WPC"s 2BJ Z Courier3|x CG Times BoldX@`7X@HP LaserJet 4_230_1HPLAS4.PRS 4x  @\oeX@2 6 FPv3|x CourierCG TimestScript ROOM 224HPLAS4.WRSSx  @,,JX@a8DocumentgDocument Style StyleXX` `  ` 2=pRkk-a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  2votY a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2  o  a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h 22   Y 2 a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technical2d 4Ba1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   2"o1a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . 2 3oea8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd\`?Ia"5@^2CTdd+CCd2C28ddddddddddCCdzzzzCYozzdozzooN8NTdCddYdY8dd88Y8ddddNN8dYYYNP7Pl2CC!CCPRCddzdzdzdzdzdYzYzYzYzYC8C8C8C8dddddddddoYzddddoYdzdzdzdzdYYYzYzYzYddddddPdCdCCCdYYo8oRdddzNzRdNdNNF2idNdddddd7>d<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYdCourier New (TT)CG Times (W1)WP MultinationalA Roman (TT)Clarendon Cd (W1) (Bold)Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)Courier New (Italic) (TT)<?xxx,2x6X@`7X@ _8wC;,Xw PE37XP`ANE,ܼ PE37PDa@NE,"#_ pi7b@|ND,C|\  P6G;Pc7jC:,Xj\  P6G;XPd7nC:,/4Xn4  pG;XDe7zC;,c!Xz_ pi7XfW!@(#,h@\  P6G;hP<R&HHH,,H6X@`7h@.O7UC2XmxXU4  pQXPW!0(XW h0\  P6QhPQ5PC2XEXP*f9 xQXXt?xxxXZXx6NhQXH       2[f Df XP7i",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`L",tB^ f ^ENluuNNNuNNNNuuuuuuuuuuNNhN[}NNNuuNhuhuhNuuAAuAuuuuV[Auuuuhhuhu=uuuuuNuuuuuuuuuAhhhhhhhhhhNANANANAuuuuuuuuuuhuuuuuuguggguuguuguuuuuuuNAuuuuNuuuuATuFAuuuuuTTu~Y~Y~Y}uTAuuuuuuuuggguuu}uuuNuuNNNWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNuuuNh__uuuuuuRuuuuRNNyyu<<uuuuuNyuR"uyuCuNNNuuuuNuhulcuhhNNNNh[huhNAhhuhuuuhhNuhNNuuuuuuuNuhN /;k  PP9~~+k~~KkKk&&pY2Vgf [C#&",tB^ f ^ENluuNNNuNNNNuuuuuuuuuuNNu[pNNNuuNuhhRuANAuh[Nuuuhuuuu=uuuuuNuuuuuuuuAuuuuuhhhhh[A[A[A[AuuuuuuuuuuuuugguuguuguuuuuYAuuu[uuA]u[AuugguY[Yu]OuughguuuuNuuNNNWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNuuuNuccuuuuuuRuuuuRNNu<<uuuuuNuR"uuCuNNNuuuuNuhupcuuuNNNNh[hhh[Ahhuhuuuhh[uhNNuuuuuuuNuhN /;k  PP9~~+k~~KkKk&&pY2rf gB&Z",tB^ f ^;C]ddCCCdCCCCddddddddddCCdxN`xoCCCddCdoYoYFdo8Co8odooYNCodddYdddd4dddddCddddddddo8dddddYYYYYN8N8N8N8oddddooooddpddddxodddXXddXddXdddddooL8doddNorddo8PdN8ppoddXXdpLoNpLodPDdopoopodXYXodoodddCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"dsd9dCCzCddoddCdYds`zUvdddCCCCzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC\   pxtll\tll@\@\`L2 s Y-#XR  P7jQXP#$//Grant of KJCTTV's ADI Modification Petition, DA95769//$ $/76.7 Special Relief and mustcarry complaint procedures/$ $/76.59 Modification of television markets/$ $/300.534 Carriage of local commercial television signals/$ ///newjob/// $///DA 95769,4/12/95///$  a <   I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)# PE37ܼP#- Before the l Federal Communications Commission Washington D.C. 20554  a! <TP x` `  hh@hpp  xx#^\  P6QCP#DA95769  Y+-#Xw PE37XP#  X-#XP\  P6QXP#In re:x` ` hh@h) x` ` hh@h)  X-PIKES PEAK BROADCASTING COMPANYh)ppCSR3819A  X-Grand Junction, Coloradohh@h) x` ` hh@h)  X-For Modification of Stationhh@h)  Xs-KJCTTV's ADI hh@h)  XE-  MEMORANDUM OPINION AND ORDER TP  X-xAdopted: April 6, 1995hh@Released: April 17, 1995 By the Cable Services Bureau:  X- #Xw PE37XP#INTRODUCTION ă  Xv-#XP\  P6QXP#  XH!-1.x1. On April 22, 1993, Pikes Peak Broadcasting Company ["KJCTTV"], licensee of Station KJCTTV (ABC, Channel 8), Grand Junction, Colorado, filed a petition for special relief that seeks to include within the Grand JunctionDurango, Colorado "area of dominant influence" the communities of Carbondale, Glenwood Springs, New Castle, Parachute, Rifle, and Silt, Colorado, as well as certain surrounding unincorporated areas of Garfield County,"$0*0*0*$"  X-Colorado. KJCTTV's petition is unopposed.v Yy<ԍ #Xw PE37XP# KJCTTV's petition initially sought also to include communities in Montezuma County, Colorado, within the Grand JunctionDurango, Colorado ADI. This portion of KJCTTV's petition was opposed by Pulitzer Broadcasting Company, licensee of Station KOATTV (ABC, Channel 7), Albuquerque, New Mexico. On May 21, 1993, KJCTTV modified its petition, withdrawing its Montezuma County request, and thus rendering moot the opposition.  X-" BACKGROUND  X-TP x2. Pursuant to 4 of the Cable Television Consumer Protection and Competition Act  X_-of 1992 ("1992 Cable Act")|_s Y<ԍ #Xw PE37XP# Pub. L. No. 102385, 106 Stat. 1460 (1992).