WPCb 2MBVRKZ#|x7jC:,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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP4Si; PCL; LPT1; Room 201_1HPLA4SA0.PRSXj\  P6G;\QrJXP2  Z#|xHP4Si; PCL; LPT1; Room 201_1HPLA4SA0.PRSx  @8;\QrJ@2v&pk kwa8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# 2=vt/a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# 2 o   e a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# 2| L    a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p 2~Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . 2{la2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   233a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:)>F)))))))))<)C"VV5VYO5O5O5O5^<^<^<^>^<^C^F.".C.).CaC>>^CO"O6O)O0O"VCVVCVC^<^O=O)OFVCVCVCVCVCVCxVV>O5O5O5VCO)VCC.O)V<X<<( (WTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN+HH+@<)<<<< -petition to which First Century filed a reply.> K X:&-#Xj\  P6G;XP#э First Century also filed a consent motion for extension of time to file its reply to  X#'-Sacramento Cable's opposition and two supplements to its reply.  X"-x2.` ` In a separate but related petition, CSR4106A, First Century has requested the""0*0*0*u!" Commission to include the San Joaquin County, California communities of Stockton, Manteca, Lathrop, French Camp, Brookshire, Lincoln, Quail Lakes Garden, and Venetian Garden ("Stockton Communities") within KFCB's ADI for purposes of the cable television broadcast mandatory signal carriage rules. Continental Cablevision of California, Inc.""0*0*0*u!" ("Continental"), owner and operator of the Stockton and Manteca/Lathrop cable television"!0*0*0*9!" systems filed an opposition to the petition. In addition, Pegasus Broadcasting of"!0*0*0* " Stockton/Sacramento, Inc., licensee of Station KSCHTV (Ind., Channel 58), Stockton, California and KOVR TV, Inc., licensee of Station KOVRTV (ABC, Channel 13), Stockton California filed a joint opposition to the petition. First Century filed replies to each of the oppositions to which Continental filed a supplemental opposition.  X -x3.` ` Both the Sacramento Communities and the Stockton Communities are located in the SacramentoStocktonModesto ADI. We address both petitions simultaneously due to the close proximity of the communities at issue, and the underlying relationship between the markets at issue. x  X-"#Xj\  P6G;XP# BACKGROUND ĐTP  Xb-x4.` ` Pursuant to 4 of the Cable Television Consumer Protection and Competition  XK-Act of 1992 ("1992 Cable Act")Kx# X-#Xj\  P6G;XP#э Pub. L. No. 102385, 106 Stat. 1460 (1992). Â and implementing rules adopted by the Commission in its  X4-Report and Order in MM Docket 92259,x4yx# X^-#Xj\  P6G;XP#э 8 FCC Rcd 2965, 29762977 (1993). x commercial television broadcast stations are entitled to assert mandatory carriage rights on cable systems located within the station's market. A station's market for this purpose is its "area of dominant influence" or ADI as  X-defined by the Arbitron audience research organization.`*x# X-#Xj\  P6G;XP#э Section 614(h)(1)(C) of the 1992 Cable Act specifies that a broadcasting station's market shall be determined in the manner provided in 73.3555(d)(3)(i) of the Commission's Rules, as in effect on May 1, 1991. This section of the rules, now redesignated 73.3555(e)(3)(i), refers to Arbitron's ADI for purposes of the broadcast multiple ownership rules. Section 76.55(e) of the Commission's Rules provides that the ADIs to be used for purposes of the initial implementation of the mandatory carriage  XB <rules are those published in Arbitron's 19911992 Television Market Gui de. An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. Essentially, each county in the United States is allocated to a market based on which homemarket stations receive a preponderance of total viewing hours in the county.  X-For purposes of this calculation, both overtheair and cable television viewing are included. R x# X%-#Xj\  P6G;XP#э Because of the topography involved, certain counties are divided into more than one sampling unit. Also, in certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a preponderance of the audience in"j'0*(('" that county. For a more complete description of how counties are allocated, see Arbitron's  Xy-Description of Methodology. "b0*(("Ԍ X-ԙx5.` ` Under the Act, however, the Commission is also directed to consider changes in ADI areas. Section 4 provides that the Commission may: Xxwith respect to a particular television broadcast station, include additional communities within its television market or exclude communities from such station's television market to better effectuate the purposes of this section.  In considering such requests, the Act provides that: Xxthe Commission shall afford particular attention to the value of localism by taking into account such factors as  XxX` ` (I) whether the station, or other stations located in the same area, have been historically carried on the cable system or systems within such community;x` XxX` ` (II) whether the television station provides coverage or other local service to such community; ` XxX` ` (III) whether any other television station that is eligible to be carried by a cable system in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and ` XxX` ` (IV) evidence of viewing patterns in cable and noncable households within the areas served by the cable system or  X-systems in such community.bx# X-#Xj\  P6G;XP#э Communications Act of 1934, as amended, 614(h)(1)(C)(ii), 47 U.S.C.  X-534(h)(l)(C)(ii). x`  Xe-x6.` ` The legislative history of this provision indicates that: Xxwhere the presumption in favor of ADI carriage would result in cable subscribers losing access to local stations because they are outside the ADI in which a local cable system operates, the FCC may make an adjustment to include or exclude particular communities from a television station's market consistent with Congress' objective to ensure that television stations be carried in the areas which they serve and which form their economic market. " 0*(("Ԍ ԙ * * * * *TP Xx` ` [This subsection] establishes certain criteria which the Commission shall consider in acting on requests to modify the geographic area in which stations have signal carriage rights. These factors are not intended to be exclusive, but may be used to demonstrate that a community is part of a particular station's  Xv-market.vx# X-#Xj\  P6G;XP#э H.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992). É   XH-x7.` ` The Commission provided guidance in its Report and Order in MM Docket 92 X3-259, supra, to aid decision making in these matters, as follows: XxFor example, the historical carriage of the station could be illustrated by the  X -submission of documents listing the cable system's channel lineup (e.g., rate cards) for a period of years. To show that the station provides coverage or other local service to the cable community (factor 2), parties may demonstrate that the station places at least a Grade B coverage contour over the cable community or is located close to the community in terms of mileage. Coverage of news or other programming of interest to the community could be demonstrated by program logs or other descriptions of local program offerings.  XQ-The final factor concerns viewing patterns in the cable community in cable and noncable homes. Audience data clearly provide appropriate evidence about this factor. In this regard, we note that surveys such as those used to demonstrate significantly viewed status could be useful. However, since this factor requires us to evaluate viewing on a community basis for cable and noncable homes, and significantly viewed surveys typically measure viewing only in noncable households, such surveys may need to be supplemented with additional data  X-concerning viewing in cable homes. yx# X-#Xj\  P6G;XP#э 8 FCC Rcd at 2977 (emphasis in original). À   X-x8.` ` In adopting rules to implement this provision, the Commission indicated that changes requested should be considered on a communitybycommunity basis rather than on a countybycounty basis and that they should be treated as specific to particular stations rather  X?-than applicable in common to all stations in the market.p ?*x# X"-#Xj\  P6G;XP#э 8 FCC Rcd at 2977 n.139. p The rules further provide, in accordance with the requirements of the Act, that a station not be deleted from carriage during  X-the pendency of an ADI change request.k x# X%-#Xj\  P6G;XP#э 47 C.F.R. 76.59. k x  X-x9.` ` Adding communities to a station's ADI generally entitles that station to insist" 0*((;" 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 any 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 obliged to carry the affiliate from within the ADI whose city of  X -license is closest to the principal headend of the cable system.i  x# X -#Xj\  P6G;XP#э 8 FCC Rcd at 2981. i 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; simply provide the system operator with  X -an expanded list of mustcarry signals from which to choose, i.e., when it has used up its channel capacity mandated for broadcast signals carriage, or determined which of duplicating network affiliated stations are entitled to carriage priority.  X{-  MARKET FACTS AND ARGUMENTS OF THE PARTIES ĐTP  XM-x 10.` ` KFCB is an independent television station licensed to Concord, California, which is part of the San FranciscoOaklandSan Jose ADI. Each of the communities that KFCB seeks to include is in the SacramentoStocktonModesto ADI. According to First Century, both Sacramento Cable and Continental have advised it that they intend to discontinue carriage of KFCB.  X- Sacramento Communities ă  X-x 11.` ` In its petition, First Century claims that KFCB has been carried without interruption by Sacramento Cable, the cable operator serving the Sacramento communities, since December of 1986. In addition, First Century alleges that Sacramento Cable is a 64channel system which currently carries only 10 mustcarry stations (nine commercial and one  X9-public station). 