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S- M;BACKGROUND  S-  S-  2. ` ` Pursuant to 614 of the Communications Act and implementing rules adopted by the  Sp-  Commission in its Report and Order in MM Docket 92259,Kp yO%-ԍ 8 FCC Rcd 2965, 29762977 (1993).K commercial television broadcast stations are   entitled to assert mandatory carriage rights on cable systems located within the station's market. A   station's market for this purpose is its "area of dominant influence," or ADI, as defined by the Arbitron""d ,))IIw"  S-  audience research organization., yOh-  ԍ Section 76.55(e) of the Commission's Rules provides that the ADIs to be used for purposes of the initial  {O0-implementation of the mandatory carriage rules are those published in Arbitron's 19911992 Television Market Guide., An ADI is a geographic market designation that defines each television   market exclusive of others, based on measured viewing patterns. Essentially, each county in the United   >States is allocated to a market based on which homemarket stations receive a preponderance of total   viewing hours in the county. For purposes of this calculation, both overtheair and cable television  S`-viewing are included.$`" yO"-  ԍ Because of the topography involved, certain counties are divided into more than one sampling unit. Also, in   certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {O -  preponderance of the audience in that county. For a more complete description of how counties are allocated, see  {O| -Arbitron's Description of Methodology.  S-  ~3. ` ` Under the Act, however, the Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) provides that the Commission may: with respect to a particular television broadcast station, include additional communities within its television market or exclude communities from such station's television market to better effectuate the purposes of this section. In considering such requests, the Act provides that: the Commission shall afford particular attention to the value of localism by taking into account such factors as (I) whether the station, or other stations located in the same area, have been historically carried on the cable system or systems within such community; (II) whether the television station provides coverage or other local service to such community; (III) whether any other television station that is eligible to be carried by a cable system in such community in fulfillment of the requirements of this section provides new coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and (IV) evidence of viewing patterns in cable and noncable households within the  S-areas served by the cable system or systems in such community. yO#-ԍ Communications Act of 1934, as amended, 614(h)(1)(C)(ii), 47 U.S.C. 534(h)(1)(C)(ii).  S-4. ` ` The legislative history of this provision indicates that: where the presumption in favor of ADI carriage would result in cable subscribers"`,_(_(II"Ԍlosing access to local stations because they are outside the ADI in which a local cable system operates, the FCC may make an adjustment to include or exclude particular communities from a television station's market consistent with Congress' objective to ensure that television stations be carried in the areas in which they serve and which form their economic market.  S-X` hp x (#%'0*,.8135@8: p yO -ԍ 47 C.F.R. 76.59.>  S -  MODIFICATION ARGUMENTS ă  S -  3"iP "iP  "iP 8. ` ` In support of its request, Suburban argues that WFMZTV cannot be considered local   under the market modification criteria and should not be required to be carried on Suburban's systems.   ySuburban states initially that signal quality tests which it has performed on WFMZTV's signal indicates  SX-  that the station fails to meet the Commission's criteria for a good quality signal. Xx yOp-ԍ Suburban states that this issue was discussed more fully in the associated must carry complaints. Secondly, Suburban   states that not only has WFMZTV never been carried on any of the instant cable systems, despite being  S-  =ontheair for over twenty years,  yO-  ԍ Suburban states that it is not specifically targeting WFMZTV in this regard as it also does not carry Station WBPHTV (Ind., Ch. 60), Bethlehem, Pennsylvania, which broadcasts from the same exact location as WFMZTV. but it is also not carried by several other area cable systems.SX`  yO-  ԍ These systems include: Garden State Cablevision (Cherry Hill, NJ); TKR Cable of Delaware Valley (South   Gloucester City, NJ); Comcast Cable Communications (Willingboro, NJ); and a significant portion of the Adelphia Communications Corporation system (Lansdale, PA).S Third,   Suburban states that WFMZTV is geographically remote from the communities in question, with the   yclosest system headend (Bensalem, PA) an average of 40.53 miles from WFMZTV's transmitter and the  S-  farthest (Turnersville, NJ), 61.36 miles away.  yO -  ԍ The average distances for the Coatesville and Delaware County systems are 42.23 miles and 48.82 miles, respectively. Suburban argues that these distances are comparable to   the geographic distances of 40 to 75 miles encountered in cases where the Bureau granted similar  S@-  exclusion requests.