WPCa 2B<J CourierTimes New RomanTimes New Roman BoldTimes New Roman Italic3|jRoom 907HPLAS5SI.PRSx  @\{$Q_X@2'6%FK Z3|jTimes New RomanTimes New Roman BoldTimes New Roman Italic"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxdHP LaserJet 5Si Room 907HPLAS5SI.PRSXj\  P6G;\{$Q_XP2 YKcvp$"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddI\\>>>\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\\nBnnBmgg>Q\7"yyyy\njc\gnn\\{,W80,%W*f9 xr G;XW!@(#,h@\  P6G;hP#C:,+Xj\  P6G;XP$2ZK S KTUQ KX"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.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\\nBnnBb\\>g\7"yyyy\njc\}nn\'H5!,),5\  P6G;,P2a=5,u&a\  P6G;&P 2e=5,&e4  pG;&"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\\nBnnBsgg>\\7"yyyy\nlc\gnn\2 K-[^x]Wa"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%7%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&&Bn77lBTn(nBB(AZZ>>n%07\n!"IIIITTenn7TnB@;7>lBBn7 7jC:,ynXj\  P6G;XP!7nC:,(>(II"  S- xCommission's rules and does not meet the Commission's definition of sound engineering practices. y, Xh-ԍ#X\  P6G;ɒP#MBI contends, for example, that Robin did not provide MBI with sketches of block diagrams, a description of the methodology used for processing the station's signal, the age of any equipment used, nor a  yO-description of the characteristics of the U120R antenna, such as range and radiation pattern.#Xj\  P6G;ynXP#ѳ MBI  xjmaintains that deficiencies in the signal test, alone, provide a sufficient reason for granting MBI's carriage  xcomplaint. MBI asserts that it responded to Robin's carriage denial in a letter, dated November 21, 1997,  xwhich stated that, in any event, WQHB would install, at its own expense, any equipment necessary to  S`- xldeliver a good quality signal to Robin's principal headend. ` , X -ԍ#X\  P6G;ɒP#See Exhibit F to Complaint.#Xj\  P6G;ynXP#ї MBI argues that WQHB's equipment  xinstallation commitment qualifies it as a "local commercial television station" entitled to carriage on  S- xRobin's system under Section 76.55(c)(3) of the Commission's rules. y, Xj -ԍ#X\  P6G;ɒP#MBI contends that even if the Commission were to accept as valid the results of Robin's signal test, WQHB would still be entitled to carriage on Robin's system in light of the station's stated commitment to install  yO-any equipment necessary to upgrade its signal to the requisite strength and to pay the cost of such equipment.#Xj\  P6G;ynXP# MBI claims that Robin did not  x0respond to MBI's November 21, 1997 letter. MBI requests that the Commission order Robin to commence carriage of WQHB's signal.  Sp- ` x4.` ` In its opposition, Robin argues that WQHB is not entitled to carriage on its system because  SH - xthe station fails to deliver a good quality signal to Robin's headend as required by federal law. yH , X-ԍ#X\  P6G;ɒP#Robin contends that its signal test, conducted in conformance with good engineering practices and Commission requirements, consistently produced readings of 86.9 dBm or less for WQHB's signal, which is far  yO-below the statutory minimum of 45 dBm for UHF stations.#Xj\  P6G;ynXP#ё Robin  xnotes, too, that WQHB's city of license, Sumter, South Carolina, is located over 80 miles from Robin's  x[headend in Saluda, South Carolina. Robin contends that MBI did not dispute that WQHB failed to meet  xthe Commission's signal strength standard at Robin's headend. Robin claims that MBI, instead, stated that  S - xLit would provide any equipment necessary to deliver a good quality signal but did not explain or provide  xany information as to how it would deliver such a signal to Robin's Saluda headend. Robin asserts that  x[on December 10, 1997, it sent MBI a detailed summary of the signal test and invited MBI to conduct its  xown tests for WQHB's signal strength if it believed that specialized antennas or other equipment would  S- ximprove the station's signal quality.< , X-ԍ#X\  P6G;ɒP#See Exhibit F to Opposition.#Xj\  P6G;ynXP#ј Robin contends that the burden is on MBI to demonstrate that it  x>will deliver a good quality signal to Robin's Saluda headend and that MBI has yet to show that it can  xprovide such signal with or without specialized equipment. Robin insists that if MBI proposes to satisfy  xjits burden by utilizing special equipment, MBI must first demonstrate that such equipment will produce  xan adequate signal and that the equipment will not burden the cable system facilities. Robin contends that  xMBI is not entitled to an order granting carriage until it demonstrates that it will provide a signal consistent with the Commission's regulations.  S- ` ax5.` ` In reply, MBI argues that Robin's carriage denial was invalid because it fell short of  xestablishing, under the Commission's rules and decisions, that WQHB did not deliver an adequate signal  xto Robin's principal headend. MBI acknowledges that it received a more detailed summary of Robin's  SP- xsignal test on December 11, 1997 but still questions the reliability of the test. MBI further argues that"P ,>(>(II"  x.while delivery of an adequate signal is a prerequisite to mandatory carriage, it is not a prerequisite to the  xgrant of a carriage complaint if a station has agreed to pay for the costs of delivering to the cable system  xa good quality signal. MBI contends that Section 76.55(c)(3) of the Commission rules, as well as prior  xCommission decisions, make clear that all that is required of a broadcast station seeking to assert its must xcarry rights is a commitment to provide the necessary equipment to assure a good quality signal and an  xagreement to be responsible for the costs of installing such equipment. MBI argues that it has agreed to  xpay for and provide such equipment and is, therefore, entitled to a grant of its complaint. MBI further  xasserts that, if necessary, it is prepared to use a television translator to resolve any signal quality issues  S-and that use of such translator would not burden Robin's facilities.y, X( -ԍ#X\  P6G;ɒP#MBI states that it is prepared to deliver WQHB's signal to Robin's Saluda headend via a television translator (W31BS) located just south of Columbia. MBI asserts that the translator transmit antennas have been  yO -ordered and received and predicts that the translator should be operational by early February, 1998.#Xj\  P6G;ynXP#  Sp-( DISCUSSION T  S - ` TPx6.` ` We will grant MBI's complaint. Section 614(a) of the Communications Act of 1934, as  S - xamended, provides that each cable operator shall carry the signals of local commercial television stations. , X-ԍ#X\  P6G;ɒP#See 47 U.S.C.  534(a).#Xj\  P6G;ynXP#і  xA local commercial television station is defined as any full power broadcast television station that is within  S - xthe same television market as the cable system. , X-ԍ#X\  P6G;ɒP#See 47 U.S.C.  534(h)(1)(A).#Xj\  P6G;ynXP#ќ It is undisputed that WQHB and Robin are located in  xthe same ADI. Under the Commission's mustcarry rules, a cable operator has the burden of showing that  x]a commercial station that is located in the same television market as the operator is not entitled to  S0- xcarriage.0k, {O;-#X\  P6G;ɒP#эSee Must Carry Order at 2990.  One method of doing so is for a cable operator to establish that a subject television station's  xzsignal, which would otherwise be entitled to carriage, does not provide a good quality signal to a cable  S- xsystem's principal headend.p, yO}-#X\  P6G;ɒP#э47 C.F.R.  76.55(c)(3).p Should a station fail to provide the requisite overtheair signal quality to  xa cable system's principal headend, its carriage nevertheless may not be foreclosed, because, under our  S- xLrules, a station may provide a cable operator with specialized equipment, at the station's expense, which  Sh-will improve the station's signal to an acceptable quality at a cable system's principal headend.h , {O-#X\  P6G;ɒP#эMust Carry Order at 2991. See also U.S.C  534(h)(1)(B)(iii); 47 C.F.R.  76.55(c)(3).  S- ` x7. ` ` In this instance, Robin has denied MBI's carriage request based on a signal test which  xzpurports to show that WQHB does not deliver a sufficiently strong signal to Robin's Saluda headend.  xMBI has, nevertheless, agreed to provide equipment at its own cost, if necessary, to ensure delivery of  xa good quality signal to Robin's principal headend. In particular, MBI has stated that it is prepared to use  xa translator to deliver a quality signal. The Commission has stated that translators are a permissible means"x ,>(>(II"  S- xMfor delivering a good quality signal to the cable operator's headend.N*, Xh-ԍ#X\  P6G;ɒP#Must Carry Order at 2991 ("we disagree... that a television station's use of microwave or other means (such as a translator) to deliver a signal to the headend cannot be considered a method to provide a good quality signal to the headend. We view such methods to be no different than a television station providing improved equipment to ensure that a cable system operator receives a good quality signal for retransmission to its  X-subscribers.#Xj\  P6G;ynXP#").N Because MBI has committed to  xyprovide and pay for the equipment necessary to provide a good quality signal to Robin's Saluda headend,  xwe find that WQHB is a qualified UHF station that is entitled to carriage on Robin's cable system serving Saluda and Saluda County, South Carolina.  S8-1 ORDERING CLAUSES ă  S- ` x8.` ` Accordingly, IT IS ORDERED , pursuant to Section 614 of the Communications Act of  x1934, as amended (47 U.S.C.  534), that the petition filed by McLaughlin Broadcasting, Inc. ("MBI")  S- x IS GRANTED . Robin Cable Systems, L.P. ("Robin") IS ORDERED to commence carriage of television  xstation WQHB(TV) on its cable system serving Saluda and Saluda County, South Carolina sixty (60) days from the date that WQHB provides a good quality signal at Robin's principal headend.  S - ` x9.` ` IT IS FURTHER ORDERED , that WQHB shall notify Robin in writing of its carriage  xand channel position elections ( 76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of providing a good quality signal.  SX- ` Bx10.` ` This action is taken pursuant to authority delegated under 0.321 of the Commission's rules.  S-x` `  hh@ FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Gary M. Laden, Chief x` `  hh@Consumer Protection and Competition Division x` `  hh@Cable Services Bureau