$//Group H Broadcasting, Carriage Complaint, MO&O, DA 94-1574//$
$/76.59 Modification of television markets/$
$/76.61 Disputes concerning carriage/$
$/300.534 Carriage of Local Commercial Television Signals/$



                               Before the
                    Federal Communications Commission
                          Washington DC   20554
                                                       DA-94-1574


In re:                                  )
                                                  )
Complaint of Group H Broadcasting       )        CSR-4088-M 
Corporation against Tele-Media Corporation   )
                                                  )
Request for Carriage                         )
                                                  )
Tele-Media Corporation                            )        CSR-4034-A
                                                  )
Petition for Special Relief                  )

MEMORANDUM OPINION AND ORDER
          
          Adopted:  December 20, 1994        Released: January 5, 1995

By the Cable Services Bureau:

     1.  On September 24, 1993, Group H Broadcasting Corporation ["WYED"], licensee
of Television Broadcast Station WYED (Ind., Channel 17), Goldsboro, North Carolina, filed
the captioned complaint requesting mandatory carriage of its signal on the cable television
system operated by Tele-Media Corporation ["Tele-Media"] serving Johnston County, North
Carolina.  The petition was placed on public notice on October 22, 1993.  WYED's petition
is unopposed.

     2.  In support of its petition (CSR-4088-M), WYED notes that it is a commercial
broadcast station in the Raleigh-Durham, North Carolina ADI, in which Johnston County is
located.  WYED states that it has requested carriage on Tele-Media's cable system, but that
Tele-Media has refused to add WYED's signal or even respond to WYED.  WYED submits
a copy of the letter it sent to Tele-Media on July 6, 1993, together with a copy of the return
receipt dated July 12, 1993.  Having received no response from Tele-Media within 30 days,
states WYED, the station filed its complaint.  WYED notes that its transmitter is located
within Johnston County itself, as is the station's main studio, and that there is no evidence
that WYED's signal is of poor quality, or that its carriage would subject Tele-Media to
increased copyright liability.

     3.  WYED's petition establishes that it is entitled to carriage on Tele-Media's
Johnston County, North Carolina system.  No other pleadings have been filed in this matter. 
In view of the foregoing, we find that grant of WYED's petition is in the public interest.

     4.  In addition, on June 3, 1993, Tele-Media filed a petition (CSR-4034-A) to modify
the areas of dominant influence (ADIs) of several television stations by deleting various
communities from those stations' ADIs.  This petition is opposed by several parties,
including WYED.  Tele-Media has submitted no reply to any opposition.  Tele-Media's
petition consists of mere conclusory allegations with no supporting documentation or
evidence, save for rate and channel line-up cards dated March 1, 1993, for its various
systems that are the subject of its petition.  In addition, several of Tele-Media's requests are
for deletions of whole counties from various ADIs, rather than community-specific requests. 
Tele-Media's petition, accordingly, is clearly deficient, and will be denied.

     5.  Accordingly, IT IS ORDERED, That the complaint (CSR-4088-M) filed
September 24, 1993 by Group H Broadcasting Corporation against Tele-Media Corporation
IS GRANTED, in accordance with 614(d)(3) of the Communications Act of 1934, as
amended [47 U.S.C. 534(d)(3)].

     6.  IT IS FURTHER ORDERED, That Tele-Media Corporation SHALL
COMMENCE CARRIAGE of the signal of WYED forty-five (45) days from the release date
of this Order on Tele-Media's cable system serving Johnston County, North Carolina.

     7.  IT IS FURTHER ORDERED, pursuant to 614(h)(1)(C) of the Communications
Act of 1934, as amended [47 U.S.C. 534(h)(1)(C)], and 76.59 of the Commission's Rules
[47 C.F.R. 76.59], That the petition for special relief (CSR-4034-A) filed June 3, 1993, by
Tele-Media Corporation IS DENIED.

     8.  These actions are taken pursuant to authority delegated by 0.321 of the
Commission's Rules.


                                                     FEDERAL COMMUNICATIONS COMMISSION



                                                     William H. Johnson
                                                     Deputy Chief, Cable Services Bureau