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""was electing mustcarry status, rather than retransmission consent, and that it would begin  xoperations in the near future. Since it received no response, KINZ sent Buford two more letters  x?dated January 6, 1997, and January 7, 1997, seeking a written commitment to its carriage.  xBuford responded by letter dated January 21, 1997, stating that it would conduct signal tests and  xasking to be notified when KINZ went on the air. During a telephone discussion on January 23,  x]1997, KINZ's counsel notified Buford's vice president that the station had begun regular  xKbroadcast operation on January 17, 1997. Buford requested information concerning KINZ's tower  x<location and its signal contour map, which the station provided. By letter dated January 29, 1997,  xKINZ invited Buford to contact the station's engineer if the system needed any assistance or more  xinformation in conducting its signal tests. However, KINZ states that it has heard nothing more from Buford and that the system is not carrying its signal. "% ,))ZZ$"Ԍ  ԙx3. In response, Buford contends that it initially had difficulty identifying the  xcommunities in which KINZ seeks carriage because the station did not use FCC Code Numbers.  xBuford also claims that it was initially difficult to measure KINZ's signal because the station was  xofftheair periodically in the beginning, and " . . . Buford's technicians did not want to climb  xits tall towers (in the middle of the winter) only to find the signal missing." Buford adds that  xmany of the communities are located beyond KINZ's Grade B contour, and that it intends to file  xya market modification petition to the extent that KINZ's signal strength meets FCC standards in  xany of the communities. Therefore, Buford requests that the Commission delay any decision in this case until it can review both petitions.  X -   x4. In reply, KINZ notes that Buford has not filed an ADI modification petition or  xprovided any engineering data in support of its claim that KINZ's signal may not be adequate in  X - xsome areas. Moreover, citing the Bureau's prior decision in Cablevision Systems Corporation, E H7 yOe -ԍ11 FCC Rcd 2362, 2367 (1995).E  x[KINZ states that it will " . . . provide Buford with any specialized equipment necessary in order  xkto upgrade its signal." KINZ maintains, therefore, that it is entitled to immediate grant of its carriage request.  X{-( DISCUSSION ă   x5. We agree with KINZ and will not delay consideration of its petition pending receipt  xof an ADI petition that Buford may file at some time in the as yet unspecified future. We also  x]note that Buford's allegations concerning KINZ's signal quality cannot be accorded any  xsignificance since they are as yet unsubstantiated. According to 76.55(e) of the Commission's  xRules, the market of a commercial television broadcast station, such as KINZ, is defined as its  xyArea of Dominant Influence (or "ADI"). A commercial station is entitled to request carriage on  xany cable system operating in that ADI, whether it places a Grade B contour over the community  xof the system or not. 47 C.F.R. 76.56(b). Although prior to the instant pleadings, Buford never  xclearly indicated a refusal to carry KINZ, the station's last contact with Buford about its carriage  xLwas in a letter dated January 29, 1997, to which Buford never responded. Subsequently, KINZ  xtimely filed its complaint within sixty days thereafter, as provided by 76.7(c)(4)(iii)(B) of the  XP- x=Commission's Rules.YPXH7 {OY-ԍSee Cablevision Systems Corporation, supra.Y KINZ is currently assigned to the DallasFort Worth, Texas ADI, which  x=is also where the designated Texas cable communities are located. Therefore, KINZ is entitled to mandatory carriage on the cable systems serving the fifteen communities noted.  X-  ORDERING CLAUSES  X-   x6. Accordingly, IT IS ORDERED, that the "Complaint" (CSR4958M), filed March  x\10, 1997, by United Broadcast Group II, Inc., licensee of Television Broadcast Station KINZ  x(Channel 68), Arlington, Texas, IS GRANTED in accordance with 614 (d)(3) of the"",N(N(ZZ!"  x]Communications Act of 1934, as amended (47 U.S.C. 534) and 47 C.F.R. 76.56(b).   "x7. IT IS FURTHER ORDERED, that KINZ shall notify the relevant cable systems in  xzwriting of its channel position election (76.57 of the Commission's Rules), within thirty (30)  X-days of the release date of this Memorandum Opinion and Order.   ox8. IT IS FURTHER ORDERED, that the affected cable systems shall come into  xcompliance with the applicable rules within sixty (60) days of such notification.   0x9. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. pX` hp x (#%'0*,.8135@8: