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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:K@ZC"i~'K2^$(8<><q*"xxxxWWxxxWWkkxxxQXu&_ x7XXdddddddodpLpLpLdoddddododxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"ddd9dCCzCdzdoddCdYds]zUvdYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYC\   pxtll\tll@\@\`L2f NZ",tB^ f ^;C`ddCCCdCCCCddddddddddCCdxxxsCYoxxdoxxooCCCddCddYdY8dd88Y8ddddLL8dYYYLYdYd4dddddCddddddddd8xdxdxdxdxdYxYxYxYxYC8C8C8C8dddddddddoYxddddoYdxdxdxdxdXXddxxXxdxdxXdddddddD8ddddCdddddp8pHodp8p8dxddddxLxLxddLdLdLddpHp8odddddddodpLpLpLdoddddododxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"ddd9dCCzCdzdoddCdYds]zUvdYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYC\   pxtll\tll@\@\`L Y-  #Xw PE37XP##Xw PE37XP#$//MO&O Grant of WTLW(TV) AD n N I petition DA 96348 n N   Y- n N $/76.7 Special relief & must carry complaint procedures/$  Y-$/76.59 Modification of television markets/$ n N T Ã /Before the W FEDERAL COMMUNICATIONS COMMISSION  Xv-Washington, D.C. 20554 ă  Y_-x` `  hh@hpp DA 96 ĩ 348  Y -In re Petition ofTh)  Y -Th)  Y -American Christian Television ServicesTh)ppCSR4018A  Y -Th)  Y -For Modification of ADI Market of@h)pp  Y-Station WTLW(TV), Lima, Ohiohh@h) x` `  hh@h x` `  hh@hpp  YL-}  MEMORANDUM OPINION AND ORDER ă  Y-x Adopted : March 11, 1996hh@h Released : March 22, 1996 By the Deputy Chief, Cable Services Bureau:  Y- INTRODUCTION ă  YR-x1.` ` American Christian Television Services ("ACTS") filed the abovecaptioned petition for special relief pursuant to 47 C.F.R.  76.7 and 76.59, requesting that the television market of television station WTLW(TV) (Channel 44, Lima, Ohio) ("WTLW(TV)") be modified to include those communities in Hancock County, Ohio listed in  Y-the margin.^ Xo!-ԍ Allen TWP, Amanda TWP, Arlington, Big Lick TWP, Findlay, Jackson TWP, Liberty TWP, Marion TWP, McComb, Mt. Blanchard, Mt. Cory, Rawson, Van Buren, and Vanlue.  XA#-These communities are served by Continental Cablevision. See Television and Cable  X,$-Factbook, Cable Vol. No. 63 (1995 Edition), p. D1298. The petition, which was placed on public notice under the referenced file number, shows service on Continental Cablevision and numerous other persons and governmental entities located in these and neighboring communities. However, no opposition to the petition has been filed.  X#- BACKGROUND "#80*0*0*$"ԑTP  Y-x2.` ` Pursuant to Section 614 of the Communications Act (Section 4 of the 1992  Y-Cable Act) XK-#Xj\  P6G;9XP#э Pub. L. No. 102385, 106 Stat. 1460 (1992). See 47 U.S.C.  614. and implementing rules adopted by the Commission in its Report and Order in  Y-MM Docket 92259,r{ X-#Xj\  P6G;9XP#э 8 FCC Rcd 2965, 29722977 (1993).r 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 defined by the Arbitron audience  Yz-research organization.Hz, XW -#Xj\  P6G;9XP#э 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 rules are those published in  X) -Arbitron's 19911992 Television Market Guide.H 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. For purposes of this  Y -calculation, both overtheair and cable television viewing are included.  X-#Xj\  P6G;9XP#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 that county. For  X;-a more complete description of how counties are allocated, see Arbitron's Description of  X&-Methodology.  Y -x3.` ` Under the Act, however, the Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) 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; ` "i 0*((l"ԌXxX` ` (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  YH-systems in such community.H X -#Xj\  P6G;9XP#э Communications Act of 1934, as amended, 614(h)(1)(C)(ii), 47 U.S.C. 534(h)(l)(C)(ii).x`  Y -x4.` ` 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.  T   * * * * *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  Y-particular station's market.b X-#Xj\  P6G;9XP#э H.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992).   Y-x5.` ` The Commission provided guidance in its Report and Order in MM Docket 92 Y~-259, supra, to aid decision making in these matters, as follows: XxFor example, the historical carriage of the station could be illustrated by the  Y;-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  Y-community or is located close to the community in terms of mileage. xxCoverage of news or other programming of interest to the community could be demonstrated by program logs or other descriptions of local program"!0*(("" offerings. The final factor concerns viewing patterns in the cable community  Y-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  Ya-supplemented with additional data concerning viewing in cable homes.za X-#Xj\  P6G;9XP#э 8 FCC Rcd at 2977 (emphasis in original).z   Y3-x6.` ` 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  Y -than applicable in common to all stations in the market.  y X-#Xj\  P6G;9XP#э 8 FCC Rcd at 2977 n.139. Viewership data cited herein is county data rather than  X-communityspecific data. However, absent evidence that such data is not fairly reflective of viewing in the actual communities in question, we accept such data as probative in cases of this type. The rules further provide, in accordance with the requirements of the Act, that a station not be deleted from carriage  Y -during the pendency of a market change request.e  XV-#Xj\  P6G;9XP#э 47 C.F.R. 76.59.e  Y-x7.