@ {O$-  ԍ See Cablevision Systems Corporation, 11 FCC Rcd 6453 (1996); Time Warner Cable, 11 FCC Rcd 13149  {O%-(1996); and Frederick Cablevision, Inc. and C/R TV Cable, Inc., 11 FCC Rcd 4242 (1996). Moreover, except for the Bensalem system communities, Suburban indicates that its"@4,_(_(IIr"  S-  communities are entirely outside WFMZTV's Grade B contour.  yOh-  ԍ Suburban points out that on May 15, 1996, WFMZTV applied for a construction permit (File No. BMPCT  960515KE) to modify its facilities by increasing the operating power of the station, a move which would increase   its predicted Grade B contour. Suburban maintains, however, that the proposed increase will not affect the current proceeding. Further, Suburban states that WFMZ  MTV fails to provide any programming which  "iR serves the needs and local interests of its subscribers. It   argues that WFMZTV primarily broadcasts syndicated, religious and paid programming and concentrates   specifically on Lehigh Valley, Pennsylvania news. Suburban maintains that none of this programming   has any particular nexus to its systems' communities. In any event, Suburban indicates that numerous   Lother stations carried by its systems provide extensive local programming which is geared specifically to  S-  its subscribers.r yO` -  ԍ Suburban indicates that all of the following stations are carried on its four systems: KYWTV (CBS), WCAU   w(NBC), WPHLTV (WB), WPSG (UPN), WPVITV (ABC), and WTXF (FOX), all Philadelphia, Pennsylvania; PEG   Channels; and the Weather Channel. In addition, its Coatesville system carries WGAL (NBC), Lancaster,   Pennsylvania; its Delaware County system carries WGTW (Ind.), Burlington, New Jersey; and its Turnersville system carries WNJNTV (PBS), Montclair, New Jersey and WWAC (Ind.), Atlantic City, New Jersey.r Also, Suburban states that A.C. Nielsen records no viewership for WFMZTV in any   of the subject counties except Bucks County, Pennsylvania. Even in that county, however, Suburban   points out that WFMZTV's viewership is "less than onehalf of one percent of the viewing" in the county   and only during 3 1/2 hours of a 168 hour week. Suburban contrasts this to Bucks County stations which  Sp-  deliver an average 11% share for the SundaySaturday 7 a.m. to 1 a.m daypart.yp`  yOp-ԍ Suburban states that WFMZTV's ratings during this same period are nonexistent.y Finally, Suburban argues   ythat not only is WFMZTV not considered to be significantly viewed in any of the counties in which the   jcommunities are located but it is not listed in either the local papers serving these same communities, nor  S -  the Philadelphia, Pennsylvania edition of TV Guide. In view of the above, Suburban concludes that its petition for modification should be granted.  S -  9. ` ` WFMZTV argues in opposition that Suburban's arguments are circular, based on   inaccurate information, not supported by the facts and reach inaccurate conclusions. It maintains that the   {must carry regulations serve in helping to preserve the benefits of free, overtheair television, and   promote wide dissemination of information and fair competition. WFMZTV states that the Supreme  S-  Court, in affirming the must carry regulations,t  {Or-ԍ See Turner Broadcasting System, Inc. v. FCC, 117 S. Ct. 1174 (1997).t found that independent local broadcasters, such as   =WFMZTV, were the most likely stations to be discriminated against. WFMZTV argues that although   the Bureau has used the market modification criteria to allow the exclusion of stations from their home   markets, it is evident that Congress intended for these factors to be used, for the most part, to include   communities served by a particular station, and thus not disrupt established viewing patterns. WFMZTV   Mmaintains that the purposes of 614 of the Act would be better served in the instant case by denying   Suburban's request, particularly as a grant would deprive WFMZTV access to Suburban's approximately   900,000 subscribers (out of the 2.6 million cable subscribers in the Philadelphia ADI). With regard to   the criteria, WFMZTV states that, until substantial improvement in its facilities, and passage of the 1994  Sz-  >Satellite Home Viewer Act,Nz  yO&-ԍ P.L. 103369, 108 Stat. 3477 (1994).N Suburban had no legally enforceable obligation to carry its signal. Since   that time, WFMZTV points out that it has been added to cable systems totalling more than 500,000 cable"R,_(_(II"  S-  homes, many of which are adjacent to Suburban's systems.  yOh-  ԍ These systems include all three cable systems in Philadelphia (which are adjacent to Bucks and Delaware   Counties); Adelphia Communications' Lansdale system (Bucks County); Harron Communications' Malvern and   Kennett Square system (Chester and Delaware Counties); and Adelphia's Broomall, Haverford, and Radnor systems (Delaware County). Indeed, WFMZTV states, the only cable   Nsystems in Bucks, Chester and Delaware Counties not carrying its signal are Suburban's systems.   Therefore, WFMZTV argues that its lack of historic carriage should not now affect its must carry rights.   In addition, WFMZTV maintains that it provides a Grade B or better signal to many of the communities  S`-  /at issue.` yO -  wԍ WFMZTV indicates with respect to the Bensalem system that the community of Warminster is encompassed   Zby its Grade A contour, while all of the remaining communities, except Tullytown, are encompassed by its Grade   JB contour. WFMZTV points out that, currently, Tullytown is only 2.5 miles beyond the Grade B contour and that   once the increase in its facilities is completed it will within the new Grade B contour. WFMZTV notes that its   xcurrent Grade B contour encompasses 10 of the Coatesville system's 27 listed communities, and the station's new   ,Grade B contour will encompass 2 more communities. Of the remaining communities, 3 are less than onehalf mile   from the present Grade B contour, 8 are between 2.6 and 4.9 miles and the remaining 5 are as much as 5 miles   beyond the Grade B. With respect to the Delaware County system, WFMZTV states that 6 communities, which   are currently less than 2 miles from WFMZTV's Grade B contour, will be within the Grade B contour after the   Ystation's upgrade. An additional 10 communities are within 5 miles, which will shrink to 2.1 miles after the upgrade; only 7 remaining communities will be as much as 5 miles beyond the Grade B contour after upgrade is completed. In any event, WFMZTV argues that its failure to place a Grade B contour over all of the  S8-communities is not by itself dispositive.8 {O-  ԍ See Ventura County Cablevision, DA 951829 (released August 23, 1995), and Time Warner Cable, DA 96148 (released March 4, 1996).  S-  10. ` ` WFMZTV argues further that Suburban's petition completely mischaracterizes its station's   ]news and informational programming as a parochial "Lehigh Valley" service. It maintains that the   programming it provides is of direct interest to the instant communities as it provides an independent news   voice for all of Lehigh Valley, western New Jersey, Philadelphia, the rest of southeastern Pennsylvania,  SH -  and Philadelphia's New Jersey suburbs. Not only does it provide five live, local daily newscasts, H j yOR-  ԍ WFMZTV provides MondayFriday the following newscasts: 6:00 a.m. (one hour); noon (15 minutes); 5:00 p.m. (30 minutes); 7:00 p.m. (30 minutes); and 10:00 p.m. (30 minutes with a taped rebroadcast at 1:00 a.m.).  but  S -  LWFMZTV states that it provides substantial coverage of news stories regarding the affected counties,   yO-  ,ԍ WFMZTV states that from January 1996 through March 1997, it broadcast approximately 729 news stories   Jregarding Bucks County, PA; 133 news stories regarding Chester County, PA; 71 stories regarding Delaware County,   PA; 4 stories concerning the City of Camden, NJ or Camden County, NJ; and 16 stories concerning Gloucester County, NJ.   .statewide Pennsylvania and New Jersey news, and public affairs programming. WFMZTV argues that   =while Suburban provides examples of news coverage by five Philadelphia stations, it does not show that   such coverage is so unique or exhaustive that there is no public interest in providing its subscribers with   additional programming from another source. In any event, WFMZTV states that the fact that a few   =other stations carried by Suburban do provide coverage and service to the communities does not warrant  S0-  jgrant of Suburban's request.W0 {Oz'-ԍ See Time Warner Cable, supra, at n. 32.W Finally, with respect to viewing patterns, WFMZTV points out that due"0<,_(_(II"   to the fact that its signal has never been carried on Suburban's systems, and that each of the counties in  S-  which Suburban operates is heavily cabled, yO@-  <ԍ WFMZTV notes that the reported cable penetration rate for Bucks County is 76%; for Delaware County 75%; Chester County 72%; Camden County 79%; Gloucester County 82%; and Atlantic County 96%. the viewership criteria should have no more importance than the historic carriage factor.  S`-  11. ` ` In reply, Suburban states that its petition fully demonstrates the appropriateness of   excluding its systems' communities from a must carry obligation with regard to WFMZTV as the station   fails to meet the modification criteria. Suburban argues that WFMZTV's skewed interpretation of   Congress' intent in adopting 614 is incorrect and misleading. Suburban states that WFMZTV overlooks   Congress' mandate that a cable system can be "so far removed from [a] station that it cannot be deemed  S-  part of the station's market."_  {OX -ԍ See H.R. Rep. No. 628, 102d Cong., 2d Sess. 97._ In addition, although WFMZTV attempts to rationalize its lack of historic   carriage by claiming that "until the recent legislation" it had no enforceable must carry rights, Suburban   points out that the 1992 Cable Act has been in force over 5 years and the amendment to the Copyright   Act over 3 years. Therefore, it states, WFMZTV has had substantial opportunity to enforce its must carry   rights for several years. Suburban maintains, however, that the reasons WFMZTV has never been carried   yhave more to do with the fact that the station has never been able to deliver a viewable signal, that it does   not provide locallyoriented programming, and there has been no subscriber interest in obtaining the   station. Suburban argues further that, despite WFMZTV's assertions in claiming to be a regional news   >station, the fact remains that, in actuality, over the 65 week period in which WFMZTV detailed the   number of news stories covering the relevant counties, the station only provided about two stories a week   regarding Chester County, one story a week regarding Delaware County, and less than one story every   three weeks regarding Atlantic, Camden and Gloucester Counties. Finally, Suburban points out that   although WFMZTV questions the use of countywide data in determining its station's viewership, it fails to produce any communityspecific data to refute the lack of viewership found.  S@-  DISCUSSION AND ANALYSIS ă  S-  412. ` ` We turn first to Suburban's market modification petition, to determine whether the   communities served by Suburban's four cable systems should be removed from WFMZTV's ADI. A   resolution of this matter will determine whether WFMZTV is eligible to claim carriage rights in these communities.  S(-  13. ` ` Based on our analysis of the evidence relating to the four statutory and other relevant   =factors, Suburban's petition will be granted in part and denied in part. Philadelphia is the nation's fourth   largest populous market in terms of population. It is a large market in terms of geographic area, stretching   from Northampton County in the north to Atlantic City and into Delaware in the south. Allentown is   some 45 miles to the north of Philadelphia. The cable communities involved are in the New Jersey   [counties of Atlantic, Camden and Gloucester, which are located across the Delaware River from the City   ]of Philadelphia, and the Pennsylvania counties of Bucks, Chester, Delaware and Lancaster, which   immediately surround Philadelphia. WFMZTV, licensed to Allentown, Pennsylvania, began operation   in 1976 and broadcasts on channel 69 from a transmitter located in Allentown. The cable communities are approximately 40 to 80 miles from the station. "",_(_(II'$"Ԍ S- A. Historic Signal Carriage  S-  14. ` ` Statutory factor one is "whether the station, or other stations located in the same area, have   been historically carried on the cable system or systems within such community." WFMZTV has no   Mhistory of carriage in the cable communities in question. WFMZTV is not a station of recent origin,   having commenced operations more than 20 years ago. Nor, with one exception, are other stations carried   from the same general area (Allentown) to which this station is licensed. Suburban's Delaware County   system does carry the signal of another Allentown station, noncommercial educational station WLTVTV, which broadcasts from the same tower as does WFMZTV.  