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For purposes of this calculation, both overtheair and cable television  Sk-viewing are included.Zk yO&- xԍ Certain counties are divided into more than one sampling unit because of the topography involved. Also, in  xcertain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {Oo(- xpreponderance of the audience in that county. Refer to Arbitron's Description of Methodology handbook for a more"o(,))(" complete description of how counties are allocated."kX,))II"Ԍ S- ` ~ԙx3.` ` 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:  ~Xxwith 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:  BXxthe Commission shall afford particular attention to the value of localism by taking into account such factors as   Xx(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;   Xx(II) whether the television station provides coverage or other local service to such community;   `Xx(III) whether any other television station that is eligible to be carried by a cable system  Cin 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; and   pXx(IV) evidence of viewing patterns in cable and noncable households within the areas served by the cable system or systems in such community.   S-x4.` ` The legislative history of this provision indicates that:  Xxwhere the presumption in favor of ADI carriage would result in cable subscribers losing  Baccess 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  pfrom a television station's market consistent with Congress' objective to ensure that  #television stations be carried in the areas which they serve and which form their economic market.  * * * * *  nXx[This subsection] establishes certain criteria which the Commission shall consider in acting  $on requests to modify the geographic area in which stations have signal carriage rights.  These factors are not intended to be exclusive, but may be used to demonstrate that a  S!-community is part of a particular station's market.`!X yO%-ԍ H.R. Rep. No. 102628, 102d Cong., 2d Sess. 97 (1992).`   Sp#- ` x5.` ` The Commission provided guidance in its Report and Order in MM Docket No. 92259,"p#,_(_(II$"  S-supra, to aid decision making in these matters, as follows:  ~XxFor example, the historical carriage of the station could be illustrated by the submission  S- Qof documents listing the cable system's channel lineup (e.g., rate cards) for a period of  years. To show that the station provides coverage or other local service to the cable  community (factor 2), parties may demonstrate that the station places at least a Grade B  coverage contour over the cable community or is located close to the community in terms  of mileage. Coverage of news or other programming of interest to the community could  obe demonstrated by program logs or other descriptions of local program offerings. The  S- pfinal factor concerns viewing patterns in the cable community in cable and noncable  homes. Audience data clearly provide appropriate evidence about this factor. In this  nregard, we note that surveys such as those used to demonstrate significantly viewed status  Dcould be useful. However, since this factor requires us to evaluate viewing on a  }community basis for cable and noncable homes, and significantly viewed surveys typically  nmeasure viewing only in noncable households, such surveys may need to be supplemented  S -with additional data concerning viewing in cable homes.S  yO-ԍ 8 FCC Rcd at 2977 (emphasis in original).S   S^- ` x6.` ` In adopting rules to implement this provision, the Commission indicated that requested  xchanges should be considered on a communitybycommunity basis rather than on a countybycounty  x.basis, and that they should be treated as specific to particular stations rather than applicable in common  S- x.to all stations in the market."X yO- xԍ 8 FCC Rcd at 2977 n.139. Viewership information cited herein is county data, rather than communityspecific  xydata. However, absent evidence that such data is not fairly reflective of viewing in the actual communities in  {On- xxquestion, we accept such data as probative in cases of this type. See, e.g., RKZ Television, Inc., 8 FCC Rcd 8008, 8010 (1993). The rules further provide, in accordance with the requirements of the Act,  S-that a station not be deleted from carriage during the pendency of an ADI change request.=B yO-ԍ 47 C.F.R. 76.59.=  Sn-  MARKET FACTS AND THE PARTIES' ARGUMENTS TP  S- ` x7.` ` Lansing and East Lansing, Michigan are principally located in Ingham County, Michigan,  xbut portions of Lansing also extend into Clinton County to the North and into Eaton County to the West.  S- xyThese two communities are in the Lansing, Michigan ADI, yO@ - xiԍThe other two Counties currently assigned to this ADI are South of Eaton and Ingham; they are Jackson and Hillsdale. while WJUETV is presently assigned to the  xyGrand RapidsKalamazooBattle Creek, Michigan ADI. Although Battle Creek is located approximately  xforty miles from Lansing, WJUETV places a City Grade contour over both Lansing and East Lansing because of the close proximity of its transmitter site to the subject communities.  S- ` ~x8.