9yx# Xc -#Xj\  P6G;XP#э These allegations are disputed by Sacramento Cable in its opposition to the  XL!-petition. See footnote 14, infra. First Century also claims that KFCB provides Grade B coverage to Sacramento, that it produces and airs programming directly serving Sacramento, and that Concord is only 50 miles from Sacramento. In support of its claim of local service, First Century provides a list of station sponsored rallies, descriptions of various programs including topics and speakers, and a description of a station sponsored prayer and supportline based in Sacramento. Furthermore, First Century claims that although other stations provide news and programming of local interest, KFCB offers "programming that uniquely addresses the"! 0*(( " spiritual needs of the Sacramento area." Finally, First Century argues that the fact that approximately 29 percent of the calls it receives from viewers originate from the Sacramento area shows that KFCB has a significant viewership within the Sacramento area.  X-x 12.` ` In opposition to the addition of the Sacramento Communities, Sacramento Cable argues that First Century's petition should fail for two primary reasons. First, it contends that First Century has not complied with the procedural rules governing the submission of a petition for special relief. Second, Sacramento Cable argues that First  XH-Century has not made the requisite showing on each of the four statutory factors.UvHx# X -#Xj\  P6G;XP#э Sacramento Cable also notes that petitioner made a number of inaccurate statements in its petition. However, Sacramento Cable does not argue that these inaccuracies are fatal to the petition. Specifically, Sacramento Cable notes that it is a sixtytwo channel system rather than a sixtyfour channel system, and that in September 1993, it carried eight mustcarry stations, rather than 10 as stated in the complaint,  XN-including six commercial stations and two public broadcasting stations. U With respect to procedural deficiencies, Sacramento Cable argues that petitioner's failure to reveal several key facts is in contravention of 76.7(c)(1) of the Commission's Rules, which requires a mustcarry complaint to "state fully and precisely all pertinent facts and considerations...." Sacramento Cable asserts that these pertinent facts include KFCB's mustcarry status in the San Francisco area, that it is one of the lowest rated stations in the Sacramento area, and that there is alternative religious and community programming in Sacramento. Furthermore, Sacramento Cable argues that by failing to disclose in its petition that Sacramento Cable devoted considerable resources in an effort to amicably resolve this dispute, First Century failed to comply with 76.7(c)(2) of the Commission's Rules, which provides in part that a mustcarry complaint "shall set forth all steps taken by the parties to resolve the problem ..."  X4-x 13.` ` With respect to the four statutory factors, Sacramento Cable argues that although it has historically carried KFCB in all of the subject communities except Isleton and  X-Ryde,x# X-#Xj\  P6G;XP#э Sacramento Cable contends that it does not serve the communities of Isleton and Ryde and that its operation in Isleton is not a system subject to FCC jurisdiction. These facts are not disputed and, accordingly, for purposes of this decision, we exclude them  Xx-from futher consideration herein. Ô which are outside Sacramento Cable's service area, it is not presently carrying any other San Francisco stations, therefore, KFCB cannot claim disparate treatment. In addition, Sacramento Cable contends that although KFCB provides grade B serve to Sacramento, it is "not physically present in the community in the same manner as the local stations." Furthermore, it maintains that First Century has failed to demonstrate a substantial connection to the communities through its evidence of local programming. For instance, Sacramento Cable argues that many of the local events and programming listed by First Century are really state or San Francisco Bay area events; that the religious rallies listed by First Century were really just fund raising events; that many of the guests and topics listed by First Century as"Nr 0*((" appearing on the programs are not of special interest to Sacramento viewers; that First Century does not provide enough information regarding its Careline Center in Sacramento to evaluate the importance of the center; and that the number of calls from the 916 area code cited as evidence by First Century is misleading because the calls are not necessarily from the Sacramento Communities at issue. Sacramento Cable also argues that First Century fails to satisfy the third factor because, as it admits, there is other religious programming provided to the Sacramento area. Finally, Sacramento Cable disputes First Century's claims regarding viewership of KFCB. It notes that KFCB has failed to produce any objective evidence of viewer support for its programming and that there are no current Nielsen ratings for KFCB in the Sacramento market. Sacramento Cable also hired a company to conduct an independent telephone survey which showed that for the months of June and August, 1993, 80.7 and 86 percent of viewers, respectively, said they never watched KFCB.  