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4545M  S-the New York Area of Dominant InfluenceR)hppCSR 4019A/CSR 4647M 0  S-R)hppR)hppCSR 4051A    Sp-Petitions for Reconsideration andR)hppCSR 4413A/4538M  SH -Applications for Review of:R)hppCSR 4416A  xx 0  S -R)hppCSR 4549A/4590M & 4591M  S -Cablevision Systems CorporationR)hppCSR 4556A/CSR 4624M  S -Time Warner R)hppCSR 4563A  S -WRNNTV Associates Ltd.R)hppCSR 4669A/CSR 4649M  S -Mountain Broadcasting CorporationR)hppCSR 4726A/CSR 4747M  SX-Trinity Broadcasting of New York, Inc.R)hppCSR 4794A  S0-Paxson New York License, Inc.R)hppCSR 4783A/CSR 4782M  S-WLNY TV, Inc.R)hppCSR 4803A  S-  MEMORANDUM OPINION AND ORDER TP  S@-X` hp x (#%'0*,.8135@8:(>(II7#"  xjsystems with regard to: (1) WRNN (Ch. 62Kingston, N.Y.), licensed to WRNNTV Associates Limited  S- xPartnership{Xq yO@- x#C\  P6QgP#эWRNN, which signed ontheair in 1985 as WTZA, broadcasts from a transmitter located on Overlook Mountain  xin Woodstock, NY, ten miles northwest of Kingston. The station's studios are located in Kingston and New Windsor, NY. New Windsor is 33 miles south of Kingston.{; (2) WTBY (Ch. 54Poughkeepsie, N.Y.), licensed to Trinity Broadcasting of New York,  S- xZInc.pq yO`- x#C\  P6QgP#эWTBY, which signed ontheair in 1981, broadcasts from a transmitter located on Illinois Mountain in Highland,  xKNY. The station's studio is located in Fishkill, NY. Highland is 2 miles north of Poughkeepsie and Fishkill is 13 miles south of Poughkeepsie. p; (3) WMBCTV (Ch. 63Newton, N.J.), licensed to Mountain Broadcasting CorporationX0q yO - x,#C\  P6QgP#эWMBCTV, which signed ontheair in 1993, broadcasts from a transmitter located in Sparta, NJ. The station's  xcity of license is Newton, NJ (Sussex County) with its studio located in Lake Hopatcong, NJ and a field office in New York City, NY. Sparta is six miles east of Newton and Lake Hopatcong is 10 miles southeast of Newton.; (4) WHAI S- xkTV (Ch. 43Bridgeport, Conn.), licensed to Paxson New York License, Inc. P q yOx - x#C\  P6QgP#эWHAITV first signed ontheair in 1987 but went dark due to financial difficulties in 1991 and did not resume  xservice until late 1993. It actually broadcasts from a transmitter located in Seymour, Connecticut, 17 miles northeast  xof Bridgeport in New Haven County, which is in the HartfordNew Haven ADI. Its studio is also located in Seymour. ; and (5) WLNY (Ch. 55 S`-Riverhead, N.Y.), licensed to WLNYTV, Inc.`8 q yO8- x#C\  P6QgP#эFormerly, WLIG. WLNYTV first signed ontheair in 1985. It broadcasts from a transmitter located in Ridge, NY. Its studio is also located in Ridge. (collectively "the broadcasters").`q yO- x#C\  P6QgP#эOne of the underlying decisions, involving Continental Cablevision, also addressed carriage obligations relating to stations WHSE (Ch. 68, Newark, N.J.) and WHSI (Ch. 67 , Smithtown, N.Y.).   S- ` x3.` ` Section 614(h)(1)(C)(i) provides in relevant part: "[F]ollowing a written request, the  xCommission may, with respect to a particular television broadcast station, include additional communities  x{within its television market or exclude communities from such station's television market to better  S- x.effectuate the purposes of this section."wq {O -#C\  P6QgP#эSee 47 U.S.C. 534(h)(1)(C)(i).w When deletion requests are denied, cable operators must, if all  Sp- xother applicable conditions are complied with, carry the broadcast station signals involved.2 pzq {O- x-#C\  P6QgP#эSee 47 U.S.C. 534(a) ("Each cable operator shall carry, on the cable system of that operator, the signals of  xjlocal commercial television stations and qualified low power stations as provided by this section."); 47 U.S.C.  x;534(h)(1)(A) ("[T]he term 'local commercial television station' means any full power television broadcast station,  xother than a qualified noncommercial educational station within the meaning of section 615(l)(1), licensed and  x<operating on a channel regularly assigned to its community by the Commission that, with respect to a particular cable system, is within the same television market as the cable system.")2 When  xdeletion requests are granted, cable operators are relieved of their obligations to carry the broadcast signals  xinvolved. The broadcasters seeking review or reconsideration, request that the Commission reverse those  xBureau orders granting the cable operators' petitions to delete various communities in the New York ADI"  ,>(>(II "  S- xfor must carry purposes. q yOh- xj#C\  P6QgP#эPaxson New York Licensee filed a motion to hold this proceeding in abeyance pending the submission of  xsupplemental materials. After the involved cable operators responded to this filing, Paxson requested that it be  xwithdrawn. Accordingly, it will not be considered further. WRNNTV and WLNYTV also filed additional  xmaterials after the close of the pleading cycle. We have considered the new information contained in these filings  xZbut find that it does not affect the outcome of the decision below. The issues raised by WRNNTV regarding the copyright liability of other parties are extraneous to the issues addressed here. Cablevision and Time Warner ask for reversal of two of the Bureau's orders  xthat denied their separate requests to delete various communities from the ADI with regard to WRNN and  xWTBY (Cablevision), and WMBCTV (Time Warner). We consolidate consideration of these petitions  xbecause they all involve the New York television market, the legal arguments presented by the parties are substantially similar, and the interests of administrative efficiency will be advanced thereby.  S- ` x4.` ` In considering market modification requests, the Act provides that the Commission shall afford particular attention "to the value of localism" by taking into account such factors as  Xx(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;   Xx(II) whether the television station provides coverage or other local service to such community;   `Xx(III) whether any other television station that is eligible to be carried by a cable system  Cin such community in fulfillment of the requirements of this section provides news  coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and   pXx(IV) evidence of viewing patterns in cable and noncable households within the areas  S-served by the cable system or systems in such community.t @q {O-#C\  P6QgP#эSee 47 U.S.C. 534(h)(1)(C).t  We subsequently refer to the four factors listed in Section 614(h)(1)(C)(ii) as factors I through IV.  S-x5.` ` The following orders are involved:  S-  Xx Adelphia Cable Communications, 1996 WL 272185 (1996) (CSR 4669A/CSR 4649M). This   Ocase involved Adelphia's request to modify the television market of WTBY, WMBCTV, and   0WHAITV with regard to its system serving communities in Ocean County, NJ. It also included   0WHAITV's must carry complaint against Adelphia. The Bureau granted Adelphia's request and dismissed WHAITV's complaint.(#  S-  mXx Cablevision of Monmouth, 11 FCC Rcd 9314 (1996) (CSR 4726A/CSR 4747M). This case   involved Cablevision's request to modify the television market of WMBCTV with regard to its   systems serving communities in Monmouth County, NJ and surrounding areas. It also included   WMBCTV's must carry complaint against Cablevision. The Bureau granted Cablevision's request  S<-and dismissed WMBCTV's complaint. (#"< ,>(>(II "Ԍ S-  ?ԙXx Cablevision Systems Corporation, 11 FCC Rcd 6453 (1996) (CSR 3873A/CSR 4545M). This   case involved Cablevision's request to modify the television markets of WTBY, WRNN, WMBC  TV, and WHAITV with regard to communities served by its systems in upstate New York, New   @York City (the Bronx and parts of Brooklyn), New Jersey, and southern Connecticut. It also   3included WMBCTV's must carry complaint against Cablevision. The Bureau granted   {Cablevision's request to delete WMBCTV throughout the New York ADI. The request was also   Qgranted with regard to WRNN and WTBY except for those communities served by the   Westchester County (Yonkers), NY, Portchester, NY, Fairfield County (Bridgeport and Norwalk),   CT, and northern Bergen County, NJ cable systems. The Bureau granted Cablevision's request   to delete WHAITV except for those communities served by its Portchester and Yorktown, NY, systems.(# Xx   S" -  _Xx Comcast Cablevision of Monmouth County, et. al., 11 FCC Rcd 4226 (1996) (CSR 4549  A/CSRs 4590M and 4591M). This case involved Comcast's request to modify the television   lmarket of WHAITV with regard to its systems serving communities in northern and central New   Jersey. It also included WHAITV's must carry complaints against Comcast. The Bureau granted Comcast's request and dismissed WHAITV's complaint.(# Xx   S4-  ]Xx Comcast Cablevision of Monmouth County, et. al., 11 FCC Rcd 6440 (1996) (CSR 4556A/CSR   04624M). This case involved Comcast's request to modify the television market of WRNN with   regard to its systems serving communities in northern and central New Jersey. It also included   WRNN's must carry complaint against Comcast. The Bureau granted Comcast's request and dismissed WRNN's must carry complaint.(# Xx   SF-  OXx Comcast Cablevision of Monmouth County, et. al., 11 FCC Rcd 6426 (1996) (CSR 4563A).   This case involved Comcast's request to modify the television market of WLNY with regard to   2its systems serving communities in northern and central New Jersey. The Bureau granted Comcast's request.