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For purposes of this calculation, both overtheair and cable television  S-viewing are included.$K yO@- xxԍBecause 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. x  S- ` ~x3.` ` Under the Act, however, the Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) provides that the Commission may:  ~Xxwith 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 Act provides that:  BXxthe Commission shall afford particular attention to the value of localism by taking into account such factors as   ` XxX` ` (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`  ` pXxX` ` (II) whether the television station provides coverage or other local service to such community; `  ` p&XxX` ` (III) whether any other television station that is eligible to be carried by a cable  ` p6system in such community in fulfillment of the requirements of this section  ` prprovides news coverage of issues of concern to such community or provides  ` pcarriage or coverage of sporting and other events of interest to the community; and `  ` XxX` ` (IV) evidence of viewing patterns in cable and noncable households  ` within the areas served by the cable system or systems in such  SP-community.PK yO-ԍCommunications Act of 1934, as amended, 614(h)(1)(C)(ii), 47 U.S.C. 534(h)(l)(C)(ii).x` x  S-x4.` ` The legislative history of this provision indicates that:  Xxwhere 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" D,_(_(IIe"" market.  T $ * * * * *TP  ` pXx` ` [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  Brights. These factors are not intended to be exclusive, but may be used to demonstrate  S-that a community is part of a particular station's market.ZK yOP-ԍH.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992).Z   S- ` x5.` ` The Commission provided guidance in its Report and Order in MM Docket 92259, supra, to aid decision making in these matters, as follows:  ~XxFor example, the historical carriage of the station could be illustrated by the submission  S - Qof 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  obe demonstrated by program logs or other descriptions of local program offerings. The  afinal factor concerns viewing patterns in the cable community in cable and noncable  homes. Audience data clearly provide appropriate evidence about this factor. In this  nregard, we note that surveys such as those used to demonstrate significantly viewed status  Dcould be useful. However, since this factor requires us to evaluate viewing on a  }community basis for cable and noncable homes, and significantly viewed surveys typically  nmeasure viewing only in noncable households, such surveys may need to be supplemented  S-with additional data concerning viewing in cable homes.QXK yO-ԍ8 FCC Rcd at 2977 (emphasis in original).Q   S- ` 3x6. ` ` As for deletions of communities from a station's market, the legislative history of this provision indicates that:   XxThe provisions of [this subsection] reflect a recognition that the Commission 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. It is not the Committee's intention that these provisions be   used by cable systems to manipulate their carriage obligations to avoid compliance with the   _objectives of this section. Further, this section is not intended to permit a cable system to   discriminate among several stations licensed to the same community. Unless a cable system can   point to particularized evidence that its community is not part of one station's market, it should   not be permitted to single out individual stations serving the same area and request that the cable  S -system's community be deleted from the station's television mar ket.^ K yO%-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992). ^(# x  S!- ` x7.` ` In adopting rules to implement this provision, the Commission indicated that requested"!x,_(_(IIU#"  xchanges should be considered on a communitybycommunity basis, rather than on a countybycounty  x.basis, and that they should be treated as specific to particular stations rather than applicable in common  S- x[to all stations in the market. ZK yO- x,ԍ8 FCC Rcd at 2977 n.139. Viewership information cited herein is county data, rather than communityspecific  xZdata. Absent evidence that such data is not fairly reflective of viewing in the actual communities in question, we  {O-accept such data as probative in cases of this type. See, e.g., RKZ Television, Inc., 8 FCC Rcd 8008, 8010 (1993). The rules further provide, in accordance with the requirements of the 1992  S-Cable Act, that a station not be deleted from carriage during the pendency of a market change request.< K yO-ԍ47 C.F.R. 76.59.<  S8-^  MARKET FACTS AND ADELPHIA'S ARGUMENTS ă   S- ` Qx8.` ` WXTV is licensed to Paterson, New Jersey, which is part of the New York ADI. The  xcommunities in Ocean County are also all presently assigned to the New York ADI. While the designated  xcommunities in Ocean County are located in central New Jersey, about fifty miles South of New York  xCity, WXTV's city of license, Paterson, is located in Passaic County, New Jersey, which forms part of  xNew Jersey's northern border and is located approximately twenty miles North of New York City.  S - x=According to Nielsen's 1995 County/Coverage Study, WXTV had no reported viewing shares, either off x\air or on cable in Ocean County. WXTV's Grade B contour covers none of the specified New Jersey communities.  S -    S - ` nx9.` ` According to Adelphia, WXTV in fact is not a local station with respect to the noted cable  xlcommunities, and the system argues, therefore, that it ought not to be obliged to carry the station.  