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Avenue Cable is licensed to serve the Ventura Communities which are located in the western half of Ventura County on the northern edge of the Los Angeles ADI.  X- ` `x9.` ` In its petition, Avenue Cable begins by noting that communities located in the  xLwestern portion of Ventura County, like those at issue, should not be in the Los Angeles ADI  xbut belong instead in the Santa BarbaraSanta MariaSan Luis Obispo ADI. Avenue Cable then  x?asserts that the markets of KWHYTV and KZKI(TV) should be modified for mustcarry  xpurposes. Specifically, Avenue Cable argues that application of the four factors enumerated in  x47 U.S.C. 534(h)(1)(C)(ii) justifies its request to exclude the Ventura Communities from each  xtelevision station's market. In support of its petition, Avenue Cable first notes that KZKI(TV)  x[has never been carried on Avenue Cable's systems and that KWHYTV was carried from 1982 XN- x<1984 but was dropped because of distance and a poor quality signal. XN yO$-  #C\  P6QɓP#эxAvenue Cable states that it dropped KWHYTV in mid1984 because copyright liability for carrying a  xdistant signal as well as the poor quality of the signal. Avenue Cable further states that no other cable system located in Ventura County carries either KWHYTV or KZKI(TV).  Avenue Cable then states  xthat neither station provides coverage or other local service to the Ventura Communities. In fact,"7( ,-(-(ZZ"  xAvenue Cable asserts that neither station provides a predicted Grade B coverage to the Ventura  xCommunities and that all of its service area is clearly outside of the Grade B contours of each  X- xstation. \ {OK-  #C\  P6QɓP#эxIn support of this argument, Avenue Cable attaches, as exhibits, the 1995 edition of the Television and  {O- xCable Factbook and the 1995 Rand McNally Road Atlas, a comparison of which purportedly shows that its service area is outside of the Grade B contours of KWHYTV and KZKI(TV), respectively. Avenue Cable further asserts that the two stations are geographically remote from the  xVentura Communities and are, in fact, separated from those areas by the Santa Monica  xMountains. Avenue Cable claims that the Santa Monica Mountains form a natural barrier which  xdivides the Ventura County into Ventura East and Ventura West. Avenue Cable then states that  xthe Commission has recognized that the natural geographic division formed by the mountain  X_-range also divides Ventura into two distinct areas for audience survey purposes.$ _ {O -  \#C\  P6QɓP#эxCiting Chronicle Publishing at  25, (CSR4490A, CSR4468M), 10 FCC Rcd 9474, DA 951829 (Cab.  yO -Serv. Bur., released Aug. 23, 1995).$  X1- ` $x10.` ` With respect to the third statutory factor, the provision of local programming,  xxAvenue Cable states that it carries a multitude of other stations which provide extensive coverage  X - xof local issues.z X F yO-  >#C\  P6QɓP#эxAvenue Cable notes that local coverage is provided by KEYTTV(ABC, Santa Barbara), KSTVTV (Ind.,  xxVentura), KADYTV (Ind., Ventura), and KCOYTV (CBS, Santa Maria). Avenue Cable also notes that it carries a number of nonbroadcast cable programming as well.z As to the fourth and final statutory factor, Avenue Cable states that the  xviewership ratings for each station were unobtainable because it is not a subscriber to either the  xyNielson or the Arbitron services. Avenue Cable argues that, presumably, television ratings for  xKWHYTV and KZKI(TV) are unlikely to appear on any ratings report because: (1) the Grade  x.B contours for each station do not appear to cover any of the communities served by Avenue  xCable; and (2) neither station has a history of carriage. Finally, Avenue Cable argues that the  xpublic interest would be deserved by mandatory carriage of KZKI(TV) and KWHYTV, since neither station has a local nexus with the communities at issue.  X4- ` x11.` ` In its opposition, KZKI(TV) asserts that analysis of the four statutory factors  x.governing ADI modification requests does not support exclusion of the Ventura Communities  xfrom the market of KZKI(TV). It notes that Avenue Cable has failed to demonstrate that such  xexclusion would serve the public interest. With respect to historic carriage, KZKI(TV) notes that  xAvenue Cable has never carried KZKI(TV) because it is a new station and has not been afforded  X- xan opportunity to establish relationships with local cable systems.f  yO!