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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8: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\2|6KP-K/K1K14"i~'^ %,77\V%%%7>%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~'^"(22TN"""28"2222222222888,\HBBH>8HH"&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""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\"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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNWashington, D.C. 20554 ă In re Petition of:) )  S-Costa de Oro Television, Inc.hhCqCSR5096A) ) For Modification of Market) of Station KSTVTV)  S -   MEMORANDUM OPINION AND ORDER \  S - Adopted: February 20, 1998hhC q ppReleased: February 25, 1998  S -  SX- By the Deputy Chief, Cable Services Bureau:  S-R INTRODUCTION ă  S- 1.` ` Costa de Oro Television, Inc. ("Costa de Oro"), permittee of Station KSTVTV (Channel  d(#57), Ventura, California has filed a petition to add certain communities located in Los Angeles and Orange  S@- d(#mCounties, California to KSTVTV's market for purposes of mandatory carriage of the station.@ yO- d(#-ԍKSTVTV lists the following 46 communities and cable systems in Los Angeles County and 14 communities  d(#and cable systems in Orange County: LOS ANGELES COUNTY: Acton (Acton Cable); Long Beach Naval Base  d(#(Americable International); San Marino (American Cablevision of San Marino); South Pasadena (American  d(#kCablevision of South Pasadena); Sunland (British American Communications); Los Angeles (Buena Vision  d(#<Telecommunications); Long Beach (Cablevision Industries); Sierra Madre (Cablevision of Arcadia/Sierra Madre);  d(#Calabasas Park (CalaVision); Redondo Beach (Century Cable of Southern CA); Los Angeles (Century Southwest  d(#Cable); Alhambra and Pasadena (both Charter Communications); Compton, Los Angeles, Los Angeles Hollywood d(#Wilshire, Los Angeles south central, Los Angeles western, Downey, Wilmington, Carson, Lakewood and Santa  d(#Clarita (all ten served by Continental Cablevision); Palos Verdes Peninsula (Cox Communications); San Fernando  d(#(CVI West Valley); Mountain Meadows (Entertainment Express); Malibu (Falcon Cable TV); Box Canyon, Malibu,  d(#Calabasas, Agoura Hills and Hidden Hills (all five served by Falcon Cablevision); Cerritos (GTE Americast); Artesia  d(#(Insight Cablevision); Bell (Insight Cablevision); Lake Hughes (Lake Hughes Cable TV Service); El Monte (Liberty  d(#-Cable); Glendale and Whittier (both Marcus Cable); Hermosa Beach (MultiVision Cable TV); Torrance (Paragon  d(#<Communications); East San Fernando Valley (TCI of East San Fernando Valley L.P.); Hacienda Heights (TCI of  d(#Los Angeles County); Canyon Country (Time Warner Cable); Pico Rivera (United Cable TV of Los Angeles); and  d(#;West San Fernando Valley, including Canoga Park, Tarzana and Woodland Hills (West Valley Cablevision Industries  d(#Inc.); ORANGE COUNTY: Anaheim (Century Communications); El Toro Estates (Coast Cable Communications);  d(#Buena Park, Santa Ana, Seal Beach and Newport Beach (all four served by Comcast Cablevision); Costa Mesa,  d(#;Tustin and Cypress (all three served by Continental Cable); Irvine and Orange County (both Cox Communications);  d(#Yorba Linda (Jones Intercable); and Orange County and Orange (both Time Warner Communications). We note that  d(#most of the Community Unit Identification Numbers ("CUIDs") provided in Costa de Oro's Petition were incorrect  d(#Kand in some instances it was difficult or impossible to determine which community or cable system Costa de Oro  d(#intended to name. Two communities listed in the Petition, Box Canyon and Mountain Meadows, could not be  d(#xidentified in light of the erroneous CUID numbers and cable systems provided. We cannot make a determination"(,**)"  d(#when it is unclear which community Costa de Oro seeks to add, which cable operator would be affected thereby,  d(#and whether the appropriate cable operator received adequate service of the Petition. We note that several  d(#kOppositions raise the issue of misidentified communities and made an apparent effort to determine which  d(#wcommunities Costa de Oro seeks to include. Although the Petition reserved Costa de Oro's right to offer corrections  d(#<as they came to light during the proceeding, Costa de Oro's Reply made no mention of these errors and made no effort to clarify the confusion.  "@@,**88"  d(#Oppositions were filed by Comcast Cablevision of Seal Beach, Inc., Comcast Cablevision of Santa Ana,  d(#lInc., Comcast Cablevision of Newport Beach, Inc. and Comcast Cablevision of North Orange Inc.  d(#("Comcast Cable Operators" or "Comcast"); by Coxcom, Inc., d/b/a Cox Communications Orange County,  d(#and Cox Communications Palos Verdes ("Cox Cable Operators" or "Cox"); by Time Warner Cable ("TWC  d(#Cable Operators" or "TWC"); by Time Warner EntertainmentAdvance/Newhouse Partnership ("TWEAN  d(#Cable Operators" or "TWEAN"); and by Century Cable of Southern California, Century Southwest Cable  d(#Television, Inc., Multivision Cable TV, Multivision ("Century"); Charter Communications Entertainment  d(#II L.P., Long Beach Acquisition Corp. ("Charter"); Jones Growth Partners II L.P. ("Jones"); Marcus Cable  d(#("Marcus"); MediaOne of Los Angeles, Inc., American Cablesystems of South Central Los Angeles, Inc.,  d(#d/b/a MediaOne, MediaOne of Harbor, Inc., MediaOne of Lakewood, Inc., King Videocable Company,  d(#d/b/a MediaOne, MediaOne of Costa Mesa, Inc., MediaOne of Cypress, Inc. ("MediaOne"); and TCI  d(#Cablevision of California, d/b/a TCI of Los Angeles County, and TCI Cablevision of California, d/b/a TCI  d(#of East San Fernando Valley ("TCI") (collectively "Consolidated Cable Operators"), to which Costa de  S -Oro filed a consolidated Reply.wX @* yO- d(#ԍConsolidated Cable Operators filed a motion for extension of time to file their Opposition, to which Costa de  d(#Oro consented. Costa de Oro subsequently filed a motion for extension of time to file a reply to the Oppositions, to which Comcast and Coxcom did not object. We will accept both late filings.w  S -WM BACKGROUND   SX- \2.` ` Pursuant to 614 of the Communications Act and implementing rules adopted by the  S0- d(#Commission in its Report and Order in MM Docket 92259,J0` * yO0-ԍ8 FCC Rcd 2965, 29762977 (1993). J a commercial television broadcast station  d(#zis entitled to assert mandatory carriage rights on cable systems located within the station's market. A  d(#station's market for this purpose is its "area of dominant influence," or ADI, as defined by the Arbitron  S- d(#audience research organization. * yOJ- d(#ԍ Section 4 of the 1992 Cable Act specifies that a commercial broadcasting station's market shall be determined  d(#in the manner provided in 73.3555(d)(3)(i) of the Commission's Rules, as in effect on May 1, 1991. This section  yO- d(#of the rules, now redesignated 73.3555(e)2)(i) [formerly 73.3555(e)(3)(i)] , refers to Arbitron's ADI for purposes  d(#of the broadcast multiple ownership rules. Section 76.55(e) of the Commission's Rules provides that the ADIs to  d(#be used for purposes of the initial implementation of the mandatory carriage rules are those published in Arbitron's  {O2"-19911992 Television Market Guide. An ADI is a geographic market designation that defines each television  d(#market exclusive of others, based on measured viewing patterns. Essentially, each county in the United  d(#>States is allocated to a market based on which homemarket stations receive a preponderance of total"jj,p(p(88d"  d(#>viewing hours in the County. For purposes of this calculation, both overtheair and cable television  S-viewing are included."* yO@- d(#KԍCertain counties are divided into more than one sampling unit because of the topography involved. Also, in  d(#certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {O- d(#preponderance of the audience in that county. Refer to Arbitron's Description of Methodology handbook for a more complete description of how counties are allocated.  S- ~3.` ` Under the Act, however, the Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) provides that the Commission may:  ~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, the Act provides that:  BXthe Commission shall afford particular attention to the value of localism by taking into account such factors as   X(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(II) whether the television station provides coverage or other local service to such community;   `X(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   pX(IV) evidence of viewing patterns in cable and noncable households within the areas served by the cable system or systems in such community.   Sx-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.  * * * * *  nX[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. "!,p(p(887#"  These factors are not intended to be exclusive, but may be used to demonstrate that a  S-community is part of a particular station's market.^* yO@-ԍH.R. Rep. No. 102628, 102d Cong., 2d Sess. 97 (1992).^   S- 5.` ` The Commission provided guidance in its Report and Order in MM Docket 92259, supra, to aid decision making in these matters, as follows:  ~XFor example, the historical carriage of the station could be illustrated by the submission  S- Qof documents listing the cable system's channel lineup (e.g., rate cards) for a period of  years. To show that the station provides coverage or other local service to the cable  community (factor 2), parties may demonstrate that the station places at least a Grade B  coverage contour over the cable community or is located close to the community in terms  of mileage. Coverage of news or other programming of interest to the community could  obe demonstrated by program logs or other descriptions of local program offerings. The  S - pfinal factor concerns viewing patterns in the cable community in cable and noncable  homes. Audience data clearly provide appropriate evidence about this factor. In this  nregard, we note that surveys such as those used to demonstrate significantly viewed status  Dcould be useful. However, since this factor requires us to evaluate viewing on a  }community basis for cable and noncable homes, and significantly viewed surveys typically  nmeasure viewing only in noncable households, such surveys may need to be supplemented  S-with additional data concerning viewing in cable homes.QX* yO-ԍ8 FCC Rcd at 2977 (emphasis in original).Q   S- 6.` ` In adopting rules to implement this provision, the Commission indicated that requested  d(#changes should be considered on a communitybycommunity basis rather than on a countybycounty  d(#[basis, and that they should be treated as specific to particular stations, rather than applicable in common  SF- d(#.to all stations in the market."F* yO- d(#,ԍ8 FCC Rcd at 2977 n.139. Viewership information cited herein is county data, rather than communityspecific  d(#ydata. However, absent evidence that such data is not fairly reflective of viewing in the actual communities in  {O^- d(#xquestion, we accept such data as probative in cases of this type. See, e.g., RKZ Television, Inc., 8 FCC Rcd 8008, 8010 (1993). The rules further provide, in accordance with the requirements of the Act,  S-that a station not be deleted from carriage during the pendency of an ADI change request.< * yO-ԍ47 C.F.R. 76.59.<  S-  MARKET FACTS AND THE PARTIES' ARGUMENTS   S~- \7.` ` Station KSTVTV is licensed to Ventura, California, which is in Ventura County,  d(#/California. Although Ventura County is in the Los Angeles ADI, KSTVTV is assigned to the Santa  d(#Barbara ADI and has must carry rights in its home county of Ventura, as well as the communities in the  S- d(#.Santa Barbara ADI but not in the Los Angeles ADI. b * {O&- xԍSee In re Complaints of Costa De Oro Television, Inc., 10 FCC Rcd 9468 (CSB 1995), aff'd on  {O&-reconsideration, 12 FCC Rcd   (FCC 97408, released December 17, 1997). The 60 communities that KSTVTV seeks to add" ,p(p(88\"  d(#to its television market are in the Los Angeles ADI. Fortysix communities are in Los Angeles County,  S- d(#which is adjacent to Ventura County, and fourteen are in Orange County,6 X* yO@- d(#ԍTwo communities that the Petition identifies only as "Orange County," referenced as CUID No. CA0015 and  d(#iCUID No. CA0116, appear to have been misnumbered. It is not possible to determine which communities Costa de Oro intended to request.6 which is adjacent to Los  d(#Angeles County on its southeastern border. KSTVTV's transmitter is located on South Mountain near Santa Paula in Ventura County.  S8- 8.` ` In the instant Petition, Costa de Oro contends that the first statutory factor, historic  d(#Mcarriage, is not relevant because the station began operations in 1990 when there were no must carry  d(#rules. Costa de Oro concedes that virtually none of the cable systems have ever carried KSTVTV, but  S- d(#asserts that this should not be dispositive in light of the decision in Maranatha Broadcasting Co. that  d(#stations that have lacked the opportunity to build a historic carriage record for reasons unrelated to the  Sr- d(#\geography of the market should not be preventing from ever obtaining carriage rights.e r* yO -ԍ12 FCC Rcd   (DA 971168, released June 5, 1997).e Costa de Oro  d(#argues that its recently upgraded transmission facilities provide an additional reason to discount the  d(#ystation's lack of historic carriage. Costa de Oro further argues that Nielsen includes KSTVTV in the Los  d(#Angeles Designated Market Area ("DMA") and that once the Commission begins using the DMA  d(#designations for local market determinations in 1999, KSTVTV will have mustcarry rights in all of the  d(#jcable communities covered by its Petition. Costa de Oro states that the Commission has recognized that  d(#the Nielsen DMA market assignments "provide the most accurate method for determining the areas served  SZ- d(#.by local stations,"  Zx* {Or- d(#xԍPetition at 11 quoting from Definition of Markets for Purposes of the Cable Television Mandatory Television  {O<-Broadcast Signal Carriage Rules ("Market Definition Order"), 11 FCC Rcd 6201, 6220 (1996).  and contends that the Commission should rely on KSTVTV's DMA assignment to satisfy the fourth statutory factor, local viewing patterns.  S- 9.` ` To address the second and third statutory factors, Costa de Oro asserts its commitment  d(#jto the bilingual Hispanic audience in the Los Angeles market and notes that it is in the process of moving  S- d(# KSTVTV's studio and offices to Los Angeles.Z* {O-ԍPetition at 11, n. 5 and Reply at 34.Z Costa de Oro states that KSTVTV, which is "100  d(#percent Hispanic owned" provides 11 hours of bilingual programming per week, five and onehalf hours  SB- d(#of which is locally produced.=Bf * {OH-ԍPetition at 12.= Costa de Oro asserts that its bilingual programming containing both  d(#Spanish and English segments in the same program is unique in the area and that KSTVTV also provides  S- d(#educational children's programming for Spanishonly and bilingual children.; * {O"-ԍId. at 1618.; Costa de Oro contends that  d(#this programming is aimed specifically at viewers, particularly Hispanic viewers, in the Los Angeles area,  S- d(#[as exemplified by "Santana Live (En Vivo)," a callin talk show.\ * {O%- d(#ԍPetition at 13, which includes a list of 22 episodes of "Santana Live!" broadcast between May 6 and August  d(#\15, 1997 evidencing topics including Elections in Mexico, Immigrants' Rights in California, and Hispanic  {O^'-employment opportunities in the Hollywood entertainment industry. Id. at 1314. Costa de Oro points to other regularly",p(p(88"  d(#scheduled, locally produced public affairs and sports programs said to be related to activities in Los  d(#Angeles and Orange County as further evidence of KSTVTV's local service to the communities it seeks to add.  S`-   10.` ` Costa de Oro provides a coverage map for the station that depicts the predicted Grade B  d(#contour after completion of the transmitting facility from which KSTVTV began broadcasting in July,  S- d(#1997.* {Ox-ԍPetition at Exhibit 3, verified as consistent with the contour map in the station's official file. Costa de Oro notes that KSTVTV is a more powerful station, now at 5 Megawatts, than the  d(#ystation considered in the previous mustcarry proceedings. Costa de Oro asserts that all of the requested  d(#cable systems in Los Angeles County are served in whole or in part by KSTVTV's overtheair signal  d(#and that those Orange County systems outside the predicted Grade B contour are "just a few miles  Sp- d(#zoutside."8pZ* {Oj -ԍId. at 19.8 Costa de Oro notes that the Commission recently relied on Grade B contour coverage as a  SH - d(#"sound indicator of the economic reach" of a station's signal^H * {O- d(#ԍId. at 20 citing Comcast Cablevision of Monmouth Counties, 11 FCC Rcd 6426, aff'd sub nom. Market  {O- d(#Modifications and the New York Area of Dominant Influence, 1997 WL 458307, FCC 97285 at  17 (released  {Oh-August 13, 1997) (pending appeal in the Second Circuit) ("New York ADI Order"). and asserts that the distance from the  d(#>station's transmitting tower, 70 miles or less from all the cable systems it seeks to include, is another indication of its connection to the Los Angeles market.  S - 2 11.` ` TWC's Los Angeles Division operates cable systems in six of the communities that Costa  S - d(#de Oro seeks to include in its marketyz * yO2- d(#ԍTWC notes that Costa de Oro misstated the names of the cable systems in the six communities served by the  d(#Los Angeles Division of TWC, as follows: San Marino is TCI Cablevision of California, Inc., not American  d(#iCablevision of San Marino; South Pasadena is Long Beach Acquisition Corp., not American Cablevision of South  d(#Pasadena; San Fernando is Marcus Cable Associates, LP, not CVI West Valley; Torrance is Cox Cable Santa  d(#Barbara, Inc., not Paragon Communications; Canyon Country is TCI Cablevision of California, Inc., not Time  d(#wWarner Cable; and West San Fernando Valley is Westar Communication, III, not West Valley Cablevision Industries,  {O-Inc. See TWC Opposition at Attachment 2 and Petition at 35.y and opposes the Petition on the bases of lack of historic carriage,  d(#kgeographical distance, and lack of measurable audience. TWC argues that KSTVTV's lack of historic  d(#carriage is significant because it demonstrates that the station lacks programming appeal to the Los  d(#<Angeles market that would have prompted the cable systems to carry the station voluntarily. TWC further  d(#notes that the station has been broadcasting for a period of some time and still lacks a measurable viewing  S- d(#audience in the Los Angles market and that the station is not listed in the Los Angeles Times or the Los  S- d(#[Angeles edition of TV Guide.DT * {O!-ԍTWC Opposition at 45.D TWC disputes Costa de Oro's contention that KSTVTV's assignment to  d(#=the Los Angeles DMA is dispositive. TWC contends that the Commission's analysis is similar whether  d(#jKSTVTV is seeking to add the cable communities to its ADI or the cable systems are seeking to exclude  d(#ktheir communities from KSTVTV's market. In either case, TWC asserts, "KSTV is not a local signal  d(#]for the TWC Communities and its carriage by Time Warner Cable would not enhance the value of  S- d(#=localism that underlies the mandatory carriage rules."7* {OR'-ԍId. at 6.7 TWC asserts that KSTVTV is not a local signal"x,p(p(88"  S- d(#because its communities are 40 to 65 miles from Ventura$* {Oh-  ԍTWC cites Greater Worcester Cablevision Inc., 12 FCC Rcd 17347 (DA 972221, released October 21, 1997),  {O2-  AR Cable Services, Inc., 11 FCC Rcd 21080 (1996) and Time Warner Cable, 11 FCC Rcd 13149 (1996) as support   for deleting communities 3861 miles from the station's city of license. (We note that in each of these cases, the communities were not within the station's predicted Grade B contour.) and both terrain and the city of Los Angeles  S- d(#yseparate Ventura from the TWC cable communities. * {O,- xԍCiting TKR Cable Company, 12 FCC Rcd 8414 (DA 971338, released June 26, 1997) ("The interposition of  {O-New York City . . . must be reflected in our decision.") Id. slip op. at  17.  TWC acknowledges that its six cable communities  d(#yfall within KSTVTV's predicted Grade B contour but speculates that KSTVTV's signal strength will be  d(#insufficient at the cable systems' headends. TWC disputes Costa de Oro's contention that it provides  d(#locally oriented programming and asserts that "Santana Live!" offers subjects of general interest to  d(#Hispanic viewers but not directly relevant to residents of Los Angeles. TWC also notes that each of its  d(#[systems currently carries the "Inside Los Angeles Arts & Entertainment News" program that KSTVTV  d(#carries and offers as evidence of its local interest programming. TWC further notes that three stations  d(#kcurrently carried by its cable systems offer Spanish or bilingual programming and provide local news.  d(#?TWC argues that, therefore, adding KSTVTV would not augment local programming options for subscribers in the TWC communities.  S -  12.` ` TWEAN, which is also operated by TWC's Los Angeles Division, filed a separate  d(#yOpposition with respect to cable systems serving the City of Orange and certain unincorporated areas of  S - d(#=Orange County. * yO- d(#;ԍTWEAN notes that Costa de Oro misidentified the name, CUID No., and cable operator for the systems Costa  {OH-de Oro apparently sought to add. TWEAN Opposition at n. 2. TWEAN also makes the general arguments made by TWC and asserts further that its  d(#communities are 7580 miles from Ventura, outside KSTVTV's predicted Grade B contour, and separated  d(#from Ventura by several mountain ranges and the City of Los Angeles. TWEAN notes that KSTVTV  SX-is not included in the television listings in the Orange County Register.  S -  13.` ` CoxCom and Comcast also filed separate Oppositions to the Petition that raised similar  d(#arguments. CoxCom filed with respect to its cable systems serving communities in and near Palos Verdes  S- d(#in Los Angeles County`j * yO- d(#ԍCoxCom lists eight communities in the Palos Verdes area, but none of these communities appear in identical  {O- d(#form on Costa de Oro's list of communities. (Compare CoxCom Opposition at n. 3 with Petition at 35.) However,  d(#JCosta de Oro lists Palos Verdes Peninsula as served by Cox Communications, and CoxCom lists Palos Verdes Estates  d(#as one of the communities it serves. Therefore, we will presume that both Costa de Oro and CoxCom intend to refer to Palos Verdes Estates. ` and serving southern Orange County.D* yOv!- d(#ԍCoxCom expresses confusion over which of its cable communities are sought in Orange County. The Petition  yO>"- d(#Jlists two communities in Orange County allegedly served by Cox: Irvine and Orange County (listed as CUID Number  d(#CA0015). CoxCom notes that it is unable to determine which community is meant by the latter reference. However,  d(#CoxCom acknowledges that, in addition to Irvine, it serves the following Orange County communities listed, albeit  d(#wmisidentified, by Costa de Oro: Newport Beach, Tustin, El Toro, and City of Orange, and that its Opposition applies  d(#to these communities. (CoxCom also lists 21 other Orange County communities that are not included by name or  {O&&- d(#hCUID in Costa de Oro's list and, therefore, are not the subject of this Petition.) See CoxCom Opposition at n. 4 and  {O&-Petition at 56. Comcast specifically opposes Costa de"(,p(p(88"  d(#Oro's request to add the communities of Buena Park, Santa Ana, Seal Beach, and Newport Beach to  S- d(#KSTVTV's market.L* {O@-ԍComcast Opposition at 2, n. 3.L CoxCom asserts that its communities are 62 to 90 miles from Ventura and an  d(#average of more than 54 to 90 miles from KSTVTV's transmitter, which is at the opposite end of the Los  d(#[Angeles market, that there is no history of carriage, and that the Orange County communities are outside  d(#KSTVTV's predicted Grade B contour. Comcast similarly asserts that KSTVTV has no historic carriage  d(#on it systems, despite seven years of broadcasting. Comcast states that its communities are 66 to 91 miles  d(#\from KSTVTV's city of license, 66 to 79 miles from its transmitter, and at the very fringe of KSTV S- d(#TV's predicted Grade B contour"Z* yO - d(#ԍComcast provides the following mileage from each of its communities: Seal Beach 78.1 miles from Ventura,  d(#Y66.6 miles from the transmitter; Buena Park 79.8 miles from Ventura, 66.7 miles from the transmitter, Santa Ana  d(#ԩ 89.7 miles from Ventura, 77 miles from the transmitter; and Newport Beach 91.1 miles from Ventura and 79.7  {O: -miles from the transmitter. Comcast Opposition at 7, n. 12. and argues that such distance, especially in light of the presence of Los  d(#|Angeles between Ventura and the Comcast communities, has been the basis for excluding cable  S- d(#communities from a station's market for mustcarry purposes.^D* {O|- d(#ԍId. citing AR Cable Services, Inc., supra; Cablevision of Cleveland, L.P., 11 FCC Rcd 18034 (1996);   {OF- d(#Continental Cablevision of Western New England, Inc., 11 FCC Rcd 6488 (1996); and Comcast Cablevision of  {O-Monmouth County, 11 FCC Rcd 6426 (1996).  CoxCom and Comcast, like TWC and  d(#TWEAN, state that their systems carry three stations that provide news, sports and entertainment  d(#programming targeted to the Hispanic population. In response to Costa de Oro's assertion that the Palos  d(#=Verdes communities are within KSTVTV's predicted Grade B contour, CoxCom states that it measured  d(#KSTVTV's signal strength at its Palos Verdes system's headend and found that the signal was not strong  S - d(#[enough to be measured,  j * {O- d(#JԍCoxCom Opposition at 8, n. 16 and Exhibit 1. CoxCom states that it placed the antenna 25 feet above ground level, rotated for maximum reception, at its San Pedro offair site, 58.72 miles from the KSTVTV transmitter. and argues therefrom that the predicted Grade B contour should be discounted.  d(#Comcast, likewise, contends that it performed signal tests in October, 1997 at each of its headend locations  S -and detected no signal for KSTVTV.H! * {O-ԍComcast Opposition at 78.H  S0- 3 14.` ` CoxCom and Comcast also assert that KSTVTV's Spanish and bilingual programming  d(#=may be of interest to Hispanic viewers in general but is not specifically targeted to the Hispanic viewers  S- d(#[in their communities,x"V * {O-ԍCiting KBL Cable Systems of the Southwest, 11 FCC Rcd 14524, 14532 (1996).x and note that only 3.3% of the station's weekly programming is locallyproduced  d(#bilingual programming. CoxCom further argues that KSTVTV does not offer programming targeted to  d(#viewers in its Palos Verdes communities and notes that these communities would logically be excluded  d(#from the station's market due to the small Hispanic population (4.5% in contrast to 42.6% for Los Angeles  S@- d(#County as a whole).L#@* {O$-ԍCoxCom Opposition at 9, n. 18.L CoxCom also notes that one local program upon which KSTVTV relies, Inside  S- d(#Los Angeles Arts & Entertainment News, is available on another station carried by its Palos Verdes and  d(#.Orange County systems, thus duplicating programming already offered. CoxCom and Comcast contend  S- d(#jthat KSTVTV's only unique locallyproduced program, Santana Live, often focuses on issues of general"z#,p(p(88$"  d(#.interest to some Hispanic viewers but not of specific interest to viewers in their communities. CoxCom  d(#.notes that its cable systems in the relevant communities carry 19 broadcast stations, 3 of which provide  S- d(#=Spanish or bilingual programming and garner high ratings.$* yO- d(#ԍCoxCom states that KMEX had a cume rating of 17.8, KVEA had a cume of 13.2, and KWHY had 11.9 in  {O-the Los Angeles DMA in July 1997 compared to no cume for KSTVTV. CoxCom Opposition at 13, n. 32. Moreover, CoxCom states that two of these  d(#three stations provide daily local news in Spanish and contends that KSTVTV does not provide local  d(#news or traffic for either the Hispanic or nonHispanic audience. Comcast also argues that its cable  d(#jsystems carry three stations that provide Spanish or bilingual programming, including local newscasts, in  d(#addition to the satellite Spanishlanguage cable network, Galavision. Comcast also notes that these stations  d(#have closer ties to the Los Angles market and higher ratings than KSTVTV, which has no measurable  d(#ratings. Finally, CoxCom and Comcast note that KSTVTV has no measurable audience in their  d(#communities and argue that assignment to the Los Angeles DMA is but one indication of local service  Sp-and does not alone support modification of the station's ADI.i%p"* {O2 -ԍCoxCom Opposition at 16 and Comcast Opposition at 14.i  S - 15.` ` Consolidated Cable Operators$&x * yOt- d(#ԍThe specified Consolidated Operators operate cable systems in the following communities that Costa de Oro  d(#[seeks to add to its market: CENTURY: Redondo Beach; the communities of Eaglerock, Sherman Oaks, West  d(#Hollywood and Santa Monica in Los Angeles; Anaheim, and Hermosa Beach; CHARTER: Alhambra, Pasadena,  yO- d(#xand Long Beach; JONES: Yorba Linda; MARCUS: Glendale and Whittier; MEDIAONE: Compton, Los Angeles  d(#Z(including HollywoodWilshire and the southcentral and western portions of the city), Downey, Carson, Tustin,  d(#Wilmington, Lakewood, Santa Clarita, Costa Mesa, and Cypress; TCI: East San Fernando Valley and Hacienda Heights.$ voice many of the same arguments raised in the other  d(#Oppositions to the Petition. They, too, note that KSTVTV's lack of historic carriage is significant  d(#because no one prevented the cable systems from carrying the station had the systems believed that the  d(#[station's programming targeted the local communities. Consolidated Cable Operators also note that their  d(#systems in Orange County are beyond KSTVTV's predicted Grade B contour and assert that KSTVTV  SX- d(#0does not provide a good quality signal to the cable systems' headends.'X * {O- d(#-ԍConsolidated Operators' Opposition at 34 and Exhibit 2, which contains signal strength tests conducted in October 1997. The Consolidated Cable  d(#Operators further argue that lack of signal quality at the headends suggest that overtheair reception of  d(#KSTVTV's signal in individual homes in the community is also likely to be inadequate. Consolidated  S- d(#Cable Operators also state that their communities average 70 miles from Ventura(N * {O- d(#wԍId. at 4 and Exhibit 3, which show that the communities range in distance from Ventura from 43.5 miles (Santa Clarita and East San Fernando) to 91.6 miles (Costa Mesa and Tustin). and note that these  S- d(#distances are greater than those used to exclude stations in mustcarry cases.:)\* {O#- d(#>ԍId. at 4 citing Time Warner Cable, AR Cable Services, Cablevision of Cleveland and V Cable, d/b/a  {O#- d(#Cablevision of Ohio, 11 FCC Rcd 18034 (1996); and Greater Philadelphia Cablevision, Inc., 10 FCC Rcd 8788 (1995).: They contend that KSTV d(#TV's programming consists primarily of syndicated programming and reruns and has no specific relevance  d(# to their communities. They argue further that the station's Hispanic programming may be of general"h ),p(p(88"  S- d(#interest but does not provide coverage of local matters** {Oh- d(#YԍConsolidated Operators Opposition at 5 citing Dynamic Cablevision of Florida, supra, and KBL Cable Systems  {O2-of the Southwest, 11 FCC Rcd 14524 (1996). and is not unique. Consolidated Cable Operators  d(#assert that their cable systems currently carry three stations that provide Spanish and bilingual  d(#programming, including local news, and which have significant audiences in the Los Angeles County  d(#xcommunities. They contrast these stations with KSTVTV, which, they assert, does not provide local news  S`-and has no appreciable audience.+`$* yO$- d(#ԍSome of the Consolidated Cable systems also carry GEMS, an international channel and Galavision, a 24hour  {O-spanish language cable network.  Consolidated Operators' Opposition at 78.  S-  16.` ` In its Reply to the Oppositions, Costa de Oro argues that in previous decisions, no station  d(#jhas been denied carriage when it is adjacent to the core of the market, places a predicted Grade B contour  d(#over the systems and provides local programming. Costa de Oro further asserts that the cases cited as  d(#support in each of the Oppositions are inapposite here because they each lack one of these critical factors,  d(#all of which KSTVTV meets. Costa de Oro notes that the cases cited involved distances well in excess  SH - d(#of 120 miles, in contrast to KSTVTV's proximity to the communities it seeks to add.E,(H ~* {Of- d(#hԍCosta de Oro Reply at 3 noting that Dynamic Cablevision of Florida Ltd., supra, allowed exclusion of a station  {O0- d(#in Key West, FL that was 124 miles from the cable systems in Broward County; KBL Cable Systems of the  {O- d(#Southwest, supra, allowed exclusion where the station and cable systems were 130 miles apart; and TCI Cablevision  {O-of Colorado, supra, allowed exclusion where the station and cable system were 158 miles apart.E Costa de Oro  d(#kargues that its transmitter is 24 miles from the nearest Los Angeles community it seeks to add and 75  d(#miles from the nearest Orange County community and reiterates that it is in the process of moving its  d(#studio to Los Angeles. Costa de Oro emphasizes that, in contrast to many of the cases cited in the  d(#MOppositions, the communities it seeks to add are not in a different state, and most are in the adjacent  d(#county and within the station's predicted Grade B contour. It further argues that residents of Ventura  d(#[drive to Los Angeles and Orange Counties to work and shop. Costa de Oro disputes the contention that  d(#signal quality at the headend is relevant to a market modification proceeding and contends that, ". . . the  d(#predicted Grade B contour is important as defining the market to which a station normally looks for  d(#revenue, and nothing more. Once KSTV is successful in obtaining mustcarry rights on these systems,  d(#KSTV will be obligated to provide a signal in conformance with FCC standards to the headends in order  S- d(#to obtain carriage."=-n * {O-ԍId. at 5.= Costa de Oro asserts that KSTVTV's predicted Grade B contour describes the area  d(#that the Commission has licensed it to serve, and its "mustcarry zone" must be modified to match that area.  S- 17.` ` Costa de Oro also disputes the contention in the Opposition that KSTVTV does not  d(#provide local programming. It distinguishes the cases cited in the Oppositions as representing instances  d(#{where the station in question provided programming of general interest. KSTVTV, Costa de Oro  d(#contends, produces "substantial local public affairs programming, much of it in prime time, which focuses  d(#>on Los Angeles and Orange county residents." Costa de Oro distinguishes its programming from the  d(# general interest Hispanic programming cited in the Oppositions by noting that in the cases cited, the" -,p(p(88{"  d(#station in question provided programming from a network feed, rather than locally produced  S- d(#programming..L* {Oh- d(#hԍId. at 8 citing TCI Cablevision of Colorado, supra; KBL Cable Systems of the Southwest, supra; and Dynamic  {O2- d(#-Cablevision, supra, as examples of cases in which programming of general interest to the Hispanic audience was  d(#xfound not to constitute local programming but drawing the distinction that these cases involved network feeds of Hispanic programs and not locally produced programs. Costa de Oro asserts that KSTVTV is Hispanicowned and produces primetime, live  d(#yprograms discussing issues of importance to the Hispanic community. It further asserts that discussions  S- d(#of MexicoUS relations are not merely "general interest" but of key concern to local residents./* {O- d(#,ԍId. at 8. Costa de Oro argues that these discussions are relevant to immigration policy and employment in the local entertainment industry, both of which are important to local residents. Costa  d(#de Oro further emphasizes that KSTVTV should receive substantial credit in consideration of its Petition  d(#for "Inside Los Angeles Arts & Entertainment News" even though it is aired on other stations that are  d(#carried by the cable systems in question. Costa de Oro states that the program is produced by KSTVTV  d(#and provides information about local entertainment venues in prime time. It contends that KSTVTV's  d(#involvement with this program "directly demonstrates its ties to the communities served by the  S- d(#Opposers."806* {On-ԍId. at 10.8 Moreover, Costa de Oro argues that when a station is seeking to be included in a market,  d(#whether the cable systems carry other stations with comparable programming is irrelevant because this is  SH - d(#La factor used to enhance arguments for deletion rather than to determine whether addition is warranted.g1(H * {O- d(#wԍId. at 11 citing Cablevision of Cleveland and V Cable, supra at 1804041 and Dynamic Cablevision of Florida,  {Oz- d(#<Ltd. supra at 9889. Costa de Oro argues further that even in deletion cases, the Bureau has often found that the  {OD- d(#presence of other local programming was not grounds for excluding stations from carriage. Id. at n. 27 citing, e.g.,  {O-Paragon Cable, 10 FCC Rcd 9462, 9466 (1995) and Community Cablevision Company, 10 FCC Rcd 3274 (1995).g  d(#Costa de Oro further asserts that the cable systems' carriage of two fulltime and one part time Spanish  d(#language station plus one Spanish language cable network still represents less than ten percent of the cable  d(#channels to serve the 43 percent of the Los Angeles County population that is Hispanic. Costa de Oro  d(#further emphasizes the importance of its bilingual programming for Hispanic viewers who want programming in both languages and of relevance to their heritage.  S0-  o18.` ` Costa de Oro also contends that historic carriage is meaningless where, as here, the lack  d(#of carriage is relevant to the cable systems' judgments on the value of the station's programming rather  S- d(#than the fact of its location in the market.2 * {O8- d(#ԍCosta de Oro Reply at 14 citing Kansas City Cable, 10 FCC Rcd 3807, 3809 (1995) and Time Warner Cable,  {O-Avenal, 11 FCC Rcd 8047, 8054 (1996). Similarly, Costa de Oro argues that the lack of audience  d(#ratings is of little relevance to consideration of specialty stations that provide programming to underserved  d(#=audiences, such as the bilingual Hispanics here targeted. Costa de Oro further notes that its historic lack  d(#/of ratings was attributable to lack of cable carriage plus a weak overtheair signal and asserts that its  d(#!recent increase in power output to five megawatts has expanded its coverage and will result in an  d(#yincreased audience reported by Nielsen. Finally, Costa de Oro reiterates the significance of its placement  d(#?in the Los Angeles DMA and argues that the Commission acknowledged the usefulness of DMA  S-designations in market modification determinations.3* {O|&- d(#ZԍCosta de Oro Reply at 16 citing Market Definition Order, supra at 6223 and Panhandle Telecasting Co., 12 FCC Rcd 884, 889 (1997)." n3,p(p(88"Ԍ S-ԙ1W ANALYSIS AND DECISION   S-  \19.` ` Based on our analysis of the record relating to the four statutory and other relevant factors, we will grant in part and deny in part KSTVTV's petition.  S8- A. Historic Signal Carriage  S-  20.` ` Statutory factor one is "whether the station, or other stations located in the same area, have  d(#been historically carried on the cable system or systems within such community." There is no evidence  d(#in this proceeding that KSTVTV has ever been carried on any cable system in any of the communities  d(#kinvolved in this proceeding or in any adjoining or nearby communities. There is also no evidence that  d(#any other station licensed in the same general area as KSTVTV, such as KADYTV which operates from  d(#the same transmitter site and has been on the air since 1985, has ever been carried on any cable system  d(#?in any of the communities involved in this proceeding or in any adjoining or nearby communities.  d(#However, although KSTVTV has been in operation since 1990, it only began broadcasting with its current more powerful facilities in July of 1997.  SX- B. Station Coverage of Communities  S- Q21.` ` Statutory factor two is "whether the television station provides coverage or other local  d(#Lservice to such community." This factor incorporates both technical service and programming service as  d(#well as geography (mileage and topographical features). With regard to technical service, the Commission  S- d(#has stated in its Report and Order in MM Docket 92259 that "to show that the station provides coverage  d(#Lor other local service to the cable communities, parties may demonstrate that the station places at least a  SB-Grade B coverage contour over the cable community, or is located close in term of mileage."?4B* yO-ԍ8 FCC Rcd at 29762977.?  S-  22.` ` KSTVTV has submitted a coverage map that includes the predicted city grade, Grade A,  d(#and Grade B contours of the new facilities from which it is now operating to demonstrate that it provides  d(#coverage to the communities in question. Its predicted Grade B contour covers all of the communities  d(#involved that are in Los Angeles County except Hacienda Heights and none of the communities in Orange  d(#County. The Cable Operator Oppositions include information that is intended to demonstrate that,  d(#Lnotwithstanding the predicted service, the station fails to actually provide service that can be acceptably  d(#kreceived overtheair in the communities. Measurements were taken at a number of close in and more  d(#Ldistant headend locations. At many of these locations the measurements were taken at heights far above  d(#ywhere an ordinary consumer antenna would typically be located (including, for example, antennas at 180,  S- d(#60, or 55 feet).b5X* {O!-ԍSee Consolidated Operators' Opposition at Exhibit 2.b The KSTVTV signal was found in most situations to be absent, undetectable, or at a  Sb- d(#strength below that defined as acceptable.E6b* {O#-ԍId. at 4 and Exhibit 2.E KSTVTV responded only that it "has also undertaken  d(#preliminary measurement[s] and found that, at least as to the closer Los Angeles systems, the signal level  S -is well above the requisite for carriage."M7 |* {O.'-ԍCosta de Oro Reply at 5, n. 13.M " 7,p(p(88!"Ԍ S- ԙ23.` ` KSTVTV asserts further that its programming satisfies the second statutory factor because  d(#it provides local programming service to the communities it seeks to add. The Cable Operators  d(#acknowledge that KSTVTV provides programming of interest to Hispanic viewers but argue that it is only  S- d(#of general interest and not specifically aimed at the viewers in their communities. We note that it is not  d(#possible to ascertain from the materials presented that, for example, "Santana Live," which is put forward  d(#Las exemplifying the programming service provided by KSTVTV, reflects service specifically directed to  d(#the cable communities in question. The programs in question are described as covering matters such as  d(#y"Discussion of latest Mexican elections with emphasis on Chiapas uprising," "Working of the US Justice  d(#ksystem in relation to various economic and racial groups in Southern California," and "Alternatives to  d(#/classical medicine natural medicine practices and prevention." KSTVTV argues strongly that these  Sp- d(#programs "address the issues of importance to the Hispanic community."F8p* {O -ԍCosta de Oro Reply at 8.F While that is not disputed, it  d(#does not link KSTVTV specifically to the cable communities since the described target audience is  d(#Hispanic viewers not specifically Los Angeles Hispanic viewers. Moreover, the fact that the identical  d(#lprograms are broadcast on other outlets in the market suggests, because broadcast programming is  d(#generally sold on an exclusive basis, that, for program purchase and sales purposes, two separate markets exist.  SX- 24.` ` Geographic proximity or distance is also a factor that is weighed in market modification  d(#proceedings. The communities in question here are, according to KSTVTV, between 24 and 75 miles  d(#!from its transmitter site. However, it provides no listing of the distances in terms of the specific  S- d(#kcommunities involved.'9XZ* yO- d(#/ԍMileage data is provided in a number of the oppositions but the measurements are from KSTVTV's  d(#community of license rather than from its transmitter site. The transmitter site is closer to Los Angeles than Ventura itself.' Moreover, KSTVTV does not dispute the opposition statement that "Los  d(#Angeles is physically separated from Ventura County by the Santa Monica Mountains, Simi Hills and  d(#\Santa Susana Mountains that extend north and west from the California coastline and setoff Ventura  Sh-County from Los Angeles County."B:hz* {O-ԍTWC Opposition at 2.B  S@-  v C. Coverage of News, Sporting Events, or Other Events of Interest by Other Stations Entitled to Carriage  S-  S-  25.` ` Statutory factor three is "whether any other television station that is eligible to be carried  d(#zby a cable system in such community in fulfillment of the requirements of this section provides news  d(#coverage of issues of concern to such community or provides carriage or coverage of sporting and other  d(#events of interest to the community." It is argued in opposition, that cable systems in the relevant  d(#communities carry as many as 19 broadcast stations licensed to closer communities than KSTVTV, three  S- d(#zof which provide Spanish or bilingual programming.; * yO$- d(#ԍCoxCom states that KMEX had a cume rating of 17.8, KVEA had a cume of 13.2, and KWHY had 11.9 in  {OL%-the Los Angeles DMA in July 1997 compared to no cume for KSTVTV. CoxCom Opposition at 13, n. 32. Two of these three stations are said to provide  S- d(#daily local news in Spanish. We note that in modification cases such as this, in which a station seeks to  d(#add communities, the fact that the cable system carries other stations that provide similar programming" f ;,p(p(88"  d(#or address similar local needs is not reason alone to deny modification. Rather, this third factor is relevant  d(#\to enhance a station's argument for carriage when it can be shown that there are no other stations that  d(#Lserve the community in question. We also note that it is inappropriate for us to consider the content of  d(#.the programming to determine whether these Los Angeles County communities have "enough" Hispanic  d(#programming in light of the demographics that show that over 40% of the Los Angeles County population is Hispanic.  S- D. Station Audience in Communities Served by Cable System  S- o26.` ` Statutory factor four is "evidence of viewing patterns in cable and noncable households  d(#within the areas served by the cable system or systems in such community." There is no evidence that  d(#KSTVTV has any audience either in cable or noncable households within any of the cable communities  d(#in question. Nielsen data from July of 1997 reveal 82 broadcast stations or cable programming services  d(#with audience in the Los Angeles market but KSTVTV is not included on this list. However, Nielsen  d(# data also fail to reflect any KSTVTV audience in Ventura County which is its home county and the location of its transmitter.  SX- E. Other Considerations  S-  27.` ` The factors specified in Section 614(h) do not purport to be exclusive and thus other  d(#evidence may be considered that is helpful in defining the scope of the markets of the stations involved.  d(#One such additional factor involves whether local newspaper or other listings of station programming that  d(#have circulation in the cable communities include the programming of the stations in question. It is not  d(#contended by KSTVTV that such program listings are included in program listings directed toward the  d(#cable community populations in question. In opposition, it is affirmatively stated that such listing are not  S-included in the Los Angeles Times, the Los Angeles edition of TV Guide or the Orange County Register.  S- F. Summary  Sz-  28.` ` With respect to the cable communities that are outside of the predicted Grade B service  d(#area of KSTVTV, no significant evidence has been presented that suggests that KSTVTV is in any sense  d(#[local or that it is in the same market as these cable communities such that extension of its existing market  d(#ywould "better effectuate the purposes" of Section 614. None of the statutory factors have been met and such other evidence as is available tends to weigh against grant of the request.  S-  }29.` ` With respect to the remaining communities, the issue is more difficult. First, as KSTVTV  d(#itself indicates, the cable communities involved are "in the heart of the Los Angeles television market, not  S:- d(#on the fringe."<<:* {O!-ԍPetition at 6.< In the usual case this would weigh against rather than in favor of the petition. The  d(#Nmandatory carriage rules are based on a series of discrete markets. While the Commission has the  d(#authority under Section 614(h) to make changes with respect to particular stations and communities, where  d(#La station from one market is proposing to obtain mandatory carriage rights in the core of another market,  d(#an extra measure of caution is required to avoid changing the fundamental proposition that markets are""Z<,p(p(88$"  S- d(#ydiscrete and nonoverlapping.=* {Oh- d(#ԍSee e.g., Channel 39, Inc., DA 98317 (CSB February 17, 1998) (Carriage of station from Miami market into the Palm Beach market; CSR 5130A at  22). Here, however, as is reflected in earlier decisions relating to KSTVTV,A>"* {O-ԍSee supra, note 10.A  d(#Lthere is ambiguity as to which market KSTVTV is properly assigned; Arbitron having assigned it to the  d(#Santa Barbara market and Nielsen having assigned it to the Los Angeles market. Moreover, there is  d(#another station transmitting from the same antenna site which has not joined in this request and which  d(#Lappears to accept Santa Barbara as its market. Although the rules at this time make use of the Arbitron d(#defined ADI markets, a transition to Nielsendefined DMA markets is in process and the Commission has  d(#stated that: "information regarding DMAs could be useful in deciding individual [Section 614(h)] cases"  d(#and has invited petitioners to "include information regarding the DMA assignment" in market modification  S- d(#petitions.?* {O - d(#iԍDefinition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage  {O -Rules ("Market Definition Order"), 11 FCC Rcd 6201 para. 46 (1996). Thus, this concern with respect to service from one market into another's core, has less significance here than it might in other cases.  SH - 30.` ` The second difficulty involved is related to the presence of the Santa Monica Mountains,  d(#jSimi Hills and Santa Susana Mountains between Ventura and the cable communities and between KSTV d(#TV's transmitter and the cable communities. In a proceeding of this type, where an effort is being made  d(#jto include additional communities within the market of a station, the burden is on the requesting party to  d(#provide evidence supporting the change. KSTVTV has attempted to demonstrate local coverage through  d(#.a prediction of its contour. The cable operators have generally sought to rebut this prediction of service  d(#with information as to actual service at their headends. Although the information provided is typically  d(#of poor quality, it cannot be entirely discounted. The Grade B service prediction process presumes an  d(#antenna 30 feet above ground level. The absence of any usable signal at the higher points where  d(#=measurements were taken at cable system headends strongly suggests that reception may be difficult for  S- d(#jindividual viewers in the community.@"* yOh- d(#ԍThe magnitude of KSTVTV's coverage deficit in the Los Angeles market is reflected in the Commission's  {O0- d(#Sixth Report and Order in Docket 87268, 1997 WL 197153, appendix B (1997)(advanced television channel  d(#,allotment proceeding) which shows KSTVTV with a population of 1,548,000 within its current service area (Grade B) as compared to 12,096,000 for the Los Angeles station with the least population in its service area.  Moreover, the operator's data is largely unrebutted, with KSTV S- d(#TV stating only that it "has also undertaken preliminary measurement[s] and found that, at least as to the  Sj- d(#\closer Los Angeles systems, the signal level is well above the requisite for carriage."(emphasis added).  d(#Thus, KSTVTV has implicitly conceded that its signal level is below the requisite for carriage at least  d(#in some undisclosed number of the communities where it is seeking to demonstrate local coverage. The  d(#Commission has stated, in a somewhat different context, that Grade B contour coverage, in the absence  d(#\of other determinative information, is an efficient tool to adjust market boundaries. The Commission  d(#stated, however, that it would use this tool only "where there is no clear proof that the contour fails to  d(#reflect actual coverage or where there is a terrain obstacle such as a mountain range or a significant body  ST-of water."aAZT * {O%-ԍNew York ADI Order, supra, slip op. at para. 17. a "TA,p(p(88"Ԍ S-  ԙ31.` ` The existing state of the record in this proceeding is thus far from ideal. Taking all of  d(#the factors together and given its concession as to signal availability, it appears that KSTVTV has  S- d(#[justified a market modification only with respect to "the closer Los Angeles systems." It does not define  d(#this phrase, but we believe it may appropriately be defined for purposes of this decision as including only  d(#those communities within the predicted Grade A contour of the station. Although, given the mountainous  d(#{terrain involved, there may also be reception problems even within the Grade A contour, a market  d(#modification with respect to the closer communities is justified based on geographic proximity as well  d(#technical service. The other factors relied on in the oppositions, in the circumstances herein, provide little  d(#-insight into the appropriate shape of KSTVTV's market. Nielsen reports show no audience for KSTVTV  d(#in its home county so that the absence of ratings elsewhere in the Los Angeles market is not necessarily  d(#{a reflection of a lack of technical service, a lack of programming service, or the lack of an economic  d(#zmarket connection. Both the lack of historical carriage and the lack of audience must also be reviewed  d(#\in light of the fact that KSTVTV only recently commenced operation with much improved technical facilities.  S -  32.` ` In light of the poor state of the record in this proceeding and the importance of the issues  d(#\involved, we would not object, notwithstanding the usual constraints associated with reconsideration  d(#petitions, to parties in petitions for reconsideration filing more complete and accurate information with respect to the question of where KSTVTV's signal is technically available.  S-C1 ORDERING CLAUSES \  S- A  33.` ` Accordingly, IT IS ORDERED, pursuant to 614(h) of the Communications Act of 1934,  d(#~as amended (47 U.S.C. 534) and 76.59 of the Commission's Rules (47 C.F.R. 76.59)  d(#that the petition for special relief (CSR5096A), filed September 23, 1997, on behalf of Costa de Oro  d(#/Television, Inc. IS GRANTED with respect to the communities of Agoura Hills, Calabasas, Canyon  d(#Country, East San Fernando Valley, Glendale, Hermosa Beach, Hidden Hills, Los Angeles (Eaglerock,  d(#=HollywoodWilshire, Santa Monica, Sherman Oaks, Southcentral, West Hollywood, Western), Malibu,  d(# Redondo Beach, San Fernando, Santa Clarita, Sunland, and West San Fernando Valley (Canoga Park,  d(#=Tarzana and Woodland Hills) and IS DENIED in all other respects. KSTVTV shall notify the relevant  d(#zcable systems in writing of its carriage and channel position elections ( 76.56, 76.57, 76.64(f) of the  d(#Commission's Rules), within thirty (30) days of the release date of this Order. The affected cable systems shall come into compliance with the applicable rules within sixty (60) days of such notification.  S-!34.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqWilliam H. Johnson ` `  hhCqDeputy Chief, Cable Services Bureau