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The following community units served by Charter are affected by this complaint:  xCA 0132; CA 0136; CA 0183; CA 0259; CA 0668; CA 0725; CA 0826; CA 0871; CA 0872; CA 0875; CA 0876;  xCA 0899; CA 1010; CA 1059; CA 1093; CA 1116; CA 1119; CA 1136; CA 1197; CA 1361; and CA 1458. The  x<following community units served by Century are affected by this complaint: CA 0254; CA 0456; CA 0457; CA 0550; CA 0253; CA 0726; and CA 0753. The Bureau dismissed KSTVTV's complaints after  xdetermining that KSTVTV was not entitled to carriage on the cable operators' Los Angeles cable systems  S|- xbecause under Arbitron's l991l992 Television ADI Market Guide (ADI Market Guide), KSTVTV was  xlnot considered a "local station" entitled to must carry rights in the Los Angeles Area of Dominant"V,**88"  xInfluence (ADI). KSTV's petition is opposed in a joint filing by the cable operators involved. KSTVTV  S-has filed a reply.X] yO@- xxԍKSTVTV has filed three motions in this matter, pursuant to Sections 1.45 (c) and 1.65 of the Commission's  xJrules, requesting leave to file three supplements to its petition. The cable operators opposed said motions. In order that the Commission may be fully informed as to this matter, we shall grant KSTVTV's motions.  S- ` x2. ` ` An ADI is a geographic market designation that defines each television market exclusive  xjof others, based on measured viewing patterns. Essentially, each county in the United States is allocated  xto a market based on which homemarket stations receive a preponderance of total viewing hours in the  xcounty. Generally, a station is considered local in the ADI to which it is assigned by the ADI Market  x=Guide, and thereby entitled to carriage rights on cable television systems located in that ADI. However,  xLthere are certain instances where a station is assigned to an ADI other than the one in which the station's  xcommunity of license is physically located. In this circumstance, the station may assert signal carriage  xrights in its county of license and in the ADI to which it has been assigned by Arbitron. This has become  SH - x=known as the Commission's "home county" exception to the standard ADI designation._H ] {O-ԍSee 8 FCC Rcd at 2975; 47 C.F.R. 76.55(e)(3)._ In its decision,  x[the Cable Services Bureau ruled that Arbitron had assigned KSTVTV to the Santa BarbaraSanta Maria xSan Luis Obispo ADI (Santa Barbara ADI). Consequently, the Bureau found that KSTVTV had must  xzcarry rights in its "home county" of Ventura, along with the communities located in the Santa Barbara  xADI to which it was assigned but did not otherwise have such rights in the Los Angeles ADI of which Ventura is a part. x  S0-q ARGUMENTS OF THE PARTIES TP  S- ` Ax3. ` ` KSTVTV contends that in determining that the station was assigned to the Santa Barbara  xADI and not to the Los Angeles ADI, the Bureau failed to correctly weigh the evidence that KSTVTV  xpresented. Petitioner argues that the Bureau's decision is not supported by the terms of the Cable  xTelevision Consumer Protection and Competition Act of l992 nor by the Commission's rules. In support  xof its contentions, KSTVTV offers letters from Arbitron which it contends confirm that the station is  xlocated within the Los Angeles ADI. KSTVTV notes that the Arbitron letters also mention that "KSTV  S- xchose to be reported in the Santa BarbaraSanta MariaSan Luis Obispo market,"`z] {O -ԍCosta De Oro Television, Inc. Petition, Exhibit B.` but petitioner contends  xthat the station did not request such a reporting, nor could petitioner find any documentation in its files  S-to that effect.: ] {OL -ԍId. at p. 2.: x  SP- ` ox4. ` ` KSTVTV states that as an independent foreignlanguage broadcaster, it has no interest  xin the Santa Barbara market, and that its programming is geared to the Los Angeles market. Petitioner  xcontends that the Bureau has failed to consider the practical implications of its decision. KSTVTV argues  xthat it will need to increase its viewership and ratings in order to be reported in the Nielsen ratings book  xfor Los Angeles, and that this will not be possible without cable carriage in the Los Angeles market.  xArbitron no longer issues audience measurement data for television. Nielsen Media Research (Nielsen),  x[the current service for measuring such data, considers the station to be located in the Los Angeles market"`,`(`(88"  xMand provides ratings information for the station based on it being part of the Los Angeles and not the  S-Santa Barbara market.=] {O@-ԍId., Exhibit A.