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L. No. 102385, 106 Stat. 1460 (1992).S and implementing  S - d(#=rules adopted by the Commission in its Report and Order in MM Docket 92259, commercial television  d(#kbroadcast stations are entitled to assert mandatory carriage rights on cable systems located within the  d(#station's market. A station's market for this purpose is its "area of dominant influence" or ADI as defined""X,((((#"  S- d(#jby the Arbitron audience research organization. yOh- d(#ԍSection 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides  d(#that a station's market shall be determined by the Commission by regulation or order using, where available,  {O- d(#commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C.  534(h)(1)(C).  d(#Section 76.55(e) of the Commission's Rules provides that the ADIs to be used for purposes of the initial  {O- d(#implementation of the mandatory carriage rules are those published in Arbitron's 19911992 Television Market Guide.  d(#The Commission is currently addressing in a rulemaking proceeding the question of whether Nielsen DMAs would  {O- d(#jbetter define television markets. See Definition of Markets for Purposes of the Cable Television Mandatory  d(#Television Broadcast Signal Carriage Rules, Report and Order and Further Notice of Proposed Rule Making, CS  {O-Docket No. 95178, 11 FCC Rcd 6201, (1996) ("Market Determinations"). An ADI is a geographic market designation that defines  d(#yeach television market exclusive of others, based on measured viewing patterns. Essentially, each county  S- d(#in the United States is allocated to a market based on which homemarket stations receive a preponderance  d(#lof total viewing hours in the county. For purposes of this calculation, both overtheair and cable  S`-television viewing are included.$` yO - d(#xԍBecause of the topography involved, certain counties are divided into more than one sampling unit. Also, in  d(#certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {O0- d(#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.` ` 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 `  SP-"P ,((((|"Ԍ `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.G 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  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.  SX- These factors are not intended to be exclusive, but may be used to demonstrate that a  S0-community is part of a particular station's market.Z0XB 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,  S-to aid decision making in these matters, as follows:  v A  For example, the historical carriage of the station could be illustrated by the submission of  SB- v documents listing the cable system's channel lineup (e.g., rate cards) for a period of years. To  v show that the station provides coverage or other local service to the cable community (factor 2),  v {parties may demonstrate that the station places at least a Grade B coverage contour over the cable  v community or is located close to the community in terms of mileage. Coverage of news or other  v programming of interest to the community could be demonstrated by program logs or other  v descriptions of local program offerings. The final factor concerns viewing patterns in the cable  ST- v ^community in cable and noncable homes. Audience data clearly provide appropriate evidence  v about this factor. In this regard, we note that surveys such as those used to demonstrate  v @significantly viewed status could be useful. However, since this factor requires us to evaluate  v mviewing on a community basis for cable and noncable homes, and significantly viewed surveys  S- v typically measure viewing only in noncable households, such surveys may need to be  S-supplemented with additional data concerning viewing in cable homes.ik {O#-ԍMustCarry Order, 8 FCC Rcd at 2977 (emphasis in original).i     d(#In adopting rules to implement this provision, the Commission indicated that changes requested should  S - d(#be considered on a communitybycommunity basis rather than on a countybycounty basis and that they" z,((((!"  d(#=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-S MARKET FACTS ă  S8- `6.` ` The Communities at issue in this proceeding are located in Pike County, Pennsylvania,  d(#which lies west of the Delaware River. Pike County is the only Pennsylvania county in the New York  d(#yADI. Although these Communities and WHAITV's city of license, Bridgeport, Connecticut, are located  d(#-within the New York ADI, Milford, Pennsylvania, the community served by Blue Ridge nearest to WHAI d(#TV, is located approximately 95 miles from WHAITV's transmitter and approximately 100 miles from  Sp- d(#Bridgeport.ApZ {Oj -ԍSee Petition, p. 3.A It is undisputed that WHAITV has never been carried on the cable systems serving these  d(#Communities. Blue Ridge contends that WHAITV does not provide local service to the Communities  d(#in terms of technical signal coverage or programming designed to meet the needs and interests of the  d(#Communities, that other local television broadcast stations and nonbroadcast services carried on its cable  d(#systems provide substantial local service to residences of the Communities, and that WHAITV is not viewed in the Communities.  SX-  `7.` ` In Market Modifications and the New York Area of Dominant Influence, et al., FCC 97 S2- d(#285, released August 13, 1997 ("New York ADI Order"), the Commission affirmed our decisions in  S - d(#Adelphia Cable Communications, 1996 WL 272185 (CSB 1996); Cablevision Systems Corporation, 11  S- d(#FCC Rcd 6453 (CSB 1996); Comcast of Monmouth County et al., 11 FCC Rcd 4226 (CSB 1996); Time  S- d(#Warner EntertainmentAdvance/Newhouse Partnership, 11 FCC Rcd 6541 (CSB 1996); Time Warner New  S- d(#zYork Cable Group, 1996 WL 532081 (CSB 1996); and TKR Cable Company, 1996 WL 663129 (CSB  d(#1996), to delete from the market of WHAITV a number of communities located in New York and New  d(#Jersey substantially closer to WHAITV than are the Pike County, Pennsylvania Communities at issue in  d(#this proceeding. Paxson presents essentially the same objections to the market modification request in this  d(#zcase that were presented with respect to the New York and New Jersey communities. The bases for  d(#rejection of Paxson's market modification objections as well as the reasons for granting those market modification requests are set out in the cited cases and need not be repeated here.  S\- A8.` ` Its sufficient to emphasize here that the Pike County, Pennsylvania Communities at issue  d(# are substantially more remote from WHAITV than are the New York and New Jersey communities  d(#>previously deleted from WHAITV's market. Because of technical nature of the television broadcast  d(#service, the intervention of such additional distance can serve only to preclude the Pike County  d(#communities from being deemed part of WHAITV's television market. The substantial additional  d(#distance plus the intervention of a major geological terrain feature, the Delaware River which forms the  d(#eastern border of Pike County and an additional barrier between the Communities at issue here and  d(#WHAITV, precludes any finding that WHAITV actually does or logically could rely on the Pike County  d(#KCommunities for economic support, or that the Pike County Communities rely on WHAITV for television  d(#services to any degree. For these reasons, we find that the bases for the deletion of the New York and  d(#|New Jersey communities from the television market of WHAITV stated in the cited cases are  d(#unquestionably applicable here as well. Accordingly, we will grant Blue Ridge's request to delete the Pike County, Pennsylvania Communities listed on Attachment "A" from the television market of WHAITV."|#,((((%"Ԍ S-ԙ$0 MUSTCARRY COMPLAINT ă  S- #9.` ` Section 614 of the Communications Act and the Commission's implementing rules permit  d(#Lstations to assert mandatory carriage rights on cable systems located within their market. We agree with  d(#yPaxson that the mustcarry rules seek to ensure cable carriage of local stations in order to strengthen their  d(#yeconomic viability and thereby allow for greater diversity in programming. The prerequisite for asserting  d(#Zmustcarry rights with respect to a particular cable system, however, is that the operator serve communities  S- d(#>in the station's market or ADI. Paxson filed a mustcarry complaint seeking carriage on Blue Ridge's  d(#cable system which serves the Pike County, Pennsylvania Communities listed on Attachment "A" to this  S- d(#Order. In Paxson New York License, Inc. v. Blue Ridge Cable Technologies, Inc. (Milford, PA), 12 FCC  St- d(#Rcd 1373 (CSB 1997), ("Blue Ridge"), we denied Paxson's must carry complaint. These communities  d(#have been deleted from WHAITV's market by this Order. Because we have granted the petition to delete  S& - d(#=these communities from WHAITV's market, the associated petition for reconsideration of Blue Ridge is rendered moot.  S -1C ORDERING CLAUSES ă  S`- 10.` ` Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act  d(#of 1934, as amended, 47 U.S.C. 534(h), and Section 76.59 of the Commission's Rules, 47 C.F.R. 76.59,  S- d(#Lthat the petition for special relief filed on beha lf of Blue Ridge Cable Technologies, Inc. in File No. CSR S-5018A IS GRANTED .  S-  S- 11.` ` IT IS FURTHER ORDERED that the petition for reconsideration of Paxson New York  Sr- d(#License, Inc. v. Blue Ridge Cable Technologies, Inc. (Milford, PA), 12 FCC Rcd 1373 (CSB 1997), filed  SL- d(#on March 3, 1997, by Paxson New York License, Inc., licensee of television station WHAITV, in File  S$-No. CSR4830M IS DISMISSED .  S- _12.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules, 47 C.F.R. 0.321. ` ` hhCFEDERAL COMMUNICATIONS COMMISSION ` `  hhCWilliam H. Johnson  S-` ` hhCDeputy Chief, Cable Services Bureau ",(((("  S-N ATTACHMENT 'A' ă  S-  S`-   Pike County, Pennsylvania Communities  S8- Served by Blue Ridge Cable Technologies, Inc. ă  S-Milford Headend  S-  S-Milford Borough  (PA0379)  Sp-Milford Township (PA1059)  SH -Dingmans Township (PA1060)  S -Lehman Township (PA2552)  S -Delaware Township (PA2812)  S -Shohola Headend  SX-Lackawaxen Township (PA1272)  S0-Shohola Township (PA1458)  S-Bloomington GroveTownship(PA1515)  S-Porter Township (PA2814)  S-Hawley Headend  S@-Palmyra Township (PA1832)  S-Greene Township (PA2947)#Xj\  P6G;+XP#