FCC Web Documents citing 76.59

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • programming is the same as that of PTCB's other twenty five stations located in Texas and New Mexico, which precludes the findings of specific programming connection to those communities requested by PTCB. We therefore grant Brownwood's request. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended (47 U.S.C. §534(h) and §76.59), that the petition for special relief filed on behalf of Brownwood Cable Television Service, Inc. IS GRANTED, and the communities of Brownwood, Bangs, Baird, Clyde, Cross Plains, Rising Star, and Santa Anna, Texas ARE HEREBY EXCLUDED from the television market of television station KPCB, Snyder, Texas. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's
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  • be part of the Jacksonville-Brunswick, Florida DMA. While this does not negate WTXL-TV's must carry rights in the community of Live Oak, WTXL-TV would not be entitled to carriage on any other portion of the cable system. ORDERING CLAUSES 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-5579-A), filed by Media Venture Management, Inc. IS DENIED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C)
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  • expects to achieve mandatory carriage within the next few months. KRPV argues that the above information places a new perspective on KRPV's historical carriage in the Albuquerque market. KRPV asserts that the Bureau Order's reliance on Comcast's misinformation in this regard, as well as its outdated reliance on 1997 Nielsen information regarding viewership, makes Comcast's petition fatally defective under Section 76.59(c) of the Commission's rules and that Comcast's petition should be dismissed. KRPV states that both Comcast's petition and the Bureau Order gave significant weight to KRPV's lack of Grade B coverage and geographic distance and totally discounted KRPV's ability to deliver its signal via satellite. KRPV points out that in its Review of Commission's Regulations Governing Television Broadcasting, the Commission
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  • the procedural defects of its initial petition and should be dismissed on that account. WRNN-TV argues that the map provided by Cablevision in Exhibit 5 of its revised petition fails to indicate any of the subject cable communities other than, purportedly, the location of the Elizabeth and Hamilton cable systems' headends. WRNN-TV states that this is clearly insufficient, as Section 76.59(b)(1) of the rules requires the delineation of each relevant community. Should the Bureau consider the revised petition, however, WRNN-TV maintains that Cablevision provides no basis for the requested relief. WRNN-TV argues that as a regional news station, it is dedicated to local programming, including programming directed to the subject communities. WRNN-TV states that Cablevision's revised petition ignores the fact that
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  • 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 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 Rcd 15 2977 n. 139. 47 C.F.R. §76.59. The Longley-Rice model provides a more accurate representation of a station's technical coverage area because it takes into account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station
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  • carriage, and the absence of evidence indicating that KRPV provides local programming, we conclude that deletion of TCI's cable communities from KRPV's market for mandatory carriage purposes effectuates the purposes of Section 614 of the Communications Act. ORDERING CLAUSES 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-5654-A), filed by TCI Cablevision of New Mexico, Inc. IS GRANTED. IT IS FURTHER ORDERED, in view of our action herein, that the Cable Services Bureau's April 9, 2001 grant of KRPV's must carry complaint against TCI (CSR-5636-M) IS RESCINDED. These actions are taken pursuant to
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  • mandatory carriage purposes better effectuates the purposes of Section 614 of the Communications Act. Because of the action we take in this Order, the Bureau's previous decision granting WWDP's must carry complaint against Time Warner is rescinded. ORDERING CLAUSES 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 petition for special relief filed by Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable IS GRANTED. IT IS FURTHER ORDERED, in view of our action herein, that the Cable Services Bureau's February 14, 2001 grant of WWDP's must carry complaint against Time Warner (CSR-5611-M) IS RESCINDED. This action is taken pursuant
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  • absence of evidence indicating that WPXB provides sufficient local programming, we conclude that deletion of Time Warner's cable community from WPXB's market for mandatory carriage purposes better effectuates the purposes of Section 614 of the Communications Act. ORDERING CLAUSES 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 petition for special relief filed by Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable IS GRANTED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau Time Warner states that it also
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  • Complaint In view of our decision in the instant petition, the arguments raised by KRPA and Avenue Cable in reference to the above-described must carry complaint are now moot. As such, KRPA's must carry complaint is dismissed. ORDERING CLAUSES 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-5697-A), filed by Avenue TV Cable Service, Iinc. IS GRANTED. IT IS FURTHER ORDERED, in view of our action herein, that the must carry complaint (CSR-5713-M) filed by Rancho Palos Verdes Broadcasters, Inc. IS DISMISSED. These actions are taken pursuant to authority delegated by Section 0.321
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  • moot. Furthermore, we do not believe, based on the totality of the evidence presented, that the issuance of a forfeiture against Adelphia is warranted at this time. As such, WWDP's petition for show cause will be dismissed. ORDERING CLAUSES 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-5702-A), filed by Frontiersvision Operating Partners, L.P., d/b/a Adelphia Cable Communications IS GRANTED. IT IS FURTHER ORDERED, in view of our action herein, that the portion of the Cable Services Bureau's February 15, 2001 grant of WWDP's must carry complaint against Adelphia's Gloucester, Massachusetts cable system
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  • markets for purposes of WWDP''s cable carriage, a situation that appears to exceed the type of change contemplated under Section 614(h)(1)(C). Therefore, we find that a grant of WWDP's request would not be appropriate at this time. ordering clauses 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-5724-A), Norwell Television, LLC IS GRANTED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau While this pleading is outside of the normal pleading process, the information contained therein
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  • the communities requested for inclusion by WWDP are located in Massachusetts on the northeasternmost edge of the Providence market closest to the Boston DMA . Therefore, we find that a grant of WWDP's request would be appropriate. ORDERING CLAUSES 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-5727-A), filed by Norwell Television, LLC IS GRANTED. These actions are taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of
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  • view of our decision in the instant petition, the arguments raised by Prime Time and TCI in reference to the above-described must carry complaint are now moot. As such, Prime Time's must carry complaint is dismissed. ordering clauses 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-5623-A), filed by TCI Cablevision of New Mexico, Inc. IS GRANTED. IT IS FURTHER ORDERED, that the must carry complaint (CSR-5598-M) filed September 27, 2000, on behalf of Prime Time Christian Broadcasting, Inc. IS DISMISSED. These actions are taken pursuant to authority delegated by Section
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  • were required to make their elections based on DMAs specified by Nielsen's 1997-98 DMA Report. Nielsen's 1997-98 DMA Report also assigned Gillespie County to the Austin, Texas DMA. Gillespie County, and by extrapolation KBEJ-TV, are assigned to the Austin, Texas DMA. Accordingly, we will consider KBEJ-TV's and Time Warner's joint petition for modification of KBEJ-TV's television market pursuant to Section 76.59 of the Commission's rules. KBEJ-TV contends that, although it is a new station and has no history of carriage on the cable system at issue or information about audience ratings, it is nevertheless entitled to carriage as a local station on the cable system serving the cable communities. In support of its request, KBEJ-TV states that it: (1) provides at
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  • Complaint In view of our decision in the instant petition, the arguments raised by MetroCast and Norwell in reference to the above-described must carry complaint are now moot. As such, Norwell's must carry complaint is dismissed. ordering clauses 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-5638-A), filed by MetroCast Cablevision of New Hampshire, LLC IS GRANTED. IT IS FURTHER ORDERED, that the must carry complaints (CSR-5612M and CSR 5615M) filed October 26, 2000 and October 27, 2000 respectively, on behalf of Norwell Television, Inc. ARE DISMISSED. These actions are taken
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  • lack of specific programming service to these communities, we conclude that it is logical and consistent with the objective of Section 614 of the Communications Act to delete Adelphia's communities from WWTU's market for mandatory carriage purposes. ordering clauses 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-5609-A), filed by Adelphia Cable Partners, L.P. d/b/a Adelphia Cable Communications IS GRANTED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau Formerly WWFD-TV. Adelphia notes
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  • on geography and other information indicating a nexus between the community and the station, we conclude that the addition of Mount Vernon to WMFD's television market is consistent with the objectives of Section 614 of the Communications Act. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended (47 U.S.C. §534(h) and §76.59), that the petition for special relief filed on behalf of Mid-State Television, Inc. IS GRANTED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection 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
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  • be harmed because, as the closer of two network affiliates, it will generally have priority carriage rights over KNTV in the Monterey DMA. Therefore, based upon our analysis of the evidence presented, we grant KNTV's request for modification. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended (47 U.S.C. §534(h) and §76.59), that the petition for special relief filed on behalf of KNTV License, Inc. IS GRANTED. IT IS FURTHER ORDERED, that the community of Rio Vista (CUID #CA1576) is not included among those we are granting for inclusion. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection
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  • Delta County, and KKCO-TV provides locally-focused programming to the residents. This evidence demonstrates that the Delta County cable subscribers have a commonality of interest with the Grand Junction market and provides evidence of the scope of KKCO-TV's market. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended (47 U.S.C. §534(h) and §76.59), that the petition for special relief filed on behalf of Eagle II Broadcasting LLC IS GRANTED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau KKCO-TV states that these communities are served by AT&T Broadband & Internet Services/TCI Cablevision of