-#C\  P6QɓP#эxKZKI(TV) states that it began broadcasting on January 7, 1994. KZKI(TV) notes that the  X- x<Commission, in Chronicle,~  {OQ$-#C\  P6QɓP#эxChronicle Publishing at  21.~ recognized that the historic carriage factor should not be given great  xweight as it is applied to KZKI(TV) because it is a new market entrant and to do so would defeat  xZthe underlying purposes of the mandatory carriage requirements. KZKI(TV) next states that, with  xrespect to local coverage, the existence of predicted Grade B coverage is not conclusive of a"g ,-(-(ZZ"  xtelevision station's ability to provide local service. KZKI(TV) asserts that the Ventura  xMCommunities are located within it's television market and that it will deliver a good signal to Avenue Cable's principal headend.  X- ` x12.` ` With respect to local programming coverage, KZKI(TV) challenges Avenue  xCable's interpretation of this statutory factor. KZKI(TV) asserts that the fact that Avenue Cable  xLcarries other local stations does not act as a bar to its carriage of KZKI(TV). Rather this factor  xwas intended, KZKI(TV) argues, to enhance a station's claim where it could be shown that other  xZstations do not provide local coverage. Finally, KZKI(TV) argues that the fourth statutory factor,  xi.e., viewership ratings, should be given little weight because of the unique character and  xcircumstances of the television station. KZKI(TV) is a home shopping station which, like other  xhome shopping stations, has a limited audience yet provides an important public service.  xKZKI(TV) notes that the Commission has stated that viewership is difficult to separate from  X - xhistoric carriages  {ON-#C\  P6QɓP#эxId. at  22.s and states that this is particularly true with respect to new stations such as KZKI(TV).  X- ` #x13.` ` KZKI(TV) next states that Avenue Cable, in addition to not meeting the requisite  xshowing required by the four statutory factors, has not demonstrated that exclusion of the Ventura  xLCommunities from KZKI(TV)'s ADI would serve the public interest. KZKI(TV) argues that the  x-Commission has denied a cable system's request to exclude certain communities from a television  x=station's ADI where the cable system has not established that such exclusion would serve the  X- xMpublic interest.Z {O(-#C\  P6QɓP#эxCiting North Central Cable Communications, 10 FCC Rcd 4381, 4383 (1995). In this case, KZKI(TV) argues that the public interest would be served by  xaffording it the opportunity to develop an audience and by ensuring that cable operators are required to provide diverse programming.  X- ` `x14. ` ` In its opposition to Avenue Cable's petition, KWHYTV begins by noting that  xAvenue Cable has denied carriage of KWHYTV, despite the fact that it carries all nine of the  xLother commercial television stations licensed to Los Angeles on its system in western Ventura  xCounty, including a station licensed to Corona which is a community located east of Los  xAngeles and thus farther from the areas served by Avenue than KWHYTV's city of license.  xKWHYTV also notes that it broadcasts from a transmitter located at Mount Wilson, a site from  xywhich each of the nine Los Angeles stations carried by Avenue Cable locate their transmitters.  xKKWHYTV further notes that it broadcasts with a specialized Spanish language format that caters to a large Hispanic population residing in the communities at issue.  X- ` 3x15.` ` KWHYTV asserts that the first statutory criterion, historic carriage, is of little  xjmoment here because Avenue Cable has never carried KWHYTV. Rather than rely on history  xxin such cases, KWHYTV argues that the Commission has looked to the carriage patterns of other"!,-(-(ZZ "  X- xsimilarly situated stations to delineate the shape of the market. {Oy-#C\  P6QɓP#эxCiting Chronicle at  22.Ā KWHYTV argues that Avenue  x Cable has singled out KWHYTV as the only commercial television station licensed to Los  xjAngeles that it does not carry on its system serving the Ventura Communities. This exclusion,  xLKWHYTV argues, is unjustified discrimination against the television station. With respect to  xthe provision of local service, the second criterion, KWHYTV acknowledges that it's Grade B  xcontour does not encompass Avenue Cable's entire service area. However, engineering data,  x0proffered by Harriscope, indicates that KWHYTV's signal is of actual Grade B strength  xmeasured at Avenue Cable's main offices, at its offair headend, and at randomly selected points  XH- xthroughout the City of Ventura.HZ yOS -#C\  P6QɓP#эxHarriscope attaches a Declaration of David Zulli and a study done by Capp's TV Electronics, Inc. KWHYTV notes that, as further evidence of Avenue Cable's  x-discriminatory treatment, Avenue Cable carries another Spanish language station, KMEX, whose  xpredicted Grade B contour does not include all of Avenue Cable's service area. KWHYTV's  xjprovision of local service, it contends, is not hampered by the topography of Ventura County.  xTo the contrary, KWHYTV states that its television station is local to western Ventura County,  xthe portion of Ventura County which lies within Avenue Cable's service area. Moreover,  xkKWHYTV notes that Avenue Cable already carries nine Los Angeles stations, all of which  X - xtransmit from Mount Wilson, as does KWHYTV.z  {OB-  #C\  P6QɓP#эxCiting ML Media Partners, L.P., (CSR4283A),10 FCC Rcd. 9456, 9461, DA 951826 (Cab. Serv. Bur.,  xreleased Aug. 23, 1995) (Commission denied modification request of cable system carrying numerous other television  xistations from the Los Angeles market, including other stations, broadcasting from the same, or almost the same,  xtransmitter site.) KWHYTV also notes that three of the four stations that are located in the Los Angeles market  xbut are not carried by Avenue Cable transmit from Sunset Ridge, a site that is 22 miles further east than the Mount  xwWilson site from which KWHYTV transmits. It is not reasonable, KWHYTV contends, to group KWHYTV with these stations for purposes of mustcarry and ADI modification.  In addition to transmitting from the same  xsite as the Los Angeles stations which Avenue Cable carries, KWHYTV states that it shares in,  xyalong with other television stations carried by Avenue Cable, serving an important local public  xinterest. KWHYTV engages in Spanish programming which serves a large percentage of the  xjresidents of western Ventura County and Avenue Cable's service area. KWHYTV states that,  xas of the 1990 Census, the population of the City of Ventura was 17.6% Hispanic and it is projected to be 20.3% by 1997.  X- ` x16.` ` Harrisburg states that consideration of the third criterion, carriage of other local  xtelevision stations, should not preclude KWHYTV from being carried on Avenue Cable's  xsystems. The provision of alternative and diverse programming, Harrisburg argues, is a tenet  xlong upheld by the Commission. KWHYTV should not be penalized for augmenting subscriber  xchoice and a cable system's ability to provide diverse programming to the communities it serves.  xFinally, with respect to viewership data, KWHYTV argues that Avenue Cable has not met its  xevidentiary burden because it did not introduce any audience data. Alternatively, KWHYTV  xargues that any audience data offered by Avenue Cable would be inapposite here because of  xKWHYTV's specialized foreign language programming format. KWHYTV concludes its"7, ,-(-(ZZ"  xLopposition by seeking to distinguish prior Commission decisions cited by Avenue Cable in its  X-petition as factually distinct and irrelevant to the case at hand.Z {Ob-  #C\  P6QɓP#эxKWHYTV describes Chronicle, supra, and Smith Broadcasters of Santa Barbara L.P., (CSR3822A), 10  xFCC Rcd 9447, DA 95 1825 (Cab. Serv. Bur., released Aug. 23, 1995) as cases that are factually distinct from the  yO-instant case. Ġ  X- ` x17. ` ` In its Reply, Avenue Cable argues that all of the market modification factors  xspecified in the 1992 Cable Act support its request to exclude the relevant communities from the  xtelevision markets of KWHYTV and KZKI(TV), respectively. Specifically, Avenue Cable  x[argues that, in addition to the absence of historical carriage, neither station provides predicted  xGrade B contour over or other local service to the operator's service area. In fact, Avenue Cable  xjnotes that KZKI(TV) does not dispute it's lack of predicted Grade B coverage. With respect to  xKWHYTV, Avenue Cable states that a 1993 amendment to that station's file clearly indicates  xthat its predicted Grade B contour signal falls short of Oxnard, a community far to the south and  xeast of Ventura, and that KWHYTV's own engineering tests indicate that it does not provide  xactual Grade B coverage. Avenue Cable argues that a lack of Grade B coverage creates a strong  xpresumption against local service. In addition, Avenue Cable argues that the geography and  xdistance between its service area and the signals of each station evidence the lack of local service.  