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Rifkin points out that in its Report and  S- x>Order in MM Docket 91169,>} yO-ԍ7 FCC Rcd 2021 (1992).> the Commission recognized how crucial the CNR is to proper picture  xMquality. In this regard, Rifkin attaches a statement of Mr. Smith's detailing why the CNR criterion is  xrelevant to signal quality and is not met in the instant case where WNAB's signal strength is too low to  S,- xbe adequately improved by preamplifiers.=X,B} yO"- x<ԍA chart is provided which includes a breakdown of the measurements taken at each of Rifkin's five principal  xheadends which purportedly shows that, without the use of preamplifiers, WNAB does not meet the Commission's required minimum of 45 dBm.= Specifically, states Rifkin, Mr. Smith demonstrates that a  xpreamplifier cannot raise the signal strength without also raising the noise level, thus leaving the signal  xquality in the "annoying" to "very annoying" range of interference. Moreover, Rifkin includes a study  xdone by Cable Television Laboratories regarding viewer expectations of picture quality which shows that  xthe crucial factor is signal noise, not signal strength, and that CNR is the key determinant of acceptable"b ,`(`(88"  S- xor not acceptable signal quality. Finally, Rifkin points out that in its Must Carry Report & Order,O} yOh-ԍ8 FCC Rcd 2965 (1993) at paragraph 100.O the  xCommission specifically noted that there may be instances where signal strength alone does not permit  xadequate signal quality. Therefore, Rifkin argues that WNAB's must carry complaint should be denied and dismissed.  S:- ` Ax5.` ` In reply, WNAB states that Rifkin's continued failure to carry its signal denies the station  xthe opportunity to compete in its own market. WNAB argues that it has satisfied the requirements under  xthe must carry rules entitling it to carriage by Rifkin. Moreover, it maintains that Rifkin does not dispute  xthat WNAB is within the same ADI or that it is a qualified "local commercial station" entitled to carriage.  xInstead, WNAB states that Rifkin bases its denial of carriage upon a lengthy analysis of the distinction  xMbetween signal strength and signal quality and WNAB's alleged failure to deliver a good quality signal  xMto the system's principal headends. WNAB points out that Rifkin cites three specific reasons for its  xdenial: a) WNAB's signal strength is "too low to be adequately improved by preamplifiers"; b) the use  xyof a preamplifier will degrade the signal's CNR; and c) WNAB does not merit carriage because consumers  xhave come to expect a certain level of signal quality. WNAB argues that Rifkin's rationale should be  xsummarily rejected by the Commission. Even assuming Rifkin's signal measurements are accurate,  xWNAB states that the Cable Bureau has repeatedly granted must carry complaints in instances where  xzstations agreed to provide and bear the costs of any specialized equipment necessary to insure a good  S2- xquality signal.2X} {O*- xԍSee Complaint of Maranatha Broadcasting Co. vs. Comcast Cablevision of Montgomery County and Comcast  {O-Cablevision Corp., 11 FCC Rcd 9185, 91867 (1996). In the present instance, WNAB argues that it has not only agreed to be responsible for  x?the cost of such equipment, but actively begun the process of installing the necessary specialized  S- xequipment which is feels will deliver a good quality signal to Rifkin's systems. } yO6-  ԍWNAB states that so far the only system which it believes it is currently delivering a good quality signal is that   wserved by the Lawrenceburg headend as that is the only one at which it has been able to utilize a preamplifier. While   iit has been unable to utilize the preamplifier on site at the Pulaski headend, it feels that as soon as it is able to do   so, it is confident that a good quality signal can be delivered there immediately. For the remaining three headends,   McMinnville, Spencer and Tullahoma, WNAB states that it has not been able to conduct tests or supply preamplifiers due to Rifkin's refusal to carry the signal. WNAB maintains that  xthe Commission is the only entity with the authority to determine whether a signal's chosen means for  xydelivering a good quality signal is adequate and it has clearly and repeatedly recognized that amplification  Sj- xequipment may be employed to deliver a good quality signal to a cable system headend. ^j, } {O6- xԍSee TriState Christian TV, Inc. vs. Century Communications, supra; Post Company v. TCI Cablevision of  {O - x=Wyoming, Inc., DA 96400 (released April 2, 1996); and Silver King Broadcasting of Massachusetts, Inc. vs.  {O -Cablevision of Brookline Limited Partnership, DA 96372 (released March 27, 1996). In addition,  xWNAB points to an engineering statement of Mr. John F.X. Browne which demonstrates that Rifkin's  xengineering analysis is fraught with inaccuracies and its allegations about the station's CNR are without  xmerit: a) despite Rifkin's claims, a preamplifier can substantially improve the quality of a broadcast  xsignal, including CNR, which is proved by the fact that WNAB's signal is well within the Commission's  x=signal level criteria in those instances where a preamplifier has been used; b) the measurements made by  x<Rifkin are not only made without the use of a preamplifier, but appear to improperly account for download  xLlosses in reaching their conclusions; c) the Commission has not incorporated CNR criteria into the must xcarry signal quality requirements specified by the Act and therefore it is not determinative of whether"*R ,`(`(88{"  xWNAB can provide a good quality to Rifkin's systems; and d) the signal test data provided by Rifkin fails  S-to include specific information required by the Commission.Q } yO@- xԍWNAB points out that Rifkin's signal test data fails to include: a) the specific make, model numbers and date  xof last calibration of the test equipment used; b) the height of the antenna above ground level and whether or not  xthe antenna was properly oriented as well as its make and model number; c) description(s) of the characteristics of  xithe equipment used, such as antenna ranges and radiation patterns; and d) the weather conditions and time of day when tests were performed.Q  S-( DISCUSSION ă  S8- ` #x6.