=  S- ` Qx5. ` ` In their opposition, the cable operators state that KSTVTV was assigned to the Santa  xBarbara ADI in both the l991l992 and the l992l993 Television ADI Market Guides, and that such  S8- xjplacement for two consecutive years is not based on an error.G 8Z] {O2-ԍJoint Opposition at p. 2.G In addition, the fact that Nielsen assigned  xKSTVTV to the Los Angeles market does not negate Arbitron's previous assignment of the station to the  x<Santa Barbara ADI. The cable operators contend that the station consistently has focused its service solely  xon Ventura County and the Santa Barbara market and not Los Angeles. In support, the operators contend  xthat KSTV's Annual Ownership report, filed with the Commission on June 21, l994, lists four low power  x[television stations licensed to Costa De Oro, three located in the Santa Barbara ADI, and one in northern  SH - xVentura County. H ] {O- xԍThe cable operators point out that the l995 Television and Cable Factbook shows this station to be located in Santa Barbara. The operators contend that these broadcast interests throughout the Santa Barbara  S - xmarket undercut petitioner's position regarding the Santa Barbara market.G F] {O-ԍJoint Opposition at p. 3.G The cable operators further  xnote that KSTVTV's application, filed with the Commission on January 3, l994, seeks to extend its then  xconstruction permit. The operators contend that KSTVTV is clear in that application regarding its intent  xto serve Ventura County, and that petitioner does not make any reference to an attempt or desire to serve  S -Los Angeles.: ] {O-ԍId. at p. 4.:  S0- ` x6. ` ` The cable operators argue that KSTVTV began operation with significantly reduced  xpower in l990, prior to the inception of the current must carry rules, and therefore could not have had any  xjreasonable expectation of viewers in the Los Angeles area or carriage on Los Angeles cable systems. The  x=operators state that it is clear that the station has operated for more than five years as a foreignlanguage  xstation without any Los Angeles cable carriage or expectation of carriage, and conclude that the station's  x>choice to operate as a foreignlanguage station cannot have been based upon any assumption of cable  xcarriage in the Los Angeles area. Accordingly, the cable operators state that the Commission's decision  x\in this matter not only reflects existing law, with reference to Arbitron's ADI Market Guide, but also  S-reflects market realities.: j ] {O -ԍId. at p. 5.:  S- ` x7. ` ` In its reply, KSTVTV argues that Arbitron had never undertaken any research or  Sx- xMestablished a factual basis for the "assignment" of KSTVTV to the Santa Barbara ADI.Zx ] {O%-ԍCosta De Oro Television, Inc. Reply at p. 2.Z KSTVTV  xstates that its ownership of three low power stations in the Santa Barbara ADI is not relevant to the issue  x[of its orientation to a particular market. Additionally, petitioner states that its station SK44DT is in the"( ,`(`(88"  xLos Angeles ADI, and that it plans on relocating the facility to the San Fernando Valley in Los Angeles  S- xCounty.:] {O@-ԍId. at p. 4.: KSTVTV also states that it is planning on relocating its full power station to a location closer  S- xto Los Angeles County, with the intent to provide increased service to the Los Angeles ADI.:Z] {O-ԍId. at p. 6.: Petitioner  xreiterates its claim that the Bureau's decision is wrong and that it will cause the station grave economic  S`-harm.:`] {O-ԍId. at p. 8.: x  S- ` #x8. ` ` In supplements to its petition, KSTVTV informs the Commission that it has changed its  xformat to Englishlanguage broadcasts. The station states that because of the Bureau's decision, and the  xsubsequent lack of carriage on Los Angeles area cable systems, it no longer can economically justify  S- xcontinuing as a foreignlanguage broadcaster._~] {O-ԍCosta De Oro Television, Inc. Supplement at p. 1._ The station also states that it has received confirmation  xthat Arbitron has no documentation that KSTVTV ever requested that the station be reported in any ADI  SH - xLother than the Los Angeles ADI.fH ] {O-ԍCosta De Oro Television, Inc. Second Supplement at p. 2.f KSTVTV contends that it never made such a request, and concludes  xthat these facts are central to its argument that the Bureau erred in finding that the station is not entitled  xto must carry status on cable television systems in the Los Angeles ADI. Petitioner submits a declaration  x/from a former Arbitron employee, who states that a "special notice" is included in separate Arbitron  S - xpublications, the Television Market Reports for February l991 through November l993 for the Santa  xBarbara ADI. This notice states that KSTVTV is located in the Los Angeles ADI and that the station  x.has "chosen to be reported" in the Santa Barbara market "for reporting purposes only." The declaration  xnotes that since Arbitron has not retained its television files since closing its television service, it is  x"unable to locate any documentation in connection with the reporting of KSTVTV to the [Santa Barbara]  S- x[market for the 19911992 Arbitron ADI Market Guide."=] {O$-ԍId., Exhibit A.= In addition, KSTVTV contends that Section  xA301(d) of the Telecommunications Act of l996, which amends Section 614(h)(1)(C) of the  x.Communications Act of l934, as amended, directs the Commission to adopt, where available, a "viewing  xpatterns" based system for determining a television station's market. Petitioner argues that adoption of  SD-current Nielsen publications would establish that the station be included in the Los Angeles ADI.eD4 ] {O -ԍCosta De Oro Television, Inc. Third Supplement at p. 3.e  S- ` `x9. ` ` In oppositions to KSTVTV's supplements, the cable operators state that the station's  xclaim that it has dropped its foreignlanguage format for lack of carriage is "disingenuous," since the  S- xstation was never entitled to carriage.s ] {O %-ԍJoint Opposition to Costa De Oro Television, Inc. Supplement at p. 4.s The operators also emphasize that the Commission cannot  S|- xmandate program formats,:|X ] {Ot'-ԍId. at p. 5.: and cannot base any cable carriage decisions on such formats. In regards to"|,`(`(88"  xKSTVTV's contention concerning its placement in Arbitron, the cable operators argue that the declaration  xjsubmitted does not state that the station's placement in the Santa Barbara market was incorrect, but only  S- xthat Arbitron cannot "locate any documentation" relating to that placement.z] {O-ԍJoint Opposition to Costa De Oro Television, Inc. Second Supplement at p. 1.z The operators conclude that  xsince Arbitron is no longer in the business of placing stations in television markets, the only evidence that  S`- xzcurrently can be found supporting KSTVTV's market placement is in the ADI Market Guide.:`Z] {OZ-ԍId. at p. 2.: The  x[operators also contend that the record shows that the station did not question its market placement until  xFebruary, l995, after it realized that its placement in the Santa Barbara ADI would adversely affect its  S- xability to obtain cable carriage in the Los Angeles area.2] {Ot -ԍId. 2 Finally, the operators dispute KSTVTV's  xjinterpretation regarding the amendment of Section 614(h)(1)(C) of the Communications Act, arguing that  xnothing in the statute requires the Commission to use Nielsen rather than Arbitron to determine a station's  x.market, nor has the Commission determined that it should or will use Nielsen in lieu of Arbitron for this  xpurpose. In any event, the operators continue, any change made by the Commission to this effect would  xnot be effective until the next must carry election and that KSTVTV's argument on this point is irrelevant  S -insofar as this proceeding is concerned.y ~] {O-ԍJoint Opposition to Costa De Oro Television, Inc. Third Supplement at p. 2.y  S -W ANALYSIS AND DECISION TP  SX- `  x10 . ` ` Having reviewed the arguments set forth in its petition, we conclude that the arguments  xpresented by KSTVTV were addressed and properly resolved by the Bureau in the first instance.  xAccordingly, we affirm the Bureau's decision and deny the petition. In this proceeding, as in the Bureau's  xearlier order, the crucial question presented is to what extent a station is entitled to carriage in the ADI  S- xin which its community of license is located when it is assigned to a different ADI in the Arbitron l99192  S-Television ADI Market Guide. As the Bureau stated in its order: xKSTVTV is not entitled to carriage on the cable operators' Los Angeles  S-xcable systems because the 19911992 Television ADI Market Guide, xthe controlling text in market designations, assigned the station to the xSanta BarbaraSanta MariaSan Luis Obispo ADI and not to the Los xAngeles ADI. KSTVTV therefore is not a "local station" under the xCommission's definition of the term since it is not within the same television  SV-xmarket with respect to the Los Angeles cable systems.*/ . . . Under Section x76.55(e)(3), the relevant rule provision, stations are entitled to treat "the xcounty in which a station's community of license is located" as within its xmarket regardless of the ADI to which the station is assigned. If KSTVTV xwere correct in its reading of the rules, the "home county" exception would xhave been completely unnecessary. In the present case, the "home county" xprovision affords KSTVTV must carry rights in Ventura County along with"f,`(`(88"Ԍ S-xthe communities located in the Santa Barbara ADI but not in the Los Angeles ADI.>] yOh-ԍ10 FCC Rcd at 947172.> x______________________  S-x*/ See 47 C.F.R. 76.55(c).  Sb- ` }x11. ` ` We do not believe that petitioner has presented any new argument or evidence upon which  x=to reverse the Bureau's decision. We do not agree with petitioner's contention that correspondence from  xArbitron establishes a basis for determining that KSTVTV should be assigned to the Los Angeles ADI. Section 76.55(e) of the Commission's rules, provides that: x(1) Until January 1, 2000, a commercial broadcast television station's market, xunless amended pursuant to 76.59, shall be defined as its Area of Dominant  SJ -xinfluence (ADI) as determined by Arbitron and published in the Arbitron 1991  S$ -x1992 Television ADI Market Guide . . . .  x.There is basically no disagreement that the system operators relied on the correct ADI market guide and  x/that the guide in question assigned KSTVTV to the Santa Barbara rather than the Los Angeles ADI. Parties are entitled to rely on this information as is provided for by the rules.  S6- ` x12. ` ` As to the issue of whether Arbitron erred in including a "special notice" in its Television  S- x[Market ReportsEX] {O-ԍSee paragraph 8, supra.E (assuming its relevance), we believe that the evidence submitted does not suggest that  xthe assignment was improper or erroneous. Petitioner contends that it never requested the assignment and  xthat Arbitron cannot find any evidence to that effect. It then concludes that since there is no record of  xsuch a request, the assignment to the Los Angeles ADI was made in error. We find, however, no basis  x[for assuming that the absence of information as to a specific request suggests an error. In this regard, the  xstation's January 3, 1994 application to extend its construction permit and its three commonly owned low  xpower stations in the Santa Barbara market demonstrate a specific connection to the Santa Barbara market  x and the station had not shown that it provided service to the Los Angeles market outside of Ventura  xCounty to any appreciable extent. We note also, in this regard, that there is another station licensed to  xVentura County (KADYTV, Oxnard) which was also assigned by Arbitron to the Santa Barbara market.  xArbitron has not conceded any error or irregularity in the process but has merely stated that because it has  SV- xshut down its television service it "has not retained any of the files requested by Costa de Oro."xV] yO-ԍAffidavit of James Alvey on behalf of Arbitron filed by Costa De Oro Television.x The  xissue of which market a station is assigned to, a matter that is of critical importance to the broadcasting  S- x[community, is not something that would be easily overlooked or ignored.z] yO "- xԍWe also do not believe that petitioner's reliance on a "special notice" in Arbitron publications other than the Arbitron publication mandated by our rules is relevant to this matter. Finally, to the extent KSTV xTV believed an error was made by Arbitron, it was not without recourse. Section 614(h) of the  xCommunications Act contains a specific mechanism for revising Arbitron ADI assignments for",`(`(88"  S- x<Commission purposes where the propriety of a station's television market is called into question. ] yOh- xԍWe do not have sufficient evidence before us to consider whether such a revision would be appropriate and do not address that issue here. KSTVTV has not sought market redefinition under Section 614(h).  S- ` x13. ` ` We also do not agree with petitioner's argument that the Commission must use Nielsen's  xDMA publications to establish KSTVTV's market area, based on petitioner's interpretation of the  xTelecommunications Act of l996. Although the Commission has concluded that DMA publications are  xultimately preferable, we have also concluded not to use them until the next must carry election cycle in  x-order to permit consideration of transitional procedures to minimize any burdens, costs, or disruptions that  xmight be caused by the shift in market designation standards. In the interim, market modifications  S- xdetermined pursuant to Section 614(h) would be used to refine market boundaries. Our Report and Order  Sr-and Further Notice of Proposed Rulemaking, which amended Section 76.55(e), states: xWe find nothing in the revised statutory language defining a local market nor xin the associated legislative history that would require the Commission to xsubstitute DMAs for ADIs. [footnote omitted] The revised language simply xdirects the Commission to use a commercially available publication. We xconclude that the existing ADI list meets this test. The DMA market listings xor any other widely available commercially published source also could satisfy xthis requirement. Accordingly, we conclude that our decision to continue to xuse Arbitron's ADIs for the 1996 election and adopt Nielsen's DMAs for  S-xfuture election cycles is fully consistent with the requirements of the Act.!  ] yO- xԍ11 FCC Rcd 6201, paragraph 47 (l996). KSTVTV has suggested in a petition for reconsideration filed in  xDocket 95178 that the Commission should already be using DMA rather than ADI market designations. We believe  xthat rule making proceeding, rather than the current must carry complaint proceeding, is the proper forum for addressing a change in the rules.   S- xThis Report and Order also specifically recognized the continued validity of the "home county" exception  xto "ensure that a station is carried in its home county in the limited instances where the station is assigned  SF-to a market that does not include its home county."M"F] yO-ԍ11 FCC Rcd 6201, paragraph 45 (l996).Mh  S- ` ~x14. ` ` Finally, we do not believe arguments regarding the type of programming the station has  xchosen to broadcast to be relevant to this proceeding. Consequently, as our rules provide, we shall rely  S- xupon Arbitron's l991l992 Television ADI Market Guide to determine a station's assignment to its ADI, which, in the instant matter, places KSTVTV in the Santa Barbara ADI. "X",`(`(88"  S-  ORDERING CLAUSES ĐTP  S- ` x15. ` ` Accordingly, IT IS ORDERED , that the captioned petition for reconsideration IS  S-DENIED . x  S8- ` x16. ` ` This action is taken pursuant to statutory authority found in Sections 1, 4(i), 5(c), 405,  x/614(a), and 614(h)(1)(C) of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 155(c), 405, 534(a), and 534(h)(1)(C). X` hp x (#%'0*,.8135@8: