WPC; 2MB%RK<3|XTimes New RomanTimes New Roman BoldP\  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""Santa MariaSan Luis Obispo, California ADI, or in Ventura County, which is KSTV's home  xLcounty. KSTV states that it qualifies for mandatory carriage on the cable systems in question, and does not understand why Falcon, SSCC, and Sonic refuse to carry the station.  X- ` x4.` ` Sonic argues in opposition to KSTV that the station fails to deliver an adequate  X- xsignal to Sonic's headend. Sonic notes that KSTV initially sought carriage on Sonic's system  xin midFebruary 1996, at which time Sonic conducted tests of KSTV's signal strength. Sonic  xsubmits signal test results from February 27, March 14, and March 15, 1996, which show that  x KSTV's signal strength was 54.95 dBm or worse, which is less than the statutory minimum  xsignal strength of 45 dBm to qualify for mustcarry status. Sonic states that KSTV has never rebutted this showing. Sonic contends, therefore, that KSTV's complaint should be rejected.  X - ` Px5.` ` KSTV contends in reply that Sonic should not be allowed to rely upon signal test  xdata that is a year old. KSTV further notes that Sonic has terminated KSTV's access to a  x/microwave transmission link owned by Sonic affiliate SFC Transmissions ("SFC") effective  xLMarch 1, 1997. KSTV states that it has been renting this link for a number of years to feed the  xstation's signal to various cable systems, and suggests that this action is in reprisal for KSTV's request for carriage on Sonic's system.  XK- ANALYSIS AND DECISION TP  X- ` x6.` ` Falcon has not opposed KSTV's carriage complaint. SSCC, in a latefiled  X- xLpleading,H  {O-ԍ See note 2, supra.H provides no evidence to warrant denial of KSTV's complaint. With respect to these systems, therefore, KSTV's complaint will be granted.  X- ` x7.` ` With respect to Sonic's system, however, we will deny KSTV's complaint.  xSonic's March 1996 signal strength tests were conducted in accordance with accepted practices,  xzand KSTV has submitted no evidence to rebut these showings, or that KSTV has taken any  xparticular steps to improve its signal strength at Sonic's principal headend. Although KSTV  xstates that it "was prepared to consider taking engineering actions to improve [its] signal  xkstrength," this neither rebuts Sonic's showing nor constitutes a guarantee to bear the costs  xjnecessary to provide an adequate signal to Sonic's headend. Should KSTV arrange to provide  xa good quality signal using specialized equipment, Sonic would then be required to carry the  xstation's signal. With regard to SFC's termination of KSTV's access, we note that SFC's letter  xwhich KSTV has submitted states that SFC needs the frequency and path for expansion. In any event, Sonic is under no Commission obligation to provide KSTV with microwave service.  X!- ` x8.` ` Rights under the mandatory carriage provisions of the Communications Act are  xnot dependent on the filing of a complaint or prior administrative action by the Commission.  xLAccordingly, the action taken herein is without prejudice to any additional enforcement action that the Commission may take. "h$Z ,N(N(ZZF#"Ԍ X-ԙ  ORDERING CLAUSES TP  X- ` x9.` ` Accordingly, IT IS ORDERED , that the motion to accept filed March 27, 1997  X-by San Simeon Community Cable Inc. IS DENIED .  X- ` #x10.` ` IT IS FURTHER ORDERED , pursuant to Section 614 of the Communications  xAct of 1934, as amended (47 U.S.C. 534), that the complaint (CSR4900M) filed on December  X_- x=30, 1996, by Costa de Oro Television, Inc. IS GRANTED to the extent indicated at paragraph  XH- x6, supra, and in all other respects IS DENIED . Falcon Cablevision and San Simeon Community  X3- xCable Inc. ARE ORDERED to commence carriage of Station KSTV within sixty (60) days of the release date of this opinion.  X - ` x11.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. "l  x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhGary M. Laden x` `  hhChief, Consumer Protection and Competition Division x` `  hhCable Services Bureau