` ` In support of its petition, WJUETV notes that it began broadcasting only five months  xprior to filing the instant market modification petition, on October 10, 1996. WJUETV contends,  x[therefore that, although it cannot demonstrate historic cable carriage, the Bureau has previously held that"* ,_(_(II"  x[this factor is not given significant weight under these circumstances because doing so would prevent new  S- xkstations from ever gaining carriage, citing Paragon CableX  yO@-ԍpara. 12, DA 951827 (released August 23, 1995).X and ML Media Partners, L.P.X X yO-ԍpara. 13, DA 951826 (released August 23, 1995).X Similarly, a  xnew station such as WJUETV, has no information concerning audience ratings, which may take up to  xthree years to establish, so the Bureau has previously found that ". . . it is appropriate to rely on other  x/evidence of the station's local market to determine whether a particular community [or communities]  S:- xshould be added to its market." : {O -č#X\  P6G;IP##X\  P6G;IP#See DeSoto Broadcasting, Inc., 10 FCC Rcd 4491, 4494 (1995). However, WJUETV also notes that, since it places a City Grade  xcontour over both Lansing and East Lansing, the Bureau has previously determined that the presence of  xzeither a Grade A or a City Grade contour constitutes "compelling evidence that the [station] provides  S- x/service" to the community.X z {O -ԍ#X\  P6G;IP#Id.X WJUETV adds that, because of its strong signal, it was chosen by the  xMichigan Emergency Alert System to provide their signal to the specified cable communities. In addition,  xkWJUETV states that it airs religious programming 9 1/2 hours daily, and that its other programming,  xwhich consists primarily of home shopping infomercials, has been held to serve the public interest by  xproviding ". . . an important service to viewers who either have difficulty obtaining or do not otherwise  S - x wish to purchase goods in a more traditional manner."^  {O-ԍTime Warner Cable, 11 FCC Rcd 8047, 8054 (1996).^ Finally, WJUETV notes that it is trying to  xOestablish a relationship with Michigan State University in East Lansing aimed at creating local programming geared to the designated cable communities.  SZ- ` x9.` ` In response, the cable operators contend that WJUETV has failed to demonstrate that it  xadequately meets the criteria necessary for market modification. They add that granting WJUETV an  xADI waiver solely because of the location of its transmitter and its resulting contour over Lansing and  x East Lansing would be "perverse." Because WJUETV sought to identify itself with Battle Creek, a  xdecision to modify its ADI should at least require WJUETV to relinquish its mandatory carriage rights  xjin the Grand RapidsKalamazooBattle Creek ADI, according to the operators. Citing the Bureau's prior  Sj- x0decision in Cablevision of Monmouth, Inc.,Ej yO-ԍ11 FCC Rcd 9314, 9312 (1996).E the cable operators add that WJUETV has failed to  xdemonstrate both lack of historic carriage and any audience share in the specified cable communities  xwhich, when combined with coverage by other local stations, and ". . . the fact that WJUETV fails to  xprovide significant local programming," altogether militate against affording the station mandatory carriage  xin Lansing and in East Lansing. The operators contend that, although home shopping and WJUETV's  xother programming may have some general interest, it does not constitute "local" coverage of the specified  xLcable communities. The operators note that none of the local television program guides even list WJUE xTV. In addition, the operators contend that WJUETV failed to even address the third factor in  xconsidering ADI modification requests, but that as far as coverage by other local stations carried on the  xcable systems is concerned, there are four stations licensed to Lansing which provide ". . . extensive". ,_(_(IIk"  S- xcoverage of local news and sports events." yOh- xԍThese stations are as follow: WILXTV (NBC, Channel 10); WLAJ (ABC, Channel 53); WLNSTV (CBS, Channel 6); and WSYMTV (Ind., Channel 47). According to United, it also transmits ten PEG channels,  xwhich provide religious programming, school activities, programming by the local government, and events  xfrom Michigan State University. Continental states that it carries six such channels, which provide programming from the University, a religious access channel, and several educational access channels.  S8- ` x10.` ` In reply, WJUETV notes that the cable operators failed to cite any public policy reason  xor precedent for stripping the station of its mandatory carriage rights in the Grand RapidsKalamazoo xLBattler Creek ADI if its request to add Lansing and East Lansing to the ADI is granted. WJUETV adds  xthat, although it cannot yet show historic carriage or#&a\  P6G;0&P# audience ratings, about thirtyfive residents of the  x/designated cable communities have contacted the station inquiring about programs or about products  x\offered overtheair, and that it is in the process of being added to local television ratings. WJUETV  x>states that so far as local coverage is concerned, its City Grade contour covers both Lansing and East  xLansing. With respect to local service, WJUETV states that in addition to the local programs it  xpreviously mentioned, it also just filmed a program about Michigan's Food Shelf Program with the#&a\  P6G;0&P#  xAmerican Red Cross, and it is presently working with the Lansing Catholic Archdiocese on a program  S - x[about faith. Citing the Bureau's prior decis#X\  P6G;IP#i#&a\  P6G;0&P#on in Chronicle Publish#X\  P6G;IP#i#&a\  P6G;0&P#ng C#&a\  P6G;0&P#ompan#&a\  P6G;0&P#y,X  yOh-ԍPara. 