM Television''). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(c). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. § 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. KM Television, 19 FCC Rcd at 9889. KMSO-TV, INC., 66 FCC 2d 603, 604 (1977) (``The
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques
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  • range, an insufficient signal strength. Although East Cleveland Cable asserts that WGGN fails to provide a good quality signal to the system's headend, WGGN asserts that it is committed to providing a good quality signal at its own expense via satellite delivery. We conclude that WGGN's suggested delivery of its signal via satellite is an acceptable alternative pursuant to Section 76.55(c)(3) of the Commission's rules. IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. §534, and Section 76.59 of the Commission's rules, 47 C.F.R. §76.59, that the captioned petition for special relief (CSR-7157-A), filed by East Cleveland Cable TV & Communications, LLC IS DENIED. 18. IT IS FURTHER
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  • 42) Oxford (OH2791); and 43) Dover (OH2793). 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). For a more complete description of how counties are allocated,
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  • CFB does not dispute this argument. Although Cox also asserts that CFB fails to provide a good quality signal to the system's headend, CFB asserts that it is committed to providing a good quality signal at its own expense via satellite delivery. We conclude that CFB's suggested delivery of WGGN's signal via satellite is an acceptable alternative pursuant to Section 76.55(c)(3) of the Commission's rules. Therefore, we dismiss CFB's petition for carriage in Lakewood, because it is outside of WGGN's market area, but grant it as to the other Cox communities. Time Warner Petition for Market Modification Time Warner has filed a Petition for Special Relief with the Commission to modify the Cleveland-Akron, Ohio DMA to exclude numerous communities served by
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • Order, 8 FCC Rcd 2965, 2975-77, ¶¶ 41-46 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. § 76.55(e)(2). Comcast's principal headend is located in Palm Beach County, southwest of West Palm Beach, Florida, at 9689 Palomino Road, Lake Worth, Florida, near State Route 7. Opposition to Complaint by Comcast, filed Feb.
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  • must carry rules, cable operators have the burden of showing that a commercial station that is located in the same television market as a cable operator is not entitled to carriage. Charter has not done so. In any event, WUVN has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission's rules allows local commercial television stations which fail to meet signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system's principal headend. WUVN has made this commitment and by doing so is eligible for mandatory carriage by Charter on the subject
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  • the Commission to grant its request. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). Complaint at Exhibit B; see also 47 C.F.R. § 76.61(a)(1). Complaint at 1-2; see also 47 C.F.R. § 76.57(a) and (c). Complaint at 2. Id. Id. See 47 C.F.R. § 76.57. 47 C.F.R. § 0.283. (...continued
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  • Statistical Areas (``MSAs'') on June 30, 1990, and the population of such community of license on that date did not exceed 35,000; and (6) no full power television broadcast station is licensed to any community within the county or other political subdivision of a state served by the cable system. DISCUSSION Petitioners claim that WKRP satisfies the requirements of Section 76.55(d) of the Commission's rules, and thus is a ``qualified'' low power station for purposes of the must carry rules. Petitioners state that WKRP provides local news, weather, and sports programming to the Alexandria, Tennessee area 24 hours per day, seven days per week, and that such programming is not provided by the nearby Nashville market . In addition, they claim
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  • of retransmission consent. Television stations having mandatory carriage rights make their carriage elections at three year intervals for each cable system on which they wish to be carried. When making their triennial carriage elections, stations determine in which markets they are eligible for carriage by consulting the DMA Market and Demographic Rank Reports produced by Nielsen (``Nielsen DMA lists''). Section 76.55(e)(2)(ii) states that ``[t]he applicable DMA list for the 2002 election pursuant to §76.64(f) will be the DMA assignments specified in the 2000-2001 list, and so forth for each triennial election pursuant to §76.64(f).'' Pursuant to this Section, the applicable Nielsen DMA list for the October 2005 election consisted of the DMA assignments specified in the 2003-2004 Nielsen DMA list. WGCB
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  • to respond to this demand, as required by Section 76.61(a)(2) of the rules. The Stations filed the instant complaint within 60 days of WATC's failure to respond, pursuant to Section 76.61(a)(5) of the rules. WSSF-LP and WSFG-LP argue that they met all of the requirements set forth in Section 614(h)(2) of the Communications Act of 1934, as amended, and Section 76.55(d) of the Commission's rules and are therefore entitled to carriage on WATC's cable system. The Stations state that they broadcast for more than the required minimum number of hours, meet all the relevant requirements imposed on full-power television stations, comply with the Commission's interference rules, transmit from a location within the required 35-miles from the cable system headend, and provide
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  • 2965, 2976-77, ¶¶ 42-47 (1993)(``Must Carry Order''); See also 47 C.F.R. § 76.59. Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology Techniques and Data Interpretation. 47 U.S.C. §534(h)(1)(C)(i). 47 U.S.C. §534(h)(1)(C)(ii). H.R. Rep. 102-628, 102d Cong., 2d Sess. 97 (1992). Must Carry Order,
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  • located in in Carroll County, New Hampshire. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • Petition at 2-3. See Petition at 4. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules,14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index: Methodology
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • that, at the present time, its signal is dark. However, W18AN states that it expects to return to the air as soon as replacement equipment can be installed and it argues that when it returns to the air, it will meet all of the requirements set forth in Section 614(h)(2) of the Communications Act of 1934, as amended, and Section 76.55(d) of the Commission's rules to be considered a qualified LPTV station for must carry purposes. W18AN states that it will broadcast for the required minimum number of hours, meet all the relevant requirements imposed on full-power television stations, broadcast news and informational programming that is locally oriented and address local needs not addressed by full-power stations, comply with the Commission's
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • Naranjito, Aibonito, Arecibo (unincorporated), and Manati (unincorporated). 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999)( "Modification Final Report and Order"). Essentially, each county in the United States is allocated
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • Order, 8 FCC Rcd 2965, 2975-77, ¶¶ 41-46 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. § 76.55(e)(2). See Must Carry Order, 8 FCC Rcd at 2990, ¶ 102. See 1998 Market Modification Order, 13 FCC Rcd at ¶¶ 7, 13. More specifically, KJLA-TV was then known as KSTV-TV, Channel 57,
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  • to Consolidate, at 1. 47 U.S.C. §534. 8 FCC Rcd 2965, 2976-7 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999)(``Modification Final Report and Order''). Essentially, each county in the United States is allocated to a market based on which home-market stations receive a
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  • the CBS Television Network precluded WSWG from granting retransmission consent on ATC's cable systems.'') (emphasis added); see also note 28 infra (WSWG admitted it ``misunderstood'' the terms of its Affiliation Agreement.) In its Answer, WSWG states the Affiliation Agreement ``permits WSWG to grant retransmission consent only on cable systems (1) located within the station's television market (as defined in Sections 76.55(e) and 76.59 of the FCC's Rules), (2) located in an area in which the station is ``significantly viewed,'' or (3) on which the station had been carried on October 5, 1992 and does not receive the station's signal via satellite.'' Answer at 2 & n.2 (quoting Dec. 5, 2006 Affiliation Agreement between CBS Affiliate Relations and Gray Television Group, Inc.,
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  • Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, 8 FCC Rcd. 4142, 4144, ¶ 15 (1993). See 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57(a). See 47 C.F.R.