| and implementing rules adopted by the Commission in its Report  XJ-and Order in MM Docket 92259,rJ s Y<ԍ #Xw PE37XP#8 FCC Rcd 2965, 29762977 (1993).r a commercial television broadcast station is entitled to assert mandatory carriage rights on cable systems located within the station's market. A station's market for this purpose is its "area of dominant influence," or ADI, as defined by the  X -Arbitron audience research organization.1 Q s Y <ԍ #Xw PE37XP#Section 4 of the 1992 Cable Act specifies that a commercial broadcasting station's market shall be determined in the manner provided in 73.3555(d)(3)(i) of the Commission's Rules, as in effect on May 1, 1991. This section of the rules, now redesignated 73.3555(e)(3)(i), refers to Arbitron's ADI for purposes of the broadcast multiple ownership rules. Section 76.55(e) of the Commission's Rules provides that the ADIs to be used for purposes of the initial implementation of the mandatory carriage rules are those published in Arbitron's  YQ-19911992 Television Market Guide. An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. Essentially, each county in the United States is allocated to a market based on which homemarket stations receive a preponderance of total viewing hours in the county. For purposes of  X -this calculation, both overtheair and cable television viewing are included._ Js Y#<ԍ #Xw PE37XP#Certain counties are divided into more than one sampling unit because of the topography involved. Also, in certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a preponderance of the  YJ'-audience in that county. Refer to Arbitron's Description of  Y3(-Methodology handbook for a more complete description of how counties are allocated." q0*0*0* "Ԍx3. Under the Act, however, the Commission is also directed to consider changes in ADI areas. Section 614(h)(1)(C) provides that the Commission may: Xxwith respect to a particular television broadcast station, include additional communities within its television market or exclude communities from such station's television market to better effectuate the purposes of this section.  In considering such requests, the 1992 Cable Act provides that: Xxthe Commission shall afford particular attention to the value of localism by"J0*0*0*" taking into account such factors as:  Xx(I) whether the station, or other stations located in the same area, have been  X-historically carried on the cable system or systems within such community;  Xx(II) whether the television station provides coverage or other local service to such community;  Xx(III) whether any other television station that is eligible to be carried by a cable system in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and  Xx(IV) evidence of viewing patterns in cable and noncable households within the areas served by the cable system or systems in such community.  x4. The legislative history of this provision indicates that: Xxwhere the presumption in favor of ADI carriage would result in cable subscribers losing access to local stations because they are outside the ADI in which a local cable system operates, the FCC may make an adjustment to include or exclude particular communities from a television station's market consistent with Congress' objective to ensure that television stations be carried in the areas which they serve and which form their economic market.  * * * * * Xx[This subsection] establishes certain criteria which the Commission shall consider in acting on requests to modify the geographic area in which stations have signal carriage rights. These factors are not intended to be exclusive, but may be used to demonstrate that a community is part of a particular station's  X -market. s Y<ԍ #Xw PE37XP# H.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).   X-x5. The Commission provided the following guidance in the Report and Order to aid decision making in these matters: XxFor example, the historical carriage of the station could be illustrated by the  X"-submission of documents listing the cable system's channel lineup (e.g., rate cards) for a period of years. To show that the station provides coverage or  Xl$-other local service to the cable community (factor 2), parties may demonstrate that the station places at least a Grade B coverage contour over the cable community or is located close to the community in terms of mileage. ">&y0*0*0*%" Coverage of news or other programming of interest to the community could be demonstrated by program logs or other descriptions of local program offerings.  X-The final factor concerns viewing patterns in the cable community in cable and noncable homes. Audience data clearly provide appropriate evidence about this factor. In this regard, we note that surveys such as those used to demonstrate significantly viewed status could be useful. However, since this factor requires us to evaluate viewing on a community basis for cable and noncable homes, and significantly viewed surveys typically measure viewing only in noncable households, such surveys may need to be supplemented with additional data  X3-concerning viewing in cable homes.z3s Y <ԍ #Xw PE37XP#8 FCC Rcd at 2977 (emphasis in original).z  x6. In adopting rules to implement this provision, the Commission indicated that requested changes should be considered on a communitybycommunity basis rather than on a countybycounty basis, and that they should be treated as specific to particular stations rather  X -than applicable in common to all stations in the market.h ys Y<ԍ #Xw PE37XP# Id. and  n. 139.h The rules further provide, in accordance with the requirements of the 1992 Cable Act, that a station not be deleted from  X-carriage during the pendency of an ADI change request.e *s Ym<ԍ #Xw PE37XP#47 C.F.R. 76.59.e 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 whose city of license is  Xg-closest to the principal headend of the cable system.c gs Y!<ԍ #Xw PE37XP# 8 FCC Rcd at 2981.c 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  X"-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).  X!-  MARKET FACTS AND ARGUMENTS OF THE PARTIES"! 0*0*0* "Ԍ X- x8. The communities here in question are all in Garfield County, Colorado, which is assigned by Arbitron to the Denver, Colorado ADI. The Grand JunctionDurango, Colorado ADI borders Garfield County to the south. The communities are located between Grand Junction and Denver. x9. In support of its petition, KJCTTV notes that its Grade B contour covers most of Garfield County, and that the station conducts outreach to and also supports area civic and community groups and public service organizations. KJCTTV further notes that Garfield County is immediately adjacent to Mesa County, in which the station's city of license is located, and that the station was granted significantly viewed status in Garfield County by the  X -Commission in 1991, citing Pikes Peak Broadcasting Co. (KJCTTV), Cable Television Actions Report No. 3372, Mimeo No. 21281 (released January 3, 1992). KJCTTV submits a list of news stories it aired from January 1, 1992 to April 14, 1993 concerning issues and events affecting Garfield County, and notes that the station's sports coverage "includes sports and highlights from prepschool teams including Rifle, Glenwood Springs, and Basalt," and that the station provides weather forecasts and information for Rifle/Glenwood three times daily. KJCTTV also states that its city of license, Grand Junction, is only 74.2 miles from Glenwood Springs, and the major population center of Garfield County, while Denver is 125.4 miles from Glenwood Springs.  X- ANALYSIS AND DECISION ă x 10. The inclusion of the communities in question within the market area of KJCTTV for purposes of the cable television broadcast mandatory signal carriage rules is, considering all of the circumstances presented, consistent with the purposes specified in 614(h)(1)(C), and its petition will accordingly be granted. KJCTTV is licensed to Grand Junction, Colorado within the Rocky Mountain area to the west of Denver on the far side of the continental divide. Television reception patterns in the Grand Junction and Denver ADI areas reflect the mountainous terrain, the relatively sparse population within the region, and the widespread use of translators, cable, and satellite stations to improve station coverage. Grand Junction is only 74.2 miles from Glenwood Springs, which is the major population center of Garfield County, while Denver, the core population area of the Denver ADI, is 125.4 miles from Glenwood Springs. KJCTTV, based on contour prediction calculations, is shown to place a Grade B contour over most of Garfield County whereas the stations licensed in Denver, whose signals are more distant and are generally oriented in a easterly direction, do  X!