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(1) (a) (i) 1) a)D )DDDFrf9q 2 f ]^Rim",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`L0y.X80,X\  P6G;P17jC:,9Xj\  P6G;XP 22a=5,&a\  P6G;&P37nC:,|Xn4  pG;X42e=5,&e4  pG;&5P:% ,J:\  P6G;JP6H5!,i,5\  P6G;,P\7{,W80,%0W*f9 xr G;X\90_=5,%&_*f9 xr G;&X:8wC;,<Xw PE37XP;W!@(#,h@\  P6G;hP\5hC:,%2Xh*f9 xr G;XXut saving changes? &Placement...Edit &Short Form...Rotation: None Rotation: 90 S-Ԋ#Xj\  P6G;9XP# X   )) X-  #&a\  P6G;&P#Federal Communications Commission`}(#DA 972677 ă  yxdddy )#Xj\  P6G;9XP##Xj\  P6G;9XP##&a\  P6G;&P#Pg #&a\  P6G;&P#Before the Federal Communications Commission  S-">Washington, D.C. 20554 ă In the Matter of:)  S8-)pp  S-)CSR5077A Time Warner Entertainment Co., L.P.) d/b/a Time Warner Cable) ) ) For Modification of the Boston,) Massachusetts ADI)   S -   MEMORANDUM OPINION AND ORDER \  SX-X` hp x (#%'0*,.8135@8:(>(II]"Ԍ ` ԙXX` ` (IV) evidence of viewing patterns in cable and noncable households  `within the areas served by the cable system or systems in such  S-community.G yO-ԍ47 U.S.C. 534(h)(l)(C)(ii).Gx`  S`-4.` ` The legislative history of this provision indicates that:  Xwhere 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.  $; * * * * *  n  [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 rights.  These factors are not intended to be exclusive, but may be used to demonstrate that a  S0-community is part of a particular station's market.Z 0X ! yO(-ԍH.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992).Z     S- n5.` ` The Commission provided guidance in its Report and Order in MM Docket 92259, supra, to aid decision making in these matters, as follows:  v A  For example, the historical carriage of the station could be illustrated by the submission of  SB- v documents listing the cable system's channel lineup (e.g., rate cards) for a period of years. To  v show that the station provides coverage or other local service to the cable community (factor 2),  v {parties may demonstrate that the station places at least a Grade B coverage contour over the cable  v community or is located close to the community in terms of mileage. Coverage of news or other  v programming of interest to the community could be demonstrated by program logs or other  v descriptions of local program offerings. The final factor concerns viewing patterns in the cable  ST- v community in cable and noncable homes. Audience data clearly provide appropriate evidence  v about this factor. In this regard, we note that surveys such as those used to demonstrate  v @significantly viewed status could be useful. However, since this factor requires us to evaluate  v viewing on a community basis for cable and noncable homes, and significantly viewed surveys  v Btypically measure viewing only in noncable households, such surveys may need to be  S-supplemented with additional data concerning viewing in cable homes.i G {O#-ԍMustCarry Order, 8 FCC Rcd at 2977 (emphasis in original).i  #^.    #^.   S>-  6.` ` As for deletions of communities from a station's ADI, the legislative history of this provision indicates that:  v XThe provisions of [this subsection] reflect a recognition that the Commission may conclude that"!z ,>(>(IIU#"  v "a community within a station's ADI may be so far removed from the station that it cannot be  v deemed part of the station's market. It is not the Committee's intention that these provisions be  v used by cable systems to manipulate their carriage obligations to avoid compliance with the  v _objectives of this section. Further, this section is not intended to permit a cable system to  v discriminate among several stations licensed to the same community. Unless a cable system can  v point to particularized evidence that its community is not part of one station's market, it should  v 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.  yOP-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992). #Xw PE37 XP#х(#   d(#In adopting rules to implement this provision, the Commission indicated that changes requested should  d(#be considered on a communitybycommunity basis rather than on a countybycounty basis and that they  d(#=should be treated as specific to particular stations rather than applicable in common to all stations in the  S -market.Z X {O-ԍMustCarry Order, 8 FCC Rcd at 2977 n.139. Z  S - III.MARKET FACTS AND ARGUMENT  S - 7.