WPC& 2MBVRKZ3|w7jC:,9Xj\  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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP4Si (Additional); Rm. 907_1; LPT2HPLA4SAD.PRSXj\  P6G;\! EXP2> K Z3|w"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""/>/>/>/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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNcarriage in Knox County. Priority maintains that if such blockage is not possible, that is no excuse for refusing carriage in Loudon County.  X-x` `  hh DISCUSSION  Xv- `  x7.` ` Both the Communications Act of 1934, as amended, and the Commission's rules  X_- xrequire the carriage of "qualified" LPTV stations in certain limited circumstances.+_~ yO-ԍId.+ An LPTV  xLstation that conforms to the rules established for LPTV stations in Part 74 of the Commission's  xrules will be considered "qualified" only if: 1) it broadcasts for at least the minimum number of  xhours of operation required under 47 C.F.R. Part 73; 2) it adheres to Commission requirements  xregarding nonentertainment programming and employment practices and the Commission  x@determines that the programming by the LPTV station would address local news and  x.informational needs which are not being adequately served by full power television broadcast  xstations because of geographic distance of such full power stations from the low power station's  xcommunity of license; 3) it complies with interference regulations consistent with its secondary  xstatus; 4) it is located no more than 35 miles from the cable system's headend and delivers to the  xMprincipal headend an overtheair signal of good quality; 5) the community of license of the  xstation and the franchise area of the cable system are both located outside the largest 160  xMetropolitan Statistical Areas, and the population of such community; and 6) there is no full  xKpower television broadcast station licensed to any community within the county or other political subdivision served by the cable system.  X- ` x8.` ` We shall grant Priority's petition. InterMedia concedes that it receives an  xadequate signal from W38AQ and provides no engineering data to the contrary. Though  xInterMedia claims that Priority has not presented evidence to demonstrate that it meets its local  xxnews and information needs that are adequately served by full power stations, Priority, in its reply  xto InterMedia's Opposition, submits an affidavit from the President of Priority Communications that establishes that it complies with all of the Commission's obligations.  XN- ` $x9.` ` In its affidavit, Priority asserts that it provides a level of service to the subject  x=communities not met by the local full power stations. In this regard, it notes that it broadcasts  xlocal news Monday through Friday at noon and six P.M. each week. The affidavit also points  xout that it televises local high school sporting events such as basketball and football as well as  x?local religious programming on Sunday. Priority also televises local city events such as  xThanksgiving day and Christmas parades. In view of the above, we believe that Priority has  x.established that it provides a level of local programming not matched by other local full power stations.  X#- ` Px10.` ` Finally, we find InterMedia's argument unpersuasive that W38AQ is not qualified  xfor mustcarry status throughout InterMedia's system because there is a full power television"h$X,-(-(ZZF#"  xbroadcast station licensed within a county served by one portion of InterMedia's system. The  x\Commission specifically addressed this question in adopting the implementing rules for the  x.mandatory signal carriage requirements of the Communications Act of 1934, as amended. The  xLCommission's rules held that for the exclusion to be applicable a full power station would have  xto be colocated in the same county as the subject low power station. W38AQ's city of license xLenoir Cityis located in Loudon County. No full power station is licensed to Loudon County.  xAccordingly, Priority has demonstrated W38AQ's right to mandatory carriage throughout  x.InterMedia's system. In view of the foregoing, we find that grant of Priority's petition is in the public interest.  X -  ORDERING CLAUSES ă  X - ` x11.` ` Accordingly, IT IS ORDERED, That the Complaint filed December 4, 1996, by  X - x|Priority Communications Group IS GRANTED in accordance with 614(d) (3) of the  xCommunications Act of 1934 , as amended (47 U.S.C. 534(d)(3). W38AQ shall notify Priority  xCommunications in writing of its carriage and channel position elections (76.56, 76.57, and  X-76.64(f) of the Commission's Rules) within thirty (30) days of the release date of this Order.  Xd- ` 1x12.` ` IT IS FURTHER ORDERED, That InterMedia Partners SHALL COMMENCE  XM- xCARRIAGE of the signal of W38AQ sixty (60) days from the release date of this Order on InterMedia's cable system serving Lenoir City, Tennessee and surrounding areas.  X - ` x13.` ` These actions are taken pursuant to authority delegated by 0.321 of the Commission's Rules. x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  Gary M. Laden, Chief x` `  Consumer Protection and Competition Division "L  x` `  Cable Services Bureau "L