NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $// MO&O granting WWMB, Florence, SC carriage in Lamar, SC, DA 95- 2025//$ $/76.55 Definitions applicable to the must-carry rules./$ $/76.56 Signal carriage obligations./$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In re: ) ) Complaint of Atlantic Media Group) CSR-4551-M against Mid-Carolina Cable ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: September 21, 1995 Released: September 29, 1995 By the Deputy Chief, Cable Services Bureau: INTRODUCTION 1. On July 5, 1995, Atlantic Media Group, licensee of Television Broadcast Station WWMB (Ind., Channel 21) , Florence, South Carolina, filed a "Must Carry Complaint" pursuant to 47 U.S.C. 534 and 47 C.F.R. 76.56(b) seeking carriage of its signal by Mid- Carolina Cable ("Mid-Carolina") in the South Carolina communities of Lamar and Jefferson. This request is unopposed. SUMMARY OF PLEADING 2. WWMB states that it serves the South Carolina communities of Florence and Myrtle Beach, and that both Lamar and Jefferson are located in the Florence/Myrtle Beach area, so it contends that it is entitled to carriage by Mid-Carolina both in Lamar and in Jefferson. WWMB adds that it sent a written notice dated April 6, 1995 to Mid-Carolina requesting carriage both in Lamar and in Jefferson; this notice also referenced an earlier request to Mid-Carolina for such carriage dated September 15, 1994; and that a third notice was sent to the President of ACI Management, Mr. Vince King on May 25, 1995, when WWMB learned that he would be handling the matter, in which WWMB noted that its deadline for filing a complaint with the Commission was July 5, 1995, and that it would be drafted unless a satisfactory response was received from Mr. King before June 12, 1995. According to WWMB, however, Mid-Carolina has not yet responded to its requests for carriage. DISCUSSION 3. According to 76.55(e) of the Commission's Rules, the market of a commercial television broadcast station, such as WWMB, is defined as its Area of Dominant Influence (or "ADI"). A commercial station is entitled to request carriage on any cable system operating in that ADI. 47 C.F.R. 76.56(b). At present, WWMB is in the Florence-Myrtle Beach, South Carolina ADI, which is also where Darlington County is located, so WWMB is entitled to request mandatory carriage on the cable system serving Lamar, since it is located in Darlington County. Jefferson, however, is located in Chesterfield County, which is presently assigned to the Charlotte, North Carolina ADI, and since WWMB is in a different ADI, WWMB is not entitled to request mandatory carriage on the cable system serving Jefferson. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED, That the "Must Carry Complaint" (CSR-4551-M), filed July 5, 1995, by Atlantic Media Group, licensee of Television Broadcast Station WWMB (Ind., Channel 21), Florence, South Carolina, IS GRANTED with respect to carriage of WWMB by the cable system serving Lamar, but IT IS DENIED with respect to carriage of WWMB in Jefferson in accordance with 614 (d)(3) of the Communications Act of 1934, as amended (47 U.S.C. 534) and 47 C.F.R 76.56(b). 5, IT IS FURTHER ORDERED, That WWMB shall notify the relevant cable system in writing of its carriage and channel position elections (76.56, 76.57, and 76.64(f) of the Commission's Rules), within thirty (30) days of the release date of this Memorandum Opinion and Order. 6. IT IS FURTHER ORDERED, That the affected cable system shall come into compliance with the applicable rules within sixty (60) days of such notification. 7. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau