WPC  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 <3|X I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)S/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""at the systems' headends. However, WFMZTV points out that the showings provided by   Suburban as part of its allegation of poor signal quality failed to include information to   [substantiate that the signal test measurements conducted by Suburban were done in a manner   zwhich complied with established Commission criteria. Moreover, WFMZTV maintains that   [Suburban fails to include any information regarding the height of the antennas used to receive   other UHF stations at either cable system headend and is vague about the height, gain, and type   \of antennas used in the tests. WFMZTV argues that the Commission's engineering criteria   requires that potential must carry signals be tested for reception by cable operators in the same   manner as currentlycarried signals. In any event, WFMZTV states that it will willingly provide,   \at its own expense, any equipment necessary to ensure a good quality signal at Suburban's   principal headends. WFMZTV concludes, therefore, that in view of the fact that Suburban's   zonly objection to carriage of its signal appears to be due to poor signal quality, a deficiency   =which WFMZTV states it has promised to correct, the Commission should order Suburban to carry the station.  X-  `3. ` ` In its opposition, Suburban states that after receiving WFMZTV's request for   carriage, it undertook signal strength measurements which indicated that the station's signal did   not meet Commission criteria. Suburban points out that while WFMZTV was provided with   ]these measurements it made no attempt to either contact Suburban to request additional   [information concerning the methodology used in the signal test measurements or to cooperate   .with Suburban in conducting further joint tests to determine if the station's signal deficiencies   jcould be remedied. Instead, it filed a complaint directly with the Commission. Suburban states   that it disagrees with WFMZTV's assumption that merely because it has offered to provide any   "reasonably necessary" equipment to ensure a good quality signal that it has fully met its statutory   obligations. Suburban argues that Section 614 of the Communications Act of 1934, as amended,   does not require cable operators to "employ extraordinary measures or specialized equipment  X -  when making measurements for stations that are not currently carried,"x  {O#-ԍClarification Order in MM Docket 92259, 8 FCC Rcd 4142 (1993) at note 11.x but only that systems use   good engineering practices when measuring a station's signal. Suburban states that it has done   <this. Further, Suburban argues that WFMZTV has not taken any concrete steps to overcome its   signal deficiency. Suburban also points out that WFMZTV has not attempted to introduce its   own signal strength tests or proffered any specialized equipment to establish that its signal does" B,N(N(ZZ"   .meet the criteria. Suburban argues that while it used good engineering practices in its original   signal tests, it nevertheless conducted new tests of WFMZTV's signal at both of its headends  X-  on January 16, 1997lX yOK-  yԍSuburban indicates that in the Bensalem headend test it used a Wavetek Fiber Sam and a Lindsay 10 LEZ  Y13/FMU antenna at a height of 110 feet while at the Wallingford headend it used a 5951A HP Analyzer, a 20" JVC TV/Monitor and a Lindsay 10LE213/FMU Search Antenna at a height of 208 feet.l which again found the signal to be inadequate. Therefore, Suburban argues   that as WFMZTV remains unable to deliver an adequate signal, the cable systems cannot be   deemed in violation of the rules and WFMZTV is not entitled to a carriage order since it has no real basis for its complaint.  X_-  P4. ` ` In reply, WFMZTV argues that the more recent test data submitted by Suburban   <is not only late filed, but similarly unpersuasive. WFMZTV maintains that the Lindsay antennas   used in the tests performed by Suburban are wideband antennas not typically used by cable   Loperators for the regular reception of UHF signals. Indeed, WFMZTV notes that the Lindsay   antenna, in particular, is illsuited to the reception of WFMZTV which operates on Channel 69,   at the upper extremity of the UHF band. WFMZTV points out that on other systems where the  X -  cable operator has claimed results similar to those of Suburban,  yOn-ԍThe systems WFMZTV references are located in Trenton, New Jersey and Philadelphia, Pennsylvania. the installation of a customcut   antenna and a preamplifier achieved a 40 dB improvement in its signal. WFMZTV argues that   it is evident that signal tests performed using the right equipment would produce a good quality   signal at Suburban's headends. WFMZTV asserts that, given the fact that it has offered to   provide the necessary equipment to achieve a good quality signal, it is entitled to carriage.   LFinally, WFMZTV argues that negotiations with Suburban over the conditions for carriage of   its signal were not necessary in light of its expressed willingness to provide the necessary   equipment. In any event, it maintains that Suburban's responses gave no suggestion that it was interested in such negotiations.  X-@ DISCUSSION ă  X-  5. ` ` We will grant WFMZTV's petition. According to 76.55(e) of the Commission's   yRules, commercial television broadcast stations, such as WFMZTV, are entitled to carriage on   cable systems located in the same Area of Dominant Influence (or "ADI"). WFMZTV is located   in the Philadelphia, Pennsylvania ADI, which is also where the communities served by Suburban   /are located. A review of Suburban's engineering study establishes that WFMZTV fails to   provide a good quality signal to Suburban's principal headends. However, we note that WFMZ  TV has offered to provide specialized equipment to Suburban to improve the station's signal.   WFMZTV maintains that with the use of specialized equipment, it can provide a signal to   Suburban's headends that is consistent with Commission criteria. Moreover, WFMZTV has   Kstated that it will bear the costs of installing such equipment to assure a good quality signal. The   yCommission has stated that amplifiers and other equipment may be employed to deliver a good  X -  quality signal to a cable system headend. The Commission, in the Must Carry Clarification" x,N(N(ZZ"  X-  Order,D yOy-ԍ8 FCC Rcd 4142, 4143 (1993).D after reemphasizing that it was the television station's obligation to bear the costs associated with delivering a good quality signal to the system's principal headend, stated: This may include improved antennas, increased tower height, microwave relay equipment, amplification equipment and tests that may be needed to determine whether the station's signal complies with the signal strength requirements. . . .   yWFMZTV, by committing to provide specialized equipment, satisfies its obligation to bear the   costs associated with delivering a good signal to Suburban's headends. Consequently, we shall   <order Suburban to carry WFMZTV's signal in the event that WFMZTV provides a good quality   signal employing the specialized equipment it has offered to install at Suburban's principal headends.  X -% ORDERING CLAUSES ă  X -  6. ` ` Accordingly, IT IS ORDERED that the petition filed December 30, 1996, by  X-  Maranatha Broadcasting Company, Inc. IS GRANTED pursuant to 614(d)(3) of the  X{-  LCommunications Act of 1934, as amended (4 U.S.C. 534). Suburban Cable IS ORDERED to   commence carriage of Station WFMZTV on its Aldan and Bensalem cable systems sixty (60)   days from the the date that WFMZTV provides a good quality signal at Suburban's Aldan and   Bensalem systems' principal headends. WFMZTV shall notify Suburban Cable in writing of its   carriage and channel position elections (76.56, 76.57, and 76.64(f) of the Commission's Rules)  X-within thirty (30) days of providing a good quality signal.  X-  7. ` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION  "B  ` `  hh,Gary M. Laden, Chief ` ` hh,Consumer Protection and Competition Division ` `  hh,Cable Services Bureau