$//MO&O Granting Triax recon of W41BL-TV grant, DA-95-555//$
$/300.534 Carriage of low power television stations/$
$/76.61(a) Complaints regarding low power television stations/$
$/1.106 Petitions for Reconsideration/$
$///DA 95-555 3/21/95///$
///newjob///

                                                 Before the
                          FEDERAL COMMUNICATIONS COMMISSION
                                            Washington, D.C. 20554
              DA-95-555


In re:        )
              )
Complaint of Lightning              )      CSR- 4265-M
Broadcasting Company )
against Triax )
Communications Corporation          )
              )
Petition for Reconsideration        )

                         MEMORANDUM OPINION AND ORDER

              Adopted: March 17, 1995      Released:  March 24, 1995

By the Cable Services Bureau:


       1.  On February 9, 1995, a supplemental response was filed on behalf of Triax
Communications Corporation, operator of cable systems serving Bethany, Findlay, Herrick,
Oconee, Sullivan, and Tower Hill, Illinois.  Triax requests that the Commission reconsider
its January 25, 1995 order requiring Triax to commence carriage of low power television
station W41BL (Channel 41), Effingham, Illinois (the "Station"), within 45 days unless Triax
submitted within 15 days additional engineering data in support of its assertion of poor signal
quality.  We shall treat this pleading as a petition for reconsideration.  No oppositions to this
petition have been received.

       2.  In support of its request, Triax submits engineering data for the six named
systems consisting of five signal level readings over the course of a two-hour period.  In
addition, Triax maintains that its engineers properly oriented the test antenna at each headend
in the direction of the Station's transmitter tower and "peaked" the antenna until the best
signal level reading was received.  These tests were conducted by Triax's Chief Technician,
Rockie Marsh, on February 1, 2, 6, and 7, 1995.  Each set of data purport to demonstrate,
consistent with Commission requirements, that W41BL's signal strength at each headend is
substantially below the level of -45 dBm required for UHF stations.

       3.  Staff review of the undisputed engineering data submitted by Triax confirms its
contention that W41BL's signal quality at the system's designated headends is not sufficient
to entitle the Station to mandatory carriage on Triax's cable systems serving Bethany,
Findlay, Herrick, Oconee, Sullivan, and Tower Hill, Illinois.  Accordingly, the supplemental
response, filed February 9, 1995, on behalf of Triax Communications Corporation IS
GRANTED, and our Order adopted January 25, 1995, IS RESCINDED, pursuant to
authority delegated in 0.321 and 1.106 of the Commission's Rules.


                                 FEDERAL COMMUNICATIONS COMMISSION






                                 William H. Johnson, Deputy Chief
                                 Cable Services Bureau