******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re: ) ) Complaint of United Broadcast Group II, Inc.) CSR-4959-M against TCA Management Company ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: November 7, 1997 Released: November 13, 1997 By the Deputy Chief, Cable Services Bureau: 1. TCA Management Company ("TCA"), operator of cable television systems serving the communities listed below, filed a petition for reconsideration of the Memorandum Opinion and Order, DA 97-1515, released July 21, 1997 in this proceeding ("Bureau Order"). The Bureau Order granted a must-carry complaint filed by United Broadcast Group II, Inc. ("United"), licensee of Television Broadcast Station KINZ(TV), Arlington, Texas, and ordered TCA to commence carriage of KINZ(TV). United filed an opposition to the petition for reconsideration, and TCA filed a reply. 2. The Bureau Order found that signal strength studies submitted by TCA did not comply with Commission requirements for use of sound engineering practices and that TCA therefore failed to establish that United does not provide a sufficient off-air signal to TCA's cable system headends. In any event, under our rules, a station may provide a cable operator with specialized equipment, at the station's expense, which will improve the station's signal to an acceptable quality at a cable system's principal headend. The Bureau Order noted that United had made a commitment on the record to deliver an adequate signal to TCA's cable systems and to pay any associated costs, in accordance with 614(h)(1)(B)(iii) of the Communications Act of 1934, and ordered carriage. 3. TCA submitted new signal strength studies with its petition that both comply with our requirements and show that KINZ-TV does not provide a good quality signal to TCA's cable systems' headends serving Paris, Honey Grove and Sulpher Springs, Texas. The measured KINZ-TV signal at TCA these cable system headends falls substantially below the -45dBm statutory requirement for UHF stations. In view of these new study results and the fact that KINZ-TV is located 70 to 110 miles from the cable systems, TCA request that the carriage requirement set out in the Bureau Order be conditioned upon KINZ-TV providing a good quality signal to each cable headend. 4. United contends that TCA's petition should be denied as a continuing attempt by the cable operator to evade its must carry obligations and asserts that any uncertainty concerning whether equipment provided by United will result in KINZ-TV providing a good quality signal to the cable systems' headends is due only to TCA's repeated failure to cooperate with the licensee. TCA in reply expresses surprise that United bothered to oppose the petition and suggests that United apparently now takes the position that the cable systems must carry KINZ-TV regardless of whether a good quality signal is provided. 5. We believe that TCA has shown that the Bureau Order should be modified to include the requested condition with respect to these four communities. TCA has made a substantial showing that KINZ-TV's signal at the headends of these cable systems falls substantially below the -45dBm statutory requirement for UHF stations. In view of the substantial distances (70 to 110 miles) from KINZ-TV to each of these communities and the tests results that have been submitted, we believe it appropriate to grant the requested condition for these four communities. We expect TCA to cooperate fully in making any such installations that United may undertake at it's own expense. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, that the petition filed TCA Management Company ("TCA") for reconsideration of the Memorandum Opinion and Order, DA 97-1515, released July 21, 1997 in this proceeding IS GRANTED, said Memorandum Opinion and Order IS HEREBY MODIFIED, and TCA IS ORDERED to commence carriage of television station KINZ(TV) sixty (60) days after United Broadcast Group II, Inc. installs the equipment necessary to provide a good quality signal to the headends of TCA's cable systems serving the communities of Athens, Paris, Honey Grove, and Sulphur Springs, Texas. 7. This action is take pursuant to authority delegated by Section 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau