WPC 2MB%RK Z3|jTimes 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 K<3|j"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$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdTimes New RomanTimes New Roman BoldTimes New Roman Italic P6G;\o!HP2 <pXK Times New RomanTimes New Roman BoldTimes New Roman Italicy.X80,IX\  P6G;P7jC:,+Xj\  P6G;XP7nC:,Xn4  pG;XW!@(#,9h@\  P6G;hPd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd X- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#Xj\  P6G;+XP#"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd8HH"&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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN} yOy-ԍ47 C.F.R. 76.61(a)(2).> According to MBC, CTEC has therefore denied  x/its request for carriage and MBC is filing this complaint within 60 days pursuant to Section  X- x76.7(b)(4)(iii)(A) of the rules.IX} yO-ԍ47 C.F.R. 76.7(b)(4)(iii)(A).I MBC argues that there is no reason why WFMZTV should not  x>be entitled to carriage on CTEC's cable systems. MBC contends that WFMZTV is a local  xcommercial television station in the same market as CTEC's cable systems; additional copyright  xlicense fees will not be incurred by CTEC for carriage of WFMZTV; fewer than onethird of  x the activated channels on the system are utilized for carriage of local commercial television  xsignals; MBC has not relinquished its right to claim carriage under the must carry rules; and  xMBC states that its complaint is timely filed. MBC also argues that carriage cannot be denied  xby CTEC even if WFMZTV did not provide, by direct, offair reception, a 45 dBm or better  xlsignal at the respective cable system principal headends because MBC has agreed to be responsible for the costs of delivering a good quality signal or a baseband video signal.  X - ` x3.` ` In opposition, CTEC argues that it has no record of ever having received WFMZ xjTV's must carry election which MBC states was sent on September 30, 1996. CTEC also notes  xthat the letter was not attached to the service copy of the complaint that it received. CTEC also  xyargues that MBC did not notify CTEC prior to submitting its complaint, as required by Section  Xy- xL76.61(a)(1) and Section 614(d)(1) of the Communications Act of 1934, as amended.\y} yO-ԍ47 C.F.R. 76.61(a)(1); 47 U.S.C. 534(d)(1).\ According  xto CTEC, it first became aware of MBC's desire for carriage when it received a copy of MBC's  xDecember 30, 1996 complaint. Finally, CTEC argues that MBC does not have any right to  xrequest must carry status for 29 of the 31 communities identified in its complaint because  xMWFMZTV is located in a different 1992 Area of Dominant Influence ("ADI") from those 29  xcommunities. (MBC lists 38 communities in the caption of its complaint). CTEC notes that it  xdoes not have separate franchise agreements with many of the communities listed in the caption  X- xof MBC's complaint. x} yO- xԍSpecifically, CTEC states that it does not have individual franchise agreements with: Annandale, Asbury, Belle  xMead, East Millstone, Flagtown, Franklin Park, Griggstown, Kingston, Neshanic, Neshanic Station, North Branch,  xPittstown, Princeton University, Ringoes, Skillman, Somerset, South Branch, South Somerville, Stanton, Three Bridges, Union Gap Village Whitehouse or Whitehouse Station. Instead, CTEC states that these communities are part of larger franchised  X- xymunicipalities.@` } yO!- xzԍCTEC lists these municipalities as follows: Bedminster Township, Bernardsville Borough (Somerset),  xBethlehem Township, Branchburg Township (Somerset), Chatham Township (Morris), Chester Borough, Chester  xZTownship, Clinton town, Clinton Township, Delaware Township (Hunterdon), East Amwell Township, Far Hills  x,(Morris), Flemington Borough, Franklin Township (Hunterdon), Franklin Township (Somerset), Harding Township  x(Morris), Hillsborough Township (Somerset), Lebanon Borough, Long Hill (Passaic) Township (Morris), Mendham  xBorough (Morris), Mendham Township (Morris), Millstone Borough (Somerset), Montgomery Township (Somerset),  xKPeapack & Gladstone Borough (Somerset), Princeton Borough (Mercer), Princeton Township (Mercer), Raritan Township, Readington Township, Rocky Hill Borough (Somerset), Tewksbury Township, and UnionTownship.  According to the list provided by CTEC, 29 of the 31 New Jersey communities"h,-(-(ZZq"  xlisted are located in the New York, New York 1992 ADI. According to CTEC, only Princeton  x>Borough and Princeton Township are located in the Philadelphia, Pennsylvania ADI where WFMZTV would arguably have must carry rights.  X- ` #x4.` ` In reply, MBC states that assuming the accuracy of CTEC's representation, that  xof all of the communities listed in its complaint, only Princeton Borough and Princeton Township  xare located in the Philadelphia ADI, it withdraws its request to seek must carry status outside of  X_- xLthe Philadelphia television market.6X_} yO- xԍMBC makes note that "absent a separate petition to modify the Philadelphia ADI," it withdraws its request to  xseek must carry status outside of the Philadelphia television market. To date, such a modification petition has not been filed. 6 With regard to CTEC's claim that it never properly served  xMBC's initial carriage request, MBS acknowledges that the service copy of MBC's complaint did  xnot include the attachments in dispute; however, MBC notes that its carriage request was mailed  X - xLon September 30, 1996, Certified MailReturn Receipt Requested and was delivered and signed  X - x/for by CTEC on October 2, 1996. Finally, MBC states that it seeks only the opportunity to  X - x[work cooperatively with CTEC and to deliver from WFMZTV a good quality signal,  } yO- xԍMBC has offered to install "`a customcut Channel 69 antenna and a Scala Model 80065/69 preamplifier and any other equipment reasonably necessary to achieve' a good quality signal." through  x]specialized equipment provided at its own expense, to Princeton Borough and Princeton Township.  X-( DISCUSSION  Xf- `  x5.` ` We will grant MBC's petition with respect to the communities of Princeton  x Borough and Princeton Township. According to Section 76.55 of the Commission's Rules,  x.commercial television broadcast stations, such as WFMZTV, are entitled to carriage on cable  xsystems located in the same Area of Dominant Influence (or "ADI"). It is now undisputed  xbetween the parties that only Princeton Borough and Princeton Township are located in the Philadelphia ADI.  X- ` Px6.` ` The 1992 Cable Act @} {O- x;ԍSee Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102385, 106 Stat. 1460 (1992).provides that a cable operator is not required to carry a local  xcommercial television station that does not deliver a good quality signal to the principal headend  X- xyof a cable system.H } yO"-ԍ47 U.S.C. 534(h)(1)(B)(iii).H Because the cable operator is in the best position to know whether a given  xstation is providing a good quality signal to the system's principal headend, we believe that the  xinitial burden of demonstrating the lack of a good quality signal appropriately falls on the cable  xioperator. In meeting this burden, the cable operator must show that it has used good engineering  xxpractices to measure the signal delivered to the headend. With respect to the standard to be used";* ,-(-(ZZ"  xyto determine what constitutes a good quality signal, the 1992 Cable Act adopted a standard for  x.determining the availability of VHF and UHF commercial stations at a cable system's headend:  xLfor VHF commercial television stations the standard is 49 dBm; for UHF commercial television stations the standard is 45 dBm.  X- ` x7.` ` In this instance, CTEC has made no showing with regard to WFMZTV's signal.  xyMoreover, MBC has stated that even if, arguably, WFMZTV did not provide, by direct, offair  xKreception, a 45 dBm or better signal at the respective cable system headends, MBC would accept  xthe responsibility for the costs associated with delivering a good quality signal. Because MBC  xhas promised to supply, at its expense, all of the equipment necessary for delivery of a good  x=quality signal to CTEC's cable system's principal headends, we believe that MBC has meet its  X - xburden under the rules.K  } {O| -ԍSee 47 C.F.R.76.55(c)(3).K We therefore find that WFMZTV is a qualified UHF station that is entitled to carriage on CTEC's cable system.  X -  ORDERING CLAUSES  X- `  x8.` ` Accordingly, IT IS ORDERED that the petition filed by Maranatha Broadcasting  Xy- xCompany, Inc. IS GRANTED with respect to the communities of Princeton Borough and  Xb- xPrinceton Township and IS DENIED with respect to all other captioned communities, pursuant  xto Section 614 of the Communications Act of 1934, as amended (4 U.S.C. 534), and CTEC  X4- xCable Systems IS ORDERED to commence carriage of Station WFMZTV within sixty (60) days of the release date of this Order.  X- ` x9.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules.  "e]  x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhGary M. Laden, Chief x` `  hhConsumer Protection and Competition Division x` `  hhCable Services Bureau