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For purposes of this calculation, both overtheair and cable television  S`-viewing are included.$`"\ yO"-  xԍBecause of the topography involved, certain counties are divided into more than one sampling unit. Also, in   certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {O -  preponderance of the audience in that county. For a more complete description of how counties are allocated, see  {O| -Arbitron's Description of Methodology.   S-  ~3.` ` Under the Act, however, the Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) provides that the Commission may:  ~Xwith respect to a particular television broadcast station, include additional communities  within its television market or exclude communities from such station's television market to better effectuate the purposes of this section.  In considering such requests, the Act provides that:  BXthe Commission shall afford particular attention to the value of localism by taking into account such factors as    XX` ` (I) whether the station, or other stations located in the same area, have   )been historically carried on the cable system or systems within such community;x`   #XX` ` (II) whether the television station provides coverage or other local service to such community; `   #&XX` ` (III) whether any other television station that is eligible to be carried by a cable   #6system in such community in fulfillment of the requirements of this section   #rprovides news coverage of issues of concern to such community or provides   #carriage or coverage of sporting and other events of interest to the community; and `   XX` ` (IV) evidence of viewing patterns in cable and noncable households   within the areas served by the cable system or systems in such  S-community.\ yO$-ԍCommunications Act of 1934, as amended, 614(h)(1)(C)(ii), 47 U.S.C. 534(h)(l)(C)(ii).x`  S-4.` ` The legislative history of this provision indicates that: "`,_(_(II"Ԍ Xwhere 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.  l $ * * * * *lU   #X` ` [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  Brights. These factors are not intended to be exclusive, but may be used to demonstrate  S -that a community is part of a particular station's market.Z \ yO -ԍH.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992).Z   S -  5.` ` The Commission provided guidance in its Report and Order in MM Docket 92259, supra, to aid decision making in these matters, as follows:  ~XFor example, the historical carriage of the station could be illustrated by the submission  S2- 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  S- of mileage. Coverage of news or other programming of interest to the community  could be demonstrated by program logs or other descriptions of local program offerings.  The final 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  ST-with additional data concerning viewing in cable homes.QTX\ yOL-ԍ8 FCC Rcd at 2977 (emphasis in original).Q   S-  36. ` ` As for deletions of communities from a station's market, the legislative history of this provision indicates that:  XThe provisions of [this subsection] reflect a recognition that the Commission may conclude that  "a community within a station's ADI may be so far removed from the station that it cannot be  deemed part of the station's market. It is not the Committee's intention that these provisions be  used by cable systems to manipulate their carriage obligations to avoid compliance with the  _objectives of this section. Further, this section is not intended to permit a cable system to  discriminate among several stations licensed to the same community. Unless a cable system can  point to particularized evidence that its community is not part of one station's market, it should  not be permitted to single out individual stations serving the same area and request that the cable"t#,_(_(II%"  S-system's community be deleted from the station's television mar ket.^\ yOh-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992). ^(#   S-  7.` ` In adopting rules to implement this provision, the Commission indicated that requested   changes should be considered on a communitybycommunity basis, rather than on a countybycounty   .basis, and that they should be treated as specific to particular stations rather than applicable in common  S8-  [to all stations in the market. Z8X\ yO0-  ,ԍ8 FCC Rcd at 2977 n.139. Viewership information cited herein is county data, rather than communityspecific   Zdata. Absent evidence that such data is not fairly reflective of viewing in the actual communities in question, we  {O -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 1992  S-Cable Act, that a station not be deleted from carriage during the pendency of a market change request.< z\ yO* -ԍ47 C.F.R. 76.59.<  S-  MARKET MODIFICATION ARGUMENTS ă  Sp-  o8.` ` KZKI is licensed to serve San Bernardino, California, which is part of the Los Angeles,   California ADI. The cable communities are all located in Los Angeles County, California and are all   >presently assigned to the Los Angeles, California ADI. In support of its request, CVI notes that the   kclosest cable community is about 64 miles from KZKI's city of license, San Bernardino, which is also   zlocated about 74 miles from CVI's headend at Chatsworth. According to CVI, this distance combined   jwith the fact that the specified cable communities in the San Fernando Valley are surrounded by the Simi   [Hills to the west, the Verdugo Mountains to the east, the Santa Monica Mountains to the south, and the  SX-  Santa Susana Mountains, as well as the San Gabriel Mountains, to the north and to the northeast, prevents   CVI from obtaining a good quality offair signal from KZKI, despite the fact that the station does place   a Grade B signal over the cable communities. The poor signal quality is one reason why CVI has never   carried KZKI, even though it has been operational since early 1994. Another reason for KZKI's lack of   [carriage is the station's infomercial format, which CVI contends has no particular interest or appeal to its   subscribers, who have access to eleven closer Los Angeles broadcast stations that are carried by CVI, and   that provide news, public affairs, sports, and public service programming designed to meet subscribers'   specific needs and interests. CVI adds that it is unlikely that KZKI broadcasts any meaningful local news   or public affairs programming and notes that KZKI has no reported offair viewing in Los Angeles  S-  \County. According to CVI, KZKI also is not listed in the Los Angeles edition of TV Guide or in the  S-  .Sunday TV magazine section of the Los Angeles Times, the Daily News, or The Sun. CVI notes that the   Commission has previously modified ADI markets where the distances involved were in the 6474 mile   range, as in this case, particularly where the presence of natural phenomena including valleys, waterways, and mountains also separate the cable communities involved from the television station concerned.  S-  9.` ` In its opposition, KZKI argues that Congress rejected factors such as terrain, geographic   distance, and failure to provide an overtheair signal in the cable community as being dispositive of   television stations' mustcarry rights. KZKI notes that both it and the specified cable communities are   located in the Los Angeles ADI. KZKI contends that it is entitled to carriage in those communities unless   the cable operator, which it notes has the burden of proof, can demonstrate that the purposes of the must  jcarry rules will be better effectuated by grant of the requested market modification. According to KZKI,   CVI has failed to do this. KZKI notes that the Commission added San Bernardino to the Los Angeles"   ,_(_(II!"ԫ  CoronaFontanaRiverside television market in its list of hyphenated television markets. KZKI contends   that this demonstrates that the Commission found stations in these communities to be competitors ". . .  S-for economic support and thus these communities form an economic market."s \ {O-ԍSee Report and Order in MM Docket No. 93304, 10 FCC Rcd 9298 (1995).s  S`-  P10.` ` Addressing the four statutory market modification factors, KZKI states that Congress did   not intend the lack of historical cable carriage to count against small, independent stations seeking to   enforce their mustcarry rights, because this would prevent weaker stations from ever being carried. KZKI   adds that this reasoning is particularly apt in the present circumstance where it remained dark for two   years before returning to the air in 1994. According to KZKI, it does provide programming targeted to   the needs and interests of the residents in the twelve communities specified, and it contends that the must  carry rules do not specify a minimum amount of local programming a station must broadcast in order to   be entitled to mandatory carriage. KZKI notes that it airs programming by community organizations and   by businesses during the day, and that during the night, it broadcasts nineteen hours weekly of religious  S -  programming.u X Z\ yO-  -ԍAccording to a "Declaration" by KZKI's General Manager, Terry Crosby, the station has broadcast Chinese   language programming on local and Hong Kong news, as well as three hours of children's programming weekly, onehalf hour of public affairs programming weekly, and onehalf hour of local news daily.u KZKI states that it has broadcast programs from local hair salons, auto dealers, and   medical doctors, as well as a weekly talk show called "Talk Town" and a public affairs program entitled  S -  "Southern Exposures."7 X z\ yO-  ԍAccording to KZKI, some recent segments of this series focused on The Children's Fund, teen pregnancy,   ;gender and race issues on local Indian reservations, and crime fighting efforts in San Bernardino County by the local District Attorney.7 KZKI adds that it is negotiating to provide both Spanish and Korean language   programming, and it states that cable carriage throughout its ADI will provide both the viewers and the   kfinancial base necessary to ensure its viability and to enhance its ability to expand its offering of local   programming. With respect to the quality of its signal, KZKI states that it has already spent over $10,000  S-  to deliver a good quality signal to CVI's principal headend by means of a "fiber feed."G\ {OB-ԍSee Crosby "Declaration."G KZKI also   claims that mandatory carriage of local broadcast stations enhances the diversity of programming available   to cable subscribers and therefore that a cable operator should not ". . . bolster its request to delete   communities from a station's television market whenever it could show that other stations in the market  Sh-  \serve the cable community."sh, \ {O4-ԍNationwide Communications, Inc., 10 FCC Rcd 13050, 13053 n.22 (1995).s Citing the Bureau's prior decision in Greater Worcester Cablevision,Gh \ yO -ԍ10 FCC Rcd 12569, 12572 (1995).G   kKZKI adds that viewing ratings are also of no probative value when a cable operator seeks.to delete a   struggling independent station. This is especially true in the case of new stations, according to KZKI,  S-which adds that it may take up to three years for them to establish viewership patterns.N \ yO$-  ,ԍAccording to KZKI, the present licensee acquired the station in May 1995. Prior to that, the station had been dark for two years before it began broadcasting again on January 3, 1994.  S-  211.` ` In its reply, CVI notes that it never carried KZKI, even though the station returned to the",_(_(II"   yair in early 1994. CVI emphasizes that the Commission considered the competitive structure of the local   television market when it decided to add San Bernardino to the hyphenated Los Angeles television market.   kHowever, the instant issue is whether or not the specified cable communities, which are separated by   mountainous terrain, by geographic distance, and by numerous other population centers, in fact are located  S`-  kbeyond KZKI's service area.  CVI adds that KZKI has not cited any events or issues it has broadcast   which were of particular concern or interest to subscribers in the designated communities and contends   that KZKI's future programming plans are too uncertain to be factored into the market modification   equation. CVI also notes that KZKI has attained no measurable viewing share in the specified cable   communities. According to CVI, KZKI's infomercialdominated format has little relevance or appeal to   CVI's subscribers, who receive all the sports, local news, public affairs, and public service programming   Lthey need from the other Los Angeles stations CVI already carries. CVI argues that, despite its Grade B contour, the designated cable communities are actually located outside KZKI's "local service" area.  S -  12.` ` In its carriage complaint, KZKI states that it initially elected mustcarry status on CVI's   \system commencing January 1, 1997, by letter dated October 1, 1996. Receiving no response to this   letter, KZKI sent CVI a formal written carriage request on February 11, 1997, in which KZKI outlined   its eligibility for carriage on CVI's system, as well as its commitment to delivering a good quality signal   [to CVI's principal headend. CVI, however, failed to respond to KZKI's letter, and thereafter KZKI filed   this complaint within sixty days, pursuant to  76.7(c)(4)(iii)(B) of the Commission's rules. KZKI notes   zthat it is assigned to the same ADI as the specified cable communities, and that CVI will not owe any  S-  yadditional copyright fees as a result of KZKI's carriage. Citing the Bureau's prior decision in Cablevision  S-  [Systems Corp.,?\ yO$-ԍ11 FCC Rcd 2362 (1995).? KZKI notes that the use of fiber optic cable has been specifically authorized and that it uses this technology to deliver a good quality signal to CVI's principal headend.  SF-  13.` ` In its opposition, CVI asks that the Bureau consider the above mustcarry complaint and   jits market modification petition together. CVI adds that KZKI has no offair viewing in the Los Angeles   zmarket, and that the station provides no local broadcast programming service to the communities CVI   serves. CVI contends that KZKI actually is not a "local" station to the designated cable communities, and   that CVI's subscribers' requirements for local news, sports, public affairs and public service programming are being met by the numerous other stations CVI already carries from Los Angeles.  S.-  14.` ` In reply, KZKI notes that CVI does not dispute the fact that the station is in the same ADI   as are each of the specified cable communities, or that KZKI delivers a good quality signal to CVI's   principal headend. KZKI adds that CVI also has not explained its lack of response to KZKI's carriage   request. Instead, CVI filed a market modification request, which KZKI contends has no merit. According   to KZKI, CVI's attempt to postpone its legitimate carriage obligations should not be countenanced any longer.  S -  ANALYSIS AND DISCUSSION  S -  S!-  _15.` ` We are not persuaded by CVI's arguments with respect to the market modification request   Land will therefore deny the deletion request. This result is consistent with the Bureau's determination in  Sv#-  Chronicle Publishing Company.Dv#X\ yOn'-ԍ10 FCC Rcd 9474 (CSB, 1995).D In that Memorandum Opinion and Order, the Bureau denied the cable"v#,_(_(II$"   operator's request to delete Thousand Oaks, Fillmore, Moorpark, Newbury Park, Westlake Village,  S-  Agouras Hills, Oak Park, and Calabasas from KZKI's market. All of the Chronicle communities are in   the Los Angeles ADI are further away from KZKI than the San Fernando Valley communities at issue here.  S:-  16.#J ` ` Like the cable operator in Chronicle, CVI focuses on the four factors specifically   .referenced in the statute and presses the argument that KZKI is not entitled to carriage for the following   reasons: 1) it has not been carried historically; 2) it has no audience in the communities; 3) it provides   no programming specifically for the communities; and 4) the communities receive service from, and the   systems carry the signals of, other stations that do provide coverage of issues of concern to the   communities. Because to some extent the exclusionary factors pointed to by CVI apply throughout the   entire Los Angles ADI, their application in the manner suggested generally does not help to identify the   shape of the market for KZKI. These factors are of relevance as a means to distinguish among   communities within a market to define the boundaries of the market not to excuse specific cable systems from compliance with the rules.  S -  B17.` ` While the information submitted relating to these factors provides some guidance as to   the market of the station in question, it does not sweep as broadly as petitioner argues. Historical carriage   should not be given great weight because to do so would tend to defeat the underlying purposes of the   carriage requirements, unless carriage patterns for KZKI serve to delineate the shape of its market.   zKZKI's carriage patterns do not indicate the shape of the market because it ceased operations for two   lyears prior to 1994, and as a result, was not providing service to, or being carried by operators in,   .communities clearly within its Grade B contour. The interruption in broadcasting, and attendant lack of   cable carriage, may also explain the station's lack of reported viewership in the relevant cable  SD-  communities. Congress could not have intended for stations to have cable communities deleted from their   /markets where broadcasters efforts to attain carriage on systems within their Grade B contours were   derailed by circumstances not contemplated in Section 614 and that resulted in particular station's audience shares being less significant than those of several other stations with which they compete.   S|-  18.` ` Moreover, we find that the station's Grade B contour coverage of the communities satisfies   ]the local service element. Grade B contour coverage guides us in the market modification analysis  S,-  Mbecause it is a reliable indicator of the economic reachF",\ {O-   ԍSee Amendment of Section 76.51 (OrlandoDaytona Beach, Melbourne, and Cocoa, Florida), 102 FCC 2d 1062,   1070 ("We believe that television stations actually do or logically can rely on the area within their Grade B contours for economic support."). F of a particular television station's signal. The  S-  Commission recognized this approach in its Broadcast Signal Carriage Report and Order, when it stated   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 over the cable community  S-  or is located close to the community in terms of mileage."