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  • Carry Complaint In view of our decision in the instant petition, the arguments raised by WYDN and Adelphia in reference to the above-described must carry complaint are now moot. As such, WYDN's must carry complaint is dismissed. ORDERING CLAUSES 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 petitions for special relief (CSR-5756-A), filed by Frontiersvision Operating Partners, L.P. and (CSR-5774-M), filed by filed by Martha's Vineyard Cablevision, L.P., Adelphia Cablevision Corporation, Chelsea Communications, LLC, and Adelphia Cablevision Associates, L.P. ARE GRANTED. IT IS FURTHER ORDERED, that the must carry complaint filed by Educational Public TV Corporation (CSR-5779-M)
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  • that the station carries programming of interest specifically to the TWC Communities, we conclude that deletion of the TWC Communities from WWRS-TV's market for mandatory carriage purposes reflects the purposes of Section 614 of the Communications Act. ORDERING CLAUSES 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), the captioned petition for special relief (CSR-5835-A) filed by Time Warner Cable IS GRANTED. This action is taken by the Deputy Chief, Policy Division, Media Bureau, 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 8 FCC Rcd 2965,
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  • Must Carry Complaint In view of our decision in the instant petition, the arguments raised by Paxson and Metrocast in reference to the above described must carry complaint are moot. As such, Paxson's must carry complaint is dismissed. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended (47 U.S.C. §534(h) and §76.59), that the petition for special relief filed on behalf of Metrocast Cablevision of New Hampshire, LLC IS GRANTED, and the communities of Sanford, Shapleigh, and Acton, Maine, ARE HEREBY EXCLUDED from the television market of television station WMPX, Waterville, Maine. IT IS FURTHER ORDERED, pursuant to authority delegated by Section 0.283 of the Commission's rules, that the complaint of Paxson
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  • local service to the Comcast Communities, we conclude that deletion of the Comcast Communities from KPTF-TV's market for mandatory carriage purposes fulfills the purposes of Section 614 of the Communications Act. We thus grant Comcast's modification request. ORDERING CLAUSES 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), the captioned petition for special relief (CSR-5868-A) filed by Comcast Cablevision Corporation, LLC IS GRANTED. This action is taken by the Chief, Policy Division, Media Bureau, pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Mary Beth Murphy Chief, Policy Division Media Bureau PTCB filed a Rebuttal to
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  • balance between the Providence and Boston television markets by granting WWDP widespread carriage throughout the Providence market. Our action today, however, does not have a similar result. For all the reasons discussed above, we grant WWDP's request. ORDERING CLAUSES 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-5873-A), filed by Norwell Television, LLC IS GRANTED. These actions are 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 WWDP listed Bristol County as a whole as part of its request,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 02-2147 September 5, 2002 MEDIA BUREAU ACTION Correction to Section 76.59 Rules Pertaining to Definitions of Markets 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 76.59 as a final rule for definition of markets for cable television broadcast
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  • currently carried by the cable operator, we conclude that deletion of the Cox communities from KFPH's market for mandatory carriage purposes fulfills the purposes of Section 614 of the Communications Act. We thus grant Cox's modification request. ORDERING CLAUSES 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-5887-A) filed by CoxCom, Inc. IS GRANTED. This action is taken by the Chief, Policy Division, Media Bureau, pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Mary Beth Murphy Chief, Policy Division Media Bureau The cable communities at issue are
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  • Must Carry Complaint In view of our decision regarding the market modification request, the arguments raised by Paxson and Time Warner in reference to Paxson's must carry complaint are moot. As such, Paxson's must carry complaint is dismissed. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended (47 U.S.C. §534(h) and §76.59), that the petition for special relief filed on behalf of Time Warner IS GRANTED, and the communities of Berlin, Gorham, Lancaster, Dalton, Groveton, Northumberland, and Whitefield, New Hampshire ARE HEREBY EXCLUDED from the television market of television station WMPX-TV, Waterville, Maine. IT IS FURTHER ORDERED that the complaint of Paxson Portland License, Inc. for carriage of WMPX-TV in the communities
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  • San Bruno, California. An opposition was filed on behalf of AT&T Broadband LLC (``AT&T''). KFTL responded to both pleadings. background Pursuant to its decision in Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, the Commission, in an effort to promote administrative efficiency, adopted a standardized evidence approach for modification petitions. This approach, codified in Section 76.59(b) of the Commission's rules, requires that the following evidence be submitted: A map or maps illustrating the relevant community locations and geographic features, station transmitter sites, cable system headend locations, terrain features that would affect station reception, mileage between the community and the television station transmitter site, transportation routes and any other evidence contributing to the scope of the market.
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  • then the United States District Court is the exclusive forum for adjudicating the merits of its claim. DBS Must Carry Report & Order, 16 FCC Rcd at 1974. See DBS Must Carry Reconsideration Order, 16 FCC Rcd at 16574. Complaint at 2. Id. Id.; Reply at 2. Opposition at 2-3 and Exhibit A. Id. at 3-4. See 47 CFR § 76.59. Echostar Opposition at 4-5. Id. at 3-4. DBS Must Carry Reconsideration Order, 16 FCC Rcd 16544, at 16570-71. Id. Complaint at 2; Reply at 2. Id. at Note 198. See Senate amendments to H.R. 1554 (May 20, 1999)(``Section 338. Carriage of Local Television Stations by Satellite Carrier. . . .The mandatory carriage provisions of section 614 and 615 of this
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  • request for inclusion is unopposed, we find that WTLW-TV has provided evidence of the scope of its market and demonstrated that the cable subscribers in the requested communities have a community of interest with the Lima DMA. ORDERING CLAUSES 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-5733-A), filed by American Christian Television Services, Inc. IS GRANTED. These actions are taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau The individual communities requested for inclusion are
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  • Los Angeles, it appears that KADY-TV's main focus is directed more towards Santa Barbara than towards Los Angeles. In light of the above, we find that a grant of KADY-TV's request is not in the public interest. ORDERING CLAUSES 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-5803-A), filed by Biltmore Broadcasting, L.L.C. IS DENIED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau The communities requested for inclusion are: Baldwin Hills, Beverly
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  • in service to the residents of these communities would not be in the public interest, particularly as the system serving these communities carries KADY-TV in other communities located in Ventura County, where KADY-TV has must carry status. ORDERING CLAUSES 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-5826-A), filed by Biltmore Broadcasting, L.L.C. IS GRANTED for the communities of Agoura Hills, Calabasas, Hidden Hills, and Malibu, California, and IS OTHERWISE DENIED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Mary Beth Murphy Chief,
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  • of Needles. In view of our decision in the market modification proceeding, the arguments raised by KXLA and Frontier in reference to the above-described must carry complaint are moot. As such, KXLA's must carry complaint is dismissed. ORDERING CLAUSES 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-6117-A), filed by Frontier, A Citizens Communications Company IS GRANTED. IT IS FURTHER ORDERED that the must carry complaint filed by Rancho Palos Verdes Broadcasters, Inc. (CSR-6069-M) IS HEREBY DISMISSED. These actions are taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL
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  • Bernardino National Forest. These factors also tend to explain the history of non-carriage of the station on Frontier's cable system and strongly indicate that Needles is too distant to properly be a part of KJLA's television market. ORDERING CLAUSES 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-6101-A), filed by Frontier, A Citizens Communications Company IS GRANTED. Theis 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 We note that KJLA requests dismissal of this petition.
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  • political boundaries. These factors also tend to explain the history of non-carriage of the station on Mediacom's cable system and strongly indicate that the Communities are too distant to properly be a part of KJLA's natural market. ORDERING CLAUSES 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-6134-A), filed by Mediacom California LLC IS GRANTED. IT IS FURTHER 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 must carry complaint (CSR-6054-M), filed by Costa
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  • and KION's situation is that in the Portland Cases the television stations provided only Grade B coverage to the cable communities whereas KION provides Grade A coverage. For the reasons discussed above, we grant KION's request. ORDERING CLAUSES 12. 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-6130-A), filed by Ackerley Media Group, Inc., licensee of television station KION, IS GRANTED. 13. These actions are taken pursuant to authority delegated by Section 0.283 of the Commission's rules.40 FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965,
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  • of our decision in the market modification proceeding, the arguments raised by Mediacom and KXLA in reference to the above-described must carry complaint and petition for reconsideration are moot. As such, Mediacom's petition for reconsideration is dismissed. ORDERING CLAUSES 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-6117-A), filed by Mediacom of California LLP IS GRANTED. IT IS FURTHER ORDERED that petition for reconsideration filed by Mediacom of California LLP (CSR-6139-A) IS HEREBY DISMISSED. These actions are taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven
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  • and KCBA's situation is that in the Portland Cases the television stations provided only Grade B coverage to the cable communities whereas KCBA provides Grade A coverage. For the reasons discussed above, we grant KCBA's request. ORDERING CLAUSES 12. 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-6131-A), filed by Seal Rock Broadcasters, LLC, licensee of television station KCBA, IS GRANTED. 13. These actions are taken pursuant to authority delegated by Section 0.283 of the Commission's rules.38 FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965,
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  • and all of the communities are in geographic proximity to the station. As a result, KTNC-TV's request for inclusion of these systems will be granted. For the remaining communities and/or cable systems, KTNC-TV's request is denied. IV. ORDERING CLAUSES 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-6129-A), filed by KTNC-TV Licensee, LLC IS GRANTED for the communities of Isleton, Lodi, Tracy, Fairfield and associated unincorporated areas of Solano County, Rio Vista, Suisun City, Travis AFB, Vacaville, Davis and associated unincorporated areas of Yolo County, West Sacramento, Winters, Woodland, Yolo and Dixon, California.
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  • under no obligation to file a market modification petition prior to this time, but WJAL was put on notice that such a petition might be filed during the pendency of its must carry complaint. Initially, we note that WJAL is in error in its contention that the filing of Comcast's market modification petition was in any way procedurally defective. Section 76.59(a) of the Commission's rules gives both cable television systems and television broadcast stations the right to file for market modification. There is no restriction in the rules that limits when the petitioner must file its request. There is no doubt that WJAL was well within its rights to file must carry complaints against Comcast in order to secure carriage rights
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  • from Sandusky, and closer to the station than Wooster. In light of the record, and lack of opposition, Clear Picture has satisfied the statutory criteria for market modification set forth in Section 614 of the Act. ORDERING CLAUSES 7. 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-6183-A), filed by Clear Picture, Inc., IS GRANTED. 8. These actions are 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 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the
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  • The above factors tend to explain the history of KHIZ's lack of carriage in Time Warner's cable communities, and strongly indicate that the communities are too distant to properly be part of KHIZ's television market. IV. ORDERING CLAUSE 16. 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-6173-A), filed by Time Warner Cable, IS GRANTED. 17. These actions are taken pursuant to authority delegated by Section 0.283 of the Commission's rules.37 FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau Time Warner lists the following communities which it seeks to
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  • account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may
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  • into account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. §76.59(b). Petition at 3-8. Id. at 5. Id. at 7. 47 U.S.C. § 534(h)(1)(C)(ii)(I). Opposition at 4-5, citing Comcast Cablevision of Burlington County, Inc., 16 FCC Rcd 10809, 10814 (CSB 2001) (``Comcast Cablevision'') (weight given to carriage of station on adjacent cable system as reflecting nexus between station and area). Id. at 4-5 and Table 1. Comcast presented WBPH Grade B
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  • Sacramento DMAs, at least insofar as KFTL is concerned. Congress did not establish the market modification provisions to allow television stations to become regional superstations and we will not permit that to occur in this case. ORDERING CLAUSES 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-6135-A), filed by Family Stations, Inc. IS GRANTED for the communities of Alameda, Albany, Antioch, Bay Point, Berkeley, Brentwood, Castro Valley, Clayton, Clyde, Concord, Concord Naval Weapons St., Crockett, Danville, Dublin, El Cerrito, Emeryville, Fremont, Hayward, Hercules, Kensington, Lafayette, Livermore, Martinez, Moraga, Newark, Oakland, Oakley,
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  • explain the history of non-carriage of the station in the communities, and strongly indicate that the communities served by Charter are too distant to properly be a part of KBLN's television market. We therefore grant Charter's petition. ORDERING CLAUSES 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-6196-A), filed by Falcon Cable Systems Company II, L.P. d/b/a Charter Communications and Falcon Telecable, a California Limited Partnership d/b/a Charter Communications IS GRANTED. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy
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  • account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may
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  • account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may
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  • account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may
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  • Bureau's grant of KXLA's must carry complaint against Lone Pine is dismissed as moot. In addition, the Bureau's action granting KXLA's complaint against Lone Pine for carriage in Lone Pine and Alabama Hills is rescinded. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the captioned petition for special relief (CSR-6238-A), filed by Lone Pine Television, Inc., IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. § 534, and Section 76.61 of the Commission's rules, 47 C.F.R. § 76.61, that the must carry complaint
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  • Pioneer Point, Trona and Westend, its must carry complaint with regard to these communities is dismissed as moot. With regard to the communities of Sun City and Menifee, however, KVMD's must carry complaint will be granted. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the captioned petition for special relief (CSR-6222-A), filed by Mediacom California LLC IS GRANTED IN PART. IT IS FURTHER ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. § 534, that the must carry complaint filed by KVMD Licensee Co., LLC against Mediacom California LLC
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  • a Little Rock station, and by broadcasting programs not carried by other stations such as the sporting events of local semi-professional football and hockey teams.16 Finally, KYPX alleges that the station and the cable communities are linked physically and economically.17 In its opposition, Classic states that KYPX's petition should be dismissed because it does not provide information required by Section 76.59 of the Commission's rules, namely, the petition does not provide ``published audience data for the relevant station showing its average all day audience... for both cable and noncable households or other specific audience indicia....''18 Classic also asserts that KYPX does not qualify as a specialty station because it fails to broadcast specialty programming during one-third of its weekly prime-time schedule.19
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  • communities, whereas WLNS provides Grade A coverage. For the reasons discussed above, we believe WLNS' petition presents a legitimate request to redraw DMA boundries to make them congruous with market realities, and hereby grant WLNS's request. ORDERING CLAUSES 11. 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-6220-A), filed by Young Broadcasting of Lansing, Inc., licensee of television station WLNS-TV, IS GRANTED. 12. These actions are 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 The cable communities
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  • licensed to communities within the DMA in which the subject communities are located. In light of KTNC-TV's failure to comply with this procedural requirement, its petition for modification will be dismissed without prejudice. KTNC-TV may re-file its request at a later date. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934 and Section 76.59(c) of the Commission's rules, that the petition for special relief, filed by KTNC Licensee, LLC IS DISMISSED WITHOUT PREJUDICE. 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 Comcast Opposition at 2 n.4. 47 C.F.R. § 76.7(3). In Implementation of the Cable
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  • and the cable communities requested for inclusion are located on the northeastern edge of the Greenville market close to the Norfolk DMA. Finally, WSKY's petition is unopposed. For all the reasons discussed above, we grant WSKY's request. ORDERING CLAUSES 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-6012-A), filed by Sky Television, LLC IS GRANTED. These actions are 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 8 FCC Rcd 2965, 2976-1977 (1993). Section 614(h)(1)(C) of the Communications
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  • is unopposed. Finally, all of the Cable Communities requested for inclusion are located on the south western edge of the Detroit market closest to the Toledo, Ohio DMA. For the reasons discussed above, we grant WLMB's request. ORDERING CLAUSES 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, the captioned petition for special relief (CSR-6019-A) filed by Dominion Broadcasting, Inc. IS GRANTED. This action is taken by the Deputy Chief, Policy Division, Media Bureau, 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 Dominion has filed a
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  • into account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. §76.59(b). Petition at 5-9. Id. at 2-3. Id. at 9-10. Id, at 3, 11. Id. at 11. 47 U.S.C. § 534(h) and 47 C.F.R. § 76.59. 47 C.F.R. § 0.283. (continued....) Federal Communications Commission DA 03-817 Federal Communications Commission DA 03-817 „ ... � 5 † ‡ Ç 5 † ‡ Ç Ç �@ˆþÿ � @& Ç . 3 w ‚
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  • 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). Must Carry Order, 8 FCC Rcd at 2976. H.R. Rep. 102-628, 102d Cong., 2d Sess. 97 (1992). H.R. Rep. 102-628, 102d Cong., 2d Sess. 97-98 (1992). Must Carry Order, 8 FCC Rcd at 2977 n. 139. 47 C.F.R. §76.59. Petition at 5-10. Id. at 6. Id. at 9-10. Time Warner states that KXLA began operations in December, 2000 and is transmitting from a site on Mount Wilson with reduced facilities. Id. at 3. Id. Id. at 9. Id. at 10. Id. Opposition at 5. Id. at 8. In addition, Rancho states that the station broadcasts ``Korean Christian'' and ``Saigon
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  • evidence presented above, we conclude that deletion of the Comcast Communities from WFUT's market for mandatory carriage purposes would not fulfill the purposes of Section 614 of the Communications Act. Thus, we deny Comcast's DMA modification request. ORDERING CLAUSES 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-5969-A) filed by Comcast Cablevision of Danbury, Inc. IS DENIED. This action is taken by the Deputy Chief, Policy Division, Media Bureau, pursuant to authority delegated by Section 0.283 of the Commission's rules.41 FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau The
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  • balance between the Providence and Boston television markets by granting WWDP widespread carriage throughout the Providence market. Our action today, however, does not have a similar result. For all the reasons discussed above, we grant WWDP's request. ORDERING CLAUSES 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-5970-A), filed by Norwell Television, LLC seeking to add the community of Westport, Massachusetts and the unincorporated areas of Bristol County, Massachusetts IS GRANTED. These actions are taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven Broeckaert Deputy Chief,
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  • 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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  • KUTF at distances ranging from 54 to 79 miles, but both the station's predicted Grade B contour appears to encompass the communities and the it provides Grade B coverage according to the Longley-Rice study provided by Comcast. ORDERING CLAUSES 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-6277-A), filed by Comcast of California/Idaho, Inc., Comcast of Montana/Indiana/Kentucky/Utah, and Comcast of Utah II, Inc. IS DENIED for the communities of American Fork, Elk Ridge, Heber City, Lehi, Lindon, Mapleton, Midway, Nephi, Orem, Payson, Pleasant Grove, Provo, Salem, Spanish Fork, Spring Lake and Springville, Utah
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  • River is not only geographically closer to KUTF at only 57 miles, but both the station's predicted Grade B contour encompasses the community and it provides Grade B coverage according to the Longley-Rice study provided by Charter. ORDERING CLAUSES 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-6276-A), filed by Charter Communications Properties LP and Falcon Telecable, A California LP IS GRANTED for the communities of Harrisburg Junction, Hurricane, Ivins, La Verkin, Leeds, Rockville, Santa Clara, Springdale, St. George, Toquerville, and Washington, Utah and IS DENIED for the communities of Green River and
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  • Beachwood, Pine Beach, Ocean Gate, South Toms River, Lacey, Dover, Eagleswood, Tuckerton, Little Egg Harbor, Island Heights, Ocean Beach, Crestwood, Manchester, Lakehurst, Manahawkin, Beach Haven, Harvey Cedars, Long Beach, Ship Bottom, Surf City, and Barnegat Light. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the captioned petition for special relief (CSR-6278-A), filed by Lenfest Broadcasting, LLC IS GRANTED IN PART, as indicated herein. These actions are taken pursuant to delegated authority pursuant to Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau The subject cable communities are: Stafford,
