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For purposes of this calculation, both overtheair and cable television  S`-viewing are included.sE`C{ XC- x#Xj\  P6G;9XP#э#X\  P6G;P##X\  P6G;P#Because 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.s x  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:  ~Xxwith respect to a particular television broadcast station, include additional communities  within its television market or exclude communities from such station's television market to better effectuate the purposes of this section.  In considering such requests, the Act provides that:  BXxthe Commission shall afford particular attention to the value of localism by taking into account such factors as   ` XxX` ` (I) whether the station, or other stations located in the same area, have  ` )been historically carried on the cable system or systems within such community;x`  ` pXxX` ` (II) whether the television station provides coverage or other local service to such community; `  ` p&XxX` ` (III) whether any other television station that is eligible to be carried by a cable  ` p6system in such community in fulfillment of the requirements of this section  ` prprovides news coverage of issues of concern to such community or provides  ` pcarriage or coverage of sporting and other events of interest to the community; and `  ` XxX` ` (IV) evidence of viewing patterns in cable and noncable households  ` within the areas served by the cable system or systems in such  S-community.P{ yO$-#Xj\  P6G;9XP##X\  P6G;P#э#X\  P6G;P#Communications Act of 1934, as amended, 614(h)(1)(C)(ii), 47 U.S.C. 534(h)(l)(C)(ii).x` x  S`-x4.` ` The legislative history of this provision indicates that: "`,p(p(88"Ԍ ԙXxwhere 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.  T $ * * * * *TP  ` pXx` ` [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  Brights. These factors are not intended to be exclusive, but may be used to demonstrate  S -that a community is part of a particular station's market. { yO -#Xj\  P6G;9XP##X\  P6G;P#э#X\  P6G;P#H.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992).   S - ` x5.` ` The Commission provided guidance in its Report and Order in MM Docket 92259, supra, to aid decision making in these matters, as follows:  ~XxFor example, the historical carriage of the station could be illustrated by the submission  S2- Qof documents listing the cable system's channel lineup (e.g., rate cards) for a period of  years. To show that the station provides coverage or other local service to the cable  community (factor 2), parties may demonstrate that the station places at least a Grade B  coverage contour over the cable community or is located close to the community in terms  S- of mileage.  Coverage of news or other programming of interest to the community  could be demonstrated by program logs or other descriptions of local program offerings.  The final factor concerns viewing patterns in the cable community in cable and noncable  homes. Audience data clearly provide appropriate evidence about this factor. In this  nregard, we note that surveys such as those used to demonstrate significantly viewed status  Dcould be useful. However, since this factor requires us to evaluate viewing on a  }community basis for cable and noncable homes, and significantly viewed surveys typically  nmeasure viewing only in noncable households, such surveys may need to be supplemented  ST-with additional data concerning viewing in cable homes.TX{ XL-#Xj\  P6G;9XP#э#X\  P6G;P##X\  P6G;P#8 FCC Rcd at 2977 (emphasis in original).   S- ` 3x6. ` ` As for deletions of communities from a station's market, the legislative history of this provision indicates that:   XxThe provisions of [this subsection] reflect a recognition that the Commission may conclude that   "a community within a station's ADI may be so far removed from the station that it cannot be   deemed part of the station's market. It is not the Committee's intention that these provisions be   used by cable systems to manipulate their carriage obligations to avoid compliance with the   _objectives of this section. Further, this section is not intended to permit a cable system to   discriminate among several stations licensed to the same community. Unless a cable system can  S"-  point to particularized evidence that its community is not part of one station's market, it should"" ,p(p(88'$"   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.