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See Definition of Markets for Purposes of the Cable Television Mandatory   Television Broadcast Signal Carriage Rules, Report and Order and Further Notice of Proposed Rule Making, CS"),))H)"  {O-Docket No. 95178, 11 FCC Rcd 6201, (1996) ("Market Determinations"). An ADI is a geographic market designation that defines"rZ,))II"   yeach television market exclusive of others, based on measured viewing patterns. Essentially, each county   in the United States is allocated to a market based on which homemarket stations receive a preponderance   lof total viewing hours in the county. For purposes of this calculation, both overtheair and cable  S-television viewing are included.$Z yO- xZԍBecause 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  {O- xpreponderance of the audience in that county. For a more complete description of how counties are allocated, see  {O-Arbitron's Description of Methodology.  S8-  3.` ` The Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) further provides that the Commission may:  ~Xwith respect to a particular television broadcast station, include additional communities  within its television market or exclude communities from such station's television market to better effectuate the purposes of this section.  In considering such requests, Section 614(h)(1)(C)(ii) provides that:  BXthe Commission shall afford particular attention to the value of localism by taking into account such factors as    XX` ` (I) whether the station, or other stations located in the same area, have   )been historically carried on the cable system or systems within such community;x`   #XX` ` (II) whether the television station provides coverage or other local service to such community; `   #&XX` ` (III) whether any other television station that is eligible to be carried by a cable   #6system in such community in fulfillment of the requirements of this section   #rprovides news coverage of issues of concern to such community or provides   #carriage or coverage of sporting and other events of interest to the community; and `   XX` ` (IV) evidence of viewing patterns in cable and noncable households   within the areas served by the cable system or systems in such  S-community.GF yO"-ԍ47 U.S.C. 534(h)(l)(C)(ii).Gx`  S-4.` ` The legislative history of this provision indicates that:  Xwhere the presumption in favor of ADI carriage would result in cable subscribers losing  Baccess to local stations because they are outside the ADI in which a local cable system"8,_(_(II "  operates, the FCC may make an adjustment to include or exclude particular communities  pfrom a television station's market consistent with Congress' objective to ensure that  #television stations be carried in the areas which they serve and which form their economic market.  $ * * * * *  n  [This subsection] establishes certain criteria which the Commission shall consider in acting  $on requests to modify the geographic area in which stations have signal carriage rights.  These factors are not intended to be exclusive, but may be used to demonstrate that a  Sp-community is part of a particular station's market.Zp yO -ԍH.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992).Z     S -  n5.` ` The Commission provided guidance in its Report and Order in MM Docket 92259, supra, to aid decision making in these matters, as follows:  A  For example, the historical carriage of the station could be illustrated by the submission of  S - documents listing the cable system's channel lineup (e.g., rate cards) for a period of years. To  show that the station provides coverage or other local service to the cable community (factor 2),  {parties may demonstrate that the station places at least a Grade B coverage contour over the cable  community or is located close to the community in terms of mileage. Coverage of news or other  programming of interest to the community could be demonstrated by program logs or other  descriptions of local program offerings. The final factor concerns viewing patterns in the cable  S- ^community in cable and noncable homes. Audience data clearly provide appropriate evidence  about this factor. In this regard, we note that surveys such as those used to demonstrate  @significantly viewed status could be useful. However, since this factor requires us to evaluate  mviewing on a community basis for cable and noncable homes, and significantly viewed surveys  typically measure viewing only in noncable households, such surveys may need to be  S-supplemented with additional data concerning viewing in cable homes.iX {O-ԍMustCarry Order, 8 FCC Rcd at 2977 (emphasis in original).i      In adopting rules to implement this provision, the Commission indicated that changes requested should   be considered on a communitybycommunity basis rather than on a countybycounty basis and that they   =should be treated as specific to particular stations rather than applicable in common to all stations in the  S-market.Z  {O -ԍMustCarry Order, 8 FCC Rcd at 2977 n.139. Z  S- MARKET FACTS AND ARGUMENT ă  Sf-  6.` ` TWI Cable asserts in its market modification petition that WNABTV has not been carried   zon its cable system, that WNABTV, located about 15 miles southeast of Nashville, is geographically   ydistant (approximately 85 miles) from the headend of its cable system serving the Communities, and that   WNABTV fails to provide a Grade B signal over any portion of the Communities served by its cable   system. TWI Cable asserts that WNABTV's Grade B signal contour falls almost 40 miles short of"!| ,_(_(IIU#"   Camden. TWI Cable provided copies of WNABTV's prime time program schedule from the Nashville  S-  Edition of TV Guide in support of its assertion that WNABTV fails to broadcast any programming of   specific local interest to the Communities. TWI Cable also asserts that WNABTV fails to achieve any significant viewing audience in the Communities.  S:-  7.` ` TWI Cable states that station viewing data and station rating information for WNABTV   are not available, because the station only commenced operations broadcasting in November 1995.   0However, it contends that the Commission may reasonably conclude that the station achieves no   jmeasurable audience in the Communities, because of the station's distance from the Communities, and its   failure to provide a Grade B or better signal to any of the Communities. TWI Cable provided an exhibit   <showing that five stations licensed to Nashville, Tennessee and two stations licensed to Jackson, Tennessee   are carried on its Camden cable system. TWI Cable also provided program schedules for the Nashville   \stations and suggests that, since these program schedules show that programming originated by these   Lstations provides its subscribers a wide range of news, sports, public affairs and public service coverage,   any additional programming offered by WNABTV would add nothing significant to that already available to its subscribers.  SZ-  8.` ` Although the station and the Communities are both in the Nashville (Cookeville),   Tennessee ADI, TWI Cable contends that the Commission should delete the Communities from WNAB  LTV's market. It argues that when the relevant facts and circumstances described in its petition are tested   under the statutory market modification criteria, such relief is required to make the station's market   .congruous with market realities. TWI Cable states that it also does not carry four other stations located   in the Nashville ADI that do not place Grade B signals over the Communities. For that reason TWI Cable   argues that WNABTV will not be competitively disadvantaged relative to those stations by the requested market modification.  S-  9.` ` Speer opposes the proposed modification of the market of station WNABTV. Addressing   zthe first of four market modification factors listed in Section 614(h)(1)(C)(ii) (historic carriage), Speer   concedes that WNABTV has not been carried on TWI Cable's cable system. Speer asserts that lack of  Sz-  jcarriage of WNABTV, which became operational in November of 1965,T z {O-ԍSee Opposition, Affidavit of Ken SmithT should not be given significant   weight in determining whether to grant the petition. Speer contends the must carry provisions were enacted to cure past discriminatory signal carriage practices.  S-  #10.` ` Regarding the second factor (local service and coverage), Speer seeks to establish coverage   of the Communities and programming of local interest by stating that WNABTV produces and broadcasts   ?programming designed to address the interests of all residents of the Nashville ADI, including the   communities served by TWI Cable. Speer identifies several programs that it produces, such as   \"Newsbreaks," broadcast five times each day, "Tennessee Moments," and "Town Hall Meetings," as   programs that present local news, contain vignettes designed for Tennesseeans across the viewing area,  S -  and address topical issues important to all viewers, including those in the cable communities at issue.a Z {O$-ԍSee Opposition, p. 910 and Affidavit of Ken Smith.a   jSpeer points out also that WNABTV runs "crawls" displaying weather information alerting its audience   of severe and threatening weather and information about school closings due to inclement weather and   .hazardous conditions. Speer states that WNABTV also provides live coverage of local college and high"r# ,_(_(II%"   school sports, including those in and near the Camden and Benton County area. It argues that the local   programming provided by WNABTV is exactly what Congress sought to stimulate in mandating ADI  zwide carriage of smaller stations like WNABTV. If the petition were granted, only well established,   =higher powered stations such as those that are able to provide a Grade B signal to the cable communities or could afford retransmission consent would be able to achieve carriage throughout the ADI.  S-  11.` ` The cable system's carriage of the programming of stations licensed to Nashville and   Jackson, Tennessee does not support grant of the petition, Speer contends. First, Speer asserts that TWI   Cable's provision of examples of those stations' published program schedules does not establish that those   other stations provide local service as claimed. Speer also points out that TWI Cable carries Nashville   =station WZTVTV, whose Grade B signal does not cover Camden. Speer argues, however, that WZTV  yTV's closer reach to Camden than WNABTV does not justify the operator's failure to carry WNABTV   jas suggested by TWI Cable. Speer argues also that the fact that TWI Cable does not carry other stations   jin the Nashville ADI that do not place Grade B signals over the Communities is irrelevant. Speer further   argues that TWI Cable's not carrying those four stations does not establish that WNABTV will not be competitively disadvantaged by grant of the petition.  SX-  12.` ` Speer asserts that the petition fails to demonstrate that the proposed deletion of the   Communities from its market would "better effectuate" the purposes of the must carry provisions. It   argues that the must carry provisions place the burden on the cable operators to justify a market   modification, that the Congress did not intend for market modification procedures to permit a cable   operator to avoid its must carry obligations, and that the market modification procedures were intended   to address select cases where ADI fine tuning was appropriate. It claims TWI Cable failed to demonstrate   how denying WNABTVcarriage in the Communities would better effectuate the purposes of the must   carry provisions and failed to allege that carriage of the station would preclude carriage of a more local broadcast station.  S-  13.` ` Speer takes the position that the Congress enacted the must carry provisions to protect   lsmall, vulnerable, independent stations by ensuring their carriage throughout an ADI derived from   economic market realities rather than a mileagebased system dependent in large part upon the extent of   a station's signal contours. Speer notes in this regard that Congress declined to enact a bill that initially   0included a fifty mile radius must carry qualification provision that failed to gain acceptance while   eventually replacing that provision with the current ADIbased qualification test. Speer contends that   Congress sought in this manner to enable smaller stations to compete effectively for viewership and   advertising revenues, thereby providing financial resources and incentives necessary to strengthen local   program services. It argues, therefore, that WNABTV's failure to place a Grade B signal contour over   the Communities at issue and its location some distance from those Communities have no decisional   significance. Speer argues that the United States Supreme Court recently upheld the mustcarry provisions   Llargely on the grounds that those statutory provisions were a lawful effort to support and protect small,   emerging broadcasters such as WNABTV. Speer argues that the Court thus recognized this   Commission's conclusions that without such relief, local offtheair broadcasting was endangered, because   [cable systems would have incentives to drop local broadcasters in favor of other programmers less likely  Sp#-  jto compete with them for audience and advertisers.y p# {O%-ԍSee Turner Broadcasting System, Inc. et al. v. FCC, 117 S. Ct. 1174 (1997).y Speer argues the Commission, in implementing and   Zdefending the mustcarry provisions before the Supreme Court, explicitly recognized that without the mustcarry protection cable operators would be inclined to refuse to carry smaller, emerging broadcast stations." %Z ,_(_(II&"Ԍ S-ԙ  DISCUSSION AND ANALYSIS ă  S-  14.` ` WNABTV is a UHF commercial television station licensed to operate on Channel 58 at   \Nashville, Tennessee and is located within the Nashville (Cookeville), Tennessee ADI. The station is   jlocated approximately 85 miles from the headend of TWI Cable's cable system serving the Communities,  S8-which are also located in the Nashville ADI.f 8 {O-ԍArbitron's 19911992 Television ADI Market Guide, p.919.f  S-  S-  `15.