` ` We will grant WNAB's petition in regard to Rifkin's cable systems serving Lawrenceburg,  xMcMinnville, Pulaski, Spencer and Tullahoma. Initially, we note that Rifkin has not conducted  xengineering tests in response to WNAB's request for carriage in accord with accepted Commission  S- xstandards.u x} {O -ԍSee Clarification Order in MM Docket No. 92259, 8 FCC Rcd 4142 (1993).u Since the cable operator is at the outset in a superior position to know whether or not a given  x\station is providing a good quality signal to the system's principal headend, we believe that the initial  xburden of demonstrating a lack of a good quality signal appropriately falls on the cable operator. In  x[meeting this burden, the cable operator must show that it has used good engineering practices to measure  xthe signal delivered to the headend. To measure a station's signal to see if it meets the Commission  xrequirements, a cable operator's signal strength surveys should, at a minimum, include the following: 1)  x\specific make and model numbers of the equipment used, as well as its age and most recent date(s) of  x>calibration; 2) description(s) of the characteristics of the equipment used, such as antenna ranges and  x\radiation patterns; 3) height of the antenna above ground level and whether the antenna was properly  xoriented; and 4) weather conditions and time of day when tests were done. While the Commission does  xjnot specify which type of antenna must be used to determine signal strength, a cable operator is required  x/to take measurements with "generally accepted equipment that is currently used to receive signals of  S- xsimilar frequency range, type or distance from the principal headend.":  } {O-ԍId. at 4143.: In addition, a cable operator must  S- xconduct multiple signal quality tests to ensure accurate results.z} {O-ԍSee Complaint of Channel 5 Public Broadcasting, Inc., 8 FCC Rcd 4953 (1993).z Generally, if the test results are less than  xԩ51 dBm for a UHF station, we have said that at least four readings must be taken over a twohour period.  xIn the instant case, not only did Rifkin fail to conduct the proper number of tests, but the only information  xit provided was the height of the antenna above ground level. Without complete and accurate information  xprovided by Rifkin in conformance without our criteria, we cannot conclude that WNAB provides a poor  xquality signal at Rifkin's principal headends. Moreover, the carriertonoise ration (CNR) directly derives  xfrom the signal level received and the associated noise level present at the time of measurement.  xTherefore, without first establishing concrete signal level measurements of the desired signal using good  xengineering practices, we find that Rikin's analysis with regard to carriertonoise ratio (CNR) to be speculative and its arguments in this regard dismissed.  S- ` x7.` ` We also note that WNAB has offered to provide specialized equipment to Rifkin to  xjimprove its station's signal. WNAB maintains that with the use of specialized equipment, it can provide  xa signal to Rifkin's headends consistent with Commission criteria. Moreover, WNAB has stated that it". ,`(`(88"  x>will bear the costs of installing such equipment to assure a good quality signal. The Commission has  xkstated that specialized equipment may be employed to deliver a good quality signal to a cable system  S- x.headend. The Commission in the Must Carry Clarification Order,D} yO-ԍ8 FCC Rcd 4142, 4143 (1993).D after reemphasizing that it was the  xtelevision station's obligation to bear the costs associated with delivering a good quality signal to the system's principal headend, stated: xThis may include improved antennas, increased tower height, microwave relay xequipment, amplification equipment and tests that may be needed to determine xwhether the station's signal complies with the signal strength requirements . . .  xlWNAB, by committing to provide specialized equipment, satisfies its obligation to bear the costs  xassociated with delivering a good signal to Rifkin's headends. We encourage Rifkin and WNAB to work together in this regard.  S -1 ORDERING CLAUSES ă  S - ` x8.` ` Accordingly, IT IS ORDERED, that the petition filed March 21, 1997, by Speer  SZ- xCommunications Holdings Limited Partnership IS GRANTED pursuant to 614 of the Communications  S2- x Act of 1934, as amended (4 U.S.C. 534). Rifkin & Associates, Inc. IS ORDERED to commence  x>carriage of Station WNAB on its Lawrenceburg, McMinnville, Pulaski, Spencer and Tullahoma cable  xsystems sixty (60) days from the date that WNAB provides a good quality signal at Rifkin's principal  xjheadends unless Rifkin provides, within fifteen (15) days of the release date of this Order, an engineering  xshowing which provides data, pursuant to Commission cirteria, to demonstrate poor signal quality on the part of WNAB.  S- ` x9.` ` IT IS FURTHER ORDERED,  that WNAB shall notify Rifkin in writing of its carriage  xand channel position elections (76.56, 76.57, and 76.64(f) of the Commission's Rules) within thirty (30) days of providing a good quality signal.  Sz-x10.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhGary M. Laden x` `  hhChief, Consumer Protection and Competition Division  S:-x` `  hhCable Services Bureau#&a\  P6G;0&P#