{ X@-#Xj\  P6G;9XP#э#X\  P6G;P##X\  P6G;P#H.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992). #Xw PE37 XP#(# x  S- ` x7.` ` In adopting rules to implement this provision, the Commission indicated that requested  S`- xchanges should be considered on a communitybycommunity basis, rather than on a countybycounty  x.basis, and that they should be treated as specific to particular stations rather than applicable in common  S- x[to all stations in the market.+ {y{ X) - x;#Xj\  P6G;9XP#э#X\  P6G;P##X\  P6G;P#8 FCC Rcd at 2977 n.139. Viewership information cited herein is county data, rather than communityspecific  xZdata. Absent evidence that such data is not fairly reflective of viewing in the actual communities in question, we  {O -accept such data as probative in cases of this type. See, e.g., RKZ Television, Inc., 8 FCC Rcd 8008, 8010 (1993).+ The rules further provide, in accordance with the requirements of the 1992  S-Cable Act, that a station not be deleted from carriage during the pendency of a market change request. { yOD -#Xj\  P6G;9XP##X\  P6G;P#э#X\  P6G;P#47 C.F.R. 76.59.  S-  MARKET FACTS AND PARTIES' ARGUMENTS ă   SH - ` ox8.` ` WPXNTV is licensed to the City of New York, New York, and WHSETV is licensed  xto Newark, New Jersey; both of these communities are in the New York ADI. The specified communities  x=in Ocean County are also all presently assigned to the New York ADI, and they are all located in central  xNew Jersey. Adelphia's headend is about 51 miles south of Newark, and about 53 miles south of New  S - xjYork City. According to Nielsen's 1995 County/Coverage Study, neither WPXNTV nor WHSETV had  x any reported viewing shares, either offair or on cable in Ocean County, and neither station has been  SZ-recognized as significantly viewed in Ocean County. ZL{ yOF- xԍTo be recognized as significantly viewed in a community or in a county, an independent station must receive  xa share of viewing hours of at least 2% (total week hours) in noncable homes, and it must achieve a net weekly  x;circulation of at least 5%. A partial or full network station must have a share of viewing hours of at least 3% (total week hours), and a net weekly circulation of at least 25 %. 47 C. F. R.  76.5(i).   S2-    S - ` x9.` ` Adelphia argues that neither station is entitled to mandatory carriage on its systems  xObecause neither station provides any programming targeted toward residents of the designated  xcommunities, unlike the other stations licensed to New York City that are presently entitled to request  xcarriage by Adelphia. Adelphia adds that it has never carried WPXNTV, even though the station has been  x]on the air for almost 35 years, during most of which time it was operated as a municipallyowned noncommercial station.  S- ` x10.` ` With respect to WHSETV, Adelphia notes that it became a primetime subscription  xtelevision station on March 1, 1977, but that it has operated as a fulltime commercial broadcast station  x[for the past 12 years. Adelphia states that it has never carried the station in the past 12 years, however,  xeven though it was carried for about 1 1/2 years by the system's prior owner before it became a  xsubscription television station. Adelphia adds that the specified cable communities are all located beyond  xthe Grade B contours both of WPXNTV and of WHSETV. Adelphia notes that the vast majority of  xWPXNTV's programming is infomercials, Fox Sports News, and the Bloomberg News Service, while  xyWHSETV's programming consists exclusively of the Home Shopping Network. Adelphia contends that"4 ,p(p(88="  xneither format is tailored to the needs and interests of its subscribers. Adelphia also notes that Ocean  xCounty is about equidistant from New York City and from Philadelphia, Pennsylvania, and it claims that  xits subscribers receive plenty of local programming, including news and weather reports, from other  S- xstations licensed to serve those cities which the system already carries, X{ yO- xԍSome of the local stories cited by Adelphia include the unusually high cancer rate in Ocean County, the  xwidening of a highway in Ocean County, two robbers impersonating police officers in Ocean County, a Toms River student who died from meningitis, and the Toms River Raiders Junior Pee Wee Superbowl Championship. as well as from various  S`- x[nonbroadcast programs also carried on the system. `{ yO- xԍAccording to Adelphia, these programs include News 12 New Jersey, the Cable Television Network of New Jersey, a local government access channel, Ocean County College, and a local high school access channel. Adelphia adds that neither WPXNTV nor WHSE S8- xTV is listed in the Philadelphia TV Guide. Finally, Adelphia notes that neither station had enough of a  S-reportable audience to be listed in the ratings for Ocean County in Nielsen's 1996 County/Coverage Study.  