23, DA 951829 (released August 23, 1995).X WJUETV concludes  S -that the fact that other stations serve the cable communities does not bar its ADI modification petition.#X\  P6G;IP##X\  P6G;IP##X\  P6G;IP#  {MZ-  S"-W  #&a\  P6G;0&P#ANALYSIS AND DECISION ĐTP  S- ` 3#&a\  P6G;0&P#x11.` ` We shall grant WJUETV's petition for market modification. The evidence submitted,  x#&a\  P6G;0&P#evaluated pursuant to the four statutory and other relevant factors, persuades us that the communities  xherein are properly considered part of the station's ADI. With regard to the first statutory factor, we note  x=that historical carriage is not by itself controlling in this particular circumstance, because if it were found  xto be contolling that would, in effect, prevent new stations from ever being entitled to carriage contrary  S - x=to the policy of the statute.X  {OZ-ԍSee Time Warner Cable, 11 FCC Rcd at 8054.X Thus, becasue WJUETV is a new station, we find that historic carriage is  x=of little assistance in determining the correct scope of WJUETV's market. For like reasons, ratings data  x(factor four) also do not serve to define WJUETV's market area because, as we have previously noted,  S-viewing patterns can take up to three years to establish in the case of new stations.B yOt- xԍThis is the reason why  76.54 of the Commission's rules allows viewership data from the first three years of  {O< -a station's operation. See DeSoto Broadcasting, Inc., 10 FCC Rcd at 4494.  SB- ` x12.` ` With respect to the second statutory factor, we note that a station's local service to cable  xycommunities can be measured, among other ways, by the coverage of its contour as well as the proximity  S- x of the station to the subject communities.$ yO.%- xԍAs a general matter, Grade B coverage demonstrates service to cable communities and serves as a measure of  {O%- xa station's natural economic market. See Broadcast Signal Carriage Issues, 8 FCC Rcd at 2977. See also  {O&- x;Amendment of Section 76.51 (OrlandoDaytona Beach, Melbourne, and Cocoa, Florida), 102 FCC 2d 1062, 1070  x("We believe that television stations actually do or logically can rely on the area within their Grade B contours for"',_(_('" economic support.") The fact that WJUETV's City Grade contour currently"X,_(_(IIM"  xencompasses both of the specified cable communities is compelling evidence that WJUETV provides  S- xservice to both these communities.jX {O- xԍIn Cablevision of Monmouth, Inc., the Bureau specifically noted that the station concerned did not place a  xGrade B contour over the specified cable communities; it also went on to note that the fact that the station involved  xMhad no audience in the county in question or any historic carriage on the relevant cable systems were not  xdeterminative facts ". . . in and of themselves of the relationship between the cable communities and the market of the television station . . . ." 11 FCC Rcd at 9322. j The Commission in general has noted the importance of a City Grade  S- xsignal in determining local coverage.  {OZ -ԍSee PZ Entertainment Partnership, L.P., 6 FCC Rcd 1240, 1243 (1991). See also 47 C. F. R.  73.685. Moreover, we note that WJUETV's transmitter site is actually  xphysically located in the Lansing ADI, approximately only 13 miles from Lansing and 15 miles from East  xLansing. In view of the close proximity of the station to the subject communities and the local service  xzprovided, as demonstrated by the City Grade coverage involved, we believe that a modification of the  xWJUETV's market is warranted. In addition, WJUETV notes that it was selected by the Michigan Emergency Alert System to provide their signal both to Lansing and to East Lansing.  S- ` n x13.` ` With regard to the third statutory factorwhether other stations eligible to be carried serve  xthe communities in questionin general, we do not believe that Congress intended this third criterion to  x{operate as a bar to a station's ADI claim whenever other stations could also be shown to serve the  xkcommunities at issue. Rather, we believe that this criterion was intended to enhance a station 's claim  S -where it could be shown that other stations do not serve the communities at issue.q  {O4-ԍSee TV Alabama, Inc., para. 16, DA 971429 (released July 9, 1997).q  S - ` x14.` ` The suggestion that, if WJUETV is granted additional carriage rights in the Lansing ADI  xit should lose carriage rights in the Grand RapidsKalamazooBattle Creek ADI is not a matter that can be addressed in the context of this proceeding.  S0-T 5FCLAUSES T  S- ` ATP x15.` ` Accordingly, IT IS ORDERED, pursuant to 614(h) of the Communications Act of 1934,  x~as amended (47 U.S.C. 534) and 76.59 of the Commission's Rules (47 C.F.R. 76.59)  xthat the petition for special relief (CSR4984A), filed March 25, 1997, on behalf of Horizon Broadcasting Corporation IS GRANTED.  S-x16.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION '#FI1.' x` `  hh@William H. Johnson  S-x` `  hh@Deputy Chief, Cable Services Bureau