$//MO&O Dismissing complaint of W49AI, DA-95-80//$
$/300.534 Carriage of local commercial television signals/$
$/76.61 Disputes concerning carriage/$


///newjob///
$///DA 95-80,1/23/95///$
                               Before the 
                    FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C. 20554
                                                       DA-95-80


In re:                        )
                              )
Complaint of Citrus County              )             CSR-4227-M
Association for Retarded Citizens       )             FL0258
                              )
against Mickelson Media, Inc.           )
d/b/a Century Cable                )
                              )
Request for Carriage                    )

MEMORANDUM OPINION AND ORDER
       
     Adopted:  January 19, 1995         Released:  January 26, 1995

By the Cable Services Bureau:

     1.   On February 1, 1994, Citrus County Association for Retarded Citizens
("CCARC"), licensee of low power television Station W49AI, Inglis-Yankeetown, Florida,
filed a complaint pursuant to Section 76.61 of the Commission's rules claiming that
Mickelson Media, Inc. d/b/a Century Cable ("Century"), an operator of a cable television
system serving Dunnellon, Florida, refused to carry the station.  CCARC's complaint
alleges that W49AI is a qualified low power television station within the meaning of Section
76.56(b)(3) of the Commission's rules and, therefore, is entitled to carriage.  CCARC
requests that the Commission order Century to carry its signal. Century filed an opposition to
the petition on March 24, 1994.  CCARC responded in a motion to strike Century's
Opposition, to which Century responded. 


     2.   In support of its complaint, CCARC argues that W49AI meets all of the
qualifying criteria under Section 76.55(d) of the Commission's rules.  CCARC states that on
November 29, 1993, CCARC notified Century of its obligation to carry W49AI, but Century
did not respond to the request for carriage.  Subsequently, Century made an oral
representation to CCARC that W49AI's signal to the Dunnellon headend was inadequate to
permit carriage on the system.  Century did not respond to CCARC's request for written
confirmation of that assessment nor did Century provide CCARC with a copy of the signal
strength survey before the complaint was filed.  

     3.   In its opposition, Century states that the signal test measurements it conducted
on May 2 and May 3, 1994, using a Channel Master 5646 broadband antenna indicate that
the signal strength level for W49AI at the Dunnellon headend range between -50.55 dBm and
-50.85 dBm. Century argues that because the signal quality test results are below the
minimum -45 dBm required by the Commission for mandatory signal carriage of a UHF
station, CCARC's signal is not qualified for carriage on its system.  

     4.   Section 76.56(b)(3) of the Commission's rules requires the carriage of
"qualified" low power television ("LPTV") stations in certain limited circumstances.
A LPTV station that conforms to the rules established for LPTV stations in Part 74 of the
Commission's Rules will be considered "qualified" only if:  1) it broadcasts for at least the
minimum number of hours of operation required under 47 C.F.R. Part 73; 2) it adheres to
Commission requirements regarding nonentertainment programming and employment
practices and the Commission determines that the programming by the LPTV station would
address local news and informational needs which are not being adequately served by full
power television broadcast stations because of geographic distance of such full power stations
from the low power station's community of license; 3) it complies with interference
regulations consistent with its secondary status; 4) it is located no more than 35 miles from
the cable system's headend and delivers to the principal headend an over-the-air signal of
good quality; 5) the community of license of the station and the franchise area of the cable
system are both located outside the largest 160 Metropolitan Statistical Areas (MSA's) on
June 30, 1990, and the population of such community of license on that date did not exceed
35,000; and 6) there is no full power television broadcast station licensed to any community
within the county or other political subdivision (of a State) served by the cable system. 

     5.   The 1992 Cable Act adopted a standard for a good quality signal of
commercial televisions station.  The Commission has determined that a television station
must deliver to the principal headend of a cable system either a signal level of -45 dBm for
UHF signals or -49 dBm for VHF signals to be qualified for carriage.  Because the cable
operator is in the best position to know whether a given station is providing a good quality
signal to the system's principal headend, we have stated that the initial burden of
demonstrating the lack of a good quality signal appropriately falls on the cable operator.  In
meeting this burden, the cable operator must show that it has used good engineering practices
to measure the signal delivered to the headend.

     6.   In following sound engineering measurement practices, signal strength surveys
should, at a minimum, include the following:  1) specific make and model numbers of the
equipment 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 test were done.  

     7.   Generally, if the test results are less than -51 dBm for a UHF station, at least
four readings must be taken over a two-hour period.  Where the initial readings are between
-51 dBm and -45 dBm, inclusive, the readings should be taken over a 24-hour period with
measurements not more than four hours apart to establish reliable test results.  


     8.   In this instance, Century determined that W49AI's signal strength at the
Dunnellon headend was below the requisite level of -45 dBm for a UHF commercial station. 
Century's initial reading at the Dunnellon system headend was -50.45 dBm, and subsequent
readings over a twenty-four hour period show a range in signal strength between -50.55 and 
-50.85 dBm.  When measured against our criteria for sound engineering practices, we
conclude that the data submitted by Century is sufficient to demonstrate that W49AI's signal
is not of "good quality" at the cable system's headend.

     9.   CCARC, in a June 7, 1994 letter to Century, without conceding the validity of
the Century's signal testing results, offered to provide at its own expense whatever
equipment is reasonably necessary to provide the "FCC-specified minimum signal level at the
headend."  According to CCARC's letter filed August 2, 1994, Century failed to respond to
that offer.  While we encourage CCARC's and Century's efforts to negotiate a resolution of
their dispute, this offer by CCARC cannot remedy poor signal quality.  Neither the 1992
Cable Act nor our rules allow a low power television station to cure a signal quality
deficiency with additional equipment as full power television stations are allowed to do.

      10.   We find that W49AI is not a qualified low power television station under
Section 76.55(d) of the Commission's rules because it fails to deliver a good quality signal to
the headend of Century's Dunnellon cable system.  Accordingly, the complaint filed
February 1, 1994, by Citrus County Association for Retarded Citizens IS DISMISSED in
accordance with Sections 76.55(d) and 76.56(b)(3) of the Commission's rules.  

      11.   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