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For purposes of this calculation, both overtheair and cable television  S`-viewing are included.$`"o yO"-  ԍ Because 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)(l)(C) provides that the Commission may: with 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 1992 Cable Act provides that: the Commission shall afford particular attention to the value of localism by taking into account such factors as (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; (II) whether the television station provides coverage or other local service to such community; (III) whether any other television station that is eligible to be carried by a cable system in 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 (IV) evidence of viewing patterns in cable and noncable households within the areas served by the cable system or systems in such community.  S-4.` ` The legislative history of this provision indicates that: where the presumption in favor of ADI carriage would result in cable subscribers losing access 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" ,_(_(II!"Ԍparticular communities from a television station's market consistent with Congress' objective to ensure that television stations be carried in the areas in which they serve and which form their economic market.  S`-X` hp x (#%'0*,.8135@8:o yOH -ԍ 47 C.F.R. 76.59.>  Sp-q ARGUMENTS OF THE PARTIES ĐlU  S -  8.` ` Signal Carriage Complaint (CSR4969M). WTLKTV states that its city of license and   =the communities CCTV serves are all located in the Atlanta ADI, and that WTLKTV is thus entitled to   -carriage on CCTV's cable system. WTLKTV further states that it has promised to pay for any equipment   ynecessary for CCTV to receive a good signal from WTLKTV at the system's principal headend, but that   .CCTV has not responded. Accordingly, WTLKTV requests that the Commission now order CCTV to commence carriage of WTLKTV's signal.  S -  9.` ` In response to WTLKTV, CCTV states that it is filing a petition to modify the ADI of   WTLKTV to delete the communities CCTV serves from WTLKTV's ADI. Accordingly, states CCTV,  S-it need not carry the signal of WTLKTV pending resolution of this ADI market modification petition.D \xo {O-  ԍ CCTV cites Cablevision Systems Corp., et al., 11 FCC Rcd 12669, 12673 (1996); Time Warner New York City  {O-  Cable Group, 11 FCC Rcd 6514, 65266527 (1996); and the Report and Order in MM Docket No. 92259, 8 FCC Rcd at 2977.D  Sj-  $10.` ` WTLKTV contends in reply that allowing CCTV to ignore WTLKTV's requests for   carriage and then to allow the system to continue to avoid carriage of WTLKTV by filing a market   modification petition in response to the station's mustcarry complaint is an abuse of the Commission's procedures and contrary to the intent of Congress.  S-  %11.` ` Market Modification Petition (CSR4992A). CCTV states that it has never carried   WTLKTV, even though the station began operation in 1988. CCTV contends that WTLKTV fails to   place a grade B contour over any of the communities CCTV serves, or does so only minimally. In   jaddition, CCTV notes that WTLKTV's city of license is located 86.07 miles from CCTV's headend, and   =that the station's transmitter site is 66.90 miles distant from CCTV's headend. CCTV also suggests that   =the Atlanta metropolitan area separates WTLKTV from CCTV's communities and defines the southern   -boundary of the station's market. CCTV contends that these geographic facts demonstrate that WTLKTV" ,_(_(II"  S-  is not a local signal for CCTV's communities. o {Oh-  ԍ CCTV cites Time Warner Cable, 11 FCC Rcd 13149 (1996); Cablevision of Cleveland, L.P. and V Cable,  {O2-  LInc. d/b/a Cablevision of Ohio, 11 FCC Rcd 18034 (1996); Time Warner EntertainmentAdvance/Newhouse  {O-  Partnership, 11 FCC Rcd 6541, 6555 (1996); Continental Cablevision of Western New England, Inc., 11 FCC Rcd  {O-  6488 (1996); Cablevision Systems Corporation, 11 FCC Rcd 6453 (1996); Frederick Cablevision, Inc. and C/R TV  {O-Cable, Inc., 11 FCC Rcd 4242 (1996); and Greater Philadelphia Cablevision, Inc., 10 FCC Rcd 8788 (1995).  CCTV argues that most of WTLKTV's programming   [is infomercials, with some religious programming that shows no nexus to the communities CCTV serves.  