WPCqP 2BJ Z CourierCourierCG TimesCG Times BoldX@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\oeX@26 FPS3|xCourierCG TimestScript ROOM 224HPLAS4.WRSSx  @,,PX@Courier New (TT)CG Times (W1)Times New Roman (TT)Times New Roman (Bold) (TT)2/X/Zo@@ <?xxx,2x6X@`7X@ 8wC;,Xw PE37XP ANE,ܼ PE37PD@NE,"#_ pi744ddzBgBFtBnnyy2do7cQQnCzohcnonvyXzXshn~|yxxxxxxxxxxxxxxxxxxx;B\ddBBBdBBBBddddddddddBBDZY}}vBM}rk}BBBdddYdYdYBdd77d7ddddJM7ddddYYdYxxBdgdddk4xxxxBBggdddzM4xx;BdddddddddQBdddFFdodBdFdQY}}}}BBBBrdYYYYYYYYYYY7777dddddddddddddd<?xxx,2x6X@`7X@ 8wC;,Xw PE37XP ANE,ܼ PE37PD @NE,"#_ pi7D 7zC;,c!Xz_ pi7XV"G($,hG PE37hPV"G($,hG PE37;N_uuµ*NNu;N;AuuuuuuuuuuAAgשN[ЩܩNANnuNgugugNuuAAuAuuuuN[Auuuugp/p~NuguuNNеNNggRuN[N;Nuuuu/uN@uNu]FFNj;NFHugМNNNNugggggggggggAAAAuuuuuuuuuuuuuu"5@^;NuuANNu;N;AuuuuuuuuuuNNu٩[uܩ驩NANuNuggNuANA‚ug[Nuuug\4\y;NN'NN]`Nuuuuuu驩ggggg[A[A[A[Auuuuuuuuuuuuugggggguuuu][[N[uA`u驩gg[[NR;~uNuuuuuuFMuFuFNNuuuNNuuNuNFtN捍:]@suuCzsffz;NuuANNu;N;AuuuuuuuuuuNNu٩[uܩ驩NANuNuggNuANA‚ug[Nuuug\4\yNuuuuNN鵵NNuuRuN[N;Nuuuu4uNFuNu]FFN~;NFMuu驜[[[[uuuuuugggggAAAAuuuuuuuu"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2}@a@@\!"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd>(*t(jBBjjvHH}j<<<@jHHHH((>><><q*"xxxxWWxxxWWkkxxxFX@#   Y -  Y!-x6.` ` In adopting rules to implement this provision, the Commission indicated that changes requested should be considered on a communitybycommunity basis rather than on a"" 0*((#" countybycounty basis, and that they should be treated as specific to particular stations rather  Y-than applicable in common to all stations in the market. u_ Yb-ԍ #XR  P7jQ=9XP#MM Docket 92259, 8 FCC Rcd at 2977, 2977 n. 139. The rules further provide, in accordance with the requirements of the 1992 Cable Act, that a station not be deleted from  Y-carriage during the pendency of an ADI change request.g {u_ Y-#XR  P7jQ=9XP#э 47 C.F.R. 76.59. g  Y-x7.` ` Adding communities to a station's ADI generally entitles that station to insist on cable carriage in those communities. However, this right is subject to several conditions: 1) a cable system operator is generally required to devote no more than onethird of the system's activated channel capacity to compliance with the mandatory signal carriage obligations; 2) the station is responsible for delivering a good quality signal to the principal headend of the system; 3) indemnification may be required for any increase in copyright liability resulting from carriage; and 4) the system operator is not required to carry the signal of any station whose signal substantially duplicates the signal of any other local signal carried, or the signal of more than one local station affiliated with a particular broadcast network. If, pursuant to these requirements, a system operator elects to carry the signal of only one such duplicating signal, the operator is obliged to carry the station from the ADI  Y-whose city of license is closest to the principal headend of the cable system. ,u_ Ym-#XR  P7jQ=9XP#э MM Docket 92259, 8 FCC Rcd at 2981. Accordingly, based on the specific circumstances involved, the addition of communities to a station's ADI may guarantee it cable carriage and specific channel position rights, or may simply provide the system operator with an expanded list of mustcarry signals from which to choose (i.e., when the system has used up its channel capacity mandated for broadcast signal carriage, or determined which of duplicating network affiliated stations are entitled to carriage priority).  Y- MODIFICATION ARGUMENTS  Y-x8.` ` The communities in Fairfield County, Connecticut are considered to be part of the New York, New York area of dominant influence ("ADI"). WTNHTV's HartfordNew Haven, Connecticut ADI includes every Connecticut county except for Fairfield, the reference point of the station's city of license is only 9.74 miles and its transmitter only 14.26 miles from the Fairfield County border, and virtually all of Fairfield County is located within WTNHTV's Grade A contour.  Y!-x9.` ` In support of its petition, WTNHTV states that it has been carried on all of"! 0*((""  Y-the Fairfield County cable systems since those systems began operation. xu_ Yy-#XR  P7jQ=9XP#э Bridgeport: since 1977; Norwalk: since 1982; Newtown: since 1978; Danbury: since 1972; Seymour: since 1972. WTNHTV notes that it already has mustcarry status with respect to the Bridgeport and Seymour systems because those systems also serve communities  Y4-within the HartfordNew Haven ADI. See Report and Order at  41. By including all the communities in the county, WTNHTV seeks to ensure that neither of these two systems would, in the future, threaten its access to its viewers through technical reconfigurations. It contends that it places a strong signal over all of Fairfield County, covering most of the county with city grade service and the remaining portion with a Grade A signal. Further, WTNHTV