WPC$ 2B.J  CourierCG TimesTimes New RomanTimes New Roman BoldXPCG Timeset 4_230_1HPLAS4.PRS 4x  @\oeX@2 6@ ZP3|wHP LaserJet 4_230_1HPLAS4.PRS 4Xw PE37\oeXPC8ddddddddddYddddcodYY8!zCRz8ddddddddCCdzCYNYNYooozz8dzL8dNddzzNd8CozozdzzdzYdYdYYYYzz8dRdCNd8z8dd88d8YCzdzN8C8zYYd{dYdYYoLtodnndyy2LN7c88nCzLhcnonvyXzXshn~|yddddddddddddddddddddddddddddddddC2CCdECCCCCCCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2R@xZ@Q"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd  ,= Y-ԍ 47 C.F.R. 76.59.> 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 its 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 an 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 signals 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 a single affiliate of a broadcast network, it is obligated to carry the affiliate from within the ADI whose city of  Y-license is closest to the principal headend of the cable system.^ = Yf-ԍ MM Docket No. 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 simply provide the system  Y-operator with an expanded list of mustcarry signals from which to choose, i.e., when it has used up the channel capacity mandated for broadcast signal carriage, or determined which of duplicating stations are entitled to carriage priority.  Y"-  MARKET FACTS AND ARGUMENTS OF THE PARTIES ă x8. The communities at issue here are all located in Robeson County, North Carolina which is located within the Wilmington, North Carolina ADI. The FlorenceMyrtle Beach" 0*(( !" ADI consists of six counties and the communities here in question are located immediately to the north of the ADI. x9. In support of its petition, WPDETV states that Robeson County cable systems have historically carried its signal. Specifically, WPDETV states that its signal is carried on the two cable systems serving the Robeson County communities of Lumberton and Rowland. WPDETV argues that because the communities at issue here are not in the Florence/Myrtle Beach ADI, it does not enjoy must carry status on the respective cable systems, and is, therefore, subject to having its signal deleted. Apparently, in 1981, WPDETV's signal was dropped from the cable system serving Lumberton and was only reinstated after the City Counsel, citing the quality local service provided by WPDETV to Lumberton and Robeson County, formally requested that WPDE again be carried. WPDETV has been continuously carried by the cable companies serving Lumberton since 1990 and in Rowland since 1985. Furthermore, WPDETV argues that the continuing absence of its signal from cable systems serving Red Springs, Lumber Bridge, St. Pauls, Fairmont and Pembroke only serves to deprive residents of desired local programming. x10. In order to show that it provides coverage and other local service to Robeson County, WPDETV states that its Grade A contour encompasses the vast majority of Robeson County while its Grade B contour engulfs the remaining area of the county. Moreover, WPDETV states that its Grade A contour covers all of the communities that it requests to be included in its television market. WPDETV also states that no commercial station in the Wilmington, North Carolina ADI, in which the communities at issue are located, provides a more encompassing Grade A contour over the county and, therefore, this demonstrates the station's ability to provide superior quality coverage to the communities in question. x11. WPDETV also maintains that it provides extensive news and sports coverage in Robeson County. WPDETV states that it reports virtually every night from Lumberton, the largest community in the county. Moreover, WPDETV notes that it staffs its Lumberton News Center with a full time reporter who reports only on Robeson County news, sports and other events. According to WPDETV, the CBS affiliate in Florence, WBTWTV, also has a news bureau in Lumberton while only one station in the Wilmington ADI has a news bureau in the community. WPDETV contends that this further demonstrates that television stations in Florence consider Robeson County as part of their television market.  