xAvenue Cable next refutes the argument set forth by KWHYTV that it discriminates against the  xtelevision station. Avenue Cable states that, although it carries other Los Angeles stations which  xtransmit form Mount Wilson, KWHYTV's signal contours are the worst of any Los Angeles  xstation and of any station transmitting from Mount Wilson. KWHYTV, Avenue Cable argues,  x[is treated no differently from two other stations, KHSCTV and KTBNTV, which transmit from Mount Wilson but are not carried on its system.  X- ` x18.` ` Avenue Cable also states in its reply that there is no local nexus between the  xprogramming offered by either KWHYTV or KZKI(TV). Avenue Cable asserts that Spanish  xlanguage broadcasting does not automatically establish a local nexus. Moreover, Avenue Cable  xstates that the Commission has found that other stations in the Los Angeles ADI provide more  xfocused programming in the Communities than KZKI. Finally, Avenue Cable notes that neither station has provided evidence of local viewership in the Communities.  Xe-( DISCUSSION ă  X7- ` x19.` ` Avenue Cable's petition will be granted with respect to the television markets of  xKZKI(TV) and KWHYTV. Ventura County is an area of rugged terrain where there is an  xoverlap of signals from the Los Angeles and the Santa BarbaraSanta MariaSan Luis Obispo  x[markets. Portions of the county are far closer to Santa Barbara than they are to the City of Los  xAngeles or to the communities in the Los Angeles market to which these television stations are  xMlicensed. Arbitron, as noted earlier, has chosen to divide Ventura County into western and  xeastern sections for audience survey purposes. This division reflects the associated terrain and  X"- xviewing patterns in the county. In Smith Broadcasters, we recognized Arbitron's division of"",-(-(ZZ!"  xxVentura County for audience survey purposes and applied that bifurcation for purposes of market  X- x-modification analysis.| {Ob-#C\  P6QɓP#эxSmith Broadcasters at  17.| Similarly, in Chronicle we noted that the topography of the area and the  xidistances involved distinguishes communities in western Ventura County from the rest of the Los  xAngeles market and found, in fact, that cable communities in the western portion of Ventura  x=County should be deleted from the television market of KZKI, among other television stations  X- xat issue in that case.Z {O-#C\  P6QɓP#эxChronicle at  24 and 27.  We found that those western communities are more connected to the Santa  Xx- xBarbaraSanta MariaSan Luis Obispo market than to Los Angeles.|x {O -#C\  P6QɓP#эxSmith Broadcasters at  19.| Therefore, consistent with  Xa- xLour prior decisions in Smith Broadcasters and Chronicle, and based on our review of the data  xprovided in this proceeding, the general geography, television reception, and viewing patterns,  xwe conclude that the result reached here comports with the requirement contained in Section 614(h) of the Act to "better effectuate the purposes" of the mustcarry provisions.  X - ` 3x20.` ` Petitioner argues that the television markets of the stations at issue should be  xmodified for the following reasons: 1) the Ventura Communities, located in the western part of  xVentura County, do not belong in the Los Angeles ADI; 2) neither station has a history of  xcarriage; 3) neither provides coverage or other local service; 4) the Communities are serviced  xby other television stations which provide more focused programming than does either station;  x-5) viewership ratings for each station are presumably deficient since neither has a local presence;  xKand 6) mandatory carriage of these stations would not be in the public interest. The factors listed  xabove are of relevance as a means to distinguish among communities within a market to define  xthe boundaries of the market not to excuse specific cable systems from compliance with the rules.  X- ` `x21.` ` The information supplied in the petition helps define the characteristics of the  xtelevision markets involved here. Specifically, we note that, with regard to the first statutory  xMcriterion, i.e., historic carriage, the 1992 Cable Act acts to remedy past discriminatory signal  xcarriage practices. Therefore, while neither station at issue has a history of carriage on Avenue  xCable's system, this is not by itself determinative. To do otherwise would defeat the underlying  xpurposes of the mandatory carriage requirement by preventing weaker or newer stations that cable  x-systems had previously declined to carry, from ever obtaining the right to carriage. We note that  x[KZKI(TV) commenced operation on January 4, 1994 and that KWHYTV was carried briefly on Avenue Cable's systems from 1982 through mid1984. Nor in our analysis will we give great "; F,-(-(ZZ"Ԍ X- x=weight to the petitioner's lack of audience shares.  