WPCB 2B.J CourierCG TimesTimes New RomanTimes New Roman BoldXPCG Timeset 4_230_1HPLAS4.PRS 4x  @\oeX@2%6 ZFE3|wHP LaserJet 4_230_1HPLAS4.PRS 4Xw PE37\oeXPC8ddddddddddYddddcodYY8!zCRz8ddddddddCCdzCYNYNYooozz8dzL8dNddzzNd8CozozdzzdzYdYdYYYYzz8dRdCNd8z8dd88d8YCzdzN8C8zYYd{dYdYYoLtodnndyy2LN7c88nCzLhcnonvyXzXshn~|yddddddddddddddddddddddddddddddddC2CCdECCCCCCCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddWP MultinationalA Roman (TT)Clarendon Cd (W1) (Bold)Times New Roman (TT)Times New Roman (Bold) (TT)"i~'^#)0<><q*"xxxxWWxxxWWkkxxxFX@#ђ Because WBSVTV is a new station, it is appropriate to rely on other evidence of the station's local market to determine whether a particular community should be added to its market.  Y-x 14.` ` We find that WBSVTV has demonstrated that the Communities are part of its local market. The fact that WBSVTV places at minimum a Grade B service contour, and in many cases a Grade A or City Grade service contour, over the Communities is compelling evidence that WBSVTV provides service to these communities. As we noted in paragraph  Y-5, supra, the presence of a Grade B contour over a community is generally sufficient to satisfy this factor. Moreover, the Commission has noted the importance of a City Grade  Y~-signal in determining local coverage.~n = Y%-ԍ #Xw PE37=9XP#See In Re Applications of PZ Entertainment Partnership, L.P., 6 FCC Rcd 1240, 1243  Y&-(1991). See also 47 C.F.R. 73.685. We also note that the furthest community at issue is only 37 miles from WBSVTV's city of license. We believe that less weight should be"g 0*((l" placed on the fourth statutory factor in this case because WBSVTV has been onair only since May of 1991. We believe that there has been insufficient time for WBSVTV to garner substantial levels of viewership in all of these counties, although it clearly has begun to do so in Charlotte County. With respect to historic carriage, WBSVTV has shown that it is historically carried on one major cable system in Charlotte County and one major cable system in Manatee County. However, WBSVTV has also demonstrated that WWSB, the other Sarasota ADI licensee, has historically been carried by all the cable systems in  Y_-question. This is precisely the situation the 1992 Cable Act was designed to remedy._= Y-#Xw PE37=9XP#э See Act III Broadcasting of Nashville, Inc., 8 FCC Rcd 8544, 8546 (1993). This is even a more compelling consideration in cases such as the one before us in which the two stations' Grade B contours overlap significantly. While WBSVTV and WWSB are licensed to different cities in the Sarasota ADI, we do not feel that this is a serious distinction in a singlecounty ADI. With respect to the third factor, we believe that Congress did not intend this to be a bar to a station's ADI claim whenever other stations could also be shown to 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 stations do not serve the communities at issue. Under such circumstances, a denial of carriage rights to the claiming station could deprive cable viewers of any broadcast signals that might provide programming geared to their communities. Because other stations do appear to serve the cable communities at issue, this enhancement factor would not appear applicable.  Y4-x15.` ` As additional support for its request WBSVTV notes that Bradenton in Manatee County and Sarasota are in a shared metropolitan statistical area (MSA). Since a shared MSA requires evidence of economic and social links between the two areas, we believe that, in this instance, it provides further evidence of the close economic connection between Manatee County and Sarasota County and combined with the signal coverage to these communities indicates that the natural market for WBSVTV extends into Manatee County. We find that the close proximity and the Grade B to City Grade coverage of the communities in Charlotte and Lee County weigh heavily in favor of including these communities into the WBSVTV's market. Moreover, the fact that cable systems in Manatee and Charlotte Counties extend into Sarasota County demonstrate that these communities are local to Sarasota. While the record to demonstrate viewing patterns or historic carriage is insufficient due to WBSVTV's relative youth, we believe that WBSVTV has demonstrated that WBSVTV is local to the cable communities at issue. Therefore, we find that inclusion of the Charlotte, Lee, and Manatee County cable communities listed in notes one, two, and  Y-four, supra, is justified.!{= 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.! " 0*((!"Ԍ Y-x16.` ` With respect to DeSoto County, we find that WBSVTV has also demonstrated that the communities therein should be included in its market. We note that the communities in question in DeSoto County are within WBSVTV's Grade B contour, and are in close proximity to the station's homecounty ADI. Moreover, just as in the other counties, WBSVTV has presented evidence of its discriminatory carriage treatment. Though  Y-viewership evidence is lacking, as we said in paragraph 14, supra, we find that this is of lesser importance in the case of a new station such as WBSVTV. Therefore, we find that grant of WBSVTV's request to modify its market to include the DeSoto County cable  YJ-communities listed in note three, supra, in the station's ADI is justified.  Y -x17.` ` We note, finally, that the system carrying WBSVTV in Charlotte, Storer Cable TV of Florida in Charlotte and Lee Counties, also serves Sarasota County. Likewise, the Storer's Longboat Key cable system, although not carrying WBSVTV, serves communities in both Manatee and Sarasota Counties. The Commission has determined that a cable system whose communities straddle more than one ADI must carry the local television stations from both markets, unless the operator can technically segregate the channels on a communitybycommunity basis to reflect location of the community within a particular  Y}-ADI.\}= Y-ԍ  MM Docket No. 92259, 8 FCC Rcd at 297576.\ Therefore, even in the absence of a market modification request, Storer's Englewood and Longboat Key systems are required to carry WBSVTV, unless Storer can technically deliver a different channel lineup that includes WBSVTV to those portions of Englewood and to those portions of Longboat Key in Sarasota County.  X -  X-:ORDER ă  Y-x18.` ` In view of the foregoing, we find that grant of DeSoto Broadcasting's petition is in the public interest.  Y-x19.` ` Accordingly, IT IS ORDERED, pursuant to 614 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 petition for special relief filed June 2, 1993 by DeSoto Broadcasting, Inc.  Y;-IS GRANTED. This change shall be effective in accordance with the following schedule: DeSoto Broadcasting shall notify the cable systems in question in writing of its carriage and  Y -channel position elections, (76.56, 76.57, 76.64(f) of the Commission's Rules), within  Y-thirty (30) days of the release date of this Memorandum Opinion and Order. The affectedcable systems shall come into compliance with the applicable rules within 60 days of such notification. "! {0*(("" x 20. This action is taken by the Cable Services Bureau pursuant to authority delegated by 0.321 of the Commission's rules. x` `  hh FEDERAL COMMUNICATIONS COMMISSION   Y - hhWilliam H. Johnson  Y - hhDeputy Chief, Cable Services Bureau