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  • a particular television broadcast station, include additional communities within its television market or exclude communities from such station's television market to better effectuate the purposes of this section. DISCUSSIOn In the instant case, Dalton Utilities is attempting to use the market modification procedures to obtain what is, essentially, a network nonduplication waiver. The market modification process is governed by Section 76.59 of the Commission's rules. Network nonduplication requirements are contained in Section 76.92 of the Commission's rules. These two sections are not related. Section 614 of the Act, through which the authority for seeking market modification was enacted, deals expressly with the must carry requirements regarding the carriage of local commercial television signals. Section 76.92 of the rules oversees the protection
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  • into account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. §76.59(b). H.R. Rep. 102-628, 102d Cong., 2d Sess. 97-98 (1992). 8 FCC Rcd 2977 n. 139. 47 C.F.R. §76.59. See 47 C.F.R. § 76.7(a)(4)(iii). Petition at 5-6. The distances from Atlantic City, New Jersey, WWSI's community of license, to the Communities range from 83 to 112 miles. Id. at 6-8. Id. at 9-10. Id. at 10-11. Id. at 11-12. Id. at
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  • cable communities. In conclusion, relying on case precedent for analog television station market modifications, the grant of Cox' market modification request for the above-listed communities would effectuate the purposes of Section 614(h) of the Act. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the captioned petition for special relief (CSR-6252-A), filed by CoxCom, Inc. d/b/a Cox Communications Orange County IS GRANTED. IT IS FURTHER ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. § 534, that the must carry complaints (CSR-6200-M, CSR-6242-M) filed by KVMD Licensee Co., LLC
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  • Canyon Lake, Corona, El Cerrito, Glen Ivy, Homeland, Horsethief Canyon, Menifee, Murrieta, Murrieta Hot Spring, Lake Elsinore, Nuevo, Quail Valley, Riverside, Romoland, Sedco Hills, The Farm, and Wildomar, however, KVMD's must carry complaint will be granted. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the captioned petition for special relief (CSR-6255-A), filed by Comcast Cable Communications, Inc. IS GRANTED IN PART, as indicated herein. IT IS FURTHER ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. § 534, that the must carry complaints (CSR-6203-M, CSR-6243-M) filed by KVMD Licensee
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  • by WRNN-DT does indicate that WRNN-DT has some viewership in areas of the requested Communities. In view of the above, carriage of the station's signal is reasonable and appropriate under the Act and the Commission's rules. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the captioned petition for special relief (CSR-6432-A), filed by WRNN License Company, LLC IS GRANTED as indicated herein. These actions are taken pursuant to delegated authority pursuant to Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau WRNN states that with respect to the
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  • -- 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 Act of 1992. . Section Number and Title: 76.309 Customer service obligations. SUBPART J
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  • the majority of communities at an average 92 miles distant; and that it fails to provide a Grade B signal according to Longley-Rice. For the subject communities, therefore, the factors weigh in favor of granting Comcast's request. ordering clauses 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-6532-A), filed by Comcast Cable Communications LLC IS GRANTED. IT IS FURTHER ORDERED, that the Commission decision in CSR-6380-M (released December 16, 2004) IS HEREBY RESCINDED. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A.
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  • KMOH does provide a limited amount of programming targeted to the cable communities. However, we cannot conclude that this limited programming is sufficient by itself to overcome the weight of the other factors favoring modification. IV. ORDERING CLAUSEs 28. 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-6637-A), filed by CoxCom, Inc., IS GRANTED to the extent indicated herein. The cable communities where Cox operates cable television systems are excluded from the television market of station KMOH-TV, Kingman, Arizona. 29. This action is taken pursuant to authority delegated by Section 0.283 of the
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  • some evidence of viewership of KAIT in the cable communities, we conclude that addition of the cable communities to KAIT's market for mandatory carriage purposes better effectuates the purposes of Section 614 of the Communications Act. IV. ORDERING CLAUSES 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-6681-A), filed by Time Warner Entertainment Co., L.P. dba Time Warner Cable, IS GRANTED. KAIT shall notify the relevant cable systems in writing of its carriage and channel position elections, §§ 76.56, 76.57, and 76.64(f) of the Commission's rules. These actions are taken pursuant to authority
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  • B coverage and the others are in close proximity. Moreover, despite Comcast's contention that WWAZ-TV's transmitter appears only to focus on the Milwaukee market, our research indicates that it provides equal focus to the Green Bay market. ordering clauses 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-6698-A), filed by Time Warner Entertainment Co., L.P., d/b/a Time Warner Cable IS DENIED for the Cities of Appleton, Kaukauna, Menasha, Neenah; Towns of Brillion, Buchanan, Cato, Clayton, Dale, Grand Chute, Greenville, Harrison, Holland, Kaukauna, Leon, Liberty, Median, Menasha, Neenah, Poy Sippi, Stockbridge, Vandenbrook, Vinland, Winchester,
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  • comply with the network nonduplication requirements. We note, however, that as of September 21, 2005, Cable One has begun providing KSNF with the required protection. As a result, we need not issue an order to this effect. ordering clauses 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-6846-A), filed by Cable One, Inc. IS GRANTED. IT IS FURTHER ORDERED that the petition for a waiver of the network nonduplication requirements (CSR-6711-N), filed by Cable One, Inc. IS DENIED. IT IS FURTHER ORDERED that the order to show cause (CSC-395), filed by Nexstar
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  • television markets that do not include the above evidence shall be dismissed without prejudice and may be re-filed with a filing fee.8 The Modification Final Report and Order provides that parties may continue to submit additional evidence that they deem appropriate. III. Discussion 4. WDTV failed to comply with the requirements of the Modification Final Report and Order and Section 76.59(b) of the Commission's rules. While WDTV provided a map showing WDTV's predicted Grade B signal contour, it did not provide a map clearly illustrating station transmitter site, cable headend location, the relevant cable communities and their distances from WDTV's transmitter site, and terrain features that might affect station reception (evidence requirement 1 and 2 above).9 The information provided is not
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  • to this petition was filed on behalf of EBC Buffalo, Inc., licensee of WNYI, to which Time Warner replied. background Pursuant to its decision in Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, the Commission, in an effort to promote administrative efficiency, adopted a standardized evidence approach for modification petitions. This approach, codified in Section 76.59(b) of the Commission's rules, requires that the following evidence be submitted: A map or maps illustrating the relevant community locations and geographic features, station transmitter sites, cable system headend locations, terrain features that would affect station reception, mileage between the community and the television station transmitter site, transportation routes and any other evidence contributing to the scope of the market.
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  • result of the above, we find that CoxCom's petition for market modification is premature and it will be dismissed without prejudice. CoxCom is free to file a new petition in the future, should the intended swap take place. 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-6964-A), filed by CoxCom, Inc. d/b/a Cox Communications Phoenix IS DISMISSED. This action is taken pursuant to delegated authority pursuant to Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 U.S.C. § 0.283. (...continued from
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  • in the same state as WDTV; are on the edge of WDTV's market, the Clarksburg-Weston DMA; and Monongalia County, where the cable communities are located, is only one of two counties in West Virginia in the Pittsburgh DMA. IV. ORDERING CLAUSES 20. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, and Section 76.59 of the Commission's rules,44 that the petition for special relief, filed by Withers Broadcasting Company of West Virginia, licensee of television station WDTV, IS GRANTED. The cable communities are included in the television market of station WDTV(TV), Weston, West Virginia. 21. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules.45 FEDERAL COMMUNICATIONS COMMISSION William
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  • appeal, this factor is not outcome determinative on its own. Conclusion. In view of the foregoing, we find that grant of WRNN's petition with respect to those communities served by Cablevision's Nassau County cable system is in the public interest. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, and Section 76.59 of the Commission's rules that the captioned petition for special relief (CSR-6956-A), filed by WRNN License Company, LLC IS GRANTED IN PART and IS DENIED IN PART to the extent indicated herein. These actions are 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 8
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  • number of subscribers affected by this request, when compared to total number of subscribers within the Washington, D.C. DMA, and WHSV-TV's history of long-term carriage, we believe that the market modification factors favor a grant of WHSV-TV's request. IV. ORDERING CLAUSES 20. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, and Section 76.59 of the Commission's rules,44 that the petition for special relief, filed by Gray Television Licensee, Inc., licensee of station WHSV-TV, to include the communities of Berryville, Boyce, Frederick, Middletown, Stephens City, Winchester, Front Royal and Warren, Virginia IS GRANTED. 21. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules.45 FEDERAL COMMUNICATIONS COMMISSION Steven A.
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  • the context of the circumstances presented here and, on balance, we find that Armstrong has demonstrated that the subject communities lack a sufficient nexus with WFMZ-TV and thus warrant deletion of these communities from the station's DMA. ORDERING CLAUSES 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-6037-A), filed by Armstrong Utilities, Inc. IS GRANTED. 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 We note that WFMZ-TV filed a must carry complaint against Armstrong
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  • LLC, licensee of television broadcast station KCEC, Denver, Colorado (``KCEC''). KGWN-TV has filed a consolidated reply to these oppositions. background Pursuant to its decision in Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, the Commission, in an effort to promote administrative efficiency, adopted a standardized evidence approach for modification petitions. This approach, codified in Section 76.59(b) of the Commission's rules, requires that the following evidence be submitted: A map or maps illustrating the relevant community locations and geographic features, station transmitter sites, cable system headend locations, terrain features that would affect station reception, mileage between the community and the television station transmitter site, transportation routes, and any other evidence contributing to the scope of the market.
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  • is capable of providing a signal to the cable system in the same manner as other similarly-situated stations currently carried by Time Warner. A grant of Time Warner's request, therefore, would not be in the public interest. ordering clauses 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-6953-A), filed by Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable IS DENIED. IT IS FURTHER ORDERED that Time Warner shall commence carriage of KVEA within sixty (60) days of the date that KVEA provides a good quality signal to the cable system's principal headend. This
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  • is capable of providing a signal to the cable system in the same manner as other similarly-situated stations currently carried by Time Warner. A grant of Time Warner's request, therefore, would not be in the public interest. ordering clauses 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-6954-A), filed by Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Cable IS DENIED. IT IS FURTHER ORDERED that Time Warner shall commence carriage of KWHY-TV within sixty (60) days of the date that KWHY-TV delivers a good quality signal to the cable system's principal headend. This
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  • 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 ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. § 534, that the petition for carriage filed by East Cleveland Cable TV & Communications,
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  • given weight to a system's carriage of other local stations. We further note that this petition is unopposed. Based on the record, Time Warner has demonstrated that WGGN should be excluded from the cable communities. IV. ORDERING CLAUSES 7. 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 Time Warner NY Cable LLC IS GRANTED. 8. 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 Time Warner seeks to exclude from WGGN-TV's market
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  • set forth above, we find WGGN-TV to be qualified as a local television station under Section 76.55(c) of the Commission's rules and thus entitled to carriage on channel 52 on each of the cable systems at issue. ORDERING CLAUSES 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-7230-A), filed by Time Warner Cable IS GRANTED IN PART AND DENIED IN PART, as discussed herein. IT IS FURTHER ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. § 534, that the petition for carriage filed by Christian Faith
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  • we find that grant of WCTX's request, with regard to the communities of Danbury, Bethel, Ridgefield, Darien, Easton, Greenwich, New Canaan, Norwalk, Redding, Redding Ridge, Stamford, Weston, Westport, and Wilton, Connecticut is in the public interest. ordering clauses 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-7412-A), filed by WTNH Broadcasting, Inc. IS GRANTED for the communities of Danbury, Bethel, Ridgefield, Darien, Easton, Greenwich, New Canaan, Norwalk, Redding, Redding Ridge, Stamford, Weston, Westport, and Wilton, Connecticut. IT IS FURTHER ORDERED, that Comcast Cable Communications and Cablevision Systems will commence carriage of
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  • enhancement under the third factor, the other factors, taken as a whole, are insufficient to demonstrate that the specified Paducah Communities should be added to the Jackson DMA for mandatory carriage purposes with respect to WBBJ. V. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. §534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. §76.59, that the captioned petition for special relief (CSR-7596-A), filed by Tennessee Broadcasting Partners, a wholly-owned subsidiary of Bahakel Communications and licensee of WBBJ-TV/DT, Jackson, Tennessee, IS GRANTED IN PART for the following communities in the Nashville DMA: Camden (Benton County, TN), Parsons, Perryville and Scotts Hill (Decatur County, TN), Henry, McKenzie, Paris, Cottage
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  • has significant viewership in Effingham and Freedom. In addition, Time Warner's petition is unopposed. For the reasons discussed above, we hereby grant Time Warner's request to modify WMUR-TV/DT's television market to include Effingham and Freedom, New Hampshire. ordering clauses 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-8107-A), filed by Time Warner Cable Inc. IS GRANTED. 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 The cable communities are located in in Carroll County, New
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  • community-by-community basis, rather than on a county-by-county basis. Hence, we deny WHIZ's petition with regard to those 21 cable communities that the Station has not shown to be served by the Time Warner system serving Perry County. ordering clauses 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-8119-A), filed by Southeastern Ohio Television System IS GRANTED IN PART and IS DENIED IN PART to the extent indicated herein. 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
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  • by Free State Communications/KTKA because addition of the requested communities would violate the economic marketplace expectations underlying the affiliation concept, and because the communities sought form an important part of the core of another broadcast market. ordering clauses 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-8121-A), filed by Free State Communications, LLC, licensee of station KTKA-TV, IS DENIED. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau Petition for Special Relief
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  • that a grant of Cox's request to exclude KEGS from carriage in the communities of Boulder City, Henderson, Las Vegas, North Las Vegas and unincorporated areas of Clark County, Nevada to be in the public interest. ordering clauses 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-8125-A), filed by Cox Communications Las Vegas, Inc. IS GRANTED for the communities set forth in paragraph 18 above. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division
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  • Islands ) ) ) ) ) ) CSR-8133-A MEMORANDUM OPINION AND ORDER Adopted: June 19, 2009 Released: June 19, 2009 By the Senior Deputy Chief, Policy Division, Media Bureau: Introduction Storefront Television (Storefront), licensee of CBS affiliate WVXF-TV, Channel 17, Charlotte Amalie, Virgin Islands (WVXF or the Station), filed the above-captioned petition for special relief. Pursuant to Sections 76.7 and 76.59 of the Commission's rules, WVXF seeks to modify its broadcast television market, for purposes of the cable television mandatory broadcast signal carriage rules, to include the communities served by two cable systems in the Puerto Rico television market. The cable systems, San Juan Cable, LLC d/b/a OneLink Communications (OneLink) and Liberty Cablevision of Puerto Rico Inc. (Liberty), did not file
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  • Given the factors enumerated above, and the fact that no opposition to this request was filed, we find that grant of WGEN-TV's request for market modification to include the cable communities is in the public interest. ordering clauses 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-8082-A), filed by Mapale LLC IS GRANTED for the cable communities. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau Modification at 1. The communities and
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  • elect must carry within 30 days of the release of this Order on Reconsideration, then KVMD must submit to the Commission a carriage complaint within sixty (60) days if it intends to pursue its carriage rights. IV. ORDERING CLAUSES 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 petition for reconsideration of Cox's market modification (CSR-6252-A) filed by KVMD Licensee Co., LLC IS GRANTED IN PART AND DENIED IN PART as discussed herein. IT IS FURTHER ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. § 534, , that the petition for reconsideration
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  • 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., at Sec.
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  • grant of WABG-TV's request to include the communities of Batesville, Clarksdale, Courtland, Lambert, Lyon, Marks, Pope, and unincorporated portions of Panola, Quitman and Coahoma Counties, Mississippi in WABG-TV's television market to be in the public interest. ordering clauses 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-8203-A), filed by Commonwealth Broadcasting Group, Inc. IS GRANTED for the communities of Batesville, Clarksdale, Courtland, Lambert, Lyon, Marks, Pope, and unincorporated portions of Panola, Quitman and Coahoma Counties, Mississippi. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules.
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  • Order, 12 FCC Rcd at 3932, ¶ 5, 3956, ¶¶ 74-75. See supra note 10. To demonstrate signal coverage, the Commission requires the submission of Grade B contour maps delineating a station's technical service area or the submission of Longley-Rice propagation curves, as the latter provides a more accurate representation of a station's technical coverage area. See 47 C.F.R. § 76.59(b)(2); Modification Second Report and Order, 14 FCC Rcd at 8387-88, ¶¶ 49-50. Bureau Order at 3936, ¶ 16 n.46 (citing Unified Reply to Oppositions to Petition for Special Relief by Tennessee Broadcasting Partners, filed Nov. 29, 2007, at 15 (``Reply'')). Petition at 6 & n.13 (citing Original Petition, Ex. B ``FCC & Longley Rice Predicted Coverage, Station WBBJ-DT''). While the
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  • of a qualified local NCE if the station's signal would be considered a distant signal for copyright purposes unless the station agrees to indemnify the cable operator for any increased copyright liability resulting from carriage of its station signal. 47 C.F.R. § 76.55(b). We note that this rule has not been amended since the digital transition. ). 47 C.F.R. § 76.59; see also 47 U.S.C. § 614. In determining whether to grant a request to modify a local market, the Commission must, pursuant to the statute, give particular attention to localism by its consideration of several factors, including (1) whether the station, or other stations located in the same area, have been historically carried on the cable system or systems within
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  • taken together with KJLA's robust signal coverage and the recent investment it has made to better serve a significant demographic in the Los Angeles DMA, demonstrate that granting KJLA's petition would be in the public interest. ordering clauses 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 above captioned petition filed by KJLA, LLC, seeking to modify the must-carry television market of digital-only broadcast television station KJLA-DT, Channel 49, Ventura, California, to include communities and unincorporated areas served by CoxCom, Inc. and located within the Los Angeles Designated Market Area IS GRANTED. This action is taken pursuant
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  • granting Comcast's request. In light of this, we find that a grant of Comcast's request to exclude KQSL from carriage in the communities listed in Appendix A of this order to be in the public interest. ordering clauses 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-8504-A), filed by Comcast Cable Communications, LLC IS GRANTED for the communities set forth in Appendix A below. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media
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  • of Massillon, Bethlehem Township, Brewster, Canal Fulton, Jackson Township, Lawrence Township, Navarre, Richville, Sugar Creek Township, Tuscarawas Township, southwestern portions of Summit County, and eastern portions of Wayne County, Ohio, to be in the public interest. ordering clauses 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 petition for market modification filed by Massillon Cable TV, Inc., IS GRANTED. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau Massillon Cable states that its system serves the following communities:
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  • and we decline to add the entirety of Dutchess and Ulster Counties to WMBC's market but will include the Town and Village of Fishkill and the community of Beacon (Dutchess County, New York) in its market. ordering clauses 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-8121-A), filed by Mountain Broadcasting Corporation, licensee of station WMBC-TV (``WMBC''), Newton, New Jersey, IS GRANTED IN PART AND DENIED IN PART. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy
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  • CSR-5724-A Adopted: December 13, 2001 Released: December 14, 2001 By the Deputy Chief, Cable Services Bureau: The Memorandum Opinion and Order, DA 01-2881 (released December 12, 2001) is corrected as follows: Paragraph 29 is corrected to read as follows: 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-5724-A), Norwell Television, LLC IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau (...continued from previous page) (continued...) Federal Communications Commission FCC 00-XXX Federal Communications Commission @& „0ý „0ý „0ý „0ý „0ý „0ý „ðñ
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  • to Incumbent Local Exchange Carriers' Inside Wire Subloop (WC Docket No. 01-338). SUMMARY: The Commission will consider a Report and Order and Declaratory Ruling defining physically inaccessible cable wiring as well as requesting carrier rights to access inside wire subloops in multiunit premises. 6 MEDIA TITLE: Amendment to Broadcast Carriage Rules for Cable Operators and Satellite Carriers; 47 CFR 76.56, 76.59, and 76.66. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning market modifications for purpose of satellite and cable carriage of television broadcast stations. or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). . . Copies of materials adopted at this meeting can be purchased from the FCC's duplicating contractor, Best Copy and Printing,
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  • FROM MAY 31, 2007, OPEN MEETING The following item has been deleted from the list of Agenda items scheduled for consideration at the May 31, 2007, Open Meeting and previously listed in the Commission's Notice of May 24, 2007. ITEM NO. BUREAU SUBJECT 6 MEDIA TITLE: Amendment to Broadcast Carriage Rules for Cable Operators and Satellite Carriers; 47 CFR 76.56, 76.59, and 76.66. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning market modifications for purpose of satellite and cable carriage of television broadcast stations. -FCC- Commission Meeting Agenda A Public Notice of the Federal Communications Federal Communications Commission Commission 445 12th Street, S.W. News Media Information (202) 418-0500 Washington, D.C. 20554 Fax-On-Demand (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov *The
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  • 29, 1996, thirty days before its deletion on December 29, 1996. Consequently, we find that TCI-I did not violate any provisions of the Communications Act or our rules. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act, as amended, 47 U.S.C. §534, and Section 76.5 and 1.115 of the Commission's Rules, 47 C.F.R. §§76.59 and 1.115, that the application for review filed on behalf of WFXV-TV, Inc. IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary See WFXV-TV, Inc. v. Cablevision of Southern Illinois, Inc. d/b/a TCI of Illinois, 13 FCC Rcd 1870 (1997)(``Bureau Order''). Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues (``Must Carry Order''),
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  • television station WFTV, Orlando, Florida, has filed an Application for Review of the Memorandum Opinion and Order in Diversified Communications ("Bureau Order") pursuant to Section 1.115 of the Commission's rules. The Bureau Order granted a petition for special relief filed by Diversified Communications ("Diversified") for modification of the television market of Station WCJB-TV, Gainesville, Florida, pursuant to Sections 76.7 and 76.59 of the Commission's rules, and added certain communities in Marion County, Florida to WCJB-TV's market. Diversified, licensee of WCJB-TV, filed an opposition to the application for review. No reply was filed. The Application for Review is denied. Discussion Section 614(h)(1)(C)(i) of the Communications Act authorizes the Commission to add communities to, or delete communities from a television station's market "to
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  • introduction Christian Faith Broadcast, Inc. ("Christian"), licensee of television station WGGN-TV, Sandusky, Ohio, has filed an Application for Review of Cablevision of Cleveland, L.P. and V Cable, Inc., d/b/a Cablevision of Ohio ("Bureau Order"). The Bureau Order granted in part the petition of Cablevision of Cleveland, L.P. and V Cable, Inc., d/b/a Cablevision of Ohio ("Cablevision") under Sections 76.7(a) and 76.59(a) of the Commission's rules, and deleted certain communities (``the Communities") served by Cablevision's cable system from WGGN-TV's television market. Cablevision filed an opposition to the application for review, and Christian filed a reply. The Application for Review is denied. discussion Section 614(h)(1)(C)(i) of the Communications Act authorizes the Commission to add communities to, or delete communities from a television station's
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  • (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). See also 47 C.F.R. §76.59. See Must Carry Order, 8 FCC Rcd 2965. See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, FCC 00-224 at para. 65 (released June 30, 2000)(``700 MHz Order''). See 700 MHz Order at para. 65. Id. Id. Id. 47 U.S.C.
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  • Services Bureau (``Bureau'') which dismissed Mr. Wiegand's complaint against cable operator Post Newsweek Pacifica Cable, Inc. (``Post''). Also before us is a Petition for Reconsideration filed by the Attorney General of the State of Connecticut (``Attorney General'' or ``Petitioner'') requesting a review of the Bureau's Memorandum Opinion and Order which denied the Attorney General's request for a waiver of Section 76.59 of the Commission's rules, which limits market modification filings to a broadcaster or cable system. The Bureau Orders at issue address the common question as to who has standing to initiate a proceeding regarding the signal carriage rights of a television station. Accordingly, we will consolidate the Application for Review and the Petition for Reconsideration and review both in this
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  • 2001 By the Commission: introduction Ortiz Broadcasting Corp. ("Ortiz"), licensee of television station KTRG ("KTRG"), Del Rio, Texas, has filed an Application for Review of KBL Cablesystems of the Southwest, Inc., 12 FCC Rcd 21923 (CSB 1997) ("Bureau Order"). The Bureau Order granted the petition of KBL Cablesystems of the Southwest, Inc. d/b/a Paragon Cable ("Paragon") under Sections 76.7(a) and 76.59(a) of the Commission's rules, and deleted San Antonio, Texas, and certain other communities in Bexar County, Texas, (the Communities") served by Paragon's cable system from KTRG's television market. Paragon filed an opposition to the application, and Ortiz filed a reply. For the reasons stated below, we deny the Application for Review. discussion Section 614(h)(1)(C)(i) of the Communications Act authorizes the
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  • 4631-M Adopted: September 25, 2001 Released: October 4, 2001 By the Commission: introduction Christian Faith Broadcast, Inc. ("Christian"), licensee of television station WGGN-TV, Sandusky, Ohio, has filed an Application for Review of Armstrong Utilities, Inc. d/b/a Armstrong Cable Services ("Bureau Order"). The Bureau Order granted the petition of Armstrong Utilities, Inc. d/b/a Armstrong Cable Services ("Armstrong") under Sections 76.7(a) and 76.59(a) of the Commission's rules, and deleted the communities of Ashland and Medina, Ohio and certain other nearby communities (the Communities") served by Armstrong's cable system from WGGN-TV's television market. Armstrong filed an opposition to the application for review, and Christian filed a reply. For the reasons discussed below, we affirm the Bureau's action and deny the Application for Review. discussion