Sp-  15. ` ` Carriage on nearby cable systems is not a factor specified in the statute, but it does seem   likely, depending on the specific circumstances involved, that carriage on nearby systems could serve as  S -  jevidence to define the logical scope of a station's market.n  {O -ԍ Fouce Amusement Enterprises, Inc., 10 FCC Rcd 668, 671 (1995).n Such carriage serves to demonstrate the belief   [of both the stations and systems involved that there is a market nexus between the broadcast station and   the communities where the station is carried and thus provide evidence as to the scope of a station's   market. The signal of WFMZTV is carried in the City of Philadelphia, which is relatively close to Suburban's Pennsylvania cable system communities, and in Trenton, New Jersey.  S0- B. Station Coverage of Communities  S-  Q16. ` ` Statutory factor two is "whether the television station provides coverage or other local  S-  service to such community." With respect to coverage, the Commission has stated in its Report and Order  S-  in MM Docket 92259, supra, that "to show that the station provides coverage or other local service to   the cable communities, parties may demonstrate that the station places at least a Grade B coverage contour  SD-  Mover the cable community or is located close to the community in terms of mileage."ADZ yO>-ԍ 8 FCC Rcd at 29762977.A There are four   <separate Suburban systems at issue herein. With respect to Bensalem, Pennsylvania, WFMZTV currently   Lprovides Grade B service to 5 of the 7 system communities and Grade A service to one community. An   Lapplication is pending that will extend the station's Grade B service area to include the remaining system  S-  community.M  {O.-ԍ See footnote 17, supra.M With respect to Coatesville, Pennsylvania, WFMZTV currently provides Grade B service   to 10 of the 35 system communities. The station's pending application will extend the station's Grade   B service area to include an additional 3 communities, while a number (but not all) of the remaining   Ocommunities involved will be on the fringe of the contour. With respect to Delaware County,   Pennsylvania, WFMZTV does not currently provide Grade B service to any of the 40 cable communities   of this system. The station's pending application, however, will extend the station's Grade B service area   zto include 6 of the communities, while a number of the remaining communities involved will be on the   =fringe of the contour. Finally, with respect to Turnersville, New Jersey, WFMZTV does not currently   provide Grade B service to the 7 cable communities of this system, nor are any of the communities on   the fringes of the Grade B contour. This status will remain unchanged even after the extension of WFMZTV's Grade B contour.  S!-  17. ` ` With respect to programming service, Suburban alleges that there is no significant amount"!| ,_(_(IIU#"   of programming from the station that is specifically targeted to the cable communities involved. There   Lis evidence from the station, however, that it broadcasts material directed toward Pennsylvania and New   Jersey viewers, including stories specific to Bucks, Chester, and Delaware Counties, Pennsylvania, and to Camden and Gloucester Counties, New Jersey.  S8-  C. Coverage of News, Sporting Events, or Other Events of Interest by Other Stations  S-Entitled to Carriage  S-  18. ` ` Statutory factor three is "whether any other television station that is eligible to be carried   zby a cable system in such community in fulfillment of the requirements of this section provides news   coverage of issues of concern to such community or provides carriage or coverage of sporting and other   events of interest to the community." In this instance, Suburban alleges that it provides carriage to  S -  numerous Pennsylvania and New Jersey stations that provide local service to its subscribers.M!  {O -ԍ See footnote 18, supra.M However, WFMZTV disputes the significance of the coverage by the other stations.  S - D. Station Audience in Communities Served by Cable System  SX-  o19. ` ` Statutory factor four is "evidence of viewing patterns in cable and noncable households   within the areas served by the cable system or systems in such community." There does not appear to   be any serious dispute that the station has no significant audience in the cable communities, either in cable   yor noncable households. Nielsen data for the counties reflect no viewing of WFMZTV which is entirely   consistent with the fact that there is a lack of Grade B service to many of the communities herein. We   note, however, that this evidence must be considered in light of the existing lack of carriage and the   heavilycabled nature of the communities (the cable penetration rates for the counties herein range from  S@-72% to 96%)."@Z {O:-  iԍ See The Chronicle Publishing Company d/b/a Ventura County Cablevision, 10 FCC Rcd 9474, 94819482 (1995).  S- E. Other Considerations  S-  o20. ` ` The factors specified in 614(h) do not purport to be exclusive and thus other evidence   ymay be considered that is helpful in defining the scope of the markets of the stations involved. One such   \additional factor involves whether local newspaper or other listings of station programming that have   .circulation in the cable communities include the programming of the stations in question. WFMZTV is  S-  Lsaid to be now listed in the channel reference pages of the Philadelphia metropolitan edition of TV Guide with a full program listing scheduled to commence.  S- F. Summary  S:-  #21. ` ` The cable television mandatory broadcast signal carriage rules were adopted as part of the   1992 Cable Act. According to the legislative history of that Act, the use of ADI market areas is intended   y"to ensure that television stations be carried in the areas which they serve and which form their economic" ",_(_(IIe""  S-  0market."\# yOh-ԍ H.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).\ The Act specifically provided that the Commission was to consider adding additional   communities or excluding communities from the markets of television stations "to better effectuate the  S-  \purposes" of the mandatory carriage requirements.?$X yO-ԍ 47 U.S.C. 534(h).? In acting on such requests the Commission was   instructed to "afford particular attention to the value of localism, taking into account four specified  S`-  statutory factors." These factors, however, were "not intended to be exclusive."\%` yO-ԍ H.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).\ The market   kmodification provisions of 614(h) are said, in the legislative history, to "reflect a recognition that the   MCommission may conclude that a community within a station's ADI may be so far removed from the  S-  ystation that it cannot be deemed part of the station's market."3&x {O -ԍ Id.3 We do not believe, except in the instance   of the Turnersville, New Jersey system, that the requested exclusion of the communities served by four   Suburban cable systems from the markets of WFMZTV will better effectuate the purposes of the mustcarry statutory provisions.  S -  22. ` ` In reaching this conclusion, we have considered the statutory factors as well as other   relevant information. WFMZTV has never been carried in any of the communities in question (factor   I), provides no overtheair television broadcast service for a portion of the communities (factor II), and   has no measured audience in the communities (factor IV). Other stations that are entitled to carriage do   provide news and other information regarding issues of concern to the communities (factor III). Given   Lthe statutory directive, weight must be given to these factors, but that must be done bearing in mind that   jthe objective of the 614(h) process is to "better effectuate the purposes" of the broadcast signal carriage   scheme. Thus, with respect to the question of historical carriage patterns, attention must be paid to the   ycircumstances from which such patterns developed. Some stations have not had the opportunity to build   a record of historical carriage for specific reasons that do not necessarily reflect a judgment as to the   geography of the market involved. Thus, these factors to the extent they are reflective of circumstances   outside of the shape of the market are not by themselves controlling in circumstances where such an   <implementation of the 1992 Cable Act would, in effect, prevent weaker stations like WFMZTV, that cable systems had previously declined to carry, from ever obtaining carriage rights.  S-  23. ` ` Another factor to consider is the availability of other broadcasters in the market that are   eligible for carriage and provide coverage of news, sporting events, or other events of interest to the   Ncommunities at issue. We have stated, however, that where a cable operator is seeking to delete a   station's mandatory carriage rights in certain communities within its ADI and it is clear that the station   jis not providing local service to those communities, the issue of local coverage by other stations becomes  S-  ja factor to which we will give greater weight than in cases where a party is seeking to add communities.'  {O#-ԍ Nationwide Communications, Inc. d/b/a EagleVision, 10 FCC Rcd 13050, 13053 n. 22 (1995).   Carriage of other local stations may be used as an enhancement factor to support a cable operator's   deletion request when there is other evidence in the record that the communities at issue are outside of" ',_(_(II-"  S-  the station's market.( {Oh-ԍ TCI of Illinois, DA 971002, para. 26, 1997 WL 241995 (F.C.C.) (CSB released May 12, 1997). In the present case, Suburban carries numerous other stations licensed to   communities in the Philadelphia ADI that are closer to the cable communities and provide coverage of local news and events. There is, however, also evidence of WFMZTV service to the cable communities.  S`-  24. ` ` Given the difficulties of relying exclusively and explicitly on the statutory factors of   historical carriage and viewing patterns, which in certain circumstances could severely narrow the carriage   rights of stations even within what is undeniably their local market area, we have found it helpful to focus  S-  also on factors that are not influenced by the type or age of the stations involved or historical carriage.l)Z {O -ԍ See Cablevision Systems Corp., 11 FCC Rcd 6453, 6474 (1996).l   The scope of a local station's market may be measured through geographic means by examining the   distance between the station and the cable community subject to the deletion request and by taking into   ]account natural phenomena such as waterways, mountains, and valleys that may tend to separate   communities and define natural markets basic geographic, demographic, and political features that   provide the best available alternative evidence of the market boundaries of the stations involved. In this  S -  jregard, the Commission has explicitly noted the relevance of Grade B contours.Y*  yO-  -ԍ As a general matter, Grade B coverage demonstrates service to cable communities and serves as a measure  {OL-  of a station's natural economic market. See MM Docket No. 92259, 8 FCC Rcd at 2977. See also Amendment of  {O-  Section 76.51 (OrlandoDaytona Beach, Melbourne, and Cocoa, Florida), 102 FCC 2d 1062, 1070 (1984) ("We   Lbelieve that television stations actually do or logically can rely on the area within their Grade B contours for economic support.").Y In the absence of other   information, station service contours provide at least one objective measure of the scope of a station's   local market. Here we note that while WFMZTV does not presently provide Grade B service to all of   !the cable communities, its Grade B contour does currently encompass 15 of the 81 Pennsylvania   !communities. After WFMZTV completes the process of improving its facilities, the number of   Pennsylvania system communities encompassed by the station's Grade B contour will be 25 (or   approximately onethird). The remaining Pennsylvania communities will be on the edge of the service   =area. In addition, the Pennsylvania communities are geographically separated from WFMZTV's city of   license in terms of mileage by approximately 40 to 48 miles, while the New Jersey system communities   are not only approximately 61 miles distant, but are on the far side of the Delaware River from Allentown and in a different state.  S-  25. ` ` Weighing against the grant of Suburban's petition with regard to the Pennsylvania   >communities is evidence relating to cable carriage in other adjoining communities and the fact that the   station has demonstrated some efforts to provide programming targeted to the counties in which the  S-  [communities are located.+ yO!-  .ԍ We note that WFMZTV has shown efforts in providing programming targeted to New Jersey as well, including Camden and Gloucester Counties. These two factors in our analysis of this petition persuade us, along with the   other facts as to the station's broadcast service area and the distances and geography involved, that   Nexclusion of the Pennsylvania communities from the market of WFMZTV is not warranted. We   yrecognize that a number of the other factors weigh in Suburban's favor, including in particular the absence   of any historical carriage in the areas in question after many years of operation. The station's facilities   /were improved in 1993 and a further improvement has been applied for, so that the lack of historical" +,_(_(II="   carriage is based upon circumstances that no longer exist. The listing of the station and its schedule in   TV listings relevant to these communities also provides some evidence that the market regards this area   to be within the economic market and service area of the station. The distances and geography involved   Nare not so extreme as to suggest no market nexus with the communities exists. Virtually all of the   Pennsylvania communities are situated along or near the Delaware River, clustered around Philadelphia.   [These communities are also in close proximity to other systems which carry WFMZTV. We note, too,   jthat Suburban's Delaware County system carries WLTVTV, another licensee from WFMZTV's city of   license. In contrast, the New Jersey communities, lie beyond the Delaware River, and are considerably more distant. In addition, no cable systems proximate to the New Jersey communities carry WFMZTV.  Sp-  326. ` ` We have carefully considered each statutory and other relevant factor in the context of  SH -  Lthe circumstances presented here and, on balance,V,H  {O -  iԍ We are under no obligation to give particular weight to any one of the several statutory factors. See Time  {Oz -  Warner Entertainment Co. v. FCC, 56 F. 3d 151, 175 (D.C. Cir. 1995); accord, Omnipoint Corp. v. FCC, 78 F. 3d   633634 (D.C. Cir. 1996) (When Congress directs an agency to consider certain factors, the agency simply "must   reach an express and considered conclusion about the bearing of a factor, but is not required to give any specific weight to it.").V we find that Suburban has not demonstrated that the   Pennsylvania communities it serves herein lack a sufficient nexus with WFMZTV to warrant deletion of   =these communities from the station's ADI. With regard to Suburban's New Jersey system communities,   however, we find that, in light of the distances involved and both current and future lack of Grade B coverage by WFMZTV, grant of Suburban's request to exclude these communities is warranted.  SX-1' ORDERING CLAUSES  S0-  S-  _27. ` ` Accordingly, IT IS ORDERED, that the petition for special relief (CSR4953A), filed  S-  February 28, 1997, by Suburban Cable Co., Inc. and Lenfest Atlantic, Inc. IS GRANTED to the extent  S-indicated above in paragraph 26 and IS OTHERWISE DENIED.  Sh-28. ` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,William H. Johnson ` `  hh,Deputy Chief, Cable Services Bureau"P |,,_(_(IIm"  S-D APPENDIX A ă I. Cable systems served by Suburban Cable TV: 1) Bensalem, Pennsylvania system (Bucks County, PA): ` ` Bensalem Township* ` ` Falls Township* ` ` Lower Southampton Township* ` ` Warminster Township+ ` ` Morrisville Borough* ` ` Upper Southampton Township* ` ` Tullytown Borough# 2) Coatesville, Pennsylvania system (Chester, Lancaster and Delaware Counties, PA): ` ` Coatesville ` ` Caln ` ` South Coatesville ` ` Valley ` ` West Brandywine* ` ` Downingtown# ` ` Modena ` ` East Fallowfield ` ` West Goshen# ` ` West Chester ` ` East Caln* ` ` Uwchlan* ` ` East Goshen* ` ` Westtown ` ` West Whiteland* ` ` East Brandywine# ` ` Parkesburg ` ` West Bradford* ` ` Sadsbury ` ` West Sadsbury ` ` Atglen ` ` Thornbury ` ` Birmingham ` ` East Bradford ` ` Pocopson ` ` Wallace* ` ` West Caln ` ` West Pikeland* ` ` Upper Uwchlan* ` ` Thornberry 2) Coatesville system (cont'd): ` ` West Nantmeal* ` ` West Vincent"& ,,_(_(IIn("Ԍ` ` Honeybrook ` ` East Nantmeal ` ` Charlestown 3) Delaware County, PA systems: ` ` Chester ` ` Upper Darby ` ` Ridley ` ` Lansdowne# ` ` Clifton Heights ` ` Aldan ` ` East Lansdowne# ` ` Yeadon# ` ` Glenolden ` ` Darby ` ` Sharon Hill ` ` Colwyn ` ` Collingdale ` ` Springfield ` ` Folcroft ` ` Prospect Park ` ` Upper Chichester ` ` Norwood ` ` Nether Providence ` ` Ridley Park ` ` Chester Heights ` ` Brookhaven ` ` Eddystone ` ` Media# (portion) ` ` Parkside ` ` Upland ` ` Aston ` ` Lower Chichester ` ` Marcus Hook ` ` Trainer ` ` Morton ` ` Rutledge ` ` Middletown# ` ` Rose Valley ` ` Tinicum 3) Delaware County (cont'd): ` ` Upper Providence ` ` Swarthmore ` ` Millbourne# ` ` Bethel ` ` Concord"&,,_(_(IIn("ԌII. Lenfest Atlantic system: 1) Turnersville, NJ system: ` ` Washington ` ` Monroe ` ` Winslow ` ` Waterford ` ` Folsom ` ` Buena Vista ` ` Chesilhurst *currently within Grade B contour #within proposed Grade B contour  S -+within Grade A contour #Xj\  P6G;+XP#