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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:8HH"&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""%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\{,W80,%CW*f9 xr G;X7nC:,='Xn4  pG;Xn Times New Roman!$$2f\\f[ K`^Pby.X80,X\  P6G;P7jC:,9Xj\  P6G;XP2a=5,&a\  P6G;&P 2e=5,&e4  pG;&W!@(#,h@\  P6G;hPH5!,i,5\  P6G;,P\5hC:,%2Xh*f9 xr G;XX\{,W80,%0W*f9 xr G;X7nC:,|Xn4  pG;XP:% ,J:\  P6G;JP"i~'^5>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\y.X80,X\  P6G;P7jC:,9Xj\  P6G;XP2a=5,&a\  P6G;&P 2e=5,&e4  pG;&W!@(#,h@\  P6G;hPH5!,i,5\  P6G;,P\5hC:,%2Xh*f9 xr G;XX\{,W80,%0W*f9 xr G;X7nC:,|Xn4  pG;XP:% ,J:\  P6G;JP\0_=5,%&_*f9 xr G;&X }7Times New RomanTimes New Roman BoldCG sCG Times BoldTimes New RomanTimes New Roman BoldTimes New Roman Italic 2f S- X    S-  Federal Communications Commission`}(#DA 971948 ă  yxdddy PK #&a\  P6G;&P#Before the Federal Communications Commission  S-""Washington, D.C. 20554 ă  S`-In re:j)pp j) Complaint of Jones Intercable, Inc.j)  S-j)CSR4976A j) For modification of the j) Los Angeles ADIj) l l  S -  MEMORANDUM OPINION AND ORDER lU  S -X` hp x (#%'0*,.8135@8:reportable audience share in the cable communities in question but we have considered other relevant   {factors. We first note that KZKI, a home shopping network and Asianlanguage programmer, is a" |",`(`(88!"  S-  specialty station. The Commission has found that specialty stations typically attract limited audiences.# yOh-  xԍKZKI states that, according to the 1990 U.S. Census data, the Los Angeles PSMA was reported to be 10.5% Asian reported as of September, 1994. Opposition at n. 59.   We note that KZKI provided examples of its foreignlanguage programming, advertisements from local   businesses, and public affairs programming to show that it focused on the needs and interests of the Asian  S-  community located in Los Angeles.F$  {OH-ԍSee  11 supra.F It is unclear how much of the KZKI's public affairs programming   Mis focused on the cable communities at issue. For instance, KZKI introduced evidence that its public  S8-affairs program "Southern Exposures" focuses on issues of interest to the San Bernardino area.]%8 yO -ԍKZKI Opposition, Declaration of Terry Crosby,  5.]  S-  29.` ` We have carefully considered the statutory factors as well as other relevant information.   We find that KZKI has no history of carriage on Intercable's cable system (factor I) but provides coverage   yand local service to nine of the 11 cable communities at issue (factor II) and that it is a specialized station   Lwhich attracts a limited audience but which the Commission has found can "offer a desirable diversity of  SH -  programming."&H B {O*-ԍFirst Report and Order, 58 FCC 2d 442, 452 (1976), recon. denied, 60 FCC 2d 661 (1976). (factor IV) Intercable's channel lineup shows that it carries other local television   stations on its cable system serving the Communities but does not include program listings. Factors II   and IV weigh against the requested action while Factors I and III weigh in favor of deletion with respect   to the cable communities for which KZKI does not provide coverage. The evidence, on balance,   persuades us to deny Intercable's petition with respect to the cable communities of Elizabeth Lake, Green   Valley, Lake Los Angeles, Lancaster, Leonna Valley, Littlerock, Los Angeles County, Palmdale, and   Pearblossom. However, the lack of coverage and other relevant factors persuade us that the evidence with   /regard to the communities of Edwards Air Force Base and Quartz Hill weighs in favor of Intercable's request with respect to those communities.  S-  KSCI   Sh-  A 30.` ` KSCI has shown that it has a history of carriage on Intercable's cable system and has been   carried by Intercable since 1993. (factor I) KSCI has also shown that it provides Grade B contour   coverage to the cable communities at issue. (factor II) With respect to geographic distance, we find that   Intercable carries a television station, KHIZ, an independent station, that is 11 miles more distant from  S-  Intercable's headend than KSCI.F' {O< -ԍSee  16 supra.F We further find that, with respect to factor III, Intercable's channel   lineup shows that it carries other local stations but Intercable did not demonstrate that those stations offer   {programming focused on the needs and interests of the cable communities at issue. With regard to   viewership ratings, we find that KSCI's assertion with respect to the methodology employed to survey the   Los Angeles market raises the issue of whether viewing by ethnic groups has been underrepresented in   [the survey. The evidence shows that KSCI has a history of carriage, places a predicted Grade B contour   over the Communities, and is a specialty station. We are persuaded by the evidentiary weight of these factors to deny Intercable's request with respect to KSCI. " f ',`(`(88"Ԍ S- ` ` KRCA  S-  Q31.` ` We find that KRCA has a history of carriage on Intercable's cable system and has been   carried by Intercable since 1994. (factor I) We take note of KRCA's showing that Intercable carries a Los  S`-  Angeles station, KVEA, whose city of license is in the same area as KRCA's city of license.Y(X` yO-  ԍKRCA includes a contour coverage map which shows that the City of Riverside, KRCA's city of license, is   located in the same area as the City of Corona, KVEA's city of license. KRCA asserts that the borders of the two communities are contiguous. Opposition at Exhibit 1. Y We further   find that KRCA has shown that it provides Grade B contour coverage to all of the cable communities at   issue with the exception of Edwards Air Force Base (factor II). With regard to Intercable's allegation that   the San Gabriel Mountains form a natural barrier between itself and KRCA, we find that Intercable has   not shown a distinction between KRCA, or the other television stations at issue, and other Los Angeles   stations which Intercable carries and which are also separated by the same mountain range. With regard   to geographic distance, we find that the actual distance between KRCA and Intercable's principal headend   is in dispute. With regard to factor III, we find that Intercable has failed to show that the local stations   which it carries provide news and information focused on the needs and interests of the cable communities at issue.  S -  32.` ` We further find that KRCA is a specialty station which broadcasts programs in Korean,   Mandarin, Vietnamese, and Tagalog, as well as English, and serves a limited audience within the Los   Angeles ADI. KRCA introduces evidence to show that the Asian or Pacific Islander population of   Palmdale, the community in which Intercable's headend is located, was found to be 6% in 1996 and  S-  projected to be 7% by the year 2000.) {O-ԍOpposition at 3 citing Table Palmdale: A Story In Numbers, Los Angeles Times, June 24, 1996. KRCA shows that the Asian population is a growing segment   of the communities served by Intercable's cable system and that, according to the 1990 Census, the community in which Intercable's system is located is at least 4% Asian.  Sh-  `33.` ` With regard to KRCA, we find that the evidence with respect to its historic carriage on   kIntercable's cable system serving the Communities, Grade B contour coverage and local programming,   and the specialized nature of its programming persuades us to deny Intercable's market modification request with regard to all of the cable communities at issue.  S-1' ORDERING CLAUSES ă  SP-  34.` ` Accordingly, IT IS ORDERED that, pursuant to 614 of the Communications Act, as   amended, 47 U.S.C. 534, and Section 76.59 of the Commission's rules, 47 C.F.R. 76.59, the Petition   for Special Relief (CSR4976A) filed by Jones Intercable, Inc. against television broadcast station  S-  KZKI(TV) IS DENIED with respect to the cable communities of Elizabeth Lakes, Green Valley,   Lancaster, Los Angeles County, Palmdale, Littlerock, Lake Los Angeles, Leonna Valley, and Pearblossom,  S-  California and IS GRANTED with respect to the cable communities of Edwards Air Force Base and Quartz Hill.  S -  35.` ` IT IS FURTHER ORDERED that Intercable's petition against television broadcast station  S -  KSCI(TV) IS DENIED with respect to the cable communities of Edwards Air Force Base, Elizabeth   ]Lakes, Green Valley, Lancaster, Los Angeles County, Palmdale, Quartz Hill, Littlerock, Lake Los"! z),`(`(88F#" Angeles, Leonna Valley, and Pearblossom, California.  S-36.` ` IT IS FURTHER ORDERED that Intercable's petition against television broadcast station  S-  LKRCA(TV) IS DENIED with respect to the cable communities of Edwards Air Force Base, Elizabeth   ]Lakes, Green Valley, Lancaster, Los Angeles County, Palmdale, Quartz Hill, Littlerock, Lake Los Angeles, Leonna Valley, and Pearblossom, California.  S-  _37.` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R. 0.321. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VWilliam H. Johnson ` `  hh,VDeputy Chief, Cable Services Bureau  SX-