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  • ¶ 28 (2001) (``DTV Must Carry Order''); see also 47 C.F.R. §76.64(f)(4). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. § 76.55(e)(2). See Must Carry Order, 8 FCC Rcd at 2990, ¶ 102. See Complaint at 1; Request for Reinstatement at 3. See also Complaint at Ex. 1, Must Carry Request Letter dated June 12,
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  • 2610 ¶28 (2001) (``DTV Must Carry Order''); see also 47 C.F.R. §76.64(f)(4). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. § 76.55(e)(2). See Must Carry Order, 8 FCC Rcd at 2990, ¶ 102. See Trust Complaint at 3-4, James Cable Complaint at 3-4, SCS Complaint at 4, KFWC Complaint at 4,, and Envision Complaint at
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  • Docket No. 92-259, Report and Order, 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by The Nielsen Company's DMAs. See 47 C.F.R. § 76.55(e). The Nielsen Company was previously named Nielsen Media Research. Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, MM Docket No. 92-259, Clarification Order, 8 FCC Rcd. 4142, 4144
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  • was notified that carriage in the communities served by these headends would commence within the 60 days specified in the Bureau Order. For the remaining principal headends of Chincoteague and Tangier Island, Virginia, and Manteo and Waves, North Carolina, however, Charter maintains its signal strength tests demonstrate that WHRE-DT fails to deliver a ``good quality signal'' as required by Section 76.55(c)(3) of the Commission's rules. As a result, Charter requests that the Bureau revise its order and find that Charter is not required to carry WHRE-TV in the communities of Chincoteague, and Tangier Island, Virginia, and Manteo and Waves, North Carolina. In opposition, WHRE-DT argues that Charter's petition is superfluous and unnecessary. Despite Charter's contention that WHRE-DT does not provide an
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  • determine areas of overlap, data from broadcasters and MVPDs need to be estimated based on a common geographic area. See 47 U.S.C § 338 (k) (signal carriage rights) and 17 U.S.C. § 122 (j) (copyright). See 47 U.S.C. § 534 (a broadcast station's local market shall be determined by the Commission by regulation or order). See also 47 C.F.R. § 76.55 (e). See, e.g., 47 C.F.R. §§ 76.56 & 76.64 (signal carriage obligations), 47 C.F.R. § 73.3555 (multiple ownership). Section 614(h)(1)(C)(i) of the Communications Act of 1934, as amended, provides in relevant part: ``Following a written request, the Commission may, with respect to a particular television broadcast station, include additional communities within its television market or exclude communities from such station's
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  • of such community of license on that date did not exceed 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion In support of its complaint, WGBS-LD argues that it is a ``qualified'' low power station pursuant to Section 76.55(d) of the Commission's rules and is thus entitled to carriage on Charter's Isle of Wight County cable system. WGBS-LD states that it broadcasts 24 hours per day; adheres to all relevant Commission requirements imposed on full-power television stations regarding non-entertainment, political and children's programming; broadcasts news and informational programming that is locally oriented and addresses local needs not addressed by
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  • Docket No. 92-259, Report and Order, 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, MM Docket No. 92-259, Clarification Order, 8 FCC Rcd. 4142, 4144 (1993). 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57(a).
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  • Carolina. See Petition at Exhibit B. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. § 76.55(e). Petition at 1-2. Id. at 2. Id. Id. at Exhibit A. Id. at 2. Id. at Exhibit B. Id. at 2. WHRE-DT states that Charter's engineer reported that WHRE-DT registered a signal strength of +7dBmv to
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • 1990, and the population of such community of license on that date did not exceed 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. discussion In support of its complaint, Petitioners claim that WRTN-LD satisfies the requirements of Section 76.55(d) of the Commission's rules, and thus is a ``qualified'' LPTV station for purposes of the must carry rules. Petitioners state that WRTN-LD operates 24 hours a day, seven days a week, provides local news, weather and sports, and that these services are not provided by the nearby Nashville market. Petitioners also state that WRTN-LD is located 7.57 Km from Comcast's
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  • and Order, 23 FCC Rcd 3928 (MB, rel. Mar. 10, 2008) (``Bureau Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's designated market areas (``DMAs''). See Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules, Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 6201, 6224 ¶ 48 (1996), modified by, Order on Reconsideration
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  • 2 (Sept. 14, 1992) (Conference Report). Conference Report at 3. Cable operators that are subject to rate regulation are required to provide subscribers with a basic service tier and to carry local broadcast stations on that tier. 47 U.S.C. § 543(b)(7); see also 47 C.F.R. § 76.901. See n. 9, supra. See 47 C.F.R. § 76.64. See 47 C.F.R. § 76.55(c)(3); 47 C.F.R. § 76.56(b)(5). 47 U.S.C. § 325; see also 47 C.F.R. § 76.64 (retransmission consent). However, such carriage arrangements may be limited by other contractual restrictions, such as network affiliation agreements. 47 U.S.C. § 325(b)(2)(A). Pursuant to Commission rules, a qualified NCE station is one that is: (1) licensed to a community whose reference point, as defined in §
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by The Nielsen Company's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • 2011, W06AY-D states that Bardstown denied carriage, claiming that W06AY-D did not provide a ``good quality signal'' at the cable system's principal headend. As a result, W06AY-D states that it filed the instant complaint within the 60-day period required pursuant to Section 76.7(c)(4)(iii) of the Commission's rules. W06AY-D argues that it is a ``qualified'' low power station pursuant to Section 76.55(d) of the Commission's rules and is thus entitled to carriage on Bardstown's cable system. W06AY-D states that it broadcasts 168 hours per week; adheres to all relevant Commission requirements imposed on full-power television stations regarding non-entertainment, political and children's programming; broadcasts news and informational programming that is locally oriented and addresses local needs not addressed by full-power stations; complies with
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see Nielsen Media Research's Nielsen Station Index:
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  • Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1992) (``Must Carry Order''). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by The Nielsen Company's DMAs. 47 C.F.R. §76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). For a more complete description of how counties are allocated, see The Nielsen Company's (formerly Nielsen Media Research)
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  • Docket No. 92-259, Report and Order, 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by The Nielsen Company's DMAs. See 47 C.F.R. § 76.55(e). The Nielsen Company was previously named Nielsen Media Research. Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, MM Docket No. 92-259, Clarification Order, 8 FCC Rcd. 4142, 4144
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  • Issues, 16 FCC Rcd 16544 (2001)(``DBS Broadcast Carriage Reconsideration Order''). See 47 C.F.R. § 76.66. Although the rules for mandatory satellite carriage do not include a required digital signal level, the rules for cable carriage require that television stations must deliver a digital signal level of at least -61dBm at the input terminals of the signal processing equipment. 47 C.F.R. §76.55 (c)(3). This is the standard that DISH referenced in its test of KCWX's signal. For purposes of the testing required in this Order, the -61dBm standard should be used. Complaint at 1. Id. Complaint at 4. Opposition at 5. See Community Television, Inc. v Echostar Communications Corp., 17 FCC Rcd 12907, 12911 (MB 2002). DISH Testing Report. See Complaint of
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  • Commission action. E980276 SES-ASG-20010831-01644 PHILLIPS COMMUNICATIONS INC. Application for Consent to Assignment TO: No. of Station(s) listed:1 TOSCO CORPORATION FROM: Current Licensee: PHILLIPS COMMUNICATIONS INC. TOSCO CORPORATION E010234 SES-LIC-20010828-01627 SURESHOT TRANSMISSION, INC. Application for Authority Class of Station: Temporary Fixed Earth Station Nature of Service:Domestic Fixed Satellite Service SITE ID: 1 VARIOUS LOCATION: ANDREW 1 2.4 meters ANTENNA ID: ESA24SNG-LTE 76.55 dBW ANALOG VIDEO W/ASSOC. AUDIO SUBC. 14000.0000 - 14500.0000 MHz 36M0F8F 73.55 dBW ANALOG VIDEO W/ASSOC. AUDIO SUBC. 14000.0000 - 14500.0000 MHz 24M0F8F 65.10 dBW PSK DIGITAL VIDEO W/DIG. AUDIO/DATA 14000.0000 - 14500.0000 MHz 24M0G7F Points of Communication: 1 - ALSAT - (ALSAT) E010240 SES-LIC-20010831-01647 ECHOSTAR SATELLITE CORPORATION Application for Authority Class of Station: Fixed Earth Stations Page 1 of
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  • Communication: Page 2 of 10 1 ASI HUB - ALSAT - (ALSAT) 2 ASI HUB - ALSAT - (ALSAT) Application for Authority Class of Station: Temporary Fixed Earth Station METROVISION PRODUCTION GROUP, LLC E020151 SES-LIC-20020523-00876P Nature of Service:Domestic Fixed Satellite Service SITE ID: 1 508 WEST 24TH STREET, NEW YORK, NY, VARIOUS LOCATION: ANDREW 1 2.4 meters ANTENNA ID: ESA24SNG-LTE 76.55 dBW ANALOG VIDEO W/ASSOCIATED AUDIO SUBCARRIERS 14000.0000 - 14500.0000 MHz 36M0F8F 73.55 dBW ANALOG VIDEO W/ASSOCIATED AUDIO SUBCARRIERS 14000.0000 - 14500.0000 MHz 24M0F8F 62.24 dBW PSK DIGITAL VIDEO W/DIGITAL AUDIO/DATA 14000.0000 - 14500.0000 MHz 24M0G7F Points of Communication: 1 - ALSAT - (ALSAT) Application for Authority Class of Station: Fixed Earth Stations Waitt Radio Networks, L.L.C. E020157 SES-LIC-20020531-00927P Nature of
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  • COMMUNICATIONS CORP. E020190 SES-LIC-20020712-01138P Nature of Service:Domestic Fixed Satellite Service A new Ku-band temporary-fixed earth station application using PanAmsat 1 satellite @ 45 degree W.L., as point of communications to provide analog video, audio and digital services on a non-common carrier basis. SITE ID: 1 146 25 35TH AVE, QUEENS, FLUSHING, NY LOCATION: ANDREW 1 2.4 meters ANTENNA ID: ESA24SNG-LTE 76.55 dBW ANALOG VIDEO W/ASSOCIATED AUDIO SUBCARRIERS 14000.0000 - 14500.0000 MHz 36M0F8F 73.55 dBW ANALOG VIDEO W/ASSOCIATED AUDIO SUBCARRIERS 14000.0000 - 14500.0000 MHz 24M0F8F 62.24 dBW PSK DIGITAL VIDEO W/DIGITAL AUDIO/DATA 14000.0000 - 14500.0000 MHz 24M0G7F 11700.0000 - 12200.0000 MHz Points of Communication: 1 - ALSAT - (ALSAT) 1 - ANIK E1 - (118.7 W.L.) 1 - ANIK E2 - (111.1
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  • KPK 67.55 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 1M85G7D 57.88 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 1M85G7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 200KG7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 200KG7D VERTEX 2 12.1 meters ANTENNA ID: 13.1KPK 76.55 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 200KG7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 200KG7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 1M85G7D Page 6 of 13 DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 200KG7D Points of Communication: 1 -
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  • Data Carrier 14000.0000 - 14500.0000 MHz 1M85G7D 57.88 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 1M85G7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 200KG7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 200KG7D Page 12 of 19 VERTEX 2 12.1 meters ANTENNA ID: 13.1KPK 76.55 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 200KG7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 200KG7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 200KG7D Points of Communication: 1 - ALSAT - (ALSAT) 1
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  • SES-MOD-20040714-00996E Class of Station: Fixed Earth Stations Application for Modification Nature of Service:Domestic Fixed Satellite Service "MOD" to change from Ku to C-band. 29 ° 35 ' 54.00 " N LAT. SITE ID: 1 4400 SOUTH SAM HOUSTON PARKWAY EAST, HARRIS, HOUSTON, TX 95 ° 20 ' 50.00 " W LONG. LOCATION: ANDREW 1 7.6 meters ANTENNA ID: 7.6 ESA 76.55 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 200KG7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 200KG7D Points of Communication: 1 - ALSAT - (ALSAT) DENVER EDUCATIONAL BROADCASTING, INC. E040297 SES-REG-20040712-00976E Class of Station: Fixed Earth Stations Registration Nature of Service:Domestic Fixed
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  • Stations Grant of Authority 10/14/2003 - 10/14/2018 Application for Modification Nature of Service:Domestic Fixed Satellite Service "MOD" to change from Ku to C-band. 29 ° 35 ' 54.00 " N LAT. SITE ID: 1 4400 SOUTH SAM HOUSTON PARKWAY EAST, HARRIS, HOUSTON, TX 95 ° 20 ' 50.00 " W LONG. LOCATION: ANDREW 1 7.6 meters ANTENNA ID: 7.6 ESA 76.55 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 200KG7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 200KG7D Points of Communication: 1 - ALSAT - (ALSAT) Page 36 of 40 DENVER EDUCATIONAL BROADCASTING, INC. E040297 SES-REG-20040712-00976E Date Effective: 08/30/2004 Class of Station: Fixed
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  • receive frequencies. The earth stations will continue to provide analog and digital video services. 25 ° 46 ' 59.40 " N LAT. SITE ID: 1 6505 BLUE LAGOON DRIVE, DADE, MIAMI, FL 80 ° 18 ' 15.20 " W LONG. LOCATION: VERTEX CORPORATIONS 1 7.2 meters ANTENNA ID: 7.2KPC 75.58 dBW 6205.0000 - 6232.0000 MHz 24M0G7F Page 8 of 16 76.55 dBW 6087.0000 - 6123.0000 MHz 30M0G7F 3980.0000 - 4007.0000 MHz 24M0G7F 3862.0000 - 3898.0000 MHz 30M0G7F 73.60 dBW DIGITAL AUDIO AND VIDEO 6332.0000 - 6425.0000 MHz 15M0G7W- 73.60 dBW DIGITAL AUDIO AND VIDEO 6080.0000 - 6205.0000 MHz 15M0G7W- 76.20 dBW DIGITAL AUDIO AND VIDEO 6080.0000 - 6205.0000 MHz 27M0G7W 73.60 dBW DIGITAL AUDIO AND VIDEO 5925.0000 - 5988.0000 MHz 15M0G7W-
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  • existing licensed transmit and receive frequencies. The earth stations will continue to provide analog and digital video services. 25 ° 46 ' 59.40 " N LAT. SITE ID: 1 6505 BLUE LAGOON DRIVE, DADE, MIAMI, FL 80 ° 18 ' 15.20 " W LONG. LOCATION: VERTEX CORPORATIONS 1 7.2 meters ANTENNA ID: 7.2KPC 75.58 dBW 6205.0000 - 6232.0000 MHz 24M0G7F 76.55 dBW 6087.0000 - 6123.0000 MHz 30M0G7F 3980.0000 - 4007.0000 MHz 24M0G7F 3862.0000 - 3898.0000 MHz 30M0G7F 73.60 dBW DIGITAL AUDIO AND VIDEO 6332.0000 - 6425.0000 MHz 15M0G7W- 73.60 dBW DIGITAL AUDIO AND VIDEO 6080.0000 - 6205.0000 MHz 15M0G7W- 76.20 dBW DIGITAL AUDIO AND VIDEO 6080.0000 - 6205.0000 MHz 27M0G7W Page 4 of 18 73.60 dBW DIGITAL AUDIO AND VIDEO 5925.0000
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  • Data Carrier 14000.0000 - 14500.0000 MHz 1M85G7D 57.88 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 200KG7D Page 8 of 13 Digital Data Carrier 11450.0000 - 12200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 200KG7D VERTEX 12.1M 12.1 meters ANTENNA ID: 13.1KPK 76.55 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 200KG7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 200KG7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 200KG7D ViaSat 6.1M 6.1 meters ANTENNA ID: 8060 69.95 dBW
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  • KPK 67.55 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 1M85G7D 57.88 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 200KG7D VERTEX 12.1M 12.1 meters ANTENNA ID: 13.1KPK 76.55 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 200KG7D Page 5 of 15 DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 200KG7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 200KG7D ViaSat 6.1M 6.1 meters ANTENNA
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  • by the Satellite Home Viewer Extension and Reauthorization Act on Rules Affecting Competition in the Television Marketplace, 20 FCC Rcd 1572 (2005) (Public Notice). The Appendix lists the commenters in this proceeding and the acronyms used to refer to them. See Communications Act of 1934, as amended (``Communications Act''), 47 U.S.C. §§ 325, 338-40, 534-35, 543, 548; 47 C.F.R § 76.55-62 (cable must carry); 47 C.F.R. § 76.64 (cable retransmission consent); 47 C.F.R. § 76.66 (DBS signal carriage). Copyright Act of 1976 (``Copyright Act''), 17 U.S.C. §§ 111, 119, 122. 47 C.F.R. § 76.92-76.95 (cable network non-duplication); 47 C.F.R. § 76.101-110 (cable syndicated exclusivity); 47 C.F.R. § 76.111 (cable sports blackout); 47 C.F.R. § 76.120 (satellite definitions related to exclusivity); 47
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  • 48,421 37,531 6,932 14.32 Qwest - Nebraska NE 55,930 27,466 28,459 50.88 Sprint - Centel of Nevada NV 59,097 (5,873) 64,970 109.94 Verizon - Contel Nevada NV 5,328 1,472 3,856 72.37 SBC - Nevada Bell NV 12,890 (5,165) 17,659 137.00 Verizon - New England - New Hampshire NH 35,223 11,623 23,610 67.03 Verizon - New Jersey NJ 345,326 80,926 264,350 76.55 Sprint - United Telephone Company of New Jersey NJ 33,973 2,718 31,253 91.99 Subject to 11 - 11 Table 11.5 Net Income - Continued ($000) - 2004 Study Area State Percent Code Separations Intrastate Interstate Interstate Qwest - New Mexico NM 94,369 36,492 57,838 61.29 % Valor - New Mexico 1 NM 7,977 3,967 4,010 50.27 Valor - New Mexico
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  • 48,421 37,531 6,932 14.32 Qwest - Nebraska NE 55,930 27,466 28,459 50.88 Sprint - Centel of Nevada NV 59,097 (5,873) 64,970 109.94 Verizon - Contel Nevada NV 5,328 1,472 3,856 72.37 SBC - Nevada Bell NV 12,890 (5,165) 17,659 137.00 Verizon - New England - New Hampshire NH 35,223 11,623 23,610 67.03 Verizon - New Jersey NJ 345,326 80,926 264,350 76.55 Sprint - United Telephone Company of New Jersey NJ 33,973 2,718 31,253 91.99 Subject to 11 - 11 Table 11.5 Net Income - Continued ($000) - 2004 Study Area State Percent Code Separations Intrastate Interstate Interstate Qwest - New Mexico NM 94,369 36,492 57,838 61.29 % Valor - New Mexico 1 NM 7,977 3,967 4,010 50.27 Valor - New Mexico
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  • Station: Fixed Earth Stations Application for Modification CapRock Communications, Inc. Nature of Service:Fixed Satellite Service Page 9 of 12 "MOD" to add antenna. 29 ° 35 ' 54.00 " N LAT. SITE ID: 1 4400 SOUTH SAM HOUSTON PARKWAY EAST, HARRIS, HOUSTON, TX 95 ° 20 ' 50.00 " W LONG. LOCATION: ANDREW 1 7.6 meters ANTENNA ID: 7.6 ESA 76.55 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 200KG7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 200KG7D SEATEL 2 2.4 meters ANTENNA ID: 9797 46.33 dBW DIGITAL 5925.0000 - 6425.0000 MHz 1M43G7W DIGITAL 3700.0000 - 4200.0000 MHz 1M43G7W Points of Communication: 1
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  • Class of Station: Fixed Earth Stations Grant of Authority 10/14/2003 - 10/14/2018 Application for Modification CapRock Communications, Inc. Nature of Service:Fixed Satellite Service 29 ° 35 ' 54.00 " N LAT. SITE ID: 1 4400 SOUTH SAM HOUSTON PARKWAY EAST, HARRIS, HOUSTON, TX 95 ° 20 ' 50.00 " W LONG. LOCATION: ANDREW 1 7.6 meters ANTENNA ID: 7.6 ESA 76.55 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 200KG7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 200KG7D SEATEL 2 2.4 meters ANTENNA ID: 9797 46.33 dBW DIGITAL 5925.0000 - 6425.0000 MHz 1M43G7W DIGITAL 3700.0000 - 4200.0000 MHz 1M43G7W Points of Communication: 1
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  • KPK 67.55 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 1M85G7D 57.88 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 1M85G7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 200KG7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 200KG7D VERTEX 12.1M 12.1 meters ANTENNA ID: 13.1KPK 76.55 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 200KG7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 200KG7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 200KG7D ViaSat 6.1M 6.1 meters ANTENNA ID: 8060 69.95 dBW
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  • Data Carrier 14000.0000 - 14500.0000 MHz 1M85G7D 57.88 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 1M85G7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 200KG7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 1M85G7D Page 5 of 9 Digital Data Carrier 10950.0000 - 11200.0000 MHz 200KG7D VERTEX 12.1M 12.1 meters ANTENNA ID: 13.1KPK 76.55 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 200KG7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 200KG7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 200KG7D ViaSat 6.1M 6.1 meters ANTENNA ID: 8060 69.95 dBW
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  • 4.5 meter antenna, to add new emission designator and related services, and to add SatMex 6 satellite as a new point of communication. 29 ° 35 ' 54.00 " N LAT. SITE ID: 1 4400 SOUTH SAM HOUSTON PARKWAY EAST, HARRIS, HOUSTON, TX 95 ° 20 ' 50.00 " W LONG. LOCATION: ANDREW 1 7.6 meters ANTENNA ID: 7.6 ESA 76.55 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 200KG7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 200KG7D SEATEL 2 2.4 meters ANTENNA ID: 9797 46.33 dBW DIGITAL 5925.0000 - 6425.0000 MHz 1M43G7W DIGITAL 3700.0000 - 4200.0000 MHz 1M43G7W ANDREW 3 4.5 meters
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  • 02/17/2009 Class of Station: Fixed Earth Stations Grant of Authority 10/14/2003 - 10/14/2018 Modification CapRock Communications, Inc. Nature of Service: Fixed Satellite Service 29 ° 35 ' 54.00 " N LAT. SITE ID: 1 4400 SOUTH SAM HOUSTON PARKWAY EAST, HARRIS, HOUSTON, TX 95 ° 20 ' 50.00 " W LONG. LOCATION: ANDREW 1 7.6 meters ANTENNA ID: 7.6 ESA 76.55 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 5925.0000 - 6425.0000 MHz 200KG7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 3700.0000 - 4200.0000 MHz 200KG7D SEATEL 2 2.4 meters ANTENNA ID: 9797 46.33 dBW DIGITAL 5925.0000 - 6425.0000 MHz 1M43G7W DIGITAL 3700.0000 - 4200.0000 MHz 1M43G7W ANDREW 3 4.5 meters
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291539A1.pdf
  • by regulation or order using, where available, 23 commercial publications which delineate television markets based 24 on viewing patterns." Id. § 534(h)(1)(C)(i). Currently, the 4 1 Commission relies on the commercial publications of Nielsen Media 2 Research that divide the nation into a series of coterminous 3 geographic "Designated Market Areas" ("DMAs") based on viewership 4 patterns. 47 C.F.R. § 76.55(e)(2). For example, the New York 5 City DMA contains not only the five boroughs of the city, but 6 also neighboring areas of Long Island, Connecticut, New Jersey, 7 and upstate New York, as well as limited areas of Pennsylvania, 8 because people in those areas, in the aggregate, watch the same 9 television channels. 10 The upshot of the
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  • Data Carrier 14000.0000 - 14500.0000 MHz 1M85G7D 57.88 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 1M85G7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 200KG7D Page 2 of 5 Digital Data Carrier 10950.0000 - 11200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 200KG7D VERTEX 12.1M 12.1 meters ANTENNA ID: 13.1KPK 76.55 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 200KG7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 200KG7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 200KG7D DIGITAL 11450.0000 - 12200.0000 MHz 3M30G7W DIGITAL 11450.0000 -
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  • KPK 67.55 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 1M85G7D 57.88 dBW Digital Data Carrier 14000.0000 - 14500.0000 MHz 200KG7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 1M85G7D Digital Data Carrier 11450.0000 - 12200.0000 MHz 200KG7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 1M85G7D Digital Data Carrier 10950.0000 - 11200.0000 MHz 200KG7D VERTEX 12.1M 12.1 meters ANTENNA ID: 13.1KPK 76.55 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 1M85G7D 66.88 dBW DIGITAL DATA CARRIER 14000.0000 - 14500.0000 MHz 200KG7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 11450.0000 - 12200.0000 MHz 200KG7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 1M85G7D DIGITAL DATA CARRIER 10950.0000 - 11200.0000 MHz 200KG7D DIGITAL 11450.0000 - 12200.0000 MHz 3M30G7W DIGITAL 11450.0000 -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • Committee on Energy and Commerce of the House of Representatives, 102nd Cong. 753 (1991). 8 According to a study by the Industry Analysis Division of the Media Bureau in connection with this Report, discussed more fully, supra, at Chapter 3, Television. 9 See 47 C.F.R. § 76.56(b)(2) (smaller systems are required to carry fewer channels). See also 47 C.F.R. § 76.55(c), (e). A Designated Market Area or DMA is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. Essen- tially, each county in the United States is allocated to a market based on which home-market stations receive a preponderance of total viewing hours in the county. For purposes of this calculation, both over-the-air
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  • that a broadcast signal is not required to be deleted by a cable operator when the cable community unit falls, in whole or in part, within that signal's Grade B contour. No comments were received on this issue in this proceeding. 47 C.F.R. § 76.92(b). See Notice at 15 FCC Rcd at 443. DirecTV Comments at 13. 47 C.F.R. § 76.55(a)-(b). 47 C.F.R. § 76.56. § 615(f) added to the Communications Act by Section 5 of the 1992 Cable Act. See also Implementation of the Cable Television Consumer & Competition Act of 1992, Broadcast Signal Carriage Issues, Report and Order, 8 FCC Rcd 2965, 2969, n. 33 (1993). Cable Television Consumer Protection & Competition Act of 1992, Pub. L. No. 102-385,
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  • information available to it in considering whether the change sought by the petition reflects the reality of the market affected. The station's assignment is then made available in Nielsen's Directory of Stations publication. See Definitions of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999). Notice, 15 FCC Rcd at 12155; 47 C.F.R. §76.55(e)(2). Notice, 15 FCC Rcd at 12155. 47 C.F.R. §76.55(e)(2)(i). BellSouth Comments at 13 (Commission has the discretion to choose the Nielsen 1999-2000 DMA definition or any subsequently published definition). ALTV Comments at 44; NCTA Comments at 5. NAB Comments at 4-5. For the second retransmission consent/mandatory carriage election commencing on January 1, 2006, for which elections must be made by
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  • a GSO receiver. In the First R&O, we concluded that NGSO FSS gateway stations could use existing coordination procedures in Part 101 of our rules in bands shared with point-to-point FS operations. In the 12.2-12.7 GHz band, however, numerous NGSO FSS user terminals would be operating, making the use of the existing Part 101 coordination procedures impracticable. 47 U.S.C. § 76.55(e) requires that a commercial broadcast television station's market shall be defined by Nielsen Media Research's designated market areas (``DMAs''). See Definition of Markets for Purposes of the Cable Television, Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, CS Docket No. 95-178, 14 FCC Rcd 8366 (1999) (Market Modification Final Report and Order). Id. Nielsen Media Research,
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  • rights. Low power television (LPTV) stations may also qualify for must carry status where the number of full power stations demanding carriage is insufficient to fill the channels set aside by cable operators for mandatory carriage purposes. In order for an LPTV station to be qualified as a must carry station, it must meet the criteria set forth in Section 76.55(d) of the Commission's rules. Among other provisions, Section 76.55(d) grants must carry rights to an LPTV station only where the station's community of license and the cable operator's franchise area both are located outside of the 160 largest Metropolitan Statistical Areas (``MSAs'') as of June 30, 1990. . On February 27, 1997, WSPY-LP filed a must carry complaint against TCI-I
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  • the signal of one qualified local noncommercial educational station; (2) 13-36 usable activated channels are required to carry no more than three qualified local noncommercial educational stations; and (3) more than 36 usable activated channels shall carry at least three qualified local noncommercial educational stations. See 47 U.S.C. §535(b) and (e); 47 C.F.R. §76.56(a). See 47 U.S.C. §534(h)(2); 47 C.F.R. §76.55(d). 47 U.S.C. §325(b)(1). 47 U.S.C. §§325(b)(1)(A),(B). 47 U.S.C. §325(b)(3)(B). Ouray Cablevision in rural Colorado ceased cable service and provided each of its 1,000 customers satellite service through EchoStar. See John Higgins, Switching to Satellite TV, Broadcasting & Cable, July 17, 2000, at 26. See Linda Moss, Eking Out a Living, Multichannel News, August 7, 2000, at 54. SBCA Comments in
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  • 1.115 of the Commission's rules, 47 C.F.R. § 1.115, that the captioned application for review IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 10 FCC Rcd 4998 (CSB 1995). 47 U.S.C. § 534(h)(1)(C)(i ). 47 U.S.C. § 534(h)(1)(C)(ii). Diversified Opposition at 4, citing Bureau Order, 10 FCC Rcd at 5001. At the time the Bureau Order was released, Section 76.55(e) of the Commission's rules provided that ADIs to be used for purposes of the initial implementation of the mandatory carriage rules would be those published in Arbitron's 1991-1992 Television Market Guide. That rule was amended in 1999 to require that commercial broadcast television station markets be defined by Nielsen Media Research's designated market areas (``DMAs''). See 47 C.F.R § 76.55(e);
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  • Bureau Order found these three communities to be part of WGGN-TV's market, declined to delete those communities from WGGN-TV's market, and ordered Christian to carry WGGN-TV in those communities. Bureau Order, 11 FCC Rcd at 18042-44. These aspects of the Bureau Order are not at issue here. Cablevision Opposition at 8. At the time the Bureau Order was released, Section 76.55(e) of the Commission's rules provided that ADIs to be used for purposes of the initial implementation of the mandatory carriage rules would be those published in Arbitron's 1991-1992 Television Market Guide. That rule was amended in 1999 to require that commercial broadcast television station markets be defined by Nielsen Media Research's designated market areas (``DMAs''). See 47 C.F.R § 76.55(e);
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  • the signal of one qualified local noncommercial educational station; (2) 13-36 usable activated channels are required to carry no more than three qualified local noncommercial educational stations; and (3) more than 36 usable activated channels shall carry at least three qualified local noncommercial educational stations. See 47 U.S.C. §535(b) and (e); 47 C.F.R. §76.56(a). See 47 U.S.C. §534(h)(2); 47 C.F.R. §76.55(d). 47 U.S.C. §§534(b)(1)(A) and (h)(2); 47 C.F.R. §76.56(b)(1) and (b)(4)(i). See 47 U.S.C. §534(b)(7); 47 U.S.C. §535(h). See 47 U.S.C. §534(b)(6); 47 U.S.C. §535(g)(5). See 47 U.S.C. §534(b)(4)(A); 47 U.S.C. §535(g)(2). See 47 U.S.C. §534(b)(5); 47 U.S.C. §535(b)(3)(C). See 47 U.S.C. §534(b)(3)(A); 47 U.S.C. §535(g). See 47 U.S.C. §§534(d) and 535(j). See also 47 C.F.R. §76.61. See 47 U.S.C. §534(h)(1)(C).
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  • 534(h)(1)(C), and Section 1.115 of the Commission's rules, 47 C.F.R. § 1.115, the captioned application for review IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary RCN Telecom Services of Pennsylvania, Inc., 12 FCC Rcd 19700 (CSB 1997) (herein "Bureau Order"). See 47 U.S.C. § 534(h)(1)(C)(i). See 47 U.S.C. § 534(h)(1)(C)(ii). At the time the Bureau Order was released, Section 76.55(e) of the Commission's rules provided that ADIs to be used for purposes of the initial implementation of the mandatory carriage rules would be those published in Arbitron's 1991-1992 Television Market Guide. That rule was amended in 1999 to require that commercial broadcast television station markets be defined by Nielsen Media Research's designated market areas (``DMAs''). See 47 C.F.R § 76.55(e);
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  • operator's principal headend, and will provide the necessary conversion equipment to the cable system. WHDT states that if its signal is carried in an analog format, it should be done in a manner consistent with the channel positioning requirements in Section 76.57 of the Commission's rules. WHDT also states that the signal strength requirements for analog television signals, under Section 76.55(c)(3), should be applied in this case. Ripeness for Review 8. Several cable programmers argue that WHDT's petition is not ripe for review by the Commission. They assert that WHDT's petition is premature for three reasons: (1) the station is not currently on-the-air; (2) WHDT has not made requests for carriage on local cable systems; and (3) the Commission has not
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  • Congress did not define specific signal levels that local stations must deliver to satellite carriers, and apparently left that determination to the Commission. In determining what constitutes a ``good quality signal,'' as that term is used in Section 338, the Commission, in the Report and Order, found that the signal quality parameters under Section 614 of the Act and Section 76.55 of the Commission's cable regulations were appropriate in the satellite carriage context. The Commission noted that, under the current cable carriage regime, television broadcast stations must deliver either a signal level of -45dBm for UHF signals or -49dBm for VHF signals at the input terminals of the signal processing equipment, to be considered eligible for carriage. The Commission determined that
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  • 1.115, that the captioned application for review IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Ortiz also filed a Supplement to its Application for Review. 47 C.F.R. §§ 76.7(a) and 76.59(a). See Bureau Order, 12 FCC Rcd 21932, at n. 2. See 47 U.S.C. §534(h)(1)(C)(i). See 47 U.S.C. § 534(h)(1)(C)(ii). At the time the Bureau Order was released, Section 76.55(e) of the Commission's rules provided that ADIs to be used for purposes of the initial implementation of the mandatory carriage rules would be those published in Arbitron's 1991-1992 Television Market Guide. That rule was amended in 1999 to require that commercial broadcast television station markets be defined by Nielsen Media Research's designated market areas (``DMAs''). See 47 C.F.R. § 76.55(e);
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  • the Bureau Order excluded the Communities served by Armstrong from WGGN-TV's market, and consequently WGGN-TV was no longer qualified as a "local commercial television station" for must carry purposes with respect to Armstrong's cable system. Accordingly, the Bureau Order vacated the earlier Carriage Order. Bureau Order, 12 FCC Rcd at 2506-2507. At the time the Bureau Order was released, Section 76.55(e) of the Commission's rules provided that ADIs to be used for purposes of the initial implementation of the mandatory carriage rules would be those published in Arbitron's 1991-1992 Television Market Guide. That rule was amended in 1999 to require that commercial broadcast television station markets be defined by Nielsen Media Research's designated market areas (``DMAs''). See 47 C.F.R § 76.55(e);
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  • Order"), allow for the carriage of low power television (LPTV) stations in situations where there are insufficient full power local commercial television stations to fill the channels set aside by cable operators for mandatory must carry purposes. In order for an LPTV station to be qualified as a must carry station it must meet the criteria set forth under Section 76.55(d) of the Commission's rules. . WYKE-LP filed a must carry complaint against Century for that cable system's refusal to carry the station. In that proceeding, WYKE-LP alleged that it met all of the criteria to be considered a qualified LPTV station, but Century proved through signal strength tests, conducted according to Commission criteria, that the station failed to provide a
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  • (2000)(``Bureau Order''). 8 FCC Rcd 2965, 2976-2977 (1993). 47 U.S.C. §534(b)(6); 47 C.F.R. §76.57. 47 U.S.C. §534(b)(6); 47 C.F.R. §76.57(a). 47 U.S.C. §534(b)(6); 47 C.F.R. §76.57(c). See Sonshine Family Television, Inc. v. RCN Telecom Services of Pennsylvania, 13 FCC Rcd 10323 (1998). 15 FCC Rcd 3308 (2000)(``WXTV Reconsideration''). Petition for Review at 2. 47 U.S.C. §534(b)(7)(A)(i). See also 47 C.F.R. §76.55(c). Petition for Review at 2. Id. at 3. Id. As part of this process, the 6 MHz of bandwidth previously associated with analog channel 48 was converted to 8 channels of digital programming associated with the STARZ! cable network. See Greater Dayton Public Television v. TCI Cablevision of Ohio, 10 FCC Rcd 1048, 1049 (1995). Id. Opposition to Complaint at
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  • C.F.R. §§ 76.7(a) and 76.59(a). See 47 U.S.C. §534(h)(1)(C)(i). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. §534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide, ``be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. For the must-carry/retransmission consent elections that took place on
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  • the must-carry/retransmission consent elections that took place on October 1, 1999, commercial television stations were required to make their elections based on DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules (``Order on Reconsideration''), and Modification Final Report and Order, 14 FCC Rcd 8366 (1999) (Second Report and Order). Effective January 1, 2000, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. Harron, 12 FCC Rcd at 22001. See Paxson Application for Review at 9-14. Id. Id. at 14. See Harron Opposition at 4-7. 12 FCC Rcd 12262 (1997). 163 F. 3d 137 (2d Cir. 1998). Harron, 12 FCC Rcd at 22001. H.R. Rep. 102-628, 102d
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  • Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 155(c), 405, 534(h)(1)(C). FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Section 614(h)(1)(C) of the Communications Act provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''). Prior to the changes instituted by the Modification Final Report and Order, which were effective as of the January 1, 2000,
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  • Appendix B, Table B-1. The analytical approach of the DOJ/FTC Merger Guidelines ``begins with a focus on consumers. Whether a proposed merger or acquisition is anticompetitive is determined in part by asking what alternatives are, or would be, available to customers in the event that prices increase or service deteriorates.'' Fox Comments, Owen Statement at 2-3. See 47 C.F.R. § 76.55(b)-(e) (defining local noncommercial educational television station, local commercial television station and television market for purposes of signal carriage obligations); 47 C.F.R. § 76.56 (signal carriage obligations). Randy Falco, President of NBC Television Network, argues that broadcasters have large sunk costs in programming and ownership of multiple stations at the local level enables broadcasters to amortize programming costs across more platforms.
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  • and May 5, 2003, respectively. See Definition of Markets for Purposes of the Cable Television, Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, CS Docket No. 95-178, 14 FCC Rcd 8366, 8372 (1999). See 17 U.S.C. § 111; 37 C.F.R. § 201.17 (establishing a royalty-free copyright linked to cable must-carry area); cf. also 47 C.F.R. § 76.55(e) (the default must-carry market is DMA-based). We note that MVDDS does not have must-carry obligations. Genaracorp, LLC Reply Comments at 2-3 (filed May 5, 2003) (Genaracorp Reply); Northpoint Technology, Ltd. Comments at 3 (filed Apr. 28, 2003) (Northpoint Comments). Northpoint Comments at 2, 6; Genaracorp Reply at 2. The definition of ``cable system'' as found in 17 U.S.C. § 111(f)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-152A1_Erratum.doc
  • and May 5, 2003, respectively. See Definition of Markets for Purposes of the Cable Television, Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, CS Docket No. 95-178, 14 FCC Rcd 8366, 8372 (1999). See 17 U.S.C. § 111; 37 C.F.R. § 201.17 (establishing a royalty-free copyright linked to cable must-carry area); cf. also 47 C.F.R. § 76.55(e) (the default must-carry market is DMA-based). We note that MVDDS does not have must-carry obligations. Genaracorp, LLC Reply Comments at 2-3 (filed May 5, 2003) (Genaracorp Reply); Northpoint Technology, Ltd. Comments at 3 (filed Apr. 28, 2003) (Northpoint Comments). Northpoint Comments at 2, 6; Genaracorp Reply at 2. The definition of ``cable system'' as found in 17 U.S.C. § 111(f)
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  • historical carriage on neighboring cable systems. 8 FCC Rcd 2965, 2976-77 (1993). Section 614(H)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999). 47 U.S.C. § 534(h)(1)(C). Id. 13 FCC Rcd 22331 (1998) (``Diversified''). In its request for market modification in
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  • this proceeding. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. § 534(h)(1)(C). Until January 1, 2000, Section 76.55(e) of the Commission's rules provided that Arbitron's ``Areas of Dominant Influence,'' or ADIs, published in the 1991-1992 Television Market Guide,'' be used to implement the mandatory carriage rules. Effective January 1, 2000, however, Section 76.55(e) now requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e). For the must-carry/retransmission consent elections
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  • §§ 151, 154(i), 155(c), 405, 534(h)(1)(C), and Section 1.115 of the Commission' s rules, 47 C.F.R. 1.115, that the captioned Application for Review IS DENIED. FEDERAL COMMUNICATION COMMISSION Marlene H. Dortch Secretary 12 FCC Rcd 12096 (CSB 1997). 2 See 47 U.S.C. § 534(h)(1)(C)(i). 3 See 47 U.S.C. § 534(h)(1)(C)(ii). 4 At the time the Bureau Order was released, Section 76.55(e) of the Commission's rules provided that Arbitron Areas of Dominant Influence (ADIs) be used for purposes of the mandatory carriage rules. That rule was amended in 1999 to require that commercial broadcast television station markets be defined by Nielsen Media Research's designated market areas (``DMAs'' ). See 47 C.F.R. § 76.55(e); see also Definition of Markets for Purposes of the
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  • seeking reconsideration of the Commission's decision denying its application for review of the former Cable Services Bureau's (the ``Bureau'') denial of WSPY-LP's must carry complaint against United Cablevision of Southern Illinois, Inc. d/b/a TCI of Illinois (``TCI-I''). WSPY-LP argues that the Commission should reverse its decision because it erred in holding that WSPY-LP does not meet the requirements of Section 76.55(d)(5) of the rules in that it did not fully consider the plain meaning of the statute pursuant to which the rule was promulgated. WSPY-LP also maintains that the Commission erred in holding that TCI-I did not violate the Commission's notification requirements prior to WSPY-LP being dropped by TCI-I. WSPY-LP asserts that the Commission's holding in this regard is inconsistent with
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  • Response of Northpoint Technology, Ltd., and Broadwave USA, Inc., to Petitions for Reconsideration of Second Report and Order at 3 (filed Sep. 3, 2002). See 17 U.S.C. § 111(f). First R&O, 16 FCC Rcd at 4202 ¶ 285. 17 U.S.C. § 111; 37 C.F.R. § 201.17 (establishing a royalty-free copyright linked to cable must-carry area); cf. also 47 C.F.R. § 76.55(e) (the default must-carry market is DMA-based). We note that MVDDS does not have must-carry obligations. See Letter from Helen E. Disenhaus, Counsel for MDS America, Inc., to Ms. Marlene H. Dortch, Secretary, Federal Communications Commission (Oct. 3, 2002 Notice of Ex Parte Meeting); Letters from Nancy Killien Spooner, Counsel for MDS America, Inc., to Ms. Marlene H. Dortch, Secretary, Federal
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  • every station in every market is required to be carried pursuant to mandatory carriage (e.g., if it does not provide a good quality signal to the headend; it substantially duplicates the signal of another television station in the market, or the cable system has reached its one-third channel capacity),See 47 U.S.C. §§ 534(b)(1), (5), 534(h)(1)(B)(iii), 535(e), (g)(4), 47 C.F.R. §§ 76.55(c)(3), 76.56(a), (b)(5) (for commercial and noncommercial television stations on cable); 47 U.S.C. §§ 338(b),(c), 47 C.F.R. § 76.66(g), (h) (for commercial and noncommercial television stations on satellite). Conference Report at 577. See 47 U.S.C. § 534(h)(1)(C). Cable and satellite mandatory carriage requirements for digital signals are the subject of a separate proceeding. Carriage of Digital Television Broadcast Signals, First Report
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  • systems with any number of channels. The number of systems with 36 or more activated channels would be somewhat less. 47 U.S.C. § 543(b)(8). See also 47 C.F.R. § 76.921. Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 U.S.C. §§ 614(b), 615(b); 47 C.F.R. § 76.56. 47 C.F.R. § 76.64(f). 47 C.F.R. § 76.56; see also 47 C.F.R. § 76.55(c) (definition of a qualified local commercial television stations). DTH services use satellites to deliver video programming directly to subscribers. HSD users employ relatively large dishes (4-8 feet in diameter) to receive programming. DBS uses relatively small receiving dishes (18-24 inches in diameter). See, e.g., 1995 Report, 11 FCC Rcd at 2080-85 ¶¶ 49-53; 1998 Report, 13 FCC Rcd 24323 ¶
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  • 154(i), 155(c), 405, 534(h)(1)(C), and Section 1.115 of the Commission's rules, 47 C.F.R. § 1.115, that the captioned application for review IS GRANTED, Frederick Cablevision IS HEREBY VACATED, and the petition for relief IS HEREBY DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 C.F.R. § 1.115. 16 FCC Rcd 5566 (CSB 2001) (``Frederick Cablevision''). 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's Designated Market Areas, or ``DMAs''. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (``Modification Final Report and Order''); 47 C.F.R. §76.55(e). A similar Area of Dominant Influence (``ADI'') concept, which applied
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  • an application for Class A status and that its call letters were now WLLS-CA. However, Commission records indicate that Schrecongost's application still is pending. See Larry L. Schrecongost v. TCI of Pennsylvania, Inc. et al., 12 FCC Rcd 13194 (1997) (``Complaint Order''), recon. denied, 16 FCC Rcd 20989 (2001) (``Bureau Order''). 47 U.S.C. § 534(a); see also 47 C.F.R. § 76.55(d)(6). 47 U.S.C. § 534(h)(2)(B). The Complaint Order originally listed the lead communities of eight TCI cable systems (one of which, Carrolltown, was withdrawn), seven Adelphia cable systems, one each for Summerville Cablevision and Commuter Cable, and three for Bethel Cable TV. Since the time of the original filing Adelphia has apparently obtained ownership of three of TCI's systems, as well
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  • www.fcc.gov/mb/2005. For the 2005 Report, we plan to use information provided in response to the survey along with comments provided in response to this Notice. 47 U.S.C. § 532(g). 2004 Report, 20 FCC Rcd at 2767 ¶ 20. 47 U.S.C. §§ 614(b), 615(b); 47 C.F.R. § 76.56. 47 C.F.R. § 76.64(f). 47 C.F.R. § 76.56; see also 47 C.F.R. § 76.55(c) (definition of a qualified local commercial television stations). 47 U.S.C. § 543(b)(8). See also 47 C.F.R. § 76.921. Pub. L. No. 102-385, 106 Stat. 1460 (1992). DTH services use satellites to deliver video programming directly to subscribers. HSD users employ relatively large dishes (4-8 feet in diameter) to receive programming. DBS uses relatively small receiving dishes (18-24 inches in diameter).
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  • be used. Objections to survey organizations or procedures shall be served on the party sponsoring the survey within twenty (20) days after receipt of such notice. * * * * * (e) Satellite carriers that intend to retransmit the signal of a significantly viewed television broadcast station to a subscriber located outside such station's local market, as defined by section 76.55(e), must provide written notice to all television broadcast stations that are assigned to the same local market as the intended subscriber at least 60 days before commencing retransmission of the significantly viewed station. Such satellite carriers must also provide the notifications described in section 76.66(d)(5)(i). Such written notice must be sent via certified mail, return receipt requested, to the address
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  • surveys used in compiling the above-referenced Appendix B: Provided, however, That such demonstration shall be based upon audience survey data for the first three years of the subject station's broadcast operations. (e) Satellite carriers that intend to retransmit the signal of a significantly viewed television broadcast station to a subscriber located outside such station's local market, as defined by section 76.55(e), must provide written notice to all television broadcast stations that are assigned to the same local market as the intended subscriber at least 60 days before commencing retransmission of the significantly viewed station. Such written notice must be sent via certified mail, return receipt requested, to the address for such station(s) as listed in the consolidated database maintained by the
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  • usable activated channels are required to carry no more than three qualified local noncommercial educational stations; and (3) more than 36 usable activated channels shall carry at least three qualified local noncommercial educational stations. See 47 U.S.C. §§ 535(b) and (e); 47 C.F.R. § 76.56(a). See 47 U.S.C. § 535(a). See 47 U.S.C. §§ 534(c)(1) and (h)(2); 47 C.F.R. § 76.55(d). A cable operator, however, cannot carry a low power television station in lieu of a full power television station. See 47 U.S.C. §§ 534(b)(1)(A) and (h)(2); 47 C.F.R. §§ 76.56(b)(1) and (b)(4)(i). 47 U.S.C. § 534(h)(2)(B). See 47 U.S.C. § 534(b)(7); 47 U.S.C. § 535(h). See 47 U.S.C. § 534(b)(6); 47 U.S.C. § 535(g)(5). See 47 U.S.C. § 534(b)(4)(A); 47
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  • cable systems with 36 or more channels are available to 86.3 percent of occupied households and no commenter in the proceeding provided any conflicting data relevant to the first prong of the test. Id. at 2515 ¶ 36. 47 U.S.C. §§ 614(b), 615(b); 47 C.F.R. § 76.56. 47 C.F.R. § 76.64(f). 47 C.F.R. § 76.56; see also 47 C.F.R. § 76.55(c) (definition of a qualified local commercial television station). See 2005 Report, 21 FCC Rcd at 2584-85 ¶¶ 177-182. 47 U.S.C. § 543(b)(8). See also 47 C.F.R. § 76.921. This provision permits subscribers to purchase programming offered on a per-channel or per-program basis without first subscribing to tiers, other than the basic service tier. It became fully effective on October 5,
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  • are trying to serve. For the sake of the people of Kingston, we hope we have not reached that point here. 47 C.F.R. § 1.115. WRNN License Company, LLC Petition for Modification of Television Market of Television Station WRNN-DT, Kingston, New York, Memorandum Opinion and Order, 21 FCC Rcd 5952 (MB 2006) (``WRNN-DT Modification Order''). 47 U.S.C. § 534(h)(1)(C). Section 76.55(e) of the Rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's Designated Market Areas, or ``DMAs''. See Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, Order on Reconsideration and Second Report and Order, 14 FCC Rcd 8366 (1999); 47 C.F.R. § 76.55(e). See MCI Telecommunications Corp. v. Pac. Northwest
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  • be punished by fine and/or imprisonment under 18 U.S.C. § 1001. We also emphasize that any false information provided to the Commission pursuant to the requirements set forth above may be similarly punished under 18 U.S.C. § 1621. 47 U.S.C. §§ 614(b), 615(b); 47 C.F.R. § 76.56. 47 C.F.R. § 76.64(f). 47 C.F.R. § 76.56; see also 47 C.F.R. § 76.55(c) (definition of a qualified local commercial television station). 47 C.F.R. § 76.971. 47 U.S.C. § 532(c)(4). 47 C.F.R. §§ 76.970-977. See Adelphia Order. Commenters argued that Comcast's and Time Warner's increased subscribership as a result of the transactions will allow them, either unilaterally or in concert with each other, to determine which programmers survive in the video marketplace. Id. at
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  • Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report & Order, 13 FCC Rcd 15691, 15692 ¶ 2 (1998). Id. at 15693, ¶ 3 (citing Main Studio R&O, 2 FCC Rcd at 3217-18). Id., 13 FCC Rcd 15694 ¶ 7; see 47 C.F.R. §73.1125. See supra note 37. See supra para. 26. See 47 C.F.R. §§76.55(cable); 76.66 (satellite). See 47 U.S.C. § 534 (local commercial television stations); 47 U.S.C. § 535 (noncommercial educational television stations); Implementation of the Cable Television Consumer Protection and Competition Act of 1992 Broadcast Signal Carriage Issues, Report and Order, 8 FCC Rcd 2965 (1993) (``Cable Must Carry Order''). See also Implementation of the Cable Television Consumer Protection and Competition Act of
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  • the operator and resolve any issues necessary to provide the signal in an alternative manner. Signal Quality Standard The Commission has previously established that, for cable companies, a ``good quality digital signal'' is one that provides a signal strength at the headend equal to -61 dBm. For purposes of clarity, we find that it is now advisable to adjust Section 76.55 of our rules to conform to these requirements established in 2001. Two broadcast commenters expressed concerns that stations could lose carriage rights for a full election cycle because of a temporary reduction in signal strength or area during their digital build-out. UNC proposes that the Commission impose an interim quality standard, presumably requiring lower signal strength to qualify. Norwell suggests
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  • We define ``broadcast'' for this Report as referring to ``over-the-air'' television stations using VHF and UHF radio spectrum, or, over-the-air radio stations using AM and FM spectrum. We define ``broadcast network,'' for this Report, as an organization that offers programs for transmission to affiliated broadcast stations for a substantial number of hours per week. See 47 U.S.C. §§ 73.3613(a)(1), 74.2, 76.55(f). We define ``syndicator'' for this Report as a person, other than a network, who obtains rights to a program or group of programs and makes them available to MVPDs or broadcast stations for transmission to the latters' consumers. We define ``local exchange carrier'' or ``LEC'' for purposes of this Report as any person that is engaged in the provision of
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  • ) ) CS Docket No. 98-120 Declaratory Order Adopted: September 24, 2008 Released: September 26, 2008 By the Commission: Table of Contents Heading Paragraph # I. introduction 1 II. background 3 III. discussion 11 A. Full-Power Carriage Elections 11 1. Effect of October 1, 2008 Elections 12 2. Channel Placement 14 B. Low Power Carriage Rights 17 1. Applicability of 76.55(d) to Low Power Digital Broadcasters 18 2. Petition for Declaratory Ruling of WKFK 22 IV. ordering clauses 23 introduction Pursuant to Section 614(b)(4)(B) of the Communications Act of 1934, as amended (the ``Act''), the Commission initiated this proceeding in 1998 to address the responsibilities of cable television operators with respect to carriage of digital broadcasters in light of the significant
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  • § 534(h)(2). The Commission's rules implementing this section state that a low-power station becomes qualified for mandatory carriage if the station conforms to the Commission's LPTV rules, broadcasts for at least the minimum number of hours required of commercial broadcast stations by the Commission, and adheres to certain Commission requirements regarding non-entertainment programming and equal employment opportunity. 47 C.F.R. § 76.55(d)(1), (2). However, an LPTV station will not be qualified unless the Commission determines that the provision of programming by such station would address local news and informational needs not being adequately served by full service television stations, because such full service stations are distant from the LPTV station's community of license. 47 C.F.R. § 76.55(d)(2). In addition, the LPTV station
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  • in which licensees would have the option of participating by contributing all or a portion of their stations' allocated spectrum. Comcast has agreed, subject to certain conditions, to continue to carry on its cable systems the programming of non-commercial educational television stations that have must-carry rights and that it currently carries, either pursuant to the signal carriage obligations under Section 76.55(a) of the Rules, or pursuant to a digital carriage agreement, in the event that the station opts to relinquish all of its spectrum in such an auction. Comcast's agreement to do so will provide the licensees of such stations an additional incentive to choose to participate in such auctions by enabling them to continue to provide programming to the public.
• http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • 13Nielsen's Designated Market Area ("DMA") construct will replace ADIs as the local market definition for must carry purposes as of January 1, 2000. See Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Rules, Report and Order and Further Notice of Proposed Rulemaking in CS Docket No. 95-178, 11 FCC Rcd 6201 (1996). See 47 C.F.R. §76.55(e). 14See 47 U.S.C. §573(c)(1)(B) and (c)(2); see also 47 C.F.R §76.1506 (broadca