X -x 14.` ` First Century replies that it has met the four statutory requirements for ADI modification. It also maintains that Sacramento Cable misrepresents the efforts KFCB took to resolve the carriage issue. Furthermore, First Century disputes Sacramento Cable's representation of the nature of KFCB's service to the community, rebutting each of the operator's assertions regarding KFCB's programming and community activities. First Century reasserts its contention that it receives significant viewership, referring to the number of calls received from the Sacramento area and the fact that Sacramento Cable's own research shows that 3.3 percent of the viewers surveyed say they watch the station often and 15.5 percent watch the station sometimes. Finally, First Century contends that a petition signed by approximately 5,000 cable households requesting Sacramento Cable to continue carriage of KFCB on its system further demonstrates the demand for the station in Sacramento.  X-  Stockton Communities ă  X-x15.` ` With regard to the Stockton Communities, First Century claims that Continental, the cable operator serving the communities, has carried KFCB since August of 1985. First Century alleges that Continental's system is a 60plus channel system that is currently carrying only eight mustcarry stations, and that there are also two mustcarry stations which are currently not being carried. In addition, First Century asserts that the station provides Grade A or Grade B coverage to the Stockton Communities, that it produces and airs programming directly serving Stockton, and that Concord is only 42 miles from Stockton. In support of its claim of local service to the Stockton area, First Century provides a description of various programs aired by KFCB "on a regular basis." These programs  X -include "Didache," "Coast to Coast," "Challenge America," and "Informed Viewer." x# X=#-#Xj\  P6G;XP#э These programs include many of the same programs listed by First Century in support of its request to add the Sacramento stations. First Century distinguishes the programming provided to the Sacramento Communities and the Stockton Communities by listing the  X%-location of the hosts of these programs. Ö First Century also argues that with the exception of Television Broadcast Station KFTL (Ind.,"!40*(( " Channel 64), Stockton, California, which airs some local religious programming but includes relatively few guests from the Stockton area, the stations licensed to Stockton do not provide programming or services comparable to that provided by KFCB. Finally, First Century contends that KFCB has a "very significant" viewership within the Stockton area, as evidenced by the over 50,000 calls received between August 10, 1991 and August 10, 1993 from the 209 area code, which includes the Stockton Communities.  X_-x16.` ` In its opposition, Continental advocates the denial of First Century's petition on the basis that First Century has failed to show that KFCB is considered a local station in the subject communities. Continental states that the Stockton cable system, serving the  X -communities of Stockton, Brookshire, Lincoln, Quail Lakes Garden, and Venetian Garden,& x# X -#Xj\  P6G;XP#э Continental states that in addition to the communities named in the petition, the Stockton system serves two portions of San Joaquin County, including one identified as Linden, California, from its Stockton system. This clarification is consistent with the relief requested and appears to be intended to make sure that all of the Stockton communities at  X7-issue are treated consistently. Thus, we will include them in the relief granted herein. & has 62 activated channels, all of which are currently programmed, and that the Manteca cable system serving the communities of Manteca, Lathrop, and French Camp, has 39 activated channels, all of which are also currently programmed. Continental notes that in addition to the petition to add the Stockton communities, First Century has also filed a petition to add certain Sacramento communities to its ADI (CSR4101A), and a petition for rulemaking to redesignate the Bay area market to include KFCB's city of license, Concord, within the seventh largest major television market which includes San Francisco, Oakland, and San Jose,  Xb-California.bx# X0-#Xj\  P6G;XP#э  See First Century Petition for Section 76.51 Rulemaking in MM Docket 93232. é Continental claims that these other proceedings are relevant in that First Century is claiming that not only is Concord a part of the San Francisco "Bay Area" market, but that the station is also local to both the Sacramento and Stockton markets.  