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 MEMORANDUM OPINION AND ORDER TP  S -X` hp x (#%'0*,.8135@8:States is allocated to a market based on which homemarket stations receive a preponderance of total  xviewing hours in the county. For purposes of this calculation, both o$ vertheair and cable television  Sr-viewing are included. $rFK yO- xԍBecause 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  {OT- 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 ` "b ,_(_(II"Ԍ ` XxX` ` (IV) evidence of viewing patterns in cable and noncable households  ` within the areas served by the cable system or systems in such  S-community. \ yO-ԍCommunications Act of 1934, as amended, 614(h)(1)(C)(ii), 47 U.S.C. 534(h)(l)(C)(ii).x` x  S8-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 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.Z X\ yO-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  S|- 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 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.Q <\ 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:"!x ,_(_(IIU#"Ԍ  ԙXxThe 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.\ yO( -ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992). #Xw PE37=9XP#х(# x  Sp- ` x7.` ` In adopting rules to implement this provision, the Commission indicated that requested  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 - xto all stations in the market.Z X\ yO- xYԍ8 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.< z\ yO-ԍ47 C.F.R. 76.59.<  S -  MARKET FACTS AND PARTIES' ARGUMENTS ă   S0- ` nx8.` ` WGOT is licensed to Merrimack, New Hampshire, which is part of the Boston ADI. The  xspecified communities in Worcester County are also all presently assigned to the Boston ADI. The  x=average distance between Merrimack and the communities served by the Systems is approximately fifty  S- xmiles. According to Nielsen's 1995 County/Coverage Study, WGOT had no reported viewing share, either  xoffair or on cable in Worcester County, and the station does not place a Grade B contour over any of the designated communities in Worcester County.  S- ` x9.` ` In support of their request, the Systems note that they have never carried WGOT, even  xthough it commenced broadcasting in 1987, and that since the station has no local ratings, removing the  x.specified communities from the Boston ADI will neither disrupt established viewing patterns nor will it  xdeprive WGOT of any existing cable audience. The Systems add that their headend at Oxford,  x.Massachusetts is about 58 miles from WGOT's antenna, and that the distances between Merrimack and  x.the specified communities range from 38 miles, at West Boylston, to 61 miles, at Dudley. The Systems  S*- xynote that similar distances have justified prior ADI deletion requests, citing the Bureau's decision in Time  S- xWarner Cable,K \ yO#-ԍDA 971009 (released May 13, 1997).K which deleted communities from WGOT's ADI that were located outside the station's  xGrade B contour and which were located between 42 and 58 miles from Merrimack. According to the  xSystems, the infomercial format utilized by Paxson stations has no special nexus to the designated cable  S- xcommunities. The Systems add that WGOT is not even listed in the TV Guide for the Boston area, and  Sh- xthat it also is not listed in the Worcester County daily newspaper, the Telegram & Gazette. By contrast,"h,_(_(II"  xLthe Systems note that they transmit various Boston stations which air extensive local news and sporting  S- xLevents.\ yO@- x;ԍSpecifically, the Systems list the following stations licensed to serve Boston, Massachusetts that they currently carry: WBZTV (NBC, Channel 4); WCVBTV (ABC, Channel 5); and WHDHTV (CBS, Channel 7). The Systems add that they also transmit three local access channels, which carry programming  xLfor and by the designated communities, in addition to a local origination channel, which emphasizes local  xsports and which carries a live Worcester County news program several times a day, five days each week.  xNFinally, the Systems note that, since WGOT does not place a Grade B contour over the specified  S8-communities, it is not surprising that it has no significant viewership there.'X8 \ yO- xԍIn support of this assertion, the Systems cite a special study conducted in 1996 by Nielsen which concluded  xthat WGOT had no viewing shares in Worcester County either for cable, broadcast, or noncable. Petition, Exhibit 9.'  S- ` x10.` ` Addressing the first of four market modification factors listed in  614(h)(1)(C)(ii)  x(historic carriage), WGOT concedes that it has not been carried by the Systems. Asserting that lack of  xcarriage should not be given significant weight in determining whether to grant the petition, WGOT  xcontends the mustcarry provisions were enacted to cure past discriminatory signal carriage practices,  SH - xciting the Bureau's prior decision in Greater Worcester Cablevision, Inc.GH @\ yO(-ԍ10 FCC Rcd 12569, 12572 (1995).G Regarding the second factor  x-(coverage and local service), WGOT contends that the mustcarry provisions are intended to protect small,  xkvulnerable, independent stations by ensuring their carriage throughout an ADI derived from economic  xmarket realities, instead of a mileagebased system. In this regard, WGOT notes that Congress once  x considered a fifty mile radius as the mustcarry zone, but it opted instead for the current ADIbased  xrequirement. Station WGOT contends that Congress sought in this manner to enable these stations to  xcompete effectively for viewership and advertising revenues, thereby providing financial resources and  xincentives necessary to strengthen local program services. The station argues, therefore, that its failure  xto place a Grade B signal contour over the cable communities at issue, and its location some distance from  xMthose communities, is not decisionally significant. The more important factor in WGOT's view is its  xlocation, as well as the specified communities in the Boston ADI, which defines the station's market for  xLmustcarry purposes. The station adds that it and the specified cable communities also are placed in the  Sj- xNsame basic trading area by Rand McNally,j\ {O-ԍRand McNally Commercial Atlas and Marketing Guide, p. 39 (Rand McNally & Co. ed. 1993). and that it is listed by the Boston Globe, which has a circulation of 18,252 in Worcester County and 32,926 on Sunday.  S- ` Px11.` ` Station WGOT seeks to establish coverage of the specified communities and programming  x of local interest by stating that it has pioneered a programming format that combines program length  xpresentations by local and national businesses and community organizations with religious and local public  x[affairs programming. Station WGOT adds that 45 percent of its program length presentations have been  x.acquired by local businessmen and organizations after only two years of Paxson acquiring its ownership  xin May 1995. The station also airs three hours of children's programming weekly in the mornings, as well  xas three hours of regional and local religious programming, and an hour of locally produced public interest  x.programming on weekends. The station also notes that it produces and broadcasts a local public service  xlprogram, "Focus on New England," designed to address the interests of New England, as well as a  x>program aired Fridays between 9:00 pm and 10:00 pm entitled "Asian Entertainment," which targets"b ,_(_(II"  xresidents with ties to India, some 2,000 of whom live in Worcester County. Station WGOT contends that it has thus demonstrated a significant commitment to developing programming for the cable communities.  S- ` 4x12.` ` Insofar as the third factor (availability of programming from other local stations) is  xMconcerned, WGOT contends that the Systems' carriage of programming from other local stations also  xshould be disregarded, because precedent indicates that this factor does not support a cable operator's  xkrequest to delete communities from an ADI. Instead, this criterion is used only to enhance a station's  xclaim for adding communities to an ADI where, in fact, no other station serves those communities.  xStation WGOT adds that the Systems have not demonstrated how the programming of other stations they  xpresently carry, including WNDS (Channel 50), Derry, New Hampshire, which is located about the same  xdistance from Worcester as is WGOT, is more specifically tailored to the designated cable communities than is that of WGOT.  S - ` x13.` ` With respect to the fourth factor (viewership of the station), WGOT argues that the Bureau  xhas held that ratings of struggling independent stations are not of probative value when cable operators  S - xseek to delete them from their ADIs, again citing Greater Worcester Cablevision. The station also argues  x<further that the Commission has found that such stations may, in fact, enjoy significant viewership, despite  x=lack of any concrete evidence to that effect, and it notes that because Worcester County now has a cable penetration rate of 82 percent, overtheair ratings must be discounted.  S- ` "x14.` ` Station WGOT also asserts that the Systems' petition fails to demonstrate that the proposed  xdeletion of the designated communities from the Boston ADI would "better effectuate" the purposes of  xthe must carry provisions. It argues that the mustcarry provisions place the burden on the cable operator  xto justify a market modification; that the Congress did not intend for market modification procedures to  xpermit cable operators to avoid their mustcarry obligations; and that the market modification procedures  xwere only intended to address select cases where ADI fine tuning was appropriate. According to WGOT,  x\Greater Worcester presently has 18 available channels on its 78 channel system, so WGOT's carriage would not limit subscriber choice in anyway.  Sz- ` x15.