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. ***************************************************************** ******** $//MO&O Granting KDOC-TV carriage on Chronicle, DA 95-2026//$ $/300.534 Carriage of local commercial television signals/$ $/76.61 Disputes concerning carriage/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re ) DA 95-2026 ) Complaint of Golden Orange Broad- ) CSR-4526-M casting Co., Inc. against The Chronicle ) Publishing Company d/b/a Ventura ) County Cablevision ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: September 21, 1995 Released: September 29, 1995 By the Cable Services Bureau: 1. On May 12, 1995, Golden Orange Broadcasting Company, Inc., licensee of Station KDOC-TV (Ind., Ch. 56), Westminster, California, filed a complaint against The Chronicle Publishing Company d/b/a Ventura County Cablevision ("Chronicle"), operator of cable systems serving various communities in Ventura and Los Angeles Counties, California. KDOC-TV states that it is entitled to mandatory carriage on Chronicle's systems as it is located within the Los Angeles-San Bernardino-Corona-Fontana-Riverside, California ADI market, which is also where the communities at issue are located and it requests that the Commission require Chronicle to commence carriage of its signal. An opposition to this complaint was filed June 15, 1995, on behalf of Chronicle. No response from KDOC-TV has been received. 2. In support of its complaint, KDOC-TV states that it first requested carriage on Chronicle's systems by letter dated February 23, 1995. Chronicle did not respond directly to the complaint, continues KDOC-TV, but instead filed a petition for special relief (CSR-4490- A) on March 13, 1995, requesting that its ADI market be modified to exclude stations KDOC-TV, KRCA (Ind., Ch. 62), Riverside, California, and KZKI (Ind., Ch. 30), San Bernardino, California, from must carry status in the Los Angeles ADI insofar as it related to carriage on Chronicle's systems. KDOC-TV argues that it deemed this filing to be Chronicle's refusal of carriage and filed the instant complaint sixty days from the date of its filing. KDOC-TV points out that, at footnote 2 of its special relief pleading, Chronicle admits that KDOC-TV places an acceptable signal over Chronicle's cable systems' headends serving the referenced communities. In any event, KDOC-TV avers that it will deliver a signal in compliance with Commission requirements and at no cost to Chronicle. 3. Chronicle's opposition to this complaint incorporates by reference the arguments raised in its ADI waiver request. DISCUSSION 4. On August 15, 1995, the Commission granted in part Chronicle's modification request to exclude KDOC-TV, KRCA and KZKI from must carry status on its systems serving certain communities in Ventura and Los Angeles Counties. Specifically, it excluded these three stations' must carry rights in the communities of Ojai, Camarillo, Santa Paula and Somis, but retained those rights in the communities of Thousand Oaks, Fillmore, Newbury Park, Moorpark, Agoura Hills, Calabasas, Westlake and Oak Park. At the same time, KDOC- TV, KRCA and KZKI were authorized to notify Chronicle of their carriage and channel positions elections for those communities in which they retained carriage rights and Chronicle was ordered to commence their carriage within sixty days of this notification. 5. Accordingly, IT IS ORDERED, that the complaint filed May 12, 1995, by Golden Orange Broadcasting Company, Inc., IS GRANTED to the extent consistent with our action in CSR-4490-A. 6. 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