WPCTf 2MBERKZ3|x X-#XP\  P6Q9XP#"i~'^5>I\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\HP4M (PCL) (Additional); Local PrintHL4MPCAD.PRS&a\  P6G;\"\&P2gEKX X-#XP\  P6Q9XP#"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd`2a=5,&a\  P6G;&P7jC:,9Xj\  P6G;XP\ @^.$h'j;U7G;A7 Xn-6F[w!/DTck{2 Z`3|xHP4M (PCL) (Additional); Local PrintHL4MPCAD.PRSx  @\"\X@ I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)CourierTimes New RomanTimes New Roman BoldTimes New Roman ItalicCourier BoldCourier Italic2 K/ vz p k` "i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNtoatoa,` hp x (#` hp x (#captioncaption-;1#XP\  P6QXP##C\  P6QP#_Equation Caption_Equation Caption.11#XP\  P6QXP##C\  P6QP#endnote referenceendnote reference/44#XP\  P6QXP##C\  P6QP#2A0?1"@2}@3Afootnote referencefootnote reference04#XP\  P6QXP#head1 #1'd#2p}wC@ #a1Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrf2$ a2Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrf3/` ` ` 2fD4A5kB6 C7Ca3Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrf4:` ` `  a4Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrf5E` ` `  a5Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrf6P  ` ` ` hhh a6Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrf7[   2J8D9WEK!FKlHa7Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrf8f  a8Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrf9q "i~'^09]SS999S]+9+/SSSSSSSSSS99]]]Sxnxxng?Snxgx]nxxxxn9/9aS9S]I]I9S]/9]/]S]]I?9]SxSSIC%CW9+Wa999+999999S9]/xSxSxSxSxSxxInInInInI>/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn7"i~'^5>I\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\2K]b_Rf"i~'^5>M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\<?xxx,ix6X@`7X@ y.X80,X\  P6G;Py.\80,T\4  pG;7jC:,9Xj\  P6G;XP7nC:,|Xn4  pG;XW!@(#,h@\  P6G;hPH5!,i,5\  P6G;,P\5hC:,-2Xh*f9 xr G;XX\{,W80,-0W*f9 xr G;X2a=5,&a\  P6G;&P 2e=5,&e4  pG;&?xxx,Dx `7X<R&HHH,>K,H6X@`7h@ ?xxx,Qx6Nhez7XHP:% ,J:\  P6G;JP\0_=5,-&_*f9 xr G;&X<r5ddd,|d6X@`7@<E<<<,<6X@`7,@ r5ddd,Q~ޡd6Nhez7H X- X   O S-#X\  P6G;P#  #&a\  P6G; &P#Federal Communications Commission`(#CDA 98317 ă  yxdddy OgՊ#Xj\  P6G;9XP#PK #&a\  P6G; &P#Before the Federal Communications Commission  S-""Washington, D.C. 20554 ă  S-lpp  Sq-In re Petition of hh,V) ` `  hh,V)  S!- Channel 39, Inc.  hh,V) ` `  hh,V)  S-For Modification of Television Market of V)ppCSR 5130A  S-Station WDZL, Miami, Floridahh,V)  S1 -  MEMORANDUM OPINION AND ORDER lU  S -X` hp x (#%'0*,.8135@8:filed a consolidated reply to the oppositions. The communities affected by the petition are listed on Appendix "A."  S-M; BACKGROUND ă  S9-  2. ` ` Pursuant to Section 614 of the Communications Act of 1934, as amended by the  S-  Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act"),z 3 yO-#X\  P6G;P#эPub. L. No. 102385, 106 Stat. 1460 (1992).z and implementing  S-  =rules adopted by the Commission in its Report and Order in MM Docket 92259, commercial television   kbroadcast stations are entitled to assert mandatory carriage rights on cable systems located within the   station's market. A station's market for this purpose is its "area of dominant influence" or ADI as defined  Ss-  jby the Arbitron audience research organization.Q"s3 yO$-  #X\  P6G;P#эSection 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides   that a station's market shall be determined by the Commission by regulation or order using, where available,  {OS&-  commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C.  534(h)(1)(C).   Section 76.55(e) of the Commission's Rules provides that the ADIs to be used for purposes of the initial"',p(p(H'"  {O-  implementation of the mandatory carriage rules are those published in Arbitron's 19911992 Television Market Guide.   The Commission recently concluded that it was appropriate to switch market definitions from ADIs to Nielsen Media  {O"-  Research's designated market areas ("DMAs") for mustcarry/retransmission consent elections. See Definition of   iMarkets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules, Report and  {O-  ZOrder and Further Notice of Proposed Rule Making, CS Docket No. 95178, 11 FCC Rcd 6201, (1996) ("Market  {O~-  -Modification Report and Order"). In its Market Modification Report and Order, the Commission decided to use  {OH-  ZArbitron's 19911992 Television ADI Market Guide market designations for the 1996 election and postpone the   switch to Nielsen's DMAs until the mustcarry/retransmission consent election that is to take place on October 1,  {O-  Y1999. The Commission also issue a Further Notice in its Market Modification Report and Order to solicit additional   yinformation and provide parties an opportunity to further consider issues relating to the transition to market designations based on Nielsen's DMAs.Q An ADI is a geographic market designation that defines"s4 ,p(p(88"   yeach television market exclusive of others, based on measured viewing patterns. Essentially, each county   in the United States is allocated to a market based on which homemarket stations receive a preponderance   lof total viewing hours in the county. For purposes of this calculation, both overtheair and cable  S-television viewing are included.