xAdelphia adds that it has never carried WXTV, even though it would have done so had there been any  xlocal subscriber demand for the station. However, there was none, Adelphia states, because WXTV does  xnot provide any significant local programming. Adelphia adds that its headend is located over 63 miles  xfrom Paterson, WXTV's city of license, and that the specified cable communities are all located beyond  xWXTV's Grade B contour. Adelphia notes that the vast majority of WXTV's programming is Spanish  x0language, which is not tailored to the needs and interests of Adelphia's subscribers. According to  x Adelphia, none of WXTV's programs have any particular nexus to the cable communities. Adelphia  xmaintains that various other ADI waiver requests have been granted previously to communities located  xat similar distances from stations initially entitled to mandatory carriage by the cable systems serving those  S- xmcommunities. &zK {O-  xԍIn support of this assertion, Adelphia cites the following decisions: Time Warner Cable, 11 FCC Rcd 13149,  {O-  13152 (1996); Cablevision Systems Corp., 11 FCC Rcd 6453, 6477 (1996); Frederick Cablevision, Inc., 11 FCC Rcd  {Ox-  4242, 424748 (1996); TKR Cable Co., 11 FCC Rcd 1712, 1725 (1996); and Greater Philadelphia Cablevision, Inc., 10 FCC Rcd 8788, 8790 (1995). Noting that Ocean County is about equidistant from New York City and from  xPhiladelphia, Pennsylvania, Adelphia states that its subscribers receive plenty of local programming from  Sz- xother stations licensed to serve those cities which the system already carries. zh K yO#- xԍOne of those stations, WNJU (Channel 47), also broadcasts Spanish language programming and is licensed to serve Linden, New Jersey, which is located about twentyfive miles South of Paterson, in Union County. Adelphia adds that neither  SR- xthe local TV Guide in Ocean County, nor the local newspaper, lists WXTV's programming, and that the"R ,_(_(II"  S- xstation has not been recognized as significantly viewed in any New Jersey county. K yOh- xԍTo be recognized as significantly viewed in a community or in a county, an independent station must receive  xa share of viewing hours of at least 2% (total week hours) in noncable homes, and it must achieve a net weekly  x;circulation of at least 5%. A partial or full network station must have a share of viewing hours of at least 3% (total week hours), and a net weekly circulation of at least 25 %. 47 C. F. R.  76.5(i).  Finally, Adelphia  S- xnotes that in Nielsen's 1996 County/Coverage Study, only 1% of television households viewed WXTV  xa quarter hour during the average day in the cable communities, and only 2% of television households in  S-the cable communities viewed WXTV at least a quarter hour during the course of a week.  Sb-      S:- ANALYSIS AND DISCUSSION  S-  S- ` x10.` ` In the absence of any objection from WXTV, we will grant Adelphia's request. As an  x\initial matter, we note that, according to the legislative history of the 1992 Cable Act, the use of ADI  x.market areas is intended "to ensure that television stations be carried in the areas which they service and  Sr- xjwhich form their economic market."ZrK yO-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).Z Changes may be sought and granted by the Commission "to better  SJ - xeffectuate the purposes" of the mandatory carriage requirements.=J @K yO*-ԍ47 U.S.C. 534(h).= When viewed against this backdrop,  xand considering all of the relevant factual circumstances in the record, including the lack of any opposition  xby WXTV, we believe that the operator's deletion petition appears to be a legitimate request to redraw ADI boundaries to make them congruous with market realities.  S - ` x11.` ` Turning to the statutory factors, we note that WXTV has no history of cable carriage on  xthe systems subject to the modification request, despite the fact that the station has been in operation for  xNalmost thirty years. The evidence also suggests that WXTV does not provide local service to the  xLcommunities in question. The station does not place either a Grade A or Grade B contour over the cable  S- xcommunities.K yOR- xԍWe have held that the local service requirement is satisfied if the station's Grade B contour covers the  {O-community. See 8 FCC Rcd at 2981. In addition, WXTV's city of license is geographically distant from Adelphia's cable  xcommunities. As the cable operator notes, Paterson is located approximately 63 miles from Adelphia's Ocean County headend, and we cannot ignore distance as a significant factor in this particular instance.  SB- ` Px12.` ` We also believe that Adelphia's carriage of other local television stations provides support  x/for the action requested in this particular case. Where a cable operator is seeking to delete a station's  x/mandatory carriage rights in certain communities within its ADI, and it is clear that the station is not  x providing local service to those communities, the issue of local coverage by other stations becomes a  xfactor which we will give greater weight than in cases where a party is seeking to add communities. In  xthis particular instance, there is another television station licensed to a community that has a closer  xeconomic nexus to Adelphia's viewers than does WXTV, which can also provide them with Spanish  xlanguage programming, WNJU. These market facts, coupled with the distance between the cable  S-communities and WXTV, support Adelphia's argument under the third factor.      S-"* ,_(_(II="Ԍ S- ` x13.` ` The distances involved in this situation, together with the lack of a Grade B or better  xcontour, further attenuate the local ties that the station might otherwise have to the cable communities  S- xand help explain why the station's viewership is too low to be reported in Ocean County.K yO-  ԍWe note that, while several other signals presently carried by Adelphia, including WCBSTV (Channel 2),   WABCTV (Channel 7), WNBCTV (Channel 4), WPIX (Channel 11), and WWORTV (Channel 9), also have their   htransmission facilities in New York City at the World Trade Center, relatively close to those of WXTV, each of the   iother stations have also been recognized as significantly viewed in Ocean County, and they each have substantial  {O8-viewing, both cable and noncable, there according to Nielsen's 1995 County/Coverage Survey.ė We conclude,  xtherefore, that when considered with WXTV's lack of opposition to Adelphia's deletion request, and other  x{information regarding the market and the particular distances involved, the dearth of audience is of  x>evidentiary significance. In these circumstances, we cannot discount the absence of viewership as an indication of the scope of WXTV's market area.  S- ` x14.` ` In view of the above, we will grant Adelphia's request to delete the designated  xcommunities in Ocean County from the New York ADI insofar as mandatory carriage of WXTV is concerned.  S -x1 ORDERING CLAUSES  S -  S - ` 2x15.` ` Accordingly, IT IS ORDERED, pursuant to 614(c) of the Communications Act of 1934,  xjas amended, 47 U.S.C. 534 and 76.59 of the Commission's Rules (47 C.F.R. 76.59), that the "Petition  xFor Special Relief" (CSR5014A) filed May 29, 1997, by Adelphia Cable Communications IS GRANTED.  S-x16.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules.  S-x` `  hh x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam H. Johnson  S-x` `  hhDeputy Chief, Cable Services Bureau