?\ yO#-ԍ8 FCC Rcd at 29762977.? In addition, KZKI is not as geographically   distant as CVI argues. In this case, the station's transmitter atop Sunset Ridge is no more than 52 miles   away from Canoga Park, the furthest cable community at issue, and Sherman Oaks, the closest cable">B,_(_(II "  S-  community to the transmitter, is no more than 40 miles away. \ yOh-  ԍMount Wilson and Sunset Ridge are the two antenna farms in the Los Angeles ADI where the majority of the   ,broadcasters have their transmitters. All of the VHF stations in the market as well as a number of UHF stations are   -on Mount Wilson, which is roughly 30 miles from Canoga Park, the furthest cable community here. The Sunset Ridge antenna site is approximately 22 miles east of Mt. Wilson. Finally, unlike the Chronicle decision   =where the Santa Monica mountains were a delineating geographic factor dividing the eastern and western   portions of Ventura County for must carry purposes, an analysis of the terrain in this case does not   persuade us that there is a basis for distinguishing the communities in the San Fernando Valley from the rest of the Los Angeles market.  S-  19.` ` Another factor to consider in deletion cases is the availability of other broadcasters in the   0market. 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 is not providing local service to those   =communities, the issue of local coverage by other stations becomes a factor to which we will give greater   weight than in cases where a party is seeking to add communities. A cable operator's deletion request will   not automatically be granted "whenever" it can show that it carries other local stations. Rather, 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 the station's market.   We find that the presence of other stations does not weigh in favor of granting the deletion request   because it is clear that KZKI covers the cable communities with a Grade B contour; thus, the station is   providing local service. In this case, the third statutory factor and the evidence presented in the record,  SZ-  kactually work to the detriment of the operator. The TV Guide listing CVI attaches as an exhibit to its   zpleading shows that it is carrying KSCI and KDOC, two television stations broadcasting from Sunset   Ridge, the same transmitter site that KZKI broadcasts from. The carriage of these similarly situated small   independent UHF stations, but not KZKI, is contrary to Congress' stated policy that cable operators should   not be permitted to use the market modification process to single out individual stations serving the same  S-area and request that the cable system's community be deleted from the station's television mar ket.A\ {O-ԍSee para. 6, supra.A  SD-  A 20.` ` Having determined that deletion of the communities in question from KZKI's market area,   .we will also will grant KZKI's signal carriage complaint. KZKI is still part of the Los Angeles ADI vis  avis CVI's cable communities and the station is committed to providing a good quality signal to   operator's principal headend. We find that KZKI is a qualified UHF television station entitled to carriage on CVI's system serving the specified communities.  ST-1' ORDERING CLAUSES ă  S-  O21.` ` Accordingly, IT IS ORDERED, pursuant to 614(h) of the Communications Act of 1934,   as amended, 47 U.S.C. 534, and 76.59 of the Commission's Rules, 47 C.F.R. 76.59, that the petition   for special relief (CSR4980A) filed March 25, 1997 on behalf of West Valley Cablevision Industries,  S-Inc. IS DENIED.  S<-  22.` ` IT IS FURTHER ORDERED, that the complaint filed March 25, 1997 (CSR4981M)  S -  by Paxson Los Angeles License, Inc. IS GRANTED in accordance with  614(d)(3) of the   Communications Act of 1934, as amended (47 U.S.C.  534) and 47 C.F.R.  76.56(b). West Valley" B,_(_(IIe""  S-  Cablevision Industries, Inc. IS ORDERED to commence carriage of KZKI sixty (60) days after the   release date of this Order. KZKI shall notify the relevant cable system in writing of its carriage and   channel position elections (76.56, 76.57, and 76.64(f) of the Commission's Rules) within thirty (30) days of the release date of this Order.  S8-  _23.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. 47 C.F.R. 0.321. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,William H. Johnson  S -` ` hh,Deputy Chief, Cable Services Bureau#Xj\  P6G;+XP#