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Indeed, states WSPYLP, all but one of the  S- x=identified stations have studios and transmitter sites approximately 50 miles from Newark,v  yO-ԍThe exception is WWTO whose transmitter is approximately 30 miles from Newark.v none of the  x stations are licensed to Kendall County and none are required to carry any programming specifically  x=geared to the needs and interests of Kendall County residents. On the other hand, WSPYLP states that  xfor the past six years it has assigned a reporter to cover the Newark "beat" and the station regularly hosts  xelected officials and community leaders from around Kendall County on its news and public affairs  S- xprogramming. WSPYLP points to the recent Supreme Court decision in Turner Broadcasting System,  S- xzInc. v. FCC,_ X yO -ԍSlip Opinion 95992, p. 4242, released March 31, 1997._ which stated that "the Cable Act, 47 U.S.C. 534(c), requires carriage on unfilled must xkcarry channels of low power broadcast stations if the FCC determines that the station's programming  x."would address local news and informational needs which are not being adequately served by full power  xLtelevision broadcast stations because of the geographic distance of such full power stations from the low  xpower station's community of license." 534(h)(2)(B)." Since TCII is a system with more than 35  xactivated channels which has not met its onethird threshold under the rules, WSPYLP indicates that it  xis required to carry as least two qualified LPTV stations. Finally, WSPYLP states that TCII does not  xcontest the fact that it violated 76.58 of the rules in not provide prior written notice regarding its deletion of WSPYLP and should be assessed a forfeiture for this violation.  S4-( DISCUSSION  S -  S- ` x7. ` ` We do not agree with the arguments raised by WSPYLP as to its qualifications for must  xcarry status on TCII's system and we will deny its complaint. Part 76 of the Commission's rules sets  xforth specific criteria to which an LPTV station must conform before it can be considered a "qualified"  xfor must carry status. One of those criteria requires that both the community of license of the station and  x\the franchise area of the cable system be located outside the largest 160 Metroplitan Statistical Areas  S- x(MSA's) as of June 30, 1990.B  yO-ԍ47 C.F.R 76.55(d)(5).B TCII asserts that WSPYLP is not a "qualified" LPTV station because  xjWSPYLP's community of license is located inside Kendall County, which is considered part of the third  x/largest MSA, Chicago, Illinois. WSPYLP argues that the MSA criterion does not apply in this case  xbecause Kendall County, in which both the franchise area of the cable system and the station's city of  x>license are located, is considered to be part of a Primary Metroplitan Statistical Area (PMSA) which  ST- xdiffers from an MSA. However, a PMSA is a type of consolidated MSA information.Tx yOl - xЍSee Office of Management and Budget June 30, 1990 "Population of Metropolitan Areas: 1990 and 1980, by 1990 Population Rank." Therefore, the  x\MSA criterion would apply in this instance. Since the Chicago consolidated MSA, of which Kendall  xCounty is a part, is the third largest of the 160 largest MSA's, WSPYLP cannot be considered to be a  xk"qualified" LPTV for must carry purposes for TCII's system serving Newark, Illinois. Finally, with  xregard to WSPYLP's undisputed allegation that TCII dropped its station without the required 30day  xadvanced written notice, we will require TCII to provide a written explanation of its actions in this matter to the Commission. "<,p(p(88 "Ԍ S- ` Ax8. ` ` Accordingly, IT IS ORDERED, that the petition filed February 27, 1997, on behalf of  S- xWFXVTV, Inc. IS DENIED pursuant to 615 of the Communications Act of 1934, as amended (47 U.S.C. 535).  S`- ` Px9. ` ` IT IS FURTHER ORDERED that United Cablevision of Southern Illinois, Inc., d/b/a  S8- xTCI of Illinois SHALL PROVIDE , within thirty (30) days of the release date of this order, a written  x/explanation of its actions in removing WSPYLP from its Newark, Illinois cable system to the Chief, Consumer Protection and Competition Division, Cable Services Bureau, with a copy served on WSPYLP.  S-x10. ` ` 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