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For purposes of this calculation, both overtheair and cable television  S -viewing are included.&Z  yO&- xKԍBecause 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. &" Z,**88 ""Ԍ 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: xwith respect to a particular television broadcast station, include additional xcommunities within its television market or exclude communities from such xstation's television market to better effectuate the purposes of this section. In considering such requests, the Act provides that: xthe Commission shall afford particular attention to the value of localism by xtaking into account such factors as x(I) whether the station, or other stations located in the same area, have xbeen historically carried on the cable system or systems within such xcommunity; x(II) whether the television station provides coverage or other local service xto such community; x(III) whether any other television station that is eligible to be carried by a cable xsystem in such community in fulfillment of the requirements of this section xprovides news coverage of issues of concern to such community or provides xcarriage or coverage of sporting and other events of interest to the community; xand x(IV) evidence of viewing patterns in cable and noncable households within the  S-xareas served by the cable system or systems in such community.Z3 yO-ԍCommunications Act of 1934, as amended, 614(h)(1)(C)(ii), 47 U.S.C. 534(h)(1)(C)(ii).  S-x4. ` ` The legislative history of this provision indicates that: xwhere the presumption in favor of ADI carriage would result in cable subscribers xlosing access to local stations because they are outside the ADI in which a local xcable system operates, the FCC may make an adjustment to include or exclude xparticular communities from a television station's market consistent with Congress' xobjective to ensure that television stations be carried in the areas in which they xserve and which form their economic market.  S8-X` hp x (#%'0*,.8135@8:x,p(p(88 "  S- x.to all stations in the market.X3 yOh- x,ԍ8 FCC Rcd at 1977 n. 139. Viewership information cited herein is county data rather than communityspecific  xydata. However, absent evidence that such data is not fairly reflective of viewing in the actual communities in  yO-question, we accept such data as probative in cases of this type. Ă The rules further provide, in accordance with the requirements of the Act,  S-that a station not be deleted from carriage during the pendency of an ADI change request.< 3 yO`-ԍ47 C.F.R. 76.59.<  S- MODIFICATION ARGUMENTS ă  S8- ` nx8.` ` Harron's system is located in Plymouth County, Massachusetts and is part of the Boston,  xjMassachusetts ADI. Merrimack, New Hampshire, the city of license of WGOT is also part of the same ADI and is approximately 59 miles from the closest of Harron's communities.  S- ` }x9. ` ` In support of its modification request, Harron argues that WGOT should be excluded from  xcarriage on its systems because the station does not satisfy any of the four statutory market modification  xfactors. First, Harron states that it has never carried the station on any of its systems despite the fact that  xthe station has been ontheair nearly ten years. Secondly, Harron maintains that WGOT does not provide  xlocal coverage to its systems due to the fact that it is geographically remote. Harron points out that the  xclosest of its communities is approximately 59 miles from WGOT's city of license while the farthest is  x=approximately 72 miles away. Moreover, Harron states that WGOT does not place either a Grade A or  xGrade B contour over any of the communities. Harron argues that recent decisions have granted similar  SX- xrequests for exclusion where the distances were even less than here.F \Xx3 {Op- xԍSee Cablevision Systems Corporation, 11 FCC Rcd 6453 (1996); Continental Cablevision of Western New  {O:- xEngland, Inc., 11 FCC Rcd 6488 (1996); and Time Warner EntertainmentAdvance/Newhouse Entertainment, 11 FCC rcd 6541 (1996).F Third, Harron states that WGOT  xdoes not carry any programming providing a specific appeal to its subscribers. Harron indicates that a  xrecent sampling of the station's daytime programming falls under the category of "infomercials" or paid  xzprogramming. Harron asserts that local programming is already being provided by the Boston market  S- xstations it currently carries, 3 yO- xKԍThe local stations carried by the systems include, among others: WBZ (CBS), WCVB (ABC), WLNE (CBS), WFXT (FOX), WHDH (NBC), WNAC (FOX), WJAR (NBC), WPRI (CBS). all of which provide local news, sports and community programming.  xFinally, Harron argues that the station has no audience in Plymouth County. While ratings data for  xPlymouth County was not available to Harron, it argues that, due the fact that the station fails to provide  S@- x/a viewable offair signal, it can't have achieved any significant viewership. The fact that the station's  x[viewership is too low to be reported is buttressed by its absence in the listings of such local newspapers  S- xas the Brockton Enterprise, Patriot Ledger and The Boston Globe, as well as the Boston edition of TV  S-Guide. In conclusion, Harron requests that the Bureau grant the requested relief.  S|- ` x 10. ` ` In opposition, WGOT states that pursuant to the Cable Television Consumer Protection  ST- x[and Competition Act of 1992 [92 Act],S T 3 yO%-ԍPub. L. No. 102385, 106 Stat. 1460 (1992).S Harron has failed to demonstrate that denying WGOT its must  xcarry rights in the instant communities would promote local broadcast service and foster diversity and  xcompetition in the Boston ADI. Moreover, WGOT argues that Harron's effort to avoid its must carry" ,p(p(88k"  S- xobligations expressly contradicts the Supreme Court's decision in Turner Broadcasting System, Inc.  S- xetal.v. FCC et al.,? 3 yOB-ԍ117 S. Ct. 1174 (1997).? which upheld the constitutionality of the must carry rules. Stations such as WGOT,  xit continues, represent precisely the kind of station Congress intended to have must carry rights. While  xNmodification of ADI markets are allowed, WGOT argues that there is a heavy burden of proof on  xpetitioners who move to exclude communities from a station's market. In the instant case, WGOT  xmaintains that Harron has not met this burden. WGOT states that it provides a unique program format  xwhich combines programlength presentations by local and national businesses and community  S- xorganizations with religious and local public affairs programming.X3 yO - xԍ It points out programming such as "Focus on New England" which concerns local issues and features local public service organizations operating throughout the Boston ADI. In addition, despite Harron's  xjassertions, WGOT argues that, not only has it aired programming of interest to subscribers in the instant  S- x|communities, but it is listed in The Boston Globe, which has substantial circulation in Harron's  xcommunities. WGOT argues further that no showing has been made that Harron's cable systems would  xlose a local station already carried, or contemplated to be carried, in the event its request is not granted  x.or that its systems or WGOT are not both located within the same ADI market. WGOT maintains that  xHarron's attempts to limit must carry rights to specific coverage areas is misplaced given that Congress  xadopted an economic market approach, as designated by the ADI, rather than using distance or Grade B  xcoverage to determine carriage rights. WGOT states that Harron ignores the fact that WGOT is currently  xcarried on MediaOne's cable system serving Dedham, Massachusetts, which is "closely proximate" to  xHarron's systems. Further, it maintains that the Commission has held that low ratings and lack of historic  xcarriage are of limited relevance in petitions seeking exclusion. Finally, WGOT argues that the carriage  S- xjof other local stations by Harron does not lessen the cable system's statutory obligationsq3 {O^-ԍSee Nationwide Communications, Inc., 10 FCC Rcd 13050 (1995).q or obviate the need for WGOT to be treated equally with its competitors in the Boston ADI.  S- ` x 11. ` ` In reply, Harron states that WGOT's narrow construction of the market modification  xjcriteria providing a guaranteed right of carriage for a station throughout its ADI is at odds with the stated  SF- x]intent of Congress and the Commission and was expressly rejected by the Commission in Market  S - xModifications and the New York Area of Dominant Influence.N B3 yO-ԍFCC 97285 (released August 13, 1997).N While WGOT attempts to minimize the  ximportance of the statutory factors supporting modification, Harron maintains that they are relevant in  S- x^evaluating a station's localism and service to communities and it is entirely appropriate for the  xyCommission to consider these factors in its analysis. It states that the programming examples offered by  xWGOT to establish a local nexus are general in nature and lack details to indicate that they specifically  SZ- x>target Harron's communities. Finally, while WGOT claims that its carriage by MediaOne is "closely  xproximate" to the instant cable systems, Harron points out that the MediaOne system is located in Suffolk  xCounty and is substantially closer to WGOT's city of license than are Harron's headend sites in Pembroke  xand Rockland. Moreover, Harron indicates that WGOT is not carried by any other cable systems serving communities in the same immediate area as its own systems.  