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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn7"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\"i~'K2^18MSS888S8888SSSSSSSSSS88Jxir{icx{8Aui{x`xoYi{xxxl888SS8JSJSJ8SS..S.SSSS>A.SSxSSJJSJS+SSSSS8SSSSSSSSS.xJxJxJxJxJorJiJiJiJiJ8.8.8.8.{SxSxSxSxS{S{S{S{SxSxJ{SxSxSxS{S`SxIxSxIqIqIrSrS{dgIiSiSgIxSxSxSxSxS{S{S8.SSSS8Sz]SSuSg/g/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNWashington, D.C. 20554 #&a\  P6G;0&P#у  S@- #&a\  P6G;0&P#In re:) )  S-Complaint of Larry L)ppCSR4931M Schrecongost, licensee of) W49BV, Indiana, Pennsylvania) ) Against TCI of Pennsylvania, Inc.,) Adelphia Cable Communications,) Hollis Corporation d/b/a/) Bethel Cable TV,) Summerville Cablevision, Inc., and) Commuter Cable Television) for Refusal to Carry W49BV) ) Request for Carriage)  S-  S-   MEMORANDUM OPINION AND ORDER  Sp-  SH- Adopted: August 21, 1997 hhCq ppReleased: August 25, 1997 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau:  S-R INTRODUCTION Đ\  SX- A1.` ` On January 24, 1997, Larry L. Schrecongost (Petitioner), licensee of low power television  d(#Lstation W49BV (Channel 49), Indiana, Pennsylvania, filed a complaint against TCI of Pennsylvania, Inc.  d(#l(TCI), Adelphia Cable Communications (Adelphia), Summerville Cablevision, Inc. (Summerville),  S- d(#Commuter Cable Television (Commuter),X yOH- d(#xԍSummerville Cablevision, Inc. and Commuter Cablevision, Inc. appear to be under common ownership and/or  d(#,management, as they are located at the same address and correspondence from both cable operators is signed by the same individual. As such, we will treat these operators as related for purposes of this complaint. and Hollis Corporation d/b/a/ Bethel Cable TV (Bethel) yOh - d(#ԍThe cable television systems locations subject to the complaint are as follows: TCI of Pennsylvania, Inc. serving  d(#ythe communities of Cowanshannock, Dayton Borough, Elderton Borough, Kiskiminetas Township, Saltsburg,  d(#Carrolltown, West Wheatfield Township, and Toby Township, Pennsyvania; Adelphia Cable Communications serving  d(#the communities of Blairsville, Freeport, Indiana, Kittanning, Nanty Glo, New Bethlehem, Punxsutawney, and Rayne  d(#[Township; Summerville Cablevision, Inc. serving Summerville; Commuter Cable Television serving Jefferson County; and Bethel Cable TV serving Loyalhanna Township, Parks Township, and Washington Township.   d(#(collectively, the cable operators) on the grounds that the cable operators had declined to carry the station,  d(#>pursuant to Section 76.61 of the Commission's rules. Petitioner's complaint alleges that W49BV is a  d(#fullyqualified low power television station within the meaning of Section 76.56(b)(3) of the Commission's  d(#rules and, therefore, is entitled to carriage on subject cable systems. Petitioner requests that the"@` ,**88w"  d(#Commission order the cable operators to carry W49BV. TCI, Adelphia, Bethel filed oppositions, to which  S-Petitioner responded.hm yO@- d(#ԍTCI filed a supplement and declaration in support of its supplement, in order to supplement its opposition to the complaint. Petitioner replied to these pleadings. Summerville and Commuter did not oppose the complaint.  S-WM BACKGROUND Đ\  S8- o2.` ` Section 614(a) of the Communications Act of l934, as amended, requires the carriage of  d(#]"qualified" low power television (LPTV) stations in certain limited circumstances. Under Section  d(#M76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has  d(#insufficient full power television signals to reach its channel set aside shall carry at least one qualified low  d(#ypower station. Thus, if a cable system is carrying its full complement of commercial full power stations,  d(#it need not carry a LPTV station. A LPTV station that conforms to the rules established for LPTV  d(#stations in Part 74 of the Commission's rules will be considered "qualified" only if: 1) it broadcasts for  d(#>at least the minimum number of hours of operation required under 47 C.F.R. Part 73; 2) it adheres to  d(#Commission requirements regarding nonentertainment programming and employment practices and "the  d(#yCommission determines that the provision of such programming by the station would address local news  d(#and informational needs which are not being adequately served by full power television broadcast stations  d(#because of the geographic distance of such full power stations from the low power television station's  SX- d(#jcommunity of license;"oX hm yO- d(#ԍSection 76.55(d)(2) provides that the LPTV station must meet "all obligations and requirements applicable to  d(#;full power television broadcast stations under part 73 of [Title 47, Code of Federal Regulations], with respect to the  d(#,broadcast of nonentertainment programming; programming and rates involving political candidates, election issues,  d(#controversial issues of public importance, editorials, and personal attacks; programming for children; and equal employment opportunity; ..." 47 C.F.R. 76.55(d)(2).o 3) it complies with interference regulations consistent with its secondary status;  d(#4) it is located no more than 35 miles from the cable system's headend and delivers to the principal  d(#!headend an overtheair signal of good quality; 5) the community of license of the station and the  d(#Lfranchise area of the cable system are both located outside the largest 160 Metropolitan Statistical Areas  d(#=(MSA's) on June 30, 1990, and the population of such community of license on that date did not exceed  d(#35,000; and 6) there is no full power television broadcast station licensed to any community within the  Sh- d(#county or other political subdivision (of a State) served by the cable system.@hhm yO-ԍ47 C.F.R.  76.55(d).@  Petitioner states that  S@-W49BV meets all of the above qualifying criteria under Section 76.55(d) of the Commissions rules.@@` hm yO@- d(#ԍPetitioner states that W49BV: 1) operates 24 hours a day, seven days a week, 365 days a year; 2) meets all  d(#obligations and requirements applicable to television broadcast stations under part 73 of the Commission's rules, with  d(#respect to programming and equal employment opportunity; 3) complies with interference regulations consistent with  d(#its secondary status pursuant to Part 74 of the Commission's rules; 4) is located less than 35 miles from each cable  d(#system headend and delivers good quality overtheair signals; 5) is located, together with the franchise areas at issue,  d(#outside the largest 160 Metropolitan Statistical Areas and W49BV's community of license, Indiana, Pennsylvania,  d(#has a population of under 35,000; and 6) has no full power television station licensed to the counties served by the cable systems at issue.  "h,`(`(885"Ԍ S-I THE COMPLAINTS Đ\  S- TCI  S`-  P3.` ` Petitioner states that he requested carriage on the TCI systems in letters of August l6, and  d(#November 7, l996. On November 21, l996, TCI responded by claiming that the station failed to deliver  d(#a usable signal to its Cowanshannock, Dayton, Elderton, Kiskiminetas, and Saltsburg systems. Petitioner  d(#contends that TCI erred in its engineering methodology in reaching this conclusion. In a January 8, l997  d(#letter to TCI, Petitioner contended that TCI's measurements failed to comply with accepted engineering  d(#methods. He pointed out to TCI that measurements were taken at four different headends on the same  d(#day, with three sets taken within 90 minutes of one another at three different headends located 20 miles  SH - d(#apart.H hm yO - d(#xԍPetitioner also pointed out in the January 8, l997 reply to TCI that it appeared that the antenna used to test  d(#YChannel 49's signal was an active antenna only capable of receiving frequencies up to 300 Mhz (VHF band), whereas  d(#YChannel 49 broadcasts on 680686 Mhz; that the readings were taken at the base of each tower, and not at the level  d(#wwhere other reception antennae were placed; and that the meter appeared to be miscalibrated. The letter also points out that very short, lineofsight conditions exist between the Channel 49 transmitter and the TCI headends. On September 23, l996, TCI requested verifications that Channel 49 was a qualified LPTV station,  d(#in regard to carriage on the Carrolltown and West Wheatfield Township systems. Petitioner responded  d(#on January 8, l997 and has not received a response. TCI requested further information concerning  d(#Channel 49's qualifications for must carry status in regard to its Toby Township system, to which  d(#Petitioner responded on January 8, l997. He states that TCI has not responded to this correspondence.  SX-  _4.` ` In opposition, TCI asserts that the station is not a qualified LPTV station for must carry  d(#purposes on all of its systems relevant to this matter. TCI contends that Petitioner has failed to meet the  d(#burden of showing that the station consistently broadcasts the types of programming that would "address  d(#local news and informational needs which are not being adequately served by full power television  d(#kbroadcast stations because of the geographic distance of such full power stations from the low power  d(#station's community of license, citing 47 C.F.R.  76.55(d)(2). TCI contends that although Petitioner has  d(#kcited a few anecdotal examples of its programming, it has not in any way quantified the amount of its  d(#"local" programming, nor has it shown that any of the programming addresses news and informational  S- d(#jneeds of any of the specific communities served by the systems at issue.xhm yO0- d(#ԍThe TCI cable systems identified in the complaint include the following headends: Rural Valley, Elderton,  d(#Kiskiminetas, Saltsburg, Carrolltown, Armagh, and Rimersburg. TCI explains that Petitioner's description of "system  d(#Klocations" do not correspond to the locations of certain system headends. Specifically, the Cowanshannock and  d(#Dayton system locations are served by the Rural Valley headend; the West Wheatfield system location is served by the Armagh headend; and the Toby system location is served by the Rimersburg headend. Moreover, TCI argues that all  d(#of the systems at issue carry numerous full power television stations licensed to Johnstown, Altoona, and  d(#Pittsburgh, Pennsylvania that adequately serve the local news and informational needs of TCI's  S- d(#subscribers.b ( hm yOh#- d(#wԍTCI states that certain Johnstown stations provide Grade A coverage to Indiana, Pennsylvania (located 31 miles  d(#from Johnstown), and at least Grade B coverage to nearly all of the cable systems at issue. In addition, TCI states  d(#that numerous Altoona and Pittsburgh stations, carried by TCI's cable systems subject to this complaint, provide at  d(#least Grade B coverage to Indiana, Pennsylvania (located 41 miles from Altoona and Pittsburgh), and to nearly all of the systems subject to the complaint.b TCI argues that Petitioner's unsupported contention that its programming is not available" ,`(`(88"  d(#from any other source fails to establish that the station's programming is locally oriented, or that it addresses the local needs not addressed by full power stations, as required by the Commission's rules.  S- 5.` ` TCI also contends that the Kiskiminetas, Saltsburg, and Armagh systems serve franchise  d(#areas primarily located in Westmoreland County, located within the Pittsburgh Metropolitan Statistical  d(#Area (MSA), and that the Carrolltown system is located and serves franchise areas in Cambria County,  d(#located in the Johnstown MSA. TCI cites the Bureau of the Census statistics, which rank these MSAs 19  d(#\and 138, respectively, on June 30, l990. Accordingly, TCI concludes that Petitioner fails to meet the  d(#requirement that both the community of license of the station and the franchise area of the cable system  S- d(#be located outside of the largest 160 MSAs with respect to these cable systems. In addition, TCI contends  d(#that signal strength studies performed at the Armagh and Carrolltown headends show that the station does  d(#not provide an overtheair signal of good quality. Finally, TCI states that the distance between the station  d(#and the Rimersburg headend exceeds the statutorily mandated limit of 35 miles for qualified low power  S -stations.  hm yO` - d(#[ԍIn his reply to TCI, Petitioner acknowledges that the Rimersburg headend is outside the 35 mile zone of W49BV, and therefore dismisses his complaint against this TCI headend.  S -  B6.` ` In his reply, Petitioner states that the programming on W49BV is locally oriented and  d(#addresses local news and informational needs. Petitioner maintains that these needs are not adequately  d(#.met by any full power television stations because of the distance of such stations from the communities  d(# at issue. Petitioner states that TCI's cable systems must use high gain antennas mounted high up on  d(#headend towers to receive the distant Pittsburgh and Johnstown programming. Petitioner contends that  d(#>its local programming, such as a weekly mass from the local diocese, and a "steady diet" of local high  d(#school athletics are unavailable from any other source. In addition, Petitioner contends that while much  d(#of the station's local programming is of special events which are not regularly scheduled, the cumulative  d(#=effect is a substantial amount of "truly local" programming. Petitioner continues that the Pittsburgh and  d(#Johnstown stations do not provide local programming to the systems in question, as they are located some  d(#50 miles from the systems, and concludes that W49BV provides local programming unavailable from other full power stations.  S-  A7.` ` Petitioner also argues that TCI has failed to identify what portions of the systems serving  d(#the Kiskiminetas, Saltsburg, and Armagh franchise areas are within the Pittsburgh MSA, and which  d(#portions are located outside. As such, he argues that where the cable system straddles counties, and some  d(#.of the franchises have LPTV must carry obligations and some do not, the LPTV station will be qualified  d(#for carriage in both franchise areas where they are served from headends located in a county where must  S- d(#carry obligations exist, citing Complaint of Seeway Broadcasters, 10 FCC Rcd 1670 (CSB, l995). Finally,  d(#0Petitioner repeats his contention that TCI has not conducted its signal strength tests using sound  d(#engineering measurement practices, and concludes that had TCI done so, the station's signal would exceed  Sb-the Commission's 45 dBm standard at all of TCI's headends, except the Carrolltown system headend. b hm yO"#- d(#ԍPetitioner withdraws his complaint against the Carrolltown system based on his admission that this system cannot currently receive a 45 dBm signal from W49BV. ":x ,`(`(88 "Ԍ S- Adelphia  S-  8. ` ` Petitioner states that he sent letters on August l6, l966 to the Adelphia cable systems which  S- d(#<are subject to the complaint. ( hm yO- d(#ԍAccording to Petitioner, Adelphia has systems which serve the following cable communities: Kittaning, also  d(#Kserving Appleworld, Ford City, Ford Cliff, Garretts Run, Manor Township, Manorville, McGrann, North Buffalo  d(#Township, Pattonville, Rosston, West Kittaning, and Worthington; Freeport in Armstrong County; Indiana, also  d(#serving Armstrong Township, Cherry Hill Township, Clymer, Commodore, Creekside, Delmont, Derry, Derry  d(#Township, Dixonville, Ernest, Export, Greene Township, Homer City, Indiana Township, Latrobe, Laurel Mountain,  d(#,Ligonier, Ligonier Township, Lloydsville, Monroeville, Merrysville, Oakwood Hills, Payne, Penn Township, Plum,  d(#Salem Township, Slickville, Starford, Unity Township, Upper Burrell Township, Washington Township, White  d(#Township, and Youngstown; New Bethlehem, also serving Alcoa Village, Fairmont City, Hawthorn, Oak Ridge  d(#Village, Portar Township, Redbank Township, and South Bethlehem; Rayne Township; Punxsutawney, also serving  d(#Bell Township, Big Run, Big Soldier, Canoe Township, Cloe, Gaskell Township, Henderson Township, McCalmont  d(#Township, Oliver Township, Perry Township, Rathmel, Reynoldsville, Rossiter, Sykesville, Walston, Winslow  d(#<Township, Wishan Township, and Young Township; and Blairsville, also serving Black Lick Township, Bolivar, Brenizer, Burrel Township, Center Township, Derry Township, Fairfield Township, and West Whearfield Township. Petitioner states that Adelphia responded with letters regarding its Kittaning  d(#[and Freeport systems, stating that the station failed to deliver a good quality signal to the systems based  d(#on Adelphia's signal strength measurement tests. Petitioner replied to these letters, contending that  d(#Adelphia's engineering methods were in error. Petitioner states that he received no responses in regard  d(#to Adelphia's other systems. He sent additional letters on November 7, l996 to these systems and did not  d(#receive a response. On December l2. l996, Petitioner called Adelphia, and was told that the cable operator  d(#ywas assessing whether the station qualified for carriage on these systems, and that he would receive a call  d(#"within a week." When Petitioner did not hear from Adelphia, he sent another letter to the cable operator on January 6, l996 regarding carriage on these systems.  S -  P9.` ` Adelphia contends in its opposition that (1) W49BV does not deliver a good quality over d(#ztheair signal to its cable systems; (2) W49BV did not provide to Adelphia information concerning its  d(#program content, and that the complaint indicates that the station's programming does not include local  d(#Mnews or children's programming; and (3) that several of the franchise areas in which W49BV requests  d(#[carriage are inside the Pittsburgh MSA, thereby disqualifying the station from must carry status in those  S0- d(#areas. 0 hm yO- d(#KԍAccording to Adelphia, the following communities are located within the Pittsburgh MSA: Delmont, Derry,  d(#Derry Township, Export, Latrobe, Laurel Mountain, Ligonier, Ligonier Township, Lloydsville, Murrysville, Salem  d(#Township, Slickville, Unity Township, Upper Burrell Township, Washington Township, Youngstown, Bolivar, Brenizer, Fairfield Township, Monroeville and Plum. Adelphia states that it informed Petitioner of Adelphia's test results which indicated that W49BV  d(#failed to deliver a good quality signal to Adelphia's headend. Adelphia insists that it conducted such tests  d(#in accordance with Commission requirements for sound engineering practices. Adelphia also contends  d(#.that Petitioner has failed to provide any information concerning the station's programming to verify that  d(#it meets the requirements for low power television stations to qualify for must carry status. Adelphia  d(#argues that Petitioner's examples of local programming consists of a few isolated occasions where W49BV  d(#broadcast onetime events. In addition, Adelphia contends that the station's programming does not include  d(#=any local news or children's programming. Adelphia concludes that such minimal programming does not  d(#ksatisfy the station's obligation to meet either the programming requirements for commercial broadcast  d(#stations or the requirement to provide local news and informational programming, which Adelphia  d(#Lcontends is adequately provided by local full power stations. Adelphia also states that it does not serve" ,`(`(88"  d(#the communities of Commodore, Dicksonville, Greene Township, Indiana Township, Oakwood Hills,  d(#/Payne and Starford, and that Petitioner's complaint is in error in regard to Adelphia's cable service to these communities.  S`-  10.` ` In his reply, Petitioner states that local programming is not carried by any other station,  d(#=and the fact that some of the programming consists of onetime events, e. g., high school sporting events  d(#.and political debates, is irrelevant. Petitioner argues that the station does carry regularly scheduled local  d(#programming, such as the local Catholic Mass. Petitioner argues that although W49BV does not carry  d(#a daily news broadcast, many of its programs address news in the community, and that carriage of a daily  S- d(#jnews program is not the sine qua non of LPTV qualification, citing Complaint of Folse Productions, Inc.,  d(#10 FCC Rcd 13644, 13645 (Cable Services Bureau, l995). Petitioner continues that carriage of political  d(#Mdebates, local sports, and local community events is an adequate substitute for a "formal" daily news  d(#broadcast. In regard to children's programming, Petitioner states that the station broadcasts approximately  d(#12 hours of such programming per week, including twice daily showings of "Children's Room" and  d(#"Gerbert" during the week, and instructional programming on the weekends of interest to children 16 years  S - d(#and younger.$ hm yO- d(#ԍPetitioner contends that the Commission has stated that it will not undertake a thorough review of the children's  d(#hprogramming schedule of an LPTV station to determine whether the station meets a quantitative standard, since the  {O- d(#iamount of children's programming is left up to the discretion of the broadcaster, citing Complaint of Pentecostal  {Ol-Revival Associates, 10 FCC Rcd 8602 (Cable Services Bureau, l994). Further, Petitioner argues that the Pittsburgh stations, some 50 miles away, do not broadcast programming that address local issues.  S2- Bethel  S-  11.` ` Petitioner states that he sent letters to BethelFhm yO6- d(#xԍBethel Cable TV is identified by Petitioner as operating systems in Loyalhanna Township, which also serves  d(#Conemaugh Township; Parks Township, which also serves Bethel Township, Kiskiminetas Township, and Manor  d(#Township; and Washington Township, which also serves Allegheny Township, Boggs Township, Burrell Township,  d(#East Franklin Township, North Buffalo Township, Rayburn Township, South Buffalo Township, Sugarcreek Township, Valley Township, and Washington Township.F on August l6, l996 requesting carriage. A  d(#series of telephone conversations and letters between Petitioner and Bethel ended in a January 14, l997  d(#letter from Bethel to Petitioner, in which the cable operator requested proof of the station's must carry  d(#qualifications, and stated that Petitioner had failed to demonstrate that the station is delivering an adequate signal to any of Bethel Cable TV's headends.  S-  12.` ` Bethel states in its opposition and supplement to its opposition that W49BV fails to deliver  d(#\the required quality signal of 45 dBm to Bethel's Loyalhanna, Parks and Washington cable television  S- d(#system headends.d hm yO"- d(#hԍethel Cable TV states in its opposition that its three cable television systems in the Pittsburgh market serve the  d(#following twenty two communities, as follows: the Loyalhanna system serving the townships of Bell, Conemaugh,  d(#hDerry and Loyalhanna; the Parks system serving the townships of Allegheny, Bethel, Burrell, Gilpin, Kiskeminetas,  d(#Manor, North Buffalo, Parks South, Bend and South Buffalo; and the Washington system serving the townships of Boggs, East Franklin, Madison, Pine, Rayburn, Sugarcreek, Valley, and Washington. Additionally, Bethel contends that Petitioner fails to demonstrate that the Pittsburgh  d(#stations fail to provide Bethel's subscribers with local programming that is provided by W49BV. Finally,"z,`(`(88"  d(#NBethel states that the burden is on Petitioner to demonstrate its eligibility for carriage to the cable operators, which Bethel contends Petitioner has not done.  S- #13.` ` In his reply to Bethel's opposition, Petitioner contends that Bethel has created artificially  d(#low measurements in attempt to avoid its must carry obligations. He argues that Bethel's test data should be disregarded, and that the Commission should order to Bethel to begin carriage of W49BV immediately.  S- Summerville and Commuter  S- 14.` ` Petitioner states that he sent letters to SummervilleCXhm yO - d(#ZԍSummerville operates a cable television system in Summerville, Pennsylvania, also serving the communities  d(#of Baxter, Beaver Township, Clover Township, Heathville, Limestone Township, Mayport, Ohl, Redbank Township, Shanondale, and Summerville Borough.C and Commuter"Xhm yO - d(#ԍCommuter operates a cable television system in Jefferson County, Pennsylvania, which also serves subscribers  d(#in Know Township, Oliver Township, Ringgold Township, Rose Township, Timblin Borough, and Worthville Borough." on August l6, l996,  d(#requesting carriage on their systems. Receiving no response, Petitioner sent an additional letter requesting  d(#carriage to the systems on November 7, l996. On December 6, l996, both Summerville and Commuter  d(#responded to Petitioner, stating that the station failed to deliver and maintain a good quality signal at both  d(#systems headends. In addition, Summerville contended that W49BV is more than 35 miles from its  d(#headend. Accordingly, the systems concluded that they were under no obligation to carry the station.  d(#[Petitioner, in his reply, argues that Summerville and Commuter should be ordered to carry the station, as neither cable operator subsequently filed an opposition with the Commission pursuant to his complaint.  S0-( ANALYSIS AND DISCUSSION Đ\  S- 15.` ` Section 76.55(d)(2) requires that in order for a LPTV station to be accorded qualified  d(#status for must carry purposes in a matter such as this, the Commission must determine that the station's  d(#?nonentertainment programming addresses local news and informational needs which are not being  d(#adequately served by full power television broadcast stations because of the geographic distance of the  d(#full power stations from the LPTV's community of license. We are not convinced that Petitioner has met  d(#his burden of demonstrating that W49BV provides local news and informational programming. Petitioner  d(#jhas failed to introduce any programming logs or other evidence supporting its contention that it provides  d(#.local news and informational programming. Other than one regularly scheduled program, a weekly mass  S- d(#from the local diocese,hm yOH -ԍWe are not convinced that this program qualifies as either news or informational programming. Petitioner provides only unspecified examples of political debates, local sports  d(# and community events, without information regarding the scheduling of such programming or how it  d(#Lfulfills the mandate of the Commission's rules. In view of Petitioner's failure to introduce such evidence,  d(#we are unable to conclude that W49BV is a qualified low power station as contemplated by Section  d(#614(h)(2) of the Act or Section 76. 55(d) of the Commission's rules. Consequently, W49BV is not entitled to mandatory carriage on the cable systems relevant to this proceeding.  S- 16.` ` Although Petitioner has not demonstated that W49BV is a qualified LPTV station for must  d(#carry purposes, we believe it instructive to note that the cable operators in this matter have apparently not"`,`(`(88"  d(#conducted engineering tests in response to Petitioner's requests for carriage in accord with accepted  S- d(#Commission standards.uhm {O@-ԍSee Clarification Order in MM Docket No. 92259, 8 FCC Rcd 4142 (l993).u Since the cable operator is at the outset in a superior position to know whether  d(#kor not a given station is providing a good quality signal to the system's principal headend, we believe  d(#that the initial burden of demonstrating the lack of a good quality signal appropriately falls on the cable  d(#operator. In meeting this burden, the cable operator must show that it has used good engineering practices  d(#to measure the signal delivered to the headend. To measure a stations's signal to see if it meets the  d(#.Commission's requirements, a cable operator's signal strength surveys should, at a minimum, include the  d(#jfollowing: 1) specific make and model numbers of the equipment used, as well as its age and most recent  d(#date(s) of calibration; 2) description(s) of the characteristics of the equipment used, such as antenna ranges  d(#and radiation patterns; 3) height of the antenna above ground level and whether the antenna was properly  d(#oriented; and 4) weather conditions and time of day when tests were done. While the Commission does  d(#jnot specify which type of antenna must be used to determine signal strength, a cable operator is required  d(#/to take measurements with "generally accepted equipment that is currently used to receive signals of  S -similar frequency range, type or distance from the principal headend."@ Zhm {O-ԍId. at 4143.@  S - TCI  SX- 17.` ` We are not convinced that TCI has complied with the Commission's requirements for the  d(#.use of good engineering practices in measuring the signal of W49BV. According to information supplied  d(#Lby Petitioner, and not contradicted by information supplied by TCI, it appears that the testing antennas  d(#at the Rural Valley, Kiskiminetas, Elderton and Armagh headends were not comparable in performance  d(#and height to antennas used by TCI at these sites for the reception of other UHF stations, and that the  d(#testing antenna used at the Saltsburg headend was not comparable in performance to antennas used at this site for the reception of other UHF stations.  S- ~18.` ` We also do not agree with TCI's argument that its Kiskiminetas, Saltsburg, and Armagh  d(#systems need not carry W49BV because these systems also serve franchise areas located in Westmoreland  d(#County, located within the Pittsburgh MSA. A system which otherwise is required to carry a low power  d(#station cannot escape its carriage obligation because portions of that system are located within the top 160  d(#MSAs. Where a system serves franchise areas both within and without a top 160 MSA, and is otherwise  d(#obligated to carry a LPTV station, that system will be required to carry the station, and, if technically  d(#feasible, will be allowed to filter out carriage of the station in those franchise areas that fall within a top  S- d(#160 MSA. See Report and Order in MM Docket No. 92259, 8 FCC Rcd 2965 at paragraph 41, where  d(#the Commission stated that where a cable system serves communities in two different Areas of Dominant  d(#kInfluence (ADI), that system must carry all of the required local commercial television signals in both ADIs, unless the system is technically capable of segregating its carriage obligations.  S:- Adelphia  S -  A19.` ` Adelphia has not provided the Commission with any test results for the signal strength of  d(#W49BV at its Indiana, New Bethlehem, Punxsutawney, and Rayne Township systems. In addition, it  d(#appears from information supplied to the Commission by Petitioner, and not contradicted by information  d(#supplied by Adelphia, that the cable operator did not use antenna equipment similar in performance in"r#,`(`(88%"  d(#[testing W49BV's signal at the Blairsville, Freeport, and Kittanning headends. Based on the record before  d(#us, it appears that Adelphia has not conducted its signal strength tests using accepted Commission standards.  S`- Bethel  S- 20.` ` Petitioner has supplied information, supported with photographs, that other UHF stations  d(#>carried by the three Bethel systems are received by Bethel antennas mounted at a higher elevation on  d(#Bethel's towers than the antennas used to test W49BV's signal. This disparity can result in a lower signal  d(#level being received by the cable operator. Bethel has provided the Commission with no information to  d(#dispute this conclusion. Based on the record before us, it appears that Bethel has not conducted its signal strength tests using accepted Commission standards.  S - Commuter and Summerville  S - 21.` ` Although Commuter and Summerville did not file an opposition in this matter, both  d(#operators supplied Petitioner with letters indicating their belief that the station did not provide an adequate  d(#signal to the cable operators headend. In addition, Summerville contended in a letter to Petitioner that  d(#the system was more than 35 miles from the station. Petitioner refuted that contention is his reply to  d(#Summerville and the cable operator did not supply any additional information to Petitioner that would  d(#jsupport its contention that the system was outside of the 35 mile limit. In addition, it appears that both  d(#Summerville and Commuter were deficient in the number of measurements taken to determine W49BV's  S- d(#signal strength. A cable operator must conduct multiple signal quality tests to ensure accurate results.zhm {O-ԍSee Complaint of Channel 5 Public Broadcasting, Inc., 8 FCC Rcd 4953 (l993).z  d(#Generally, if the test results are less than 51 dBm for a UHF station, we have said that at least four  d(#readings must be taken over a twohour period. Where the initial readings are between 51 dBm and 45  d(#dBm, we believe that the readings should be taken over a 24hour period with measurements not more  d(#than four hours apart to establish reliable test results. It is apparent from correspondence between  d(#Petitioner and Commuter and Summerville that the cable operator did not conform to Commission requirements in its testing methods.  SP-  22.` ` Even though it appears that the cable operators in this matter did not conform to  d(#jCommission requirements for the testing of W49BV's signal, it is clear that Petitioner has not established  d(#that the station is a qualified LPTV station for must carry purposes, due its lack of evidence regarding the station's local news and informational programming. " Z,`(`(88"Ԍ S-p  # X # ORDER Đ\  S- 23.` ` Accordingly, IT IS ORDERED , pursuant to Section 614 of the Communications Act of  d(#l934, as amended, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules. that the complaint  S`- d(#filed by Larry L. Schrecongost, licensee of W49BV, Indiana, Pennsylvania in File No. CSR 4931M, IS  S8- d(#DISMISSED as to the Carrolltown and Rimersburg, Pennsylvania cable television systems operated by  d(#=TCI of Pennsylvania, Inc., and in all other respects, that the complaint filed by Larry L. Schrecongost in  d(#=File No. CSR 4931M against TCI of Pennsylvania, Inc., Adelphia Cable Communications, Summerville  S- d(#!Cablevision, Inc., Commuter Cable Television and Hollis Corporation d/b/a/ Bethel Cable TV IS  S-DENIED .  SH - _24.` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules. 47 C.F.R. Section 0.321. ` `  hhCFEDERAL COMMUNICATIONS COMMISSION  # X #  ` `  hhCGary Laden, Chief ` `  hhCConsumer Protection and Competition Division ` `  hhCCable Sevices Bureau