3 yOy- xw#C\  P6QɓP#э Neither Harriscope nor Paxson have contested Avenue Cable's conclusion regarding the absence of significant  x.audience to the relevant stations in West Ventura County. A review of Arbitron's data taken from its 1993  x"Television County Coverage" publication confirms this with respect to KWHY(TV). There was no reported audience share for KZKITV because that station went on the air in 1994.  Because both KWHYTV, which provides  xSpanish language programming, and KZKI(TV), which broadcasts a home shopping format, are  x[specialty stations, we cannot weigh heavily their lack of audience shares. Despite their lack of  x<general audience appeal, the Commission has recognized that specialty stations are nevertheless  X- xable to "offer a desirable diversity of programming." {O -#C\  P6QɓP#эxSee First Report and Order, 58 FCC 2d 442,452 (1976),  recon. denied, 60 FCC 2d 661 (1976). Thus, the absence of historical carriage  xyand limited audience appeal are statutory factors that, rather than being outcome determinative on their own, must be weighed with other factors in reviewing the scope of the markets involved.  XH- ` `x22.` ` Avenue Cable claims that, with regard to the third statutory factor, its systems  xalready serve the Ventura Communities with sufficient coverage of local issues and events and,  xtherefore, there is no need to carry the stations at issue. We have consistently applied the third  xkstatutory factor as an "enhancement criterion" where a television station could show that it  xprovides a service that other local stations do not. In cases where stations provide similar  xprogramming, we have stated that the mere "fact that two or more stations share the same format  xis not grounds for concluding that their programming is duplicative for purposes of the  X - xjCommission's mustcarry rules." B {O-#C\  P6QɓP#эxSee ML Media Partners at  12. The Commission has set forth what constitutes duplicative  X- xprogramming in Section 76.56(b)(5) of its rules. {O-  .#C\  P6QɓP#эx47 C.F.R 76.56(b)(5). See, e.g., Complaint of Pray, Inc. against Nationwide Communications, Inc. 10 FCC Rcd 1053, 1054 (1995). In the instant case, the enhancement criterion  xis inapplicable and does not affect the outcome in this proceeding. We note however that other  xtelevision stations serving western Ventura County have been found to provide more focused local  XK-programming than at least one of the stations at issue here, i.e., KZKI(TV).ZK.  {O*-  #C\  P6QɓP#эxIn Chronicle at  23, we said that "in the western portion of the county, there are television stations, such  xas KEYT and KADY, licensed within Ventura County, which have a closer nexus to the cable communities in that they provide more focused local programming than KDOC, KRCA, and KZKI."  X- ` Ax23.` ` It is the second factor, relating to local service and coverage, in combination with  xzthe terrain and distances involved, that persuades us that there is a basis for distinguishing  xbetween the service provided by the stations at issue and those currently carried on Avenue  xCable's system. KZKI(TV), licensed to San Bernadino, transmits from Sunset Ridge. Sunset  xRidge is 22 miles further east than the Mount Wilson site from which stations carried on Avenue  xiCable's systems transmit. The topography of the area, i.e., the mountainous terrain, suggests that  x\significant obstacles are present even in transmitting from the closer site of Mount Wilson.  xKWHYTV, licensee of Los Angeles, transmits from Mount Wilson but provides a weaker signal"| P ,-(-(ZZA"  x\than the other stations transmitting from that site. The fact that television stations within a  xparticular market transmit from a common transmitter site is noteworthy with respect to market  X- xmodification policy.= yOK-  z#C\  P6QɓP#эxCongress did not intend that market modification policy provide a means for cable systems to avoid their  {O-mustcarry obligations. See H.R. Rep. No. 102628, 102d Cong. 2nd Sess. at 97 (1992).