` ` WNABTV, which first became operational in November of 1995, has not been carried   on TWI Cable's cable system at issue here. In addition, WNABTV is located approximately 85 miles   @from the Communities and does not provide a Grade B signal contour over any portion of the   @Communities. WNABTV's Grade B signal contour falls approximately 40 miles short of the   Communities. Although not conclusive of themselves, in other circumstances these factors would tend   to indicate that the Communities served by TWI Cable may be too distant to be a part of WNABTV's  S -  .market.8 Z yO-  ԍSpeer contends that, regardless of the Section 614(h) process, smaller, independent stations are essentially   wguaranteed the right to carriage throughout the ADI. The provisions of the must carry statute specifically direct the   Commission to exclude communities from a station's ADI where doing so will better effectuate the purposes of the  {OJ-  legislation. See 47 U.S.C. 534(h)(1)(C)(i). The legislative history notes that the Commission, in making market   determinations, may conclude that a community within a station's ADI may be "so far removed" from the station that it cannot be deemed part of the station's market. H.R. Rep. No. 628, 102d Cong., 2d Sess.at 9798.8 The fact that WNABTV is a relatively new station, however, bears on the weight to be given   the historic carriage factor. With respect to the coverage factor, there is also evidence that WNABTV   Mprovides live coverage of local college and high school sports, including those in and near the Camden and Benton County area.   S0-  16.` ` Section 614(h)(1)(C) of the Communications Act requires the Commission to include or   exclude particular communities from a television station's market for the purpose of ensuring that a   television station is carried in the areas which it serves and which form its economic market. Although   WNABTV is not carried on the cable system in question, the cable system does carry five other stations  S-  licensed to Nashville, yO- xԍWKRNTV (Channel 2), WSMVTV (Channel 4 NBC), WTVFTV (Channel 5 CBS), WDCNTV (Channel 8 PBS), and WZTVTV (Channel 17 Fox). which is also WNABTV's city of license. The carriage of five stations licensed   to Nashville on the cable system in Camden provides strong evidence that Camden communities should   zbe considered part of the market of stations licensed to that city. The requested exclusion of Camden   from WNABTV's market would allow TWI Cable to discriminate among the several stations licensed  S-  .to Nashville, despite the Congressional mandate to preclude such discrimination.TZ,  {O!- xԍSee House Committee on Energy and Commerce, Cable Television Consumer Protection and Competition Act  xof 1992, H.R. Rep. No. 102628, at 98. (Congress sought to prevent cable operators from discriminating "among several stations licensed to the same community.")T Under the statutory   =factors, we must consider not only whether the cable system carries the station that is the subject of the   Nmarket modification petition, but also whether "other stations located in the same area, have been  Sx-historically carried on the cable system ...."UxN  {Of'-ԍSee 47 U.S.C.  534(h)(1)(C)(ii)(I).U "x,_(_(II"Ԍ S-  $ԙ17.` ` We have carefully considered each statutory factor in the context of the circumstances  S-  presented here._ {O@-  ԍWe are under no obligation to give particular weight to any particular one of the several statutory factors. See  {O -  Time Warner Entertainment Co. v. FCC, 56 F.3d 151, 175 (D.C. Cir. 1995); Accord Omnipoint Corp. v. FCC, 78   F.3d 620, 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.")_ The carriage of the five Nashville stations on the Camden cable system, however, is   \an overriding factor in this case because it evidences a strong market nexus between Nashville and the   cable communities and because it impacts heavily on the ability of WNABTV to reach viewers in a   =portion of the Nashville ADI that at least five of the other stations serving the same community are able   to reach. Accordingly, we find that TWI Cable failed to demonstrate that the requested exclusion of the   Communities served by TWI Cable's cable system from WNABTV's television market will better effectuate the purposes of the mustcarry statutory provisions.  S-T ORDER ă  SH -  n18.` ` Accordingly, IT IS ORDERED , pursuant to 614(h)(1)(C) of the Communications Act   [of 1934, as amended, 47 U.S.C. 534(h)(1)(C), and 76.59 of the Commission's Rules, 47 C.F.R. 76.59,  S -  >that the petition for special relief filed by TWI Cable in File No. CSR 4972A IS DENIED. Speer   Comomunications Limited Partnership shall notify TWI Cable in writing of its carriage and channel   jposition election (76.56, 76.57, and 76.64(f) of the Commission's Rules) within thirty (30) days of the  S -  release date of this Memorandum Opinion and Order. TWI Cable shall come into compliance with the applicable rules within sixty (60) days of such notification.  S -  _19.` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules, 47 C.F.R. Section 0.321. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VWilliam H. Johnson  S-` `  hh,VDeputy Chief, Cable Services Bureau