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File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $//MO&O Grant of KZJL's must carry complaint, DA 96-353//$ $/300.534 Carriage of local commercial television signals/$ $/76.7 Must-carry complaint procedures/$ $/76.61 Disputes concerning carriage/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 96-353 In re: ) ) Complaint of Urban Broadcasting Systems, Inc. ) CSR-4651-M against Telecommunications, Inc. ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: March 12, 1996 Released: March 22, 1996 By the Deputy Chief, Cable Services Bureau: 1. Urban Broadcasting Systems, Inc. ("KZJL"), licensee of television station KZJL(TV), Channel 61, Houston, Texas has filed the above-captioned complaint (CSR-4651-M) requesting mandatory carriage of its signal on cable systems operated by Telecommunications, Inc. ("TCI") serving Houston, Texas and the Texas communities served by the following TCI headends: Baytown, Clute, Columbus, Eagle Lake, Galveston, Harris County 1, Harris County 2, Harris County 3, Houston, La Marque/Alvin, League City, Liberty, Pearland, Tomball, and Woodlands. The complaint is unopposed. 2. In its must-carry complaint, KZJL, an affiliate of the Shop at Home network, maintains that on April 8, 1995, it notified TCI that it expected to commence broadcast operations on June 3, 1995, and that it elected carriage on the TCI systems pursuant to 76.64(f)(4) of the Commission's rules. KZJL argues that it meets the Commission's criteria for carriage under the must-carry rules, and thus, it is entitled to carriage on TCI's system. KZJL maintains that TCI was obligated by Commission rules to commence carriage of the station within 90 days of the April 8 letter, i.e., by July 7, 1995. KZJL contends that because TCI failed to commence carriage by that date, KZJL sent a letter to the operator on August 8, 1995, notifying TCI of its failure to meet its must-carry obligations. KZJL maintains that TCI did not make a "substantive" response to its August 8 letter within 30 days, as is required by 76.61(a)(2) of the rules. KZJL contends that by letter dated September 19, 1995, after the 30-day statutory deadline had passed, the station received a short letter from TCI stating only that TCI had conducted tests to determine signal level and picture quality of KZJL at eleven headends, and that the tests revealed poor picture quality. According to KZJL, TCI did not provide any documentation of the testing equipment or methodology as is required under Commission rules. KZJL notes that TCI did not object to the signal level at its central Houston headend, nor did the operator address the issue of KZJL's signal strength at any of the headends. Maintaining that signal strength, rather than picture quality, is the key factor for determining must-carry eligibility under 76.55(c)(3) of the rules, KZJL argues that TCI did not adequately account for its failure to commence carriage of the station. 3. KZJL argues further that the station sent its own engineers to two of TCI's headends to perform signal tests. According to KZJL, the station found that its signal strength was above the minimum required for carriage, and that although there was some minor ghosting, it was not any worse than the ghosting present on three other stations carried by TCI. KZJL offered to test its signal at all of TCI's headends, and where necessary to install antennas cut for KZJL's Channel 61, along with other equipment designed for improving signal quality. KZJL argues that in response to the station's offer, TCI promised KZJL that by November 1, 1995, it would notify the subscribers of its systems that it would commence carriage of the station on December 1, 1995. KZJL contends that TCI has failed to commence carriage, and that the station has been unable to confirm whether TCI notified subscribers of its impending carriage of the station. 4. We will grant KZJL's carriage complaint against TCI. In the instant case, TCI does not dispute that the station's signal strength is adequate. In its letter to KZJL, TCI merely maintains that the station provides poor picture quality. Apart from this conclusory statement, TCI has made no showing to persuade us that KZJL is not entitled to carriage under our rules. 5. Accordingly, IT IS ORDERED, pursuant to  614(a) of the Communications Act of 1934, as amended, [47 U.S.C.  534(a)], that the above-captioned petition (CSR-4651-M), filed November 3, 1995, by Urban Broadcasting Systems, Inc. against Telecommunications, Inc. IS GRANTED. 6. IT IS FURTHER ORDERED, that TCI shall commence carriage of KZJL(TV) on its cable systems serving Houston, Texas and the Texas communities served by the above-outlined TCI headends within sixty (60) days from the release date of this Order. 7. This action is taken pursuant to authority delegated under 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau