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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re: ) ) Complaint of McLaughlin Broadcasting, Inc.) against Comcast Cablevision of the South) CSR-5177-M ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: April 13, 1998 Released: April 16, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. McLaughlin Broadcasting, Inc., ("MBI"), licensee of Television Broadcast Station WQHB (Channel 63), Sumter, South Carolina, has filed a must-carry complaint against Comcast Cablevision of the South ("Comcast"), for that cable operator's failure to carry WQHB on its system serving Newberry, and Prosperity, South Carolina, and surrounding areas, even though the station and the cable communties are both located in the Columbia, South Carolina "area of dominant influence" (ADI). An opposition to the complaint was filed on behalf of Comcast to which Station WQHB has replied. 2. Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in its Report and Order in MM Docket 92-259, commercial television broadcast stations are entitled to assert mandatory carriage rights on cable systems located within the station's market. A station's market for this purpose is its "area of dominant influence," or ADI, as defined by Arbitron's audience research organization. 3. MBI claims that it first notified Comcast of its decision to elect must-carry status rather than retransmission consent by letter on September 12, 1997. MBI states that its letter further notified Comcast that WQHB was conducting on-air programming tests and that the station intended to commence broadcasting of regular programming in the near future. MBI asserts that WQHB began operations on September 22, 1997. MBI contends that Comcast did not respond to the station's initial notice of election, and, by letter dated October 17, 1977, again requested that Comcast provide a written commitment to carry the station's signal. Moreover, MBI states that it invited Comcast to contact the station regarding any concerns about the station's facilities, programming or signal. 4. In response to an October 27, 1997, telephone request from Mr. Jim Sherman of Comcast, for technical information regarding the station's signal, MBI states that its counsel referred Mr. Sherman to Mr. Gene Gibson, the station's engineer. During a brief subsequent conversation, MBI states that Mr. Gibson made inquiries as to the distance of the station from Comcast's headend in Newberry, the station's signal, and coordination regarding the timing and testing of the signal. Thereafter, during a telephone conversation on October 31, 1997, WQBH maintains that Comcast stated that before any discussions regarding the station's signal could take place, it would have to make a determination as to whether WQHB was entitled to carriage under the Commission's rules. MBI requests that the Commission order Comcast to commence carriage of WQHB's signal. 5. In its oppostition, Comcast argues that MBI's complaint should be denied because WQHB does not deliver a sufficiently strong signal to the System headend. Comcast attaches the results of signal tests which purport to show that WQHB fails to deliver a good quality signal. 6. In reply, MBI states that Comcast offered a hastily conducted and wholly inadequate signal test that was done at least 78 days later than the Commission's rules require. See 47 C.F.R. 76.61(a)(2). MBI states that the hand written "signal survey" shows that Comcast's test falls well short of the Commission's rules for its definition of "sound engineering practices". 7. We find that Comcast submitted signal strength studies which fail to show compliance with sound engineering practices. Moreover, Comcast failed to conduct the required number of signal strength tests as required by the Commission's rules. Additionally, the type of antennna is unknown; antenna range and radiation pattern is unknown; the calibration of the test equipment is more than a year old; there were no sketches or block diagrams to describe the methods used for processing; and the height of the antenna might be too low for a clear reception. We have previously stated that cable operator's signal strength surveys should, at a minimum, include the following: 1) specific make and model numbers of the equipment used, as well as its age and most recent date(s) of calibration; 2) description(s) of the characteristics of the equipment used, such as antenna ranges and radiation patterns; 3) height of the antenna above ground level and whether the antenna was properly oriented; and 4) weather conditions and time of day when the tests were made. When measured against these criteria, we conclude that Comcast's signal strength tests are insufficient to demonstrate that WQHB's signal is not of good quality. We find, therefore, that WQHB is a qualified UHF station that is entitled to carriage on Comcast's cable system. 8. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended (47 U.S.C. 534) that the petition filed by McLaughlin Broadcasting, Inc .("MBI") IS GRANTED. Comcast Cablevision of the South IS ORDERED to commence carriage of television station WQHB(TV) within sixty(60) days of the release date of this Order. WQHB(TV) shall notify Comcast in writing of its carriage and channel position elections ( 76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this Order. 9. This action is take pursuant to authority delegated under 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Gary M. Laden, Chief Consumer Protection and Competition Division Cable Services Bureau