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2e=5,&e4  pG;&           yO- X   ) S-  #&a\  P6G;&P#Federal Communications Commission`}(#DA 971776 ă  yxdddy ) #z Ԋ #z  v3 Before the Federal Communications Commission  yO} Washington, D.C. 20554 ă  S -#&a\  P6G;&P#In re:R) R)  S-MediaOne, Inc. hh@hCSR5012AR) R) For Modification of the ADI ofR) Station WNGMTVR) R)  S -Complaint of Whitehead Media ofhh@hCSR4990MR) Georgia, Inc.R) againstR) MediaOne, Inc.R) R) Request for CarriageR)  S-  MEMORANDUM OPINION AND ORDER TP  Sx-X` hp x (#%'0*,.8135@8:States is allocated to a market based on which homemarket stations receive a preponderance of total  xviewing hours in the county. For purposes of this calculation, both overtheair and cable television  S-viewing are included.$") yO - xԍ Because of the topography involved, certain counties are divided into more than one sampling unit. Also, in  xcertain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {Ob - xpreponderance of the audience in that county. For a more complete description of how counties are allocated, see  {O, -Arbitron's Description of Methodology.  S- ` ~x3.` ` Under the Act, however, the Commission is also directed to consider changes in market areas. Section 614(h)(l)(C) provides that the Commission may: xwith respect to a particular television broadcast station, include additional xcommunities within its television market or exclude communities from such xstation's television market to better effectuate the purposes of this section. In considering such requests, the 1992 Cable Act provides that: xthe Commission shall afford particular attention to the value of localism by xtaking into account such factors as x(I) whether the station, or other stations located in the same area, have xbeen historically carried on the cable system or systems within such xcommunity; x(II) whether the television station provides coverage or other local service xto such community; x(III) whether any other television station that is eligible to be carried by a cable xsystem in such community in fulfillment of the requirements of this section xprovides news coverage of issues of concern to such community or provides xcarriage or coverage of sporting and other events of interest to the community; xand x(IV) evidence of viewing patterns in cable and noncable households within the xareas served by the cable system or systems in such community. ",p(p(88"Ԍ S-x #z ` #z 4.` ` The legislative history of this provision indicates that: xwhere the presumption in favor of ADI carriage would result in cable subscribers xlosing access to local stations because they are outside the ADI in which a local #z ` #z  xcable system operates, the FCC may make an adjustment to include or exclude xparticular communities from a television station's market consistent with Congress' xobjective to ensure that television stations be carried in the areas in which they xserve and which form their economic market.  S-X` hp x (#%'0*,.8135@8: ) yO-ԍ 47 C.F.R. 76.59.>  S -q ARGUMENTS OF THE PARTIES ĐTP  SX- ` Ax8.` ` Signal Carriage Complaint (CSR 4990M). WNGMTV states that its city of license and  xthe communities MediaOne serves are all located in the Atlanta ADI, and that WNGMTV is thus entitled  xto carriage on MediaOne's cable systems. WNGMTV further states that it provides a good quality signal  xto MediaOne's headends, that carriage of WNGMTV will not result in increased copyright fees to  xMediaOne, and that the station's signal does not substantially duplicate that of any other local commercial  xkstation that MediaOne carries. WNGMTV states that MediaOne, by letter dated February 3, 1997,  xyfollowing months of discussions, formally denied WNGMTV's carriage request. Accordingly, WNGMTV requests that the Commission now order MediaOne to commence carriage of WNGMTV's signal.  S- ` `x9.` ` In response to WNGMTV, MediaOne argues that WNGMTV's complaint should be  xdismissed as procedurally defective because it does not specifically allege the manner in which the cable  xoperator has failed to meet its obligations. MediaOne states that WNGMTV is an affiliate of the Infomall  xLTV Network, as is WTLKTV (Channel 14), Rome, Georgia, another station which MediaOne currently  SR- xcarries. MediaOne further states that, pursuant to 76.56(b)(5) of the Commission's rules,m Rx) {Oj -ԍ 47 C.F.R. 76.56(b)(5). See also 47 U.S.C. 534(b)(5).m it need not  xcarry more than one affiliate of a particular broadcast network. MediaOne notes that it informed WNGM xjTV of this in rejecting the station's carriage request, but that WNGMTV makes no mention of this in its  xcarriage complaint. MediaOne argues, therefore, that WNGMTV's complaint does not state all pertinent facts fully and precisely, and must be dismissed.  Sb- ` _x 10.` ` Substantively, MediaOne argues that a "broadcast network" is defined for purposes of the  xmustcarry rules as "an entity that offers programming on a regular basis for 15 or more hours per week":  ,p(p(88 "  S- xLto at least 25 affiliates in 10 or more states."A ) yOh-ԍ 47 C.F.R. 76.55(f).A MediaOne states that the Infomall TV Network is owned  xjby Paxson Communications Corporation ("Paxson"), and, according to Paxson's home page on the World  S- xWide Web,f X) yO-ԍ The world wide web site is http://www.paxson.com/TVmain.htm.f the Infomall TV Network provides programming on a regular basis to thirtyseven affiliates  x/located in twenty states, the District of Columbia, and Puerto Rico. MediaOne also submits sample  x|program schedules for WNGMTV and WTLKTV, which show that WNGMTV broadcasts  xzapproximately fortyeight and onehalf hours of Infomall TV Network programming per week, while  xWTLKTV broadcasts approximately thirtyfour and onehalf hours of such programming. MediaOne  xnotes that a Paxson subsidiary, Paxson Communications of Atlanta14, Inc. ("Paxson Atlanta"), is the  xlicensee of WTLKTV, which MediaOne carries on all of its cable systems. In addition, MediaOne  xsubmits a copy of a Time Brokerage Agreement between Paxson Atlanta and WNGMTV. MediaOne  xstates that pursuant to this agreement, Paxson has programmed virtually all of WNGMTV's air time since  xLMay 1996. Finally, MediaOne notes that it is submitting a petition to modify the ADI of WNGMTV,  xto delete the communities MediaOne serves from the station's ADI. MediaOne states that this petition  xLwill show that not only is WNGMTV not a local signal for the communities MediaOne serves, but also that WNGMTV's programming is in fact harmful to the public.  S - ` Px 11.` ` In reply, WNGMTV argues that its petition was properly filed. WNGMTV states that  xit has stated in its petition how MediaOne has failed to meet its obligations under the mustcarry rules,  x[and the basis for these allegations. WNGMTV further states that it is not a network affiliate within the  xmeaning of 76.56(b)(5) of the Commission's rules. WNGMTV argues that in adopting this rule, the  xyCommission intended only to treat as networks those entities considered "traditional national networks,"  S- x>pursuant to 73.3613(a)(1) of the Commission's rules.