` ` The cable communities at issue are located in Essex, Middlesex, and Suffolk Counties.  d(#LTime Warner's principal headend is located in Middlesex County in the City of Malden, Massachusetts.  d(#Time Warner's Malden system serves the Communities. WHRC's city of license, Norwell, Massachusetts,  d(#and the Communities are part of the Boston ADI which is the sixth largest television market and is  d(#geographically widespread. WHRC's city of license is located 19.4 miles from the City of Boston. On  d(#average, the Communities are located 6.5 miles from the City of Boston and four of the cable communities  d(#jat issue are contiguous with the City of Boston. Time Warner carries eight Boston television stations on its cable systems serving the Boston ADI.  S- 8.` ` In support of its petition, Time Warner argues that WHRC should be excluded from  d(#=carriage on Time Warner's Malden system because the station does not satisfy any of the four statutory  d(#Lmarket modification factors. First, with regard to historic carriage, Time Warner asserts that WHRC has  S- d(#Mnever been carried on its Malden system.6  yO*-ԍPetition at 5.6 Time Warner further asserts that WHRC is not currently  d(#carried by other cable systems serving communities that are closely proximate to the cable communities  SP- d(#at issue.4ZPz {Oj - xԍId. Time Warner states that the cable system serving the adjacent communities of Cambridge, Revere, Saugus,  xJStoneham and Winchester, Massachusetts, does not carry WHRC and neither does the cable system serving the City of Boston.4 Second, with regard to local coverage, Time Warner asserts that WHRC fails to provide full  d(#Grade B contour coverage to all but one of the cable communities at issue. Time Warner states that  d(#\WHRC's Grade B contour covers the City of Winthrop and provides partial coverage to the Cities of Chelsea, Somerville, and Everett.  S- 9.` ` Time Warner further states that WHRC's programming format consisting of program d(#length presentations fails to target local needs and interests. Time Warner presents evidence indicating"`,>(>(II"  d(#that for the quarter April 1 through June 30, 1997, WHRC's programming consisted entirely of public  S- d(#affairs programming supplied by The Christian Network.B yO@-ԍPetition at 7.B Time Warner maintains that such network d(#Lsupplied programming has no nexus to the television station's city of license or to the cable communities  d(#at issue. Time Warner states that WHRC is not listed in any of the TV listings published by the local  d(#newspapers available in the communities served by Time Warner's Malden system nor is it listed in the  S8- d(#Boston edition of TV Guide.78X {O0-ԍId. at 8.7 Time Warner asserts that carriage of WHRC would provide no diversity  d(#in programming because Time Warner currently carries television station WGOT(TV) which broadcasts the same public affairs programs broadcast by WHRC.  S-  310.` ` Time Warner further states that, with regard to the service to the cable communities at  d(#zissue offered by other local television stations and eligible for carriage on Time Warner's system, local  d(#coverage is provided by numerous local stations providing a wide range of local news, sports coverage,  S" - d(#public affairs and public service programming.?"  {O-ԍId. at Exhibit 7.? Time Warner states that three of the Boston stations  S - d(#jwhich it carries begin each weekday broadcast with twohour local newscasts. | yO- xhԍTime Warner states that WBZTV, WCVBTV, and WHDHTV carry 5 a.m. newcasts and local news programs at noon, 5 p.m., 6 p.m., and 11 p.m. Time Warner points out  d(#=that, in market modification proceedings, the Commission has held that when considering the deletion of  d(#a television station, the issue of local coverage by other stations carried by the cable operator takes on  S -greater significance.  {O-ԍPetition at 9 citing TCI of Illinois, DA 971002 (Cab. Serv. Bur. rel. May 12, 1997) at  26.  S2- 11.` ` Finally, Time Warner asserts that, with regard to viewership levels, WHRC recently  d(#resumed broadcasting in December, 1996 and that it is unlikely that the station has any ratings data at this  d(#time. Time Warner argues however that it reasonably can be assumed that WHRC fails to achieve a measurable audience share in the Communities because of its lack of a local nexus.  Sj-  12.` ` In opposition, WHRC states that it is a station that has recently resumed broadcasting after  d(#a sixyear absence and that it is entitled to carriage on Time Warner's cable systems serving the  S- d(#LCommunities.}f  yOH-ԍWHRC was operational during the period December 1986 Spring, 1990. Petition at 5. } WHRC states that it is currently operating at a reduced power level while it secures the  S- d(#yzoning approvals necessary to complete construction of its transmitter facilities.  yO!- xԍOpposition at 2. WHRC states that in 1996 it obtained a construction permit from the Commission but has  x;experienced construction delays due to a zoning dispute over its transmitter site. WHRC states that, until it obtains  xJthe necessary zoning permit, it is operating pursuant to a modified construction permit which permits it to transmit  x from a temporary site seven miles away from the initially authorized transmitter site. WHRC further states that, once  xthe zoning permit is obtained, it will seek to modify its license in order to relocate its transmitter to the originally authorized site.  WHRC asserts that it  d(#should not be excluded from the Boston ADI based upon of the scope of WHRC's temporary operations.  d(#Alternatively, WHRC argues that even if it should continue its operations from its current transmitter site,",>(>(II"  d(#Time Warner fails to satisfy the requirements for deletion under the fourpart statutory test for market modification.  S- 13.` ` WHRC asserts that its status as a new television station and its limited technical  d(#kcapabilities diminish the significance of the station's lack of historical carriage. WHRC states that the  d(#zCable Services Bureau has acknowledged that according much weight to the lack of historic carriage of  d(#a new television station "would defeat the underlying purposes of the mandatory carriage requirement by  d(#preventing weaker or newer stations that cable systems had previously declined to carry, from ever  S- d(#obtaining the right to carriage." {O( -ԍId. at 11, citing Avenue TV Cable Service, Inc., 11 FCC Rcd 4803, 4811 (1996). WHRC maintains that this reasoning is particularly relevant here  d(#because the station had only been operating fulltime for approximately six months when Time Warner  d(#=filed its market modification petition. WHRC states that Time Warner's assertion that the station is not  d(#ycarried by other Boston cable systems is inaccurate. WHRC states that it is carried by a number of cable  d(#/systems serving 56 communities in the Boston market and that it will be carried by the cable system  S - d(#serving the City of Boston shortly.O Z yO-ԍOpposition at 12 , n.28, and Exhibit 4.O WHRC further states that, in addition to the 56 communities in  d(#which it is already carried, carriage requests are pending in 30 additional communities for which the  S - d(#<station has demonstrated that it can deliver a good quality signal.@  yO2-ԍOpposition at 12. @ WHRC points out that the Commission  d(#.has recently ruled that carriage on cable systems in neighboring communities can rebut a cable operator's  SX-argument that a station has no history of carriage in the cable communities at issue.Xz {Or-ԍId. at 12 citing Comcast of Central New Jersey, DA 971191 (Cab. Serv. Bur. rel. June 5, 1997).  S-  14.` ` WHRC argues that, with regard to coverage or other local service, its predicted Grade B  d(#zcontour when its facilities are constructed as authorized by the Commission will encompass all of the  d(#<Communities as well as the City of Boston. WHRC asserts that its proposed Grade B contour will blanket  S- d(#the Communities@  {O<-ԍId. and Exhibit 2.@ and that, currently, its temporary facilities provide Grade B coverage to many of those  Sh- d(#communities.@h yO-ԍOpposition at Exhibit 3.@ Specifically, WHRC states that it provides Grade B contour coverage over all or  d(#lsubstantially all of onethird of the communities at issue, namely, Everett, Winthrop, Chelsea and  d(#Somerville. WHRC further states that it places a signal of Grade B quality or better over many of the  S- d(#Mcommunities beyond WHRC's predicted Grade B contour.7.  {O!