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                         NOTICE


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$//MO&O Denying WYIN carriage on Michiana Cablevision, DA-95-728//$
$/300.535 Carriage of noncommercial educational television/$
$/76.61(b) Complaints regarding qualified NCE stations/$
$DA 95-728 4/5/94///$
///newjob///


                                Before the 
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
                                                       DA-95-728


In re:                             )
                              )
Complaint of Northwest Indiana          )
Public Broadcasting, Inc.               )         CSR-4425-M
                              )         MI0881
Request for Carriage               )

                    MEMORANDUM OPINION AND ORDER

          Adopted: April 3, 1995             Released: April 11, 1995 

By the Cable Services Bureau:


     1.   On October 5, 1992, the Cable Television Consumer Protection and
Competition Act of 1992 (1992 Cable Act) became law.  On March 11, 1993 the
Commission adopted a Report and Order to implement the mandatory broadcast signal
carriage ("must-carry") provisions of the Cable Act.  The must-carry rules are applicable to
non-commercial educational television broadcast stations ("NCE's").  On December 8, 1994,
Northwest Indiana Public Broadcasting, Inc., ("NIPB") licensee of Station WYIN (Educ.,
channel 56), Gary, Indiana, filed a Petition for Declaratory Ruling Under Section 5 of the
1992 Cable Act ("Petition") alleging that Cable Properties Associates, operator of Michiana
Cablevision ("Michiana"), improperly denied carriage of WYIN's signal on Michiana's cable
system serving New Buffalo, Michigan.  NIPB requests that the Commission order Michiana
to carry WYIN's signal.  No opposition to NIPB's Petition was filed.

     2.   Under the 1992 Cable Act and the Commission's must-carry rules, cable
operators are required to carry the signals of qualified local NCE's.  To be considered a
qualified local NCE, a station must be licensed to a principal community whose reference
point is within 50 miles of the principal headend of the cable system on which it seeks
carriage, or its Grade B service contour must encompass the principal headend of the cable
system.

     3.   NIPB claims that the Michiana system's principal headend located at latitude
41	 48' 00" longitude 86	 32' 05" is within 50 miles of WYIN's community of license and is
within WYIN's Grade B service contour. WYIN therefore is said to be a qualified local NCE
entitled to carriage on Michiana's cable system.  We find, based on our review of the Grade
B service contour map in WYIN's station license file at the Commission, that WYIN's Grade
B service contour does not encompass the Michiana system's principal headend.  However,
we also find that WYIN's community of license, Gary, Indiana, whose reference point is
latitude 41	 35' 59" longitude 87	 20' 07", is within 50 miles of the Michiana system's
principal headend located at Three Oaks, Michigan. According to our calculations, Gary,
Indiana, is 43.7 miles from Three Oaks, Michigan.  We conclude, therefore, that WYIN is a
qualified local NCE entitled to carriage on the Michiana cable system.

     4.   Accordingly, the petition filed December 8, 1994, by Northwest Indiana
Public Broadcasting, Inc. IS GRANTED, pursuant to Section 615(j)(3) (47 U.S.C.  535) of
the Communications Act of 1934, as amended, and Cable Properties Associates dba Michiana
Cablevision IS ORDERED to commence carriage of  Station WYIN sixty (60) days from the release date of this Order on its system serving New Buffalo, Michigan.  This action is taken
by the Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the
Commission's Rules.


                                 FEDERAL COMMUNICATIONS COMMISSION






                                 William H. Johnson
                                 Deputy Chief, Cable Services Bureau