WPC+ 2BEJ Z Courier Y-#Xw PE37XP#HP LaserJet 4_230_1HPLAS4.PRS 4x  @\_)^X@2G6!F03|wCourierCG TimesCG Times ItalicXw PE37 DXP#CourierCG TimestScript ROOM 224HPLAS4.WRSSx  @,,PX@CourierCG TimesCG Times ItalicCourier Italicw Roman (Italic) (TT)Courier New (Italic) (TT)2XyZ@@S <?xxx,2x6X@`7X@8wC;,Xw PE37XPV"G($,hG PE37hP<R&HHH,,H6X@`7h@5PC2X(EXP*f9 xQXXt?xxxXGZXx6NhQXHX ?xxx,!Nx6Nhez7<?xxx,2x6X@`7X@8wC;,Xw PE37XPV"G($,hG PE37hP<R&HHH,,H6X@`7h@6uC;,cXu&_ x7XX ?xxx,!Mx6Nhez7XH b @2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`lCdYddCoCCCYYFdCNC2Cdddd(dC7dqCdPn<dYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^(1<d<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd2f +",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`L"i~'K2^$(8<><q*"xxxxWWxxxWWkkxxxFX@#я  8A   8A  SUMMARY OF PLEADINGS 2. On October 4, 1993, Pikes Peak Broadcasting Company (Pikes Peak), licensee of broadcast station KJCTTV (KJCT), filed a complaint against Ouray Cablevision (Cablevision) for the latter's failure to comply with the Commission's mustcarry rules and the 1992 Cable Act. 3. In its complaint, Pikes Peak stated that KJCT is the only ABC affiliate in the Grand JunctionDurango 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 mustcarry. 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  Yb-encompasses Ouray.b*  Y=-ԍ #Xw PE37=9XP#Pikes Peak states that the Denver affiliate is 180 miles away.#x6X@`7>FX@#Ѷ 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  Y-indicated that the requisite signal was delivered.x  Yd-ԍ #Xw PE37=9XP#"On April 8, 1993, Pikes Peak's engineer went to Ouray and performed a test. The test location was approximately 200 yards north of Cablevision's headend. Using a Tektronix 2710 spectrum analyzer in the 75 ohm mode (last calibrated on March 10, 1993), a Radio Shack V110 VHF antenna with 20 feet of RG11 cable, and portable color monitor, the engineer obtained a reading of 25.9 dbmv. This converted to 23 dbm. The picture on  Y!-the monitor was clear and the audio was clean." Complaint at page 3.#x6X@`7>FX@#ш 5. According to complainant, Cablevision's next response stated that while it wanted to  Y-carry KJCT it could not afford the necessary equipment. However, this correspondence did  8A   Y|-"| 0*0*0*|"Ԍ 8A not elaborate on why or what type of equipment was necessary for carriage. Cablevision did  Y-not file in opposition to Pike Peak's complaint.1J  Yb-ԍ #Xw PE37=9XP#The city of Ouray filed a statement in which it felt that Ouray's only industry, tourism, would be better served by carriage of the Denver ABC affiliate (because of its statewide and national programming) rather than KJCT's regional programming. The city feels that to require carriage of KJCT would be "forcing KJCTTV down our throats". This claim is not relevant for consideration of this complaint. However, we note that the 1992 Cable Act and our implementing rules provide procedures for modifying television markets for  Y-mustcarry purposes to better reflect marketplace conditions. See 47 U.S.C.  534(h)(1)(C)  Y -and 47 C.F.R.  76.59.#x6X@`7>FX@#1  8A   8A  -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  Y -KJCTTV, fortyfive (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. x` `  hh FEDERAL COMMUNICATIONS COMMISSION x` `  hh  8A William H. Johnson x` `  hh 8A   8A Deputy Chief, Cable Services Bureau