~ ) {O@-ԍ WNGMTV cites the Report and Order in MM Docket No. 92259, 8 FCC Rcd at 2980.~ This rule defines a network as "any person,  xentity, or corporation which offers an interconnected program service on a regular basis for 15 or more  Sh- xhours per week to at least 25 affiliated television licensees in 10 or more states . . . ."Fhz) yO-ԍ 47 C.F.R. 73.3613(a)(1).F WNGMTV  xargues that the Commission recognized in March 1996 that the only entities which meet this definition  S- xyare ABC, CBS, Fox, and NBC.v ) {O-ԍ WNGMTV cites Dual Network Operations, 11 FCC Rcd 12374, 12376 (1996).v In addition, WNGMTV contends that because Infomall TV Network's  xyprogramming "typically consists of home shopping episodes and programlength commercials," and does  x/not provide entertainment programming or traditional major network sports and news coverage," the  xInfomall TV Network cannot therefore be considered a traditional national network. Moreover, WNGM xTV states that although the network definition in 76.56(b)(5) of the Commission's rules uses the word  x"programming", while the definition in 73.3613(a)(1) of the Commission's rules uses the phrase  x"interconnected program service." the Commission did not articulate any reason for this word change in  x{adopting the Part 73 definition for purposes of the Part 76 mustcarry rules. WNGMTV argues,  xtherefore, that the Part 73 requirement of interconnectivity is implicit in the Part 76 definition. WNGM xTV notes that stations receiving Infomall TV Network programming receive the programming by means  xof prerecorded videotapes, and not via satellite distribution. WNGMTV maintains accordingly that the  xzInfomall TV Network is not a network within the meaning of 76.56(b)(5) of the Commission's rules. "`,p(p(88"  x!WNGMTV argues in addition that it is not an affiliate of a network, because it has no affiliation  S- xagreement with the Infomall TV Network or any network.z) {O@-ԍ WNGMTV cites Adell Broadcasting Corporation, 9 FCC Rcd 2488, 2489 (1994).z Finally, WNGMTV contends that MediaOne's opinion of WNGMTV's programming is not relevant to this proceeding.  S`- ` `x 12.` ` MediaOne, in response to WNGMTV's reply,x`Z) yOZ-ԍ MediaOne has filed a contemporaneous "Motion for Leave to File an Opposition."x argues that the Infomall TV Network  xclearly satisfies the applicable definition of a network, which is that found in 76.56(b)(5) of the  x=Commission's rules. MediaOne notes that WNGMTV does not dispute that the Infomall TV Network  xoffers more than fifteen hours per week of programming to thirtyseven affiliates located in twenty states,  x<the District of Columbia, and Puerto Rico. MediaOne states that it is not relevant whether, as WNGMTV  xargues, the Infomall TV Network meets the definition of a network contained in 73.3613(a)(1) of the  xCommission's rules. MediaOne further states that the Commission in fact rejected this definition in  SH - xchoosing to define a network for purposes of the mustcarry rules.H ) {O- xZԍ MediaOne cites the Notice of Proposed Rule Making in MM Docket No. 92259, 7 FCC Rcd 8055, 8061 n.  {O-32 (1992) and the Report and Order in MM Docket No. 92259, 8 FCC Rcd at 2980. MediaOne contends that both  xjCongress and the Commission sought to ensure that the mustcarry rules did not force cable operators to  S - xcarry duplicative commercial broadcast network signals, F) yO- x<ԍ MediaOne cites H.R. Rep. 102628, 102d Cong., 2d Sess. 94 (1992); S. Rep. No. 92, 102d Cong., 1st Sess.  {O-85 (1991); Report and Order in MM Docket No. 92259, 8 FCC Rcd at 2980. which is a different goal than that underlying  xLthe Part 73 rules which seek to guard against anticompetitive activity by potentially dominant broadcast  S - x>networks. ) {O- xYԍ MediaOne cites Notice of Proposed Rule Making in MM Docket No. 9592, 10 FCC Rcd 11951, 1195211954  {O- x(1995); Notice of Proposed Rule Making in MM Docket No. 91221, 7 FCC Rcd 4111, 4117 (1992); Radio Corp.  {O|- xJof America, 10 FCC 212, 213 (1943); Report on Chain Broadcasting, Commission Order No. 37, Docket No. 5060  {OF- x(May 1941), modified, Supplemental Report on Chain Broadcasting (October 1941), appeal dismissed sub nom.  {O-National Broadcasting Co. v. United States, 47 F.Supp. 940 (S.D.N.Y. 1942), aff'd, 319 US 190 (1943). MediaOne maintains, therefore, that the definitions of a network in each of the rules are  xproperly different and distinct. MediaOne argues that whether the Infomall TV Network is considered  xNa traditional network is also irrelevant, for in adopting 76.56(b)(5) of the Commission's rules the  xCommission stated that, for purposes of implementing the mustcarry rules contained in the  xLCommunications Act, it was specifically adopting are rule "flexible enough to accommodate the changing  S- xvideo marketplace."lZ ) {O-ԍ Report and Order in MM Docket No. 92259, 8 FCC Rcd at 2980.l Accordingly, the Infomall TV Network need only meet the specific criteria of  x>76.56(b)(5) of the Commission's rules to qualify as a network for purposes of the mustcarry rules.  S- x=MediaOne notes that the Home Shopping Network has been found to meet this definition.) {O#- xԍ MediaOne cites Jovan Broadcasting Corp., 10 FCC Rcd 14, 15 n. 8 (1994), and Jovan Broadcasting Corp., 10 FCC Rcd 11, 12 n. 9 (1994). MediaOne  xargues that WNGMTV's claim that interconnectivity is implicit in the definition contained in 76.56(b)(5)  x-of the Commission's rules is not supported by any evidence. In any event, MediaOne states that WNGMTV has not shown that satellite delivery is necessary for a network to be interconnected. "F,p(p(88C"Ԍ S- ` x 13.` ` MediaOne further argues that WNGMTV is an affiliate of the Infomall TV Network, even  xthough the station asserts that it carries programming pursuant to a Time Brokerage Agreement rather than  S- x/an affiliation agreement. Citing Adell Broadcasting Corp., supra, MediaOne argues that the title of a  xstation's contract with a network is irrelevant to the station's status as an affiliate of that network.  xNMediaOne contends that it is the policy underlying 614(b)(5) of the Act and 76.56(b)(5) of the  x/Commission's rules that cable systems should not be required to carry duplicative signals which  xshould control. MediaOne notes that the Commission's rules formerly contained a definition of an affiliate which stated:  S- ` XxX` ` Affiliated station means a station having a regular affiliation with one of  ` the three national television networks, under which it serves as that  ` network's primary outlet for the presentation of its programs in a market.  ` 7It includes any arrangement under which the network looks primarily to  ` this station rather than other stations for the presentation of its programs  ` sand the station chiefly presents the programs of this network rather than  S -another network.O ) yO-ԍ 47 C.F.R. 73.658(l)(1)(3) (1994).Ox`  S\- xMediaOne states that the Commission found this definition persuasive in Adell Broadcasting Corp., supra,  xand that this definition describes the relationship between WNGMTV and Infomall TV Network today.  xMediaOne states that WNGMTV is the Infomall TV Network's primary affiliate in the Athens, Georgia  xmarket and seeks to become a duplicative Infomall TV Network affiliate on MediaOne's systems in the  xAtlanta, Georgia market. MediaOne notes that 69% of the Infomall TV Network programming in  xquestion 33.5 hours per week is simulcast on both WNGMTV and WTLKTV, and at least another  x8.5 hours per week is duplicated on a nonsimulcast basis on the two stations, for a total of at least 42  xhours per week (87% of the Infomall TV Network programming). MediaOne further contends that  x.Paxson not only holds an option to acquire WNGMTV, and currently owns the Infomall TV Network,  xybut also advertises and promotes the station as one of Paxson's owned or operated Infomall TV Network  xaffiliates. MediaOne argues that this arrangement gives Paxson even greater control over WNGMTV than  xywould an armslength network/affiliate relationship, and is akin to a network's control over an owned and operated affiliate.  S.- ` x 14.` ` Market Modification Petition (CSR5012A). In its market modification petition,  xMediaOne argues that television stations are entitled to mandatory carriage only in "areas which they serve  S- x<and which form their economic market"]X) yO-ԍ H. R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).] and that a station must satisfy both these tests. MediaOne states  xthat it has never carried WNGMTV on any cable system in the Atlanta metropolitan area, nor has the  xstation been carried on any other cable system in the proximate area. MediaOne notes that the  x\communities it serves are located from 33 to 91 miles from Athens, WNGMTV's city of license, the  xaverage distance being approximately 60 miles. MediaOne states that prior to May 1996, WNGMTV did  xnot place a viewable signal over most of MediaOne's communities. MediaOne acknowledges that after  xWNGMTV moved its transmitter and modified its transmission facilities in May 1996, the station has  x=encompassed some of MediaOne's communities with a Grade A contour and many more communities  xbut not all with a Grade B contour. MediaOne maintains that a station's Grade A contour is a far better  xpresumptive measurement of a station's signal reach than its Grade B contour. In any event, MediaOne"x#,p(p(88%"  xargues that WNGMTV historically has failed and continues to fail to provide any meaningful local service  xto MediaOne's communities. MediaOne states that 151.5 of WNGMTV's 168 weekly broadcast hours  xԩ more than 90% are comprised of programlength commercials. These commercials are largely from  xPaxson's Infomall TV Network, and 95 hours per week approximately twothirds of this programming  xԩ duplicates the programming of WTLKTV, which MediaOne already carries. MediaOne argues that  S8- xNthe Infomall TV Network and other programlength commercials do not constitute local service.8) {O- xYԍ MediaOne cites Time Warner New York City Cable Group, DA 961545 at 20 (released September 17, 1996), and H. R. Rep. 102628, 102d Cong., 2d Sess. 56, 97 (1992).  xMediaOne further notes that most of WNGMTV's remaining programming 15.5 hours of 16.5 hours  xkper week is religious programming, at least 10 hours of which is nationally or regionally syndicated  xpaid programming with no nexus to MediaOne's communities. All but 3 hours of WNGMTV's religious  xprogramming, MediaOne states, duplicates programming already carried by MediaOne on WTLKTV;  xWATC (Channel 57), Atlanta, Georgia; and Atlanta Interfaith Broadcasters, which is provided over a local  xcable channel. Most of the nonduplicative programming is produced by organizations in Athens, Buford,  xand Oakwood, Georgia, and Spartanburg, South Carolina, which MediaOne states are not of local concern.  xMediaOne notes that only a single halfhour program, "Bright Star Church," is produced by a local  xlcommunity organization in Douglasville, Georgia, which MediaOne serves, but that this is generic  xprogramming not directed to any local concern. With regard to WNGMTV's remaining programming,  xMediaOne states that this programming consisting of one hour of children's programming, one hour  xof syndicated informational programming, and one hour of public affairs programming is not directed  x[to local concerns or interests, and is already available to MediaOne's subscribers via Stations WTLKTV and WATC.  S- ` x15.` ` MediaOne additionally argues that WNGMTV's programming is affirmatively harmful  xLto viewers and the public. As examples of this programming, MediaOne points to educational children's  x>programming cited by WNGMTV as having been broadcast in satisfaction of the station's children's  xprogramming obligation. MediaOne cites the November 14, 1996 broadcast of "Worship for Kids," which  xpresented the "fun fact" that, according to the Bible, people can live to be over 900. MediaOne also cites  xthe November 15, 1996 broadcast of "Just for Kids," which stated that adding chocolate chips,  xmarshmallow cream, and jelly to a peanut butter sandwich would make it more nutritious, as would adding  xpopcorn and ice cream. MediaOne argues that WNGMTV's paid religious program "Shepherd's Chapel"  xhas purveyed racist dogma, citing comments by the program's minister on November 13 and 15, 1996 that  x"Not all races can come from Adam and Eve," that "God created different races . . . and that's the way  x he wanted us to stay," and that the Biblical flood "was to destroy those [of different races] who had  xyintermixed." MediaOne further argues that many programlength commercials broadcast by WNGMTV  x[are false, misleading, and fraudulent. Among the instances MediaOne cites are: (1) the program "William  xJ. McCorkle's Secrets of Success," noting that Mr. McCorkle is the subject of state lawsuits for unfair and  xdeceptive advertising, and that the State of Texas has shut down Mr. McCorkle's real estate investment  xseminars; (2) a program sponsored by the Financial Freedom Report, which has been fined by the division  xyof consumer protection in the Utah Department of Commerce and has been charged by the Federal Trade  xCommission with misrepresentation; and (3) the program "Trudeau Marketing Group," which constitutes  xa pyramid scheme, for which the program's sponsor and host, Kevin Trudeau, has been fined by several  xystates, and who has previously been convicted of felony larceny and felony credit card fraud. MediaOne  x[also notes that WNGMTV's public affairs programlength commercials "A Closer Look" frequently use  xLMr. Trudeau as an interviewer, and have promoted, among other products, a filtration system to remove  xk"poison fluoride" from tap water and an "ozone treatment" to cure AIDS. MediaOne also states that"H$",p(p(88%"  x\WNGMTV repeatedly broadcasts a programlength commercial for the "Psychic Friends Network."  