WPC/* 2BJ Z CourierCourierCG TimesCG Times BoldX@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\_)^X@26 FPZ3|x CourierCG TimesTimes New Roman (TT)Times New Roman (Bold) (TT)HP LaserJet 4/4MtScript ROOM 224HPLAS4.WRSSx  @,,PX@29 X!@y@@ <?xxx,2x6X@`7X@8wC;,Xw PE37XPD7zC;,c!Xz_ pi7XV"G($,hG PE37hP"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd><q*"xxxxWWxxxWWkkxxxFX@# Therefore, EagleVision argues that either a literal reading or a special application of Section 76.56(b)(5) of the Commission's Rules also exempts these systems from mandatory carriage of KRTW. EagleVision is aware that one station may be selling jewelry, while the other is demonstrating pots and pans, but it maintains that there is little real difference between the two in their manner of selling or discussing their wares or in what little visual or intellectual information they present, unlike the news, drama, or comedy of other commercial stations. x4. EagleVision also notes that the burden of adding KRTW to its seven systems with fewer than 100 subscribers, or to its other eleven systems with fewer than 250 subscribers, would be particularly expensive relative to their potential revenues, because it would ". . . include addition of receiving and signal processing equipment, readjustment and purchase of new traps, and labor costs. . . ." Therefore, EagleVision requests that the Commission"!0*(("" waive its mandatory carriage requirement for these systems, even though they may have more than the twelve activated channels specified in the Commission's present exception to its rules. Section 76.56(b)(5) of the Commission's Rules. Finally, EagleVision states that, since it will obey any Commission order, and has not denied KRTW carriage for any malicious or anticompetitive reason, but rather because of its sincere belief that the programming of KHSH and KRTW are essentially duplicative of each other, it should not be subject to forfeiture or to other Commission sanctions, citing n. 205 to the Commission's  Y_-Report and Order in MM Dockets 92259, 904, and 92295, 8 FCC Rcd 2965, 2982 (1993). x5. In its reply, KRTW repeats its request for Commission sanctions against  Y -EagleVision, noting the failure of Eaglevision to comply with the substantive or procedural  Y -#Xw PE37=9XP#э Including in particular Section 76.58(e) of the Rules. aspects of the rules, to present sufficient evidence to demonstrate that the rules are inapplicable, or even any attempt to quantify the cost of adding KRTW to its smaller systems. 8A(   8A( Finally, KRTW asserts that no other Houston area station broadcasts Value Vision programming, and that comparing it to the home shopping programming provided by KHSH would involve the Commission in contentbased judgements, thereby compromising the Constitutionallymandated content neutrality of its mandatory carriage rules, citing the  Y{-Commission's Report and Order in MM Docket 938, 8 FCC Rcd 5321, 5329 (1993).  Y8- DISCUSSIONpp  Y -x6. Based on the information in its filing, sworn to under penalty of perjury by John Bailie, general manager of EagleVision based on his personal knowledge, it appears that EagleVision on its systems in Colony Oaks TX1772, Idlewood Park TX1986, Kempwood Village TX1666, La Fontaine TX1988, Napoleon Square TX2038, Parkway TX1780, Parkway TX1780, Meadowridge TX 1987, Rivertree (TX2036), Thousand Oaks TX1787, and Westborough Crossing TX1649 has already devoted the maximum amount of channel space to the carriage of commercial broadcast station signals that is required by the statute. Accordingly, with respect to these operations, KRTW's complaint will be denied. With respect to the other operations, however, EagleVision has not justified its failure to comply with the applicable rules and statutorilymandated carriage provisions. EagleVision has failed to introduce any evidence, other than mere conclusory statements, to justify its request that it not be required to comply with the rules. As KRTW points out, Eagle Vision has submitted no data relative to the potential revenues versus the potential expenses which  Y-might be incurred by the smaller systems if they were required to add KRTW.   Y!- x 7. We also reject EagleVision's contention that programming supplied by one shopathome broadcast station is by its very nature, substantially duplicative of that supplied by any other shopathome broadcast station. The mere fact that two stations share the same format is not grounds for concluding that their programming is duplicative for purposes of"l$y0*((%" the Commission's must carry rules. The Commission's standard for what constitutes duplicative programming is set forth in Section 76.56(b)(5) of the Rules, and EagleVision has failed to introduce any evidence pursuant to this rule's requirements. Furthermore, the  Y-Commission has held that it would not be in the public interest for it to base waivers of its  Y-rules upon considerations of format. FCC v. WNCN Listeners Guild, 450 U.S. 582 (1981).I Y-#Xw PE37=9XP#э Based upon the record before us, we will not issue a forfeiture against EagleVision at  Y-this time. However, in response to this Order and in the future we expect more careful compliance with the requirements of the rules. I  Ya- ORDERING CLAUSES x8. Accordingly, IT IS ORDERED, that the "Complaint" filed December 16, 1993, by Pray, Inc., licensee of Television Broadcast Station KRTW, IS DENIED with respect to Colony Oaks TX1772, Idlewood Park TX1986, Kempwood Village TX1666, La Fontaine TX1988, Napoleon Square TX2038, Parkway TX1780, Parkway TX1780, Meadowridge TX 1987, Rivertree (TX2036), Thousand Oaks TX1787, and Westborough Crossing TX1649 and otherwise IS GRANTED in accordance with Section 614(d)(3) (47 U.S.C. 534) of the Communications Act, as amended. x9. IT IS FURTHER ORDERED, That Nationwide Communications, Inc. d/b/a/ EagleVision SHALL CARRY the signal of Television Broadcast Station KVVV (Ind., Channel 57), Baytown, Texas (formerly, KRTW), in compliance with this Order within fortyfive (45) days of its release date. x10. IT IS FURTHER ORDERED, That Nationwide Communications, Inc. d/b/a/ EagleVision SHALL FULLY COMPLY with Section 76.58(e) of the Commission's Rules by refiling the required notice in accordance with the provisions of Section 76.58(e) for each of the systems involved within fifteen (15) days of the release date of this Order. x11. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules. x` `  hh FEDERAL COMMUNICATIONS COMMISSION x` `  hh William H. Johnson x` `  hh Deputy Chief, Cable Services Bureau