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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re: ) ) Complaint of United Broadcast Group II, Inc.)CSR-4962-M against North Texas Communications Company) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: July 17, 1997 Released: July 21, 1997 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1.United Broadcast Group II, Inc. ("United"), licensee of Television Broadcast Station KINZ(TV), Arlington, Texas, has filed a must-carry complaint requesting that the Commission order North Texas Communications Company ("North Texas"), operator of cable television systems serving Muenster and Valley View, Texas to commence carriage of KINZ(TV). North Texas has opposed United's complaint, and United has replied. BACKGROUND 2.Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in its Report and Order in MM Docket 92-259, 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 audience research organization. An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing. ARGUMENTS OF THE PARTIES 3.United states that on December 11, 1996, North Texas was notified that United was conducting on-air program tests on KINZ(TV), that it intended to commence broadcasting in the near future, and that it intended to elect must-carry status in lieu of retransmission consent. United states further that after commencing operations on December 17, 1996, it requested on January 6, 1997, a commitment from North Texas in writing to carry KINZ(TV)'s signal, and invited North Texas to contact the station regarding station facilities, programming or signal matters. United asserts that North Texas subsequently informed United that signal strength measurements would soon be undertaken and that United would be informed of the results. United states North Texas never provided it with results of any signal strength tests, that North Texas does not carry KINZ(TV) on the cable system servings Muenster and Valley View, and that North Texas has made no committment to carry KINZ(TV) in the future. United asserts that KINZ(TV) is entitled under these circumstances to must-carry status on North Texas's cable systems serving Muenster and Valley View. 4.In opposition, North Texas asserts that to the best of its information and belief KINZ(TV) does not provide a viewable off-the-air signal in or around either Muenster or Valley View. It states that KINZ(TV) is located approximately 78 miles from Muenster and about 60 miles from Valley View. North Texas states that it conducted signal level tests which purport to show that KINZ(TV) fails to deliver a good quality signal to the headends of its cable systems. Finally, North Texas contends that since United has made no commitment to bear the cost of delivering a good quality signal to the Muenster and Valley View cable systems, KINZ(TV) is not entitled to carriage. 5.United in reply claims that North Texas failed to show that the signal strength studies were conducted in accordance with sound engineering practices as required by Commission rules. In any event, United made a commitment made "to provide North Texas with any specialized equipment necessary to upgrade its signal," and asserts that "the Station is a 'qualified local commercial television station' entitled to carriage under the Commission's rules." United argues that because it offers to provide, at its own expense, any equipment necessary to deliver a good quality signal to North Texas's facilities, the results of the signal strength measurements lack legal significance, and that its commitment warrants grant of the complaint. DISCUSSION 6.We will grant United's complaint. Under the Commission's must-carry rules, cable operators have the burden of showing that a commercial station that is located in the same television market is not entitled to carriage. One method of doing so is for a cable operator to establish that a subject television station's signal, which would otherwise be entitled to carriage, does not provide a good quality signal to a cable system's principal headend. Should a station fail to provide the requisite over-the-air signal quality to a cable system's principal headend, its carriage nevertheless may not be foreclosed, because under our rules, a station may provide a cable operator with specialized equipment, at the station's expense, which will improve the station's signal to an acceptable quality at a cable system's principal headend. 7.In this instance, North Texas failed to submit signal strength studies showing compliance with Commission requirements for use of sound engineering practices. North Texas therefore has failed to show that United does not provide a sufficient off-air signal to North Texas's cable system headends. In any event, United has made a commitment on this record to deliver an adequate signal to North Texas's cable systems and to pay any associated costs, in accordance with 614(h)(1)(B)(iii) of the Communications Act of 1934. ORDERING CLAUSES 8.Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended (47 U.S.C. 534), that the petition filed by United Broadcast Group II, Inc. ("United") IS GRANTED. North Texas Communications Company ("North Texas") IS ORDERED to commence carriage of television station KINZ(TV) within sixty (60) days of the release date of this Order. 9.This action is taken pursuant to authority delegated under 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Gary M. Laden, Chief Consumer Protection and Competition Division Cable Services Bureau