-not.  X#-x 11. Denver stations, since they are more numerous and are widely circulated in the  Xj$-area, receive the preponderance of the audience in the County (cable and noncable), j$s Y&<ԍ #Xw PE37XP# The nonDenver stations licensed to the Denver ADI are not shown as having audience within Garfield County. but KJCTTV has been shown to be accessible to viewers in the area in its significantly viewed"S%b 0*0*0*'$"  X-filing,z s Yy<ԍ #Xw PE37XP# Pikes Peak Broadcasting Co., supra.z and, based on the audience survey data, does receive some cable carriage in the area. For a network station to be deemed to be significantly viewed in a community or a county, it must achieve in noncable homes a share of viewing hours of at lease 3 percent (total week  X-hours) and a net weekly circulation of at least 25 percent.h ys c<ԍ #XR PjQ6MXP#47 U.S.C. 76.5(i).h KJCTTV's share in Garfield County was found to be 22%, and its net weekly circulation was 26%, based on countywide data from 19811982. Although the growth of competition in the intervening period has reduced its share, KJCTTV more recently has achieved a share of 3% and a net weekly  X_-circulation of 24% in Garfield County.  _-s Y= <ԍ #Xw PE37XP#Viewership data cited herein is from Arbitron, Television  Y& -County Coverage: Colorado, 19931994. This data is county data, rather than communityspecific data. However, absent evidence that such data is not fairly reflective of viewing in the actual communities in question, we accept such data as probative, although not conclusive, in cases of this type. Early (1991) data showed KJCTTV with a share of 4% and a net weekly circulation of 11% in noncable homes in Garfield County. In cable households, KJCTTV's share was 1%  Y-and its net weekly circulation 23%. Arbitron, Television County  Yn-Coverage: Colorado (Cable Controlled Counties), 1991.  Although these data do not reflect high levels of viewing, they do, when the difficult terrain in the area is taken into account, reflect KJCTTV's association with this portion of the market and the difficult competitive situation it faces. x 12. KJCTTV's submissions show that, on average, it covers a Garfield County news story every three days, in addition to local sports and weather information. KJCTTV has submitted testimonials from civic, community, and government groups from throughout its service area attesting to the value of its service in general and to the existence of some programming specifically directed to Garfield County. This evidence demonstrates that KJCTTV has a local presence in the communities at issue and provides service to them. x 13. The portion of the Cable Act allowing for modification of ADIs "is intended to  XK-permit the modification of a station's market to reflect its individual situation."{Ks Y !<ԍ #Xw PE37XP#MM Docket 92259, 8 FCC Rcd at 2977.{ In this case, taking into account the totality of the circumstances involved, including in particular the market and viewing patterns associated with the rugged terrain in this area, we conclude that given KJCTTV's "individual situation," inclusion of the communities in question is consistent with "value of localism" and will better effectuate the purposes of the carriage rules.  X-; ORDER  X- x 14. Accordingly, IT IS ORDERED, pursuant to 614 of the Communications Act of"|0*0*0*" 1934, as amended (47 U.S.C. 534), and 76.59 of the Commission's Rules (47 C.F.R. 76.59), that the petition for special relief (CSR3819A) filed April 22, 1993, by Pikes Peak Broadcasting Company IS GRANTED. This change shall be effective in accordance with the following schedule: Pikes Peak Broadcasting Company shall notify the cable systems in question in writing of its carriage and channel position election (76.56, 76.57, and 76.64(f)  X-of the Commission's Rules) within 30 days of the release date of this Memorandum Opinion  Xx-and Order. The affected cable systems shall come into compliance with the applicable rules within 60 days of the above notice. x15. This action is taken pursuant to authority delegated by 0.321 of the Commission's rules. x` `  hh FEDERAL COMMUNICATIONS COMMISSION  x` `  hh William H. Johnson x` `  hh Deputy Chief, Cable Services Bureau