X-x17.` ` Furthermore, Continental maintains that not only has First Century failed to show the local nature of its programming and service, but that the station does not provide sufficient evidence that it meets the four statutory guidelines for ADI modification. With regard to historic carriage, Continental argues that the Commission should not rely solely on this factor to satisfy the requirements because, although it has historically carried KFCB, it did so only because it was required to under the Commission's old mustcarry rules, which it  X|-states, were subsequently found to violate the Constitution.|x# X"-#Xj\  P6G;XP#э Continental Opposition at 15, citing Quincy Cable TV, Inc. v. FCC, 768 F.2d 1434  X#-(D.C. Cir. 1985), cert. denied, 476 U.S. 1169 (1986). Furthermore, Continental asserts that the programming listed by First Century does not promote the interests of localism as called for in the 1992 Cable Act. Continental discounts the local nature of each of the programs listed by First Century as evidence of its connection to the Stockton market by"7h 0*(("  X-listing certain deficiencies, such as the antiquated nature of the programs;Ix# Xy-#Xj\  P6G;XP#э According to Petitioner, one program has not been aired since 1987 and another has not been aired since 1991. In addition, Continental takes issue with the relevance of a prayer  XK-gathering held "within the last 3 years." I the fact that many of the programs listed in the Stockton petition were also listed in the Sacramento petition for the same purpose; that the list of local hosts and guests of the programs does not specify the frequency of appearances, the nature of the appearances, or even the specific communities involved; and that the list of program topics for the Stockton petition, which do not specifically relate to any community, is the exact same list provided as part of the Sacramento petition. Continental also disputes First Century's claims of high viewership arguing that petitioner's claim that it has received a significant number of calls from the 209 area code is not supported by a showing of the communities from which these calls originated, and that petitioner fails to provide any viewer ratings surveys such as those conducted by Nielsen. Finally, Continental maintains that the Stockton Communities receive religious programming from "several major stations" licensed to communities in the SacramentoStockton ADI and from Continental itself.  X -x18.` ` In their joint opposition, Stations KSCHTV and KOVRTV (the "Stockton Stations") argue that First Century has failed to establish the necessary relationship between KFCB and the Stockton Communities. First, the Stockton Stations argue that Petitioner provides no evidence of coverage or service of specific interest to viewers in the Stockton area. The Stockton Stations argue that KFCB's programs are not local in nature, but instead address topics of national interest including gangs, substance abuse, and violence. In addition, the Stockton Stations contend that the occasional guest or host who lives in the Stockton area does not make the program local in nature. Furthermore, the Stockton Stations maintain that the three television stations licensed to Stockton, including KSCHTV and KOVRTV, as well as the seven additional television stations located within the SacramentoStocktonModesto ADI, all serve the residents of Stockton with ongoing local service and news coverage. In support of this contention, the Stockton Stations provide evidence of the types of programming and local community service events offered by these stations. Finally, the Stockton Stations dispute First Century's claims of significant viewership. The Stockton Stations assert that not only does First Century fail to show how telephone calls it receives from the Stockton area code translate into significant viewership, but that according to Nielsen Media Research, KFCB received a 0% share of the total household viewing in San Joaquin County in 1992.  X -x19.` ` In reply to Continental's opposition, First Century asserts that the cable operator appears to be "protect[ing] ... its editorial discretion at all costs," to the detriment of the public interest. First Century replies that this petition is not inconsistent with its pending hyphenated market petition and its petition to add certain Sacramento communities to its ADI (CSR4101A), stating that the Commission would not provide these market redesignation mechanisms if, as argued by Continental, a station could not be considered local in"" K0*((!" communities outside its ADI. First Century also replies that the programs referred to in the petition which are no longer aired by KFCB show a history of local service because not only did the programs entertain, but they also "met real needs." In addition, First Century contends that contrary to Continental's arguments, just because a program addresses issues of national importance does not detract from the local programming provided by KFCB. In support of its arguments regarding viewership, First Century reiterates its claims that the over 50,000 calls received from the 209 area code, which includes Stockton, is significant because the only areas within the 209 area code reached by KFCB are those served by Continental and by Modesto Cable. Furthermore, it notes that a petition signed by approximately 1000 cable subscribers on the Continental system requesting continued carriage of KFCB was delivered to Continental during the week of December 2, 1993. First Century also disputes Continental's claims regarding the availability of other local religious programming. Petitioner notes that not only does Continental overstate the number of hours per week that it airs religious programming and the local nature of the programming, but it also claims it is airing certain programs that in fact it is not airing at all. Finally, Petitioner reemphasizes the importance of Continental's history of carriage of KFCB asserting that the operator's continued carriage of KFCB even after it was no longer required to do so may have been a result of subscriber demand.  XK-x20.` ` In its reply to the Stockton Stations' opposition, First Century argues that contrary to the Stockton Stations' assertions, KFCB has detailed considerable and significant programming addressing issues relevant to Stockton residents, and that just because an issue may be of interest to other areas, does not mean it is not of interest to Stockton residents. Furthermore, Petitioner contends that in addressing their own programming, the Stockton Stations refer to issues such as spouse abuse and youth gangs, topics KFCB specifically identified in its programming. First Century also replies that KFCB sponsors events and provides unique and unduplicated religious programming in the Stockton area. Finally, with respect to viewership, First Century disputes the use of the Nielsen data showing no viewership of KFCB in the Stockton area because, it argues, the Nielsen data includes not only Stockton, but the larger Sacramento and Modesto areas. It notes with interest that the survey submitted by Continental as Exhibit 2 to its Opposition shows KFCB as receiving a one share, while neither of the Stockton Stations even appears on the survey.  X -x21.` ` In its supplemental opposition to First Century's petition, Continental requests the opportunity to respond to certain statements made by Petitioner in its reply. First, Continental denies that any misrepresentations were made with regard to the program "West Coast Outreach," aired by Continental and referred to in its opposition. Continental maintains that at the time it filed its opposition, it was unaware that the producers of the program had canceled their show and that the first notice it received of the cancellation was in the attachment to First Century's reply. Second, Continental requests that the Commission disregard the petition containing signatures of Stockton area cable households because not only is it new evidence filed for the first time with Petitioner's reply, but also because Continental's research on 100 randomly selected households revealed that 31 were not even current cable subscribers. Finally, Continental asserts that the only credible evidence of"#' 0*((%" viewership that is part of the record is the countywide Nielsen data proffered by the Stockton Stations. Continental argues that First Century has the burden of establishing that it has sufficient viewership and has failed to meet this burden by not submitting any relevant data.  X-  X-ANALYSIS AND DECISION ĐTP  Xv-x22.` ` At the outset, it is noted that KFCB's transmitter is located on Mount Diablo which is on the eastern edge of the San Francisco ADI, approximately 50 air miles from Sacramento and approximately 40 air miles from Stockton. Given the geographic proximity to the requested communities, and the fact that the station encompasses these communities with a Grade A contour, it appears that residents of the Sacramento and Stockton areas would logically view KFCB as a "local" station. We shall grant First Century's petition with respect to the Sacramento Communities of Sacramento, Elk Grove, Carmichael, Fair Oaks, Citrus Heights, Folsom, McClellan, Galt, Orangevale, Elverta, Gold River, Rancho Cordova, North  X -Highlands, Isleton, and Rio Linda, California, (CSR4101A),n x# X7-#Xj\  P6G;XP#э See footnote 15, supra. n and also with respect to all of the Stockton Communities (CSR4106A). Petitioner has made a persuasive case that these communities are logically part of KFCB's market for purposes of the cable television mandatory broadcast signal carriage rules under the standards set forth at 614(h) of the  Xb-Communications Act. However, as we noted in footnote 15, supra, the community of Ryde does not receive cable television service, and thus there is no relief we can afford KFCB with respect to this community.  