WPC' 2MBVRKZ3|j7jC:,9Xj\  P6G;XP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP4Si; PCL; LPT1; Room 201_1HPLA4SA0.PRSXj\  P6G;\QrJXP2  <K3|jTimes New RomanTimes New Roman BoldTimes New Roman Italic"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2Y ZR KX HP4Si; PCL; LPT1; Room 201_1HPLA4SA0.PRSXj\  P6G;\QrJXP"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd X=#-ԍ On August 2, 1995, apparently not having received TeleMedia's July 26 filing, Community filed a "Motion for an Immediate Default Decision." Based on Community's reply, it appears, however, that Petitioner did ultimately receive the opposition. Accordingly, and in light of our decision herein, it is not necessary to further address Community's motion.  X"-x2.` ` In support of its complaint, Community argues that W14AU meets all of the""0*0*0*!" qualifying criteria under 76.55(d) of the Commission's Rules. Community maintains that W14AU: 1) broadcasts more the two hours a day and more than 28 hours a week; 2) is located within 35 miles of TeleMedia's principal headends for both Eden and""0*0*0*!" Madison/Mayodan and "believes" the signal level exceeds the 45 dBm signal quality""0*0*0*!" requirement; 3) is in full compliance with Part 73 of the Commission's rules governing""0*0*0*!" children's programming, political broadcasting and Equal Employment Opportunity; 4) is duly  X-licensed under Part 74 of the Commission's Rules and is thus presumed not to cause interference to any other station; 5) Reidsville, its communityoflicense, is not located within the 160 largest metropolitan statistical areas; 6) provides locallyoriginated programming; and 7) there are no full power television stations licensed to serve any community in Rockingham County, the location of Reidsville, Eden, Madison and Mayodan. Community states that on April 26, 1995, TeleMedia notified Community by letter that the signal of W14AU would be  X_-deleted due to signal problems, poor picture quality, and violation of copyrights._ X-ԍ Additionally, in the April 26th letter TeleMedia complains that Community uses two different call letters. Community responds that in addition to using a fourletter call sign for promotional purposes, it is complying with the requirement to broadcast its official call sign,  X -W14AU, once every hour. See 47 C.F.R. 73.1201. Community argues that TeleMedia has not documented the alleged problems with picture quality other than in a 1994 conversation, after which Community purchased a higher quality antenna for TeleMedia.  Xy-x3.` ` In its opposition, TeleMedia argues that the station does not provide a signal of adequate quality to qualify as a mustcarry station. TeleMedia contends that on June 30, 1995, following the filing of the Complaint, TeleMedia and Community conducted a joint signal quality test at the two headend sites involved in this dispute. The readings were conducted "for several minutes" using a SAM 1550 Wavetec Field Strength Meter. TeleMedia maintains that the signal at the Madison/Mayodan Headend was 6.6 dBmV [55.4 dBm], and +1.2dBmV [47.6 dBm]at the Eden Headend. TeleMedia contends that because the signal quality test results are below the minimum 45 dBm required by the Commission for mandatory signal carriage of a UHF station, Community's signal is not qualified for carriage on its system. TeleMedia notes that Community is preparing a plan for upgrading the quality of W14AU's signal to the subject headends, and agrees that "at such time as the station's signal quality meets the test set forth in the Commission's rules, TeleMedia will resume carriage as required by the Commission's rules."  X7-x4.` ` In its reply to TeleMedia's opposition, Community asserts that the signal quality tests conducted on June 30, 1995 were not in compliance with the Commission's regulations because the measurements were made over a period of "several minutes" rather than the minimum of four readings over a two hour period. Community concludes that TeleMedia has not met its burden of proving inadequate signal quality, and must, therefore, carry the signal of W14AU. "!60*(( "Ԍ"0*(("  X-x5.` ` Section 614(a) of the Communications Act of 1934, as amended, requires the  X-carriage of "qualified" low power (LPTV) stations in certain limited circumstances. See 47 U.S.C. 534(a). An LPTV station that conforms to the rules established for LPTV stations in Part 74 of the Commission's rules will be considered "qualified" only if: 1) it broadcasts for at least the minimum number of hours of operation required under 47 C.F.R. Part 73; 2) it adheres to Commission requirements regarding nonentertainment programming and employment practices; 3) it complies with interference regulations consistent with its secondary status; 4) it is located no more than 35 miles from the cable system's headend and delivers an overtheair signal of good quality to the system's principal headend; 5) the community of license of the station and the franchise area of the cable system are both located outside the largest 160 Metropolitan Statistical Areas (MSAs) on June 30, 1990, and the population of such community of license on that date did not exceed 35,000; and 6) there is no full power television broadcast station licensed to any community within the county or  X -other political subdivision (of a State) served by the cable system. See 47 U.S.C. 534(h)(2); 47 C.F.R. 76.55(d).  X-x6.` ` We are not persuaded by the arguments raised by TeleMedia regarding the failure of Community to place a good quality signal over the TeleMedia headends at issue in this proceeding. With respect to what constitutes a good quality signal, we note that the 1992 Cable Act did not set a specific standard for either VHF or UHF low power television stations. However, Congress did adopt a standard for determining the availability of VHF and UHF commercial stations at a cable system's headend: for VHF commercial television station signals, the standard is 49 dBm; for UHF commercial television station signals, the standard is 45 dBm. Consistent with Congress' guidance with respect to VHF and UHF commercial station availability, we believe it is reasonable to utilize the same standards as prima facie tests to initially determine, absent other evidence, whether VHF or UHF lowpower television stations place adequate signal levels over a cable system's principal headend.  X-x7.` ` The initial burden of demonstrating the lack of a good quality signal falls on the cable operator. In meeting this burden, the cable operator must show that it used good engineering practices to measure the signal delivered to the headend. To measure a station's signal to see if it meets the Commission's requirements, a cable operator's signal strength surveys should, at a minimum, include the following: 1) specific make and model numbers of the equipment used, as well as its age and most recent date(s) of calibration; 2) description(s) of the characteristics of the equipment used, such as antenna ranges and radiation patterns; 3) height of the antenna above ground level and whether the antenna was properly oriented; and 4) weather conditions and time of day when tests were done.  X"-x8.` ` In addition, good engineering practice require that a cable operator must conduct multiple signal quality tests to ensure accurate results and, in turn, provide that testing information to the affected station when there is a dispute over signal level measurements. Generally, if the test results are less than 51 dBm for a UHF station, we have said that at least four readings must be taken over a twohour period. Where the initial readings are between 51 dBm and 45 dBm, inclusive, we believe that the readings should be taken over a"''0*((%" 24hour period with measurements not more than four hours apart to establish reliable test  X-results. Xb-ԍ Memorandum Opinion and Order in Docket 92259, 9 FCC Rcd 6723, paras. 5961 (1994).  X-x9.` ` We conclude that the technical determination reached by TeleMedia is insufficient to demonstrate that W14AU's signal is not of "good quality" based on established criteria. Specifically, TeleMedia did not test the station's signal quality in a consistent manner over a two hour period at its Madison/Mayodan headend or over a 24hour period at its Eden headend Rather tests at each of these headends were conducted over a time period  XH-less than two hours. These testing criteria were specifically enunciated to limit disputes of the type here involved. Consequently, based upon the record before us, we cannot find that W14AU's signal is deficient.  X -x 10. ` ` Although the tests involved were not completed in accordance with established standards, there are indications in the file that there may be some signal quality problems involved. Tests undertaken with both parties present as reported by an apparently uninterested observer the Regional Cable TV Administrator or the Piedmont Triad Council of Governments. Under the statutory provisions involved, the broadcaster as well as the cable operators have responsibilities and carriage need not be continued in the future if it is demonstrated that "good quality" signals are not present at the headends involved. In this  XM-regard it is the responsibility of LPTV stations to deliver a good quality signal overtheair." Md Xb-ԍ While the Regional Cable TV Administrator's report indicates that Community appears willing to provide the necessary equipment to boost its signal to acceptable levels for carriage, remedial actions in this regard would not entitle the station to demand carriage were its signal  X-not of good quality overtheair. In the Must Carry Report and Order, we specifically rejected a commenter's suggestion "to extend the provisions of Section 614(h)(B)(iii), which  X-apply on their face to full power television stations, to LPTV stations." See Report and Order  X-in MM Docket 92259, 8 FCC Rcd 2965, 2991 (1993). We noted that "such an interpretation  X-is clearly not intended by Congress in the 1992 Cable Act." See id. Thus, only full power television stations, not low power television stations, are allowed to provide additional equipment to remedy an existing signal quality deficiency. x "N 0*(("  X-x 11.` ` In view of the above, the complaint filed on June 23, 1995 by Community Broadcasting System, Inc., licensee of low power television station W14AU, Reidsville, North Carolina IS GRANTED, in accordance with 614(h)(2) of the Communications Act of 1934,  X-as amended. See 47 U.S.C. 534(h)(2). TeleMedia Company IS ORDERED to commence carriage of W14AU sixty (60) days from the release date of this Order.  Xx-x 12. ` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules, 47 C.F.R. 0.321. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@William H. Johnson x` `  hh@Deputy Chief, Cable Service Bureau