$//MO&O Granting KJCT carriage on Ouray Cablevision, DA-95-78//$ $/300.534 Carriage of local commercial television signals/$ $/76.61 Disputes concerning carriage/$ ///newjob/// $///DA 95-78,1/27/95///$ Before the Federal Communications Commission Washington,D.C. 20554 DA-95-78 In re: ) Complaint of Pikes Peak ) CSR-4117-M Broadcasting Company against ) Ouray Cablevision ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: January 19, 1995 Released: February 1, 1995 By the Cable Services Bureau: INTRODUCTION 1. On October 5, 1992, the Cable Television Consumer Protection and Competition Act of 1992 (1992 Cable Act) became law. On March 11, 1993, the Commission adopted a Report and Order to implement mandatory broadcast signal carriage ("must-carry") provisions of the Cable Act. Pursuant to the rules adopted in the Report and Order, cable systems were required to commence carriage of local broadcast stations entitled to must-carry status beginning June 2, 1993. On June 17, 1993, local broadcast stations were required to make their initial election of either must-carry or retransmission consent status and notify cable systems of their election. Those broadcast stations which elected must-carry status were required to notify the cable system of their preferred channel position at that time. SUMMARY OF PLEADINGS 2. On October 4, 1993, Pikes Peak Broadcasting Company (Pikes Peak), licensee of broadcast station KJCT-TV (KJCT), filed a complaint against Ouray Cablevision (Cablevision) for the latter's failure to comply with the Commission's must-carry rules and the 1992 Cable Act. 3. In its complaint, Pikes Peak stated that KJCT is the only ABC affiliate in the Grand Junction-Durango Area of Dominant Influence (ADI), and has been on the air since 1979. According to complainant, on June 15, 1993, it notified Cablevision that it wished to be carried pursuant to must-carry. Cablevision responded almost two months later stating that it believed itself to be outside of KJCT's ADI, and that the broadcast station delivered a poor quality signal. Cablevision also stated that it would continue to carry the Denver ABC affiliate even though, according to Pikes Peak, the Denver affiliate is not in the ADI that encompasses Ouray. 4. Pikes Peak responded to Cablevision by including documentation that it believes proves that KJCT and Cablevision's Ouray systems are both within the same ADI. Additionally, complainant says that Cablevision offered no evidence to support its charge that KJCT delivered a poor quality signal. Pikes Peak notes that a test performed earlier that year indicated that the requisite signal was delivered. 5. According to complainant, Cablevision's next response stated that while it wanted to carry KJCT it could not afford the necessary equipment. However, this correspondence did not elaborate on why or what type of equipment was necessary for carriage. Cablevision did not file in opposition to Pike Peak's complaint. DISCUSSION 6. We find that KJCT and the Ouray cable system are located in the same ADI and that the station is entitled to the cable carriage it seeks. Since no other pleadings have been filed in this matter, the complaint filed on October 4, 1993 by Pikes Peak Broadcasting Company IS GRANTED, in accordance with 614 (d)(3) (47 U.S.C. 534) of the Communications Act of 1934, as amended, and Ouray Cablevision IS ORDERED to commence carriage of Station KJCT-TV, forty-five (45) days from the release of this ORDER. 7. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau