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$//MO&O denying K30EM carriage on Callais Cable, DA 95-2437//$
$/76.7 Special relief and must-carry complaint procedures/$
$/76.61 Disputes concerning carriage/$
$/300.534 Carriage of local commercial television signals/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

                                                                 DA 95-2437
In re:          )
     )
Complaint of Folse Productions, Inc.   )     CSR-4576-M
against Callais Cable of Golden  )
Meadow          )
     )
Request for Carriage  )


                               
                       MEMORANDUM OPINION AND ORDER

                      Adopted:  December 7, 1995                 Released:  December 15, 1995

By the Deputy Chief, Cable Services Bureau:

1.      The Cable Television Consumer Protection and Competition Act of 1992 and the rules
adopted by the Commission in its Report and Order implementing the mandatory broadcast
signal carriage ("must-carry") provision of the Act,  required, in certain limited
circumstances, cable television systems to carry the signals of low power television (LPTV)
stations.  

2.      On July 20, 1995, Folse Productions, Inc., licensee of low power television station
K30EM (Channel 30), Houma, Louisiana, submitted the captioned complaint against Callais
Cable of Golden Meadow ("Callais"), operator of a cable television system serving Grand Isle,
Louisiana,  alleging the latter's improper denial of carriage.  Callais responded on August 1,
1995 by alleging that the station did not provide a good quality signal and, that even if it did,
complainant does not satisfy the definition of a qualified LPTV.

3.     The must-carry rules state that if there are not enough full-power local commercial
television stations to fulfill the must-carry obligations of a cable system, a qualified LPTV
may be carried.  One of the criteria for being a qualified LPTV is that "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 (MSA's) on June 30, 1990."  Callais correctly
points out in its opposition that Grand Isle, its franchise area, is located in Jefferson Parish,
Louisiana which is part of the New Orleans, Louisiana MSA (#32).  As a result, pursuant to
this criteria, K30EM is not a qualified LPTV station with regard to Callais' system serving
Grand Isle, Louisiana.  Given our conclusion, we need not reach the other issues raised by the
parties in this matter.  

4.     Accordingly, the petition filed July 20, 1995 by Folse Productions, Inc. IS DENIED,
pursuant to 614(h)(2)(F)  (47 U.S.C. 534) of the Communications Act of 1934, as amended. 

5.     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