FCC Web Documents citing 76.61

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

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  • 5577-M Adopted: October 31, 2000 Released: November 2, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: introduction The Board of Education of the City of New York (``Board''), licensee of non-commercial television station WNYE-TV, New York, New York (``WNYE''), filed a complaint pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and 76.61(b) of the Commission's rules, claiming entitlement to mandatory carriage of WNYE in certain communities in New Jersey served by Service Electric Cable TV of New Jersey, Inc. (``Service Electric''). Service Electric filed an opposition to the complaint, and the Board filed a reply. background Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that
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  • Service Electric's cable system. Brunson indicates that on June 2, 2000, it notified Service Electric that WGTW was entitled to carriage on channel 48, the channel number on which the Station broadcasts over-the-air, on Service Electric's cable system serving the cable communities. Brunson asserts that Service Electric failed to reply to the June 2, 2000 letter in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of such requests. Consequently, Brunson filed the instant complaint. In its opposition, Service Electric states that it serves 125,000 subscribers, with 3,400 of those subscribers receiving service on the system's limited basic tier on channels 2-13, 50-65, 97, 98 and 99.
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  • KALO states that, by letter dated October 13, 2000, Oceanic refused to carry KALO because it did not provide a good quality signal to the system's principal headend. KALO indicates, however, that Oceanic provided no technical data to support this allegation. KALO argues that when a cable operator refuses a station carriage on the basis of poor signal quality, Section 76.61(a)(2) of the Commission's rules requires the cable operator to provide a list of the equipment used to make the measurements, the point of measurement, a list and detailed description of the reception and over-the-air signal processing equipment used, and the methodology used for processing the signal at issue. In this case, KALO states, Oceanic not only did not provide any
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  • full power commercial and 3 full power noncommercial stations. WWDP states that Norwell Television acquired ownership in June 2000 and, on or about October 17, 2000, it formally requested carriage on Adelphia's Amesbury system. WWDP states that Adelphia never responded to this request and that its failure to respond therefore would be considered a refusal of carriage pursuant to Section 76.61(a)(5)(ii) of the Commission's rules. WWDP states that its complaint is timely in that it was filed within 60 days of Adelphia's failure to respond. WWDP argues that it is a fully qualified local commercial television station, as defined by Section 76.55(c) of the Commission's rules, because its carriage will not cause increased copyright liability for Adelphia and it specifically agrees
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  • is located within the same DMA as the Grisham Fayetteville cable system, it is entitled to mandatory carriage on that system. KBEJ asserts that it formally requested Grisham to commence carriage of its signal on channel 2 of the cable system at issue. KBEJ claims that Grisham did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide Grisham with a good quality signal. KBEJ requests that we order Grisham to commence carriage of its signal on
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  • same DMA as the Pine Forest Alum Creek cable system, it is entitled to mandatory carriage on that system. KBEJ asserts that it formally requested Pine Forest to commence carriage of its signal on channel 2 of the cable system at issue. KBEJ claims that Pine Forest did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide Pine Forest with a good quality signal. KBEJ requests that we order Pine Forest to commence carriage of its
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  • it is located within the same DMA as the Charter cable system, it is entitled to mandatory carriage on that system. KBEJ asserts that it formally requested Charter to commence carriage of its signal on channel 2 of the cable system at issue. KBEJ claims that Charter did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide Charter with a good quality signal. KBEJ requests that we order Charter to commence carriage of its signal on
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  • quality signal to the system's principal headend. WLPX states that, in a letter dated December 8, 2000, it requested carriage of the station on the Adelphia system serving Portsmouth, Ohio, and the surrounding environs. WLPX asserts that Adelphia did not respond to its request for mandatory carriage within thirty (30) days of receipt of such request, in violation of Section 76.61(a)(2) of the Commission's rules. WLPX acknowledges that Adelphia eventually responded to its request for carriage and stated, in a January 17, 2001 letter, that WLPX would not be carried due to potential consumer confusion, subscribers' complaints, and a delay in the rebuild of its system. WLPX argues that the reasons Adelphia provided for not carrying the station have been rejected
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  • those systems. KBEJ asserts that it formally requested BRDC to commence carriage of its signal on channel 2 of the cable systems at issue. KBEJ notes that BRDC denied its must carry request because signal strength testing BRDC conducted at each of the headends in question did not receive a signal. KBEJ argues that BRDC did not comply with Section 76.61(a)(2) of the Commission's rules because it did not provide the information the cable operator is required to provide the station when it denies carriage. According to KBEJ, it is committed to do whatever is needed to provide BRDC with a good quality signal. KBEJ requests that the Commission order BRDC to commence carriage of its signal on channel 2 of
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  • the same DMA as the Classic cable systems serving the cable communities, it is entitled to mandatory carriage on those systems. KBEJ asserts that it formally requested Classic to commence carriage of its signal on channel 2 of the cable systems at issue. KBEJ claims that Classic did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. According to KBEJ, it is committed to do whatever is needed to provide Classic with a good quality signal. KBEJ requests that the Commission order Classic to commence carriage of its signal on channel 2 of
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  • DMA, as defined by Nielsen Media Research. A DMA is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. DISCUSSION In support of its complaint, WQPX states that it requested carriage on Blue Ridge's system by letter dated December 21, 2000. WQPX states that although Blue Ridge was obligated, pursuant to Section 76.61(a)(2) of the Commission's rules, to respond to this request within thirty days, stating its reasons if it failed to carry the station, its first response did not include the test results of WQPX's signal the system had indicated in an earlier phone call that it would perform. WQPX states that only after a second letter to Blue Ridge did the
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  • Time Warner subsequently denied carriage on the Banning System, the South Pasadena System, the Chatsworth System and the Gardena System for KRPA's alleged failure to provide a good quality signal pursuant to Section 76.55(c)(3) of the Commission's rules. KRPA states that Time Warner failed to respond to its request for carriage on the Huntington Beach System as required by Section 76.61(a)(2) of the Commission's rules. In its response to the denial letters, KRPA states that it advised Time Warner that it was only broadcasting between the hours of 6-8 p.m. daily and requested that Time Warner re-test its signal during those hours. At the same time, KRPA states that it offered to provide Time Warner with a good quality signal by
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  • full-power UHF television station licensed to a community located within the Los Angeles DMA as are the communities served by AT&T. KRPA indicates that by letters dated January 17, 2001, shortly after commencing broadcasting under Program Test Authority, it requested carriage on AT&T's systems. KRPA states that AT&T failed to respond to its requests for carriage, as required by Section 76.61(a)(2) of the Commission's rules nor did it cooperate with KRPA or commence carriage of its signal. KRPA maintains that, contrary to its must carry obligations, AT&T appears unwilling to carry KRPA in lieu of a non-broadcast service. KRPA argues that neither the 1992 Cable Act nor the Commission's rules afford AT&T such discretion. KRPA requests that the Commission require AT&T
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  • UHF television station licensed to a community located within the Los Angeles DMA as are the communities served by Verizon. KRPA indicates that by a letter dated January 17, 2001, shortly after commencing broadcasting under Program Test Authority, it requested carriage on Verizon's systems. KRPA states that AT&T failed to respond to its requests for carriage, as required by Section 76.61(a)(2) of the Commission's rules nor did it cooperate with KRPA or commence carriage of its signal. KRPA states that it sent a second letter on March 29, 2001, informing Verizon that it would seek to enforce its must carry rights. Mediacom's responded by refusing to carry KRPA due to the station's status as a permittee rather than a licensee. Additionally,
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  • full-power UHF television station licensed to a community located within the Los Angeles DMA as are the communities served by Mediacom. KRPA indicates that by letters dated January 17, 2001, shortly after commencing broadcasting under Program Test Authority, it requested carriage on Mediacom's systems. KRPA states that Mediacom failed to respond to its requests for carriage, as required by Section 76.61(a)(2) of the Commission's rules, nor did it cooperate with KRPA or commence carriage of its signal. KRPA states that it sent a second letter on March 29, 2001, informing Mediacom that it would seek to enforce its must carry rights. Mediacom's response to these letters was that it would not consider carriage until KRPA presented a copy of its license.
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  • viewing patterns. See 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. and Attachment A. Complaint at 2. See 47 C.F.R. � 76.61(a)(2). Complaint, Attachment A. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 C.F.R. � 76.57; see Must Carry Order at 2988. 47 C.F.R. � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 01-2297 Federal Communications Commission DA 01-2297 N O P � � � P [ P [ *[
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  • viewing patterns. See 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. and Attachment A. Complaint at 2. See 47 C.F.R. � 76.61(a)(2). Complaint at 4, n. 4. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). See Must Carry Order, 8 FCC Rcd at 2991, where the Commission also noted that ``it is the television station's obligation to bear the costs associated with delivering a good quality signal to the system's principal headend.'' Id.
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  • negotiations. Although Charter rejected written negotiations, KXLA states that the system continued oral negotiations periodically until June 25, 2001 when, in the course of a meeting, Charter agreed to provide KXLA with a signed letter agreement for carriage. KXLA states that when Charter failed to furnish this letter on the date agreed, it filed the instant complaint, pursuant to Section 76.61(a)(5)(ii) of the Commission's rules. KXLA maintains that, contrary to its must carry obligations, Charter appears unwilling to carry KXLA in lieu of a non-broadcast service. KXLA argues that neither the 1992 Cable Act nor the Commission's rules afford Charter such discretion. KXLA requests that the Commission require Charter to commence carriage of its signal on the subject cable systems. In
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  • stations to be unsupported. Consequently, we find that W49BV is not a qualified LPTV station as contemplated by Section 614(h)(2) of the Act and is not entitled to mandatory carriage on the subject cable systems. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended (47 U.S.C. �534(d)(3)) and Sections 76.7 and 76.61(a) of the Commission's rules (47 C.F.R. ��76.7 and 76.61(a)), the petition for reconsideration filed by Larry L. Schrecongost against TCI of Pennsylvania, Inc., Adelphia Cable Communications, Hollis Corporation d/b/a Bethel Cable TV, Summerville Cablevision, Inc., and Commuter Cable Television IS DENIED. This action is taken pursuant to authority delegated by Sections 0.321 and 1.106 of the Commission's rules. FEDERAL COMMUNICATIONS
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  • rules, WWDP(TV) states that the cable operator must provide a list of equipment used to make the measurements, the point of measurement and a list and detailed description of the reception and over-the-air signal processing equipment used, including sketches such as block diagrams and a description of the methodology used for processing the signal at issue. See 47 C.F.R. � 76.61(a)(2). According to WWDP(TV), Adelphia failed to act in accordance with this rule when it denied WWDP(TV) carriage on October 23, 2000. WWDP(TV) states that Adelphia did not attempt to conduct reliable tests until after WWDP(TV) filed its must carry complaint and until after Adelphia denied the station carriage. WWDP(TV) Reply at 2. WWDP(TV) Reply at 2. See Must Carry Order,
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  • defined by Nielsen Media Research's DMAs. Complaint at 4, citing 47 C.F.R. �76.55(c). Id. at 2 and Exhibit I. Id. at 3 n.7 and Exhibit II. Id. at 4. Opposition at 1, citing 47 U.S.C. �534(d)(1). Id. at 1-2 and Exhibit A, citing 47 U.S.C. �534(h)(1(B)(iii) and 47 C.F.R. �76.55(c)(3). Reply at 2. Id. Id. at 4. 47 C.F.R. � 76.61(a). See Colonial Cablevision of Revere, Inc., Memorandum Opinion and Order, 76 FCC 2d 56 (1980). 47 C.F.R. �76.55(e). See, e.g., WMFP, Inc., 11 FCC Rcd 17264 (CSB 1996); KSLS, Inc., 11 FCC Rcd 12718 (CSB 1996). 47 C.F.R. �0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 01-442 Federal Communications Commission DA 01-442 � � � �����Ž�(c)�����--````````````````````````````````----�---------------�� �- @&
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  • as WWDP, that WWDP's carriage will not cause increased copyright liability, or that the cable system has the channel capacity to accommodate WWDP's signal. Although SCC has claimed that its signal strength test of WWDP resulted in a -85 dBm signal level, WWDP argues that SCC has failed to provide any evidence to support this claim, as required by Section 76.61(a)(2) of the Commission's rules. Specifically, WWDP states that the cable operator must provide a list of the equipment used to make the measurements, the point of measurement, and a list and detailed description of the reception and over-the-air signal processing equipment used, including sketches such as block diagrams and a description of the methodology used for processing the signal at
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  • ) ) ) ) ) ) ) ) ) CSR-5632-M Adopted: April 2, 2001 Released: April 3, 2001 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: introduction Paxson Oklahoma License, Inc. (``Paxson''), licensee of commercial television station KOPX-TV (Channel 62), Oklahoma City, Oklahoma, (``KOPX-TV'') filed a must carry complaint with the Commission, pursuant to Sections 76.7 and 76.61 of the Commission's rules, against Cox Communications (``Cox''). Paxson alleges that Cox has failed to carry the signal of KOPX-TV without material degradation on a basic service tier channel uniformly available to all Cox subscribers on its systems serving Edmond, Oklahoma and communities in Logan, Canadian, and Cleveland Counties, Oklahoma (the ``cable communities''), as required under the Commission's rules. Cox
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  • was filed. KRPV requests that the Commission compel TCI to commence carriage of KRPV's signal on the subject cable systems and to continue such carriage until such time as KRPV makes a contrary election or ceases to qualify for must carry status. In opposition, TCI argues that KRPV's complaint is untimely and should be dismissed. TCI points out that Section 76.61(a)(5) of the Commission's rules states that no must carry complaint will be accepted by the Commission if filed more than 60 days after the denial of carriage by a cable operator. In this instance, TCI states that KRPV apparently relies on TCI's failure to respond to its September 11, 2000 letter in order to calculate the time for filing its
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  • contends that because it is located within the same DMA as the Comcast Tucumcari cable system, it is entitled to mandatory carriage on that system. KPTF asserts that it formally requested that Comcast commence carriage of the Station's signal on its cable system. KPTF claims that Comcast did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. KPTF has committed to do whatever is needed to provide Comcast with a good quality signal. KPTF requests that the Commission order Comcast to commence carriage of its signal on Comcast's Tucumcari cable system. In opposition,
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  • Fremont's headend, and presenting engineering options for the delivery of a good quality signal. WLMB's letter further stated that, in any event, pursuant to Section 76.55(c)(3), it would be responsible for the costs of delivering a ``good quality signal'' to Fremont's headend. WLMB claims that Fremont did not directly respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. Although Fremont has not objected to WLMB's petition, correspondence between the parties indicates that both parties acknowledge that WLMB's signal may not provide a good quality signal to Fremont's headend. However, WLMB has agreed to bear
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  • ) ) ) ) ) ) CSR 5841-M MEMORANDUM OPINION AND ORDER Adopted: May 31, 2002 Released: June 5, 2002 By the Deputy Chief, Policy Division, Media Bureau: introduction Sage Broadcasting Corporation ("Sage"), licensee of low power television ("LPTV") station KIDU-LP, Brownwood, Texas, filed a complaint pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and 76.61(a) of the Commission's Rules, claiming entitlement to mandatory carriage of KIDU-LP in the communities of Brownwood, Santa Anna, Cross Plains, Rising Star, Clyde, and Baird, Texas (the ``Communities''), on the cable systems of Brownwood Cable Television Services, Inc. ("Brownwood"). Brownwood filed an opposition to the complaint and Sage filed a reply. discussion Both the Communications Act of 1934, as amended,
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  • 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. and Attachment A. Complaint at 2 and Attachment A. See 47 C.F.R. � 76.61(a)(2). Complaint at 3. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 C.F.R. � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 02-134 Federal Communications Commission DA 02-134 ` a b � b m b m .m @& �0� �0� �0� �0� �0� �0� ��� � m � �
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  • of Station W43BR Baraboo, Wisconsin ) ) ) ) ) ) ) ) ) ) CSR-5849-M MEMORANDUM OPINION AND ORDER Adopted: July 2, 2002 Released: July 3, 2002 By the Chief, Policy Division, Media Bureau: introduction Baraboo Broadcasting Corp. (``Baraboo''), licensee of low power television station (``LPTV'') W43BR (``W43BR'' or the ``Station''), Baraboo, Wisconsin, filed a complaint pursuant to Section 76.61 of the Commission's rules, asserting mandatory carriage rights for W43BR on Charter Communications Inc.'s (``Charter'') cable system serving Sauk City, Prairie du Sauk, Spring Green and Plain, Wisconsin (``cable communities''). Charter filed an opposition to the complaint to which Baraboo replied. For the reasons discussed below, we deny the complaint. background Both the Communications Act of 1934, as amended, and
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  • 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. and Attachment A. Complaint at 2 and Attachment A. See 47 C.F.R. � 76.61(a)(2). Complaint at 3. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 C.F.R. � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 02-170 Federal Communications Commission DA 02-170 B C D � � � �$ D O D O @& �0� �0� �0� �0� �0� �0� ��� �
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  • same DMA as the Total TV cable system serving the cable community, it is entitled to mandatory carriage on that system. KAZA asserts that it formally requested that Total TV commence carriage of the Station's signal on the cable system at issue. KAZA claims that Total TV did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. According to KAZA, it is committed to do whatever is needed to provide Total TV with a good quality signal. KAZA requests that the Commission order Total TV to commence carriage of its signal on the
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  • carriage rights on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its petition, WIPX states that it formally demanded carriage on Charter's cable system by letter dated February 27, 2002. Despite the fact that Charter was required by Section 76.61(a)(2) of the Commission's rules to respond to this request within thirty days, WIPX states that it received no response. WIPX filed the instant complaint within sixty days of Charter's failure to respond, as required by Section 76.61(a)(5) of the Commission's rules. WIPX argues that it meets the definition of a ``local commercial television station'' because it is located within the
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  • ) ) ) ) ) ) ) CSR-5918-M MEMORANDUM OPINION AND ORDER Adopted: October 16, 2002 Released: October 18, 2002 By the Deputy Chief, Policy Division, Media Bureau: introduction TCT of Michigan, Inc. (``TCT''), licensee of television broadcast station WTLJ(TV), Muskegon, Michigan (``WTLJ'' or the ``Station''), has filed a must carry complaint with the Commission pursuant to Sections 76.7 and 76.61(a) of the Commission's rules, claiming that Charter Communications (``Charter'') has failed to commence carriage of WTLJ on Charter's cable system serving Coldwater, Michigan. TCT requests that the Commission order Charter to commence carriage of WTLJ on channel 54, its over-the-air broadcast channel. Charter filed an opposition to which TCT replied. For the reasons discussed below, we grant TCT's complaint. background
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  • Television Station WDYR-LP Dyersburg, Tennessee ) ) ) ) ) ) ) ) ) ) ) CSR-5920-M MEMORANDUM OPINION AND ORDER Adopted: October 24, 2002 Released: October 28, 2002 By the Deputy Chief, Policy Division, Media Bureau: introduction Tri-State Christian TV, Inc., licensee of low power television station (``LPTV'') WDYR-LP (``WDYR''), Dyersburg, Tennessee, filed a complaint pursuant to Sections 76.56(b)(3), 76.61(a) and 76.7 of the Commission's rules, asserting mandatory carriage rights for WDYR on Blytheville TV Cable Company's (``Blytheville'') Blytheville, Arkansas cable system. Blytheville filed an opposition to which WDYR replied. For the reasons discussed below we deny the complaint. background Both the Communications Act of 1934, as amended, and the Commission's rules require the carriage of ``qualified'' LPTV stations in
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  • ) ) ) ) CSR 5937 MEMORANDUM OPINION AND ORDER Adopted: October 28, 2002 Released: October 30, 2002 By the Deputy Chief, Policy Division, Media Bureau: introduction Millenium Communications & Productions ("Millenium"), licensee of low power television ("LPTV") station KLNM-LP (``KLNM-LP''), Lufkin, Texas, filed a complaint pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and 76.61(a) of the Commission's Rules, claiming entitlement to mandatory carriage of KLNM-LP on the cable system of Cox Communications (``Cox'') serving the community of Lufkin, Texas. Cox filed an opposition to the complaint. background Both the Communications Act of 1934, as amended, and the Commission's rules require the carriage of "qualified" LPTV stations in certain limited circumstances. An LPTV station that
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  • Physical System Identification numbers (``PSID'') associated with the headends at issue are on file with the Commission. See PSID numbers 001964, 001915, 001740, 002722, 001723, 006477, 005474, 005475, 001559, 016790, 005432, 020280, 003281, 002143, 003335, 002152, 001965, 003383, 002150, 002145, 006084, 003859, 002142, 000214, 013533. Supplement to Reply at 3. Id. at 10-11. 47 U.S.C. � 535(g)(4). 47 CFR � 76.61(a)(2). Clarification Order, 8 FCC Rcd at 4143. Reconsideration Order, 9 FCC Rcd at 6736. See also 47 CFR � 76.61. 47 U.S.C. � 534(h)(1)(B)(iii). Id. See also 47 C.F.R. � 76.55(c((3). Reconsideration Order, 9 FCC Rcd at 6735-36. Opposition at 4 and Exhibit 3. AT&T now carries KMTP on these two headends at Hayward and Fremont. Supplement to Reply at
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  • carriage rights on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its petition, WZPX states that it formally requested carriage on BCI's cable system by letter dated May 23, 2002. Despite the fact that BCI was required by Section 76.61(a)(2) of the Commission's rules to respond to this request within thirty days, WZPX states that it received no response. WZPX filed the instant complaint within sixty days of BCI's failure to respond, as required by Section 76.61(a)(5) of the Commission's rules. WZPX argues that it meets the definition of a ``local commercial television station'' because it is located within the
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  • carriage rights on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its petition, KPXB states that it formally requested carriage on CMA's cable system by letter dated May 24, 2002. Despite the fact that CMA was required by Section 76.61(a)(2) of the Commission's rules to respond to this request within thirty days, KPXB states that it received no response. KPXB filed the instant complaint within sixty days of CMA's failure to respond, as required by Section 76.61(a)(5) of the Commission's rules. KPXB argues that it meets the definition of a ``local commercial television station'' because it is located within the
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  • ) ) ) ) ) ) CSR-5941-M MEMORANDUM OPINION AND ORDER Adopted: December 3, 2002 Released: December 6, 2002 By the Deputy Chief, Policy Division, Media Bureau: introduction Pappas Southern California License, LLC (``Pappas''), licensee of television broadcast station KAZA-TV (UHF Channel 54), Avalon, California (``KAZA''), has filed a must carry complaint with the Commission pursuant to Sections 76.7 and 76.61(a)(3) of the Commission's rules, claiming that Adelphia Communications (``Adelphia'') has failed to commence carriage of KAZA on Adelphia's cable systems serving Anaheim, Hacienda Heights, and Ventura, California (the ``Communities''). The complaint is unopposed and will be granted in part and dismissed in part. background Under Section 614 of the Communications Act of 1934, as amended, and implementing rules adopted by
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  • on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its petition, KCFG states that it formally requested carriage on Eagle West's cable systems by letter dated June 24, 2002. Despite the fact that Eagle West was required by Section 76.61(a)(2) of the Commission's rules to respond to this request within thirty days, KCFG states that it received no response. KCFG filed the instant complaint within sixty days of Eagle West's failure to respond, as required by Section 76.61(a)(5) of the Commission's rules. KCFG argues that it meets the definition of a ``local commercial television station'' because it is located within
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  • 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. and Attachment A. Complaint at 2 and Attachment A. See 47 C.F.R. � 76.61(a)(2). Complaint at 3. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 C.F.R. � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 02-47 Federal Communications Commission DA 02-47 [ \ ] � ] h ] h .h @& �0� �0� �0� �0� �0� �0� ��� � h
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  • 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. and Attachment A. Complaint at 2 and Attachment A. See 47 C.F.R. � 76.61(a)(2). Complaint at 3. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 C.F.R. � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 02-48 Federal Communications Commission DA 02-48 ... � � � � ' � ' .' @& �0� �0� �0� �0� �0� �0� ��� 9 � ' �
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  • patterns. See 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. at Exhibits A, C. Complaint at 2-4. See 47 C.F.R. � 76.61(a)(2). See 47 C.F.R. � 76.61(a)(2). CS' letter stated that it did not receive a usable signal at its Point Mugu headend. The letter noted that the operator used ``both a parabolic and quad array type UHF antenna and [did] not receive a strong enough signal at [KAZA's] frequency to provide a TASO grade 1 picture (S/N 46 db or better
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  • patterns. See 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. and Exhibits A, C. Complaint at 2-3. See 47 C.F.R. � 76.61(a)(2). Complaint at 4. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 C.F.R. � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 02-593 Federal Communications Commission DA 02-593 � � � ! ! � @& �0� �0� �0� �0� �0� �0� ��� K � (c)
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  • located within the same DMA as the Catalina cable system serving the cable community, it is entitled to mandatory carriage on that system. KAZA asserts that it formally requested that Catalina commence carriage of the Station's signal on the cable system at issue. KAZA claims that Catalina did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. According to KAZA, it is committed to do whatever is needed to provide Catalina with a good quality signal. KAZA requests that the Commission order Catalina to commence carriage of its signal on the cable system
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  • DMA as the Time Warner Barstow cable system serving the cable community, it is entitled to mandatory carriage on that system. KAZA asserts that it formally requested that Time Warner commence carriage of the Station's signal on the cable system at issue. KAZA claims that Time Warner did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. According to KAZA, it is committed to do whatever is needed to provide Time Warner with a good quality signal. KAZA requests that the Commission order Time Warner to commence carriage of its signal on the
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  • rules contain a two-part must carry process. Section 76.64(f)(2) of the Commission's rules requires that television broadcast stations make an election between must carry and retransmission consent status every three years. This KDCG-LP did in its September 16, 2002 letter to Cox. Such a letter, however, is merely an election notice and not a demand for carriage pursuant to Section 76.61(a)(1) of the Commission's rules. Cox's September 26, 2002 denial of carriage, therefore, was premature and would not have triggered the 60-day complaint cycle under Section 76.61(a)(5)(i) of the rules. However, because the parties have raised arguments relative to the must carry status of KDCG-LP on Cox's cable systems, we will treat this as a formal must carry complaint and will
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  • its signal. We will grant KXLA's complaint. Initially, with regard to procedural issues, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. From the evidence before us, we find that KXLA's September 27, 2002 letter to Rand District to be an election notice, pursuant to Section 76.64(f)(4) of the Commission's rules and not an actual demand for carriage pursuant to Section 76.61(a) of the rules. As a result, Rand District's October 1, 2002 response would not have triggered
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  • with the January 1, 2003 election period. KXLA states that Lone Pine denied this request on October 2, 2002 based on its inability to receive an adequate off-air signal from KXLA's Mt. Wilson transmitter site. KXLA states, however, that Lone Pine's denial failed to include any engineering showing to support its allegation of poor signal quality; a violation of Section 76.61(a)(2) of the Commission's rules. KXLA maintains that it can provide a good quality signal to Lone Pine's principal headend. It states that it has arranged for satellite delivery of its station, at its own expense, to other cable headends in the Los Angeles DMA and has advised Lone Pine that it is prepared to use this means of delivery if
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  • ) ) ) ) CSR 6050-M CSR 6073-M MEMORANDUM OPINION AND ORDER Adopted: April 15, 2003 Released: April 16, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Costa de Oro Television, Inc. (``Costa''), licensee of television broadcast station KJLA-TV (Ind. Ch. 57), Ventura, California (``KJLA''), has filed must carry complaints with the Commission pursuant to Sections 76.7 and 76.61(a)(3) of the Commission's rules, claiming that Cox Communications (``Cox'') and Comcast Corporation [formerly MediaOne] (``Comcast'') have failed to commence carriage of KJLA on their cable systems serving several southern California communities (the ``Communities''). Both Cox and Comcast have filed Oppositions and Costa has filed replies. For the reasons stated below, we deny the relief Costa seeks. background Under Section 614
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  • ) ) ) ) CSR 6071-M CSR 6055-M MEMORANDUM OPINION AND ORDER Adopted: April 15, 2003 Released: April 16, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Costa de Oro Television, Inc. (``Costa''), licensee of television broadcast station KJLA-TV (Ind. Ch. 57), Ventura, California (``KJLA''), has filed must carry complaints with the Commission pursuant to Sections 76.7 and 76.61(a)(3) of the Commission's rules, claiming that Catalina Cable TV Company (``Catalina'') and Sierra Dawn Cablevision (``Sierra'') have failed to commence carriage of KJLA on their cable systems serving Avalon and Hemet, California, respectively (the ``Communities''). The complaints are unopposed. For the reasons stated below, we grant the relief Costa seeks. DISCUSSION Under Section 614 of the Communications Act of 1934,
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  • located within the same DMA as the Cox cable systems serving the cable communities, it is entitled to must carry status on the two Cox systems. KBEJ asserts that Cox did not respond in writing to its December 15, 2001 request for mandatory carriage in the cable communities within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission rules. KBEJ notes that, in a late response, Cox denied its must carry request arguing that KBEJ was not entitled to mandatory carriage because KBEJ was not in the Austin, Texas DMA. KBEJ states that it is committed to ``do whatever is necessary'' to deliver a good quality signal to Cox. In opposition, Cox asserts that KBEJ
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  • by Nielsen Media Research. In support of its petition, WIDP states that by letter dated August 7, 2002, it notified Liberty of its election of must carry status and expressed its preference for carriage on cable channel 18. When Liberty failed to respond to this letter, WIDP states that it formally demanded carriage on September 10, 2002, pursuant to Section 76.61(a) of the Commission's rules. WIDP states that its complaint was timely filed within 60 days of Liberty's failure to respond to this demand letter. WIDP argues that because it is a full-power station licensed to a community within the same DMA as Liberty's cable system, it is entitled to carriage on the system. WIDP states that it provides a signal
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  • ) ) ) ) ) CSR 6116-M MEMORANDUM OPINION AND ORDER Adopted: April 25, 2003 Released: April 28, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Jovon Broadcasting Corporation (``Jovon''), licensee of television broadcast station WJYS-TV (Ind. Ch. 62), Hammond, Indiana (``WJYS-TV''), has filed a must carry complaint and request for declaratory ruling pursuant to Sections 76.7 and 76.61(a)(3) of the Commission's rules, claiming that RCN Communications Corporation (``RCN'') has failed to commence carriage of WJYS-TV on its cable systems serving Chicago and Skokie, Illinois (the ``Communities''), as required by the Commission's rules. RCN filed an Opposition to the Complaint and Jovon filed a Reply. For the reasons stated below, we grant the relief Jovon seeks. background Under Section
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  • 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). See Must Carry Order, 8 FCC Rcd at 2991. Petition at 1. Id. at 2; see 47 C.F.R. � 76.61(a)(2). Petition at 3; see 47 C.F.R. � 76.55(c)(3). Opposition at 3. Id., Exhibit 1. 47 C.F.R. � 76.55. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. �76.55(c)(3). 47 C.F.R. � 76.57; see Must Carry Order, 8 FCC Rcd at 2988. 47 C.F.R. � 0.283. (...continued from previous page) (continued...) Federal Communications Commission DA 03-1436 Federal Communications Commission
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  • KBLN(TV) (Channel 30), Grants Pass, Oregon ) ) ) ) ) ) ) ) ) ) CSR-6062-M Adopted: May 5, 2003 Released: May 8, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Better Life Television, Inc. (``BLT''), licensee of television broadcast station KBLN(TV), Grants Pass, Oregon (``KBLN''), filed the above-captioned must carry complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules, asserting mandatory rights for KBLN on Charter Communications' (``Charter'') cable system serving Klamath Falls, Oregon. BLT requests that the Commission order Charter to commence carriage of KBLN on channel 30, its over-the-air broadcast channel. Charter Communications filed an opposition to which KBLN replied. background Under Section 614 of the Communications Act of 1934, as amended (``Communications
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  • KBLN(TV) (Channel 30), Grants Pass, Oregon ) ) ) ) ) ) ) ) ) ) CSR-6065-M Adopted: May 5, 2003 Released: May 8, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Better Life Television, Inc. (``BLT''), licensee of television broadcast station KBLN(TV), Grants Pass, Oregon (``KBLN''), filed the above-captioned must carry complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules, asserting mandatory rights for KBLN on Falcon Cable's (``Falcon'') cable system serving Alturas, California. BLT requests that the Commission order Falcon to commence carriage of KBLN on channel 30, its over-the-air broadcast channel. Falcon Cable Systems Company II, L.P., d/b/a Charter Communications filed an opposition to which KBLN replied. background Under Section 614 of the Communications
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  • KBLN(TV) (Channel 30), Grants Pass, Oregon ) ) ) ) ) ) ) ) ) ) CSR-6066-M Adopted: May 5, 2003 Released: May 8, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Better Life Television, Inc. (``BLT''), licensee of television broadcast station KBLN(TV), Grants Pass, Oregon (``KBLN''), filed the above-captioned must carry complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules, asserting mandatory rights for KBLN on Charter Communications' (``Charter'') cable system serving Port Orford, Oregon. BLT requests that the Commission order Charter to commence carriage of KBLN on channel 30, its over-the-air broadcast channel. Charter filed an opposition to which KBLN replied. background Under Section 614 of the Communications Act of 1934, as amended (``Communications Act''),
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  • station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Petitions at 2. See supra n.2 (Comcast Communities). Id. at 1. Id. at 2; see 47 C.F.R. � 76.61(a)(2). Petitions at 3; see 47 C.F.R. � 76.55(c)(3). Oppositions at 2. Id., Exhibit 1. 47 C.F.R. � 76.55. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. �76.55(c)(3). 47 C.F.R. � 76.57; see Must Carry Order, 8 FCC Rcd at 2988. 47 C.F.R. � 0.283. (...continued from previous page) (continued...) Federal Communications Commission DA 03-1518 Federal Communications Commission
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  • dated September 27, 2002, it requested must carry status on the MediaCom cable systems, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period. KXLA states that MediaCom failed to respond to this request and, as a result, it filed the instant complaint within 60 days of MediaCom's failure to respond pursuant to Section 76.61(a)(5)(ii) of the Commission's rules. KXLA maintains that it can provide a good quality signal to MediaCom's principal headends. It states that it has arranged for satellite delivery of its station, at its own expense, to other cable headends in the Los Angeles DMA and has advised MediaCom that it is prepared to use this means of delivery if necessary. KXLA
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  • a community located within the Philadelphia, Pennsylvania DMA as are the Comcast Communities. WBPH indicates that by letter dated September 30, 2002, it elected must carry status on Comcast's cable system, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period and, at the same time, requested carriage on Comcast's system, pursuant to Section 76.61(a) of the Commission's rules. WBPH states that Comcast never responded to this request and it accordingly filed the instant complaint within 60 days of Comcast's failure to respond. WBPH notes that, although Comcast never formally responded to its carriage request, Comcast has cooperated with WBPH to the extent of arranging for signal strength tests at its system's principal headend. WBPH
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  • Pass, Oregon ) ) ) ) ) ) ) ) ) ) CSR-6061-M Adopted: May 7, 2003 Released: May 8, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Better Life Television, Inc. (``BLT''), licensee of television broadcast station KBLN(TV), Grants Pass, Oregon (``KBLN''), filed the above-captioned must carry complaint against Charter Communications (``Charter'') pursuant to Sections 76.7 and 76.61 of the Commission's rules, asserting mandatory rights for KBLN on Charter's cable systems serving Brookings, Gold Beach and Port Orford, Oregon (``cable communities) served by Charter's Crescent City, Oregon headend. BLT requests that the Commission order Charter to commence carriage of KBLN on channel 30, its over-the-air broadcast channel. Charter Communications filed an opposition to which KBLN replied. background Under
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  • KBLN(TV) (Channel 30), Grants Pass, Oregon ) ) ) ) ) ) ) ) ) ) CSR-6064-M Adopted: May 9, 2003 Released: May 12, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Better Life Television, Inc. (``BLT''), licensee of television broadcast station KBLN(TV), Grants Pass, Oregon (``KBLN''), filed the above-captioned must carry complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules, asserting mandatory rights for KBLN on Northland Cable, Inc.'s (``Northland'') cable system serving Mount Shasta, California. BLT requests that the Commission order Northland to commence carriage of KBLN on channel 30, its over-the-air broadcast channel. Northland filed an opposition to which KBLN replied. background Under Section 614 of the Communications Act of 1934, as amended (``Communications
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  • 2002, it requested must carry status on Communications Services' cable systems, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period. KXLA states that Communications Services failed to respond to this request and, as a result, it filed the instant complaint within 60 days of the cable system's failure to respond pursuant to Section 76.61(a)(5)(ii) of the Commission's rules. KXLA maintains that it can provide a good quality signal to Communications Services' principal headends. It states that it has arranged for satellite delivery of its station to other cable headends in the Los Angeles DMA and has advised Communications Services that it is prepared to use this means of delivery if necessary. KXLA therefore requests
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  • of the Commission's rules, beginning with the January 1, 2003 election period. We note, however, that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. We find KXLA's September 27, 2002 letter to News-Press to be an election notice, pursuant to Section 76.64(f)(4) of the Commission's rules and not an actual demand for carriage pursuant to Section 76.61(a) of the rules. As a result, News-Press' failure to respond would not have triggered the 60-day complaint cycle required by Section 76.61(a)(5) of
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  • contain a two-part must carry process. Section 76.64(f)(2) of the Commission's rules requires that television broadcast stations make an election between must carry and retransmission consent status every three years. This WKFK-LP did in its September 9, 2002 letter to Cable One. Such a letter, however, is merely an election notice and not a demand for carriage pursuant to Section 76.61(a)(1) of the Commission's rules. Cable One's October 23, 2002 denial of carriage, therefore, was premature and would not have triggered the 60-day complaint cycle under Section 76.61(a)(5)(i) of the rules. However, because the parties have raised arguments relative to the must carry status of WKFK-LP on Cable One's system, we will treat this as a formal must carry complaint and
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  • a community located within the Philadelphia, Pennsylvania DMA as are the Comcast Communities. WBPH indicates that by letter dated September 30, 2002, it elected must carry status on Comcast's cable systems, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period and, at the same time, requested carriage on Comcast's system, pursuant to Section 76.61(a) of the Commission's rules. WBPH states that, for three of the cable systems, Comcast never responded to these requests. For the Comcast Cablevision of Philadelphia cable system, however, Comcast denied carriage based on WFPH's poor signal quality. WBPH states that it accordingly filed the instant complaints within either 60 days of Comcast's failure to respond or Comcast's denial of carriage.
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  • serving the cable communities. With regard to procedural issues, the Commission's must carry rules require television stations to follow a two step notification process. Section 76.64(f) provides that stations notify cable systems that they are electing retransmission consent or must carry status.14 If a station believes that a cable operator is not meeting its carriage obligations under this section, Section 76.61(a) provides that the station notify the cable operator of its alleged failure.15 Christian TV's August letters to Tele-Media were clearly notices of must carry election as the letters cited Section 76.64(f) of the rules. The record does not reflect that Christian TV subsequently notified Tele-Media under Section 76.61(a). However, because the parties have filed responsive pleadings in this proceeding, we
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  • Exhibit 3. 21See 47 C.F.R. � 76.55(d). However, the Commission's rules limit the number of qualified LPTV stations a cable system is required to carry. 47 C.F.R. � 76.56(b)(3). Allen has not indicated that this limit has been reached. 2247 C.F.R. �76.55(d)(4). 23Citrus County Association v. Mickelson Media, 16 FCC Rcd 20,713, 20,717 (2001). 24Opposition at 2-3. 2547 C.F.R. � 76.61(a)(2). 26R y F Broadcasting v. Cable TV of Greater San Juan, 14 FCC Rcd 6821, 6823 (CSB 1999). 27Reply at 2-3, and Exhibit A. 28Letter dated Feb. 26, 2003. 29Opposition at Exhibit 1. (...continued from previous page) (continued....) Federal Communications Commission DA 03-1871 Federal Communications Commission DA 03-1871 1 : � : ; F f 0 : i n <
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  • 2 and Exhibits 2, 3 and 4. 9 Id. at 4-5. 10 Reply at 2-5. 11 Id. at 5-8, and Exhibit B. 12 Id. at 8-9 (emphasis original). 13 Id. at 9 n.13. 14 Id. at 8 n.11 and Exhibit B; see Opposition at Exhibit 4 (block diagram); Must Carry Order, 8 FCC Rcd 2965, 2990-2991 (1993); 47 C.F.R. � 76.61(a)(2). 15 Complaint at Exhibit B. 16 Opposition at 2 n.3. 17 Id. at 2. Although Cox is not required to have a principal headend collocated with a cable system, they are often collocated. Further, although Cox is not required to register a principal headend with the Commission, it is required to register cable television systems. 47 C.F.R. � 76.1801. Our
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  • carriage of its signal on Channel 2 of the LaVernia cable system on December 11, 2002. KBEJ claims that LaVernia denied carriage of the Station arguing that it was not obligated to carry the KBEJ signal because KBEJ failed to provide a good quality signal to LaVernia's headend. KBEJ asserts that in its response, LaVernia failed to comply with Section 76.61(a)(2) of the Commission's rules. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide LaVernia with a good quality signal. KBEJ requests that the Commission order LaVernia to commence carriage of its signal on Channel 2 of the cable system serving the cable communities. Commercial television broadcast stations, such as KBEJ, are entitled
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  • its signal on Channel 2 of the Hallettsville cable system on December 11, 2002. KBEJ claims that CMA denied carriage of the Station arguing that it was not obligated to carry the KBEJ signal because KBEJ failed to provide a good quality signal to CMA's Hallettsville principal headend. KBEJ asserts that in its response, CMA failed to comply with Section 76.61(a)(2) of the Commission's rules. According to KBEJ, it is committed to acquire and install any improvements and equipment needed to provide CMA with a good quality signal. KBEJ requests that the Commission order CMA to commence carriage of its signal on Channel 2 of the cable system serving the cable communities. Commercial television broadcast stations, such as KBEJ, are entitled
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  • Commission's rules requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. Id. at n.2. Id. at 1-2. Id. at 2 and Exhibit C. Id. Section 76.61(a)(2) of the Commission's rules states that if a cable operator denies carriage on the basis of the failure of the station to deliver a good quality signal at the cable system's principal headend, the cable operator must provide a list of equipment used to take the measurements, the point of measurement and a list and detailed description of the reception
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  • ) ) ) ) ) ) CSR 6164-M CSR 6166-M MEMORANDUM OPINION AND ORDER Adopted: July 21, 2003 Released: July 23, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Family Stations, Inc. (``FSI''), licensee of television broadcast station WFME-TV (Ch. 66), West Milford, NJ (``WFME''), has filed must carry complaints with the Commission pursuant to Sections 76.7 and 76.61 of the Commission's rules, claiming that Time Warner Cable (``Time Warner'') and RCN of New York (``RCN'') have failed to commence carriage of WFME-TV on their respective cable systems. Time Warner and RCN filed Oppositions. WFME-TV filed a reply to each Opposition. For the reasons stated below, we dismiss the Station's carriage complaints. BACKGROUND Section 76.55(a) of the Commission's rules
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  • Id. at n.1. Id. Id. at 2. Id. at 2 and Exhibit E. Id. at 4. Opposition at 1- 3. Id. at Exhibit A. Reply at 2. Id.; see Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Issues Clarification Orde, 8 FCC Rcd 4142, 4143 (1993)(``Must Carry Clarification Order''). Reply at 2-4. See Section 76.61 of the Commission's rules. 47 C.F.R. � 0.283. (...continued from previous page) (continued...) Federal Communications Commission DA 03-2581 Federal Communications Commission DA 03-2581 m n � � @& w y 0 �
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  • C.F.R. �76.55(c)(3). Alabama Cable also points out the ``Unlike a full power commercial broadcaster, an LPTV cannot resurrect its complaint with promises to deliver a good quality signal.'' Opposition at 4 n.13, citing Implementation of Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, 8 FCC Rcd. 1965, 2991 (1993). 7Reply at 2-4, citing 47 C.F.R. �76.61(a)(2), and Exhibits A and B. 8Reply at 4. 9Id.at 5-7, and Exhibit D (emphasis original). 1047 C.F.R. �76.55(d)(4). 11Citrus County Association v. Mickelson Media, 16 FCC Rcd 20,713, 20,717 (2001). 1247 C.F.R. �76.61(a)(2); see, e.g., Complaint of Channel 5, 8 FCC Rcd 4953 (1993). 1347 C.F.R. �76.61(a)(2). 14Id. 15Distance was determined using a program available at www.indo.com/distance/index. 16Supra n.12. 17Opposition
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  • between retransmission consent and must carry status. 47 C.F.R. � 76.55(e)(2)(ii). If a station failed to make an election in 2002, it is considered to have must carry status. 47 C.F.R. � 76.64(f)(3). 5 Complaint at 1 and Exhibit A. 6 Complaint at 1. Cable systems are required by the Commission rules to respond within 30 days. 47 C.F.R. � 76.61(a)(2). 7 Complaint at 1. Corridor states that ``KBEJ(TV) has attempted to serve a copy of its Must Carry Complaint on all relevant franchising authorities governing the Cable Unlimited cable system within the San Antonio, Texas DMA. The franchising authorities were derived from the 2002 TV Factbook. If the franchising authorities served prove to be incomplete, KBEJ(TV) will immediately serve any
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  • ) ) ) ) ) ) CSR 6201-M MEMORANDUM OPINION AND ORDER Adopted: October 17, 2003 Released: October 20, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction KVMD Licensee Co., LLC, licensee of television broadcast station KVMD-DT (Ind. Ch. 23), Twentynine Palms, California (``KVMD''), has filed a must carry complaint with the Commission pursuant to Sections 76.7 and 76.61(a)(3) of the Commission's rules, claiming that Sierra Dawn Cablevision (``Sierra'') has failed to commence carriage of KVMD on its cable system serving Hemet, California. The complaint is unopposed. For the reasons stated below, we grant the relief KVMD seeks. DISCUSSION The Commission has held that a broadcaster initiating DTV-only service is entitled to mandatory carriage for its digital signal consistent
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  • 47 C.F.R. �76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. � 76.55(e). Complaint at 1, n.1. Id. at 2. Id. at Exhibit II. Id. at Exhibit III. KUTF points out that Comcast failed to include its signal test data at the time of this denial as required by Section 76.61(a)(2) of the Commission's rules. See 47 C.F.R. � 76.61(a)(2). Id. at Exhibit IV. Id. at 2-3; see also 47 C.F.R. � 76.61(a)(3). Id. at 3, citing 47 C.F.R. � 76.55(2)-(3). Id. Opposition at 1. Id. at 2, citing 47 C.F.R. � 76.55(c)(3). Id. at Exhibit 2. We note that Comcast raised some issues in its complaint, to which KUTF responded,
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  • that on March 17, 2003, it formally requested Jackpot to commence carriage of its signal on Channel 3 of the cable system serving the cable communities. KUTF asserts that Jackpot did not respond in writing to its March 17, 2003 request for mandatory carriage in the cable communities within 30 days of receipt of such request as required by Section 76.61(a)(5)(ii) of the Commission's rules. KUTF asserts that because Jackpot did not respond to the Station's must carry request, KUTF does not know if it can deliver a good quality signal to Jackpot's principal headend, but that it is committed to deliver, at its own expense, a good quality signal to Jackpot's principal headend. KUTF requests that the Commission order Jackpot
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  • March 17, 2003, it formally requested Provo Cable to commence carriage of its signal on Channel 3 of the cable system serving the cable communities. KUTF asserts that Provo Cable did not respond in writing to its March 17, 2003 request for mandatory carriage in the cable communities within 30 days of receipt of such request as required by Section 76.61(a)(5)(ii) of the Commission's rules. KUTF asserts that because Provo Cable did not respond to the Station's must carry request, KUTF does not know if it can deliver a good quality signal to Provo Cable's principal headend, but that is committed to deliver, at its own expense, a good quality signal to Provo Cable's principal headend. KUTF requests that the Commission
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  • that on March 17, 2003, it formally requested Colonial to commence carriage of its signal on Channel 3 of the cable system serving the cable communities. KUTF asserts that Colonial did not respond in writing to its March 17, 2003 request for mandatory carriage in the cable communities within 30 days of receipt of such request as required by Section 76.61(a)(5)(ii) of the Commission's rules. KUTF asserts that because Colonial did not respond to the Station's must carry request, KUTF does not know if it can deliver a good quality signal to Colonial's principal headend, but that it is committed to deliver, at its own expense, a good quality signal to Colonial's principal headend. KUTF requests that the Commission order Colonial
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  • KUTF asserts that on March 17, 2003, it formally requested Dugway to commence carriage of its signal on Channel 3 of the Dugway, Utah cable system. KUTF asserts that Dugway did not respond in writing to its March 17, 2003 request for mandatory carriage in the cable communities within 30 days of receipt of such request as required by Section 76.61(a)(5)(ii) of the Commission's rules. KUTF asserts that because Dugway did not respond to the Station's must carry request, KUTF does not know if it can deliver a good quality signal to Dugway's principal headend, but that it is committed to deliver, at its own expense, a good quality signal to Dugway's principal headend. KUTF requests that the Commission order Dugway
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  • that on March 17, 2003, it formally requested Levan Cable to commence carriage of its signal on Channel 3 of the Levan, Utah cable system. KUTF asserts that Levan Cable did not respond in writing to its March 17, 2003 request for mandatory carriage in the cable communities within 30 days of receipt of such request as required by Section 76.61(a)(5)(ii) of the Commission's rules. KUTF asserts that because Levan Cable did not respond to the Station's must carry request, KUTF does not know if it can deliver a good quality signal to Levan Cable's principal headend, but that it is committed to deliver, at its own expense, a good quality signal to Levan Cable's principal headend. KUTF requests that the
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  • ) ) ) ) ) ) ) ) CSR 6177-M CSR 6178-M MEMORANDUM OPINION AND ORDER Adopted: November 6, 2003 Released: November 7, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Price Broadcasting, Inc. (``Price''), permittee of television broadcast station KUFT(TV) Price, Utah (``KUTF''), filed the captioned must carry complaints with the Commission pursuant to Sections 76.7 and 76.61(a)(3) of the Commission's rules, claiming that Precis Communications, LLC and Myvocom, Inc. (``Cable Operators'') have failed to commence carriage of KUFT on their cable systems serving certain communities in the Salt Lake City, Utah Designated Market Area (the ``Communities''). The complaints are unopposed and will be granted. background Under Section 614 of the Communications Act of 1934, as amended, and
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  • states that the Station and Lone Pine's cable systems are both located in the Los Angeles DMA. KVMD states that by certified letters dated May 5, 2003, it elected and sought mandatory carriage on Lone Pine's cable systems. The Station asserts that Lone Pine failed to respond to KVMD's request within the required 30 days of receipt pursuant to Section 76.61(a)(2) of the Commission's rules. Lone Pine subsequently filed a petition for special relief seeking modification of KVMD's market. Lone Pine's market modification arguments are set forth below. History of carriage. Lone Pine asserts that KVMD's digital signal has no history of carriage on its cable systems. Lone Pine states that this lack of carriage is not surprising considering that KVMD
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  • carriage on Knology's cable system because WBIH's city of license and Knology's cable communities are both located in the Montgomery, Alabama DMA. WBIH states that, by letter dated May 28, 2002, it formally demanded carriage on Knology's cable system. WBIH states that when Knology failed to provide a written response to this request within the thirty days required by Section 76.61(a)(2) of the Commission's rules, it contacted Knology by phone and was informed that its carriage request was denied because it duplicated another station in the DMA. WBIH argues, however, that this contention was unsupported and Knology did not name the duplicating station. WBIH states that it then sent Knology a second letter, rebutting the allegation of duplication and requesting that
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  • KAZH-TV (Channel 57), Baytown, Texas ) ) ) ) ) ) ) ) ) ) CSR-6226-M Adopted: December 18, 2003 Released: December 22, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction KAZH License, LLC (``KAZH License''), licensee of television broadcast station KAZH-TV, (Channel 57) Baytown, Texas (``KAZH''), filed the above-captioned must carry complaint pursuant to Sections 76.7 and 76.61(a)(3) of the Commission's rules, asserting mandatory rights for KAZH on Cable One, Inc.'s (``Cable One'') cable system serving Port Lavaca, Texas. KAZH License requests that the Commission order Cable One to commence carriage of KAZH on the cable system in question. Cable One filed an opposition to which KAZH replied. background Under Section 614 of the Communications Act of 1934,
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  • signal. Second, the broadcaster must afford the cable operator thirty days to respond to the demand for carriage. Cox contends that Reynolds did not comply with these prerequisites, although Cox does not state with specificity what event should have triggered the thirty day period in which the cable operator had to respond. Cox also contends that Reynolds never cited Section 76.61 of the rules in any correspondence. Accordingly, Cox argues that the complaint should be dismissed on procedural grounds. Cox argues that even if the Commission does not dismiss the complaint on procedural grounds, Reynolds has not established that the station is entitled to mandatory carriage rights. Cox contends that the station has not satisfied the programming standards applicable to low
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  • Carriage of KAZH-TV (Channel 57), Baytown, Texas ) ) ) ) ) ) ) ) ) ) CSR-6225-M Adopted: December 23, 2003 Released: December 24, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction KAZH License, LLC (``KAZH License''), licensee of television broadcast station KAZH-TV, Baytown, Texas (``KAZH''), filed the above-captioned must carry complaint pursuant to Sections 76.7 and 76.61(3) of the Commission's rules, asserting mandatory rights for KAZH on Cox Communications' (``Cox'') cable systems serving Huntsville, Corrigan and Livingston, Texas (``Cable Communities). KAZH License requests that the Commission order Cox to commence carriage of KAZH on the three cable systems in question. Cox filed an opposition to which KAZH replied. background Under Section 614 of the Communications Act of
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  • Rico ) ) ) ) ) ) ) ) ) ) ) ) CSR-6004-M MEMORANDUM OPINION AND ORDER Adopted: February 11, 2003 Released: February 13, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Senda Broadcasting Network (``Senda''), licensee of low power television station W15BB, Channel 15, San Juan, Puerto Rico (``W15BB''), has filed a complaint pursuant to Sections 76.61(a) and 76.7 of the Commission's rules, asserting mandatory carriage rights on Adelphia Communications' (``Adelphia'') cable system serving San Juan and Levittown, Puerto Rico (the ``cable communities''). Adelphia filed an opposition to which Senda did not reply. For the reasons discussed below we deny the complaint. background The Communications Act of 1934, as amended, and the Commission's rules require the carriage
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  • the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. � 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. � 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. Complaint at 3 and Exhibit C. Id. See 47 C.F.R. � 76.61(a)(2). Since no opposition was filed, there has been no allegation that KM failed to provide Mark Twain with a good quality signal. In any event, we note that KM committed to do whatever is needed to provide Mark Twain with a good quality signal. Complaint at 3. 47 C.F. R. � 0.283. (...continued from previous page) (continued...) Federal Communications Commission
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  • be defined by Nielsen Media Research's DMAs. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. at 3 and Exhibit B. Id. at 4 and Exhibit B. See 47 C.F.R. � 76.61(a)(2). Id. at 5. 47 C.F.R. � 76.55. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 C.F.R. � 76.57; See Must Carry Order, 8 FCC Rcd at 2988. While it is unclear from the record whether KCFG elected must carry status or defaulted to must carry status for the current election period which commenced on
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  • is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its petition, KCFG states that it sent its must carry election letter to Cable One on January 16, 2001 and formally requested carriage on Cable One's cable systems by letter dated June 24, 2002. Despite the fact that Cable One was required by Section 76.61(a)(2) of the Commission's rules to respond to this request within thirty days, KCFG states that it received no response. KCFG filed the instant complaint within sixty days of Cable One's failure to respond, as required by Section 76.61(a)(5) of the Commission's rules. KCFG argues that it meets the definition of a ``local commercial television station'' because it is located within
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  • ) ) ) ) ) ) ) CSR 6025-M MEMORANDUM OPINION AND ORDER Adopted: March 10, 2003 Released: March 12, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Agape Church, Inc. ("Agape"), licensee of television station KVTH-TV (``KVTH-TV''), Hot Springs, Arkansas, filed a complaint pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and 76.61(a) of the Commission's Rules, claiming entitlement to mandatory carriage of KVTH-TV on the cable systems of Community Communications, Inc. (``Community'') serving the communities of Magic Springs, East Camden, Friendship, Donaldson, Jones Mill, Norman, Pearcy, Royal, and unincorporated portions of Clark and Garland Counties, Arkansas (the ``Communities''). Community filed an opposition to the complaint and Agape filed a reply. discussion Under
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  • ) ) ) ) ) ) ) CSR 6026-M MEMORANDUM OPINION AND ORDER Adopted: March 10, 2003 Released: March 12, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Agape Church, Inc. ("Agape"), licensee of television station KVTN-TV (``KVTN-TV''), Pine Bluff, Arkansas, filed a complaint pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and 76.61(a) of the Commission's Rules, claiming entitlement to mandatory carriage of KVTN-TV on the cable systems of Community Communications, Inc. (``Community'') serving the communities of Arkansas City, Kingsland, Tillar/Reed and Gillett, Arkansas (the ``Communities''). Community filed an opposition to the complaint and Agape filed a reply. discussion Under Section 614 of the Communications Act of 1934, as amended, and implementing rules
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  • of Television Station WDYR-LP Dyersburg, Tennessee ) ) ) ) ) ) ) ) ) ) ) CSR-5961-M MEMORANDUM OPINION AND ORDER Adopted: January 10, 2003 Released: January 14, 2003 By the Deputy Chief, Policy Division, Media Bureau: introduction Tri-State Christian TV, Inc., licensee of low power television station (``LPTV'') WDYR-LP (``WDYR''), Dyersburg, Tennessee, filed a complaint pursuant to Sections 76.61(a) and 76.7 of the Commission's rules, asserting mandatory carriage rights for WDYR on Charter Communication's (``Charter'') cable system serving Newbern, Troy, Trimble, Obion and Union City, Tennessee ( the ``cable communities''). Charter filed an opposition to which WDYR replied. For the reasons discussed below we deny the complaint. background Both the Communications Act of 1934, as amended, and the Commission's
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  • CBS television affiliate in the Sioux City DMA and that Beresford is also in the Sioux City DMA, but that Beresford refuses to carry either KMEG signal. KMEG indicates that it formally requested that Beresford commence carriage of KMEG on the cable system. KMEG claims that Beresford did not respond to its request for mandatory carriage in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. KMEG requests that the Commission order Beresford to commence carriage of both KMEG's analog and digital signals on Beresford's cable system serving the Sioux Falls community. It also states that KMEG is entitled to channel position
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  • Issues Report and Order, 8 FCC Rcd 2965, 2991 (1993). 11WMTY, 18 FCC Rcd at 16551. 12We estimated that the cable headend is about 12.5 miles from WMTY. WMTY, 18 FCC Rcd at 16552. 13Reply to Opposition at n.7, and Opposition to Motion to Strike Late-Filed Reply at nn.6 and 10. 14WMTY, 18 FCC Rcd at 16551. 15See 47 C.F.R. �76.61(a)(2). (...continued from previous page) (continued....) Federal Communications Commission DA 04-1268 Federal Communications Commission DA 04-1268 1 � �@��� h h M P � � $ F �E � �
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  • 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Petitions at 2. Id. at 3. Id.; see 47 C.F.R. � 76.61(a)(2). Petitions at 4; see 47 � 76.55(c)(3). Classic states that it will initiate carriage of KEJB on the Bernice system within 60 days from the filing date of its opposition, February 17, 2004. Opposition at 1. Id. at 2-3. Id., Exhibit B. Reply at 2-4. KEJB states that Classic was informed of the station's operation at reduced power and should
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  • DMA. KEJB asserts that on October 2, 2003, it formally requested mandatory carriage of its signal on Epps' cable system serving the community of Epps. KEJB asserts that Epps did not respond in writing to its October 2, 2003 request for mandatory carriage in the community of Epps within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules and that, as a result, it is filing the instant complaint 60 days after Epps should have responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Epps' principal headend. At the outset, we note that the Commission's must carry requirements set
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  • asserts that on October 2, 2003, it formally requested mandatory carriage of its signal on Community's cable systems serving Kliborne and Oak Grove, Louisiana. KEJB asserts that Community did not respond in writing to its October 2, 2003 request for mandatory carriage in Kliborne and Oak Grove, Louisiana, within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules and that, as a result, it is filing the instant complaint 60 days after Community should have responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Community's principal headends. At the outset, we note that the Commission's must carry requirements set
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  • on October 2, 2003, it formally requested mandatory carriage of its signal on Northeast's cable systems serving Bayou Galion, Bonita and Collinston, Louisiana. KEJB asserts that Northeast did not respond in writing to its October 2, 2003 request for mandatory carriage in Bayou Galion, Bonita and Collinston, Louisiana, within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules and that, as a result, it is filing the instant complaint 60 days after Northeast should have responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Northeast's principal headends. At the outset, we note that the Commission's must carry requirements set
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  • are also in the Monroe, Louisiana - El Dorado, Arkansas DMA. KEJB asserts that on October 2, 2003, pursuant to Section 76.64(f)(4), it formally requested mandatory carriage of its signal on Charter's cable system serving the cable communities. KEJB asserts that Charter did not respond in writing to its October 2, 2003 letter, within 30 days as required by Section 76.61(a)(5)(i) of the Commission's rules and that, as a result, it filed the instant complaint within 60 days after Charter's failure to respond. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Charter's principal headends. In opposition, Charter maintains that KEJB did not comply with the Commission's two-step notification process when it failed
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  • on October 2, 2003, it formally requested mandatory carriage of its signal on Dean's cable systems serving Montrose, Parkdale, Portland and Wilmont, Arkansas. KEJB asserts that Dean did not respond in writing to its October 2, 2003 request for mandatory carriage in Montrose, Parkdale, Portland and Wilmont, Arkansas, within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules and that, as a result, it is filing the instant complaint 60 days after Dean should have responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Dean's principal headends. At the outset, we note that the Commission's must carry requirements set
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  • - El Dorado, Arkansas DMA. KEJB asserts that on October 2, 2003, it formally requested mandatory carriage of its signal on Squire's cable system serving Choudrant, Lousiana. KEJB asserts that Squire did not respond in writing to its October 2, 2003 request for mandatory carriage in Choudrant, Louisiana, within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules and that, as a result, it is filing the instant complaint 60 days after Squire should have responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Squire's principal headend. At the outset, we note that the Commission's must carry requirements set
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  • - El Dorado, Arkansas DMA. KEJB asserts that on October 31, 2003, it formally requested mandatory carriage of its signal on Chatham's cable system serving Chatham, Louisiana. KEJB asserts that Chatham did not respond in writing to its October 31, 2003 request for mandatory carriage in Chatham, Louisiana, within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules and that, as a result, it is filing the instant complaint 60 days after Chatham should have responded to the October 31, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Chatham's principal headend. At the outset, we note that the Commission's must carry requirements set
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  • requested mandatory carriage of its signal on Southwest's cable systems serving Banks Springs, Clarks, Columbia Heights, Gilbert and Grayson, Louisiana. KEJB asserts that Southwest did not respond in writing to its October 2, 2003 request for mandatory carriage in Banks Springs, Clarks, Columbia Heights, Gilbert and Grayson, Louisiana, within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules and that, as a result, it is filing the instant complaint 60 days after Southwest should have responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Southwest's principal headends. At the outset, we note that the Commission's must carry requirements set
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  • by Nielsen Media Research's DMAs. 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 2. Id. Id. at 3 and Exhibit B. Id. and Exhibit C. Id. at 4. Id.; see 47 C.F.R. � 76.61(a)(5)(i). Complaint at 4-5; see 47 C.F.R. � 76.55(c)(3). Opposition at 1. Opposition at 4. Id. Id. at 3 and Exhibit A. Id. at 3, n. 9. Reply at 1-2. Id. at 7-8. 18 FCC Rcd 7065, 7066 (MB 2003). Reply at 6. See Must Carry Order, 8 FCC Rcd at 2990. Id. at 2991. 47 C.F.R. � 0.283. (...continued from
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  • of WHTN on that cable system within 60 days. 12. This action is taken under authority delegated by Section 0.283 and 1.106 of the Commission's rules.24 FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau 1Christian Television Network, Inc. v. Tele-Media Company of Southwest Kentucky, 18 FCC Rcd 10653 (2003) (``Bureau Order''). 247 U.S.C. �534. 347 C.F.R. �76.55 - 76.61. 447 U.S.C. �534(h)(1)(C); 47 C.F.R. �76.55(e)(2). 547 U.S.C. �534(h)(1)(B)(iii); 47 C.F.R. �76.55(c)(3). 6Christian Television, 18 FCC Rcd at 10654-6. 7Petition for Reconsideration at 2-3, and Exhibit A. 8Id. at 4, and Exhibit B. 9Id. at 5. 10Id. at 5-7. 11Opposition at 1-4. 12Id. at 5-8. 13Reply at 1-2. 14Id. at 3-4. 15Motion for Leave to File and Response to Tele-Media
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  • that, as a result, it is filing the instant complaint 60 days after Cox's November 7, 2003 letter regarding Ruston, Jonesboro, Winnfield, Hodge, Jackson, Quitman, Vienna, Simsboro, Grambling, Mer Rouge and Winn, Louisiana. As to the community of Bastrop, Louisiana and KEJB's October 13, 2003 letter, KEJB's maintains that Cox failed to respond within 30 days as required by Section 76.61(a)(5)(i) of the Commission's rules. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Cox's principal headends. In its Motion to Dismiss, Cox argues that KEJB's complaint should be dismissed for the following reasons. First, because it is premature as the Station failed to comply with the notification process established by Section 534(d)(1)
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  • and determined that there were no leaks present. As to Bushman, STC has failed to set forth any facts in that case which illustrate how it is relevant to this proceeding. In the instant case, the licensee has failed to exercise due diligence in having an effective cable system leakage monitoring system, resulting in willful violation of Sections 76.605(a)(12) and 76.61(a)(1) of the Commission's Rules. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of STC with the Commission's Rules. Accordingly, the forfeiture amount is reduced from eight thousand dollars ($8,000) to six thousand four hundred dollars ($6,400). IV. ORDERING CLAUSES Accordingly, IT IS ORDERED THAT,
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  • stating its reasons for not complying with KFTR's relocation request. Telefutura maintains that TWI failed to relocate the Station as requested and respond to the June 9, 2003 request. Finally, Telefutura asks that TWI be ordered to commence carriage of KFTR on its over-the-air channel (channel 46). We grant Telefutura's channel positioning complaint. As noted above, Telefutura, pursuant to Section 76.61(a) of the Commission's rules, informed TWI that it was not meeting its channel positioning obligations, and requested that TWI come into compliance with the statutory channel positioning requirements. TWI, however, has failed to honor its obligation to either negotiate the positioning of KFTR on the South Pasadena and Gardena systems, or to begin carriage on the Station's over-the-air channel. In
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  • its over-the-air channel position, channel 23. KVMD states that by letter dated April 1, 2004, Comcast informed KVMD that Channel 23 was already occupied by another broadcast station, and that Comcast would choose a channel position for KVMD. On April 2, 2004, KVMD repeated its request for carriage on Channel 23, and submitted a demand for such, pursuant to Section 76.61(a) of the Commission's rules. KVMD states that, as an alternative, KVMD volunteered to discuss the possibility of another channel position with Comcast. KVMD states that Comcast denied KVMD's demand for carriage on Channel 23 based on the cable operator's claim that it had an existing channel positioning agreement with another broadcast station for Channel 23 and that Comcast further asserted
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  • this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its complaint, KQOK states that, by letter dated March 16, 2004, it formally requested carriage on Cebridge's systems on its over-the-air channel. KQOK states that Cebridge failed to respond to this request and such failure is considered a denial pursuant to Section 76.61(a)(5)(ii) of the Commission's rules. KQOK argues that it is a qualified local commercial television station licensed to Shawnee, Oklahoma, which is located in the Oklahoma City DMA as are the communities served by Cebridge. As a result, KQOK states that its carriage will not cause increased copyright liability for Cebridge. Further, KQOK asserts that if it does not provide a
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  • carriage and channel positioning rights at any time so long as they have not elected retransmission consent, which WXTV has not done in this instance. WXTV asserts that, contrary to what Patriot alleges, the instant complaint was timely filed, 60 days after Patriot failed to respond in writing to its August 1, 2003 demand for carriage, as required by Section 76.61(a)(2) of the Commission's rules. We disagree with Patriot's allegations that the Complaint is procedurally defective because it was untimely filed. In this regard, we note that WXTV's September 20, 2002 letter was clearly an election letter, filed pursuant to Section 76.64 of the Commission's rules, which requires commercial television stations to make a periodic election between retransmission consent and must
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  • broadcast stations are entitled to assert mandatory carriage rights on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its complaint, KLBY states that, by letter dated September 8, 2003, it requested carriage on Cable TV's system, pursuant to Section 76.61(a)(2) of the Commission's rules. KLBY states that Cable TV denied carriage, alleging that it was not required to carry KLBY because, pursuant to Section 76.56(b)(5) of the Commission's rules, another station affiliated with the ABC network is located closer to the cable system's principal headend than KLBY. KLBY argues that Cable TV's argument is an erroneous application of Section 76.56(b)(5)
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  • 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 -- OWNERSHIP OF CABLE SYSTEMS
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  • Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. Complaint at 1. Id. at 2. Id. and Exhibit A. Id. and Exhibit B. Id. at 3; see Must Carry Order, 8 FCC Rdc at 2991. Complaint at 2; see 47 C.F.R. � 76.61 Opposition at 1. Id. and Exhibit 1. Id. Reply at 1 Id. at 6. See 47 U.S.C. � 534(a)(1). See 47 U.S.C. � 534(h)(1)(A). See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991; see also 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC
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  • 1517 FCC Rcd at 21415. 16Id. 17Petition for Reconsideration at 3. 1817 FCC Rcd at 21415. 19See supra n. 13. 2017 FCC Rcd at 21415. 21See Implementation of the Cable Television Consumer Protection and Competition Act of 1992 - Broadcast Signal Carriage Issues, 9 FCC Rcd 6723, 6736 (1994); Must Carry Order, 8 FCC Rcd 2965, 2990-1 (1993); 47 C.F.R. �76.61(a)(2). 22Opposition at Exhibit 1, Declaration of Tommie Joe Hill. 23Cf., Alma College, 18 FCC Rcd 21027, 21028 (2003); 62 Broadcasting, 3 FCC Rcd 4429, 4441 and 4443 (1988). 24Supplement at 2 and Attachment. 25See supra n. 21. 26See supra n. 8. 2747 C.F.R. �76.55(d). (...continued from previous page) (continued....) Federal Communications Commission DA 05-2650 Federal Communications Commission DA 05-2650 1
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  • of the Communications Act of 1934, as amended, 47 U.S.C. � 535, that the must carry complaint filed by San Bernardino Community College District, licensee of noncommercial educational television broadcast station KVCR, San Bernardino, California against Adelphia California Cablevision LLC IS GRANTED IN PART and DENIED IN PART, as discussed herein. 14. IT IS FURTHER ORDERED, in accordance with Section 76.61(b)(2) of the Commission's rules, 47 C.F.R. �76.61(b)(2), that Adelphia California Cablevision LLC SHALL COMMENCE CARRIAGE of KVCR's signal on its cable systems serving the communities of El Monte, South Gate and Walnut Park, California, as well as surrounding environs, within forty-five (45) days from the date that KVCR provides a good quality signal to Adelphia's principal headend in La Mirada,
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  • CMA operates a cable television system that serves Pahrump. KHMP asserts that on September 27, 2004 it demanded mandatory carriage of its signal on CMA's cable system serving Pahrump Nevada. KHMP asserts that CMA did not respond in writing to its September 27, 2004 request for mandatory carriage within 30 days of receipt of such request as required by Section 76.61(a)(2). KHMP maintains that it qualifies for mandatory carriage on CMA's Pahrump system because it operates 24 hours per-day, far exceeding the minimum operating schedule established by Section 73.1740(a)(2) of the Commission's rules. The Station also contends that it addresses local news and informational needs not served by full power stations as evidenced by its programming; thus meeting the Commission's non-entertainment
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  • 8 & n.10; see also Application for Television Broadcast Station License, File No. BLCT-20040301AWJ (February 4, 2005) (noting that KPIF went on the air under program test authority on March 1, 2004). Horizon Broadcasting Corp. v. Horizon Cable I LP, Request for Carriage, 12 FCC Rcd 17360, 17362 (MB 1997). Although Horizon Broadcasting addressed carriage by cable operators under Section 76.61 of the Commission's rules, no principled reason supports a different result in the context of satellite carriage under Section 76.66. Because the Commission strives for parallel treatment of cable operators and satellite carriers wherever possible, we conclude that Horizon Broadcasting's finding with respect to stations broadcasting under program test authority applies with equal force to satellite carriage. See DBS Must
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  • cable system serving the cable communities herein. KVMD states that it filed a reconsideration to seek reversal of this order, but it remains pending before the Commission. KVMD states that, by certified letters dated September 21, 2005, it demanded must carry status on Time Warner's cable systems within the Los Angeles DMA for the 2006-2008 election period, pursuant to Section 76.61(a)(1) of the Commission's rules. Time Warner rejected this demand on October 12, 2005. As a result, KVMD states that it filed this complaint in order to assert and preserve its 2006-2008 must carry rights during the pendency of the above-described reconsideration proceeding. KVMD also requests that, upon reversal of the Time Warner decision, the Commission require Time Warner to carry
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  • its cable systems serving the cable communities herein. KVMD states that it filed a reconsideration to seek reversal of this order, but it remains pending before the Commission. KVMD states that, by certified letters dated November 7, 2005, it demanded must carry status on CoxCom's cable systems within the Los Angeles DMA for the 2006-2008 election period, pursuant to Section 76.61(a)(1) of the Commission's rules. CoxCom rejected this demand on November 14, 2005. As a result, KVMD states that it filed this complaint in order to assert and preserve its 2006-2008 must carry rights during the pendency of the above-described reconsideration proceeding. KVMD also requests that, upon reversal of the CoxCom Order, the Commission require CoxCom to carry the digital broadcast
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  • the following readings: 1:45 p.m. -85.45 dBm; 2:15 p.m. -82.95 dBm; 2:45 p.m. -83.15 dBm; and 3:15 p.m. -83.45 dBm. A second test conducted on February 21, 2006 resulted in the following readings: 6:00 p.m. -83.75 dBm; 6:30 p.m. -83.85 dBm; 7:00 p.m. -83.35 dBm; and 7:30 p.m. -83.45 dBm. Mediacom asserts that W62DE failed to comply with the Section 76.61(a) notification requirements and the Section 76.7(a)(3) service procedures. It points out that W62DE mailed its October 17, 2005 letter, as well as a copy of its must carry complaint, to a mystery address in New York City, New York, to an entity called ``Mediacom USA,'' which is not affiliated with Mediacom Communications Corp., whose headquarters is located in Middletown, New
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  • Act of 1934, as amended, 47 U.S.C. �534 that the must carry complaint filed by Ben B. Floyd, Trustee in Bankruptcy for Ortiz Broadcasting Corp., licensee of commercial educational television broadcast station KTRG-TV, Del Rio, Texas, against Time Warner Cable IS GRANTED IN PART and DENIED IN PART, as discussed herein. 9. IT IS FURTHER ORDERED, in accordance with Section 76.61(a)(4) of the Commission's rules, 47 C.F.R. �76.61(a)(4), that Time Warner Cable SHALL COMMENCE CARRIAGE of KTRG's signal on its cable systems serving the communities of Del Rio and Uvalde, Texas, as well as surrounding environs, within sixty (60) days from the date that KTRG provides a good quality signal to Time Warner's headends. 10. This action is taken under authority
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  • in this matter. IV. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to Section 614(d)(3) of the Communications Act of 1934, as amended, 47 U.S.C. � 534(d)(3), that the must carry complaint filed by Maranatha Broadcasting Company, licensee of television broadcast station WFMZ, Allentown, Pennsylvania against Armstrong Utilities, Inc. IS GRANTED. 10. IT IS FURTHERED ORDERED, in accordance with Section 76.61(b)(2) of the Commission's rules, 47 C.F.R. �76.61(b)(2), that Armstrong SHALL COMMENCE CARRIAGE of WFMZ's signal on its cable system serving the cable communities within forty-five (45) days from the date that WFMZ provides a good quality signal to Armstrong's headend. WFMZ shall be carried on the channel of the cable system as specified by Section 76.57 of the Commission's rules.
