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(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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNM\\>>>\}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\y.X80,IX\  P6G;P2a=5,0&a\  P6G;&P2e=5,D&e4  pG;&7jC:,+Xj\  P6G;XPP:% ,1J:\  P6G;JPH5!,,5\  P6G;,P\0_=5,% &_*f9 xr G;&X\K5hC:,%2Xh*f9 xr G;XX\L{,W80,%0W*f9 xr G;XVP:% ,J:\  P6G;JP\W0_=5,%&_*f9 xr G;&Xy.\80,T\4  pG;"i~'^09CSS999S]+9+/SSSSSSSSSS/2\4^Zay.X80,IX\  P6G;P2a=5,0&a\  P6G;&P2e=5,D&e4  pG;&7jC:,+Xj\  P6G;XPP:% ,1J:\  P6G;JPH5!,,5\  P6G;,P\0_=5,% &_*f9 xr G;&X\{,W80,%W*f9 xr G;Xy.\80, {\4  pG;[App Server] WPOF=s:\post\ofwin40\ofwin.exe;00000000;Novell S- X   S S-  Federal Communications Commission`(#DA 98550 ă  yxdddy P3 #&a\  P6G;0&P#Before the Federal Communications Commission  S-" Washington, D.C. 20554 ă  S`-#Xj\  P6G;+XP##&a\  P6G;0&P#In re:R) R)  S-Erie County Cablevision, Inc.R)hppCSR5146A R) For Modification of the Cleveland, OhioR) ADIR)  SH -  MEMORANDUM OPINION AND ORDER TP  S -X` hp x (#%'0*,.8135@8:-  6.xAs for deletions of communities from a station's market, the legislative history of this provision indicates that: xThe provisions of [this subsection] reflect a recognition that the Commission xmay conclude that a community within a station's ADI may be so far removed xfrom the station that it cannot be deemed part of the station's market. It is not"v#,`(`(88%"Ԍxthe Committee's intention that these provisions be used by cable systems to xmanipulate their carriage obligations to avoid compliance with the objectives xof this section. Further, this section is not intended to permit a cable system to xdiscriminate among several stations licensed to the same community. Unless xa cable system can point to particularized evidence that its community is not xpart of one station's market, it should not be permitted to single out individual xstations serving the same area and request that the cable system's community  S-xbe deleted from the station's television market.] } yOP-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992).]  S-  7.xIn adopting rules to implement this provision, the Commission indicated that requested changes  xshould be considered on a communitybycommunity basis rather than on a countybycounty basis, and  x<that they should be treated as specific to particular stations rather than applicable in common to all stations  S - xin the market.Y X} {O-ԍMust Carry Order, 8 FCC Rcd at 2977 n. 139.Y The rules further provide, in accordance with the requirements of the 1992 Cable 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(c).@  S - MODIFICATION ARGUMENTS ă  SX-  |8. xAll of the communities served by Erie County's cable system are located in Erie County, Ohio  xand are part of the Cleveland, Ohio ADI. Akron, the city of license of WAKCTV, is also part of the same ADI and is approximately 66 miles from the cable system's headend.  S-  9. xIn support of its modification request, Erie County argues that WAKCTV should be excluded  x!from carriage on its system because the station does not satisfy any of the four statutory market  xmodification factors. First, the station has no significant history of carriage. Erie County indicates that  xzit did carry WAKCTV from 1973 until 1986, but deleted the station because it was a duplicate ABC  xLstation and because its subscribers had no interest in news from Akron, Ohio. WAKCTV has therefore  x-not been carried on its system, states Erie County, for more than ten years. In addition, Erie County states  xthat of the three stations located in the same area as WAKCTV WBNXTV (Ind., Ch. 55) and WEAO  x(Educ., Ch. 40), both Akron, Ohio, and WOACTV (Ind., Ch. 67), Canton, Ohio it currently carries  Sx- xonly WBNXTV because that station's transmitter is located in Parma, Ohio, only eight miles from  xzCleveland. In addition, it carries WBNXTV because the cable system's communities lie on the fringe  S(- xof the station, and the station offers dozens of hours of children's programming each week.| X(z} yOB!- xԍErie County indicates that until such time as WBNXTV relocated its transmitter closer to Cleveland, the station  xcould not be carried due to signal quality problems. In addition, it points out that the transmitters for WAKCTV, WOACTV and WEAO, are located 31, 33 and 29 miles from Cleveland, respectively.| Erie County  xstates that it has never carried either WEAO or WOACTV due to the greater distances of their  xtransmitters, lack of Grade B service and programming which is offered by other, closer sources.  x?Secondly, Erie County argues that WAKCTV provides no Grade B coverage to the instant cable  xcommunities and the station is not listed in any of the three major newspapers in circulation in the" ,`(`(88"  S- xSandusky area. } yOh-ԍThose newspapers are: the Sandusky Register, the Lorain Morning Journal, and the Cleveland Plain Dealer. Moreover, Erie County points out that WAKCTV's city of license is 66.30 miles from  xthe cable system's principal headend and its transmitter site 63.34 miles away. Erie County contends that  xthese distances far exceed the distances in other Bureau decisions in which requests for ADI exclusion  S- xwere granted.^X} {O- xԍSee e.g. Time Warner Cable, DA 961694 (released October 15, 1996) 45 miles; Cablevision of Cleveland  {OJ- xhand V Cable d/b/a Cablevision of Ohio, DA 96867 (released June 3, 1996) 41 miles; and Continental Cablevision  {O-of Western New England, DA 96827 (released May 31, 1996) 54 miles. Due to the geographic distance involved and the fact that the majority of WAKCTV's  xprogramming consists of infomercials, Erie County maintains that any remaining local programming would appear to have no local nexus to the cable system communities herein.  S-   10. x Erie County maintains that Sandusky area residents are more strongly connected to the  xcommunities of Cleveland and Toledo, Ohio than they are to Akron, Ohio, WAKCTV's city of license.  S- xLErie County points out that the majority of the fourteen local broadcast stations it currently carries ~} yO- xԍThese stations are: WKYCTV (NBC), WEWSTV (ABC), WJWTV (FOX), WVIZTV (PBS), and WQHS xTV (HSN), all Cleveland, Ohio; WUAB (UPN/WBN), Lorain, Ohio; WGGNTV (TBN), Sandusky, Ohio; WTOL xTV (CBS), WTVG (ABC), WUPW (FOX), WNWOTV (NBC), and WGTE (PBS), all Toledo, Ohio; WOIO (CBS), Shaker Heights, Ohio; and WBNXTV (Ind.), Akron, Ohio. are  xlicensed to Cleveland and Toledo, Ohio, and they provide its subscribers with substantial amounts of local  SH - xNnews and other programming.H f } yON- x.ԍErie County states that its service area is located either wholly within or is on the fringe of the Grade B contours of all 14 local broadcast stations it carries. The City of Cleveland, it states, serves as the economic, cultural,  S - xentertainment and sports center of northern Ohio, } yO~- x-ԍErie County states, for instance, that two banks headquartered in Cleveland have branches in Sandusky, and the Cleveland Symphony and Cleveland's professional sports teams are followed closely by its subscribers. while news coverage from Toledo includes sports and  S - xother activities relating to Bowling Green University } yO-ԍThere is a campus of this university in Huron, one of the cable communities in question. and stories relative to Detroit, Michigan, the  S - xautomobile capital of the country. } yO- xiԍErie County states that this is of particular importance to auto workers in the Sandusky Ford and GM plants and the former Chrysler plant. In addition, Erie County states that Sandusky area residents travel  xto and from and shop in both cities, not Akron, thus making advertisements from Cleveland and Toledo  xstations of interest to its subscribers. In addition to these local stations, Erie County states that it also airs  x.public access programming which includes bulletin boards and programming with information relative to  xschools, city council meetings, and local sports events. Fourth, Erie County maintains that due to the fact  xthat its Grade B contour does not encompass any of the communities, it is unlikely that the station would  xhave any measurable viewership in the county. In light of the above, Erie County requests that its request for exclusion be granted.  Sh-  " 11. xIn opposition, WAKCTV states that by applying the criteria specified in Section 614 of the  xCommunications Act, as amended, it can be shown that it should not be excluded from the communities  S- xserved by Erie County and the requested waiver should be denied. WAKCTV points out initially that",`(`(88b"  xZit was historically carried on the Erie County system for thirteen years and that despite petitioner's attempt  x\to dismiss this carriage as insignificant it represents evidence that the instant communities are located  xwithin the station's television market. In any event, WAKCTV indicates that Erie County's stated reason  xfor the deletion no longer exists since WAKCTV is no longer an ABC affiliate but an independent station  x=which serves the entire Cleveland metropolitan area. Erie County's carriage of Akronbased WBNXTV  xand not its own station, contends WAKCTV, is an example of the type of market discrimination the must  xcarry provisions were designed to overcome. Moreover, WAKCTV argues that the system's attempts to  xjustify WBNXTV's carriage over other Akron stations falls short of the "particularized evidence"  S- xnecessary to rebut such discrimination.FZ} {O( - xԍSee Cablevision of Cleveland, L.P., 12 FCC Rcd 15173 (1997) in which the Bureau denied the exclusion of  xYWAKCTV and WOACTV in part due to the fact that the two other Akronbased stations, WBNXTV and WEAO were carried by the cable system involved.F WAKCTV maintains that there is no evidence that WBNXTV  xand WAKCTV target their programming to different geographic markets, both are assigned to the same  x[ADI and both compete for viewers and advertising revenue with other market stations. Indeed, WAKC xTV states that Erie County's previous carriage of its signal overrides the system's contention that WAKC S - xTV's transmitter is too far away to provide a good quality signal.  } yO- xYԍIndeed, WAKCTV states that the strength of its offair signal at Erie County's principal headend is remarkable  xconsidering that the station is currently operating at approximately only onefourth of its authorized power. It states  xYthat it presently has a pending renewal of a construction permit to increase its effective radiated power to 5000 kW from its current level of 1290 kW. It should also be noted, WAKCTV  xLmaintains, that it is carried on several MediaOne cable systems surrounding and/or more distant than the  xErie County system, and one system even serves two of the communities for which Erie County is seeking  S - x.exclusion, Milan Township and Oxford Township.Fx } yO- x,ԍWAKCTV indicates that it is carried on the following MediaOne (formerly Continental Cablevision) systems:  x1) West Cleveland, OH also serving Elyria, Bay Village, Avon Lake, North Ridgeville, Eaton Township, Carlise  xTownship, Elyria Township, Amherst, South Amherst, Amherst Township and New Russia Township; 2) Norwalk,  xiOH also serving Monroeville, Milan and surrounding Townships in Huron and Erie Counties; 3) Willard, OH  x[also serving Plymouth, Shiloh, Greenwich, North Fairfield and surrounding Townships in Huron and Richland  x[Counties; and 4) Bellevue, OH also serving Green Springs, Clyde, and the surrounding Townships in Huron, Sandusky, Erie and Seneca Counties. F WAKCTV argues that such carriage, despite Erie  x=County's contention, reflects other cable systems' belief that WAKCTV serves the western portions of  x-the Cleveland market. Secondly, WAKCTV maintains that its Grade B contour encompasses a substantial  xportion of Erie County and the system communities herein are proximately located to that contour.  x[WAKCTV argues that failure to place a Grade B contour does not disqualify it from carriage and points  xLout that in a recent decision, the Bureau denied a request for exclusion where a station's Grade B contour  xfell almost 40 miles short of the communities because the cable system involved was carrying five other  S-stations from the station's community of license.i} {OB"-ԍSee TWI Cable, Inc., DA 971804 (released August 25, 1997).i  S@-  @ 12. xWAKCTV argues further that it provides locallyoriented programming which is specifically  xtargeted to viewers in the Cleveland area which features news and events from the Erie County area.  xWAKCTV states, for instance, that its regular halfhour public affairs program "Community" recently",`(`(88"  S- xfeatured an episode focused exclusively on places of interest in Erie County.} yOh- xԍJoan Van Offeren, Executive Director of the Erie County Visitors and Convention Bureau and Don Gfell, Chairman of the Milan, Ohio Sesquicentennial Year Committee both appeared on this program. In addition, WAKCTV  xindicates that it regularly promotes events of interest to Erie County residents through the station's  x"Community Bulletin Board" and it provides extensive coverage of events and issues of local interest to  xthe greater Cleveland metropolitan area. Third, WAKCTV maintains that it has been well established  xthat the carriage of others stations which provide local coverage or programming is irrelevant in evaluating  xa request for deletion and cannot alter WAKCTV's carriage rights. Fourth, WAKCTV asserts that the  xBureau should accord little weight to its low audience ratings due to the fact that it has a specialty format  xparticularly as the Bureau has recognized that stations with specialized programming typically attract  S- xM"limited audiences."b } {O -ԍSee Time Warner Cable, 11 FCC Rcd 8047, 8054 (1996).b Similarly, WAKCTV argues that its station's omission from the three weekly  xpapers mentioned by Erie County should have no import especially since anywhere from one to seven of  xithe stations currently carried by the system are not listed in the various papers. Finally, WAKCTV points  xjout that as a further indication that its economic market includes the Erie County communities is the fact  S -that the Cleveland Major Trading Area ("MTA")]X } yOr- xԍWAKCTV states that there are 47 MTAs in the United States and that these MTAs consist of multiple Basic  xTrading Areas (BTAs) which is a Rand Mcnally classification which includes the communities surrounding a center in which residents typically purchase retail shopping goods.] includes both Akron and Erie County. } yO- xhԍThese determinations are made by private agencies that engage in marketing determinations, including agencies which are specifically responsible for defining televison markets.  S -  @ 13. xIn reply, Erie County maintains that WAKCTV fails to rebut the clear showing that the four  xstatutory criteria support its request for exclusion. Erie County points out that WAKCTV acknowledges  xthat its signal's Grade B contour fails to encompass any of the cable system communities. Indeed, Erie  x?County states that a review of the Grade B contour maps for WAKCTV reveals that the closest  x.community it serves is at least three miles beyond WAKCTV's Grade B contour, while more than 80%  xof its subscribers are located in communities which are at least 11 miles outside the contour. As such,  x/Erie County argues that these communities cannot be considered close enough to require inclusion as  S- x"fringe" communities.MZ* } yO- x,ԍErie County states that cases cited by WAKCTV in support of the "fringe" argument fall short. For instance,  {OJ- x;in Time Warner Cable, 10 FCC Rcd 8040 (1995), the few communities outside the Grade were all no more than five miles from the fringe.M The disparity is even greater, states Erie County, when one considers that  xzWAKCTV admits that it is voluntarily operating at onequarter power, a clear indication that its real  xintent to serve a far more limited market than the entire Cleveland ADI. Erie County states that WAKC S@- xTV's reliance on TWI Cable, supra, is also misplaced. In that situation the cable system in question  xcarried five other stations from the same market, but Erie County points out that in this situation, it carries  xonly one station licensed to Akron and, more importantly, a station which not only does not transmit from  xthe same site as other Akron stations, but whose transmitter site is also the site of numerous Cleveland  xbroadcast stations the system carries. With regard to WAKCTV's claim that it can provide a good quality  xsignal to the system's headend even at reduced power, Erie County notes that WAKCTV achieved this  xzonly while using specialized equipment and that an earlier test conducted by the system using normal  S*- x>equipment revealed a far weaker signal level. Further, Erie County contends that the two  de minimis"*L ,`(`(88{"  S- xexamples of local programming that WAKCTV claims in its opposition were neither created nor aired  xuntil after the instant petition was filed and a review of the station's program logs for the past six months shows that WAKCTV did not carry any local programming relevant to the cable system subscribers.  S`-   14. xErie County maintains its assertion that WAKCTV's prior carriage is not significant. It states  xjthat WAKCTV has been ontheair for 44 years and was dropped from carriage more than ten years ago  xbecause it was Akronbased and because its programming was not of interest to subscribers. Similarly,  xMErie County argues that carriage by other neighboring systems is also not significant. Only one cable  xoperator, MediaOne, carries the station, states Erie County, and the decision to do so was apparently  xpromulgated at the time by that system's desire to ensure ABC network programming which was provided  Sp- x?by WAKCTV at that time.p} yO - xԍErie County cites a declaration of Mr. Brian Young, Director of Corporate Affairs for MediaOne for this information. Erie County also argues that the Bureau has rejected WAKCTV's  xcontention that no weight should be given to the provision of local coverage by other stations or lack of  S - x-ratings for specialty stations.$ } {O- x<ԍ See Comcast Cablevision of Monmouth County, 11 FCC Rcd 6426 (1996); and Clear Cablevision, Inc. and  {O-Manchester Cablevision, Inc., both d/b/a Adelphia Cable Communications, 11 FCC Rcd 11182 (1996).$ Finally, Erie County disputes WAKCTV's assertion that the cable system  xand the station are both part of the same economic market. It points out that the Major Trading Area  x(MTA) map attached to WAKCTV's opposition indicates that Erie County is located in a different Basic  x.Trading Area (BTA) than that which includes Cleveland and Akron. In addition, it should be noted that  xa map of the Metropolitan Statistical Areas shows that Akron is located in one Metropolitan Area,  x.Cleveland another, while Sandusky and the rest of Erie County do not appear to be allocated to any one  S0-Metropolitan Area.  S-( DISCUSSION ă  S-  m15. x Based on a consideration of evidence relating to the four specific statutory factors and lacking  xjpersuasive evidence that the communities in question are not part of WAKCTV's market Erie County's petition will be denied.  S-  16. xWith regard to the first statutory criterion, which deals with historic carriage on a cable system,  x0we note that the must carry rules were adopted in part to cure past discriminatory signal carriage  S- xpractices.}|} {O-ԍSee, e.g. Act III Broadcasting of Nashville, Inc., 8 FCC Rcd 8544, 8546 (1993).} In this instance, WAKCTV was carried on Erie County's system from 1973 until 1986 when  xyit was deleted because it was a duplicate ABC network station. While we recognize that WAKCTV has  xnot been carried for over 10 years, we believe its past carriage is probative in establishing its market. In  xthis regard, we note that Erie County has not shown that the marketplace has changed in its configuration  xover the last 10 years. The fact that Erie County chose to drop WAKCTV's carriage does not necessarily  xindicate that the station is not in the same market as the cable system. Further, it is undisputed that during  x the period in which WAKCTV was carried on the Erie County system, the station provided a good",`(`(88"  S- x.quality signal to the system's principal headend. } yOh- xԍWhile Erie County contended that WAKCTV could only provide a good quality signal with the use of  xspecialized equipment, we find no barrier in this. Under the Commission's Rules, commercial television stations  xihave the right to improve a poor quality signal with the use of whatever specialized equipment it feels necessary, so long as it is the station which bears the cost of such equipment. Second, the Erie County cable system's communities  xcurrently fall close to WAKCTV's predicted Grade B contour. Moreover, the fact that other ADI  xlicensees provide coverage of and service to the communities in question is not probative of WAKCTV's  xmarket. We do not believe that Congress intended this service by other stations in deletion cases to  x{operate as a bar to a station's ADI claim whenever other stations could also be shown to serve the  xcommunities at issue, but rather that this criterion was intended to enhance a station's claim where it could  S-be shown that other stations do not serve the communities at issue.  S-  17. xWe must also consider not only whether a cable system carries the station that is the subject of  x\the market modification petition, but also whether "other stations located in the same area, have been  Sr- xhistorically carried on the cable system. . . . ."T!r} {O-ԍSee 47 U.S.C. 534(h)(1)(C)(ii)(1).T The record shows in this instance that Erie County  xjcarries, in addition to the stations licensed to Cleveland, station WBNXTV licensed to Akron. Akron is  xalso the city of license of WAKCTV. It is also of note that WAKCTV is currently carried in numerous  xcable system communities surrounding Erie County's system and in two communities, served by a second cable system, which Erie County also serves.  S -  A18. xFurther, we also find Erie County's arguments regarding WAKCTV's lack of ratings to be  xunpersuasive. The Commission has previously recognized that stations that could once be classified as  S2- x/specialty stations (i.e., religious and foreign language) are capable of "offer[ing] desirable diversity of  S - xprogramming . . . ," yet typically attract limited audiences." B} {O- xԍFirst Report and Orde in Docket 20553, 58 FCC 2d 442, 452 (1976), recon. denied, 60 FCC 2d 661 (1976). We continue to believe that, the fact that  xspecialty stations attract limited audiences, must be taken into account in determining the equities  xconcerning such stations' rights to cable carriage. Stations such as WAKCTV, whose programming  x]consists largely of home shopping, program length presentations, or "informercials," and religious programming, warrant analogous treatment and consideration.  S-  19. xSection 614(h)(1)(C) of the Communications Act requires the Commission to include or exclude  xkparticular communities from a television station's market for the purpose of ensuring that a television  xstation is carried in the areas which it serves and which form its economic market. The carriage of station  xWBNXTV, licensed to Akron, in the Erie County communities, coupled with its prior carriage, provides  xstrong evidence that the communities should be considered part of WAKCTV's market, which is licensed  xto the same Akron metropolitan area. The requested exclusion of the communities from WAKCTV's  xNmarket would allow Erie County to discriminate among the several stations licensed to the Akron  S- xmetropolitan area, despite a Congressional mandate to preclude such discrimination.#} {O@%- xJԍSee House Committee on Energy and Commerce, Cable Television Consumer Protection and Competition Act of 1992, H.R. Rep. No. 102268, at 98. Being excluded  xfrom the communities herein would have the effect of precluding WAKCTV from any opportunity to" #,`(`(88="  xcompete for viewers and advertising revenues with WBNXTV in the portion of the Cleveland ADI served  xby Erie County. Such exclusion would compound any advantage WBNXTV has in that portion of the Cleveland ADI.  S`-  20. xWe have carefully considered each statutory factor in the context of the circumstances presented  S8- xhere.b$\8} {O- xJԍWe are under no obligation to give particular weight to any particular one of the several statutory factors. See  {Oj- xTime Warner Entertainment Co. v. FCC, 56 F. 3d 151, 175 (D.C. Cir. 1995); Accord Omnipoint Corp. v. FCC, 78 F. 3d 620, 633634 (D.C. Cir. 1996).b When taken together, we believe that the following factors warrant WAKCTV's carriage n Erie  x.County's system: the carriage of another station licensed to Akron, the communities at issue are in close  xproximity to WAKCTV's Grade B contour, the station is currently carried by another cable system in  xtwo of the communities also served by Erie County, the station is carried on nearby cable systems, and  xhas been carried in the past on the Erie County system. Considering the record as a whole, we find that  xzErie County failed to demonstrate that the requested exclusion of the communities served by its cable  xsystem from the television market of WAKCTV will better effectuate the purposes of the mustcarry statutory provisions and serve the public interest.  S -1 ORDERING CLAUSES ă  S -  21. xAccordingly, IT IS ORDERED, pursuant to 614(h) of the Communications Act of 1934, as  xkamended, 47 U.S.C.  534, and 76.59 of the Commission's Rules, 47 C.F.R. 76.59, that the petition  S0-for special relief (CSR5146A) filed on behalf of Erie County Cablevision, Inc. IS DENIED.  S-  S-  ?22. x IT IS FURTHER ORDERED that Erie County Cablevision, Inc. shall commence carriage of  S- xLStation WAKCTV within sixty (60) days of the release date of this Order. Paxson Akron License, Inc.  x shall notify Erie County in writing of its carriage and channel position elections (76.56, 76.57, and  Sj-76.64(f) of the Commission's Rules), within thirty (30) days of the release date of this Order.  S-23. xThis action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@William H. Johnson, Deputy Chief x` `  hh@Cable Services Bureau