x>MediaOne describes this programming as false, fraudulent, and affirmatively harmful, with no public interest or local benefit.  S`- ` x16.` ` MediaOne notes that it carries several Atlanta licensees that provide local news coverage,  S8- x.sports coverage, and public interest programming addressing local issues of concern. 8) yO- x-ԍ These are Stations WSBTV (ABC, Channel 2), WAGATV (Fox, Channel 5), WXIATV (NBC, Channel  x11), WTBS (Ind., Channel 17), WPBA (PBS, Channel 30), WATL (WB, Channel 36), WGNXTV (CBS, Channel  xK46), WATC (Ind., Channel 57), and WUPN (UPN, Channel 69), all Atlanta, Georgia; WGTV (PBS, Channel 8), Athens, Georgia; and WTLKTV (Ind., Channel 14), Rome, Georgia. MediaOne states  xthat the seven Atlanta commercial stations alone, collectively offer approximately 106 hours of local news  x\programming each week, as well as additional public interest programming. These stations also carry  x local sports programming, including Atlanta Hawks basketball (WATL) and Atlanta Braves baseball  S- x(WTBS).) yO -ԍ MediaOne states that its systems also carry SportSouth, a 24hourperday regional sports network. MediaOne further argues that WNGMTV has no audience in the communities in question,  xnoting that Nielsen reports that the station has no viewership share even in Gwinnett and Rockdale  xCounties, the counties closest to WNGMTV's city of license in which MediaOne serves subscribers.  xMediaOne states that Nielsen data since 1992 reveal no viewing of WNGMTV in the communities MediaOne serves.  S - ` x17.` ` MediaOne argues that not only do the four statutory criteria support its petition to modify  xWNGMTV's ADI, but also that Athens, Georgia the station's city of license and Clarke County,  xGeorgia the station's home county form the hub of a local economic market which is separate and  xdistinct from the Atlanta, Georgia metropolitan market which MediaOne serves. MediaOne notes that  xAthens is approximately 60 miles from Atlanta. MediaOne states that Athens and Clarke County are part  xof Georgia's Eleventh Congressional District, while Atlanta and most of the Atlanta metropolitan area  xserved by MediaOne are contained within Georgia's Third, Fourth, Fifth, Sixth, and Seventh Congressional  xDistricts. MediaOne argues that Athens and Clarke County are culturally and commercially separate from  Sh- x[the Atlanta metropolitan area, having two local daily newspapers (the Athens Daily News and the Athens  SB- xBannerHerald), two weekly newspapers, four local commercial AM radio stations, three local commercial  S- x-FM radio stations, and three local noncommercial FM radio stations.J@) yO- xԍ MediaOne also notes that Athens is home to the main campus of the University of Georgia which also  xKprovides sports and cultural activities and that many other local institutions of higher education are located in  xClarke County, as well as two local hospitals, the Athens Zoo, local parks, a local symphony, and local theatre,  xdance, and other art groups. MediaOne notes as well that Athens has its own local airport, as well as local rail and motor carrier service.J MediaOne states that the combined  S- xdaily circulation of the Athens Daily News and the Athens BannerHerald in Athens and Clarke County  S- x>is nearly three times as large as that of the Atlanta Journal and the Atlanta Constitution. ) yO^#- xԍ MediaOne states that 37% of Athens/Clarke County households subscribe to the Athens daily papers, while fewer than 13% subscribe to the Atlanta daily papers. MediaOne  xLsubmits computergenerated maps from Claritas, Inc., a market research service, which MediaOne states  xdemonstrate that the Atlanta metropolitan market is a heavily concentrated area of population and  x{economic activity analyzed by population density, number of retail businesses, number of total  xkbusinesses, retail sales volume, and total sales volume that is separated by a substantial intervening"0 H ,p(p(88{"  xdistance of comparatively low population and economic activity from the smaller concentration of  x{population and economic activity that constitutes the Athens/Clarke County market. In addition,  x=MediaOne submits statements from Atlanta area advertising agencies and businesses which indicate that  x.the agencies do not consider WNGMTV to be part of the Atlanta market and that WNGMTV has not  xjcontacted these businesses for advertising. MediaOne notes that the United States Census Bureau treats  xMAthens as a separate Metropolitan Statistical Area from Atlanta, as has the Federal Communications  S-Commission.X) yOx-ԍ MediaOne cites 47 C.F.R. 76.51, 76.53.X  S- ` x18.` ` In opposition to MediaOne, WNGMTV states that it is decisionally significant that its  S- xycurrent Grade B contour covers the vast majority of the areas MediaOne serves.^XX) yO - xԍ WNGMTV states that the only areas which the station's Grade B contour does not encompass are portions  xof Fayette and Douglas Counties. WNGMTV alleges that it places a Grade A contour over all of Gwinnett, Rockdale, and DeKalb Counties, and over most of the City of Atlanta.^ In addition, WNGM xTV states that its transmitter site is now at a mean distance of only 42.2 miles from MediaOne's  xicommunities. In view of these recent improvements, WNGMTV contends that its inability to demonstrate  S - xa history of carriage in the communities in question should not be accorded decisional weight.  x) {O8- xԍ WNGMTV cites The World Company d/b/a Columbine CableVision, 11 FCC Rcd 5662, 5671 (1996); Avenue  {O- xTV Cable Service, Inc., 11 FCC Rcd 4803, 4811 (1996); and The Chronicle Publishing Company d/b/a Ventura  {O- xxCounty Cablevision, 10 FCC Rcd 9474, 9481 (1995). WNGMTV also notes that until 1994, it was considered a  xdistant signal for copyright purposes in many of MediaOne's communities, which also would have impacted on the  {O^-station's carriage history, citing Greater Worcester Cablevision, Inc., 10 FCC Rcd 12569, 12572 (1995). WNGM xTV states that several Atlantaarea cable operators carry the station, including those operating in counties  xwhere MediaOne currently serves subscribers. WNGMTV argues that this should be taken into account  S - xyin analyzing the station's history of carriage.! 0 ) {Ox-ԍ WNGMTV cites Comcast of Central New Jersey, DA 971191 (released June 5, 1997). In addition, WNGMTV asserts that MediaOne's carriage  xof WGTV, the other Athens licensee, but not WNGMTV, is the kind of discriminatory treatment  SX- xLCongress sought to prevent through passage of the mustcarry provisions of the Communications Act.m"X ) yO-ԍ WNGMTV cites H.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992).m  x\WNGMTV notes that its transmitter and that of WGTV are both located northeast of Atlanta, both  xstations' signals cover much of the Atlanta metropolitan area, and both stations' main offices are located  S- xin the Atlanta area.#R ) yO- xԍ WNGMTV states that its main studio facilities are located in Marietta, a community MediaOne seeks to delete from the station's ADI. WNGMTV asserts that it provides locally oriented programming that addresses the  xcommunities' needs. WNGMTV states that "Athens Community Forum" frequently addresses issues of  x.interest to the Atlanta area and features guests from Atlanta or neighboring communities such as College  xPark, Decatur, East Point, Ellenwood, Marietta, and Stockbridge. WNGMTV also notes that "Daybreak"  xhas aired several programs about organizations or events of interest to MediaOne's communities. WNGM xTV argues that it is unquestionably part of the Atlanta television market, which is the only market  xspecified by Congress for signal carriage purposes, and not metropolitan statistical areas, trading areas,  xor Congressional districts. WNGMTV states that the relevant industry sources, Arbitron and Nielsen,  xboth treat Athens as part of the Atlanta television market, and the Commission has recognized Nielsen" #,p(p(88"  S- xmarket assignments as "the most accurate method for determining the areas served by local stations."$) {Oh- xԍ Report and Order and Further Notice of Proposed Rulemaking in CS Docket No. 95178, 11 FCC Rcd 6201, 6220 (1996).  xjWNGMTV further states that as a result of its modifying its facilities and increasing the coverage of the  x=station's Grade B contour, WNGMTV has had to modify its syndication contracts so as not to conflict  x[with Atlanta stations' syndication contracts. In addition, WNGMTV states that it sells programlength  xLand some spot advertisements to at least three dozen Atlanta area businesses, and submits a list of these businesses.  S- ` x19.` ` WNGMTV argues that while MediaOne may carry other ADI licensees which provide  xlocal service to the communities in question, this fact is not relevant in evaluating MediaOne's request  x=to delete its communities from WNGMTV's ADI. WNGMTV states that this factor may be of some  xLweight where the station seeking carriage does not provide local service to the communities, but that this  SH - xis not the case in the instant situation.0%H ") {O - xԍ WNGMTV cites Time Warner Entertainment, DA 97843 at 14 (released April 22, 1997); Panhandle  {O- xLTelecasting Co., 12 FCC Rcd 884, 888 (1997); Channel 56 of Orlando, Inc., 12 FCC Rcd 407, 4081 (1996);  {O- xCablevision Systems Corporation, 11 FCC Rcd 14934, 1494748 (1996); Time Warner Cable, 11 FCC Rcd at 8055  {Oh- xYn. 32; Meredith Corporation, 11 FCC Rcd 6118, 6124 (1996); Time Warner Cable, 10 FCC Rcd at 8044 n. 23; Time  {O2- x,Warner Cable, 10 FCC Rcd 6663, 6667 n. 26 (1995); and North Central Cable Communications, Inc. dba Meredith  {O-Cable, 10 FCC Rcd 4381, 4383 (1995).0 WNGMTV also contends that because of the station's recent  xtechnical upgrade and specialized programming format, WNGMTV's low ratings should not count against  x=it, particularly in view of the program diversity and important service that stations such as WNGMTV  S - xbring to the public.<&\ ) {O- xԍ WNGMTV cites Time Warner Cable, 11 FCC Rcd at 8054; Nationwide Communications, Inc. d/b/a  {O- xEagleVision, 10 FCC Rcd 13050, 13053 (1995); and the Report and Order in MM Docket No. 938, 8 FCC Rcd 5321, 5327 (1993).< WNGMTV also notes that MediaOne has a 67% penetration level in the Atlanta  xmarket, effectively denying its subscribers access to twothirds of the station's audience. WNGMTV  x.argues that the essence of MediaOne's complaint is that MediaOne disagrees with WNGMTV's format  xand programming selections. WNGMTV maintains that MediaOne's value judgments concerning the  xstation's programming cannot constitute a basis for deleting MediaOne's communities from WNGMTV's  S- xjADI.A'( ) {Or- xԍ WNGMTV cites Turner Broadcasting System, Inc. v. FCC, 117 S.Ct. 1174 (1997); FCC v. WNCN Listeners  {O<- xGuild, 450 U.S. 582, 604 (1981); Report and Order in MM Docket No. 938, 8 FCC Rcd at 53275328, 5329; ML  {O- xMedia Partners, L.P., 10 FCC Rcd 9456, 9460 (1995); Kansas City Cable Partners d/b/a American Cablevision of  {O-Kansas City, 10 FCC Rcd 3807, 3809 (1995); and Pray, Inc., 10 FCC Rcd 1053, 1054 (1995).A WNGMTV also notes that it has not carried advertisements for the "Psychic Friends Network" since its current licensee acquired the station in February 1996.  S- ` Qx20.` ` In reply, MediaOne argues that WNGMTV's history of lack of cable carriage must be  Sh- xconsidered without regard to the station's format.(h) {O$- xiԍ MediaOne cites TKR Cable Co., 12 FCC Rcd 3525, 3534 (1997) and Armstrong Utilities, Inc., 12 FCC Rcd 2498, 2504 (1997). MediaOne contends that only five of the fortyseven  xcommunities cited by WNGMTV as having cable systems that carry the station actually are neighboring  x communities of those served by MediaOne, and that WNGMTV has no history of carriage in these" (,p(p(88D"  x.communities, but only recent carriage. MediaOne states that the only area in which WNGMTV has an  x.actual history of carriage is in the Athens/Clarke County area. MediaOne further argues that its carriage  x\of WGTV does not constitute discrimination against WNGMTV. MediaOne notes that WGTV is a  x|noncommercial station, and thus does not compete with WNGMTV for advertising dollars or  xprogramming. In addition, noncommercial stations' carriage rights are predicated upon the stations' Grade  xB service contours and 50mile mileage zones, and not upon ADIs. MediaOne argues that for a  xjcommercial station such as WNGMTV, a Grade B contour is but one of several criteria the station must  S- xmeet in an ADI modification analysis.&)N) {OP- xԍ MediaOne cites, inter alia, Home Link Communications of Princeton, L.P. and ComVideo Systems, Inc., DA  {O - x971148 at 12 (released June 4, 1997); Cablevision Systems Corporation, 12 FCC Rcd 2485, 2491 (1997); Time  {O - xxWarner New York Cable Group, DA 961545 at 13 (released September 17, 1996); Wabash Valley Broadcasting  {O - xCorp., 11 FCC Rcd 19773, 1977819779 (1996); Cablevision Systems Corporation, 11 FCC Rcd 6453, 6478 (1996);  {Ox - xZWTTE, Channel 28 Licensee, Inc., 11 FCC Rcd 6050, 6054, 6060 (1996); Smith Television of New York, Inc., 11  {OB - xFCC Rcd 6025, 6029, 6031, 6033 (1996); The Chronicle Publishing Company d/b/a Ventura County Cablevision,  {O - xJ10 FCC Rcd at 94829483 n. 27; and Amendment of Section 76.51 (Lakeland, Florida), 10 FCC Rcd 5580, 5581 n. 11 (1995).& MediaOne contends that this is particularly so with respect to  xWNGMTV, which only recently increased its Grade B contour coverage and provides no meaningful local  xprogramming service to MediaOne's communities. MediaOne maintains that Paxson underwrote WNGM xTV's facilities upgrade to extend the station's broadcast and mustcarry reach, which is not a public  xinterest goal in view of the station's lack of programming serving the Atlanta metropolitan area.  xMediaOne argues that the relevant distance considerations are not based upon the station's transmitter  x-location, but upon the distance between MediaOne's communities and Athens. MediaOne states that these  x.distances an average distance of 61 miles, a mean distance of 62.5 miles, and a median distance of 63.2  S -miles demonstrate that Athens is not part of the Atlanta market.