S-  [CCTV notes that it carries eleven other local broadcast stations, o yO-  ԍ These are Stations WSBTV (ABC, Channel 2), WAGATV (Fox, Channel 5), WXIATV (NBC, Channel   11), WTBS (Ind., Channel 17), WPBA (PBS, Channel 30), WATL (Ind., Channel 36), WGNX (CBS, Channel 46),   and WUPA (Ind., Channel 69), Atlanta, Georgia; WGTV (PBS, Channel 8) and WNGMTV (Ind., Channel 34), Athens, Georgia; and WHSG (Ind., Channel 63), Monroe, Georgia. all of which are licensed to cities closer   kto CCTV's communities than is Rome, Georgia, WTLKTV's city of license. CCTV states that these   kstations carry local news and other programming of interest, including Atlanta Braves baseball games,   [Atlanta Hawks basketball games, "Georgia Gang," "Georgia Week in Review," and "Atlanta This Week."   [These eleven stations also place Grade B contours over CCTV's communities. In addition, CCTV states   [that one of these stations, WNGMTV, airs paid programming identical or similar to that which WTLK  TV airs. Finally, CCTV suggests that it is unlikely that WTLKTV garners measurable viewing in the communities CCTV serves.  SH -  P12.` ` WTLKTV argues in opposition that the mustcarry portions of the Communications Act   are designed to protect local stations such as WTLKTV by ensuring their carriage rights throughout their  S -  jADI. WTLKTV notes that the statutory rules were recently upheld by the Supreme Court in TBS, Inc.  S -  v. FCC,@ j o yO-ԍ 117 S.Ct. 1174 (1997).@ in which the Court stated that Congress properly designed the rules to "prevent any significant  S -  reduction in the multiplicity of broadcast programming sources available to noncable households."< o {OF-ԍ Id. at 1188.<   OWTLKTV contends that its entitlement to carriage throughout its ADI is underscored by the  S\-  Commission's determination in the Report and Order in MM Docket No. 92259, supra, that Rome,   Georgia WTLKTV's city of license is an integral part of the Atlanta, Georgia market. In reaching   this determination, WTLKTV notes that the Commission found that all television stations licensed to   Atlanta and Rome compete with each other, and that recognition of a hyphenated AtlantaRome, Georgia  S-  market was warranted. o yO-  ԍ 8 FCC Rcd at 2978. The Commission's list of major television markets in 76.51 of the rules, 47 C.F.R. 76.51, has implications for the cable television program exclusivity rules. WTLKTV notes as well that Congress rejected a definition of a station's market  S-based upon a mileagebased standard, and opted instead for an ADIbased test.lo yO#-  ԍ WTLKTV cites earlier drafts of the cable signal carriage legislation which proposed a mileagebased  {O#-  standard, e.g., S. 12, 102d Cong., 1st Sess 4(g) and 15 (1991); H.R. 1303, 102d Con., 1st Sess. 5(a) (1991), but  {O$-  which were subsequently amended to establish an ADI market standard. See 138 Cong. Rec. S609 (daily ed. Jan.   29, 1992) (amendment by Sen. Inouye); H.R. 4850, 102d Cong., 2d Sess. 6 (1992); H.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).l "n,_(_(II"Ԍ S-  R13.` ` WTLKTV further argues that CCTV has failed to demonstrate that deletion of the   communities the system serves from WTLKTV's ADI would better effectuate the purposes of the must  carry rules or promote the value of localism. WTLKTV maintains that CCTV fails to support its   arguments with particularized evidence that the communities in question are not part of the station's ADI.   WTLKTV contends that Commission precedent holds that the station's lack of historic carriage should   not be counted against it, particularly given WTLKTV's status as a small station with a specialized  S-  programming format. (o {Ox-  ԍ WTLKTV cites Time Warner Cable, 10 FCC Rcd 8045, 8048 (1995); Time Warner Cable, 10 FCC Rcd  {OB-  6663, 6667 (1995); North Central Cable Communications, Inc. dba Meredith Cable, 10 FCC Rcd 4381, 4383 (1995);  {O -  Kansas City Cable Partners d/b/a American Cablevision of Kansas City, 10 FCC Rcd 3807, 3809 (1995); and Time  {O -Warner Cable, 10 FCC Rcd 936, 938 (1995).  WTLKTV argues that, contrary to CCTV's claims, WTLKTV provides local   coverage to the cable communities. WTLKTV notes that its programming format, which combines   programlength presentations by local and national businesses and community organizations with religious   and public affairs programming, is a valuable outlet and conduit for local advertisers, businesses,   community, and minority organizations. WTLKTV states that its public affairs program "Daybreak"   [provides information on educational, political, societal, and public affairs issues, and has featured several   Atlantaarea guests discussing local issues. WTLKTV further states that its weekly "Georgia Farm   Monitor" features news and information for local farmers. In addition, WTLKTV cites its airing of   Japaneselanguage newscasts as well as locally produced cultural and information programs focusing on   /issues of concern to Americans of Asian and Pacific Islander descent and to the Muslim community.   WTLKTV states that it is committed to maintaining and strengthening its local programming, and   Ocontends that a station's planned local programming is also to be weighed in evaluating market  S0-modification petitions.l0o {O-ԍ WTLKTV cites Time Warner Cable, 10 FCC Rcd 962, 964 (1995).l  S-  514.` ` WTLKTV reiterates that, despite CCTV's reliance on the distance between its   [communities and WTLKTV's city of license and transmitter site, the Commission has previously found   that Rome and Atlanta form a unified market. WTLKTV states that its ability to compete throughout   this market should not be limited. WTLKTV argues that the fact that CCTV carries eleven other stations   licensed to communities in the Atlanta ADI is not a reason to abrogate WTLKTV's carriage rights within   Lthe market. WTLKTV contends that this is particularly so in a case such as this one in which CCTV is  S-  seeking to delete communities from WTLKTV's market.^Jo {O-  ԍ WTLKTV cites Nationwide Communications, Inc. d/b/a EagleVision, 10 FCC Rcd 13050, 13053 n. 22  {O-  (1995); Time Warner Cable, 10 FCC Rcd at 8048 n. 19; North Central Cable Communications, 10 FCC Rcd at 4383;  {On-and Kansas City Cable Partners, 10 FCC Rcd at 3809 n. 14. In addition, WTLKTV argues that the fact   [that WNGMTV may air programming that is similar to or at times identical to that aired by WTLKTV   has no bearing on whether the communities served by CCTV are part of WTLKTV's ADI. Finally, with   /respect to viewing patterns in the cable communities, WTLKTV contends that the Commission has   previously found that specialty stations such as WTLKTV offer desirable programming diversity yet  S(-  frequently attract limited audiences.(p o {O8%-  iԍ WTLKTV cites the Report and Order in MM Docket No. 938, 8 FCC Rcd 5321, 5322, 5327 (1993), and  {O&-Nationwide Communications, Inc. d/b/a/ EagleVision, 10 FCC Rcd at 13053. WTLKTV argues that limited viewership should not be counted"( ,_(_(IIl"  S-  against a specialty station in the context of a market modification petition, citing Greater Worcester  S-Cablevision.Io yOB-ԍ 10 FCC Rcd 12569, 12572 (1995).I  S-  $15.` ` In reply, CCTV maintains that WTLKTV has not rebutted CCTV's showing that the   communities in question are not truly part of WTLKTV's market. CCTV argues that it is the central  S<-  purpose of the mustcarry rules to preserve the diversity of local voices.<Xo {O4-  ԍ CCTV cites TBS, Inc. v. FCC, supra, and 2(b)(1) of the Cable Television Consumer Protection and Competition Act of 1992, Public Law 102385, 106 Stat. 1460 (1992). CCTV states that the Time   Brokerage Agreement entered into between WTLKTV and WNGMTV shows that WTLKTV will supply   up to 96.4% of WNGMTV's weekly programming. CCTV additionally notes that an examination of the   two stations' program schedules for the week of May 11, 1997May 17, 1997 shows that 104 of WTLK  TV's 234 listed programs are also aired during that week on WNGMTV, with 56 of these programs being   yaired at the same time. This duplication of programming includes WTLKTV's "Daybreak" and "Georgia   Farm Monitor," as well as the station's children's programming. CCTV also notes that WTLKTV and   WNGMTV have entered into an "Option Agreement" granting WTLKTV the exclusive option to   purchase WNGMTV. CCTV asserts that failure to remove the communities in question from WTLK  TV's ADI will maintain a duplicative voice rather than a diverse voice in these communities. CCTV   argues that WTLKTV should not be allowed to use the mustcarry rules to expand its reach beyond its  S -natural market bounds. o {O-  iԍ CCTV cites Time Warner Entertainment Advance/Newhouse Partnership, 11 FCC Rcd at 65536554, and  {O-Cablevision Systems Corporation, 11 FCC Rcd at 6474.  S4-  16.` ` CCTV asserts that it has demonstrated through an analysis of the four statutory factors that   jmodifying WTLKTV's ADI will better effectuate the purpose of the mustcarry rules. CCTV contends   -that the Commission's hyphenation of the AtlantaRome, Georgia major television market does not warrant   finding that the communities CCTV serves are naturally part of WTLKTV's ADI. CCTV maintains that   this Commission recognition was based upon competition among Atlanta and Rome stations in their areas   of service overlap, and not throughout the entirety of the geographic extent of the Atlanta and Rome  SD-  markets.Do {O-  ԍ CCTV cites the Notice of Proposed Rule Making in MM Docket No. 92295, 7 FCC Rcd 8591, 8592 (1993),  {O-and Time Warner Cable, 11 FCC Rcd 492 (1996). CCTV argues therefore that because WTLKTV does not place a Grade B contour over   CCTV's communities, WTLKTV does not compete with Atlanta licensees in these communities. CCTV  S-  states that the present case is similar to that of The World Company d/b/a Columbine CableVision,Aj o yO -ԍ 11 FCC Rcd 5662 (1996).A in   which communities were deleted from a station's ADI despite being part of a hyphenated market. CCTV  S-  further states that the Atlanta edition of TV Guide does not list WTLKTV. CCTV argues that it is   mreasonable to evaluate local service based upon Grade B contours, which are a commonly used   yCommission standard. In addition, with respect to WTLKTV's analysis of Congressional intent, CCTV   contends that Congress' rejection of a fixed 50mile standard to determine a station's mustcarry rights does not negate the fact that WTLKTV is far distant from CCTV's communities. " ,_(_(IIL"Ԍ S-  R17.` ` CCTV further disputes WTLKTV's commitment to serve the interests of CCTV's   =subscribers. CCTV argues that the programming WTLKTV cites as being of local interest has no nexus   >to the specific communities CCTV serves, but is of merely general statewide or area interest. CCTV  S-  asserts that, in any event, the amount of local programming WTLKTV provides is de minimis,  Sb-  Lconstituting only one and onehalf hours per week.bo {O-  ԍ CCTV cites Clear Cablevision, Inc. and Manchester Cablevision Inc., both d/b/a Adelphia Cable  {O-Communications, CSR4669A, et al., DA 96812, at n. 14 and 24 (released May 22, 1996). Nor, states CCTV, does WTLKTV show how its  S:-  Asian and Pacific Islander programming has any nexus to CCTV's communities.dX:$o yO-  ԍ CCTV cites 1990 U.S. Census data to show that Newton County, in which CCTV's system is located, has   an Asian or Pacific Islander population of 0.14%. In contrast, CCTV notes that 63% of Georgia's Asian or Pacific islander population reside in the five counties surrounding Atlanta.d CCTV contends that   WTLKTV's proposed future programming is not relevant to whether the station currently provides local   coverage or service, which is the statutory standard. CCTV states that the cases WTLKTV cites to argue   that little weight should be given the station's lack of historic carriage are distinguishable, as those cases   involved stations that placed Grade B contours over the communities, as well as having other indicia of  Sr-  klocal service. CCTV further states that the Report and Order in MM Docket No. 938, supra, merely   addressed the question of home shopping stations' carriage rights in general, and did not address the scope   of any such station's market. Finally, CCTV argues that its carriage of other ADI stations with a closer   nexus to its communities is a factor to be weighed in favor of granting CCTV's market modification  S -petition, particularly given WTLKTV's lack of Grade B or other local service. Do {O-ԍ CCTV cites Time Warner Entertainment Advance/Newhouse Partnership, 11 FCC Rcd at 6554.  S -W ANALYSIS AND DECISION ĐlU  S4-  q18.` ` We turn first to CCTV's market modification petition, to determine whether the   communities CCTV serves should be removed from WTLKTV's ADI. A resolution of this matter will   Ldetermine whether WTLKTV is eligible to claim carriage rights in these communities. We note initially,   jas a procedural matter, that we disagree with WTLKTV's claim that CCTV is abusing the Commission's   =processes by filing this petition. The Communications Act explicitly contemplates market modification  Sl-petitions, and our rules set forth the process which CCTV has followed.lo {O-ԍ See, e.g., 47 U.S.C. 534(h)(1)(C); 47 C.F.R. 76.59; 8 FCC Rcd at 29762977.  S-  19.` ` Based on our analysis of the evidence relating to the four statutory and other relevant   factors, CCTV's petition will be granted. Atlanta is the nation's tenth largest market in terms of   population. It is approximately 170 miles long and 150 miles wide, encompassing 52 counties in three   states. Rome is some 56 miles to the northwest of Atlanta. WTLKTV, licensed to Rome, Georgia, began   =operation in 1988 and broadcasts on channel 14 from a transmitter close to Waleska, Georgia. The cable   communities involved are in Newton County, which is located to the southeast of Atlanta, some 86 miles   from Rome and 67 miles from the WTLKTV transmitter site. In addition to the Rome and Atlanta   stations, the market is also served by WNGMTV, channel 56, Athens, Georgia. Athens is approximately 25 miles from the cable communities. "h ,_(_(II"Ԍ S-8 A. Historic Signal Carriage  S-  20.` ` Statutory factor one is "whether the station, or other stations located in the same area, have   been historically carried on the cable system or systems within such community." WTLKTV has no   8history of carriage in the cable communities in question. WTLKTV began operations more than 10 years   ago, so that this carriage pattern is not a reflection of the recent origin of the station. Nor are there stations carried from the same area (Rome) to which this station is licensed.  S-  21.` ` Carriage on nearby cable systems is not a factor specified in the statute, but it does seem   likely, depending on the specific circumstances involved, that carriage on nearby systems could serve as  Sp-  jevidence to define the logical scope of a station's market.npo {O -ԍ Fouce Amusement Enterprises, Inc., 10 FCC Rcd 668, 671 (1995).n Such carriage serves to demonstrate the belief   [of both the stations and systems involved that there is a market nexus between the broadcast station and   the communities where the station is carried and thus provide evidence as to the scope of a station's   ymarket. The signal of WTLKTV is carried in Atlanta and a number of the surrounding counties between Monroe and Rome but is not carried in the general vicinity of Monroe.  S - B. Station Coverage of Communities  S0-  Q22.` ` Statutory factor two is "whether the television station provides coverage or other local  S-  service to such community." With respect to coverage, the Commission has stated in its Report and Order  S-  =in MM Docket No. 92259, supra, that "to show that the station provides coverage or other local service   kto the cable communities, parties may demonstrate that the station places at least a Grade B coverage  S-  contour over the cable community or is located close to the community in terms of mileage."AZo yO-ԍ 8 FCC Rcd at 29762977.A CCTV   provides evidence that WTLKTV's Grade B contour falls short of both Covington (CCTV's principal   [headend community) and of Porterdale. Oxford, and at least some of the unincorporated area of Newton County served by CCTV are, however, at least partially within the contour.  S-  Q23.` ` With respect to programming service, CCTV alleges that there is no significant amount   of programming from the station that is specifically targeted to the cable communities involved. Although   the station contends that it broadcasts material of interest to these communities and the Atlanta market   more generally, that material does not appear to be of the kind that suggests that these communities are   a particular focus of the station or are in any sense served in a manner that establishes a specific market connection.  S-  C. Coverage of News, Sporting Events, or Other Events of Interest by Other Stations  S-Entitled to Carriage  S<-  24.` ` Statutory factor three is "whether any other television station that is eligible to be carried   zby a cable system in 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." In this instance, CCTV alleges that it provides carriage to numerous"! ,_(_(IIF#"  S-  Atlanta stations that provide local service to its subscribers.Mo {Oh-ԍ See footnote 11, supra.M WTLKTV disputes the significance of the coverage by the other stations.  