Y -x12. With regard to evidence of viewing patterns in cable and noncable households, WPDETV argues that Robeson County viewers clearly prefer watching television stations broadcasting from nearby Florence over stations broadcasting from the more distant  Y#-Wilmington area. #= Y%-ԍ The distance between Florence and Lumberton is 52 miles, while the distance between Wilmington and Lumberton is 67 miles. In support, WPDETV submits a "Robeson County share of viewing""#b 0*(($" exhibit which it says demonstrates that the most recently available Arbitron research shows that Florence stations won a 31 share versus Wilmington's 28.2 share for the month of February 1993. Moreover, WPDETV states that these ratings show that twice as many Robeson County viewers prefer watching the Florence ABC affiliate WPDETV (6.2 share) over the Wilmington ABC affiliate WWAYTV(2.8 share). In another exhibit, WPDETV tries to show in a survey limited to cable households that when residents have a choice, they prefer watching Florence television stations. WPDETV states that Arbitron research reveals that the two affiliates in Florence (WPDETV, an ABC affiliate and WBTWTV, a CBS affiliate) have a nine share total. WPDETV submits that while the total share for Wilmington's three network affiliates is higher, the number drops to six if the NBC affiliate is not counted. According to WPDETV, while the viewership for WECTTV, the NBC affiliate in Wilmington, is high, this number is not significant because Florence does not have an NBC affiliate, and is therefore unable to compete with WECTTV for Robeson County viewers who may prefer NBC programming. With regard to noncable households, WPDETV advances the same argument. It states that the two network affiliates in Florence reap an overall share of 39 among noncable households in Robeson County. While the three Wilmington affiliates garner a 41 share, WPDETV argues that without the NBC affiliate the overall share would drop to five.  X4-  ANALYSIS AND DECISION ă x13. WPDETV's unopposed petition is consistent with the applicable standards and will be granted. We note at the outset that each of the applicable standards do not apply to each of the communities equally. However, considering the totality of the circumstances in this case, we believe that the aforementioned North Carolina communities should be considered as part of the Florence/Myrtle Beach ADI. WPDETV has shown Grade A coverage to the vast majority of Robeson County, while its Grade B covers the remaining communities. We have previously stated that this is sufficient to demonstrate coverage or  Ye-other local service. e= Y-ԍ MM Docket 92259, 8 FCC Rcd at 2977. See also paragraph 5, supra.ĉ WPDETV has also demonstrated a long history of carriage on the cable systems serving the communities of Lumberton and Rowland. While this carriage has not been demonstrated for the remaining communities, we believe that WPDETV's signal strength, general commitment to local service in Robeson County, and sizable offair viewership, as noted below, warrant that these communities be included in the Florence/Myrtle Beach ADI. x14. WPDETV has not 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. However, WPDETV does state that it staffs a News Center in Lumberton with a full time reporter who reports on local events, as does another Florence affiliate, while only one station in the Wilmington"h${ 0*((%" ADI has a news bureau in the community. With regard to this criterion, however, we do not believe that Congress intended it to act as a bar to a station's ADI claim if it were to be shown that other stations serve the communities at issue. Rather, we believe that this criterion was intended to enhance a station's claim where it could be shown that other  Y-stations do not serve the communities at issue. And finally, WPDETV has presented evidence of widespread cable and noncable household viewing patterns for Robeson  Yv-County.! v= Y-ԍ This determination is subject to all generally applicable limitations on signal carriage  Y-rights, including copyright liability, channel capacity, and program duplication. See  Y -paragraph 7, supra.! In this regard, we note that WPDETV captures over double the share of the Wilmington ADI ABC network affiliate.  Y -: ORDER ă x15. In view of the foregoing, we find that grant of WPDETV's petition is in the public interest. x16. Accordingly, IT IS ORDERED, pursuant to 614(h)(1)(c) 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 July 30, 1993 by Diversified Communications IS GRANTED. x17. IT IS FURTHER ORDERED, That this change shall be effective in accordance with the following schedule: WPDETV shall notify the cable systems in question in writing of its carriage and channel position elections (76.56, 76.57 and 76.64(f) of the  Y-Commission's Rules) within 30 days of the release date of the Memorandum Opinion and  Y-Order. The affected cable systems shall come into compliance with the applicable rules within 60 days of such notification. x18. 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