%$4 3 yO\-  x#X\  P6G;P#эBecause of the topography involved, certain counties are divided into more than one sampling unit. Also, in   certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {O-  preponderance of the audience in that county. For a more complete description of how counties are allocated, see  {O-Arbitron's Description of Methodology.%  S8-  3. ` ` The Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) further provides that the Commission may:  ~Xwith 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, Section 614(h)(1)(C)(ii) provides that:  BXthe 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;x`   #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   #6system in such community in fulfillment of the requirements of this section   #rprovides 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 ` "x ,p(p(88"Ԍ   XX` ` (IV) evidence of viewing patterns in cable and noncable households   within the areas served by the cable system or systems in such  S-community.n3 yO-#X\  P6G;P#э47 U.S.C. 534(h)(l)(C)(ii).nx`  S`-4. ` ` The legislative history of this provision indicates that:  Xwhere the presumption in favor of ADI carriage would result in cable subscribers losing  Baccess to local stations because they are outside the ADI in which a local cable system  operates, the FCC may make an adjustment to include or exclude particular communities  pfrom a television station's market consistent with Congress' objective to ensure that  #television stations be carried in the areas which they serve and which form their economic market.  $ * * * * *  n  [This subsection] establishes certain criteria which the Commission shall consider in acting  $on requests to modify the geographic area in which stations have signal carriage rights.  These factors are not intended to be exclusive, but may be used to demonstrate that a  S0-community is part of a particular station's market.0X yO(-#X\  P6G;P#эH.R. Rep. No. 628, 102d Cong., 2d Sess. 97 (1992).     S-  n5. ` ` The Commission provided guidance in its Report and Order in MM Docket 92259, supra, to aid decision making in these matters, as follows:  A  For example, the historical carriage of the station could be illustrated by the submission of  SB- 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 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  ST- community in cable and noncable homes. Audience data clearly provide appropriate evidence  about this factor. In this regard, we note that surveys such as those used to demonstrate  @significantly viewed status could be useful. However, since this factor requires us to evaluate  viewing on a community basis for cable and noncable homes, and significantly viewed surveys  Btypically measure viewing only in noncable households, such surveys may need to be  S-supplemented with additional data concerning viewing in cable homes.2 {O#-#X\  P6G;P#эMustCarry Order, 8 FCC Rcd at 2977 (emphasis in original).      In adopting rules to implement this provision, the Commission indicated that changes requested should   be considered on a communitybycommunity basis rather than on a countybycounty basis and that they" z,p(p(88!"   =should be treated as specific to particular stations rather than applicable in common to all stations in the  S-market.3 {O@-#X\  P6G;P#эMustCarry Order, 8 FCC Rcd at 2977 n.139.  S-  6.` ` Adding communities to a station's market generally entitles that station to insist on cable   >carriage in those communities. However, this right is subject to several conditions: 1) a cable system   operator is generally required to devote no more than onethird of the system's activated channel capacity  S-  .to compliance with the mandatory signal carriage obligations,u Z3 {O -#X\  P6G;P#эSee 47 U.S.C.  534(b)(1)(B).u 2) the station is responsible for delivering  S-  [a good quality signal to the principal headend of the system,z 3 {Ot -#X\  P6G;P#эSee 47 U.S.C.  534(h)(1)(B)(iii).z and 3) the system operator is not required   jto carry the signal of any station whose signal substantially duplicates the signal of any other local signal  S-  carried, or the signals of more than one local station affiliated with a particular broadcast network.r ~3 {O-#X\  P6G;P#эSee 47 U.S.C.  534(b)(5).r If,   pursuant to these requirements, a system operator elects to carry only one such duplicating signal, the   \operator is obliged to carry the station from the ADI whose city of license is closest to the principal  S -  [headend of the cable system.a 3 yO-#X\  P6G;P#э8 FCC Rcd at 2981.a Accordingly, depending upon the circumstances involved, the addition of  S -  .communities to a station's market may have the following consequences. It may guarantee that station's   carriage in the subject communities. Should there be more mustcarry stations than onethird of the   ksystem's channel capacity, it would provide the system operator with an expanded list of mustcarry   signals from which to choose. Should the station be a duplicating network station, it will determine which station has priority carriage in the subject communities added.  S-  MARKET FACTS AND ARGUMENT ă  S-  7.` ` Station WDZL is located in the MiamiFt. Lauderdale ADI. On April 1, 1997, Channel   39 commenced operating WDZL under modified facilities employing a directional antenna, increased  Sh-  antenna height and increased effective radiated power, h3 {O-#X\  P6G;P#эSee FCC File No. BLCT970401LW. Malrite Opposition, p. 8. which extends the station's viewable signal farther   .to the north into the West Palm BeachFt. PierceVero Beach ADI than previously possible. Hoping to   =benefit from this newly extended signal coverage, Channel 39 filed the instant petition seeking to include   Lthe Communities, which are located in Palm Beach County, Florida, immediately north of the MiamiFt.   Lauderdale ADI and within the West Palm BeachFt. PierceVero Beach ADI, within WDZL's market.   Adelphia and Comcast, who operate cable systems within those communities, and C34, Malrite, and Freedom, who operate television stations carried on those cable systems, oppose this request.  S(-  8.` ` Channel 39 supports its petition in the main with engineering studies purporting to show  S-  that most of the Communities are located within WDZL's Grade A or Grade B signal contours.2 3 {O&-#X\  P6G;P#эSee Petition, Exhibit 2, Engineering Statement, and Reply, Exhibit 1, Engineering Statement.ķ The" ,p(p(88z"   engineering study presented with Channel 39's reply, utilizing a "LongleyRice propagation model,"   kpurports to show WDZL's Grade A signal covering 81.2%, and its Grade B signal covering 94.8%, of  S-  Palm Beach County, and thus providing technical coverage of all of the communities at issue here.3 {O-#X\  P6G;P#эSee Reply, Exhibit 1, Engineering Statement, Figures 1 & 2.   .Channel 39 also presented an engineering study utilizing traditional Commission methodology described   zin 47 C.F.R.  73.684, which shows technical coverage extending shorter distances and covering lesser  S8-  portions of some of the more distant communities.8Z3 {O2-#X\  P6G;P#эSee Petition, Exhibit 2, Engineering Statement, and Reply, Exhibit 1, Engineering Statement.ķ Channel 39 nonetheless contends this study shows  S-Grade A coverage over twenty two of the Communities and Grade B coverage of the others.`3 yO -#X\  P6G;P#эPetition, p. 56.`  S-  9.` ` With respect to programming, Channel 39 identified two programs as providing local   Lprogram services to the Communities. It identifies the "Peacemaker Campaign" as a joint effort between   !WDZL and The Peace Education Foundation to provide educational programming addressing the   development of dispute resolution skills in Palm Beach County schools. The other is "One for the   Community," a joint effort between the station and Entertainment FundRaising that provides fund raising  S -  [opportunities for Palm Beach County schools and other county community organizations.` |3 yO-#X\  P6G;P#эPetition, p. 78.` Channel 39   states that concurrent with the filing of the petition, WDZL commenced providing public announcements   jregarding the "Peacemaker Campaign" and promoting sales of coupon books distributed by organizations  S -  that support "One for the Community."X 3 {O,-#X\  P6G;P#эId.X Channel 39 also claims credit for local service to the   >Communities because WDZLhas become the sole provider of WB Network programming, following  S0-discontinuance of WB programming by Station WTVX, Ft. Pierce, in August 1997.^03 {On-#X\  P6G;P#эId. p. 9.^  S-  B10.` ` Channel 39 also provided information showing that cable systems serving seven of the  S-  thirty seven Communities have carried WDZL continuously since 1991.0 3 yO-  Z#X\  P6G;P#эThe seven communities are Boca Raton, Boca Teeca, Delray Beach, Highland Beach, Kings Point, Rainbow  {OP-Lakes, and Village of Golf. See Petition, Exhibit 1. WDZL was also carried on  S-  Adelphia's cable system serving six of the Communities during the period 19911993, 3 yO -  #X\  P6G;P#эThe six communities are Boca Del Mar, Boca Pointe, Boca West, Hamptons at Boca Raton, Mission Bay, and  {O!-Sandalfoot Cove. Id. and carried on  Sh-  Adelphia's cable system serving eight of the Communities during the period 19911995. h3 yO#-  #X\  P6G;P#эThe eight communities are Boynton Beach, Briney Breezes, Delray Beach, Gulf Stream, High Point, Lake  {O$-Worth, Ocean Ridge, and Villages of Oriole. Id.  Channel 39   contends that such carriage of WDZL provides a strong indication of interest in WDZL's signal and  S-  WDZL's market connection to the Communities, citing Panhandle Telecasting Co., 12 FCC Rcd 884, 888   y(CSB 1997). Channel 39 notes that other Miami television stations, representing ABC, NBC, CBS, Fox,">,p(p(88a"   kUPN and PBS, have been carried on cable systems serving all thirty seven Communities since at least  S-  1991,s3 {O@-#X\  P6G;P#эSee Petition, Exhibit 1.s and that this carriage of the Miami stations provides strong evidence of a market connection  S-between the Communities and Miami.Z3 {O-  <#X\  P6G;P#э Citing  Cablevision of Cleveland, DA 972000, (Cable Serv. Bur., released September 19, 1997), 1997 WL 578043.  S`-  Q11.` ` Channel 39 presented a Custom Study from Nielsen to establish a record of viewing of   WDZL in Palm Beach County and in the Communities at issue. The following table presents audience  S-data from May 1997 extracted from that study for southern Palm Beach County:_3 yOd -#X\  P6G;P#эPetition, p. 10._  S-` ` Survey Periodhh,Total HouseholdsppNoncable Households  Sp-` ` 35 p.m., MFhh,V0.2 %pp  1.9 %  SH -` ` 57 p.m., MFhh,V0.3 %pp  0.6 %  S -` ` 78 p.m., MFhh,V0.4 %pp  1.5 %  S -` ` 1010:30 p.m., MFhh,V0.2 %pp  2.8 %   Channel 39 contends the lower figures for total households is reflective of the 83% cable penetration of   Palm Beach County and WDZL's absence on cable systems in the county. It contends the viewing of   WDZL would be enhanced if the station could establish must carry rights and become carried on systems   serving the communities. The higher rating for the 1010:30 p.m. time slot is claimed to reflect  S-  0acceptance of its news programs broadcast in that time slot.XD3 {O-#X\  P6G;P#эId.X Channel 39 argues further that the   Commission has found the demonstrated levels of viewing to be significant and entitled to weight in other  S-cases.F3 {O.-  #X\  P6G;P#эCiting Channel 33, Inc. 11 FCC Rcd 3579, 3582 (CSB 1996); American Christian Television Services, 11 FCC  {O-Rcd 3571, 3573 (CSB 1996); and Burnham Road, Co., 10 FCC Rcd 7117, 712021 (CSB 1995).F  Sh-  12.` ` Finally, Channel 39 points out that the Commission recently modified the market of Miami  S@-  zstation WBFSTV to include seven of the Communities involved in the current request.J@2 3 yO -  x#X\  P6G;P#эThe seven communities of Atlantis, Boca Raton, Boynton Beach, Delray Beach, Highland Beach, Village of  {O -Golf, and Wellington, as well as Pahokee were included in WBFSTV's market. See Channel 33, Inc., supra.J Channel 39   notes specifically that the Commission found the communities "to be part of the Miami, Florida ADI with  S-  respect to WBFSTV."n 3 {O$-#X\  P6G;P#эId., at 3582.n Channel 39 argues that those findings support grant of the current market   modification request, because a more compelling case to include these communities in WDZL's market is presented in this record. "x,p(p(88"Ԍ S-  13.` ` The cable operators and television stations oppose the petition by arguing with varying   =emphasis that the statutory factors considered in connection with television station market modification  S-  requests have not been satisfied with respect to the Communities at issue.3 yO-  #X\  P6G;P#эWe reject Malrite's request that the petition be dismissed as procedurally defective for failure to comply with   the service requirements of Section 76.7(b). Section 76.7(b) requires service of a petition for special relief on any    "station licensee, permittee, or applicant or other interested person who may be directly affected if the relief requested   is granted." 47 C.F.R.  76.7(b). Malrite failed to provide any information tending to establish that any of the   hidentified station licensees or permittee Channel 39 omitted to serve with the petition will be directly affected if the relief requested is granted. WDZL's Grade A and Grade   B coverage of the Communities at issue is contested with respect to the station's recently upgraded   facilities as well as previously licensed facilities. Additionally, it is claimed that WDZL provides little   or no programming directed to the Communities at issue, has no history of carriage on cable in many of   the Communities, and has no appreciable audience in Palm Beach County and the particular Communities   at issue. The opponents contend in this connection that other local stations with more substantial   Maudiences in the Communities provide extensive coverage of issues of local concern to viewers in the   Communities. It is also argued that WDZL is entitled to no enhancement credit for carrying WB Network   \programming, on the grounds that all or large segments of WB Network programming is presented on   yother local stations as well as by WGN which duplicates the WB Network programming of WDZL. The   opponents contend further that including in WDZL's market such communities as West Palm Beach, Palm   Beach, Royal Palm Beach and neighboring communities that form the core of the West Palm BeachFt.   lPierceVero Beach ADI would impermissibly alter the basic structure of this ADI market. In this  S -  connection, Channel 39's opponents note that the Commission in Channel 33, Inc. declined to allow   Miami station WBFSTV to extend its market to include West Palm Beach and other nearby communities   .that constitute the core of the West Palm BeachFt. PierceVero Beach ADI. Finally, Comcast opposes   the market inclusion request on the grounds that WDZL's Miami market is economically and   demographically distinct from the West Palm BeachFt. PierceVero Beach market in which its cable systems provide service.  S-  DISCUSSION AND ANALYSIS ă  SB-  14.` ` As noted earlier, Station WDZL is located in the MiamiFt. Lauderdale ADI. Channel 39,   licensee of WDZL, seeks to include the Communities, located within the West Palm BeachFt. PierceVero   ]Beach ADI, in WDZL's market. Adelphia and Comcast, who operate cable systems within those   Mcommunities, and C34, Malrite, and Freedom, who operate television stations carried on those cable   systems, oppose this proposed market modification request. We resolve this matter by considering the information of record under the four statutory factors set out in Section 614(h)(1)(C)(ii).  S*-  3 15.` ` WDZL has been carried on Adelphia's cable systems serving Boca Raton, Boca Teeca,   Delray Beach, Rainbow Lakes, and the Village of Golf; on Southeast Florida Cable Inc.'s system serving   Highland Beach; on Comcast's cable system serving Boca Raton; and on MediaOne's cable system serving   Kings Point, all since 1991 to the present. Carriage of WDZL on Adelphia's system serving Boca Del   Mar, Boca Pointe, Boca West, Hamptons at Boca Raton, Mission Bay and Sandalfoot during 1991 1993   and Boynton Beach, Briney Breezes, Delray Beach, Gulf Stream, Highpoint, Lake Worth, Ocean Ridge,"b@,p(p(88"  S-  and Villages of Oriole during 1991 1995 is shown in the record. 3 {Oh-  J#X\  P6G;P#эSee Petition, Exhibit 1. Although not clear on this record, it appears that separate areas of some communities are served by different cable systems. The record shows no history of   /carriage of WDZL in Aberdeen, Atlantis, Glen Ridge, Greenacres City, Lake Clarke Shores, Lantana,   Manalapan, Palm Beach, Palm Springs, Rainbow Lakes, Royal Palm Beach, South Palm Beach, Sun Valley, Wellington, West Palm Beach and Whisper Walk.  S8-  16.` ` Voluntary carriage of WDZL in Boca Raton, Boca Teeca, Delray Beach, Rainbow Lakes,   the Village of Golf, Highland Beach, and Kings Point, from 1991 to the present demonstrates strong  S-  \interest in WDZL's signal in these communities.!"3 {O -#X\  P6G;P#эSee Panhandle Telecasting Co., 12 FCC Rcd 884, 888 (CSB 1997), for example. Carriage of WDZL in Boca Del Mar, Boca Pointe,   Boca West, Boynton Beach, Briney Breezes, Delray Beach, Gulf Stream, Hamptons at Boca Raton,   yHighpoint, Lake Worth, Mission Bay, Ocean Ridge, Sandalfoot, and Villages of Oriole between 1991 and   1995 is probative evidence of historical interest in WDZL in these communities for purposes of this  SH -  statutory market modification factor."H 3 {O-#X\  P6G;P#эSee KSBW License, Inc. 11 FCC Rcd 2368,2371 (CSB 1996). While discontinuance of carriage in these communities and the   /absence of carriage in the other listed communities at issue may be considered as indicative of lack of   Linterest in WDZL in those communities, it may also be merely reflective of the business decisions of the respective cable operators.  S -  A17.` ` Section 614(h) requires that we consider not only whether cable systems carry the station   that is the subject of the market modification petition, but also whether "other stations located in the same  S0-  area, have been historically carried on the cable system ...."|#0F3 {O-#X\  P6G;P#эSee 47 U.S.C.  534(h)(1)(C)(ii)(I).| The record shows that several Miami area   national network and public broadcast stations are carried in various combinations on cable systems  S-  serving all of the Communities at issue.m$3 {OX-#X\  P6G;P#эSee Petition, Exhibit 1.m We believe such carriage of the Miami area stations is   .indicative of those communities' interest in programming of Miami stations. Additionally, the ability of   other Miami stations to reach cable viewers in communities where WDZL is not carried impacts on the ability of WDZL to compete with those other Miami stations.  S@-  S-   18.` ` The Commission recognized in the Must Carry Order that "to show that the station   provides coverage or other local service to the cable communities, parties may demonstrate that the station   places at least a Grade B contour coverage over the cable community or is located close to the community  S-  in terms of mileage."~%j 3 {O"-#X\  P6G;P#эMust Carry Order, 8 FCC Rcd at 2976-2977.~ Grade B contour coverage is an efficient tool to adjust market boundaries in   situations where the other factors do not provide a clear basis for distinguishing market boundaries by not   revealing whether particular communities within the larger geographic area involved are properly inside   Lor outside of the station's market for purposes of Section 614(h). We have previously stated that Grade   yB coverage may be sufficient to satisfy this factor. Channel 39 also presented a study using the standard   methodology described in Section 73.684. That study establishes the extent of the Grade A and Grade" %,p(p(88["   B coverage of the Communities at issue with respect to WDZL's upgraded facilities placed in operation  S-  kon April 1, 1997.&"3 {O@- x#X\  P6G;P#эSee Channel 39 Petition, Exhibit 2; Channel 39 Reply, Exhibit 1. On Figure 1 of Exhibit 1 to the Reply,  x;WDZL's Grade A and Grade B coverage of the Communities determined pursuant to 47 C.F.R.  73.684 is presented  xalong with coverage determined using the LongleyRice methodology. Figure 1 also depicts the coverage contours in relation to the geographic boundaries of the Communities at issue here. WDZL provides Grade A coverage of the following communities: all of Boca Del   Mar, Boca Pointe, Boca Raton, Boca Teeca, Boca West, Delray Beach, Gulf Stream, Hamptons at Boca   Raton, Highland Beach, High Point, Kings Point, Mission Bay, Sandalfoot Cove, Village of Golf, Villages   zof Oriole, Whisper Walk, and the southern 22% of Boynton Beach, 38.8% of Country Club Trail and  S8-  M46.6% of Sun Valley.'83 {O -#X\  P6G;P#эSee Channel 39 Reply, p. 9, n. 4, and Exhibit 2. WDZL further provides Grade B coverage of the following communities: the   balances of Boynton Beach, Country Club Trail and Sun Valley, all of Aberdeen, Atlantis, Briney Breezes,   Greenacres City, Hypoluxo, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, Ocean Ridge, Palm   Springs, Rainbow Lakes, South Palm Beach, Wellington, and 54.6% of Glen Ridge, 33% of Palm Beach,  S-3.1% of Royal Palm Beach, and 10.9% of West Palm Beach.(D3 {O|-#X\  P6G;P#эSee Channel 39 Reply, p. 9, n. 3, and Exhibit 2.  SH -  19.` ` Channel 39's has also prepared a propagation study using the LongleyRice propagation   model. That study shows WDZL's Grade A signal covering 81.2%, and its Grade B signal covering   94.8%, of Palm Beach County, and thus providing technical coverage of all of the communities at issue  S -  here.) 3 {OF-#d6X@`7|@#э#X\  P6G;P#See Channel 39 Reply, Exhibit 1, Figures 1 & 2.#d6X@`7|@# In determining a station's technical coverage in relation to the second statutory factor in market   modifications cases under Section 614(h)(1)(ii), we have typically relied on television propagation studies   =using the standard methodology established in 47 C.F.R.  73.684. However, we also find the Longely  Rice study to be somewhat probative of WDZL's technical coverage of the Palm Beach County   .communities at issue operating with recently upgraded facilities and accept the likelihood that, given the   kflat terrain involved, the signal of WDZL may extend farther to the north than the traditional analysis   would suggest. Studies of this type have been increasingly used elsewhere in the Commission's processes  S-to reflect signal propagation*h 3 yO- x#X\  P6G;P#эThis propagation model is being used in the digital television station allotment process as well as elsewhere and is described in OET Bulletin No. 69. and thus warrant consideration here.  Sh-  C 20.` ` As noted above, Channel 39 provided information concerning viewing of WDZL in   southern Palm Beach County using audience data from May 1997. The larger numbers for WDZL   viewing are 0.4% of total households for the 78 p.m. Monday through Friday time slot and 2.8% of non S-  cable households for the 1010:30 p.m. Monday through Friday time slot.m+ 3 yOP#-#X\  P6G;P#эPetition, p. 10 and Exhibit 5.m In Channel 33, Inc., we found   that WDZL achieves a share of 1 and a net weekly circulation of 21 in cable homes and a share of 1 and   a net weekly circulation of 24 in noncable homes in southern Palm Beach County. We further found that   zMiami television station WBFSTV achieved a share of 1 and net weekly share 21 in cable homes and  SR-  a share of 2 and a net weekly share of 28 in noncable homes in that market. These findings in Channel  S,-  33, Inc. provided support for the decision to include in WBFSTV's market certain communities located", P +,p(p(88"   in southern Palm Beach County and within WBFSTV's Grade B coverage. On the other hand, the  S-  findings in Channel 33, Inc. and the record here establish virtually no viewing of either WBFSTV or of  S-  >WDZL in northern Palm Beach County.,3 {O-#X\  P6G;P#эSee Channel 33, Inc., 11 FCC Rcd 3579 (CSB 1996). See also Malrite Opposition, Exhibit No. 5. While limited viewership is shown for WDZL, we accord   reduced weight to viewing data garnered from May 1997, a period almost concurrent with the April 1,   1997 commencement of WDZL's operations under upgraded facilities that extended the station's signal  S:-  in portions of Palm Beach County. In any event, the level of WDZL station viewing in southern Palm  S-Beach County is measurable_-Z3 yO -#X\  P6G;P#эPetition, p. 10._ and comparable to that of WBFSTV discussed in Channel 33.  S-  a21.` ` Additionally, Channel 39 recently extended WDZL's signal farther into Palm Beach   County by means of upgraded directional facilities at a new more northerly location in proximity with  St-  other Miami stations whose facilities reach well into Palm Beach County..t3 {O -  #X\  P6G;P#эCompare Petition, Exhibit 2, Figure 1 with Television & Cable Factbook, TV Stations 1997 Edition, at pp. 239249. This facility investment must   be considered as a commitment toward serving the communities at issue. This commitment is made   further evident by the station's recent initiation of two programs directed toward Palm Beach County.   \In this connection, we must give significant weight to the fact that other Miami stations are carried in   various mixes on each of the cable systems providing service in the communities at issue. As indicated   earlier, under Section 614(h) we must consider not only whether the cable system carries the station   .subject to the modification petition, but also whether "other stations located in the same area, have been  S\-  historically carried on the cable system ...."|/\D3 {O@-#X\  P6G;P#эSee 47 U.S.C.  534(h)(1)(C)(ii)(I).| The carriage of the other Miami stations adds substantial   weight, along with that given other identified supporting factors, to our conclusion to include within   WDZL's market those communities within the station's Grade B coverage. The cable systems' carriage   /of Miami stations evidences a strong market nexus between Miami and the cable communities. Such   =carriage of Miami stations and the exclusion of WDZL impacts heavily on the ability of WDZL to reach  S-  viewers in a portion of Palm Beach County that those other Miami stations are able to reach.03 {O -#X\  P6G;P#эSee TWI Cable,Inc., 12 FCC Rcd 13187 (CSB 1997), at  17. Moreover,   the cable system and television station opponents of Channel 39's petition have not demonstrated why WDZL should be treated differently from those other Miami stations.  S-  22.` ` In granting the Commission authority to modify market areas to better effectuate the   purposes of the Section 614, the Congress manifested no intent for us to alter the basic structure of an   ADI market by including its core within another ADI market. Nonetheless, Channel 39 seeks to include   within WDZL's market Palm Beach, West Palm Beach, and Royal Palm Beach, communities that form   a core of the West Palm BeachFt. PierceVero Beach ADI. The record shows that WDZL garners   substantially less viewing in these communities than in communities located in southern Palm Beach   County nearer to WDZL and within its Grade B contour as predicted using the 47 C.F.R. 73.684   .methodology. Even if the more northern communities in question receiver somewhat better service than   jthe 47 C.F.R. 73.684 methodology suggests, the inclusion of these communities within WDZL's market   would, nevertheless, modify the basic nature and competitive relationships within the core of the West" h 0,p(p(88"   MPalm BeachFt. PierceVero Beach ADI and conflict with Congress' objective of carriage of television stations in the economic markets areas they serve.  