S-  25.` ` 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. While CCTV suggests that WTLKTV's programming is not specific to   the cable communities, it cites equally nonspecific programming as evidence of the other stations' local   service. CCTV offers no explanation of why the programming from the other Atlanta ADI stations is any more locally oriented than is WTLKTV's programming.  Sp- D. Station Audience in Communities Served by Cable System  S -  o26.` ` Statutory factor four is "evidence of viewing patterns in cable and noncable households   .within the areas served by the cable system or systems in such community." CCTV indicates, without   specific evidence, that WTLKTV lacks viewing in Newton County, Georgia. This is borne out by   available Nielsen viewership data, which records no viewing of WTLKTV in communities in Newton  S -County._ Zo {Oz-ԍ See Nielsen's 1995 County/Coverage Study._  S0- E. Other Considerations  S-  o27.` ` The factors specified in 614(h) do not purport to be exclusive and thus other evidence   .may be considered that is helpful in defining the scope of the markets of the stations involved. Another   consideration argued to be relevant to this proceeding is the Commission's consideration of the scope of  Sh-  the AtlantaRome, Georgia market in the context of a market hyphenation rulemaking proceeding.!ho {O-  ,ԍ See Report and Order in MM Docket No. 92259, 8 FCC Rcd at 29772978; Notice of Proposed Rule Making  {O-in MM Docket No. 92295, supra.   LMarket hyphenation proceedings, undertaken pursuant to 614(f) of the Communications Act, and ADI   market modification proceedings, undertaken pursuant to 614(h) of the Act, although not identical in   purpose nevertheless involve some overlap of objectives and decisional criteria and the FCC's decision   to join markets takes into consideration the economic ties between the communities to be hyphenated and   the subject stations. The hyphenation of Atlanta and Rome reflects as judgment that stations in Rome and   Atlanta are competitive. The hyphenation decision is thus suggestive evidence of the belief,   =notwithstanding the distances between Atlanta and Rome, that stations from both communities are local  S(-  to significant overlapping portions of the same market area.`"(Ho {O"-ԍ See, e.g., Time Warner Cable, 11 FCC Rcd at 494.` However, the hyphenation is not controlling   zin every circumstance. The "[r]edesignation of the market reflects in the rules the general competitive   .situation that in fact exists in the local area, allowing the application of the more specific rules, including   jthose relating to `area of dominant influence' changes, to be addressed from the perspective of a properly  S-  defined market area."w#o {O'-ԍ Report and Order in MM Docket No. 93304, 10 FCC Rcd 9298, 9299 (1995).w Here, the issue is not whether stations in Rome and Atlanta are competitive but" l #,_(_(II"   <whether the Rome's station's market properly includes communities on the opposite side of Atlanta. Thus,   Kfor present purposes the hyphenation decision appears to add little to the 614(h) decision making process.   In this respect it is worth noting that Monroe, Georgia, which is the community of license of WHSG, is   Lfar closer to the cable communities than is Rome and has neither been hyphenated with Atlanta nor with Rome.  S-  P28.` ` CCTV also argues that the duplication of programming between WTLKTV and WNGM  TV weighs in favor of its petition. The fact that WNGMTV, which is significantly closer to the cable   jcommunities than WTLKTV, broadcasts programming duplicative of that which WTLKTV presents is   jsuggestive of a belief among the market participants that WTLKTV's reach into the WNGMTV side of   the Atlanta market is limited. Generally, in the broadcast industry, stations with duplicative programming do not operate in identical market areas.  S - F. Summary  S -  #29.` ` The cable television mandatory broadcast signal carriage rules were adopted as part of the   1992 Cable Act. According to the legislative history of that Act, the use of ADI market areas is intended   y"to ensure that television stations be carried in the areas which they serve and which form their economic  S0-  0market."