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"N ,**88"Ԍ S-ԙ2 SUMMARY OF PLEADINGS ă  S- ` #x3. ` ` In support of its request, KONGTV states that it is a fullpower UHF television station  x-whose city of license, Everett, Washington, is located within the EverettSeattleTacoma, Washington ADI,  x>as is Snohomish County where the cable systems are located. KONGTV states that by letter dated  x>June11, 1997, it requested carriage on Chambers' systems. On June 27, 1997, however, KONGTV  xindicates that Chambers refused carriage until such time as additional channel space was available which  S- xwould probably not occur until mid1999.  yOP- xԍKONGTV states that Sylvia Sycamore, Senior Vice President of Edmonds Cable Company stated that  x"Chambers currently carries programming on all system channels, under the terms of various legallybinding  x-arrangements: retransmission consent agreements; must carry rules; franchise requirements; cable programming contracts." KONGTV states that it filed its must carry complaint within  xL60 days of this refusal of carriage. KONGTV asserts that, pursuant to Section 4 of the 1992 Cable Act  xand 76.56(b)(2) of the Commission's Rules, local commercial broadcast stations are entitled to mandatory  xcarriage rights on cable systems within the same market. It points out that Chambers currently has 35  xMavailable, activated channels and as such is required to devote onethird of its channel capacity (or 11  xchannels) to must carry channels. KONGTV maintains that Chambers is only using 10 of its channels  x[for broadcast stations and therefore has ample room to accommodate its station. KONGTV argues that  xapparently Chambers is unwilling to replace previously chosen nonbroadcast services in lieu of a legally x[qualified commercial station. KONGTV states that its programming provides viewers with a variety of  S - xprogram options and fills a programming void in the EverettSeattleTacoma area.  yO- x;ԍKONGTV states that its programming consists of Japanese news; veterinary advice programs; Northwest Cable News; and food preparation and dining programs. KONGTV concludes that Chambers' unjustified refusal should not be tolerated.  S- ` x4. ` ` In opposition Chambers states that KONGTV's complaint is defective in important  xrespects and should be rejected. First, Chambers states that KONGTV's complaint is based on a wholly  xOinadequate carriage request. Chambers points out that KONGTV's June 11, 1997 letter only  xkrequests"... carriage on your cable system located in Edmonds. . . ," while the station's must carry  xLcomplaint is directed not only against the Edmonds' system, but additional cable systems not mentioned  S@- xin the original complaint.@ yO- xwԍChambers points to the system serving the community of Richmond Beach (now Shoreline), Washington, which is located in King County, Washington, and the cable system serving Woodway, Washington (Snohomish County). Chambers argues that administrative due process and fair play do not allow  xKONGTV to broaden its must carry complaint to include counties and communities for which it has not  xrequested carriage. It maintains, therefore, that any portion of the instant complaint which does not  xpertain specifically to the Edmonds cable system should be stricken. Secondly, KONGTV's carriage  xrequest specifies that it is only seeking mandatory carriage "for the period January 1, 1997 through  xDecember 31, 1997." Since this same term was specified in the station's mustcarry election notice,  xChambers states that it can only assume that it is the wish of the station. In any event, Chambers  xmaintains that even if the listed period is incorrect, the Commission should not allow the complaint to  S- x=bootstrap such a defective request into one covering a longer period.`  {O&-ԍSee e.g. Pentecostal Revival Association, Inc., 10 FCC Rcd 85, 86 8; recon. denied, 10 FCC Rcd 5011 (1995). Third, Chambers states that it has  xfully complied with Sections 76.56, 76.61 and 76.64 of the Commission's Rules and never denied carriage" ,`(`(88="  xyof KONGTV in a purported letter of June 27, 1997, as alleged by the station. Instead, in a July 2, 1997  x/letter, Chambers states that it informed KONGTV that, while there was no channel space currently  xkavailable, it intended to commence carriage of the station as soon as sections of the upgrade/rebuild of  xits system were completed and a new headend facility constructed. Moreover, Chambers asserts that it  xLdid not state that it may not carry KONGTV until "mid1999." Rather, it stated that the entire system  xrebuild may not be completed until that date. Fourth, Chambers indicates that the Edmonds system is  S- xycarrying 11 must carry broadcast stations and not 10 as alleged by KONGTV.r X yOx- xԍThese stations are: KOMO, KING, KTZZ, KIRO, KCTS, all Seattle, Washington; KSTW, KCPQ, KTBW and  x<KBTC, all Tacoma, Washington; KVOS, Bellingham, Washington; and KBGE, Bellevue, Washington. Chambers states that these stations are also carried in the other communities KONGTV lists in its complaint.r Therefore, the system is  xcurrently exempt from must carry responsibilities. Chambers argues that given the fact that KONGTV's  x[only valid carriage request is for the Edmonds system, that that request will likely expire by the time the  xCommission rules on the station's defective complaint, and the fact that the system is, until its rebuild, exempt from further must carry responsibilities, the instant complaint should be dismissed as moot.  S - ` _x5.1#E` ` 6. 1` ` In reply, KONGTV states that Chambers' arguments in opposition are without merit and  xthe Commission should grant the requested relief. First, KONGTV argues that nowhere in the  xCommission's rules does it require that a must carry election request specify each individual system  x/community unit on which carriage is requested. It points out that 76.64 of the Commission's Rules  xreferences cable system, a term which encompasses all system community units in an area. In any event,  xKONGTV maintains that Chambers clearly did not appear confused by the June 11th request as it stated  xin response that "We have received your letter . . . dated June 11, 1997 electing carriage for KONG on  x the cable television system serving Edmonds, Woodway, Shoreline and parts of Snohomish County,  S- x=Washington."x  yOh-ԍJuly 2, 1997 letter from Ms. Sylvia Sycamore, Senior Vice President of Chambers.x Secondly, KONGTV indicates that the December 31, 1997 termination contained in its  xmust carry request was a typographical error and should have ready December 31, 1999 instead. KONG xTV contends that this inadvertent error caused no harm to Chambers and Chambers has not established  xany reason that it cannot provide carriage for the full term. Third, KONGTV argues that requiring a must  S@- xcarry station to await completion of a rebuild flies in the face of past Commission decisions.7 \@x {OX- xzԍSee Adell Broadcasting Corporation, Da 971999 (released September 19, 1997); Fouce Amusement  {O"- xEnterprises, Inc., DA 9528 (released January 19, 1995); and WLIGTV, Inc., DA 931365 (released November 10, 1993.7 Moreover,  xKONGTV states that Chambers claim that it is carrying its full complement of must carry stations is  xunconvincing as Chambers' list of currentlycarried must carry stations includes a noncommercial station  S- x{which are excluded in figuring the carriage complement for cable systems.8  yO!-ԍ76.56(b)(2).8 Therefore, KONGTV  xconcludes that Chambers has an available channel and the system should be required use it for carriage of its station.  S(-( DISCUSSION ă  S- ` 3x6. ` ` We do not agree with the arguments raised by Chambers herein and will grant KONG xTV's complaint. First, we reject Chambers' claim that KONGTV's June 11, 1997 carriage request was", ,`(`(88"  xyinadequate as a basis for its subsequent must carry complaint. While KONGTV did not specifically list  xthe individual communities for which it was requesting carriage in its June 11th letter, as it did in its must  xcarry complaint, that letter does refer to the Edmonds cable system. Moreover, in its July 2, 1997  xresponse to KONGTV's carriage request, we note that Chambers stated that it had received the June 11th  xletter ". . . electing carriage for KONG on the cable television system serving Edmonds, Woodway,  xShoreline and parts of Snohomish County, Washington." These are the same communities referenced in  x-KONGTV's must carry complaint. Second, we do not agree that KONGTV's mandatory carriage election  xshould be expire on December 31, 1997 instead of December 31, 1999. KONGTV has explained that  xythis error was inadvertent and we see no harm to Chambers in allowing KONGTV the full term allowed.  xThird, of the 11 stations in its channel lineup which Chambers maintains currently fulfills the required  x-number of must carry stations, we find that two, KCTSTV and KBTCTV, are apparently noncommercial  x-educational stations. Section 76.56(b)(2) of the Commission's Rules states that "A cable system with more  xthan 12 usable activated channels . . . shall carry local commercial television stations up to onethird of  xthe aggregate number of usable activated channels of such system." As noncommercial television stations  xdo not count against this quota, we find that Chambers is not at full capacity in the carriage of local commercial television stations.  SX-0 ORDERING CLAUSES ă  S- ` x7. ` ` Accordingly, IT IS ORDERED , pursuant to Section 614 of the Communications Act of  S- x1934, as amended, 47 U.S.C. 534, that the complaint of Zeus Corporation of Washington, Inc. IS  S- xGRANTED. Edmonds Cable Company d/b/a Chambers Cable of Edmonds IS ORDERED to commence  xcarriage of KONGTV on its cable system serving Edmonds, Woodway, Shoreline and parts of Snohomish  Sh- xKCounty, Washington within sixty (60) days of the release of this Order. KONGTV shall notify Chambers  xyin writing of its carriage and channel position elections (76.56, 76.57, and 76.64(f) of the Commission's  S-Rules) within thirty (30) days of this Order.  S- ` Bx8. ` ` This action is taken pursuant to authority delegated under 0.321 of the Commission's Rules. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhGary M. Laden, Chief x` `  hhConsumer Protection and Competition Division x` ` hhCable Services Bureau