$//MO&O Dismissed, DA 94-1576//$
$/300.534 Carriage of local Commercial television signals/$
$/76.61 Disputes concerning carriage/$



                                            Before the
               FEDERAL COMMUNICATIONS COMMISSION
                             Washington, D.C.    20554
                                                  DA-94-1576


In re:                                  )
                                   )    
                                   )                        
Complaint of John Wiegand against       )        CSR-4179-M
Post Newsweek Pacifica Cable TV, Inc.        )        CA0925
                                   )
                                   )
Request for Enforcement                 )

                                   MEMORANDUM OPINION AND ORDER

          Adopted:  December 20, 1994        Released: January 4, 1995

By the Cable Services Bureau:


                                               INTRODUCTION

     1.  On December 10, 1993, John P. Wiegand filed a "Complaint" against Post-
Newsweek Pacific Cable Television  TV, Inc. ("Post"), operator of a cable system serving
Burlingame, California.  Post filed an "Opposition to Complaint" on February 2, 1994, and a
supplement to it on February 9, 1994.


                                      SUMMARY OF PLEADINGS

     2.  In his complaint, Mr. Wiegand alleges various violations  of the Commission's
rules committed by Post-Newsweek Pacific Cable TV, Inc (Post).  In this proceeding, we
limit our inquiry to alleged violations of the Commission's mandatory carriage rules.   Mr.
Wiegand contends that Post deleted station KMTP-TV (channel 32, Ind.) San Francisco,
California on December 15, 1992, in violation of Section 5(c) of the 1992 Cable Act, and to
the injury of Post's subscribers who were deprived of its educational and informational
programming until Post restored its carriage about June 2, 1993.  Additionally,  Mr.
Wiegand asserts that Post failed to commence carriage of Stations KPST-TV (Ind., Channel
66), Vallejo, California, and KFCB (Ind., Channel 42), Concord, California, thereby
violating Section 4 of the 1992 Cable Act and depriving its subscribers of access to these two
stations' programming.

     3.  In response, Post asks that the Commission dismiss Mr. Wiegand's complaint 
because under the 1992 Cable Act and the Commission's rules subscribers do not have
standing to file complaints alleging violations of the Commission's signal carriage rules.  In
the alternative, Post argues that Mr. Wiegard's contentions are wrong in each of the areas he
raises.  Post states that it carried KMPT-TV when its prior call-sign was KQEC, but that the
station changed its ownership, format, and call-sign on August 31, 1991, after which its
signal became sporadic, and it often went dark with no prior notice.  Therefore, Post
discontinued carriage of the station in December 1992, but resumed its carriage on June 2,
1993, when KMPT-TV began broadcasting again on a regular schedule.  With respect to the
other two stations, Post again argues that Mr. Wiegand lacks standing to raise the issue for
the reasons discussed previously, and that both KPST-TV and KFCB were notified by letter
dated April 28, 1993, that they lacked the requisite signal quality to qualify as must-carry
stations, and that their carriage could cause the system increased copyright liability.  Since
neither station has thus far proffered any indemnification or improved its signal quality,
neither is currently entitled to mandatory carriage, according to Post.  In this regard, Post
notes that Mr. Wiegand was apparently unaware of the above correspondence between itself
and the subject stations.  Post asserts that this is why the 1992 Cable Act and the
Commission's rules do not give standing to subscribers to file signal carriage complaints, but
rather only the station who would be fully aware of the facts.                                         

                                               
                                                    DISCUSSION

     4.  Neither the 1992 Cable Act nor our rules give subscribers standing to file
complaints before this Commission alleging violations of our signal carriage rules. 
Consequently we must dismiss the complaint filed by Mr. Wiegand  with regard to Post-
Newsweek Pacific cable TV, Inc.'s  failure to carry Stations KMTP-TV, KPST-TV, and
KFCB.





                                               ORDERING CLAUSES

     5.  In view of the foregoing, we find that grant of Mr. Wiegand's complaint is not in
the public interest.

     6.  Accordingly, the "Complaint" (CSR-41790-M) filed December 10, 1993, by John
Wiegand IS DISMISSED, pursuant to Section 615(j)(3) of the Communications Act of 1934,
as amended (47 U.S.C. 535).  This action is taken by the Cable Services Bureau, pursuant to
Section 0.321 of the Commission's Rules.
     

                                                    FEDERAL COMMUNICATIONS COMMISSION



                                                    William H. Johnson
                                                    Deputy Chief, Cable Services Bureau