*^ ) {O&- xiԍ MediaOne cites Armstrong Utilities, Inc., 12 FCC Rcd at 2502 n. 15, 2505; Marcus Cable Associates, L.P.,  {O- x11 FCC Rcd 6868, 6872 (1996); Cablevision Systems Corp., 11 FCC Rcd at 6478; and Frederick Cablevision, Inc.  {O-and C?R TV Cable, Inc., 11 FCC Rcd 4242, 42474248 (1996).  SX- ` x21.` ` MediaOne argues that the examples of local programming cited by WNGMTV were not  xeven included in the station's public file, and some had not even been broadcast , at the time the station  xjrequested carriage. MediaOne contends that belated attempts to upgrade a station's record should not be  S- x=considered as they are not part of the broadcast licensing proceedings.<+( ) {O- xԍ MediaOne cites, e.g., Global Information Technologies, Inc., et al., 8 FCC Rcd 4024, 40304034 (Rev. Bd.  {ON- xw1993); Harry S. McMurray, et al., 8 FCC Rcd 3168, 3169 (Rev. Bd. 1993); Metroplex Communications, Inc. (WHYI {O- xFM), 4 FCC Rcd 8149, 8151 (Rev. Bd. 1989); Harriscope of Chicago, Inc., et al., 3 FCC Rcd 3587, 35893592  {O-(Rev. Bd. 1988); and Rust Communications Group, Inc., 73 FCC 2d 39, 58 n. 34 (1979).< In any event, MediaOne argues  xthat local service is measured not by where program guests happen to reside, but by the local relevance  xof the issues discussed. MediaOne states that the issues cited by WNGMTV on "Athens Community  x\Forum" are of no specific relevance to the Atlanta metropolitan area, but focus predominantly on the  S@- xAthens and Clarke County area., @) yO$- xԍ Among these issues and subjects are the O. J. Simpson trial; child welfare in the State of Georgia; federal  xtax laws; Jackie Robinson and Dr. Martin Luther King, Jr.; the University of Georgia at Athens Forestry club; a  xGainesville, Georgia nonprofit group; the Athens International Council; the Sandy Creek Nature Center in Athens; the Athens area Red Cross; and a book by a professor at the University of Georgia at Athens. MediaOne reiterates that it carries Atlanta licensees that do provide"@ ,,p(p(88E"  xsubstantial amounts of programming responsive to the needs of MediaOne's communities, and that in these  S- xcircumstances, this should be afforded greater weight.-&) {O@- xԍ MediaOne cites Comcast of Central New Jersey, DA 971191 at 24 (released June 5, 1997); Maranatha  {O - xwBroadcasting, Inc., DA 971150 at 35 (released June 4, 1997); Home Link Communications of Princeton, L.P. and  {O- xComVideo Systems, Inc., DA 971148 at 28 (released June 4, 1997); and TCI of Illinois, Inc., et al., DA 971002 at 26 (released May 12, 1997). MediaOne disputes WNGMTV's assertion that  xits lack of viewership in the Atlanta ADI is irrelevant because the station is new and targets special  xaudiences. MediaOne notes that the station went ontheair in April 1989, and that the station's program xlength commercials are designed for general audiences. MediaOne also notes that WNGMTV's ratings  xare low even in its home of Clarke County: a total share of 2, a share of 1 in cable households, and a  S- xkshare of 3 in noncable households.B.Z) {Of - xԍ MediaOne cites Nielsen Station Index: County/Coverage Study 1996 (County Summary) at 667. WNGMTV's  x<total weekly cume in Clarke County is 31 (53 in noncable households). Cable penetration in the county is 86%.  {M -Id.B MediaOne also disputes WNGMTV's claim that it provides an  ximportant service to the public. MediaOne contends that unlike home shopping services, which showcase  xa variety of products much like video catalogues and to which WNGMTV likens its programming,  xWNGMTV in fact provides programlength commercials about single products. MediaOne further contends that fraudulent and misleading programming does not serve the public interest.  S - ` x22.` ` MediaOne notes that WNGMTV does not dispute MediaOne's analysis of the station's  xLlocal market, but rather simply maintains that Arbitron's ADI assignment is decisive. MediaOne argues,  xhowever, that it has demonstrated that WNGMTV is not properly part of the Atlanta ADI, and that  xtherefore the station's ADI should be modified as provided for in 614 of the Communications Act.  S - xyMediaOne contends that its submitted evidence is relevant to a market modification analysis,/^ ) {O- xԍ MediaOne cites Comcast of Central New Jersey, DA 971191 at 25 (released June 5, 1997); Marcus Cable  {O- xAssociates, L.P., 11 FCC Rcd at 6872, 68736874; Memorandum Opinion and Order in MM Docket No. 92259, 9  {O-FCC Rcd 6723, 6728, 6729 (1994); and Report and Order in MM Docket No. 92259, 8 FCC Rcd at 2977. and notes  SX- xthat Paxson has itself presented such data on behalf of its licensees in other ADI modification cases.0^X ) {O- xԍ MediaOne cites arguments by Paxson in U. S. Cablevision Corp., DA 97712 at 17 n. 18 (released April 10,  {O- x1997); TKR Cable Co., 12 FCC Rcd 3525, 3530 n. 15 (1997); TKR Cable Co., 11 FCC Rcd 17121, 17126 (1996);  {O-and Time Warner New York City Cable Group, DA 961545 at 13 n. 17 (released September 17, 1996).  xMediaOne also notes that Rand McNally has determined that Athens and Clarke County are at the center  xof an Athens/Clarke County Basic Trading Area, which is separate and distinct from the Atlanta Basic  S- x Trading Area.w1$) {O -ԍ Rand McNally Commercial Atlas & Marketing Guide at 36 (128th ed. 1997).w In addition, MediaOne states that Athens and Clarke County are on the border that  xseparates the Atlanta ADI (and the Atlanta DMA) from the GreenvilleSpartanburg, South Carolina ADI  x(and DMA) immediately adjacent to the northeast. MediaOne describes the Atlanta ADI as very large,  xkapproximately 170 miles long and 150 miles wide, encompassing 52 counties in three states (Georgia,  xKentucky, and Alabama). MediaOne contends that the Commission has previously cited the extreme size  xof an ADI in determining whether to delete core ADI communities from the ADI of a station located at" 1,p(p(88D"  S- xthe ADI's edge.2) {Oh- xiԍ MediaOne cites Time Warner New York City Cable Group, DA 961545 (released September 17, 1996) and  {O2-Cablevision Systems Corporation, 11 FCC Rcd 6453 (1996). MediaOne argues that WNGMTV provides no support for its statement concerning  xthe need to modify program syndicators' contracts because of the station's upgrade, and notes that the  xprimary result of WNGMTV's upgrade was the removal of entertainment programming from the station's  xlineup to make room for programlength commercials. MediaOne also states that it has contacted nineteen  xof the thirtysix businesses WNGMTV listed as advertisers in its opposition. MediaOne states that most  xof the nineteen businesses contacted no longer advertise on WNGMTV, or never advertised on WNGMTV.  