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See also In the Matter of Implementation  {O2-of the Cable Television Consumer Protection and Competition Act of 1992, 8 FCC Rcd 2965, 2983 n. 211 (1993).0 If either of these conditions is not satisfied, the subject low power station is not considered a qualified low power station for carriage purposes. .  S- MARKET FACTS AND ARGUMENT ă  S8- ` }x3.` ` The Bureau Order denied the complaint because MidMaine failed to support by program  xlogs or other evidence its contention that WFYWLP's programming is locally oriented and addresses local  xneeds not addressed by programming of full power stations and provides local news and informational  S- xjprogramming directed at the communities at issue.L$ {O -ԍSee Bureau Order  3 and 4.L In view of this evidentiary failure, the Bureau Order  xconcluded that WFYWLP did not qualify as low power station entitled to mandatory carriage on State Cable's system serving the communities at issue, as contemplated by Section 614(h)(2)(B).  S$ - ` x4.` ` MidMaine submitted with the petition for reconsideration a listing of WFYWLP's local  xMprogramming which it asserts is not available on any other broadcast station in the local communities  x/served by WFYWLP. It also submitted several newspaper articles containing local comment on the  xstation's programming. MidMaine argues that the program listings and the newspaper articles  x\demonstrate that WFYWLP offered a variety of news, sports, business, children's and informational  xshows dealing with local issues and individuals. MidMaine urges prompt consideration of its petition,  S4- xzstating that State Cable's refusal to carry WFYWLP coupled with the Bureau Order's denial of must  xcarry rights provided a "final blow" to the struggling station which "has gone dark." MidMaine plans to resume operation of WFYWLP if the station is afforded must carry rights on State Cable's system.  S- ` x5.` ` In opposition, State Cable argues that the local programming showing made by MidMaine  xis both untimely and deficient. State Cable contends also that MidMaine failed to demonstrate that local  xnews and informational needs of Fairfield residents are not being adequately served by local full power  S- xtelevision stations. State Cable reasserts its argument not addressed in the Bureau Order that MidMaine  ximproperly manipulated the community of license of WFYWLP in order to qualify for mandatory carriage. Finally, State Cable suggests the matter is moot because WFYWLP has gone off the air.  S- ` Px6.` ` MidMaine replies by asserting that this case presents a classic example of a cable system  xdestroying a competing advertising medium in its community through a denial of carriage that has resulted  S0- xLin forcing WFYWLP off the air. It argues that the Supreme Court in Turner Broadcasting v. FCC, 117  S - xS. Ct 1174 (1997) ("Turner"), recognized that the Congress identified a specific interest in insuring the  xcontinuation of local origination of broadcast programming and found must carry necessary to serve the  xCommunications Act's goals of providing a fair, efficient, and equitable distribution of broadcast services.  S- x=MidMaine points also to the Court's noting in Turner that the Congress recognized the ability of cable  xoperators, through their control of programming channels to the subscriber, to silence competing voices.  xMidMaine contends further that it has made an unrebutted showing that it provided and is willing to  xcontinue to provide local news and informational programming and that it had made a properly supported  xjcarriage request. Finally, MidMaine asserts that the principal losers are the Fairfield viewers, who have lost their local programming source. "",_(_(II'$"Ԍ S-x DISCUSSION AND ANALYSIS ă  S- ` Bx7.` ` MidMaine's petition for reconsideration will be granted, the Bureau Order will be set  xaside, and the request for mandatory carriage of WFYWLP on State Cable's system will be granted.  xState Cable asserts that the programming information submitted with the petition was available to Mid xMaine when the must carry complaint was filed. State Cable notes that Commission rules provide that  xa petition for reconsideration which relies on information known or available to the petitioner prior to  S- xdecision in a contested matter will not be granted.J {OR-ԍSee 47 C.F.R.  1.106(c).J We reject State Cable's procedural objection to the  xsubmission of local programming information with MidMaine's petition as untimely filed. We have held  S- x[that a cable system's undocumented assertions that LPTV's programming content is inadequatebZ {O -ԍSee Seeway Broadcasters, 10 FCC Rcd 1670 (CSB 1995).b and that  Sr- xits subscribers were adequately supplied local programming by other stationscr {O -ԍSee Folse Productions, Inc., 10 FCC Rcd 13644 (1995).c insufficient to warrant a  x.finding that the LPTV is not meeting its local programming responsibilities. We note on reconsideration  xthat State Cable never challenged the adequacy of the local content of WFYWLP's programming in  xopposing the must carry complaint. Instead, State Cable relied on its carriage of other stations serving  xNthe market. In these circumstance and in view of the mandate of the must carry provisions of the  S - x-Telecommunications Consumer Protection and Competition Act of 1992] ~ {O-ԍSee Pub. L. No. 102385, 106 Stat. 1460 (1992).] to determine whether a television  xstation is entitled to must carry status, we will allow MidMaine to establish must carry qualifications by  x.submitting supplemental programming information supporting its earlier contention concerning the local  S2-content of WFYWTV's programming. 2 yO- x[ԍIn the future, we will expect LPTV stations to include with their must carry complaint specific evidence sufficient to establish qualification for must carry status under Section 614(h)(2).  S- ` x8.` ` Turning to the merits, we find that the programming information now provided by Mid xMaine adequately demonstrates that WFYWLP's programming is locally oriented and addresses local  xneeds not shown to be addressed by programming of full power stations serving WFYWLP's community  xof license. MidMaine provided substantial evidence showing that WFYWLP carried at least eight hours  xzweekly of programming consisting of a variety of news, sports, business, children's and informational  S- xMshows dealing with local issues and individuals.` h  {O" -ԍSee Exhibits 3 and 4, submitted with the petition.` The Bureau Order noted that full power television  xstations WABITV (Channel 5, CBS), WLBZTV (Channel 2, NBC), and WVIITV (Channel 7, ABC),  xlicensed to Bangor, Maine, place a Grade B or better signal over those communities and that WFYWLP's  xcommunity of license, Fairfield, receives the programming of full power Educational Television Station  S|- xzWCBB ( Ed. Ch. 10), licensed to Augusta, Maine.E |  {O%-ԍSee Bureau Order, n. 7.E However, nothing in the record shows that these  xjBangor and Augusta stations address the local news and informational needs of Fairfield like WFYWLP. "T ,_(_(II"  xIn particular, State Cable provided no descriptive information, program logs, or other evidence of the local content of the programming of these full power stations.   S- ` 2x9.` ` The Bureau Order also noted that WFYWLP was initially licensed to Waterville, Maine,  xlocated in Kennebec County, Maine. A request was subsequently made by MidMaine to change WFYW xLP's community of license to include both Waterville and Fairfield, Maine. On August 22, 1996, a further  S- x.request was made to delete Waterville and specify only Fairfield as the station's community of license.E  {Oz-ԍSee Bureau Order, n. 8.E  xLFairfield, the new community of license, is located in Somerset County, which unlike Kennebec County,  S- xyhas no licensed full power television station.rZZ yO - xԍThe Commission has stated that "if a full power station is located in the same county or political subdivision  x(of a State) as an otherwise qualified LPTV station, the LPTV station will not be eligible for mustcarry status."  {OL -See Must Carry Order, at 2983, n. 211.r State Cable contends MidMaine should not be permitted  S- xto modify WFYWLP's license in this manner solely for the purpose of qualifying for must carry rights.| {O- xԍIn view of the denial of carriage, the Bureau Order declined to consider whether such license modifications conflicted with Commission regulations.  xHowever, State Cable failed to establish that MidMaine violated any Commission regulations applicable to LPTV license modification procedures.  S - ` 5x10.` ` In summary, we conclude that WFYWLP satisfies the requirements of Section  x614(h)(2)(B) and qualifies for must carry status on State Cable's system serving Fairfield, Maine. The  x.record shows that WFYWLP is qualified for must carry entitlement because the station's programming  xaddresses local needs not addressed by programming of full power stations serving the community at issue  SZ- x/here. The station also meets the requirement set out in the Must Carry Order that its community of  xlicense (Fairfield, Maine) be located in a county (Somerset County) in which no licensed full power television station is located.  S-< ORDER ă  Sl- ` 3x11.` ` Accordingly, IT IS ORDERED that the Petition for Reconsideration of MidMaine  SF- x/Community Broadcasting v. State Cable TV Corporation, 1997 WL 80132 (Cable Serv. Bur. released  S - xMarch 4, 1997) ("Bureau Order") filed by MidMaine Community Broadcasting in File No. CSR 4854M  S- x IS GRANTED , the Bureau Order IS SET ASIDE , and State Cable TV Corporation IS ORDERED to  xcommence carrying WFYWLP on Channel 41 of its system serving Fairfield, Maine within 60 days from the release date of this Order or the return of WFYWLP to operation, whichever is later.  S\- ` _x12.` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules, 47 C.F.R. Section 0.321, x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@William H. Johnson x` `  hh@Deputy Chief, Cable Services Bureau