$//MO&O Dismissing complaint of W19BN, DA-95-81//$ $/300.534 Carriage of local commercial television signals/$ $/76.61 Disputes concerning carriage/$ ///newjob/// $///DA 95-81,1/23/95///$ Before the Federal Communications Commission Washington, D.C. 20554 DA-95-81 In re: ) ) Complaint of Wolfe ) CSR-4203-M Communications, Inc. ) against Times Mirror ) Cable Television of Defiance, Ohio, Inc. ) d/b/a Dimension Cable Services ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: January 18, 1995 Released: January 26, 1995 By the Cable Services Bureau: 1. On January 28, 1994, Wolfe Communications, Inc. ("Wolfe"), licensee of low power television station W19BN (Channel 19), Defiance, Ohio, filed a complaint against Times Mirror Cable Television of Defiance, Ohio, Inc. d/b/a Dimension Cable Services ("Times Mirror"), an operator of systems serving Defiance and Napoleon, Ohio on the grounds that Times Mirror had declined to carry the station, pursuant to Section 76.61 of the Commission's rules. Wolfe's complaint alleges that W19BN is a fully-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 on subject cable systems. Wolfe requests that the Commission order Times Mirror to carry W19BN. Times Mirror filed an opposition on February 24, 1994, to which Wolfe responded. 2. Under Section 76.56(b)(3) of the Commission's rules a cable system that has insufficient full power television signals to reach its channel set aside shall carry at least one qualified low power television ("LPTV") station. 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 provision of such programming by the station would address local news and informational needs which are not being adequately served by full power television broadcast stations because of the geographic distance of such full power stations from the low power television 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. 3. In support of its petition, Wolfe argues that W19BN meets all of the qualifying criteria under Section 76.55(d) of the Commissions rules. In opposition, Times Mirror asserts that Wolfe is not qualified because with respect to its Napoleon system Wolfe does not deliver a good quality signal to that system's headend and because W19BN's children's programming does not meet the Commission's requirements. Moreover, Times Mirror argues, the local news and information needs of the community are adequately met by several full power television stations in the area. 4. In its complaint, Wolfe states that the programming on W19BN is locally oriented and addresses local news and informational needs. Wolfe maintains that these needs are not adequately met by any full power television stations because of the distance of such stations from the communities at issue. In addition, Wolfe alleges that it meets the Commissions requirements for children's programming. 5. In its opposition, Times Mirror argues that Wolfe failed to demonstrate that its programming satisfies the Commission's requirement for children's programming. Times Mirror argues that W19BN's 20 to 40 second character generated screens do not meet the mandate for standard-length educational and informational children's programming. In addition, Times Mirror states that local news and informational programming needs are met in Defiance and Napoleon by four significantly viewed Toledo ADI full power broadcast stations and a PBS affiliate. Times Mirror asserts that these stations are no more than 55 miles from Defiance and 40 miles from Napoleon and provide public affairs programming covering issues relating to northwest Ohio communities, including Defiance and Napoleon. 6. Wolfe emphasizes in its response that its format of character generated programming benefits children by encouraging them to read. Wolfe argues that its programming "Increase Your Vocabulary", "Riddle" and "Did You Know" are targeted at school age children and are standard length (or longer) relative to all other programming broadcast on W19BN. In addition, Wolfe responds that the informational programming is available 24 hours a day to Northwest Ohio and in greater detail, in contrast to such programming from the full power television stations. 7. We are persuaded by Times Mirror's argument that W19BN does not meet the requirements for children's television programming under Part 73 of the Commissions rules. Under Section 76.671 of the Commission's rules television licensees are required to provide some children's programming. The Commission does not substitute its judgment in the place of broadcasters to determine how they should provide children's programming. The Commission has not established minimum programming requirements, however, we do require that some standard length (at least one half-hour long) programs specifically designed to serve the educational and informational needs of children must be aired to fulfill a broadcaster's obligations under the Children's Television Act of 1991. Wolfe's complaint and supporting documentation indicate that the all children's programming broadcast by W19BN is less than one half-hour in duration. Therefore, we conclude that W19BN fails to meet the Commission's requirements for children's programming. As a consequence, we need not reach the issue as to whether W19BN's programming addresses local news and informational needs that are not being adequately met by other area full power stations because of the distance of those stations from Defiance, Ohio, W19BN's community of license. 8. We find that Wolfe fails to meet the qualifying criterion for children's television programming required under Section 76.55(d) of the Commission's rules and, thus, is not entitled to mandatory carriage on Times Mirror's Napoleon or Defiance cable systems. Therefore, we need not address Times Mirror's allegation that W19BN does not deliver a good quality signal to the principal headend of the Napoleon cable system. 9. We find that W19BN does not meet the requirements for a qualified low power television station. Accordingly, the complaint filed on January 28, 1994, by Wolfe Communications Inc., IS DISMISSED in accordance with Sections 76.55(d) and 76.56(b)(3) of the Commission's rules. 10. 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