S- ` ax23.` ` Finally, MediaOne argues that the content of WNGMTV's fraudulent and harmful  xprogramming is as relevant as is WNGMTV's claimed specialty programming format. MediaOne  xcontends that the Constitution does not protect false and deceptive advertising. In addition, MediaOne  x.argues that while WNGMTV's violations of its public interest obligations might be more appropriately  xexamined in the context of a license renewal or revocation proceeding, neither MediaOne nor any other  x[cable operator should be forced to challenge a station's license renewal or to petition to revoke a station's  xlicense. MediaOne states that this is particularly so as MediaOne is not part of the Athens market which WNGMTV is licensed to serve.  SX- ` x24.` ` In reply to MediaOne's allegations concerning the station's advertisers, WNGMTV  xLsubmits videotapes from William A. Owens, the owner and operator of Good Faith Productions ("Good  x>Faith"), which has purchased time on WNGMTV to air a program entitled "Extreme Championship  xWrestling." Mr. Owens states in an attached declaration that Good Faith has produced commercials which  xhave aired on MediaOne's and other area cable systems, as well as on WNGMTV and on other television  xstations. WNGMTV states that the videotaped episodes include advertisements from various Atlanta area  xbusinesses. WNGMTV also submits redacted billing records from Atlanta area advertisers. WNGMTV  xalso submits a channel selection guide from Smyrna Cable TV which shows that this system carries WNGMTV.  S- ` Qx25.` ` The Board of Commissioners of Rockdale County, Georgia, a franchising authority for  xjan area that MediaOne serves, states that the Board of Commissioners does not consider WNGMTV to  x[be a local station to Rockdale County or the Atlanta metropolitan market. The Board of Commissioners  xzfurther states that WNGMTV does not provide a locally oriented service to Rockdale County or the  xAtlanta market. The Board of Commissioners states that it does not believe that WNGMTV's  xprogramming would be of benefit to Rockdale County citizens, and the Board of Commissioners opposes having WNGMTV's programming carried on cable in Rockdale County.  S-W ANALYSIS AND DECISION TP  S8- ` 2x26.` ` We will deny both WNGMTV's carriage complaint and MediaOne's market modification  xMpetition. Although MediaOne has failed to demonstrated that WNGMTV is not "local" in the cable  xzcommunities involved for purposes of 614(h) of the Communications Act, we also conclude that the  xprogramming of WNGMTV is exempt from mandatory carriage by virtue of the provisions of 614(b)(5) of the Communications Act and 76.56(b)(5) of the Commission's rules. "p#$2,p(p(88$"Ԍ S- ` ox27.` ` With respect to the market modification issue, MediaOne has made an excellent case as  xto the historical separateness of WNGMTV from the Atlanta area cable communities that MediaOne  xserves. WNGMTV is not now nor has it in the past been carried on cable systems in these communities  xnor, as demonstrated by MediaOne, has it been carried on systems in nearby communities, save for  xSmyrna, Georgia, to the northwest of Atlanta. WNGMTV has been in operation since 1989 so that this  xcarriage pattern is not a reflection of the recent origin of the station. The evidence also reveals that  xWNGMTV has not specifically targeted its programming toward Atlanta or the cable communities more  x@generally. There are, however, a number of stations broadcasting in Atlanta that do broadcast  xprogramming more targeted to these communities. There is no evidence that WNGMTV receives any audience ratings in these communities.  SH - ` Sx28.` ` Moreover, there are other indicia indicating that the cable communities have not  xhistorically been regarded as within the WNGMTV market area. Demographic information confirms that  x=Atlanta and Athens are separated by a substantial intervening distance of comparatively low population and are separate economic market areas. Athens is a separate Metropolitan Statistical Area.  S - ` x29.` ` Although these are strong arguments, WNGMTV has recently moved its transmitter to  xa site much closer to Atlanta, located only a mean distance of some 42 miles to the northeast of the  x Atlanta area cable communities. From this site WNGMTV provides a Grade A signal over most of  xLAtlanta and over all of Gwinnett, Rockdale, and DeKalb Counties. Its Grade B contour encompasses all  xof Cobb, Henry, and Rockdale Counties, most of Clayton County, and substantial portions of Fayette and  xLDouglas Counties. The Commission has expressed considerable reluctance to delete communities within  S- xan ADI that are within the broadcast service contours of the stations involved.3) {O-ԍ See, e.g., Cablevision Systems Corp. (N.Y. ADI Market), FCC 97285 (released August 13, 1997). In this instance, the great  xmajority of communities at issue here are encompassed by WNGMTV's Grade A or B contours with a  x.small number of remaining communities located on WNGMTV's Grade B contour. These communities  xare apparently integrated with the other communities. Additionally, not only are many of the communities  xreceiving Grade A or B service but MediaOne is carrying the signal of another Athens station (WGTV)  x/that MediaOne itself has characterized as operating "essentially as an Atlanta station." There are no  xindications of unique terrain or reception problems involved that would negate the presumption of service  xsuggested by the predicted contours. In these circumstances the historic facts do not outweigh the current  xreality as to the structure of the market and the market modification request will accordingly be denied.  xWe decline in this proceeding to consider or evaluate the program content of WNGMTV raised by  xMediaOne's allegations of fraud and harm to the public interest from the programming of WNGMTV. This is not a proper proceeding for the consideration of such issues.  S- ` x30.` ` Having resolved the market modification matter, the only issue that remains with respect  xto WNGMTV's complaint seeking carriage on the MediaOne systems is the question of signal  xduplication. Section 614 of the Communications Act, which contains the cable television mandatory signal carriage requirement, provides at paragraph (b)(5) that, notwithstanding the general carriage obligations:  SXxa cable operator shall not be required to carry the signal of any local commercial  television station that substantially duplicates the signal of another local commercial  #television station which is carried on its cable system, or to carry the signals of more than  one local commercial television station affiliated with a particular broadcast network (as such term is defined by regulation). " %Z3,p(p(88&"ԌSection 76.56(b)(5) of the Commission's implementing regulations provides in pertinent part that:  XxA cable operator is not required to carry the signal of any local commercial television  station that substantially duplicates the signal of another local commercial television  Qstation that is carried on its cable system, or to carry the signals of more than one local  commercial television station affiliated with a particular broadcast network, as defined in  o76.55(f). However, if a cable operator declines to carry duplicating signals, such cable  ooperator shall carry the station whose community of license reference point, as defined  oin 76.53, is closest to the principal headend of the cable system. For purposes of this  paragraph, substantially duplicates means that a station regularly simultaneously broadcasts  Bthe identical programming as another station for more than 50 percent of the broadcast week.   