\$0o yO-ԍ H.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).\ The Act specifically provided that the Commission was to consider adding additional   communities or excluding communities from the markets of television stations "to better effectuate the  S-  \purposes" of the mandatory carriage requirements.?%Xo yO-ԍ 47 U.S.C. 534(h).? In acting on such requests the Commission was   instructed to "afford particular attention to the value of localism, taking into account four specified  S-  statutory factors." These factors, however, were "not intended to be exclusive."\&o yO-ԍ H.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).\ The market   kmodification provisions of 614(h) are said, in the legislative history, to "reflect a recognition that the   MCommission may conclude that a community within a station's ADI may be so far removed from the  S-  \station that it cannot be deemed part of the station's market."3'xo {O0-ԍ Id.3 Based on the evidence presented, we   conclude that the requested exclusion of the Covington Cable communities from the market of WTLKTV will better effectuate the purposes of the mustcarry statutory provisions.  Sx-  30.` ` In reaching this conclusion, we have considered the statutory factors as well as other   relevant information. WTLKTV has never been carried in any of the communities in question (factor   I), provides no overtheair television broadcast service for a portion of the communities (factor II), and   .has no measured audience in the communities (factor IV). Given the statutory directive, weight must be   given to these factors, but that must be done bearing in mind that the objective of the 614(h) process is   kto "better effectuate the purposes" of the broadcast signal carriage scheme. Thus, with respect to the   /question of historical carriage patterns, attention must be paid to the circumstances from which such   patterns developed. Some stations have not had the opportunity to build a record of historical carriage   for specific reasons that do not necessarily reflect a judgment as to the geography of the market involved.   Thus, these factors to the extent they are reflective of circumstances outside of the shape of the market " ',_(_(II!"ԫ  ԩ are not by themselves controlling in circumstances where such an implementation of the 1992 Cable Act   .would, in effect, prevent weaker stations that cable systems had previously declined to carry, from ever obtaining carriage rights.  S`-  31. ` ` Given the difficulties of relying exclusively and explicitly on the statutory factors of   historical carriage and viewing patterns, which in certain circumstances could severely narrow the carriage   rights of stations even within what is undeniably their local market area, we have found it helpful to focus  S-  also on factors that are not influenced by the type or age of the stations involved or historical carriage.l(o {OP-ԍ See Cablevision Systems Corp., 11 FCC Rcd 6453, 6474 (1996).l   The scope of a local station's market may be measured through geographic means by examining the   distance between the station and the cable community subject to the deletion request and by taking into   ]account natural phenomena such as waterways, mountains, and valleys that may tend to separate   communities and define natural markets basic geographic, demographic, and political features that   provide the best available alternative evidence of the market boundaries of the stations involved. In this  S -  [regard, the Commission has explicitly noted the relevance of Grade B contours.X) Zo yO-  ԍ As a general matter, Grade B coverage demonstrates service to cable communities and serves as a measure  {O-  of a station's natural economic market. See MM Docket No. 92259, 8 FCC Rcd at 2977. See also Amendment of  {O-  Section 76.51 (OrlandoDaytona Beach, Melbourne, and Cocoa, Florida), 102 FCC 2d 1062, 1070 (1984) ("We   Lbelieve that television stations actually do or logically can rely on the area within their Grade B contours for economic support.").X In the absence of other   information, station service contours provide at least one objective measure of the scope of a station's   local market. Here we note that WTLKTV does not provide Grade B service to Covington (where the   system's principal headend is located) and Porterdale. In addition, the communities are on the opposite   side of the Atlanta urban area from WTLKTV and geographically separated from its city of license by approximately 86 miles and from its transmitter location by 67 miles.  S-  _32.` ` An additional point weighing in favor of a conclusion that the communities are sufficiently   separate from WTLKTV to warrant exclusion is the existence of station WNGMTV which is already   ycarried by the cable systems and which carries much of the same programming as does WTLKTV which   has a time brokerage agreement with WNGMTV and provides much of its programming. Based on   general patterns in the television broadcast industry, where two stations are broadcasting much of the same   programming, such an arrangement suggests that the area closer to the brokered station is not served by   the brokering station. While that may not always be the case, in the present circumstances it provides   reinforcing evidence that these communities are logically excluded from the WTLKTV mandatory   Lcarriage area. While the Commission has expressed considerable reluctance to delete communities within  Sx-  {a station's ADI that are within the broadcast service contours of the station in question,*xo {O&!-ԍ See Cablevision Systems Corp. (N.Y. ADI Market), FCC 97285 (released August 13, 1997). here the   duplication of content and affiliation between WTLKTV and WNGMTV, a station already carried by   the system, weighs against retention of even those portions of Oxford and the surrounding county within   \the station's market. Indeed it is likely that, because the principal headend of this system is closer to" *,_(_(IIM"   [Athens than to Rome, carriage would not in any case be required because of the provisions of 614(b)(5)  S-of the Communications Act and 76.56(b)(5) of the rules.+o {O@-  iԍ The substance of this issue is discussed in a companion case, MediaOne, Inc., DA 971776, adopted on the same day as this decision.  S-  333.` ` We have carefully considered each statutory and other relevant factor in the context of  S`-  the circumstances presented here and, on balance,V,`"o {O"-  iԍ We are under no obligation to give particular weight to any one of the several statutory factors. See Time  {O-  Warner Entertainment Co. v. FCC, 56 F. 3d 151, 175 (D.C. Cir. 1995); accord, Omnipoint Corp. v. FCC, 78 F. 3d   633634 (D.C. Cir. 1996) (When Congress directs an agency to consider certain factors, the agency simply "must   reach an express and considered conclusion about the bearing of a factor, but is not required to give any specific weight to it.").V we find that CCTV has demonstrated that communities   it serves lack a sufficient nexus with WTLKTV to warrant deletion of these communities from the station's ADI.  S-  34.` ` Turning to WTLKTV's signal carriage complaint, having found that grant of CCTV's   mpetition for market modification is warranted, that complaint is now moot. Section 614 of the   Communications Act and the Commission's implementing rules permit stations to assert mandatory   carriage rights on cable systems located within their market. The prerequisite for asserting mustcarry   rights with respect to a particular cable system, however, is that the operator serve communities in the  S -  station's ADI. These communities have been deleted from WTLKTV's market by this Memorandum  S -  Opinion and Order. Because we have granted the petition to delete these communities from WTLKTV's   market, the associated complaint filed for mandatory carriage of its signal in these communities is rendered moot.  S4-'1 ORDERING CLAUSES lU  S-  35.` ` Accordingly, IT IS ORDERED , that the petition for special relief (CSR4992A) filed  S-  April 3, 1997 by Covington Cable TV IS GRANTED . Covington, Oxford, Porterdale, Georgia and the   surrounding unincorporated portions of Newton County, Georgia served by the Covington Cable TV system are no longer part of WTLKTV's market area for purposes of 614.  S-  36.` ` IT IS FURTHER ORDERED , that the "MustCarry Complaint" (CSR4969M) filed  S-  March 11, 1997 by Paxson Atlanta License, Inc., IS DISMISSED 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)).  S|-37.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VWilliam H. Johnson ` `  hh,VDeputy Chief, Cable Services Bureau