X-x23.` ` KFCB demonstrates that it meets the historical carriage requirement with  X-respect to all of the communities listed in both petitions, except the community of Isleton.`yx# X-#Xj\  P6G;XP#э  Id. ` The fact that Sacramento Cable has carried KFCB in the above listed communities for at least nine years and Continental has carried the station in the Stockton Communities for at least ten years, signifies the importance of KFCB and its ties to these communities. That Sacramento Cable has singled out KFCB for carriage and is not presently carrying other San Francisco stations strengthens KFCB's contention that it is providing service to these communities. We also conclude that KFCB satisfies the coverage element of the statutory test because the requested communities fall within the station's Grade A contour. We have stated previously  X9-that this, alone, is sufficient to satisfy the local coverage and service factor.9*x# X"-#Xj\  P6G;XP#э  See MM Docket 92259, 8 FCC Rcd at 2981. See also paragraph 5, supra. ã In addition, we are persuaded that KFCB is providing a reasonable amount of programming of interest to its Sacramento and Stockton area viewers.  X-x24.` ` As for viewing pattern data in cable and noncable households, we note that KFCB does not appear in the 199394 Arbitron ratings for either Sacramento or San Joaquin Counties. However, the independent survey submitted by Sacramento Cable shows that in"! 0*(( " each of the two months which were the focus of the survey, 15.3 and 12.0 percent of those surveyed watched KFCB sometimes, while 3.3 and 1.0 percent said they watched the station often. In addition, the calls, letters, and signatures of viewers from the Stockton Communities show some interest in the station's programs and services. We find any arguments regarding KFCB's lack of ratings to be unpersuasive. The Commission has previously recognized that religious stations, such as KFCB, once referred to as specialty stations, are capable of  Xv-"offer[ing] desirable diversity of programming . . , " yet typically attract limited audiences.vx# X-#Xj\  P6G;XP#э  First Report and Order in Docket 20553, 58 FCC 2d 442, 452 (1976), recon. denied,  X-60 FCC 2d 661 (1976). We continue to believe, as we did then, that the fact that such stations attract limited audiences must be taken into account in determining the equities concerning such stations' rights to cable carriage. While KFCB's viewership statistics and evidence are not conclusive, they do show sufficient viewer interest in the station's programming, that when taken as a whole with KFCB's geographic location, the station's Grade A contour coverage and the overwhelming evidence of historical carriage, warrant a grant of the requested change.  X -x25.` ` With respect to the third statutory factor, while other Sacramento and Stockton stations appear to provide programming and services similar in nature to that provided by KFCB, we do not believe that Congress intended the third criterion to operate as 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.  X-; ORDER ă  X-x26.` ` In view of the foregoing, we find that grant of First Century Broadcasting, Inc.'s petitions, with respect to the communities of Sacramento, Elk Grove, Carmichael, Fair Oaks, Citrus Heights, Folsom, McClellan, Galt, Orangevale, Elverta, Gold River, Rancho Cordova, North Highlands, Isleton, and Rio Linda, California (CSR4101A) and the communities of Stockton, Manteca, Lathrop, French Camp, Brookshire, Lincoln, Quail Lakes Garden, and Venetian Garden, California (CSR4106A) is in the public interest.  X -x27.` ` Accordingly, IT IS ORDERED , pursuant to 614(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 petitions for special relief filed September 16, 1993 and September 27, 1993  X-by First Century Broadcasting, Inc., CSR4101A and CSR4106A, respectively, ARE  X -GRANTED to the extent indicated above and CSR4101A IS DENIED with respect to the communities of Isleton and Ryde, California. "# b0*((e""  X-x28.` ` IT IS FURTHER ORDERED, That this change shall be effective in accordance with the following schedule: First Century Broadcasting, Inc., shall notify the cable systems in question in writing of its carriage and channel position elections (76.56, 76.57 and  X-76.64(f) of the Commission's Rules) within 30 days of the release date of this Memorandum  X-Opinion and Order. The affected cable systems shall come into compliance with the applicable rules within 60 days of such notification.  Xc-x29.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. x` ` P P  hh@FEDERAL COMMUNICATIONS COMMISSION x` ` P P  hh@William H. Johnson x` ` P P  hh@Deputy Chief, Cable Services Bureau