S - ` Bx31.` ` WNGMTV in its original demand for carriage sent to MediaOne stated that the signal  xof WNGMTV did not substantially duplicate the signal of another local commercial station carried on  xthe systems. In its complaint to the Commission this statement is repeated without elaboration, although  x]MediaOne had indicated, in declining to carry the station, that it was declining in part because the  xprogramming of WNGMTV duplicated that of WTLKTV, which was already being carried. MediaOne,  xin its opposition to WNGMTV's carriage complaint, again contends that the programming of WTLKTV  xLand WNGMTV is duplicative and that both stations are affiliated with the same broadcast network and  xthat therefore the signal of WNGMTV need not be carried. Both stations are associated with the Infomall  x[TV Network which according to MediaOne meets the network definition in the rules (76.55(f)) because  S- xit is an entity that far exceeds the definitional benchmarks: i.e., "an entity offering programming on a  xzregular basis for 15 or more hour per week to at least 25 affiliates in 10 or more states." It is offering  xprogramming on a regular basis for at least 48 hours per week to at least 37 affiliates in 20 different states plus the District of Columbia and Puerto Rico.  S- ` x32. ` ` In response, WNGMTV does not dispute that if it were duplicative of or an affiliate of  xthe same network as WTLKTV, MediaOne would have a valid defense to the carriage complaint. It also  xdoes not dispute that it carries Infomall TV Network programming for 36 hours per week. It does,  x however, deny that the Infomall TV Network is a "network" within the meaning of the rules, or that  xLWNGMTV is a "network affiliate." WNGMTV states that it acquires the bulk of its programming via  xa time brokerage agreement with WTLKTV and that WTLKTV sells some of this time to the Infomall  xTV Network. With respect to the network issue, it does not seem to be disputed that the Infomall TV  xNetwork is an "entity" offering programming "on a regular basis for 15 or more hours per week to at least  S- x25 affiliated television licensees in 10 or more states . . . ."P4) {O-ԍ See 47 C.F.R. 73.3613(a)(1).P It is contended, however, that only  x"traditional" networks (ABC, CBS, NBC, and Fox) are covered by the rule and that a network must be  xan "interconnected program service" in order to be covered by the rules. Neither of these argument appear  S - xyto have merit. In adopting the network definition in its Report and Order in MM Docket No. 92259, the Commission stated that it was seeking: "!Z4,p(p(887#"Ԍ #Xxa definition that not only includes entities that traditionally have been considered national  %television networks, but is also flexible enough to accommodate the changing video  S-marketplace.l5) {O-ԍ Report and Order in MM Docket No. 92259, 8 FCC Rcd at 2980.l   xThus, the Commission was clearly reaching out to cover entities beyond ABC, CBS, NBC, and Fox in  xorder to accomplish the intended purpose of this statutory provision, which is to avoid duplicative carriage  xobligations. Moreover, it is not disputed that the Infomall TV Network offers, on a regular basis, more  xkthan 15 hours a week of programming and has more than 25 affiliates in more than 10 states, which is  S- xthe standard set forth in the rules to define a network.P6Z) {O -ԍ See 47 C.F.R. 73.3613(a)(1).P Similarly, although the phrase "interconnected  xprogram service" appears in other Commission definitions of the term "network," such as in  x73.3613(a)(1), it does not appear in 76.55(f), which is the applicable definition for purposes of this provision of the mandatory carriage rules.  S - ` x33.` ` In addition to the Infomall TV Network not being a network, WNGMTV also contends  xthat it is not itself a network "affiliate" because the station receives its Infomall TV Network programming  xLvia a time brokerage agreement with WTLKTV. We find no support, however, for the proposition that  xfor purposes of this rule an affiliate is other than a station which broadcasts the output of a television  xnetwork. Whether that takes place through a conventional affiliation contract, a retransmission consent  xkagreement, a local marketing agreement, or in some other creative fashion would not seem to matter in  x!terms of the specific purposes of the statutory and rule provisions regarding the cable carriage of  xduplicative networks. Accordingly, based on the requirements of 47 U.S.C. 614(b)(5) and 47 C.F.R.  x76.56(b)(5) and the existing carriage of the signal of WTLKTV by MediaOne, the complaint filed by WNGMTV will be denied.  S@-1 ORDERING CLAUSES TP  S- ` 1x34.` ` Accordingly, IT IS ORDERED , pursuant to 614(h) of the Communications Act of 1934,  xas amended, 47 U.S.C. 534, and 76.59 of the Commission's Rules, 47 C.F.R. 76.59, that the petition  S-for special relief (CSR5012A) filed May 16, 1997 by MediaOne, Inc. IS DENIED .  SP- ` "x35.` ` IT IS FURTHER ORDERED , that the complaint (CSR4990M) filed April 4, 1997 by  S(-Whitehead Media of Georgia, Inc. IS DENIED .  S-x36.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x x` `  hh@William H. Johnson  S!-x` `  hh@Deputy Chief, Cable Services Bureau "!6,p(p(88F#"  S-2APPENDIX T  S- MEDIAONE ATLANTA AREA CABLE COMMUNITIES BY SYSTEM ĐTP  S8- ATLANTA Atlanta, Fort McPherson  S- CLAYTON COUNTY Clayton County, Forest Park, Fort Gillem, Hapeville, Henry County (Northern), Jonesboro, Lake City, Lovejoy, Morrow, Riverdale  S - COBB COUNTY/MARIETTA Acworth, Austell, Bartow County, Cobb County, Dobbins AFB, Douglas County, Kennesaw, Marietta, Powder Springs  S- DeKALB COUNTY/DECATUR Avondale Estates, Clarkston, Decatur, DeKalb County, Lithonia, Pine Lake, Stone Mountain  Sh- DOUGLAS COUNTY Douglas County, Douglasville, Fairfield Plantation, Fulton County (West), Lithia Springs  S- EAST POINT College Park, East Point  S(- FAYETTE COUNTY Brooks, Coweta County, Fayette County, Fayetteville, Fulton County (South), Peachtree City, Tyrone, Woolsey  S`- GWINNETT COUNTY Berkeley Lake, Duluth, Grayson, Gwinnett County, Lilburn, Loganville, Norcross, Snellville  S!- ROCKDALE COUNTY Conyers, Newton County, Rockdale County