(#  S-  ?Xx Continental Cablevision of Western New England, 11 FCC Rcd 6488 (1996) (CSR 4019A/CSR   4647M). This case involved Continental's request to modify the television markets of WTBY,   WRNN, WMBCTV, WLNY, WHSE, WHSI and WHAITV with regard to its system serving   ^communities in Westchester and Rockland Counties, NY. It also included WMBCTV's must   @carry complaint against Continental. The Bureau granted Continental's request with regard to   WLNY. Its request with regard to WHAITV was granted for all communities except   !Pleasantville, Briarcliff Manor, Garrison, and Bedford, NY, and its request to delete WMBCTV   !was granted with respect to those communities in Westchester County but denied with regard to  SB-  those communities in Rockland County. Bq yO!- x<#C\  P6QgP#эWMBCTV's must carry complaint was granted with respect to the cable communities Continental serves in Rockland County. The Bureau denied Continental's request to delete  S -WTBY and WRNN.?  q yO$- x#C\  P6QgP#эThe Bureau also denied Continental's request to delete WHSE but did grant Continental's request with regard to WHSE's satellite television station, WHSI. Neither the station nor the operator filed petitions for reconsideration.?(# Xx   S!-  |XxTime Warner EntertainmentAdvance/Newhouse Partnership, 11 FCC Rcd 6541 (1996) (CSR"!x ,>(>(IIF#"   4051A). This case involved Time Warner's request to modify the television markets of WTBY,   WRNN, WLNY, and WHAITV with regard to the communities served by its Fort Lee, NJ system in southern Bergen County, NJ. The Bureau granted Time Warner's request.(# Xx   S`-  XxTime Warner New York City Cable Group, 11 FCC Rcd 6514 (1996) (CSR 4413A/CSR 4538  M). This case involved Time Warner's request to modify the television market of WMBCTV with   regard to its systems serving Manhattan, Staten Island, Queens, and parts of Brooklyn. It also   @included WMBCTV's must carry complaint against Time Warner. The Bureau granted Time   "Warner's request with respect to Queens and Brooklyn but denied its request with respect to   Manhattan and Staten Island. WMBCTV's must carry complaint, therefore, was granted only for Manhattan and Staten Island.(# Xx   S" -  Xx Time Warner New York City Cable Group, 11 FCC Rcd 6528 (1996) (CSR 4416A). This case   involved Time Warner's request to modify the television market of WRNN with regard to its   systems serving Manhattan, Staten Island, Queens, and parts of Brooklyn. The Bureau granted Time Warner's request.(# Xx   S\-  Xx Time Warner New York City Cable Group, 1996 WL 532081 (1996) (CSR 4794A). This case   involved Time Warner's request to modify the television market of television broadcast station   @WHAITV with regard to its systems serving Manhattan, Staten Island, Queens, and parts of Brooklyn. The Bureau granted Time Warner's request.(#  S-   Xx TKR Cable Company, 1996 WL 663129 (1996), (CSR 4783A/CSR 4782M). This case involved   TKR's request to modify the television market of WHAITV with regard to its systems serving   Rockland County, NY and Bergen, Morris, and Sussex Counties, New Jersey. It also included   WHAITV's must carry complaint against TKR. The Bureau granted TKR's request and dismissed WHAITV's must carry complaint.(# x  S-  mXxService Electric Cable TV of New Jersey, 1996 WL 740781 (1996), (CSR 4803A). This case   involved Service Electric's request to modify the television markets of WTBY, WRNN, WLNY,   Nand WHAITV with regard to the communities served by its Sussex County and Warren County, NJ systems. The Bureau granted Service Electric's request.(# x  S-( DISCUSSION ă  Sh- `  x6 .` ` The facts, applicable law, arguments of the parties, and the Bureau's detailed analyses are  x[fully set forth in the underlying decisions and will not be repeated here. Having reviewed the arguments  xin the review and reconsideration petitions, we conclude that the arguments presented here were in almost  xall respects raised and properly resolved by the Bureau in the first instance. Accordingly, we affirm most  xof the Bureau's conclusions. We find the Bureau's rationales with regard to historic carriage and carriage  xor noncarriage by neighboring cable operators (factor I), coverage of the communities by other stations  x[(factor III), and audience share (factor IV), carry out the purposes of the applicable statutory provisions"x# ,>(>(II$"  S- xland associated Commission rules.q yOh- x#C\  P6QgP#эWe note that the underlying decisions carefully considered each statutory factor and the Bureau was under no  {O0- xobligation to give particular weight to any of them. See Time Warner Entertainment Co. v. FCC, 56 F.3d 151, 175  {O- x(D.C. Cir. 1995); accord Omnipoint Corp. v. FCC, 78 F.3d 620, 633634 (D.C. Cir. 1996) (When Congress directs  xian agency to consider certain factors, the agency 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, as noted below, we cure certain inconsistencies by  xreversing the Bureau's decisions to delete communities in limited circumstances involving stations' WHAITV and WMBCTV. x  S`- ` x7.