` ` Adding communities to a station's market generally entitles that station to insist 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  Y6-obligations,P 6 X}-ԍ See 47 U.S.C.  534(b)(1)(B).P 2) the station is responsible for delivering a good quality signal to the principal  Y-headend of the system,U I  X-ԍ See 47 U.S.C.  534(h)(1)(B)(iii).U 3) indemnification may be required for any increase in copyright  Y-liability resulting from carriage,T   X!-ԍ See 47 U.S.C.  534(h)(1)(B)(ii).T 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  Y-network.M  X#&-ԍ See 47 U.S.C.  534(b)(5).M 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"b0*(("  Y-the market whose city of license is closest to the principal headend of the cable system.< Xy-ԍ 8 FCC Rcd at 2981.< Accordingly, based on the specific circumstances involved, the addition of communities to a station's market may guarantee it cable carriage and specific channel position rights; simply provide the system operator with an expanded list of mustcarry signals from which to  Y-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. Also, the removal of a community from a station's ADI will defeat a station's cable carriage and channel position rights on a cable system serving the community.  Y3-  MARKET FACTS AND ARGUMENTS OF THE PARTIES ă  Y -x8.` ` The petition shows that Station WTLW(TV) (Channel 44), Lima, Ohio, is an independent television station located in Allen County, Ohio, which is the sole county comprising the Lima, Ohio ADI. The communities that ACTS seeks to add to WTLW(TV)'s local market are all located in Hancock County, Ohio, which is adjacent to Allen County but in the Toledo, Ohio ADI. For that reason WTLW(TV) is not considered a local signal in Hancock County for mustcarry purposes, although WTLW(TV) places a predicted Grade B  Y|-coverage over the communities at issue, including Findlay, Ohio,v|y X-ԍ See Television and Cable Factbook, Vol. No. 63, 1995 Edition, p A861.v the largest community in Hancock County. ACTS asserts that the market served by WTLW(TV) extends well beyond the small area defined as the Lima ADI. ACTS has provided with its petition considerable data and information for the purpose of demonstrating that this case presents a classic example of a situation where the current ADI is an inappropriate measure of WTLW(TV)'s local market.  Y-x9.` ` ACTS states that WTLW(TV) has been carried for many years on the cable system of Continental Cablevision which serves that listed communities in Hancock County. The petition lists numerous examples of WTLW(TV) programming designed to serve the  Y-particular needs and interests of the residents of those communities.H, Xs-ԍ See Petition, Exhibit B.H These programs include "Turning Point," a thirty minute magazine program aired twice daily; "Straight Talk," a sixty minute program geared toward teenagers aired weekly; coverage of sporting events occurring in schools in the Hancock County communities; and public service spots that show case various civic activities occurring within those communities.  Y -x10.` ` ACTS asserts that the market share rating for WTLW(TV) in Hancock County  Y-is 3,h X&-ԍ ACTS cites the 19921993 Arbitron County Coverage Study.h allegedly the highest in that county for any independent television station. It also claims a combined audience share in Hancock County for all Lima television stations of 8. "0*(( !" ACTS alleges that 33 percent of WTLW(TV)'s viewers are located in the Toledo ADI, with most of these viewers residing in Hancock County. It states that, although WTLW(TV) is licensed as a commercial station, the station operates on a noncommercial basis and received approximately 18.5 percent of its financial support in 1992 from contributors located in Hancock County, according to ACTS.  Yv- ANALYSIS AND DECISION ă  YI-x11.` ` We find that ACTS has demonstrated in its unopposed petition that the public interest will be served by modifying the Lima, Ohio ADIs so as to include those communities listed in footnote 1 above within the television market for station WTLW(TV). In reaching this conclusion, we have considered each of the statutory factors under which the value of WTLW(TV) to the Hancock County communities is to be tested for localism. WTLW(TV) has a strong viewing presence in these communities, has been carried on the cable system serving these communities for many years, offers substantial programming specifically for these communities, and provides overthe air signal coverage of them as well. For the  Y-foregoing reasons, we find that grant of ACTS's petition is in the public interest. Therefore, the Lima, Ohio ADI will be modified to include the communities listed in footnote 1 above within the television market of Station WTLW(TV), Lima, Ohio.  Y5-: ORDER ă  Y-x12.` ` Accordingly, IT IS ORDERED , pursuant to 614(h)(1)(C) of the Communications Act of 1934, as amended, 47 U.S.C. 534(h)(1)(C), and 76.59 of the Commission's Rules, 47 C.F.R. 76.59, that the petition for special relief filed by American  Y-Christian Television Services in File No. CSR4018A IS GRANTED as indicated in paragraph 11 above.  Y-x13.` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules, 47 C.F.R. Section 0.321. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam H. Johnson x` `  hhDeputy Chief, Cable Services Bureau