WPC[? 2MBVRKZ3|X 7jC:,8Xj\  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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP4M (PCL) (Additional); Local PrintHL4MPCAD.PRSXj\  P6G;\O!QXXP2yEK Z X-#XP\  P6Q8XP#3|X "i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""7 ",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`L yO- X   ( X-w #Xj\  P6G;9XP# Federal Communications Commission`(#=DA 97458 ă  yxdddy (dvK Before the Federal Communications Commission  yO}"Washington, D.C. 20554 ă  yO -l#Xj\  P6G;9XP#уpp  X-In the Matter of Petition oflpp)  X-lpp)  X-Armstrong Utilities, Inc. for lpp)  X-Modification of Market oflpp)  CSR 4834A  X-Station WGGNTV, Sandusky, Ohiolpp)  Xu-lpp)  X^ -In re Complaint oflpp)  XG -lpp)  X0 -Christian Faith Broadcast, Inc. againstlpp)  CSR 4631M  X -Armstrong Utilities, Inc. for Carriage of WGGNTVlpp)  d"dL   X- MEMORANDUM OPINION AND ORDER ă  X-X` hp x (#%'0*,.8135@8:614(h)(1)(C)(ii), Christian admits that WGGNTV has not been carried on Armstrong's cable   system. However, Christian asserts that lack of carriage of WGGNTV, which stems from   LArmstrong's failure to meet its mustcarry obligation with respect to WGGNTV, should not be"!z,N(N(ZZ "   used as a basis for granting the requested market modification. Regarding coverage and local   Lservice, Christian argues that WGGNTV is not remote from Armstrong's Ashland and Medina   headends. Christian notes that Armstrong carries five Cleveland market stations on its cable   ysystem, as well as two stations from the Toledo, Ohio television market, that are located farther   from those headends than is WGGNTV. Christian also attempts to show that the Communities   are part of WGGNTV's economic market by pointing out that one of the largest purchasers of   time on WGGNTV is the Harvest Center Church, whose largest of two churches is located in   LAshland, Ohio. Christian states that this church produces a program broadcast on WGGNTV   kMonday through Friday at 6:30 p.m. to 7:00 p.m. Long standing ties to the Communities are   shown, according to Christian, through the programming produced at the Harvest Center Church   located in the community, as well as by correspondence, prayer requests, and contributions stimulated by that programming.  X -  13.` ` Christian asserts that the Commission, in the Bureau Order, determined that the   signal strength which WGGNTV provides over Armstrong's Ashland and Medina headends is   <adequate, with use of additional equipment, to qualify for must carry status on Armstrong's cable   system. Christian also asserts that, if its application for authority to increase WGGNTV's tower  X{-  jheight and effective radiated power is granted,{ {O-ԍSee Christian's application pending before the Commission in File No. BPCT960711KJ. almost all communities served by Armstrong's  Xd-Ashland and Medina headends would be within the station's Grade B signal contour.HdZ yOo-ԍChristian opposition, exhibit 4.H  X6-  214.` ` Christian points to the "Church on Fire" program produced at the Harvest Center   Church as programming that serves the interests and needs of the relevant communities. Christian   yexplains that, during such programs, viewers may place calls to volunteers for prayer and other   help, that such calls often involve a variety of social problems, and that the callers may be   Lreferred to sources for assistance. Christian also asserts that it should not be discredited for a   lack of programming since it is not being carried by the cable system serving these communities.   In a similar vein, Christian argues that WGGNTV should also not be faulted for lack of viewing in the communities for the same reason.  Xg-  `15.` ` Armstrong argues in reply that Christian unsuccessfully links two distinct and   separate matters by arguing that the modification petition should be denied on the grounds that   it is an untimely effort to present matters that should have been presented in response to the must   Kcarry complaint. Armstrong asserts that the modification petition seeks an adjustment of WGGN  zTV's market based on the four factors set forth in Section 614(h)(1)(C) of the Act, and that it   /is exercising statutory rights independent of the issues raised by the must carry complaint.   jArmstrong asserts that Christian's argument that the relevant market is established by the ADI   misses the point of the Section 614(h)(1)(C) right to seek a market modification order. In this   iconnection, Armstrong argues that the Commission, in case after case, has taken into account the   distance of a station from communities and whether a station places a Grade B signal contour"",N(N(ZZ!"   over relevant communities, in determining whether to modify a station's market. Armstrong,   .noting Christian's pending application for increased power and tower height, states that when WGGNTV has an adequate signal, it will be willing to review the situation again.  X-  16.` ` Armstrong also disputes Christian's argument the historical lack of carriage should   not be considered relevant, arguing that the Commission deems historical carriage patterns to be   Luseful in providing insight into the structure of the market involved. Armstrong reasserts that   WGGNTV fails to provide programming designed to satisfy interests and needs of the   Communities. It argues the carriage by WGGNTV of a half hour daily church program does   not constitute sufficient communitydirected programming for Section 614(h)(1)(C) purposes.   /Finally, Armstrong reiterates that WGGNTV has no demonstrated viewing audience in the Communities.  X - IV. DISCUSSION AND ANALYSIS ă  X -  P17.` ` WGGNTV is a UHF commercial television station licensed to operate on Channel   M52 at Sandusky, Ohio. It is located in the Cleveland, Ohio ADI, approximately 45 miles from   Armstrong's headend in Ashland, Ohio and almost 50 Miles from Armstrong's headend in  Xb-  jMedina, Ohio.?Zb yO-  ԍThe distance from WGGNTV to the other relevant Communities ranges from 39 miles for Sullivan Township  {O-  to 55 miles for Orange Township, and averages 49.3 miles for all seventeen Communities. See modification petition, exhibit 1.? Armstrong provides cable services in the Communities, which are also located in the Cleveland ADI.  X- A. The Petition for Modification of WGGNTV's Market  X-  18.` ` We address first the merits of Armstrong's petition to exclude the Communities   served by its cable system from the television market of WGGNTV for mustcarry purposes,  X-  jbecause doing so will facilitate our consideration of these two interrelated matters. {O\-  ЍWe may conduct our proceedings in such manner as will best conduce to the proper dispatch of business. See 47 U.S.C.  154(j).] We begin by examining the history of carriage of WGGNTV on Armstrong's cable system.  X|- 1. Historic Signal Carriage  XN-  19.` ` The record shows that WGGNTV has not historically been carried on Armstrong's   jcable system at issue here. We reject Christian's argument that absence of carriage should not   be considered significant in this case. Although WGGNTV has been on the air since the 1982,   yit has never been carried on Armstrong's cable systems serving the relevant communities. The   <Congress intended for a station's history of carriage prior to adoption of the 1992 Act to be given   /weight in the ADI modification process. The fact that WGGNTV has not historically been   carried on Armstrong's cable system serving the Communities is probative and, while not" D,N(N(ZZ"   decisional, will be taken into consideration as a factor in favor of the requested market modification.  X- 2. Station Audience in Communities Served by Cable System  X-  p20.` ` Not only has WGGNTV not been carried on Armstrong's cable system, the   \available audience viewing data shows no viewing of WGGNTV in any of the communities  X_-  Kserved by Armstrong's cable system. In fact, the Nielsen Station Index does not include WGGN XJ-  [TV in the listing of stations serving the counties of Ashland and Medina, Ohio.vJ {O -ԍSee Nielsen Station Index, County/Coverage Study, 1995, pp. 2790 & 2868.v The absence   of viewing of WGGNTV in Armstrong's service area is understandable, because WGGNTV's   Grade B contour does not reach the Communities, and WGGNTV and the relevant communities  X -  are, on average, approximately 50 miles apart.v Z {O-ԍSee Television and Cable Factbook, No. 63, TV Stations 1995 at p. A864.v The absence of any viewing of WGGNTV in   xthe Communities served by Armstrong's cable system also lends support for the requested market modification request.  X - 3. Programming Specifically For Communities Served by Cable System  X{-  P21.` ` Christian seeks credit for providing coverage of issues and events of interest and   concern to the Communities by the broadcast on WGGNTV of a one half hour program five   times weekly that originates at a church located in Ashland. Credit should also be given,   -according to Christian, for its programming that includes religious programming, which generates   calls to WGGNTV for prayer requests from viewers in the Ashland and Medina, Ohio areas.   While recognizing that some credit should be accorded to WGGNTV under this factor, we   believe that, on the record made here, that credit should be accorded only minimal weight. Aside   =from the one half hour broadcast of the programming from the church in Ashland, we find that   jChristian has failed to demonstrate that any significant amount of WGGNTV's programming is directed particularly toward the Communities.  X~- 4. Station Coverage of Communities Served by Cable System  XP-  22.` ` WGGNTV is located approximately 50 miles from the Communities, as noted   Nearlier, and provides a Grade B contour signal over only a very small part of the relevant  X"-  [communities.z" yO"-  <ԍApproximately 176 of Armstrong's 18,839 subscribers live in the communities of Troy and Sullivan, Ohio,   Zwhich are within the Grade B signal contour of WGGNTV. See Armstrong reply, p. 6. The fact that Armstrong   carries other stations located at greater distances from the Communities than is WGGNTV is not relevant to the   issue of whether the communities at issue are a part of WGGNTV's market, as claimed by Christian. The   Communities at issue here lie within the Grade B signal contour of each of the more distant stations mentioned by   Christian, and therefore those stations have local coverage. Those stations also have historically been carried on  {Oo'-Armstrong's cable system. See Armstrong's reply to opposition, p. 7. Whether actual service was provided to the communities was a matter in issue"". ,N(N(ZZ\"  X-  yin the proceeding leading to the earlier Bureau Order in which a carriage obligation was found.   This obligation, however, was contingent on the provision by Christian of additional equipment   that would assure delivery of an adequate WGGNTV signal. The record contains no indication   that Christian provided such additional equipment or now otherwise now provides actual overthe  air service to the communities in question. It appears, instead, that Christian elected to seek   Lapproval of an increase in power and tower height for WGGNTV. Christian argues that, when   kthose facilities are approved and become operational, WGGNTV's predicted Grade B signal   contour will cover Ashland and Medina, Ohio. However, Section 614(h)(1)(C)(iv) of the Act   jrequires the Commission to act on market modification petitions within a fixed period after their  X3-  xfiling.H3 yO -ԍ47 U.S.C.  534(h)(1)(C)(iv).H We believe that the statutory requirement for disposition of market modification petitions   requires us, in applying the four factor test in Section 614(h)(1)(C), to consider current   /circumstances affecting the relevant market, including existing station facilities, rather than possible future station facilities and circumstances.  X - B. Summary  X-  23.` ` Section 614(h)(1)(C) of the Communications Act requires the Commission to   include or exclude particular communities from a television station's market for the purpose of   assuring that a television is carried in the areas which it serves and which form its economic   market. We believe that the requested exclusion of the Communities served by Armstrong's   cable system from WGGNTV's television market will better effectuate the purposes of the must  Kcarry statutory provisions. In reaching this conclusion, we have considered the statutory factors   under which the value of WGGNTV to community localism is to be tested and found it to be   lacking. WGGNTV has no viewing presence in the Communities, which are located   approximately 50 miles from WGGNTV. The station has never been carried on the cable system   lin question, has no audience ratings in the Communities in question, offers only minimal   programming of general interest to the relevant Communities, and provides no significant overthe   0air signal coverage of the Communities. For the foregoing reasons, we find that grant of  X~-Armstrong's AS1/24/97ASpetition is in the public interest.  XP- C. The Petition for Reconsideration.  X"-  24.` ` Our decision to grant the market modification petition is dispositive of the petition   for reconsideration as well as the underlying mustcarry complaint. First, as a result of the   market modification order we issue herein, the Communities served by Armstrong's cable system   /are excluded from WGGNTV's television market, within the meaning of Section 614(h)(1)C)  X -  jof the Communications Act.D X yO$-ԍ47 U.S.C.  534(h)(1)(C).D Therefore, WGGNTV no longer qualifies as a "local commercial television station" for must carry purposes with respect to Armstrong's cable system. "" ,N(N(ZZ!"Ԍ X-  #25.` ` We note in addition that, as indicated above, WGGNTV's right to carriage under   the earlier decision was conditioned on its provision of a good quality signal at the cable system   headends involved. This it has not done. Nothing presented by Christian in response to the   petition for reconsideration requires us to reach a different result here, or supports a finding that  X-  WGGNTV is a "local" station within the meaning of Section 614(h)(1)N {O-ԍSee 47 U.S.C.  534(h)(1)(A).N entitling WGGNTV to carriage on Armstrong's cable system serving the Communities.  X_- VI. ORDER  X1-  26.` ` 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 on September 18, 1996 by Armstrong  X -Utilities, Inc. in File No. CSR4834A IS GRANTED .  X -  27.` ` IT IS FURTHER ORDERED that the Memorandum Opinion and Order, (DA  X -  =96395), released April 3, 1996 in File No. CSR 4631M, IS VACATED , and that the complaint  X-  ^filed November 28, 1995 in File No. CSR 4631M by Christian Faith Broadcast, Inc. IS  Xy-DISMISSED as moot.  XK-  28.` ` IT IS FURTHER ORDERED that the Petition for Reconsideration filed by  X4-Armstrong Utilities, Inc. IS DISMISSED .  X-  p29.` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules, 47 C.F.R. Section 0.321. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION  c"a   c"a  ` hp` hp` `  hh,William H. Johnson ` `  hh,Deputy Chief, Cable Services Bureau