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  • on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its complaint, KVMD states that, by certified letter dated November 22, 2005, it demanded must carry status on Mountain Shadows' cable system for the 2006-2008 election period, pursuant to Section 76.61(a)(1) of the Commission's rules. Mountain Shadows failed to respond to this demand, as required by Section 76.61(a)(2) of the rules. KVMD asserts that it filed the instant complaint within 60 days of Mountain Shadows failure to respond, pursuant to Section 76.61(a)(5) of the rules. KVMD states that it is a full-service digital-only television station whose community of license is located
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  • rights on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its complaint, KVMD states that, by certified letter dated November 22, 2005, it demanded must carry status on CS's cable system for the 2006-2008 election period, pursuant to Section 76.61(a)(1) of the Commission's rules. CS rejected this demand on November 30, 2005, based on KVMD's purported failure to deliver a good quality over-the-air signal to the cable system's principal headend. KVMD argues that CS failed to provide any engineering data in its rejection letter to substantiate its claims of poor signal quality, as required by Section 76.61(a)(2) of the Commission's
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  • Angeles, California DMA. It states further that Mountain Shadows operates a cable television system that is also in the Los Angeles DMA. KXLA asserts that on November 23, 2005 it demanded that Mountain Shadows commence carriage of its signal on the system at issue, and that Mountain Shadows failed to respond to KXLA within 30 days as required by Section 76.61(a)(2) of the Commission's rules. According to KXLA, it is capable of, and committed to, providing Mountain Shadows' Rancho Palos Verdes cable system with a good quality signal. KXLA requests that the Commission order Mountain Shadows to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such
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  • in the Los Angeles, California DMA. It states further that Sierra operates a cable television system that is also in the Los Angeles DMA. KXLA asserts that on November 23, 2005 it demanded that Sierra commence carriage of its signal on the system at issue, and that Sierra failed to respond to KXLA within 30 days as required by Section 76.61(a)(2) of the Commission's rules. According to KXLA, it is capable of, and committed to, providing Sierra's Rancho Palos Verdes cable system with a good quality signal. KXLA requests that the Commission order Sierra to commence carriage of its signal on the cable system in question. Section 76.55(e) of the Commission's rules provides that commercial television broadcast stations, such as KXLA,
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  • 2005, it informed RCN of its must carry election and requested carriage on RCN's Philadelphia cable system pursuant to the Section 76.56 of the Commission's rules. WBPH asserts that RCN did not respond in writing to its November 30, 2005 letter requesting mandatory carriage in the cable communities within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules. WBPH asserts further that its signal is not substantially duplicated by any local commercial television station in the Philadelphia DMA. WBPH maintains that, if needed, it is willing to provide and install, at its own expense, whatever equipment it needs to provide a -45 dBm or better signal to the headend in question. In opposition, RCN
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  • face. Broadcasters may continue to send valid election and carriage demand letters to entities listed in the CUID database. The January letter was a valid carriage demand letter, and Charter's lack of response constitutes an effective denial of carriage. 7. The Commission's rules and precedent for setting forth must-carry complaint procedures are clear. ``No must-carry complaint filed pursuant to Section 76.61 will be accepted by the Commission if filed more than sixty (60) days after...the denial by a cable television system operator of a request for carriage...'' As we have said previously, time limits for filing must-carry complaints are necessary to balance the interest of broadcasters in asserting carriage rights with the interest of cable operators in having certainty in their
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  • used, as well as its age and most recent date(s) of calibration; 2) description(s) of the characteristics of the equipment used, such as antenna ranges and radiation patterns; 3) height of the antenna above ground level and whether the antenna was properly oriented; and 4) weather conditions and time of day when tests were done.''); see also 47 C.F.R. � 76.61(a)(2). Id. at 3-4, citing Vision 3 Broadcasting, Inc. v. Time Warner Cable, 14 FCC Rcd 15348 (1999); Larry L. Schrecongost v. TCI of Pennsylvania, Inc., 12 FCC Rcd 13194, 13201 (1997) (``[W]hile the Commission does not specify which type of antenna must be used to determine signal strength, a cable operator is required to take measurements with `generally accepted' equipment
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  • of the Satellite Home Viewer Act (SHVA) Pending OMB Approval 3060-0865 Wireless Telecommunications Bureau Universal Licensing System Recordkeeping and Third-Party Disclosure Requirements 03/31/07 3060-0874 FCC 475, FCC 475B 11/30/08 3060-0876 USAC Board of Directors Nomination Process, Sec. 54.703 and Review of Administrator's Decision, Secs. 54.719 - 54.725 06/30/06 3060-0881 Sec. 95.861 09/30/08 3060-0882 Sec. 95.833 01/31/09 3060-0888 Secs. 76.7, 76.9, 76.61, 76.914, 76.1003, 76.1302, and 76.1513 05/31/08 3060-0893 Universal Licensing Service (ULS) Pre-Auction Database Corrections 02/28/07 3060-0894 Certification Letter Accounting for Receipt of Federal Support, CC Docket Nos. 96-45 and 96-262 06/30/07 3060-0895 FCC 502 03/31/07 3060-0896 Broadcast Auction Form Exhibits 12/31/08 3060-0897 MDS and ITFS Two-Way Transmissions 07/31/07 3060-0900 Compatibility of Wireless Services with Enhanced 911 - CC Docket No.
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  • initial proceeding, KEJB filed a must carry complaint against Cox for its failure to carry KEJB on a number of cable systems. In response, Cox urged that the petition should be dismissed because: 1) it was procedurally defective in that it failed to comply with the mandatory carriage notification process established by Section 534(d)(1) of the Communications Act and Section 76.61 of the Commission's rules; 2) the station failed to provide a good quality signal to some of the communities involved; and 3) the complaint had not been properly served on franchise authorities in accordance with the service requirements of Section 76.7(a)(3) of the Commission's rules. In the underlying decision, the petition was dismissed for KEJB's failure to comply with the
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  • ) ) ) ) ) ) ) ) ) ) CSR-7207-M CSR-7208-M CSR-7209-M CSR-7210-M CSR-7230-A CSR-7211-M CSR-7350-A MEMORANDUM OPINION AND ORDER Adopted: September 17, 2007 Released: September 17, 2007 By the Senior Deputy Chief, Policy Division, Media Bureau: Introduction Christian Faith Broadcast, Inc. (CFB), licensee of WGGN-TV, Channel 52, Sandusky, Ohio, filed the captioned complaints pursuant to Sections 76.7 and 76.61 of the Commission's rules requesting an order requiring carriage of the signal of WGGN-TV in the communities served by five Ohio cable systems in the Cleveland-Akron (Canton) Ohio Designated Market Area. No opposition was received regarding the complaints concerning Orwell Cable Television (Orwell), Rapid Cable (Rapid), and GLW Broadband (GLW). Cox Communications Cleveland Area (Cox) filed an opposition to the
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  • Signals to Unserved Households for Purposes of the Satellite Home Viewer Act (SHVA) 04/30/09 3060-0865 Wireless Telecommunications Bureau Universal Licensing System Recordkeeping and Third-Party Disclosure Requirements 07/31/10 3060-0874 FCC 475B, FCC 2000 Series 09/30/10 3060-0876 Sec. 54.703 and Secs. 54.719, 54.720, 54.721, 54.722, 54.723, 54.724 and 54.725 09/30/09 3060-0881 Sec. 95.861 09/30/08 3060-0882 Sec. 95.833 01/31/09 3060-0888 Secs. 76.7, 76.9, 76.61, 76.914, 76.1003, 76.1302, and 76.1513 05/31/08 3060-0894 Secs. 54.313 and 54.316 and Certification Letter Accounting for Receipt of Federal Support and Rate Comparability Review and Certification 09/30/10 3060-0895 FCC 502 05/31/10 3060-0896 Broadcast Auction Form Exhibits 12/31/08 3060-0900 Compatibility of Wireless Services with Enhanced 911 - CC Docket No. 94-102 02/28/09 3060-0901 Reports of Common Carriers and Affiliates 04/30/09 3060-0905
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  • systems serving the West Palm Beach-Ft. Pierce, Florida Designated Market Area (``DMA''). WHDT asks that the Commission order Comcast to reinstate WHDT's carriage and impose a forfeiture on Comcast for violations of the mandatory carriage (``must-carry'') rules, signal deletion notice rules, and customer service provisions found in Section 614 of the Communications Act, as amended (the ``Act''), and Sections 76.7, 76.61(a), 76.56(b), 76.1601, and 76.1603 of the Commission's rules. To clarify certain matters concerning WHDT's operating history, the Commission sent WHDT a Letter of Inquiry (``LOI'') on March 18, 2008. After considering WHDT's response to the LOI, we order Comcast to reinstate carriage of WHDT conditioned upon WHDT's proof of its authorized operations. We decline to impose the requested forfeiture on
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  • rights on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its complaint, WUVN states that, by certified letter dated January 8, 2008, it demanded must carry status on Charter's cable systems for the 2006-2008 election period, pursuant to Section 76.61(a)(1) of the Commission's rules. At the same time, it requested carriage on Channel 18, its over-the-air channel. Charter failed to respond to this demand, as required by Section 76.61(a)(2) of the rules. WUVN asserts that it filed the instant complaint within 60 days of Charter's failure to respond, pursuant to Section 76.61(a)(5) of the rules. WUVN asserts that it is
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  • defined by Nielsen Media Research. In support of its complaint, WUVN states that, although it has must carry status on Charter's cable systems, Charter is not carrying WUVN on its over-the-air analog channel 18. WUVN states that, by letter dated January 8, 2008, it formally demanded carriage on the above-listed Charter cable systems on its over-the-air channel, pursuant to Section 76.61(a)(1) of the Commission's rules. WUVN points out that Sections 76.57(a) and (c) of the Commission's rules provides that a station is generally entitled to carriage ``on the cable system channel number on which the commercial television station is broadcast over the air . . . unless the station and the cable operator mutually agree upon another channel.'' WUVN states that
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  • Company, Inc., licensee of a television station in the same DMA, WGCB-TV, Red Lion, Pennsylvania (``WGCB''), demanded on June 12, 2008 that Comcast of Southeast Pennsylvania, Inc. (``Comcast'') carry its signal on Comcast's cable systems located in Franklin County. Comcast refused this carriage demand, and on July 2, 2008, WGCB filed a mandatory carriage complaint against Comcast pursuant to Section 76.61 and 76.7 of the Commission's rules. WGCB requests that the Commission order Comcast to carry WGCB on Comcast's Franklin County cable systems, beginning immediately. Comcast filed an opposition to this pleading, and WGCB filed a reply. For the reasons discussed below, we deny WGCB's complaint. Background Under Section 614 of the Communications Act of 1934, as amended (hereinafter the ``Act''),
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  • by WSSF-LP and WSFG-LP demonstrate that they have satisfied the criteria required of ``qualified'' LPTV stations as set forth in the Communications Act of 1934, as amended, and the Commission's rules. In support of their complaint, WSSF-LP and WSFG-LP state that by certified letter dated May 22, 2008, they requested must carry status on WATC's cable system, pursuant to Section 76.61(a)(1) of the Commission's rules. WATC failed to respond to this demand, as required by Section 76.61(a)(2) of the rules. The Stations filed the instant complaint within 60 days of WATC's failure to respond, pursuant to Section 76.61(a)(5) of the rules. WSSF-LP and WSFG-LP argue that they met all of the requirements set forth in Section 614(h)(2) of the Communications Act
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  • of KJLA, LLC v. CoxCom, Inc. ) ) ) ) ) ) ) CSR-8065-M Adopted: February 11, 2009 Released: February 11, 2009 By the Senior Deputy Chief, Policy Division, Media Bureau: Introduction KJLA, LLC (``KJLA''), licensee of digital-only television broadcast station KJLA-DT, Ventura, California (``KJLA''), has filed two must carry complaints with the Commission pursuant to Sections 76.7, 76.56 and 76.61(a)(1) of the Commission's rules, against CoxCom, Inc. d/b/a Cox Communications Palos Verdes and Cox Communications Orange County (``Cox''). Cox opposed both complaints, and KJLA has filed replies. For administrative convenience, the Bureau is consolidating the petitions into one proceeding. For the reasons discussed below, we dismiss both of KJLA's mandatory carriage complaints. Background Under Section 614 of the Communications Act
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  • reconsider the must carry and retransmission rights of KVMD on this system. Section 76.64(f)(2) of the Commission's rules requires that all television stations make an election between must carry and retransmission consent every three years. KVMD did so by its September 26, 2005 letter to Cox. Subsequently, KVMD made a demand for carriage on Cox's cable system pursuant to Section 76.61(a)(1) of the Commission's rules by letter dated November 7, 2005. Subsequent to the Bureau Order and after KVMD filed its petition for reconsideration, KVMD filed its 2006 Complaint with the Commission asserting carriage rights in the subject communities in the event that the Bureau, on reconsideration, determined that either the Los Angeles and/or Orange County communities were within KVMD's market.
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  • to be carried on a single, uniform channel was filed more than a year and a half later, the Commission again rejected the cable operator's argument that it was filed too late. KPXN Replies at 5 & n.14, citing United Broadcast, 14 FCC Rcd 6766 (1999). KPXN Reply at 6-7 nn.20-24, WPXV Reply at 5-6 nn.20-24, citing 47 C.F.R. �� 76.61(a)(2), 76.62(a)(5), 76.7(b)(1) and (c)(3), and 76.61(a)(4). Replies at 7. Replies at 7 & n.26 (citing Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the Commission's Rules, FCC 08-224, �� 14-16 (rel. Sept. 26, 2008) (``2008 Viewability Clarification Order'')). See 2008 Viewability Clarification Order, FCC 08-224, at � 15. Id. (citing Program and System Information Protocol for Terrestrial
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  • Cablestar, Inc. ) ) ) ) ) ) ) ) ) CSR-8213-M Adopted: January 20, 2010 Released: January 20, 2010 By the Senior Deputy Chief, Policy Division, Media Bureau: Introduction The Board of Trustees of the University of Alabama, licensee of local commercial television station WUOA-DT, Tuscaloosa, Alabama (``WUOA'') has filed a must carry complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules, against cable operator, Cablestar, Inc. (``Cablestar''), seeking carriage on the latter's system serving the community of Ragland in the Birmingham, Alabama DMA. Cablestar's response sought dismissal of WUOA's complaint on the ground that Cablestar was carrying WUOA. Accordingly, the Media Bureau dismissed WUOA's complaint as moot. However, WUOA subsequently filed a request to reinstate its complaint
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  • Media must commence carriage of WUOA-DT on each cable system they operate that serves communities within the Birmingham, Alabama DMA. This action is taken under authority delegated by Section 0.283 of the Commission's rules, 47 C.F.R � 0.283. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau These complaints are brought pursuant to Sections 76.7 and 76.61 of our rules. 47 C.F.R. �� 76.7 and 76.61. Petition for Special Relief of Trustees against Trust Cable (CSR-8205-M), filed Sept. 15, 2009 (``Trust Complaint''), James Cable (CSR-8207-M), filed Sept. 17, 2009 (``James Cable Complaint''), SCS (CSR-8209-M), filed Sept. 11, 2009 (``SCS Complaint''), KFWC (CSR-8210-M), filed Sept. 11, 2009 (``KFWC Complaint''), and Envision (CSR-8249-M), filed Nov. 30, 2009 (``Envision Complaint'').
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  • changed to Carrollton, Virginia, a request which was granted by the Commission on March 14, 2010. By letter dated May 6, 2010, WGBS-LD states that it notified Charter of its obligation to carry its signal on its Isle of Wight County system. Charter's June 21, 2010 subsequent denial, which was not filed within the 30-day response time mandated by Section 76.61(a)(2) of the Commission's rules, maintained that WGBS-LD failed to deliver a good quality signal to Charter's principal headend. WGBS-LD states that, by letter dated July 20, 2010, it responded to Charter's first denial, requesting a re-test of its signal because it felt that good engineering practices were not used by Charter in its signal quality test. Indeed, WGBS-LD argues that
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  • In opposition, Charter argues that WHRE-DT's complaint is premature and should be denied. Charter points out that in establishing the must carry regulations, the Commission set forth a two-step notification process. Section 76.64(f)(1) and (2) of the Commission's rules requires commercial television stations, such as WHRE-DT, to choose between retransmission consent and must carry status at specified election periods. Section 76.61(a)(1) of the rules mandates that a television station that believes that a cable operator has failed to meet its carriage obligations shall notify the cable operator in writing of the alleged failure and identify its reason for believing the operator is obligated to carry the station's signal. Charter notes further that, in the Must Carry Order, the Commission stated that
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  • to retransmit copyrighted material contained in broadcast programming. 17 U.S.C. � 111(d). The 1976 amendments established that fees payable to copyright owners for compulsory licenses would be based on a percentage of each cable system's gross revenues and would be adjusted periodically by the newly formed Copyright Royalty Tribunal. Id. See also 17 U.S.C. � 801(b). 47 C.F.R. �� 76.59(b); 76.61(b); 17 U.S.C. � 111. 47 C.F.R. �� 76.92 (cable network non-duplication), 76.101 (cable syndicated program exclusivity); 17 U.S.C. � 111(d) (limitations on exclusive rights; secondary transmissions of broadcast programming by cable). The Satellite Home Viewer Act of 1988, Pub. L. No. 100-667, 102 Stat 3935, Title II (SHVA) (1988); 17 U.S.C. � 119. Network stations are generally television broadcast stations
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  • procedural rules for filing petitions and complaints pursuant to part 76. Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572 and 573. Section Number and Title: 76.61(a)(5) Disputes concerning carriage. SUBPART J-OWNERSHIP OF CABLE SYSTEMS Brief Description: This rule sets forth the standard for determining attribution of ownership interests. Need: This rule clarifies the attribution standards applicable to cable systems. Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 535,
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  • - 14500.0000 MHz 400KG1D QPSK 11700.0000 - 12200.0000 MHz 400KG1D Points of Communication: 1 - ALSAT - (ALSAT) E050028 SES-LIC-20050203-00127E Class of Station: Temporary Fixed Earth Station Application for Authority Viacom Stations Group of Atlanta Inc. EZ Nature of Service:Fixed Satellite Service SITE ID: 1 LOCATION: Page 2 of 10 AvL Technologies 1 2.4 meters ANTENNA ID: 2400 K USA 76.61 dBW voice/data 14000.0000 - 14500.0000 MHz 36M0G7W 76.61 dBW video with audio 14000.0000 - 14500.0000 MHz 36M0F8W voice/data 11700.0000 - 12200.0000 MHz 36M0G7W video with audio 11700.0000 - 12200.0000 MHz 36M0F8W Points of Communication: 1 - PERMITTED LIST - () E040267 SES-MFS-20041206-01790E Class of Station: Fixed Earth Stations Application for Modification Newcom International, Inc. Nature of Service:Domestic Fixed Satellite Service,
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  • ensuring that MVPD subscribers are able to enjoy this technological advancement. As explained below, this milestone has been achieved with respect to cable subscribers through a 2007 Commission Order. The Commission is expected to complete this milestone with respect to satellite subscribers before the end of the digital transition. 89 47 C.F.R. �� 76.1614, 76.1709. 90 47 C.F.R. �� 76.7, 76.61. 43 1. Timeframes and Steps: Cable Operations Commence proceeding to consider digital signal quality requirement with respect to cable operations (COMPLETED 1998)91: The Communications Act requires that cable operators carry local broadcast signals "without material degradation," and instructs the Commission to "adopt carriage standards to ensure that, to the extent technically feasible, the quality of signal processing and carriage provided
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  • to carry no more than three qualified local noncommercial educational stations; and (3) more than 36 usable activated channels shall carry at least three qualified local noncommercial educational stations. See 47 U.S.C. �535(b) and (e); 47 C.F.R. �76.56(a). Notice, 15 FCC Rcd at 12160-61. Notice, 15 FCC Rcd at 12153. See 47 C.F.R. �76.56 (signal carriage obligations) and 47 C.F.R. �76.61(b) (regarding the carriage of noncommercial televisions). AAPTS Comments at 9. DirecTV Comments at 34; EchoStar Comments at 5. Echostar Comments at iv, 5. DirecTV Comments at 39. NCTA and AAPTS argue that the formulations proposed by EchoStar and DirecTV would lead to satellite NCE carriage requirements that do not remotely resemble those imposed on the cable industry in terms of
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  • U.S.C. �534(h)(2); 47 C.F.R. �76.55(d). 47 U.S.C. ��534(b)(1)(A) and (h)(2); 47 C.F.R. �76.56(b)(1) and (b)(4)(i). See 47 U.S.C. �534(b)(7); 47 U.S.C. �535(h). See 47 U.S.C. �534(b)(6); 47 U.S.C. �535(g)(5). See 47 U.S.C. �534(b)(4)(A); 47 U.S.C. �535(g)(2). See 47 U.S.C. �534(b)(5); 47 U.S.C. �535(b)(3)(C). See 47 U.S.C. �534(b)(3)(A); 47 U.S.C. �535(g). See 47 U.S.C. ��534(d) and 535(j). See also 47 C.F.R. �76.61. See 47 U.S.C. �534(h)(1)(C). 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
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  • carry, an enforcement remedy is designated only for aggrieved broadcast stations. Section 614(d)(1) of the Communications Act, which contains the remedies portion of the cable carriage obligations, states specifically that a ``local commercial television station that is denied carriage . . . may obtain review of such denial by filing a complaint with the Commission.'' Based on this language, Section 76.61(a)(3) of the Commission's rules, which delineates the procedures for bringing a must carry complaint, states that a ``local commercial television station or qualified low power television station that is denied carriage . . . may file a complaint with the Commission.'' This language provides no basis to support Applicants' claim that cable subscribers have standing to file must carry complaints.
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  • level shall be determined based on measurements made with generally accepted equipment that is currently used to receive signals of similar frequency range, type or distance from the principal headend.'' 13. Because the burden of proving a station's poor signal quality is on the cable operator, we believe that Century has failed to prove, pursuant to the provisions of Section 76.61(a)(2) of the Commission's rules, that WYKE-LP does not provide a good quality signal to the system's principal headend. The Bureau has stated that ``[s]ince the cable operator is at the outset in a superior position to know whether or not a given station is providing a good quality signal to the system's principal headend, we believe that the initial burden
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  • Bureau declined to exercise this discretion based on the earlier decision in the reconsideration of WXTV. RCN asserts that the rationale underlying the WXTV policy is both inaccurate and inconsistent with applicable precedent and should be overturned. Finally, RCN asserts that the Bureau Order erred in requiring RCN to comply within 180 days instead of the 18 months requested. Section 76.61(a)(4) of the Commission's rules allows the Commission to specify a time period for compliance with a channel positioning order which exceeds the standard 45 day period established by the rule. RCN states that it demonstrated in detail that it would take 18 months to fully implement WGTW's channel positioning request. RCN states that despite the evidence it presented, the Bureau
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  • market); (v)Commercial television broadcast stations that are significantly viewed in the community of the community unit. See � 76.54. See Implementation of Sections of the Cable Television Consumer Protection Act of 1992, 8 FCC Rcd 5631 (1993). See Report and Order, 15 FCC Rcd at 21731. See id. Sports Leagues Petition at 7. See id. (citing former 47 C.F.R. � 76.61). See id. Id. ALTV Opposition at 8. EchoStar Opposition at 5. See id. See Letter from Donna C. Gregg, Counsel for Emmis Television Broadcasting, L.P. (filed October 2, 2001) at 1. See Report and Order, 15 FCC Rcd at 21708-09. See id. at 21709. See 47 U.S.C. � 405; 47 C.F.R. �1.108; Central Florida Enterprises v. FCC, 598 F.2d 37,
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  • as the nearer of the two affiliates. Therefore, while we do not concur with the Bureau's underlying analysis in the Modification Order, we affirm the Bureau's denial of WTXL-TV's market modification petition and leave the prior holding in Diversified undisturbed. ordering clauses IT IS ORDERED, pursuant to Section 614(h) of the Communications Act, as amended, 47 U.S.C. �534, and Sections 76.61 and 1.115 of the Commission's rules, 47 C.F.R. ��76.61 and 1.115, that the application for review filed by Media Venture Management, Inc. of its must carry complaint (CSR-5449-M) IS DENIED. IT IS FURTHER 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
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  • 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., Memorandum
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  • 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., Memorandum
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  • to do so. Such complaint should contain specific evidence, in accordance with our decision herein, that WLLS-LP provides programming that addresses local news and informational needs which are not being adequately served by full power television broadcast stations. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act, as amended, 47 U.S.C. � 534, and Sections 76.61 and 1.115 of the Commission's rules, 47 C.F.R. �� 76.61 and 1.115, that the application for review filed by Larry L. Schrecongost IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Formerly W49BV. Schrecongost stated in its reply that the station had been granted an application for Class A status and that its call letters were now WLLS-CA. However, Commission
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  • 47 U.S.C. � 534(h)(2)(B). See 47 U.S.C. � 534(b)(7); 47 U.S.C. � 535(h). See 47 U.S.C. � 534(b)(6); 47 U.S.C. � 535(g)(5). See 47 U.S.C. � 534(b)(4)(A); 47 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
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  • U.S. at 124. See 47 C.F.R. � 76.56(b). Must-Carry Complaint at Exhibits B & C. Regardless of Cablevision's argument that WRNN's right to mandatory carriage did not vest until September 14, 2006, it is now clear that Cablevision should carry WRNN-DT on its systems pursuant to the WRNN-DT Modification Order, this Order, and our rules. See 47 C.F.R. �� 76.55, 76.61. See Opposition to Must-Cary Complaint at 5-7. See Reply to Opposition to Must-Carry Complaint at 7-8. Id. at 8-9. 47 U.S.C. �� 151, 154(i), 155(c), 405, 534(h)(1)(C). 47 C.F.R. � 1.115. 47 U.S.C. � 534(d)(3). H.R. Rep. 102-628, 102d Cong., 2d Sess. 97 (1992). See Bureau Order at �12. The one Bureau decision cited for the proposition that carriage on
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  • clarification that downconversion to analog does not constitute material degradation. We accordingly clarify that it is not material degradation to downconvert that signal to comply with the ``viewability'' requirement discussed below. As noted above, we do not adopt the negotiation framework proposed in the Second Further Notice, and direct parties to continue to follow the rules as established in Section 76.61. Both broadcasters and cable operators, the parties who would be involved in these negotiations, raised serious objections to the proposal. The National Association of Broadcasters (``NAB'') and The Association for Maximum Service Television (``MSTV'') are highly critical of any required negotiations, particularly ones which would begin and end upon the request of operators. They state that the 30 day window
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  • 1998 Biennial Regulatory Review - Part 76 - Cable Television Service Pleading and Complaint Rules, Report and Order, 14 FCC Rcd 418, 420, para. 6 (1999) (``1998 Biennial Review''). For example, a local television station may bring a complaint, pursuant to the Part 76 rules, claiming that it was wrongfully denied carriage on a cable system. See 47 C.F.R. � 76.61. Some complaints alleging open Internet violations may be analogous, such as those brought by a content or application provider claiming that broadband providers-many of which are cable companies-are unlawfully blocking or degrading access to end users. See 47 C.F.R. � 8.12. As with other formal complaint procedures, a filing fee will be required. See 47 C.F.R. � 1.1106. See 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1_Rcd.pdf
  • complaints against cable systems. See1998 Biennial Regulatory Review �Part 76 �Cable Television Service Pleading and Complaint Rules, Report and Order, 14 FCC Rcd 418, 420, para. 6 (1999) ("1998 Biennial Review"). For example, a local television station may bring a complaint, pursuant to the Part 76 rules, claiming that it was wrongfully denied carriage on a cable system. See47 C.F.R. �76.61. Some complaints alleging open Internet violations may be analogous, such as those brought by a content or application provider claiming that broadband providers- many of which are cable companies-are unlawfully blocking or degrading access to end users. 487See 47 C.F.R. � 8.12. 488As with other formal complaint procedures, a filing fee will be required. See 47 C.F.R. � 1.1106. 489See
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  • systems must either have a box for each set, or own equipment capable of displaying digital signals without a box. In this case, subscribers face no additional expense or effort to receive must-carry signals in digital. Turner Two, supra n. 21. Carriage complaints may only be filed by the affected station, not by viewers or other parties. 47 C.F.R. � 76.61. Viewability Order, at �� 26-35. Viewability Order, at � 26. The bandwidth that must be allotted (due to the related prohibition on material degradation, discussed infra) increases only slightly if the must-carry station is broadcasting in high definition, due to the efficiencies of digital carriage. Viewability Order, at � 36. Viewability Order, at � 35. Basic Service Tier Encryption; Compatibility
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  • current viewability rule allows hybrid cable system operators the flexibility to benefit from future marketplace and technology developments through possible methods of compliance not contemplated on the record now before us. We emphasize that, while we allow our viewability rule to sunset, the statutory viewability requirement remains in effect. Therefore, a must-carry station may file a complaint pursuant to Section 76.61 of our rules if it believes a cable operator has failed to meet its statutory carriage obligations. In addition, we will consider informal consumer complaints when evaluating compliance with the statutory viewability requirement. If we receive a significant number of well-founded consumer complaints that an operator is not effectively making affordable set-top boxes available to customers in lieu of analog
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  • of service provided to every subscriber26 and on certain 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.
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  • U.S.C. �534(h)(2); 47 C.F.R. �76.55(d). 47 U.S.C. ��534(b)(1)(A) and (h)(2); 47 C.F.R. �76.56(b)(1) and (b)(4)(i). See 47 U.S.C. �534(b)(7); 47 U.S.C. �535(h). See 47 U.S.C. �534(b)(6); 47 U.S.C. �535(g)(5). See 47 U.S.C. �534(b)(4)(A); 47 U.S.C. �535(g)(2). See 47 U.S.C. �534(b)(5); 47 U.S.C. �535(b)(3)(C). See 47 U.S.C. �534(b)(3)(A); 47 U.S.C. �535(g). See 47 U.S.C. ��534(d) and 535(j). See also 47 C.F.R. �76.61. See 47 U.S.C. �534(h)(1)(C). 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
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.txt http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.wp
  • C.F.R. � 76.1003(a). See also 47 C.F.R. � 76.1302(a) (notice required prior to filing a complaint alleging violation of carriage agreement rules). NCTA also cites the must-carry complaint resolution process noting that such complaints must be sent by a broadcaster to a cable operator prior to filing with the Commission. NCTA Opposition at 17 citing 47 C.F.R. �� 76.7(4)(i) and 76.61(a). 388NAD/CAN Reply at 8 citing NCTA Opposition at 17. 389NAD/CAN Reply at 8. See also COR Opposition at 3-5. COR asserts that the Commission has already deemed monitoring and reporting requirements necessary to ensure accountability and compliance with the children's programming rules and argues that networks should be required to maintain information on captioned programs, exemptions claimed and other pertinent
• http://transition.fcc.gov/eb/Orders/2004/DA-04-1751A1.html
  • and determined that there were no leaks present. As to Bushman, STC has failed to set forth any facts in that case which illustrate how it is relevant to this proceeding. In the instant case, the licensee has failed to exercise due diligence in having an effective cable system leakage monitoring system, resulting in willful violation of Sections 76.605(a)(12) and 76.61(a)(1) of the Commission's Rules.17 10. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of STC with the Commission's Rules. Accordingly, the forfeiture amount is reduced from eight thousand dollars ($8,000) to six thousand four hundred dollars ($6,400). IV. ORDERING CLAUSES 11. Accordingly, IT IS
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  • of service provided to every subscriber26 and on certain 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.
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00195.doc
  • at H11795. The Conferees also noted that they were ``confident that the proposed license provisions would pass constitutional muster even if subjected to the O'Brien standard [intermediate First Amendment scrutiny] applied to the cable must carry requirement.'' Id. 47 C.F.R. �76.58. See, e.g., Broadcast Signal Carriage Order, 8 FCC at 2974; 47 C.F.R. �76.64(h). 47 C.F.R. �76.64(f)(2). See 47 C.F.R. �76.61(a) (regarding the carriage of commercial television stations) and (b) (regarding the carriage of noncommercial television stations). 47 C.F.R. �76.64(f)(4) and (l). 47 U.S.C. �325(b)(3)(C). Section 338(h)(4) of the Communications Act defines the term, satellite carrier, as having the meaning given such term in Section 119(d) of title 17, United States Code. Section 119(d) defines satellite carrier to mean an entity
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000179.doc
  • ) ) ) ) ) CSR-5439-M Adopted: January 28, 2000 Released: February 1, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. The Board of Education of the City of New York (``Board''), licensee of noncommercial educational television station WNYE-TV (Ch. 25), New York, New York, has filed a petition with the Commission pursuant to Section 76.61(b) and 76.7 of the Commission's rules requesting carriage of WNYE-TV on Comcast Cable Communications, Inc. and its affiliates and subsidiaries, Comcast CBV of Ocean City, Service Electric Cable TV of New Jersey, Inc., Cable TV of Tri-States, Inc., MediaOne, Inc., MediaOne of Massachusetts, Inc., and MediaOne of Greater New York, Inc. (collectively the ``Cable/OVS Operators''). 2. In its petition, the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000340.doc
  • Clovis, California ) ) ) ) ) ) ) CSR-5456-M Adopted: February 22, 2000 Released: February 24, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION Gary M. Cocola, licensee of KGMC(TV) (Ch. 43), Clovis, California, has filed a must carry complaint, pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and 76.61(a) of the Commission's rules, alleging that Northland Cable Television (``Northland'') has denied carriage of KGMC(TV) on Northland's cable systems serving Mariposa, Oakhurst, Fish Camp, Lushmeadows, and Coarsegold, California, and neighboring communities (the ``Northland cable communities''). No opposition was received. II. BACKGROUND Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in Implementation of the
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  • ) CSR 5464-M Adopted: February 24, 2000 Released: February 28, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION SAH Houston License Corporation, a wholly owned subsidiary of Shop At Home, Inc. ("Shop at Home"), licensee of commercial television station KZJL-TV 61 ("KZJL" or the "Station"), Houston, Texas filed a complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules claiming mandatory carriage rights for KZJL on Falcon Telecable's (``Falcon'') cable systems serving West Columbia, Wharton, Palacios, and Sweeny, Texas and the surrounding areas ("cable communities"). Falcon filed an opposition to the complaint, and Shop at Home filed a reply. BACKGROUND Pursuant to Section 614 of the Communications Act and the implementing rules adopted by the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000390.doc
  • Rico television market. WIDP further states that, by letter dated January 9, 1998, it requested carriage on CTI's cable system serving the Communities. WIDP further requested a response from CTI in a second letter dated April 1, 1998. WIDP sent a third letter, dated September 24, 1998, which it claims constitutes the official written notice to CTI required under Section 76.61 of the Commission's rules. WIDP asserts that CTI has failed to meet its mandatory carriage obligations and has never responded to any of its letters. CTI argues that WIDP's complaint is procedurally defective and should be dismissed. CTI asserts that WIDP's complaint was not timely filed. CTI states that WIDP first invoked its rights to mandatory carriage in its letter
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000505.doc
  • Adelphia Cable ) ) ) ) ) ) ) ) CSR 5463-M Adopted: March 2, 2000 Released: March 6, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION West Coast Christian Television, Inc. ("West Coast"), licensee of commercial television station WRXY-TV 49 ("WRXY" or the "Station"), Tice, Florida filed a complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules claiming mandatory carriage rights for WRXY on Telesat Acquisition Limited Partnership, d/b/a Adelphia Cable Communications (``Adelphia'') cable systems serving the Fort Myers-Naples designated market area ("cable communities"). Adelphia filed an opposition to the complaint, and West Coast filed a reply. Adelphia filed a supplement to its opposition that included a more recent signal strength test, and
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000720.doc
  • KGMC(TV) Clovis, California ) ) ) ) ) ) ) Adopted: March 29, 2000 Released: March 31, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION Gary M. Cocola, licensee of KGMC(TV) (Ch. 43), Clovis, California, has filed a must carry complaint, pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and 76.61(a) of the Commission's rules, alleging that UACC Midwest, Inc. d/b/a AT&T Cable Services (``UACC Midwest'') has denied carriage of KGMC(TV) on UACC Midwest's cable systems serving Merced and Los Banos, California, and neighboring communities (the ``UACC Midwest cable communities''). An opposition to the complaint was filed by Televents of San Joaquin, Inc. and UACC Midwest, Inc. (``Cable Operator''). KGMC(TV) filed
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000722.doc
  • 1999. Therefore, WMEI is deemed to be a must carry station and, if it is not being carried, can now file a new request for mandatory carriage on Cable TV's system. IV. ORDERING CLAUSE 6. Accordingly, IT IS ORDERED, that pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. � 534(d)(3), and Sections 76.7 and 76.61(a) of the Commission's rules, 47 C.F.R. �� 76.7 and 76.61(a), the Petition for Reconsideration filed by Hector Negroni Cartagena against Cable TV of Greater San Juan, Inc. and Century Communications in file CSR 5233-M IS DENIED. 7. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R. � 0.321. FEDERAL COMMUNICATIONS COMMISSION William
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  • out that its programming is not substantially duplicated by any other commercial television station the cable systems carry nor would its carriage increase Community Cable's copyright liability. WHOT-TV states that, by letter dated October 1, 1999, it formally made a must carry election with regard to Community Cable's systems and subsequently demanded carriage on November 10, 1999, pursuant to Section 76.61(a) of the Commission's rules. When Community Cable failed to respond to its requests for carriage within the required thirty days, WHOT-TV states that it filed the instant complaint. WHOT-TV argues that Community Cable has never claimed that it does not provide a signal of sufficient strength to any of its respective headends. To the extent that signal quality becomes an
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Comcast Cablevision of Mercer County, Inc. Request for Order Pursuant to Section 76.57(a) and Section 76.61(a) of the Commission's rules Directing Carriage of WFMZ-TV, Allentown, PA, On Cable Channel 4 or 16 or Another Mutually Agreeable Channel ) ) ) ) ) ) ) ) ) CSR-5466-M Adopted: April 14, 2000 Released: April 17, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION Maranatha Broadcasting Company, Inc. (``MBC''), licensee of UHF independent
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  • that its programming is not substantially duplicated by any other commercial television station the cable systems carry nor would its carriage increase InterMedia's copyright liability. WHOT-TV states that, by letter dated October 1, 1999, it formally made a must carry election with regard to InterMedia's systems. Subsequently, WHOT-TV states that it demanded carriage on November 10, 1999, pursuant to Section 76.61(a) of the Commission's rules. When InterMedia failed to respond to its requests for carriage within the required thirty days, WHOT-TV filed the instant complaint. WHOT-TV argues that InterMedia has not claimed that it does not provide a signal of sufficient strength to any of its respective headends. To the extent that signal quality becomes an issue, however, WHOT-TV asserts that
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000934.doc
  • to carry the KPCB signal on the Lake Brownwood system because even if the Station had not made the required election by October 1, 1999, pursuant to the Commission's rules, it would have been deemed to have had elected must carry status. Prime Time claims that National did not respond to the September 17, 1999 letter in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of such requests. Prime Time also notes that National failed to respond to a similar letter dated October 25, 1999. Prime Time points out that in both letters it informed National that it was committed to continue providing, at its own
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000997.doc
  • ) ) ) ) ) ) ) CSR-5498-M Adopted: May 4, 2000 Released: May 10, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: introduction SAH Acquisition Corporation II (``SAH''), licensee of television broadcast station KCNS-TV, San Francisco, California (``KCNS'' or the ``Station''), has filed a must carry complaint with the Commission pursuant to Sections 76.7 and 76.61 of the Commission's rules, claiming that Wander Cable Television (``Wander'') has failed to commence carriage of KCNS on Wander's system serving Gualala and Bolinas, California and the surrounding areas (``the cable communities''). SAH requests that the Commission order Wander to commence carriage of KCNS on Channel 38 of the cable system serving the cable communities. No opposition to the complaint
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001081.doc
  • demanded that Lenfest carry the WFMZ signal on its New Castle system. Maranatha notes that the September 30th letter included WMFZ's commitment to provide, at its own expense, any specialized equipment necessary to supply Lenfest's New Castle headend with a good quality signal. Maranatha claims that Lenfest did not respond to the September 30, 1999 letter in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of such requests. Maranatha asserts that it filed the instant complaint within sixty days of Lenfest's failure to respond to the September 30, 1999 letter. In opposition, Lenfest asserts that WFMZ does not qualify as a must carry station because it
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001089.doc
  • ) ) ) ) ) ) ) CSR-5502-M Adopted: May 16, 2000 Released: May 17, 2000 By the Acting Chief, Consumer Protection and Competition Division, Cable Services Bureau: introduction SAH Houston License Corporation (``SAH''), licensee of television broadcast station KZJL-TV, Houston, Texas (``KZJL'' or the ``Station''), has filed a must carry complaint with the Commission pursuant to Sections 76.7 and 76.61 of the Commission's rules, claiming that Tri-Cities Cablevision (``Tri-Cities'') has failed to commence carriage of KZJL on Tri-Cities' system serving Cleveland, Texas and the surrounding areas (``the cable communities''). SAH requests that the Commission order Tri-Cities to commence carriage of KZJL on Channel 61 of the cable system serving the cable communities. No opposition to the complaint was received. background
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001127.doc
  • ) ) ) ) ) ) CSR-5505-M Adopted: May 19, 2000 Released: May 23, 2000 By the Acting Chief, Consumer Protection and Competition Division, Cable Services Bureau: introduction Aerco Broadcasting, Corp. (``Aerco''), licensee of television broadcast station WRWR-TV, San Juan, Puerto Rico (``WRWR'' or the ``Station''), has filed a must carry complaint with the Commission pursuant to Sections 76.7 and 76.61 of the Commission's rules, claiming that BuenaVision CATV (``BuenaVision'') has failed to commence carriage of WRWR on BuenaVision's system serving Caguas, Aguas Buenas, Cidra, Gurabo, Juncos and San Lorenzo, Puerto Rico (``the cable communities''). No opposition to the complaint was received. background Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in Implementation of
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001178.doc
  • others, based on measured viewing patterns. DISCUSSION In support of its request, WHCT-TV states that, by letter dated September 23, 1999, it first requested carriage on Comcast's cable system by its statement of election of must carry status pursuant to Section 76.64(h) of the Commission's rules. WHCT-TV states that, after receiving a noncommittal response from Comcast, and consistent with Section 76.61(a)(1) of the Commission's rules, it sent a second letter on December 27, 1999, advising Comcast of its failure to meet its carriage obligations. When no response was received to this letter, WHCT-TV states that it filed the instant complaint. WHCT-TV states that it is licensed to Hartford, Connecticut, which is part of the Hartford-New Haven, Connecticut DMA, as are the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001287.doc
  • the filing of WTVE's complaint, the fact that WTVE's complaint was improperly filed, and technical issues involving the inability of the cable system's headend tower to incorporate an additional antenna due to structural stress. WTVE did not respond to any of these allegations. Upon review, we agree with Armstrong's assessment that WTVE's complaint was not timely filed pursuant to Section 76.61(a)(5) of the Commission's rules. WTVE's October 1, 1999 letter is, in part, an election notification pursuant to Section 76.64(f) of the Commission's rules. In addition, it clearly contains a request for carriage pursuant to Section 76.61(a)(1) of the rules. Indeed, WTVE, in its own complaint characterizes its October 1, 1999 letter as a request for carriage. Armstrong properly responded to
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001533.doc
  • to revisit the issue in the instant matters, particularly where KJLA has been assigned to the Los Angeles DMA since January 1, 2000, and may pursue mandatory carriage rights in that market where appropriate. IV. ORDERING CLAUSES 4. 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 76.61 of the Commission's rules, 47 C.F.R. � 76.61, that the petitions for reconsideration (CSR-4604-M, CSR-4605-M), filed by Costa de Oro Television, Inc. ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001646.doc
  • community of license, and Indian River County, the geographic area of the cable system, both located outside of the largest 160 MSAs, but there are no full power television stations licensed to any community in Indian River County. WWCI-LP states that it requested carriage on Charter's system by letter dated January 11, 2000. WWCI-LP points out that, pursuant to Section 76.61(a)(2) of the Commission's rules, Charter was required to respond to this carriage request within thirty days, or no later than February 10, 2000. To date, WWCI-LP states that no response from Charter has been received. Therefore, it filed its must carry complaint within sixty days of the date on which Charter should have responded to its request for carriage. We
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001846.doc
  • no reason to revisit the issue in this instant matter, particularly where KJLA has now been assigned to the Los Angeles DMA since January 1, 2000, and may pursue mandatory carriage rights in that market where 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(h)) and Section 76.61 of the Commission's rules (47 C.F.R. �76.61), that the application for review field by Costa de Oro Television, Inc. IS DISMISSED. 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 See Complaints of Costa de Oro Television, Inc., 12 FCC Rcd 21632 (1997)(``Bureau
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001853.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Comcast Cablevision of Mercer County, Inc. Request for Order Pursuant to Section 76.57(a) and Section 76.61(a) of the Commission's rules Directing Carriage of WFMZ-TV, Allentown, PA, on Cable Channel 4 or 16 or Another Mutually Agreeable Channel ) ) ) ) ) ) ) ) ) File No. CSR-5466-M ORDER ON RECONSIDERATION Adopted: August 10, 2000 Released: August 15, 2000 By the Deputy Chief, Cable Services Bureau: INTrODUCTION Maranatha Broadcasting Company, Inc. (``MBC''), licensee of UHF
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001866.doc
  • ) ) ) ) ) CSR 5565-M Adopted: August 14, 2000 Released: August 15, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: introduction Hispanic Keys Broadcasting Corp. (``Hispanic Keys''), licensee of commercial television station WWTU(TV), Key West, Florida (``WWTU''), filed a complaint pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and 76.61(a) of the Commission's Rules, claiming entitlement to mandatory carriage of WWTU in the communities of Homestead, Key Biscayne, North Dade, and South Dade, Florida, (the ``Communities'') served by cable systems of Adelphia Cable Partners, L.P. d/b/a Adelphia Communications (``Adelphia''). Adelphia filed an opposition to the complaint, and Hispanic Keys filed a reply. background Section 614(h)(1)(C) of the Communications Act, as
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001868.doc
  • ) ) ) ) Adopted: August 14, 2000 Released: August 15, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION Costa de Oro Television, Inc., licensee of television broadcast station KJLA (Ch. 57), Ventura, California (``Costa'' or the ``station''), filed the above-captioned must carry complaint against Strategic Technologies Cable System (``Strategic''), pursuant to Sections 76.7 and 76.61 of the Commission's rules for its failure to commence carriage of KJLA's signal on Strategic's system serving Stevenson Ranch, California. Costa requests that the Commission order Strategic to carry the station on its system serving that community. No opposition to this complaint was received. BACKGROUND Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002110.doc
  • ) ) ) ) ) ) ) ) ) CSR-5550-M Adopted: September 13, 2000 Released: September 15, 2000 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: introduction Paxson Oklahoma License, Inc. (``Paxson''), licensee of commercial television station KOPX(TV) (Channel 62), Oklahoma City, Oklahoma (``KPOX'') filed a must carry complaint with the Commission, pursuant to Sections 76.7 and 76.61 of the Commission's rules, asking that the Commission require Cox Communications (``Cox'') to carry Station KOPX (the ``Station'') on its over-the-air channel position, or on a mutually agreeable channel throughout its cable systems serving Edmond, and various communities in Logan, Canadian and Cleveland Counties, Oklahoma (the ``cable communities''). No opposition to the complaint was received. background Pursuant to Section 614
• 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
  • U.S.C. �534(h)(2); 47 C.F.R. �76.55(d). 47 U.S.C. ��534(b)(1)(A) and (h)(2); 47 C.F.R. �76.56(b)(1) and (b)(4)(i). See 47 U.S.C. �534(b)(7); 47 U.S.C. �535(h). See 47 U.S.C. �534(b)(6); 47 U.S.C. �535(g)(5). See 47 U.S.C. �534(b)(4)(A); 47 U.S.C. �535(g)(2). See 47 U.S.C. �534(b)(5); 47 U.S.C. �535(b)(3)(C). See 47 U.S.C. �534(b)(3)(A); 47 U.S.C. �535(g). See 47 U.S.C. ��534(d) and 535(j). See also 47 C.F.R. �76.61. See 47 U.S.C. �534(h)(1)(C). 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.wp
  • C.F.R. � 76.1003(a). See also 47 C.F.R. � 76.1302(a) (notice required prior to filing a complaint alleging violation of carriage agreement rules). NCTA also cites the must-carry complaint resolution process noting that such complaints must be sent by a broadcaster to a cable operator prior to filing with the Commission. NCTA Opposition at 17 citing 47 C.F.R. �� 76.7(4)(i) and 76.61(a). 388NAD/CAN Reply at 8 citing NCTA Opposition at 17. 389NAD/CAN Reply at 8. See also COR Opposition at 3-5. COR asserts that the Commission has already deemed monitoring and reporting requirements necessary to ensure accountability and compliance with the children's programming rules and argues that networks should be required to maintain information on captioned programs, exemptions claimed and other pertinent
• http://www.fcc.gov/eb/Orders/2004/DA-04-1751A1.html
  • and determined that there were no leaks present. As to Bushman, STC has failed to set forth any facts in that case which illustrate how it is relevant to this proceeding. In the instant case, the licensee has failed to exercise due diligence in having an effective cable system leakage monitoring system, resulting in willful violation of Sections 76.605(a)(12) and 76.61(a)(1) of the Commission's Rules.17 10. Considering the entire record and the factors listed above, we find that reduction of the proposed forfeiture is warranted because of the compliance record of STC with the Commission's Rules. Accordingly, the forfeiture amount is reduced from eight thousand dollars ($8,000) to six thousand four hundred dollars ($6,400). IV. ORDERING CLAUSES 11. Accordingly, IT IS
• http://www.fcc.gov/mb/engineering/76print.html
  • [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 requirements. [29]76.79 Records available for public inspection. Subpart F
• http://www.fcc.gov/mb/engineering/part76.pdf
  • 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 Requirements � 76.71 Scope of application. � 76.73 General EEO policy.