S- ",p(p(88"Ԍ S-h( DISCUSSION ă  S- ` x 12. ` ` We will grant Harron's modification request. Based on geography and other relevant  xinformation, we believe that the cable systems herein are sufficiently removed from WGOT that the  S`-communities ought not be deemed part of the station's market for mandatory carriage purposes.D`3 yO-ԍH.R. Rep. 102628, at 9798.D h  S- ` `x 13. ` ` As an initial matter, we note that, according to the legislative history of the 1992 Cable  x\Act, the use of ADI market areas is intended "to ensure that television stations be carried in the areas  S- xywhich they service and which form their economic market."ZX3 yO -ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).Z Changes may be sought and granted by the  S- xCommission "to better effectuate the purposes" of the mandatory carriage requirements.=3 yO -ԍ47 U.S.C. 534(h).= The market  x change process incorporated into the Communications Act, however, is not intended to be a process  xwhereby cable operators may seek relief from the mandatory signal carriage obligations apart from the  x?question of whether a change in the market area involved in warranted. When viewed against this  x[backdrop, and considering all of the relevant factual circumstances in the record, we believe that Harron's  xdeletion petition appears to be a legitimate request to redraw ADI boundaries to make them congruous  xwith market realities. Harron's actions do not reflect an intention to skirt its signal carriage responsibilities  x=under the 1992 Cable Act and the Commission's Rules, nor do they evidence a pattern of discriminatory conduct against the station.  S- ` _x 14. ` ` We now turn to the market modification analysis. At the outset, we note that WGOT has  xno history of carriage in the cable communities in question (factor I), has no overtheair audience in the  xcable communities (factor IV), and provides none of the cable communities with service as measured by  x.its Grade A or Grade B service contours (factor II). Given the statutory directive, weight must be given  xto these factors, but that must be done bearing in mind that the objective of the Section 614(h) process  xis to "better effectuate the purposes" of the broadcast signal carriage scheme. Thus, with respect to the  x/question of historical carriage patterns, attention must be paid to the circumstances from which such  xpatterns developed. Some stations have not had the opportunity to build a record of historical carriage  xfor specific reasons that do not necessarily reflect a judgment as to the geography of the market involved.  xThus, the historical carriage factor to the extent such lack of carriage is reflective of factors outside of  xthe shape of the market is not by itself controlling in these circumstances because such an  x.implementation of the 1992 Cable Act would, in effect, prevent weaker stations, that cable systems had  xpreviously declined to carry, from ever obtaining carriage rights. As such, the evidence relating to this  xkstatutory factor does weigh in favor of excluding Harron's cable systems' communities from WGOT's  xmarket but is not outcome determinative by itself. We would note in this regard, however, that WGOT is not a station that has recently commenced broadcasting.  S`- ` $x15. ` ` A station's local service to cable communities is one of the relevant factors to consider  xlin this particular case that is not influenced by the type or age of the station involved or historical  xkcarriage. Service may be measured through geographic means: by examining the distance between the  xstation and the cable communities subject to the deletion request and taking into account natural  x=phenomena such as waterways, mountains and valleys which tend to separate communities. A station's"!x,p(p(88U#"  xbroadcast of local programming, which has a distinct nexus to the cable communities, is also evidence of  xlocal service. Finally, a station's Grade A or Grade B contour coverage is an additional indicator of local  S-service and we will weigh the presence or absence of such technical coverage accordingly.W3 yO- xԍAs a general matter, Grade B coverage demonstrates service to cable communities and serves as a measure of  {O- xa station's natural economic market. See Broadcast Signal Carriage Issues, 8 FCC Rcd at 2977. See also  {O- xAmendment of Section 76.51 (OrlandoDaytona BeachMelbourne, and Cocoa, Florida), 102 FCC 2d at 1070 ("We  xLbelieve that television stations actually do or logically can rely on the area within their Grade B contours for economic support.").W  S`- ` 2x16. ` ` The availability of other broadcasters in the market is another factor to consider in market  xjdeletion cases such as this one. Where a cable operator is seeking to delete a station's mandatory carriage  xrights in certain communities within its ADI, and it is clear that the station is not providing local service  xto those communities, the issue of local coverage by other stations becomes a factor which we will give  S- xgreater weight than in cases where a party is seeking to add communities."|3 {O - xjԍAccord, Petition of Time Warner Cable, 10 FCC Rcd 8625 (1995) (taking into account the proximity of  xtelevision stations licensed to Hagerstown, MD and surrounding communities in granting the operator's request to  xydelete Arlington, VA station WTMW from the Washington, DC ADI with regard to its cable systems serving Martinsburg, WV and Chambersburg, PA). Here, the Boston affiliates,  xwhich have a closer economic nexus and cast a City Grade signal over the cable communities, provide  xsubscribers residing in the cable communities with targeted local newscasts and public affairs programming.  S - ` x17. ` ` Considering the above, the task in this proceeding is how to reflect the statutory factors  x=in our decision while at the same time recognizing the difficulties of applying these factors to stations of  x>specialized formats. A decision based strictly on the four statutory modification factors historical  xMcarriage, service, other stations' presence, and audience information would simply exclude Harron's  xcommunities from WGOT's market. However, even taking into account the difficulties of applying these  xfactors to those with specialized formats, there is no supporting evidence demonstrating that Harron's  xzcommunities warrant inclusion. The fact that a station is of specialized appeal does not mean that its  xlogical market area is without limits or that it should be exempt from the Section 614(h) market  x[modification process. Given the difficulty of direct reliance on the statutory factors (which demonstrate  xonly limited connections between the cable communities and WGOT) we focus here more heavily on basic  xgeographic and technical features, mileage and Grade B contour, that provide the best available alternative evidence of the market boundaries of the station subject to deletion here.  S- ` nx18. ` ` WGOT signed ontheair March 20, 1989, and broadcasts primarily infomercials and paid xprogramming. The station's city of license is Merrimack, New Hampshire. It lacks measured audience  x(cable and noncable) and historic carriage in all of the cable communities that Harron has requested be  xdeleted and all of the communities involved are outside of WGOT's Grade B contour. The communities  xserved by Harron's system are all from 59 to 72 miles away from WGOT's city of license. Moreover,  x[a search of Commission records confirms that no other Plymouth County cable system presently carries  xWGOT. While the programming offered by WGOT can be considered to be of general interest to the ADI  x[as a whole, neither it nor the locallyproduced program WGOT cites in its opposition, can be considered  x[to be specifically relevant to Harron's communities. It is also generally undisputed that each of the cable"f ,p(p(88"  xLcommunities receives an abundance of local news, sports, and public affairs broadcasts from other closer stations.  S- ` x19. ` ` Given the evidence as to the statutory factors, the lack of evidence concerning service to  xthe communities in question, and the lack of specific programming service to these communities, we  xLconclude that it is logical and consistent with the objective of Section 614 of the Communications Act to delete Harron's cable communities from the WGOT market for mandatory carriage purposes.  S-1 ORDERING CLAUSES ă  Sp- ` Ox20. ` ` Accordingly, IT IS ORDERED, pursuant to 614(h) of the Communications Act of 1934,  xas amended, 47 U.S.C. 534, and 76.59 of the Commission's Rules, 47 C.F.R. 76.59, that the petition  xkfor special relief (CSR5043A) filed on behalf of Harron Cablevision of Massachusetts, d/b/a Harron  S -Communications Corp. IS GRANTED.  S - ` _x21. ` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules, 47 C.F.R. 0.321. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam H. Johnson x` `  hhDeputy Chief, Cable Services Bureau