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S-q ARGUMENTS OF THE PARTIES ă  S- ^Ax3. In support of its request, KINZ states that, pursuant to 76.64(f)(4) of the Commission's  xRules, it notified Falcon by letter dated December 11, 1996, that it was conducting onair program tests  x]and would be commencing regular broadcasting shortly. In the same letter, KINZ indicates that it  xkinformed Falcon that it was electing must carry status in lieu of retransmission consent and requested  S- x>carriage on Falcon's Comanche, Texas system.{ yO(-ԍKINZ indicates that it commenced regular broadcast operations on December 17, 1996.{ In a February 18, 1997, response, KINZ states that",))II9!"  xFalcon alleged that the station did not deliver an adequate signal to its system's headend and therefore was  x.not entitled to carriage. KINZ points out, however, that the signal quality test information provided by  xFalcon does not conform to the Commission's stated criteria and it informed Falcon of this in a March  S- x4, 1997 followup letter.X  yO- xԍKINZ states that the information provided by Falcon does not identify what equipment was used in the test,  xprovided no calibration information or the orientation of the antenna and appears to have measured the signal at a height of 25 feet which is not the normal reception point for the system's 300600 foot antenna. KINZ argues that, despite its stated willingness to work with Falcon to resolve  xany signal quality problems, and its offer to provide any specialized equipment necessary to ensure a good  xsignal, the cable system did not respond and remains unwilling to carry its signal. KINZ maintains that  xeven if the signal quality tests performed by Falcon indicate that its signal does not meet the  xyCommission's criteria for a good quality signal, its willingness to provide equipment to improve its signal should overcome this deficiency. KINZ therefore requests that the Commission grant its request.  Sp- ^x4. In opposition, Falcon argues that, despite KINZ's allegations, it did respond to the station's  xfollowup letter on the very same day, but since KINZ filed its must carry complaint only three days later  xx(March 7, 1997), it apparently did not have the opportunity to receive the response prior to the complaint's  S - xLfiling.    yO- xJԍFalcon points out that while KINZ stated in its March 4th letter that "the Commission's rules will require that the  xstation file a formal complaint against Falcon Cable TV by Friday, March 7, 1997. . . ", it was not actually required  xto file such complaint until 60 days from Falcon's February 18, 1997 letter denying carriage (or no later than April 21, 1997). In any event, Falcon states that in its response it informed KINZ that it had utilized a simplified  xprocedure for initially testing the station's signal since, as all of the signals carried on its Comanche  x=system have to be imported via microwave at Falcon's own cost in order to be receivable at the system's  x[principal headend, KINZ's signal would have no chance of meeting the Commission's signal level criteria.  xFalcon states that it has now retested KINZ's signal in strict compliance with Commission criteria and this  xtest confirms that KINZ's signal is inadequate. Moreover, Falcon maintains that KINZ's offer to provide  xany necessary equipment does not overcome the station's failure to take any steps to do so. Therefore,  x Falcon argues that it cannot be deemed in violation of the must carry requirements until such time as KINZ can deliver an adequate signal.  Sh- ^x5. KINZ states in reply that it is a qualified local commercial station entitled to carriage on  xkFalcon's system since it has offered to provide any specialized equipment necessary to ensure a good  xquality signal. KINZ argues that Falcon's second engineering test not only admits to the deficiencies in  xMthe systems's first test, but is a belated attempt to justify the system's continued refusal to carry the  xstation. In addition, KINZ indicates that not only did Falcon not permit the station to participate in or  x[corroborate its later test, but it again conducted its test at an antenna height of 25 feet when the system's  xown diagram reveals that other stations it carries are received at a height of 190 feet. Therefore, states KINZ, this second test should be rejected as well.  S-( DISCUSSION ă "V3x  S- ^Rx6. We will grant KINZ's petition. According to 76.55(e) of the Commission's Rules,  xLcommercial television broadcast stations, such as KINZ, are entitled to carriage on cable systems located  xin the same Area of Dominant Influence (or "ADI"). KINZ is located in the DallasFt. Worth, Texas ADI,  xywhich is also where the system served by Falcon is located. While the second engineering test conducted"8,>(>(II "  xjby Falcon appears to establish that KINZ fails to provide a good quality signal, we note that the 25foot  xLmeasurement height used by Falcon in its test of KINZ's signal is apparently considerably less than that  S- x=called for when compared to the normal placement of antenna on Falcon's 300600foot headend tower.   yO- xԍIn its February 18, 1997 letter to KINZ, in which it submitted its original engineering test, Falcon stated that the  xmajority of its headend towers are 300600 feet high. In its reply to Falcon's opposition in the instant complaint,  xKINZ points out that the average height of the antennas used to receive signals on the Comanche system is at 190 feet.  x=When measured against our criteria, we conclude that the determination reached by Falcon is insufficient  xto demonstrate that KINZ's signal is not of "good quality" at its system headend. We note that KINZ  xhas offered to provide specialized equipment to Falcon and maintains that with the use of this specialized  x]equipment it can provide a signal to Falcon's headend that is consistent with Commission criteria.  xMoreover, KINZ has stated that it will bear the costs of installing such equipment to assure a good quality  xsignal. The Commission has stated that specialized equipment may be employed to deliver a good quality  S- xsignal to a cable system headend. The Commission in the Must Carry Clarification Order,D  yO -ԍ8 FCC Rcd 4142, 4143 (1993).D after re xemphasizing that it was the television station's obligation to bear the costs associated with delivering a good quality signal to the system's principal headend, stated: xThis may include improved antennas, increased tower height, microwave relay xequipment, amplification equipment and tests that may be needed to determine xwhether the station's signal complies with the signal strength requirements. . .  xKINZ, by committing to provide specialized equipment, satisfies its obligation to bear the costs associated  xwith delivering a good signal to Falcon's headend. We encourage Falcon and KINZ to work together in  x>this regard. Moreover, any future engineering tests conducted by the parties should be at an antenna  xheight comparable to that of other similarlyreceived stations. Consequently, we shall order Falcon to carry KINZ's signal in the event that KINZ provides a good quality signal.  Sj-1 ORDERING CLAUSES ă  S- ^x7. Accordingly, IT IS ORDERED that the petition filed March 10, 1997, by United Broadcast  S- xGroup II, Inc. IS GRANTED pursuant to 614 of the Communications Act of 1934, as amended (4  S- xU.S.C. 534). Falcon Cable TV IS ORDERED to commence carriage of Station KINZ on its Comanche,  xTexas cable system sixty (60) days from the date that KINZ provides a good quality signal at Falcon's  x principal headend. KINZ shall notify Falcon in writing of its carriage and channel position elections  x\(76.56, 76.57, and 76.64(f) of the Commission's Rules) within thirty (30) days of providing a good quality signal.  S-x8. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. x hhFEDERAL COMMUNICATIONS COMMISSION x hhGary M. Laden, Chief x hhConsumer Protection and Competition Division x hhCable Services Bureau