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  • results of such tests to the Cable Services Bureau within 30 days of the release date of this Order. The Cable Services Bureau will then decide the issue on remand, consistent with this Memorandum Opinion and Order. IV. ORDERING CLAUSES 15. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act, as amended, 47 U.S.C. §534, and Sections 76.59 and 1.115 of the Commission's rules, 47 C.F.R. §§76.59 and 1.115, that the application for review filed on behalf of Citrus County Association for Retarded Citizens, Inc. IS GRANTED. 16. IT IS FURTHER ORDERED that Century Cable may, within 20 days of the release date of this order, conduct new signal quality tests consistent with this Order. In the event
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  • By the Commission: I. INTRODUCTION 1. Paxson Boston License, Inc. ("Paxson"), licensee of WGOT-TV, Merrimack, New Hampshire, has filed an Application for Review of the Cable Services Bureau's (the "Bureau") order in Greater Worcester Cablevision, Inc., et al. ("Bureau Order"). The Bureau Order granted the combined petition of Greater Worcester Cablevision, Inc., et al. (``Petitioner'') pursuant to Sections 76.7(a) and 76.59 (a) of the Commission's rules, and deleted the designated communities in Worcester County (``the System'') from the Boston, Massachusetts area of dominant influence (``ADI'') from WGOT's television market for must carry purposes. Petitioner filed an opposition to the application for review, and Paxson filed a reply. II. BACKGROUND 2. Section 614(h)(1)(C)(i) of the Communications Act authorizes the Commission to add
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  • Making, 11 FCC Rcd 1904, 1905 (1996). Report and Order, 11 FCC Rcd at 6224. The Commission postponed the switch to Nielsen DMAs until the 1999 must-carry/retransmission consent election, which became effective January 1, 2000. Second Report and Order, 14 FCC Rcd 8366 (1999). Id. at 8382. Id. at 8381. Id. at 8384. Id. Id. Id. at 8387; see Section 76.59(b) &(c). Id. Id. at 8388. Id. See Dynamic Cablevision of Florida, Ltd. and Continental Cablevision of Jacksonville, Inc., d/b/a Comcast of Broward County, Inc. and Continental Cablevision of Broward County, Inc. Memorandum Opinion and Order, 11 FCC Rcd 9880 (CSB 1996); recon. denied, 12 FCC Rcd 9952 (1997); Adelphia Cable Partners, L.P. d/b/a Adelphia Cable Communications, 13 FCC Rcd 4047
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  • Paxson Boston License, Inc. ("Paxson"), licensee of WPXB-TV, Merrimack, New Hampshire, has filed an Application for Review of the Cable Services Bureau's (the "Bureau") Order in Harron Cablevision of Massachusetts, d/b/a Harron Communications Corp. ("Bureau Order"). The Bureau Order granted the Petition for Special Relief of Harron Cablevision of Massachusetts, d/b/a Harron Communications Corp. (``Harron'') pursuant to Sections 76.7(a) and 76.59(a) of the Commission's rules, and deleted certain communities in Plymouth County, Massachusetts from WPXB-TV's Boston television market for must carry purposes. Harron filed an opposition to the application for review, and Paxson filed a reply. II. DISCUSSION 2. Section 614(h)(1)(C)(i) of the Communications Act authorizes the Commission to add communities to, or delete communities from a television station's market "to
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  • F.3d at 145. See 47 U.S.C. § 534(h)(1)(C)(i); see also WLNY, 163 F.3d at 144-45. H.R. Rep. No. 628, 102d Cong., 2d Sess. at 97-98. Bureau Order, 13 FCC Rcd at 5746. The cable communities lie 94 miles from Rome, WTLK's community of license, and 65 miles from the station's transmitter site in Waleska. Id. at 5743. 47 C.F.R. § 76.59; see also WLNY, 163 F.3d at 146. H.R. Rep. No. 628, 102d Cong., 2d Sess. at 97. See 47 U.S.C. § 534(h)(1)(C)(ii)(II). See, e.g., NY ADI, 12 FCC Rcd at 12270. Paxson also emphasizes its commitment to provide locally oriented programming in the future. However, we previously have found that the absence of actual, targeted programming weighs against a station
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  • to include within its market ... Live Oak.'' The specific relief sought by WTXL-TV is to exclude Live Oak from WCJB's market. In order to do so, WTXL-TV must establish that WCJB's local nexus to Live Oak has substantially changed by virtue of the factors identified in Section 614(h)(1)(C) of the Act and the types of evidence enumerated in Section 76.59(b) of the Commission's rules. WTXL-TV's modification petition and application, as well as the Modification Order, incorrectly focus on evidence associated with changes in WTXL-TV's level of service to Live Oak. However, the issue is not WTXL-TV's market - as a station assigned to the Tallahassee DMA, WTXL-TV's market includes Suwanee County and the community of Live Oak. WTXL-TV undeniably has
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  • by the former Cable Services Bureau in the captioned proceeding. We have analyzed the application for review and find that the Commission staff properly decided the matters raised. Therefore we uphold the staff decision for the reasons stated therein. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. §534, and Sections 76.59, 76.61 and 1.115 of the Commission's rules, 47 C.F.R. §§76.59, 76.61 and 1.115, that the Application for Review filed by Prime Time Christian Broadcasting, Inc. IS DENIED. Federal Communications Commission Marlene H. Dortch Secretary DISSENTING STATEMENT OF COMMISSIONER MICHAEL J. COPPS Re: TCI Cablevision of New Mexico, Inc., Memorandum Opinion and Order (CSR 5654-A); TCI Cablevision of New Mexico, Inc.,
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  • by the former Cable Services Bureau in the captioned proceeding. We have analyzed the application for review and find that the Commission staff properly decided the matters raised. Therefore we uphold the staff decision for the reasons stated therein. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. §534, and Sections 76.59, 76.61 and 1.115 of the Commission's rules, 47 C.F.R. §§76.59, 76.61 and 1.115, that the Application for Review filed by Prime Time Christian Broadcasting, Inc. IS DENIED. Federal Communications Commission Marlene H. Dortch Secretary DISSENTING STATEMENT OF COMMISSIONER MICHAEL J. COPPS Re: TCI Cablevision of New Mexico, Inc., Memorandum Opinion and Order (CSR 5654-A); TCI Cablevision of New Mexico, Inc.,
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  • by the former Cable Services Bureau in the captioned proceeding. We have analyzed the application for review and find that the Commission staff properly decided the matters raised. Therefore we uphold the staff decision for the reasons stated therein. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. §534, and Sections 76.59 and 1.115 of the Commission's rules, 47 C.F.R. §§76.59 and 1.115, that the Application for Review filed by Prime Time Christian Broadcasting, Inc. IS DENIED. Federal Communications Commission Marlene H. Dortch Secretary DISSENTING STATEMENT OF COMMISSIONER MICHAEL J. COPPS Re: TCI Cablevision of New Mexico, Inc., Memorandum Opinion and Order (CSR 5654-A); TCI Cablevision of New Mexico, Inc., Memorandum Opinion
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  • § 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), 535(j). See also 47 C.F.R. § 76.61. See 47 U.S.C. § 534(h)(1)(C). See also 47 C.F.R. § 76.59. See Cable Must Carry Order, 8 FCC Rcd 2965, supra note 15. See generally 47 C.F.R. §§ 76.56 to 76.64. See 16 FCC Rcd at 2603-09, 2649-52. See id. Id. at 2600. See id. The Further Notice sought information on current usable cable channel capacity and forecasts for capacity growth in the future, and also surveyed 16 cable operators. See
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  • channel positions designated in the Act.27 Cable operators are prohibited from degrading the television station's signal28 but are not required to carry duplicative signals29 or video that is not Federal Communications Commission FCC 98-153 30See 47 U.S.C. §534(b)(3)(A); 47 U.S.C. §535(g). 31See 47 U.S.C. §§534(d) and 535(j). See also 47 C.F.R. §76.61. 32See 47 U.S.C. §534(h)(1)(C). See also 47 C.F.R. §76.59. 33Broadcast Signal Carriage Issues, MM Docket 92-259, 8 FCC Rcd 2965 (1993) ("Must Carry Order"); See also, Broadcast Signal Carriage Issues, MM Docket 92-259, 9 FCC Rcd 6723 (1994) ("Must Carry Reconsideration"). 3447 U.S.C. §336(b)(3). 35Telecommunications Act of 1996, Conference Report, 104th Cong., 2d Sess., Report 104-230 at 161. 3647 C.F.R. §§73.622-624. 37These standards were developed by the Advanced Television
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  • list of bargaining proposals that are not consistent with competitive marketplace considerations and the good faith negotiation requirement. NCTA Comments at 4; Time Warner Reply at 14-15. U S West Comments at 8-9; BellSouth Comments at 24; WCA Comments at 17. U S West Comments at 8-9; BellSouth Comments at 24; WCA Comments at 17, each citing 47 C.F.R. § 76.59(c). NAB Reply at 21, citing 47 U.S.C. § 325(b)(3); Network Affiliates Reply at 40. 47 U.S.C. § 325(b)(1) (emphasis added). 47 U.S.C. § 325(e)(4). Notice at 20. Id. Network Affiliate Comments at 24. Fox Comments at 3. LTVS Reply at 9. 47 U.S.C. § 325(b)(3)(C). 47 C.F.R. § 76.64(m) (``Exclusive retransmission consent agreements are prohibited. No television broadcast station shall
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  • (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). See also 47 C.F.R. §76.59. See Must Carry Order, 8 FCC Rcd 2965. See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, FCC 00-224 at para. 65 (released June 30, 2000)(``700 MHz Order''). See 700 MHz Order at para. 65. Id. Id. Id. 47 U.S.C.
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  • channel positions designated in the Act.27 Cable operators are prohibited from degrading the television station's signal28 but are not required to carry duplicative signals29 or video that is not Federal Communications Commission FCC 98-153 30See 47 U.S.C. §534(b)(3)(A); 47 U.S.C. §535(g). 31See 47 U.S.C. §§534(d) and 535(j). See also 47 C.F.R. §76.61. 32See 47 U.S.C. §534(h)(1)(C). See also 47 C.F.R. §76.59. 33Broadcast Signal Carriage Issues, MM Docket 92-259, 8 FCC Rcd 2965 (1993) ("Must Carry Order"); See also, Broadcast Signal Carriage Issues, MM Docket 92-259, 9 FCC Rcd 6723 (1994) ("Must Carry Reconsideration"). 3447 U.S.C. §336(b)(3). 35Telecommunications Act of 1996, Conference Report, 104th Cong., 2d Sess., Report 104-230 at 161. 3647 C.F.R. §§73.622-624. 37These standards were developed by the Advanced Television
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  • replicate substantially all of the programming of another full power television station in a market and also broadcast a minimum amount of original programming. See generally 47 C.F.R. §73.3555 at note 5. 47 U.S.C. §338(h)(1). 47 U.S.C. §338(h)(3). 17 U.S.C. §122(j)(2)(A). 17 U.S.C. §122(j)(2)(B). 17 U.S.C. §122(j)(2)(C). See 47 C.F.R. §76.55(e)(2). 47 C.F.R. §76.55(e)(2)(i). 47 U.S.C. §534(h)(1)(C). Id.; 47 C.F.R. §76.59. See Carriage of the Transmissions of Digital Television Broadcast Stations: Amendment of Part 76 of the Commission's Rules, Notice of Proposed Rulemaking, CS Docket No. 98-120, 13 FCC Rcd 15092, 15129 (1998) (``Digital Broadcast Signal Carriage Issues''). 47 C.F.R. §76.59. 47 U.S.C. §338(b)(1). Subsection(b)(2) of the SHVIA adds that the regulations issued under subsection (g), (regarding primary video, material degradation
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  • evidence indicating that WHAG-TV and WJAL-TV provide local programming, we conclude that deletion of Media General's cable communities from WHAG-TV and WJAL-TV's market for mandatory carriage purposes effectuates the purposes of Section 614 of the Communications Act. ORDERING CLAUSES 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 filed September 2, 1999, by Media General Cable of Fairfax County, Inc. IS GRANTED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau The communities served
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  • rights which exist in those communities relative to their own market are unaffected by grant of a such a waiver. Therefore, based upon our analysis of the evidence presented, we grant KDUH-TV's request for modification of its market. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended (47 U.S.C. §534(h) and §76.59), that the petition for special relief filed on behalf of Duhamel Broadcasting Enterprises IS GRANTED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau KDUH-TV states that these communities are served by two cable operators, Bresnan Telecommunications Company, LLC and
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  • Inc. Petition for Modification of the ADI Market of Station WYPX, Channel 55 Amsterdam, New York ) ) ) ) ) ) ) ) ) CSR-5451-A Adopted: March 9, 2000 Released: March 13, 2000 By the Deputy Chief, Cable Services Bureau: I. INTRODUCTION 1. Mid-Hudson Cablevision, Inc. (``Mid-Hudson'') has filed a petition with the Commission pursuant to Sections 76.7 and 76.59 of the Commission's rules which seeks to delete certain communities served by Mid-Hudson from the television market of WYPX, (Channel 55), Amsterdam, New York. Specifically, Mid-Hudson requests that the communities served by its Catskill, New York headend be excluded from WYPX's television market. The communities include Ashland, Athens (Town), Athens (Village), Bethlehem, Cairo, Catskill (Town), Catskill (Village), Claverack, Coeymans, Coxsackie
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000880.doc
  • 14, 2000 Released: April 18, 2000 By the Deputy Chief, Cable Services Bureau: introduction Community Television Systems, Inc. and United Cable Television Services Corporation ("TCI-C") have filed a petition seeking partial reconsideration of Paxson New York License, Inc., ("Bureau Order"), which granted in part a market modification petition filed by Paxson New York License, Inc. pursuant to Sections 76.7(a) and 76.59(a) of the Commission's rules. The Bureau Order added a number of Connecticut communities to the market of television station WBPT-TV, Bridgeport, Connecticut, and declined to add certain other communities to that station's market. TCI-C's petition seeks reconsideration of the determination to add the communities of Berlin, Bristol, Farmington, New Britain, and Plainville, Connecticut (the ``Communities'') to WBPT-TV's market. SAH-New York
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001007.doc
  • in Comcast's modification petition set forth in paragraph 22 above, the arguments raised by Comcast and KRPV in reference to the above-described must carry complaint are now moot. As such, KRPV's must carry complaint will be dismissed. ORDERING CLAUSES 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-5508-A), filed by Comcast Cablevision of New Mexico, Inc. IS GRANTED. IT IS FURTHER ORDERED, that the must carry complaint filed December 21, 1999, on behalf of Prime Time Christian Broadcasting, Inc. IS DISMISSED. These actions are taken pursuant to authority delegated by Section 0.321 of
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001534.doc
  • the remaining communities served by Time Warner, we find that KJLA and the communities are co-located within the same DMA, and that the station has properly requested carriage on channel 57 of Time Warner's cable systems. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the petition for partial reconsideration (CSR-5096-A), filed by Costa De Oro Television, Inc., IS DENIED. IT IS FURTHER ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the petition for partial
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001804.doc
  • into account such factors as mountains and valleys that are not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. §76.59(b). 47 C.F.R. §76.7. 47 U.S.C. §534. 47 C.F.R. §0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 00-1804 Federal Communications Commission DA 00-1804 p ° ° @& ° Š `
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001879.doc
  • decision in Comcast's modification petition set forth in paragraph 25 above, the arguments raised by Comcast and WAGV in reference to the above-described must carry complaint are moot. As such, WAGV's must carry complaint will be dismissed. ORDERING CLAUSES 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-5535-A), filed by Comcast Cablevision of the South d/b/a Comcast of Oak Ridge, Inc. IS GRANTED. IT IS FURTHER ORDERED, that the must carry complaint (CSR-5544-M) filed April 26, 2000, on behalf of Living Faith Ministries, Inc. IS DISMISSED. These actions are taken pursuant to authority
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002039.doc
  • Inc. For Modification of the DMA Market Of Television Station KDOC-TV ) ) ) ) ) ) ) ) ) CSR-5549-A Adopted: September 5, 2000 Released: September 7, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION Avenue TV Cable Service, Inc. (``Avenue Cable'') has filed a petition with the Commission pursuant to Sections 76.7 and 76.59 of the Commission's rules, seeking to delete certain communities from the designated market area (``DMA'') of television station KDOC-TV, (Channel 56), Anaheim, California (``KDOC''). Specifically, Avenue requests that the City of Ventura and the unincorporated portions of western Ventura County, California (the ``Ventura Communities'') be excluded from KDOC's television market. KDOC filed an opposition to which Avenue replied. BACKGROUND Pursuant
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002240.doc
  • Their inclusion, therefore, is not relevant to this proceeding. For the few communities remaining, the information provided by KJLA is not specific enough to make an accurate determination as to which cable system may serve these communities. ORDERING CLAUSES 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-5556-A), filed by MediaOne of Los Angeles, Inc. and MediaOne Group, Inc. IS GRANTED. IT IS FURTHER ORDERED that the must carry complaint filed on behalf of Costa de Oro Television, Inc. IS DISMISSED. These actions are taken pursuant to authority delegated by Section 0.321 of
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.doc http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.txt
  • list of bargaining proposals that are not consistent with competitive marketplace considerations and the good faith negotiation requirement. NCTA Comments at 4; Time Warner Reply at 14-15. U S West Comments at 8-9; BellSouth Comments at 24; WCA Comments at 17. U S West Comments at 8-9; BellSouth Comments at 24; WCA Comments at 17, each citing 47 C.F.R. § 76.59(c). NAB Reply at 21, citing 47 U.S.C. § 325(b)(3); Network Affiliates Reply at 40. 47 U.S.C. § 325(b)(1) (emphasis added). 47 U.S.C. § 325(e)(4). Notice at 20. Id. Network Affiliate Comments at 24. Fox Comments at 3. LTVS Reply at 9. 47 U.S.C. § 325(b)(3)(C). 47 C.F.R. § 76.64(m) (``Exclusive retransmission consent agreements are prohibited. No television broadcast station shall
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.txt
  • (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). See also 47 C.F.R. §76.59. See Must Carry Order, 8 FCC Rcd 2965. See Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, FCC 00-224 at para. 65 (released June 30, 2000)(``700 MHz Order''). See 700 MHz Order at para. 65. Id. Id. Id. 47 U.S.C.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020905.html
  • St., SW Washington, D.C. 20554 Vol. 21 No. 172 News media information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 202/418-2555 September 5, 2002 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: 45313 Released: 09/05/2002. BROADCAST ACTIONS. MB [1]DOC-225904A1.txt Report No: 25313 Released: 09/05/2002. BROADCAST APPLICATIONS. MB [2]DOC-225906A1.txt Released: 09/05/2002. CORRECTION TO SECTION 76.59 RULES PERTAINING TO DEFINITIONS OF MARKETS. (DA No. 02-2147). (Dkt No 95-178). MB. Contact: Kenneth Lewis 202-418-2622 [3]DA-02-2147A1.doc [4]DA-02-2147A1.pdf [5]DA-02-2147A1.txt Released: 09/05/2002. TARIFF TRANSMITTALS PUBLIC REFERENCE LOG. WCB. Contact: 202-418-0270 [6]DOC-225921A1.pdf [7]DOC-225921A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- ACCOUNTING SAFEGUARDS UNDER THE TELECOMMUNICATIONS ACT OF 1996: SECTION 272(D) BIENNIAL AUDIT PROCEDURES. Denied SBC Communications Inc.'s request for confidential treatment of information
• http://www.fcc.gov/mb/engineering/76print.html
  • Review. [9]76.11 Lockbox enforcement. Subpart B -- Registration Statements [10]76.29 Special temporary authority. Subpart C -- Federal-State/Local Regulatory Relationships [Reserved] Subpart D -- Carriage of Television Broadcast Signals [11]76.51 Major television markets. [12]76.53 Reference points. [13]76.54 Significantly viewed signals; method to be followed for special showings. [14]76.55 Definitions applicable to the must-carry rules. [15]76.56 Signal carriage obligations. [16]76.57 Channel positioning. [17]76.59 Modification of television markets. [18]76.60 Compensation for carriage. [19]76.61 Disputes concerning carriage. [20]76.62 Manner of carriage. [21]76.64 Retransmission consent. [22]76.65 Good faith and exclusive retransmission consent complaints. [23]76.66 Satellite broadcast signal carriage. [24]76.70 Exemption from input selector switch rules. Subpart E -- Equal Employment Opportunity Requirements [25]76.71 Scope of application. [26]76.73 General EEO policy. [27]76.75 EEO program requirements. [28]76.77 Reporting
• http://www.fcc.gov/mb/engineering/part76.pdf
  • Statements § 76.29 Special temporary authority. Subpart C-Cable Franchise Applications § 76.41 Franchise application process. Subpart D-Carriage of Television Broadcast Signals § 76.51 Major television markets. § 76.53 Reference points. § 76.54 Significantly viewed signals; method to be followed for special showings. § 76.55 Definitions applicable to the must-carry rules. § 76.56 Signal carriage obligations. § 76.57 Channel positioning. § 76.59 Modification of television markets. § 76.60 Compensation for carriage. § 76.61 Disputes concerning carriage. § 76.62 Manner of carriage. § 76.64 Retransmission consent. § 76.65 Good faith and exclusive retransmission consent complaints. § 76.66 Satellite broadcast signal carriage. § 76.70 Exemption from input selector switch rules. Page 1of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... Subpart E-Equal Employment Opportunity