-ԍId. at 7.7 WHRC maintains that the communities  d(#currently receiving its Grade B or better signal contain a disproportionate share of the total number of  S-viewers served by Time Warner's cable system serving the Communities.Y"X  {O%- xiԍId. WHRC states that, according to 1990 Census data, the two most populous communities served by Time  xWarner are the Cities of Lynn (pop. 81,245 ) and Somerville (pop. 76,210). The Cities of Medford and Malden,  xwhich WHRC asserts that it provides partial Grade B coverage, are the third and fourth most populous commonties  xserved by Time Warner, with 1990 populations of 57,407 and 53,884, respectively. WHRC maintains that these"Z',>(>('"  xfour communities, Lynn, Somerville, Medford, and Malden, together with the three communities which fall within  x>WHRC's Grade B contour, account for approximately 73.5 percent of the total number of viewers in the Communities.Y",>(>(II"Ԍ S- ԙ15.` ` WHRC further argues that the Communities are geographically proximate to WHRC's  d(#jtransmitter site. WHRC maintains that the cable communities at issue are located, on average, 28.9 miles  S- d(#from WHRC's transmitter site and 23.1 miles from its city of license.7 {O8-ԍId. at 5.7 WHRC points out that Time  S- d(#Warner carries several stations whose communities of license are much more distant.z yO - xԍWHRC states that Time Warner carries the following stations whose communities of license are similarly  xdistant from the City of Boston and the Communities, respectively: WMFP (24.3 miles from Boston); WHSHTV  x(24.6 miles from Boston and 27.0 average miles from the Communities); WUNI (38.2 miles from Boston and 40.9  xaverage miles from the Communities); WNDS 38.4 miles from Boston and 34.2 average miles from the  x;Communities); WENH (53.8 miles from Boston and 48.3 average miles from the Communities). Opposition at 14, n.34. WHRC argues that  d(#Zthe mustcarry provisions prohibit cable operators from discriminating between similarlysituated television  d(#stations. WHRC maintains that its current and proposed Grade B contour coverage and the geographic  d(#Lproximity of the Communities evidences a strong market nexus between WHRC and those communities.  S- 16.` ` With regard to local programming, WHRC argues that its lack of local programming is  d(#Lmore a reflection of its status as a new television station than the scope of its television market. WHRC  d(#Mstates that it fully expects to begin providing locallyoriginated, local public affairs, news, and sports  d(#programming shortly after it receives an occupancy permit for its new broadcast studio facilities. WHRC  d(#maintains that its current lack of local programming does not automatically disqualify it from carriage in  d(#the Communities as the Commission has found that local programming does not guarantee carriage neither  S -is it a condition precedent for obtaining carriage.   {Ob- xԍId. at 9 citing Market Modifications and the New York Area of Dominant Influence, FCC 97285 (rel. Aug. 13, 1997) at  16.  S - 17.` ` WHRC asserts that the third statutory factor, carriage of other television stations which  d(#kprovide local coverage or programming, can be used in deletion requests only where it is clear that the  d(#{station at issue is not providing local service. In this case, WHRC argues that its proximity to the  d(#LCommunities and its Grade B contour demonstrate that it is providing local service. WHRC asserts that  d(#its service to the Boston market is also demonstrated by its proximity to the City of Boston which lies at  d(#[the heart of the Boston ADI. WHRC states that its city of license is located 19.1 miles from the City of  S- d(#Boston and that four of the cable communities at issue are contiguous with the City of Boston.8!L  {O|!-ԍId, at 10.8 WHRC asserts that these factors demonstrate that it is part of the Boston television market.  S- 18.` ` WHRC argues that the fourth statutory factor, viewership levels, should be accorded no  d(#weight in this proceeding because WHRC is a new station. To do otherwise, WHRC argues, would  d(#?undermine the goal underlying the mandatory carriage provisions which is to increase diversity in  d(#programming by ensuring carriage of new and specialty television stations. WHRC notes that it has been  d(#-broadcasting for approximately six months and that the Bureau has noted that it may take up to three years"x!,>(>(II"  S-for a television station to establish an audience.v" {Oh-ԍId. at 13 citing DeSoto Broadcasting Inc., 10 FCC Rcd 4494 (1995).v  S- 19.` ` In reply, Time Warner reiterates its position that WHRC should be deleted from the  d(#Boston ADI based upon the fourpart statutory test for market modification. With regard to WHRC's  d(#proposed Grade B contour, Time Warner argues that WHRC must base its showing on current coverage  d(#and not theoretical future coverage. Time Warner asserts that WHRC's temporary facilities may never  d(#=become permanent because it has been over a year since WHRC began using the temporary facilities and  S- d(#zit has yet to file with the Commission to relocate to its originally authorized transmitter site.?#Z yO -ԍReply at 4.? Time  d(#=Warner further asserts that the fact that WHRC has not actually filed to relocate its transmitter facilities  d(#distinguishes this case from cases in which the television station has an application to expand its Grade  Sp- d(#jB services actually pending with the Commission.P$p {O -ԍId. at 4. P Time Warner further asserts that the stations that it  d(#jcarries provide Grade B contour coverage to the Communities even though their cities of license are more distant than WHRC's city of license.  S -  20.` ` Time Warner asserts that it has shown, and WHRC has not disputed, that WHRC's current  d(#programming has no specific ties or nexus to the Communities and that its programming is duplicative  d(#?of the programming of a station currently carried by Time Warner on its cable system serving the  d(#0Communities. Time Warner further asserts that WHRC has stated its intentions to provide local  d(#1programming in the future but has failed to provide specific information regarding such future  d(#[programming. Time Warner further asserts that the availability of locallyoriginated programming on the  d(#Bostonlicensed stations carried by Time Warner should be accorded evidentiary weight in this proceeding  d(#]because WHRC fails to provide local service to most of the communities served by Time Warner, including its principal headend.  S@- `IV.DISCUSSION  S-   21.` ` Based upon our analysis of the record relating to the four statutory and other relevant  d(#jfactors, we will deny Time Warner's petition. WHRC's Grade B contour coverage,` geographic proximity  d(#and other relevant factors persuade us that the cable communities served by Time Warner's Malden System are part of WHRC's television market.  S(- #22.` ` The cable television mandatory broadcast signal carriage rules were adopted as part of the  d(#1992 Cable Act. According to the legislative history of that Act, the use of ADI market areas is intended  d(#y"to ensure that television stations be carried in the areas which they serve and which form their economic  S- d(#0market."\%| yO#-ԍ H.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).\ The Act specifically provided that the Commission was to consider adding additional  d(#communities or excluding communities from the markets of television stations "to better effectuate the  S`- d(#purposes" of the mandatory carriage requirements.?&`  yO '-ԍ 47 U.S.C. 534(h).? These factors, however, were "not intended to be"`&,>(>(II"  S- d(#[exclusive."\' yO-ԍ H.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).\ In acting on such requests the Commission was instructed to "afford particular attention to  d(#the value of localism, taking into account four specified statutory factors." We do not believe that the  S- d(#requested exclusion of the Communities served by Time Warner from the television market of WHRC will  d(#better effectuate the purposes of the mustcarry statutory provisions. We now turn to our analysis of the fourpart market modification factors.  S- A.` ` Historical Signal Carriage  S-  P23.` ` Statutory factor one is "whether the station, or other stations located in the same area, has  d(#=been historically carried on the cable system or systems within such community." WHRC, operating as  d(#channel 46 licensed to Norwell, Massachusetts, has no history of carriage on Time Warner's cable system  d(#serving the Communities. This factor will be given little weight in this proceeding. WHRC has not had  d(#the opportunity to build a record of historical carriage on Time Warner's Malden System because it is a  d(#new television station. Under this circumstance, WHRC's lack of historical carriage on Time Warner's Malden cable system does not reflect the scope of the station's market.  S -  24.` ` Historic carriage of television stations in the same area is a factor to be considered in this  SX- d(#case. Time Warner carries eight Boston television stations on its cable system serving the Communities.(X yOx- xԍThese stations include WGBHTV, WBZTV, WCVBTV, WHDHTV, WFXT, WSBKTV, WGBXTV, and WABU.  d(#LSuch carriage provides evidence of the scope of the market because it demonstrates the belief of both the  d(#television stations and the cable systems involved that there is a market nexus between each station and  d(#[the communities where the station is carried. WHRC's community of license and the cable communities  d(#at issue are contiguous to or closely proximate to the City of Boston. Time Warner's historical carriage of stations in the Boston area weighs against deletion of the communities form WHRC's television market.  S@-  25.` ` Carriage on nearby cable systems is not a factor enumerated in the statute, but it does  d(#seem likely, depending on the specific circumstances involved, that carriage on nearby systems could serve  S- d(#mas evidence to define the logical scope of a station's market.q) {Oh-ԍSee Fouce Amusement Enterprises, Inc., 100 FCC Rcd 668, 671 (1995).q Such carriage could also serve to  d(#demonstrate market nexus between the broadcast station and the communities where the station is carried  d(#and thus provide evidence as to the scope of a station's market. WHRC provides evidence that it does  d(#have a history of carriage on several cable systems serving nearby communities. For example, WHRC's  d(#jsignal is carried by cable operators serving 56 communities within the Boston television market including  d(#Time Warner's cable system and MediaOne's cable system, both of which serve communities which are  S- d(#closely proximate to the cable communities at issue.*j {O "-ԍSee Opposition at Exhibit 4 for a complete list of communities in which WHRC is being carried. Further, WHRC asserts that the station will be  d(#carried in the City of Boston shortly and that the station is in the process of obtaining information  S-concerning launch date and channel position from the cable system serving the City of Boston. + {OL%- xԍSimilarly, in Comcast of Central New Jersey, we took note of the relevant television station's proposed Grade  {O&-B coverage as evidence of local service. Comcast of New Jersey, DA 971191 at  17.   " X +,>(>(II"Ԍ S- B.` ` Station Coverage of Communities  S- Q26.` ` Statutory factor two is "whether the television station provides coverage or other local  d(#service to such community." This factor incorporates both technical service and programming service.  S`- d(#.With respect to technical service, the Commission has stated in its Report and Order in MM Docket 92 S:- d(#259 that "to show that the station provides coverage or other local service to the cable communities,  d(#{parties may demonstrate that the station places at least a Grade B coverage contour over the cable  S- d(#community or is located close to the community in terms of mileage."?, yOT-ԍ8 FCC Rcd at 29762977.? WHRC places a Grade B contour  d(#over all of the community of Winthrop and over substantially all of the communities of Everett, Winthrop,  d(#Chelsea, and Somerville. The remaining communities are proximate to WHRC's predicted Grade B contour.  S$ - 27.` ` The scope of a local station's market may be measured through geographic means by  d(#examining the geographic distance between the station at issue and the relevant cable communities. We  d(#note that the Communities are located, on average, approximately 30 miles from WHRC's transmitter site  d(#>and 23.1 miles from its city of license. We further note that there are no natural barriers here such as  d(#mountains or waterways which tend to separate communities and to define natural markets. The distances  d(#and geography involved between WHRC and the Communities are not so extreme as to suggest that no market nexus exists.  S- 28.` ` With respect to programming service, Time Warner alleges that there is no programming  d(#.by WHRC that is specifically targeted to the cable communities here in question. WHRC concedes that  d(#its current programming is not locally focused but that it intends to provide local programming after the  d(#zstation begins operations from its new studio facilities. WHRC's lack of local programming weighs in favor of the requested action.  S-  C.` ` Coverage of News, Sporting Events, or Other Events of Interest by Other Stations  S-Entitled to Carriage  S|-  29.` ` Statutory factor three is "whether any other television station that is eligible to be carried  d(#by a cable system in such a community in fulfillment of the requirements of this section provides news  d(#coverage of issues of concern to such community or provides carriage or coverage of sporting and other  d(#events of interest to the community." Carriage of other local stations may be used as an enhancement  d(#factor to support a cable operator's deletion request when there is other evidence in the record that the  d(#{communities at issue are outside the station's market. In this instance, Time Warner alleges that it  d(#provides carriage to numerous stations that provide local service to subscribers in the Communities.  d(#WHRC argues that Time Warner's carriage of other stations should not be given any weight in this  d(#proceeding because WHRC itself is providing local service to the Communities. We find that WHRC's Grade B contour coverage is evidence that the station is providing local service to the Communities.  S!- D.` ` Station Audience in Communities Served by Cable System  S"-  St#- o30.` ` Statutory factor four is "evidence of viewing patterns in cable and noncable households  d(#within the areas served by the cable system or systems in such community." Time Warner has presented"L$ X,,>(>(II%"  d(#kevidence to show that WHRC is not listed in the local television guides to establish that the station is  d(#unlikely to be viewed in the Communities. We find that the evidence submitted by Time Warner with  d(#regard to WHRC's lack of viewership is mitigated by the fact that WHRC has recently resumed broadcasting and has not had an opportunity to build an audience.  S8- E.` ` Summary  S-  S- ~ 31.` ` We have carefully considered each statutory and other relevant factors in the context of  d(#=the circumstances presented here. We are under no obligation to give particular weight to any one of the  S- d(#lseveral factors under consideration.-$ {O - d(#ԍSee Time Warner Entertainment Co. v. FCC, 56 F.3d 151, 175 (D.C. Cir. 1995); accord, Omnipoint Corp. v.  {O - d(#FCC, 78 F.3d 620, 633634 (D.C. Cir. 1996) (When Congress directs an agency to consider certain factors, the  d(#iagency simply "must reach an express and considered conclusion about the bearing of a factor, but is not required to give any specific weight to it."). However, given the difficulties of relying exclusively on the  d(#\statutory factors of historical carriage and viewing patterns, which could severely narrow the carriage  d(#rights of stations even within what is undeniably their local market area, we have found it necessary to  S - d(#focus more heavily on factors other than one and four, i.e., those that are not influenced by the type or  d(#age of the stations involved or historical carriage. We find that WHRC's Grade B contour coverage and  d(#jits geographic proximity to the Communities evidence WHRC's ties to the Boston market. We take note  d(#\Time Warner's carriage of other Boston stations and local stations which are geographically similar to  d(#yWHRC. Thus we conclude that Time Warner has not demonstrated that the cable communities it serves  d(#lack a sufficient nexus with WHRC to warrant deletion of these communities form the Boston ADI.  S - V.  ORDERING CLAUSES  S- 1 32.` ` Accordingly, IT IS ORDERED , pursuant to 614(h) of the Communications Act of 1934,  d(#Mas amended, 47 U.S.C. 534, and Section 76.59 of the Commission's rules, 47 C.F.R. 76.59, that the  Sj-petition for special relief (CSR5077A) filed by Time Warner Cable IS DENIED .  S- 33.` ` This action is taken pursuant to authority delegated under Section 0.321 of the Commission's rules, 47 C.F.R. 0.321. #&a\  P6G;&P#` `  hhCFEDERAL COMMUNICATIONS COMMISSION #&a\  P6G;&P# ` `  hhCWilliam H. Johnson ` `  hhCDeputy Chief, Cable Services Bureau