` ` In reply, the Systems repeat their contentions that WGOT has not demonstrated historic  x!carriage; that the station has not shown significant coverage of, or service to, the designated cable  xcommunities; that other local stations already carried by the Systems do, in fact, provide coverage of local  xnews, including local sports and other events; and that WGOT lacks any recorded viewership in Worcester  S- xCounty, either on cable or offair. The Systems note that the Bureau's prior decision in Greater Worcester  S- xCablevision, Inc. was partially premised on the fact that in that case, unlike the present one, the station  xconcerned placed a Grade B contour over the area where most of the population of the designated cable  Sf- xcommunities lived.<f\ yO -ԍ10 FCC Rcd at 12572.< The Systems add that the other local stations they presently carry, in addition to  xproviding extensive coverage of local news and sporting events, also provide at least a Grade B contour  xover nearly all the communities at issue. The Systems do not contend that WGOT is not in their ADI,  xbut they argue that market realities would be better effectuated by deleting it for mustcarry purposes,  x noting that even the local programming produced by the station, such as "Focus on New England" is  xdesigned to appeal at least to the entire Boston ADI, if not to all of New England. With respect to the  x45 percent of its air time that WGOT states is devoted to infomercials by local businesses, the Systems  xlnote that the station has not shown that any of these businesses are located in the specified cable  x[communities. Likewise, with respect to the "Asian Entertainment" program, the Systems note that only"&%X,_(_(II&"  x.one percent of Worcester's population is of Indian descent, and that not all of them may be interested in  xsuch programming. Finally, the Systems dispute WGOT's struggling nature, since the Systems contend that it is licensed to "Paxson, which is one of the largest broadcast station owners in the U.S."  S`- ANALYSIS AND DISCUSSION ă Xx(#  S- xA. Historic Signal Carriage; Station Coverage of Communities  S- ` ~x16.` ` Station WGOT's argument that its absence of historic carriage should not be considered  x=significant in this case will be rejected. WGOT has been on the air since 1987, but has never been carried  xyby the Systems serving the relevant communities. A station's history of carriage prior to adoption of the  xk1992 Act is included as one of the statutory factors and, accordingly, lack of historic carriage must be  xgiven appropriate weight in the ADI modification process. The fact that WGOT has not historically been  xcarried by the Systems serving the designated communities is therefore probative and, while not decisional,  xwill be taken into consideration as a factor in favor of the requested market modification. Additionally,  xWGOT is located between 38 and 61 miles from the designated communities, and WGOT does not  xprovide a Grade B contour signal over them. Although not conclusive in themselves, these factors also strongly indicate that the specified communities served by the Systems are not a part of WGOT's market.  S- ` x17.` ` The station contends that distance and Grade B contour coverage are irrelevant in the  xcontext of a smaller, independent stations and that carriage within the ADI would provide it with an  xopportunity for revenue growth that can be translated into additional public service. However, where our  xtask is to determine station market boundaries, Grade B contour coverage in the absence of other  x>probative information is an efficient tool, because it is a sound indicator of the economic reach of a  S@- xparticular television station's signal.@\ yO- xԍThe Commission also uses Grade B contours, in other contexts, to determine the scope of a station's market  {Op- xand reach: (1) In choosing between mutually exclusive applications for new television service (See Hearing  {O:- xDesignation Order, Washington Children's Television Outreach, Inc., BC Docket No. 81528, 46 Fed. Reg. 43737  xL(August 31, 1981)); (2) In applying the television duopoly rules, which prevents any party from owning two  {O- xbroadcast stations whose Grade B contours overlap (See 47 C.F.R.  73.3555(b)); (3) In the cablebroadcast  xownership rules which prevents a cable system from carrying any television broadcast stations if the operator owns  {O^- xa television station whose Grade B contour overlaps the area served by the system (See 47 C.F.R.  76.501(a)),  xamong others. The Commerce Department also uses Grade B contours in its analysis when awarding grants for  {O- xunique noncommercial television broadcasting projects. See 15 C.F.R.  2301.4(b)(3)(ii). And the U.S. Copyright  x.Office uses the Grade B contour construct in determining cable compulsory copyright fees for the secondary  {O-retransmission of certain television stations by cable systems. See 37 C.F.R.  201.17(h)(2)(ii). The Commission recognized this approach in its Report and Order  S- xZin MM Docket 92259 when it stated that "to show that the station provides coverage or other local service  xkto the cable communities, parties may demonstrate that the station places at least a Grade B coverage  S-contour over the cable community or is located close to the community in terms of mileage.":4 \ yO"-ԍ8 FCC Rcd at 2977.:  Sz- ` x18.` ` We also reject WGOT's argument that regardless of the  614(h) process, smaller,  x[independent stations are essentially guaranteed the right to carriage throughout the ADI. The provisions  xof the mustcarry statute specifically direct the Commission to exclude communities from a station's ADI"* ,_(_(II]"  S- xwhere doing so will better effectuate the purposes of the legislation.P\ {Oh-ԍSee 47 U.S.C. 534(h)(1)(C)(i).P The legislative history notes that  xthe Commission, in making market determinations, may conclude that a community within a station's  S-ADI may be "so far removed" from the station that it cannot be deemed part of the station's market.XZ\ yO-ԍH.R. Rep. No. 628, 102d Cong., 2d Sess.at 9798.X  S`-x B. Programming Specifically For Communities Served by Cable System  S- ` 5x19.` ` We find that the majority of WGOT's programming is general in nature and not  xspecifically targeted to the cable communities at issue. The "Focus on New England" programming, for  xexample, appears to be directed toward the New England area as a whole, or at best, toward the whole  xLBoston area. Nothing presented by WGOT shows that its program length presentations, while acquired  xzby local businesses organizations, consist of programming directed particularly toward the designated  x/communities served by the Systems. The failure to demonstrate that WGOT presents programming  xdesigned to serve the designated communities in particular provides additional weight toward granting this market modification petition.  S - xC. Station Audience in Communities Served by Cable System  SX- ` #x20.` ` In addition to the fact that WGOT has not been carried by the Systems, the record before  xjus does not establish a significant level of viewing of WGOT in the specified communities. With respect  S- xto the subject communities served by the Systems, we note that Nielsen's 1995 County/Coverage Study  S- xdoes not show any audience for WGOT. In fact, Nielsen's 1995 County/Coverage Study does not include  S- xjWGOT in the listing of stations serving that market.l\ {OF-ԍSee Nielsen's 1995 County/Coverage Study, pp. 16621663.l While the Commission has previously recognized  x that stations with specialized programming often have low audience ratings, the apparent absence of  xzWGOT viewership also is consistent with the fact that its Grade B contour does not reach any of the  SD- xdesignated communities,{D|\ {O`-ԍSee Cable & Station Coverage Atlas, Warren Publishing, Inc., 1993, at Map 49.{ and the fact that WGOT and the relevant communities are some 38 to 61 miles  S-apart.  S-x D. Summary  S|- ` x21.` ` Section 614(h)(1)(C) of the Communications Act requires the Commission to include or  xexclude particular communities from a television station's market for the purpose of ensuring that a  x.television station is carried in the areas which it serves and which form its economic market. We believe  xthat the requested exclusion of the cable communities served by the Systems from WGOT's television  xmarket will better effectuate the purposes of the mustcarry statutory provisions. In reaching this  x\conclusion, we have considered the statutory factors under which the value of WGOT to community  xlocalism is to be tested and found it to be lacking. Local television guides available in the specified  Sd- x=communities served by the Systems contain no listing for WGOT.Cd\ yO'-ԍPetition, Exhibits 7 and 8.C WGOT has minimal viewing in the"d,_(_(II"  x=designated communities, which are located approximately 38 to 61 miles from the station. Furthermore,  x|the station has never been carried by the Systems, it offers no significant level of programming  xmspecifically for the relevant communities, and it provides no overthe air signal coverage of the  xmCommunities. We have carefully considered each of the statutory factors in the context of the  S`- xKcircumstances presented here_`\ {O- xԍWe are under no obligation to give particular weight to any particular one of the several statutory factors. See  {O- xTime Warner Entertainment Co. v. FCC, 56 F.3d 151, 175 (D.C. Cir. 1995); Accord Omnipoint Corp. v. FCC, 78  xF.3d 620, 633634 (D.C. Cir. 1996) (When Congress directs an agency to consider certain factors, the agency simply  x"must reach an express and considered conclusion about the bearing of a factor, but is not required to give any specific weight to it.")_ and conclude that grant of the Systems' petition will effectuate the purposes  S8-of the mustcarry statutory provisions.  S- ` qx22.` ` In view of the above, we will grant the Systems' request to delete the designated  xcommunities in Worcester County from the Boston, Massachusetts ADI insofar as mandatory carriage of  S-WGOT is concerned.  XXhhX@XhXppXX  (#   SH -x1 ORDERING CLAUSES  S -  S - ` 2x23.` ` 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" (CSR5015A) filed May 29, 1997, by Greater Worchester Cablevision, Inc., together  x with Quinebaug Valley Cablevision, Inc., Greater WebsterDudley Cablevision, Inc., Greater Oxford  x Cablevision, Inc., Greater Millbury Cablevision, Inc., Greater Grafton Cablevision, Inc., and Greater Northbridge Cablevision, Inc. IS GRANTED.  S-x24.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam H. Johnson  S-x` `  hhDeputy Chief, Cable Services Bureau