= Although the Commission has denied petitions which seek to exclude  x\stations broadcasting from the same, or almost the same, transmitter site, the balance of the  X- xevidence in this case weighs in favor of excluding the Communities from KWHYTV's ADI." {Ow-  .#C\  P6QɓP#эxSee ML Media Partners at  17 and Paragon Cable (CSR4255A), 10 FCC Rcd at 9467, DA 951827 (Cab.  xJServ. Bur., released Aug. 23, 1995). Congress has indicated that, "[u]nless a cable system can point to particularized  xevidence that its community is not pert of one station's market, it should not be permitted to single out individual  xhstations serving the same area and request that the cable system's community be deleted from the station's television market." H.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992).  xWith regard to other evidence of service and coverage, the Commission has used the provision  Xv- x0of a Grade B contour over the relevant service area as a probative indicator. Zv yO-  L#C\  P6QɓP#эxThe Commission has held that the local service requirement may be satisfied if the station's Grade B contour  {O- x=covers the community. See 8 FCC Rcd at 2981. Grade B contours, however, are not to used as any absolute measure of the scope of a station's market.  As it has  x>acknowledged, however, KZKI(TV) does not provide a predicted Grade B contour over the  xcommunities at issue. We note that KWHYTV is predicted to provide Grade B service over a small portion of Avenue Cable's service area.  X - ` x24.` ` In addressing the issue of service and coverage in Chronicle which involved  xcommunities in Ventura County, we recognized that Arbitron divided Ventura County into a  X - xiwestern portion and an eastern portion for audience reporting purposes.!  {O~-  #C\  P6QɓP#эxSee Chronicle, 10 FCC Rcd at 948. The Commission first recognized the bifurcation of Ventura County for  {OH-analytical purposes in Smith Broadcasters, supra. The assignment of the  x>communities involved in that case attempted to replicate the market realities as reflected by  X - xArbitron." R  {O-  z#C\  P6QɓP#эxIn Chronicle, we found that the communities of eastern Ventura County, specifically the communities of  xKThousand Oaks, Fillmore, Newbury Park, Moorpark, Agoura Hills, Calabasas, Westlake and Oak Park, which are  xKlocated in Los Angeles County, are in the television markets of KDOC (Riverside), KRCA (Anaheim) and KZKI  x(San Bernadino). We also found that the communities of Santa Paula, Camarillo, Ojai, and Somis which are located in the western portion of Ventura County.  Specifically, we found that those cable systems serving eastern Ventura County are  xyin the market of KZKI. Applying the same rationale for the market dichotomy used in that case  xto the present case, we find that the Ventura Communities are outside the television market of  x[KZKI. While we believe that each modification is uniquely tailored to the demonstration made  xby a particular television station or cable operator, we believe that it is reasonable to use the  X6- xdivision set forth in Chronicle involving the same station in this case as well, because it creates  xKmarket uniformity and gives television stations and cable operators regulatory certainty on which  x.they can base future legal and marketing decisions. With respect to KWHYTV, based on the  xsame rationale we also find that application of the Ventura County market dichotomy established" ",-(-(ZZ"  xby Arbitron is warranted and that Avenue Cable has also justified exclusion of KWHYTV from its service area. x  X- ` }x25.` ` In sum, the 1992 Cable Act directs the Commission to include or exclude particular  xcommunities from a television station's market to ensure that a television station is carried in the  xareas which it serves and which form its economic market. We conclude that Avenue Cable has  xsatisfied its burden in establishing that the public interest would be served by deleting the cable  xcommunities in the western portion of Ventura County from the respective television markets of KZKI(TV) and KWHYTV.  X - ORDERING CLAUSE ă  X - ` x26.` ` Accordingly, IT IS ORDERED, pursuant to  614 of the Communications Act of  x1934, as amended, 47 U.S.C.  534 and  76.56 and 76.59 of the Commission's Rules, 47  x C.F.R.  76.56 and 76.59, that the Petition for Special Relief (CSR4622A) filed by Avenue Cable IS GRANTED.  Xy- ` x27.` ` This action is taken pursuant to authority delegated by 0.321 of the Commissions rules. x` `  hhFEDERAL COMMUNICATIONS COMMISSIONS x` `  hhWilliam H. Johnson,  X-x` `  hhDeputy Chief, Cable Services Bureauxx