S- ` x11.` ` In response, WPXNTV notes that it was operated by the City of New York as WNYC xTV, a noncommercial, municipal station prior to its sale a year ago to ITT/Dow Jones, and that it has  St- xonly had a commercial format since July 1, 1996.0Xt@{ yOT- xԍAccording to WPXNTV, at that time, its call letters were WBIS, and it broadcast programming from the  x,Classic Sports Network. This format changed on January 21, 1997 to a daily news and business format with nightly sports programs.0 In addition, WPXNTV notes that there is no dispute  x]concerning the fact that it is in the same ADI as are the designated cable communities. Moreover,  xWPXNTV states that Adelphia already carries eight other stations licensed to the New York ADI, seven  S - xlof which broadcast from the World Trade Center, the same location as that used by WPXNTV. ` { yO- xԍThese stations are as follow: WCBSTV (Channel 2), WABCTV (Channel 7), WNBCTV (Channel 4), WPIX (Channel 11), WWORTV (Channel 9), WNYW (Channel 5), and WNJU (Channel 47).  x]According to WPXNTV, these are factors that demonstrate "a strong market nexus" between the  xdesignated cable communities and the station's community of license. Moreover, WPXNTV contends  xthat granting the requested waiver would enable the cable operator to discriminate among stations licensed  xto the same community in a manner expressly prohibited by Congress. The station adds that grant of the  xLrequested waiver would also deny its ability to compete with the other New York stations, and it would  xdamage the very type of small, independent stations that the mustcarry rules were designed to protect,  S- xNwhile hampering the promotion of diverse, local programming. Citing the Supreme Court's recent  S- x=decision in Turner Broadcasting System, Inc.,E { yO-ԍ117 S. Ct. 1174, 1191 (1997).E WPXNTV contends that the Court also recognized that  xcable operators frequently have incentives to drop local stations in favor of programming less likely to  xycompete with them for audience and for advertisers. Since WPXNTV has only had a commercial format  SF- xfor sixteen months, its lack of historic carriage is irrelevant, according to WPXNTV, citing the Bureau's  S- xdecision in Petition of Catawba Services, Inc.GH { yO$-ԍ10 FCC Rcd 13130, 13132 (1995).G The station also notes that other stations licensed to New  xYork City have historically been carried by the cable systems serving the specified communities, thus  xevidencing a strong market nexus between the station's community of license and the noted cable communities. ",p(p(88"Ԍ S- ` x12.` ` According to WPXNTV, its geographic distance from the cable communities, as well as  xits lack of a Grade B contour over them, are not significant since Congress adopted an ADI based standard  S- x.for mandatory signal carriage, instead of one premised either upon mileage or upon signal contours. The  xstation also notes that parts of New York City are only 38 miles from Adelphia's headend in any event.  xMoreover, WPXNTV maintains that its programming is designed to address the needs and interests of  xall residents of the New York ADI, including those presently served by Adelphia. The station notes that  xzit aired a live Rutgers College football game on September 6, 1997, and that another game is scheduled  xLto be broadcast in October. In addition, WPXNTV states that its Bloomberg Television programs from  x6:00 am to 6:00 pm on Monday to Friday provide viewers with constantly updated local and national  xynews, weather, traffic, and business information, all of which is specifically geared to viewers in the New  xYork ADI. On Saturday, the station also airs one hour of wrestling from New York or from New Jersey,  xand it broadcasts three hours of children's programming in the morning, as well as several locally  S - xproduced news and entertainment shows.8X { yO - xԍThese programs include "Haiti Premier," a French, Creole, and English magazine show; "Namaste America,"  xa program of special interest to Indian viewers; and "For the Record," a series concerning public affairs and communitybased issues. 8 The remainder of WPXNTV's time is allocated to paid  xprogramming, with 22 of its halfhour time slots presently acquired by local businesses. The station adds  xthat Adelphia has not yet shown how the programs offered by the other local stations it carries are of any  xgreater specific interest in the designated cable communities than do those of WPXNTV. According to  xWPXNTV, the factor concerning the system's carriage of other stations is given greater weight when it  xMis clear that the local station involved is not providing local service there. As for its 1996 viewership  xfigures, WPXNTV notes that Ocean County has a cable penetration rate of about 92%, so offair viewing  xis of little relevance, and it maintains that due to its extensive ownership and format changes during the  xpast year, any overall viewing figures would also be unreliable. Citing the Bureau's prior decision in  S- xzDeSoto Broadcasting, Inc.E{ yO@-ԍ10 FCC Rcd 4491, 4494 (1995).E WPXNTV adds that it is recognized that it can take up to three years to  x[develop an audience. Moreover WPXNTV argues that audience share is not given much weight in cases  xwhere the station concerned is not being carried already and where there is high cable penetration, citing  SB- x[the Bureau's previous decision in Complaint of Maranatha Broadcasting Company, Inc. against Garden  S- xState Cable TV.Kx{ yO4-ԍDA 971167 (released June 5, 1997).K Finally, WPXNTV states that it is currently listed in several newspapers serving New  S-Jersey and New York,\{ yO- x<ԍIn support of this statement, WPXNTV submits copies of its television listings from the following papers:  {Of- xThe Star Ledger from Newark, New Jersey; the New York Post from New York City; TV Guide from New York  {O0 -City; and The Home News and Tribune from East Brunswick, New Jersey.  and that several cable systems closely proximate to Adelphia's already carry it./, { yO!- xԍThese systems include Comcast Cablevision's system at Eatontown, New Jersey and two systems operated by  xCablevision of Monmouth that are based in Freehold and Seaside Heights, New Jersey, as well as Monmouth  xxCablevision's system at Lakewood, New Jersey. Moreover, both the cable system at Lakewood and the system at  xSeaside Heights serve communities that are directly adjacent to those currently served by Adelphia's system, according to WPXNTV./  S- ` Bx13.` ` According to WHSETV, it is currently carried by other Ocean County cable systems,  xincluding Cablevision of Monmouth and Comcast Cable of Ocean County. The station adds that it was"~,p(p(88"  xalso carried by a prior owner of Adelphia's system. Moreover, WHSETV states that its transmitter is  xonly 53 miles from Adelphia's headend which, in turn, is only 51 miles from Newark, WHSETV's city  xof license. According to WHSETV, Adelphia's headend is very near the fringe of its Grade B contour,  S- xkwhich is also closer to Toms River than is the contour of several other stations in the New York ADI  xalready carried by Adelphia, such as WRNN (Channel 62), Kingston, New York. The station adds that  xits studio in Newark is actually "the single closest studio to Ocean County of any New York ADI station."  x!According to WHSETV, not only is it in the same state as Adelphia's systems are, but the cable  xjcommunities and Newark are not separated by rough terrain or by any major body of water. The station  xnotes that Adelphia not only currently carries other stations from the New York ADI, but that it also  x=transmits other New Jersey stations, including WWORTV (Channel 9), Secaucus, and WNJU (Channel  Sp- x47), Linden. According to WHSETV, Adelphia's carriage of these stations, together with WHSETV's  xcarriage in Jackson Township, and soon in Lakewood Township, by Cablevision of Monmouth, and in  xthe New Jersey communities of Brick, Mantoloking, and Point Pleasant, by Comcast Cablevision of Ocean  x>County, demonstrates that the designated cable communities, in fact, are part of WHSETV's natural  S - xmarket. Citing the Bureau's prior decisions in Complaint of Maranatha Broadcasting Inc. against TKR  S - x]Cable Company Hamilton Township, New Jersey,K { yO-ԍDA 971150 (released June 4, 1997).K and in Complaint of Maranatha Broadcasting  S - xCompany, Inc. against Comcast Cablevision of Burlington and Gloucester County, Inc.,K X{ yO|-ԍDA 971168 (released June 5, 1997).K the station notes  xjthat in the first case, the cable communities were not deleted from the subject station's ADI, even though  xthe station involved was located in a different state from the cable communities, across a major river from  xthem, and the communities were about the same distance from the station as Newark is from Adelphia's  x headend. In the second case, WHSETV notes that the cable communities were not deleted from the  xsubject station's ADI, although they were located up to 68 miles from the station's city of license, as well  xas across the Delaware River, on the other side of the ADI's central urban area, and in another state. In  xthis case, WHSETV notes that nearly all the other stations in the New York ADI, including those now  xcarried by Adelphia, are separated from the specified cable communities by the Hudson River, Long Island  xSound, or the Atlantic Ocean, while one of the other New Jersey stations, WRNN, is located considerably  xfarther from Ocean County than is WHSETV. According to WHSETV, it offers viewers valuable  xservices through its live electronic retail programming, and it offers items of local appeal through its "Info  xMinutes" series on such matters as Lyme Disease, which is of concern to Ocean County residents, and  xhighway safety with members of the New Jersey police. The station maintains that, despite the fact that  SV- xits programming is not listed in TV Guide and that it has not been recognized as significantly viewed, it  S0- xshould not be deprived it of its mustcarry rights due to insufficient ratings, throughout its home state.  xThe station adds that it also has been recognized that ratings should not be given much weight with  xspecialty format stations, and that for advertising and marketing purposes, the New York market has been  xdivided into four subzones, one of which is the New Jersey subzone, which encompasses all of Newark  S-and Ocean County.{ {O#-ԍSee Market Modifications and the New York Area of Dominant Influence,12 FCC Rcd 12262 (1997).  Sh- x  S@- ` x14.` ` In its consolidated reply, Adelphia contends that neither WPXNTV nor WHSETV has  xshown that it airs a single program geared to residents of Ocean County, whereas other local stations that" z,p(p(88!"  S- xit currently carries have done so.{ yOh- xxԍIn support of this statement, Adelphia submitted summaries of various programs from these stations mostly concerning stories about Toms River, Dover Township, or Ocean County. Adelphia emphasizes that neither WPXNTV nor WHSETV provides  xGrade B or better coverage to the specified cable communities, and that it never carried either station.  xzHad either station offered meaningful local programming, Adelphia states that it would naturally have  xyadded its signal. Citing four other cases involving the New York ADI where the Bureau granted the cable  x-operators' ADI modification requests, and where the distances involved were between sixty and forty miles  xfrom the station to the system, Adelphia adds that it recently ceased carriage of WRNN and that both  S- xstations in this instance are separated from its headend not only by 53 miles, but also by a series of  S- xwaterways, and, in the case of WHSETV, by Newark Bay. Citing the Bureau's prior decision in Time  S- xWarner Cable,N { yO -ԍDA 971755 (released August 18, 1997).N Adelphia adds that Mount Vernon, New York was recently excluded from the ADI of  S- xWPXNTV's affiliate, Station WHAITV (Channel 43), Bridgeport, Connecticut, which had a transmitter  x\located only 50 miles from Mount Vernon. Adelphia notes that, rather than being a struggling, small,  x\vulnerable television station, WPXNTV is affiliated with Paxson Communications Company, which  x/operates 62 television stations in markets reaching 60%, or 58.2 million, U. S. television households.  xMoreover, Adelphia contends that the stations' complete lack of audience share in Ocean County confirms their lack of local programming geared toward and of interest to Ocean County residents.  S -x     S - ANALYSIS AND DISCUSSION  S\-  S4- ` nx15.` ` Adelphia's request to delete stations WPXNTV and WHSETV from the New York ADI  xfor mandatory carriage purposes will be denied. Although WPXNTV itself has not been carried by  xAdelphia in the past, Adelphia has and continues to carry numerous stations licensed to the same city,  xNew York, as WPXNTV. In setting out the historic carriage factor, Congress clearly held that historic  xLcarriage would exist if other stations in the same area are carried. In this instance, Adelphia carries seven  xjother stations that broadcast from the same location as WPXNTV, the World Trade Center. Carriage of  xthese other stations located in the same area is persuasive evidence that the market served by all these  S- x.stations is essentially the same.x{ {Ol-ԍSee Paxson San Jose License, Inc., DA 972276 (released October 30, 1997).x Evidence of historic carriage is especially persuasive where the station  xLseeking to be deleted captures low audience ratings throughout an ADI as is the case in this instance. We  xalso note that because of its recent change from its educational format to a specialized commercial format, WPXNTV has not had a full opportunity to build a presence in its market place.  ST- ` C    x16.` ` With regard to WHSETV, we note that while it has not been carried on Adelphia's  xsystem in recent years it does have some history of carriage and it is unrefuted that it is being carried on  xseveral nearby cable systems. While carriage on nearby systems is not a factor specified by the statute,  xsuch carriage serves as evidence to define the logical scope of a station's market because it demonstrates  S- x{the belief of both the station and of the systems involved that there is a market nexus between the  S- xbroadcast station and the communities where the station is being carried.DZB{ {On%- xhԍSee Complaint of Maranatha Broadcasting Company, Inc. against Garden State Cable TV, supra, in which the  xspecified cable communities were located between 47 and 75 miles from the subject station, but they were not deleted from the station's ADI. D Additionally like the above"d ,p(p(88"  xsituation, Adelphia is currently carrying two other nearby licensees: WWOR, Secaucus and WNJUTV  xLinden, New Jersey. Both of these stations are licensed to communities located within approximately five  S- xto ten miles of Newark, WHSETV's community of license.  In addition with respect to the second  xstatutory factor, we note while WHSETV's grade B contour does not cover any of the relevant  S`- xcommunities it lies only three miles from Adelphia's principal headend and on the fringe of some of  S8- xAdelphia's cable communities, such as Lakehurst and South Toms River.t8{ {O-ԍSee Comcast of Central New Jersey, DA 971191 (released June 5, 1997).t Insofar as the fourth statutory  xfactor is concerned, although WHSETV has no measurable viewing in the specified cable communities,  xwe are not convinced that negligible ratings provide reason enough to grant the market modification  xrequest, particularly in view of the station's lack of cable carriage, as well as the high cable penetration  S- x[rate (over 90%) in Ocean County, coupled with the its home shopping format which has historically not  Sp-garnered significant audience shares in comparison with other nonspecialized commercial formats.cpZ{ {Oj -ԍ  See Comcast of Central New Jersey, supra.c  S - ` x17.` ` In view of the above, we will deny Adelphia's request to delete the designated  xcommunities in Ocean County from the New York ADI insofar as mandatory carriage of WPXNTV and WHSETV is concerned.  S -x1 ORDERING CLAUSES  SX-  S0- ` 2x18.` ` Accordingly, IT IS ORDERED, pursuant to 614(c) of the Communications Act of 1934,  xjas amended, 47 U.S.C. 534 and 76.59 of the Commission's Rules (47 C.F.R. 76.59), that the "Petition  xFor Special Relief" (CSR5078A) filed August 18, 1997, by Clear Cablevision, Inc. and by Manchester Cablevision, Inc., both d/b/a Adelphia Cable Communications IS DENIED.  Sh-x19.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules.  S-x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x x` `  hh@William H. Johnson x` `  hh@Deputy Chief, Cable Services Bureau