notes that its local newscasts routinely cover stories and sports events relative to Fairfield  Y-County.1u_ Y^ -#XR  P7jQ=9XP#э WTNHTV states that it carried nearly forty stories originating in Fairfield County communities in one recent sixweek period and that its programming includes investigative reports and news series, in addition to coverage of breaking news. In addition, WTNHTV states that it broadcasts University of Connecticut men's basketball games and reports on the sports teams of the University of Bridgeport, Fairfield University, Sacred Heart University and many of the high school teams in Fairfield County. WTNHTV notes that, except for certain occasions, no Connecticut sports team has their games broadcast on New York stations and reports on teams in Fairfield County are "virtually nonexistent on New York stations." The station also provides coverage of Connecticut events not provided by the New York City stations which already have mustcarry status on Fairfield County systems and several of its news personnel are active in Fairfield County affairs. According to WTNHTV, Fairfield County viewers are dependent upon Connecticut stations such as WTNHTV for their coverage of statewide matters of interest. With respect to viewing patterns, WTNHTV claims that it is now and has been the second mostwatched television station both in cable and noncable homes in Fairfield County during time periods when nonnetwork programming is shown, its newscasts are the highestrated Connecticut newscasts among all county viewers, cable and noncable, and its morning news program is the highestrated program in its time period, consistently garnering over onethird of all households in the county. In support, WTNHTV submits 1991, 1992 and 1993 Nielsen Household Rating/Share data for Fairfield County for the five time periods programmed by WTNHTV with locallyproduced or syndicated programming. WTNHTV notes that during the remaining time periods, which carry programming from the ABC Television Network, it also  Yc-attracts a substantial number of Fairfield County viewers.;vcu_ Y"-#XR  P7jQ=9XP#э We note that data from Arbitron's 1992 County Coverage Survey, Standard/Fringe Volume, which shows a 9% total county share, and a 50% total net weekly circulation, in cable and noncable households, confirms WTNHTV's contention. We also note that, although the data is countybased, rather than communityspecific, absent evidence that such data is not fairly reflective of viewing in the actual communities in question, we shall accept such data as probative, though not conclusive.; "L?0*(("Ԍ Y-( DISCUSSION  Y-  Y-x 10.` ` WTNHTV's petition is consistent with the applicable standards and will be granted. The communities in question are close geographically to WTNHTV's community of license and transmitter, are well within its service area, and are logically part of its market area. WTNHTV has shown Grade A coverage to all of the Fairfield communities. We have previously stated that this is sufficient to demonstrate coverage or other local  Y`-service.`u_ Y-ԍ#XR  P7jQ=9XP# MM Docket 92259, 8 FCC Rcd at 2977. See also paragraph 5, supra.ĥ WTNHTV has demonstrated a long history of carriage on the cable systems serving the above communities. It has further provided information as to a lack of specific coverage of local events, sports or news in these communities by other stations presently eligible to assert mandatory carriage rights on cable systems serving these communities. And finally, the available evidence of cable and noncable household viewing patterns for Fairfield  Y -County indicates widespread viewership of WTNHTV. n {u_ Y-ԍ #Xw PE37=9XP#This determination is subject to all generally applicable limitations on signal  Y-carriage rights, including copyright liability, channel capacity, and program duplication. See  Y-paragraph 7, supra.#x6X@`7>FX@#n  X - :ORDER ă  Yz-x 11.` ` In view of the foregoing, we find that grant of WTNHTV's petition is in the public interest.  Y5-x 12.` ` Accordingly, it IS ORDERED, pursuant to 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. 534, and 76.59 of the Commission's Rules, 47 C.F.R. 76.59, that the captioned petition for special relief filed May 24, 1993, by Cook Inlet Communications Corp. IS GRANTED. This change shall be effective in accordance with the following schedule: Cook shall notify the cable systems in question in writing of its carriage and channel position elections, see 47 C.F.R. 76.56, 76.57, 76.64(f), within  Y-thirty (30) days of the release date of this Memorandum Opinion and Order. The affected cable systems shall come into compliance with the applicable rules within 60 days of such notification. "Q0*((>"  Y-x 13.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. XxX` ` X hh FEDERAL COMMUNICATIONS COMMISSION(# x` `  hh William H. Johnson x` `  hh Deputy Chief, Cable Services Bureau