WPC9 2MB%RK Z3|XTimes New RomanTimes New Roman Bold P6G;P"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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(-((((((((((---#J:55:2-:::2F::-:5-2::K::2%(#(#(#(((>((((((:((#&&++%(:#:#:#:#:#F45#2#2#2#2#:(:(:(:(:(:(:(:(:(:(:#:(:':(:(:(-(:#:#:#5#5#5+5#:22#2#2#2#:(:(:(:+:(:+:(((8-++:(22 222:(/:(:(:(:(F:555----+2"22%:(:(:(:(:(:(K::+2#2#2#:(2:(-2:(2((W888888888888888888888888888888888888888888888888xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN00%(#((((M(==(==(=##(P0P((N1=PP00/CC--P#(CP"5555==JPP(=P0.+(-N00P(256K0K2n#"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNprogramming specifically for the communities served by Time Warner Cable. WWTOTV's   failure to provide programming designed to serve the Communities in particular provides additional weight toward granting this market modification petition.  X7- C. Station Audience in Communities Served by Cable System  X -  14.` ` In addition to the fact that WWTOTV has not been carried on Time Warner   \Cable's cable system, the available audience viewing data shows at best minimal viewing of   WWTOTV in the Chicago, Illinois ADI. With respect to the subject communities served by  X -  =Time Warner Cable's cable system, we note that the Nielsen Station Index does not show any  X!-  audience for WWTOTV. In fact, the Nielsen Station Index does not include WWTOTV in the"! ,N(N(ZZ "  X-  xlisting of stations serving that market.q B {Oy-ԍSee Nielsen Station Index, County/Coverage Study, 1995, p. 830831.q The absence of viewership of WWTOTV's is consistent  X-  with the fact that its Grade B contour does not come close to reaching the Communities,vZB {O-ԍSee Television and Cable Factbook, No. 63, TV Stations 1995 at p. A379.v and  X-WWTOTV and the relevant communities are some 65 to 70 miles apart.?B yOo-ԍPetition, Attachment 2.?  X- D. Summary  Xv-  15.` ` 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   ensuring that a television station is carried in the areas which it serves and which form its   jeconomic market. We believe that the requested exclusion of the Communities served by Time   Warner Cable's cable system from WWTOTV's television market will better effectuate the   purposes of the mustcarry statutory provisions. In reaching this conclusion, we have considered   the statutory factors under which the value of WWTOTV to community localism is to be tested   and found it to be lacking. Local television guides in the Chicago, Illinois area contain no listing  X -  for WWTOTV.L |B yO-ԍPetition, Attachments 5A, 5B, and 6.L WWTOTV has at best a minimal viewing presence in the Chicago, ADI as   ?a whole, and the communities are located approximately 65 to 70 miles from WWTOTV.   Furthermore, the station has never been carried on the cable system in question, offers no   programming specifically for the relevant communities, and provides no overthe air signal   kcoverage of the Communities. For the foregoing reasons, we find that grant of Time Warner  XK-Cable's petition is in the public interest.  X- V. ORDER  X-  16.` ` 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 November 5, 1996 by Time Warner   Entertainment Advance/Newhouse Partnership, dba Time Warner Cable in File No. CSR 4863A  X- IS GRANTED .  Xe-  p_17.` ` 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,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VWilliam H. Johnson ` `  hh,VDeputy Chief, Cable Services Bureau_