` ` In its initial decisions, the Bureau noted that the five television stations at issue generally  x.had no history of carriage in the cable communities in question. The Bureau gave minimal weight to this  xfactor by itself. The Bureau stated that historical carriage is not by itself controlling in these  x>circumstances because such an interpretation of the 1992 Cable Act would, in effect, prevent weaker  xstations, that cable systems had previously declined to carry, from ever obtaining carriage rights. The  xBureau also found that the five stations had virtually no overtheair audience in the cable communities  xat issue. However, the Bureau did not find this to be controlling either, reasoning that Congress could  x[not have intended for these stations to have cable communities deleted from their markets solely because  xtheir audience shares are not as significant as those of the other stations with which they compete. The  xBureau noted that WMBCTV, WTBY, and WHAITV are "specialty stations" that typically attract limited  S - x[audiences. The Bureau believed the fact that such stations attract a smaller audience share must be taken into account in determining the equities concerning a station's right to cable carriage.  SX- ` x8.` ` The Bureau also noted that the availability of other broadcasters in the market is another  xfactor to consider in market deletion cases. The Bureau reasoned that where a cable operator is seeking  xLto delete a station's mandatory carriage rights in certain communities within its ADI, and that the station  xjis not providing local service to those communities, the issue of local coverage by other stations becomes  xa factor that accords greater weight than in cases where a party is seeking to add communities. The  xBureau found that other area stations provide subscribers residing in the cable communities with an abundance of targeted local newscasts and public affairs programming.  S- ` x9.` ` In general, the Bureau recognized the difficulties of applying the four statutory factors to  xstations of recent origin, such as WMBCTV, or more specialized formats, such as WTBY or WHAITV.  xTo remedy the situation, the Bureau relied more heavily on basic geographic and political features and  xrecognized marketing facts as the best available alternative evidence of the market boundaries of the  xstations subject to deletion here. The Bureau also found that New York City, with its transportation and  xpopulation congestion, served as a natural boundary when delineating the markets of the stations involved.  S(- x  S-2 ANALYSIS ă  S- ` x 10.` ` We now address the major issues presented for review. With regard to whether a station  xprovides coverage or other local service to a community (factor II), we find that the Bureau's reliance on  xMGrade B contour coverage and distance to the community, in terms of both geography and mileage, is  xfully supported by the Section 614(h), its legislative history, and Commission precedent. We disagree with  xLthe cable operators' arguments that all of the communities in question should have been deleted given the" D,>(>(IIV""  xabsence of historical carriage and audience in the communities. The Bureau examined historic carriage,  xcarriage of other stations, and audience share, and found that, if a decision were based on these specific  xstatutory criteria alone, the stations at issue would have virtually no market at all to assert their signal  xcarriage rights because they fail to satisfy each of the factors throughout the New York ADI. The Bureau  xproperly interpreted the statute's legislative history indicating that the four enumerated factors are not  x.intended to be exclusive in determining a particular station's television market, and other factors can also  S-be considered in the analysis.;q {Ox- x#C\  P6QgP#эSee H.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992) ("Subsection (h)(3)((B) establishes certain criteria  x-which the Commission shall consider in acting on requests to modify the geographic area in which stations have  xsignal carriage rights. These factors are not intended to be exclusive, but may be used to demonstrate that a  xLcommunity is part of a particular station's market. . . .The provisions of subsection (h)(3)(B) [also] reflect a  xrecognition that the Commission may conclude that a community within a station's ADI may be so far removed from  yOb -the station that it cannot be deemed part of the station's market.") ;  S- ` ax 11.` ` The New York Interconnect was one of the other factors the Bureau weighed in the  xanalysis. Here, we disagree with Cablevision and WHAITV that the Bureau inappropriately applied the  xsubzone definitions of the New York advertising interconnect when modifying the ADI. The New York  xinterconnect was created by the cable operators in this market so that local advertisers would reach as  xmany subscribers as practically possible through the cable television medium. The interconnect is divided  xLinto four subzones for advertising purchasing purposes: (1) Northern and Central New Jersey; (2) New  xYork City; (3) Long Island; and (4) Upstate New York/Fairfield County, CT (including, among others,  xRockland and Westchester Counties). The Bureau reasoned that the subzones were created to reflect the  xdifferent demographics and consumer patterns found in the four discrete areas of the market. We find  xthat the Bureau appropriately viewed the subzones as supporting evidence that its modification decisions  xywere generally congruous with the cable operators' understanding of the ADI, at least from an advertising and marketing perspective.  S- ` x 12.` ` We also reject the arguments of the broadcasters suggesting that regardless of the Section  xM614(h) process, they are essentially guaranteed the right to carriage throughout the ADI. The statute  Sh- xNspecifically provides that the Commission may exclude communities from a station's ADI.whBq {OJ-#C\  P6QgP#эSee 47 U.S.C. 534(h)(1)(C)(i).w The  xjlegislative history notes that when making its market determinations, the Commission may conclude that  xa community within a station's ADI may be "so far removed" from the station that it cannot be deemed  S- xMto be part of the station's market.q yOd-#C\  P6QgP#эH.R. Rep. No. 628, 102d Cong., 2d Sess. at 9798. Consistent with this language, the Bureau properly examined the  xystations' distance to the cable community as measured by geography as well as by mileage. It duly noted  xthe importance of geographic features such as expansive waterways like the Hudson River and the Long  Sx- xIsland Sound xd q yO|#- x#C\  P6QgP#э These bodies of water are particularly difficult to cross because there are relatively few bridges and tunnels  xconnecting the hundreds of communities in New York, and where there are such structures, they are usually heavily  x-congested with traffic. The New York communities are segregated as a result even though the actual distance in terms of mileage is not that great.  and the interposition of Manhattan in the epicenter of the market with its extremely  xcongested infrastructure, that act to remove communities from one another. The Bureau took these factors"PL ,>(>(II"  xinto consideration and reasoned that the greater the distance between the cable community and the  x@broadcaster, the less likely it is that the stations serve the local viewing audience from either a programming or technical perspective. x  S`- ` x 13.` ` WHAITV and WTBY also argue that the only circumstance in which deletion of a local  xstation would enhance localism is where a cable system is unable, in the absence of a deletion, to carry  xjthe signal of another "outofthemarket" station that provides demonstrably more local service. WHAI x.TV attempts to clarify this argument by adding that the statutory language indicates the market deletion  xprovisions are to be used only when deletion of a station's must carry rights is found to "better effectuate"  xthe purposes of the 1992 Cable Act. We find these interpretations of Section 614(h) of the 1992 Cable  x Act and the Commission's implementing rules regarding the filing of market deletion requests are too  SH - xjrestrictive and without a sufficient textual basis.dH q yO -#C\  P6QgP#э47 C.F.R.  76.59.d The statute, on its face, does not limit market deletion  xyrequests only to those situations where an outofthe market station is more deserving of carriage than an  xinmarket station. There is also no language in either the legislative history of Section 614(h) or the  x/Commission's rules directly supporting the station's viewpoint. To the contrary, the stations ignore  xCongress' directive allowing either broadcasters or cable operators to ask for market modifications so that  S - x.a station's ADI could better reflect the economic market at hand. Xq yOx-#C\  P6QgP#эH.R. Rep. No. 628, 102d Cong., 2d Sess. 66, at 97 (1992). Moreover, the purposes of the 1992  x=Cable Act are indeed advanced by the Bureau's decisions because they ensure that television stations are  xycarried in the areas which they service and which form their economic market. Cable subscribers, in turn, are ensured that they are able to view television stations that serve their local interests.  S- ` x 14` ` Turning to local service issues (factor II), we first affirm the Bureau's holding that  xtranslator coverage, particularly in highly dense population areas such as New York City, does not lessen  xthe relevance of the parent station's failure, in this case WRNN and its primary facilities in Woodstock,  xNY and WHAITV and its primary facilities in Seymour, CT, to place a Grade B contour over the subject  xcable communities as Grade B coverage is one indication of the stations' natural market. Commercial  S- xtranslators are secondary service stations that are explicitly not entitled to carriage in their own rightq {Ox- x<#C\  P6QgP#эSee 47 U.S.C. 534(h)(1)(B)(i) (The term "local commercial television station" shall not include low power stations, television translator stations, and passive repeaters.) and  xithe service provided by WRNN and WHAITV's translators, WRNNLP and WNYALP, respectfully, here  xis of less significance in the market modification analysis. Additionally, WNYALP and WRNNLP are  xnot fulfilling their traditional role of filling in gaps in the stations' service areas. Instead, they are extending the stations' coverage to areas well beyond the reach of their Grade B contours.  S- ` x15.` ` Moreover, the evidence suggests that WRNNLP and WNYALP are in fact licensed low  x power television stations functioning as translators that retransmit the parent stations' programming  S- xschedule. Bq yO$- xK#C\  P6QgP#эThe legal status of a translator station is defined by the nature of its programming, following an appropriate  yOZ%- xdeclaration by the licensee, as either rebroadcast or origination, not by the station's original application or  xauthorization. An LPTV operating under a TV translator mode of service is one that retransmits a television  x<broadcast station and originates programming in any amount greater than 30 seconds per hour and/or operates a"&,>(>('"  {O- xsubscription service.  See 47 C.F.R. 74.701(f). A translator only retransmits the programming of its primary station  {OZ-and does not originate programming. See 47 C.F.R. 74.731. Low power television stations, which are not included in the statutory definition of "local"$,>(>(II"  S- xcommercial television station",d$q yO-#C\  P6QgP#эSection 614(h)(1)(B).d also are not entitled to carriage unless they meet six criteria set forth in  S- xSection 614(h)(2). q yO,- x#C\  P6QgP#эAn LPTV station is considered qualified for mandatory carriage status if it meets each of the following six  xstatutory criteria: 1) it broadcasts for at least the minimum number of hours of operation required under 47 C.F.R.  xPart 73; 2) it meets all obligations and requirements applicable to television broadcast stations under Part 73 of Title  x47, Code of Federal Regulations, with respect to the broadcast of nonentertainment programming; programming  xand rates involving political candidates, election issues, controversial issues of public importance, editorials, and  xpersonal attacks; programming for children; and equal employment opportunity; and the Commission determines  xthat the programming by the LPTV station would address local news and informational needs which are not being  xadequately served by full power television broadcast stations because of geographic distance of such full power  xstations from the low power station's community of license; 3) it complies with interference regulations consistent  xwith its secondary status; 4) it is located no more than 35 miles from the cable system's headend and delivers to  xthe principal headend an overtheair signal of good quality; 5) the community of license of the station and the  yO- xfranchise area of the cable system are both located outside the largest 160 Metropolitan Statistical Areas (MSAs)  xon June 30, 1990, and the population of such community of license on that date did not exceed 35,000; and 6) there  xis no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system.  At least in the case of Time Warner and Cablevision's New York City systems,  xWNYALP and WRNNLP, are not low power television stations qualified for carriage because the  xLfranchise areas of the cable systems are inside one of the largest Metropolitan Statistical Areas and there  S`-are several full power television broadcast stations licensed to New York City. `4q yO4- x#C\  P6QgP#эThe statute also notes that nothing in this paragraph (e.g. Section 614(h)(2)) shall be construed to change the  xsecondary status of any low power station as provided in Part 74 of Title 47. To allow carriage of these LPTV  xstations in New York City and elsewhere, in lieu of the parent stations, would, in effect, change their secondary status to that of primary status.  S- ` x16.` ` With respect to the programming issues presented by the broadcasters, we cannot conclude  xthat a station must be considered "local", as Congress intended that term to mean in Section 614 of the  x[1992 Cable Act, solely by airing some occasional programming associated with some of the communities  xin question. Programming is considered in the context of Section 614(h) proceedings only insofar as it  Sp- xserves to demonstrate the scope a station's existing market and service area, not as a quid pro quo that  xguarantees carriage or as an obligation that must be met to obtain carriage. Moreover, the broadcasters  x/have not made a persuasive case that the Bureau's findings in this matter were in error. We note that  xWMBCTV, WHAITV, and WLNY all stress the value of their various programming efforts and formats  xjfor cable subscribers throughout the New York market. However, it appears that the programming being  xoffered on each of these stations is either general in nature and not specifically targeted to the cable  xcommunities at issue, or is in the planning stages and has not yet aired. The lack of actual, targeted programming weighs against the stations in the market modification analysis. x` `  S - ` `x17.` ` We do find that the Bureau erred when it ordered Time Warner to carry WMBCTV in  xManhattan and Staten Island yet relieved Cablevision and Continental of their obligation to carry the same  x.station in the adjacent areas of the Bronx, Yonkers, and other Westchester County communities. In this" ,>(>(II"  xinstance, the cable operators' contend that distance and Grade B contour coverage are irrelevant when a  x[station fails to provide local programming to the relevant community. To the contrary, Grade B contour  xcoverage, in the absence of other determinative market facts (i.e. where the four statutory factors by  xthemselves define the market, where there is no clear proof that the contour fails to reflect actual  x\coverage, or where there is a terrain obstacle such as a mountain range or a significant body of water),  S8- xis an efficient tool to adjust market boundaries because it is a sound indicator of the economic reachlZ8q {O- x#C\  P6QgP#эSee Amendment of Section 76.51 (OrlandoDaytona Beach, Melbourne, and Cocoa, Florida), 102 FCC 2d 1062,  x1070 ("We believe that television stations actually do or logically can rely on the area within their Grade B contours for economic support.").l of  S- xja particular television station's signal. The Commission recognized this approach in its Broadcast Signal  S- xCarriage Report and Order, when it stated that "to show that the station provides coverage or other local  xservice to the cable communities, parties may demonstrate that the station places at least a Grade B  S- xcoverage contour over the cable community or is located close to the community in terms of mileage."fq yO& -#C\  P6QgP#э8 FCC Rcd at 29762977.f  xGiven this direction, and finding that WMBCTV places a full or partial Grade B contour over the  xfollowing communities, we reverse the Bureau's decision to delete Queens, Brooklyn, the Bronx, Yonkers,  xTarrytown, N. Tarrytown, Ossining, CrotononHudson, Buchanan, and Peekskill (all New York) from the  xstation's market. The cable operators serving those areas are therefore required to carry WMBCTV's signal. x  S - ` #x18.` ` We also find that the Bureau erred in redrawing the market boundaries of WHAITV with  S\- x=regard to six cable communities served by Continental Cablevision.\zq {Ov-#C\  P6QgP#эSee Continental Cablevision of Western New England, Inc., 11 FCC Rcd 6488 (1996). In this case, the Bureau found that  xthe upstate New York cable communities of Tarrytown, North Tarrytown, Ossining, CrotononHudson,  xzBuchanan, and Peekskill were not part of the station's market because they were outside WHAITV's  xGrade B contour and on the opposite side of the Hudson river. In fact, the six communities are on the  xsame side of the Hudson River as the station, are on the fringe of WHAITV's Grade B contour, and are  x{close enough to be logically part of the WHAITV market area. We therefore reverse the Bureau's  xdecision with regard to these communities and find that they are part of WHAITV's market. The  xBureau's conclusions with regard to the other cable communities and their relationship with WHAITV are reasonable and are not reversed.  S- ` Bx19.` ` Finally, we reject WRNN's argument that the Bureau was inconsistent when it granted  x>Time Warner's request to delete the station from communities in southern Bergen County yet denied  xCablevision's request to delete communities in northern Bergen County. We also disagree with the similar  xLclaim that the Bureau's Grade B contour analysis led to inconsistent decisionmaking when it retained, in  xWTBY's market, the northern Bergen County communities served by Cablevision yet deleted adjacent  xsouthern Bergen County communities served by Time Warner from the same station's market. In the first  x[instance, WRNN has no historic carriage, audience share, and also does not place a Grade B contour over  xBergen County but it does provide some programming coverage of import to county residents. We  xLsupport the Bureau's decision to divide the county communities in half for must carry purposes because" ,>(>(II"  S- x!of geographic distance and other factors.EXq yOh- x-#C\  P6QgP#эWRNN is, on average, 74 miles away from the cable communities served by Cablevision in northern Bergen  x[County, and is, on average, 83 miles away from the communities served by Time Warner in southern Bergen County.E While programming coverage is relevant in the market  xLmodification equation in the northern part of the county, mileage between the cable communities and the  xstation attenuates any the ties WRNN might have had with communities in southern Bergen County. The  xBureau understood that extending the station's market any further south would not only stretch geographic  xproximity to the extreme but would also run counter to the evidence that WRNN is sufficiently far  xremoved so as to have actually been considered, for some industry market analysis purposes, to be  S- xassociated with the AlbanySchenectadyTroy Designated Market Area ("DMA"),q yO -#C\  P6QgP#эThe DMA is a term originated by Nielsen to identify television markets similar to Arbitron's ADI concept. which is far north of  xNew Jersey. WRNN claims that Nielsen changed its market designation from AlbanySchenectadyTroy  xto New York in October, 1996. This, however, does not affect the conclusion that the station has been  xassociated with the very northern portion of the market. It appears, moreover, that the change in question  xwas made at the request of the station. Nothing in the change suggests that Nielsen was addressing  xwhether the station was local to the southern Bergen County communities. The Bureau's decision also  xgave additional recognition to the fact that two different cable operators and cable systems serve the north  xand the south, and that WRNN's market area should overlay WTBY's as they both broadcast from  xgenerally the same region in upstate New York. As for the Bureau's finding that WTBY is not local to  xcommunities in southern Bergen County, we first note that Time Warner has demonstrated that WTBY  xzdoes not satisfy factors I, III, and IV. In addition, WTBY's Grade B contour does not cover all of the  xcommunities Time Warner serves and the station has not objected to the Bureau's conclusions that southern Bergen County is not part of its market by filing any type of appeal with the Commission.  S-x` `  E ORDERING CLAUSE ă  Sh- ` x20.` ` Accordingly, IT IS ORDERED , that the captioned petitions for review and  S@- xreconsideration ARE DENIED in all respects except in the two instances noted in paragraphs 17 and 18, above.  S- ` Ax21. ` ` IT IS FURTHER ORDERED that the communities of Queens, Brooklyn, the Bronx,  xYonkers, Tarrytown, N. Tarrytown, Ossining, CrotononHudson, Buchanan, and Peekskill are again part  xof WMBCTV's television market, as explained in paragraph 17, above. WMBCTV shall notify Time  xWarner Cable, Cablevision Systems Corporation and Continental Cablevision of Western New England  xk(Media One) in writing of its carriage and channel position election with regard to these communities,  x(76.56, 76.57, 76.64(f) of the Commission's Rules), within thirty (30) days of the release date of this  S- xkMemorandum Opinion and Order. Time Warner, Cablevision and Continental shall comply with the  xprovisions of the Communications Act of 1934, as amended, and the associated rules within sixty (60)  S-days of the release of this Order.  S<- ` nx22.` ` IT IS FURTHER ORDERED that the communities of Tarrytown, North Tarrytown,  xOssining, CrotononHudson, Buchanan, and Peekskill are again part of WHAITV's television market,  xas explained in paragraph 18, above. WHAITV shall notify Continental Cablevision of Western New  xEngland (Media One) in writing of its carriage and channel position election with regard to these six"! x,>(>(IIF#"  xcommunities, (76.56, 76.57, 76.64(f) of the Commission's Rules), within thirty (30) days of the release  S- xdate of this Memorandum Opinion and Order. Continental shall comply with the provisions of the  x.Communications Act of 1934, as amended, and the associated rules within sixty (60) days of the release  S-of this Order. x  S<- ` x23.` ` This action is taken pursuant to statutory authority found in Sections 1, 4(i), 5(c), 405,  xand 614(h)(1)(C) of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 155(c), 405, 534(h)(1)(C). x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@William F. Caton x` `  hh@Acting Secretary  X -#Xj\  P6G;W XP#