WPC3 2MBVRKZ3|X7jC:,+Xj\  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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP4M (PCL) (Additional); Local PrintHL4MPCAD.PRSXj\  P6G;\O!QXXP2yEK Z X-#XP\  P6Q+XP#3|X"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""establish "that local news and information needs of the relevant communities are not being""D,))ZZf!"  xLadequately served by local full power television broadcast stations because of the geographic  X- xLdistance of such full power stations from the low power station's community of license."n {Ob-ԍSee subsection (B) of Section 634(h)(2), 47 U.S.C. 534(h)(2)(B)n The  x-second requirement concerns whether a full power television broadcast station is licensed to any  X- xLcommunity in the county in which a low power station is located.-Z {O- xZԍSee subsection (F) of Section 634(h)(2), 47 U.S.C. 534(h)(2)(F). See also In the Matter of Implementation  {O-of the Cable Television Consumer Protection and Competition Act of 1992, 8 FCC Rcd 2965, 2983 n. 211 (1993).- If that is the case, under the  xprovisions of Section 614(h)(2)(f) of the Act the subject low power station is not considered a qualified low power station for carriage purposes. .  X_- III. MARKET FACTS AND ARGUMENT ă  X1- ` x3.` ` State Cable operates a cable system serving approximately 15,000 subscribers in  xWaterville and eight other Maine communities, including 1,900 subscribers in Fairfield. State  xCable disputes MidMaine's claim that it is a "qualified low power station." State Cable contends  xythat MidMaine has failed to establish in face of its objection that local news and informational  x=needs of the relevant communities are not already being adequately served by local full power  x=television broadcast stations because of the geographic distance from the low power station's  xcommunity of license. State Cable asserts that the requirements of subsection (B) of Section  xj614(h)(2) of the Act requires MidMaine make such a showing to be considered a qualified low  xpower station. In this regard, State Cable maintains that MidMaine's unsupported assertion that  xits station's programming "is locally oriented and addresses local needs not addressed by  XK- xprogramming of full power stations whose signal reach Fairfield."8K yO-ԍComplaint, p. 3.8 is insufficient. State Cable  X4- xpoints out that there are several stations which serve the subject communities. 4F yO+- xJԍ We note that three full power television stations, WABITV (Channel 5, CBS), WLBZTV (Channel 2, NBC),  xand WVIITV (Channel 7, ABC), Bangor, Maine place a Grade B or better signal over those communities.  xFurthermore, WFYWLP's community of license, Fairfield, also receives the programming of Educational Television Station WCBB ( Ed. Ch.10) Augusta, Maine State Cable also  x<maintains that MidMaine impermissibly manipulated the Commission's rules by changing its city  xof license from Waterville and Fairfield, Maine to solely Fairfield, Maine. State Cable argues that  x-MidMaine deleted Waterville solely to obtain must carry status on its system If Waterville were  xjnot deleted MidMaine would not be considered a qualified low power station on State Cable's  xsystem because a full power station, WCCBTV, Augusta, Maine, is licensed to a community in  xthe County of Kennebec in which Waterville is also located. Consequently, were it not for Mid xMaine's change of city of license, it would not be a qualified low power station on State Cable's  x<system under Section 614(h)(2) of the Act. In response, MidMaine contends that it is free under  xthe Commission's rules to modify its city of license, and doing so should not deprive it of"e. ,N(N(ZZ"  X-obtaining must carry status on State Cable's system.} yOy- xԍ WFYWLP was initially licensed to Waterville, Maine, located in Kennebec County, Maine. MidMaine  x-subsequently requested that the community of license for WFYWLP be changed to include both Waterville and  xFairfield, Maine, which is located in Somerset County, Maine. On August 22, 1996, MidMaine submitted a further  xrequest that the license of WFYWLP be modified to specify only Fairfield as the community of license, instead of both Waterville and Fairfield, and that Waterville be deleted as the community of license.} x  X- IV. DISCUSSION AND ANALYSIS ă  X- ` px4.` ` MidMaine's request for mandatory carriage on State Cable's system will be  x/denied. Section 614 (h)(2)(B) has two parts. The first part requires that a low power station  xZseeking carriage meet all obligations and requirements applicable to television broadcast stations.  xThe second part, unlike the first, requires that the Commission determine whether the provision  xof programming by a subject low power station address local news and informational needs not  xbeing met by full power stations because of their geographic distance from a low power station's  xcommunity of license. In view of the Congressional directive that the Commission make a  xfinding regarding the second factor, we find MidMaine's unsupported contention that its station's  xprogramming is locally oriented and addresses local needs not addressed by programming of full  x=power stations to be insufficient. MidMaine has failed to introduce any programming logs or  xother evidence supporting its contention that it provides local news and informational  xprogramming directed at the communities at issue. In view of MidMaine's total failure to  xintroduce such evidence, we are unable to conclude that WFYWLP is a qualified low power  xstation as contemplated by Section 614(h)(2) of the Act. Consequently, WFYWLP is not  xentitled to mandatory carriage on State Cable's system serving the communities at issue. In view  xof our finding, we need not reach the issue of whether MidMaine's changing of its city of license violated the Commission's rules.  X- 0V. ORDER ă  X- ` nx5.` ` Accordingly, IT IS ORDERED , pursuant to Section 614 of the Communications  xAct, that the complaint filed October 21, 1996 in File No. CSR 4854M by MidMaine  X-Community Broadcasting IS DENIED.  X|- ` px6.` ` 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` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Gary Laden, Chief x` `  hh@Consumer Protection and Competition Division x` `  hh@Cable Services Bureau"!x,N(N(ZZ "Ԍ