S-  23.` ` Accordingly, for purposes of determining mandatory signal carriage obligations, we shall   consider the Palm Beach County, Florida communities of Aberdeen, Atlantis, Boca Del Mar, Boca Pointe,   Boca Raton, Boca Teeca, Boca West, Boynton Beach, Briney Breezes, Country Club Trail, Delray Beach,   Glen Ridge, Greenacres City, Gulf Stream, Hamptons at Boca Raton, Highland Beach, High Point,   >Hypoluxo, Kings Point, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, Mission Bay, Ocean   Ridge, Palm Springs, Rainbow Lakes, Sandalfoot Cave, South Palm Beach, Sun Valley, Village of Golf,   Villages of Oriole, Wellington, and Whisper Walk to be part of the market of station WDZL, as well as   within the West Palm BeachFort PierceVero Beach , Florida ADI. Channel 39's request to include the   communities of Palm Beach, Royal Palm Beach, and West Palm Beach within WDZL's market will be denied.  S -1' ORDERING CLAUSES ă  S -  424.` ` For the foregoing reasons, IT IS ORDERED, pursuant to Section 614(h) of the   Communications Act of 1934, as amended, 47 U.S.C. 534(h), and Section 76.59 of the Commission's  S0-  .Rules, 47 C.F.R. 76.59, that the petition for special relief filed on beha lf of Channel 39, Inc. in File No.  S-  zCSR5135A IS GRANTED IN PART , and the television market of television station WDZL IS  S-  -MODIFIED to include the following Palm Beach County, Florida communities: Aberdeen, Atlantis, Boca   Del Mar, Boca Pointe, Boca Raton, Boca Teeca, Boca West, Boynton Beach, Briney Breezes, Country   Club Trail, Delray Beach, Glen Ridge, Greenacres City, Gulf Stream, Hamptons at Boca Raton, Highland   Beach, High Point, Hypoluxo, Kings Point, Lake Clarke Shores, Lake Worth, Lantana, Manalapan,   Mission Bay, Ocean Ridge, Palm Springs, Rainbow Lakes, Sandalfoot Cave, South Palm Beach, Sun Valley, Village of Golf, Villages of Oriole, Wellington, and Whisper Walk  S-  ?25. ` ` IT IS FURTHER ORDERED that the petition IS DENIED IN PART and the television  S-  market of television station WDZL IS NOT MODIFIED with respect to the following Palm Beach County, Florida communities: Palm Beach, Royal Palm Beach, and West Palm Beach.  S(-  _26. ` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules, 47 C.F.R. 0.321. ` ` hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,William H. Johnson  S -` ` hh,Deputy Chief, Cable Services Bureau " 0,p(p(88f!"  S-2 ATTACHMENT 'A' ă  S-G  Palm Beach County, Florida Communities  S- Affected by the Petition of Channel 39, Inc. ă   LChannel 39, Inc. seeks to include the following Palm Beach County, Florida communities within its local   [television market: Aberdeen, Atlantis, Boca Del Mar, Boca Pointe, Boca Raton, Boca Teeca, Boca West,   Boynton Beach, Briney Breezes, Country Club Trail, Delray Beach, Glen Ridge, Greenacres City, Gulf   /Stream, Hamptons at Boca Raton, Highland Beach, High Point, Hypoluxo, Kings Point, Lake Clarke   lShores, Lake Worth, Lantana, Manalapan, Mission Bay, Ocean Ridge, Palm Beach, Palm Springs,   >Rainbow Lakes, Royal Palm Beach, Sandalfoot Cave, South Palm Beach, Sun Valley, Village of Golf,   Villages of Oriole, Wellington, West Palm Beach, and Whisper Walk, which are referred to collectively as "Communities." Channel 39 Petition, p. 12.   >Adelphia provides cable services in the following communities: Atlantis, Boca Del Mar, Boca Pointe   Boca Raton, Boca Teeca, Boca West, Boynton Beach, Briney Breezes, Greenacres City, Gulf Stream,   Hamptons at Boca Raton, High Point, Kings Point, Lake Worth, Lantana, Mission Bay, Ocean Ridge,   .Palm Springs, Rainbow Lakes, Royal Palm Beach, Sandalfoot Cave, Sun Valley, Village of Golf, Villages   of Oriole, Wellington, and West Palm Beach. Not all of these communities are affected by the petition. Channel Petition, Exhibit 1.   Comcast Cablevision of West Palm Beach, Inc. provides cable service in Aberdeen, Boynton Beach, Cloud   .Lake, Country Club Trail, Glen Ridge, Golfview, Haverhill, High Point, Hypoluxo, Jupiter, Lake Clarke   Shores, Lake Worth, Lantana, Manalapan, Mangonia Park, Palm Beach, Palm Springs, Rainbow Lakes,   /Riviera Beach, South Palm Beach, and West Palm Beach. Comcast Cablevision of Boca Raton, Inc. provides cable service to Boca Raton. Comcast Opposition, p. 2, n. 2.   South Florida Cable, Inc. of Highland Beach (formerly known as Adelphia Communications) provides   cable service in Highland Beach. Telemedia Co. of Southwest Florida of Palm Beach County provides cable service in Boynton Beach and Whisper Walk. Channel 39 Petition, Exhibit 1.