WPC7 2MBERKZ3|j X-#XP\  P6Q9XP#"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""to comply with the mandatory signal carriage obligations;N  {O&-ԍSee 47 U.S.C.  534(b)(1)(B).N 2) the station is responsible for  X - xdelivering a good quality signal to the principal headend of the system;S 2  {O-ԍSee 47 U.S.C.  534(h)(1)(B)(iii).S 3) indemnification may  X - xbe required for any increase in copyright liability resulting from carriage;R  {O-ԍSee 47 U.S.C.  534(h)(1)(B)(ii).R and 4) the system  xoperator is not required to carry the signal of any station whose signal substantially duplicates  xthe signal of any other local signal carried or the signals of more than one local station affiliated  Xb- xiwith a particular broadcast network.K bV  {Oi-ԍSee 47 U.S.C.  534(b)(5).K If, pursuant to these requirements, a system operator elects  x to carry the signal of only a single affiliate of a broadcast network, it is obliged to carry the  xaffiliate from within the market whose city of license is closest to the principal headend of the  X-cable system.: yO#-ԍ8 FCC Rcd at 2981.: x"x,-(-(ZZF"Ԍ X- SUMMARY OF PLEADINGS ă  X- ` Ax4.` ` WNOL first notes that it is assigned to the New Orleans ADI, the same television  xmarket served by Charter's cable systems. WNOL then states that, on September 27, 1996, it  xnotified Charter of WNOL's election of mustcarry status on Charter's cable systems serving the  X- xCommunities.6 yO-ԍPetition at 2.6 WNOL further states that, on November 21, 1996, it sent a second request for  xKmandatory carriage to Charter. WNOL asserts that Charter failed to respond to WNOL's repeated  x attempts to seek mandatory carriage in violation of Section 76.61(a)(2) of the Commission's  XH- xrules.CHX yOQ -ԍ47 C.F.R.  76.61(a)(2).C WNOL alleges that, in further violation of the Commission's rules, Charter has not commenced carriage of WNOL's signal in the communities at issue.  X -( DISCUSSION ă  X - ` x5.` ` We will grant WNOL's carriage complaint against Charter. Section 614(a) of the  xAct states that each cable operator shall carry the signals of local commercial television stations.  xiA local commercial television station is defined as any full power broadcast television station that  X- xMis within the same television market as the cable system.M {O)-ԍSee 47 U.S.C. 534(h)(1)(A).M It is undisputed that WNOL and  xjCharter are located in the same ADI. A cable operator is required to carry the signals of a local  xcommercial station unless that station fails to deliver a good quality signal to the cable system's  xprincipal headend; the station's signal substantially duplicates the signal of another local  xycommercial station which is carried on the system; or the cable operator (with a system of more  x-than 12 usable activated channels) has already allocated up to onethird of the aggregate number  X- xkof its usable activated channels to other local commercial stations.z {O1-ԍSee Clarification Order, 8 FCC Rcd 4142 (1993). See also 47 U.S.C.  534(b)(5) and (b)(1)(B). Commission rules also  xrequire a local commercial station that believes that a cable operator has failed to meet its  X- x.carriage obligations to complain in writing to the operator.B  yO-ԍ47 C.F.R. 76.61(a)(1).B The cable operator must respond  xin writing to the station's complaint within 30 days of receipt. The operator must either  X- xcommence carriage of the signal, or explain its reasons for failing to do so. yO!- xԍ47 C.F.R. 76.61(a)(2). If a refusal for carriage is based on the station's distance from the cable system's  xprincipal headend, the operator's response shall include the location of such headend. If a cable operator denies  xcarriage on the basis of the failure of the station to deliver a good quality signal at the cable system's principal  xheadend, the cable operator must provide a list of equipment used to make the measurements, the point of  {O%-measurement and a list of the reception and overtheair signal processing equipment used.  Id. Ĭ If the Commission  xdetermines that a cable operator has failed to meet its mustcarry obligations, it may order an  xoperator to commence carriage of a station. In this case, Charter failed to respond within 30 days"|N ,-(-(ZZP"  xto WNOL's letters requesting carriage, as is required by Commission rules. Consequently, we will order Charter to carry WNOL.  X-  ORDER ING CLAUSES ă  X- ` Ax6.` ` Accordingly, IT IS ORDERED that, pursuant to  614 of the Communications Act  xAof 1934, as amended, 47 U.S.C. 534, and  76.61(a)(2), 47 C.F.R.  76.61(a)(2) of the  xCommission's rules, the Petition for Special Relief (CSR4886M) filed by Quincy Jones Broadcasting, Inc. IS GRANTED.  X - ` x7.` ` IT IS FURTHER ORDERED that Charter Communications, L.P. SHALL  x[COMMENCE CARRIAGE of the signal WNOL(TV) within sixty (60) days from the release date  xof this Order on its cable system serving Amite City, Bogalusa, Franklinton, Folsom, Hammond,  x=Independence, Pearl River (NW), Ponchatoula, Roseland, St. Tammany, Sun, Tangipahoa, and Tickfaw, Louisiana.  X- ` x8.` ` This action is taken pursuant to authority delegated by  0.321, 47 C.F.R.  0.321 of the Commission's rules. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hh x` `  hhGary M. Laden x` `  hhChief, Consumer Protection and Competition Division x` `  hhCable Services Bureau