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S -  MEMORANDUM OPINION AND ORDER TP  S -X` hp x (#%'0*,.8135@8:recommendation, has already been installed and the station delivers a signal to the Chamblee headend  xlwhich is substantially better than the minimum required by the Commission. In addition, WATC  xmaintains that Comcast continues to ignore the issue of carriage on the other headends on which it has  xrequested carriage. In light of Comcast's refusal to cooperate and fulfill it must carry obligation, WATC requests that the Commission expedite resolution of its complaint.  S-  N5. xIn opposition, Comcast argues that WATC's complaint contains inaccurate assertions and should  xbe dismissed as either moot or premature. Comcast states that, despite WATC's allegations, the main  x=problem with carriage is the station's poor signal and the station's unrealistic expectations. For instance,  xComcast points out that WATC's apparent outrage that the cable system failed to commit to carriage when  SH - xthe delivery of its antenna was "imminent" was premature,H 2 yO - xxԍIn fact, Comcast points out that WATC's antenna was not delivered until some five months later, in January 1998. particularly as cable operators are not required  xto commence carriage of station prior to the delivery of a good quality signal. Comcast indicates that after  xyWATC's antenna was finally installed in February 1998, signal tests revealed that WATC finally met the  xkburden of delivering a good quality signal to the system's Chamblee headend. Moreover, at that time,  xComcast states that its system's Technical Manager advised WATC that it should confer with the system  xmanager as to channel positioning and related issues since carriage of WATC would necessitate the  xremoval of a currentlycarried station. However, for some reason, Comcast states that no one from WATC  xcontacted the system about this matter and nothing further was heard until Comcast was informed the  xstation would seek a ruling on its pending complaint. In any event, Comcast maintains that in its opinion,  xthe signal carriage issue has been resolved with regard to the Chamblee headend and it is prepared to  xcommence carriage of WATC within 30 days of completing subscriber notification. With regard to  xWATC's assertion regarding the cable operator's other headends, Comcast argues that there is no evidence  xthat WATC has made any efforts to provide an adequate signal to any Comcast headend other than  xChamblee, a system which, ironically, is not even listed in WATC's complaint. It notes, however, that  xsystem engineers conducted tests of WATC's signal at the Rome, Calhoun, Dallas, Villa Rica, Whitesburg and Mt. Zion principal headends and in each case WATC failed to provide an adequate signal.  S-  _6. xAlthough Comcast states that the results of these tests were communicated to WATC and  x.arrangements were made for WATC's engineers to visit these headends to verify the results, WATC has  xsince cancelled the appointment and no rescheduling has taken place. Comcast asserts that, as WATC has  xneither conducted confirmation tests, nor added any specialized equipment to the other headends, it is premature for the station to seeking a ruling on carriage at these sites.  $?   S-  {7.'$? 8.' xIn reply, WATC argues that, despite Comcast's admission in its opposition that WATC provides  xa good quality signal to its Chamblee headend, and thus is entitled to carriage, the cable system still has  xknot commenced carriage or even the process of subscriber notification. Moreover, WATC states that  x=attempts to repeatedly contact Comcast by telephone have been unsuccessful. WATC maintains that it  xis evident that the cable system will never carry the station until ordered to do so by the Commission.  x\Further, WATC argues that Comcast's claim that the station's signal is deficient at the system's other  xheadends is unsupported by the record and Comcast has resisted any offers to work together to resolve  xthe signal strength issues. WATC maintains that the signal strength tests submitted by Comcast in its  xopposition are insufficient because a) Comcast used an antenna cut to channel 36 when WATC broadcasts  xon channel 57; b) except for the test at the Mt. Zion headend, there is no accurate description of the"H$ ,`(`(88%"  xtransmission line employed; c) there is no indication of whether the testing equipment has ever been  xcalibrated; d) there is no block diagram or other description of how the tests instrumentation was arrayed;  x?e) there is no description of the methodology employed; and f) there is no indication that the test  xequipment used or the height of the antenna is similar to that used to receive similar UHF stations. In  xany event, WATC points out that it is a qualified local commercial station entitled to carriage on  x<Comcast's various headends and has a written commitment to provide any specialized equipment necessary to assure the delivery of a good quality signal.  S-( DISCUSSION ă  Sp-  O8. xWe will grant WATC's petition in regard to Comcast's cable systems serving the communities  xRome, Calhoun, Floyd, Tallapoosa, Gordon, Dallas, Paulding, Hiram, Fairmount, Plainville, Haralson,  S - xCarroll, Whitesburg, and Mt. Zion, Georgia. 2 yO - xԍThese communities are apparently served by 6 separate principal headends located at Rome, Calhoun, Dallas, Villa Rica, Whitesburg and Mt. Zion, Georgia. With regard to the Chamblee cable system, although  xComcast states, as pointed out in its opposition, that it has tested WATC at Chamblee's principal headend  xand stands ready to carry the signal there, we note that that particular system was not listed as part of  x.WATC's instant complaint nor does there appear to be any other pending must carry complaint relative  xto this system. Neverthess, Comcast has admitted that WATC's signal is adequate at Comcast's Chamblee  xheadend. It further states that it stands ready to commence carriage of WATC on its Chamblee system.  x[Consequently, we will order Comcast to carry WATC on its Chamblee system. With regard to the listed  xcommunities, we note that Comcast has not conducted engineering tests at its various headends in response  S- x>to WATC's request for carriage in accordance with accepted Commission standards.u 2 {O-ԍSee Clarification Order in MM Docket No. 92259, 8 FCC Rcd 4142 (1993).u Since the cable  xoperator is at the outset in a superior position to know whether or not a given station is providing a good  xquality signal to the system's principal headend, we believe that the initial burden of demonstrating a lack  xof a good quality signal appropriately falls on the cable operator. In meeting this burden, the cable  x/operator must show that it has used good engineering practices to measure the signal delivered to the  xjheadend. To measure a station's signal to see if it meets the Commission requirements, a cable operator's  xsignal strength surveys should, at a minimum, include the following: 1) specific make and model numbers  xof the equipment used, as well as its age and most recent date(s) of calibration; 2) description(s) of the  xcharacteristics of the equipment used, such as antenna ranges and radiation patterns; 3) height of the  xantenna above ground level and whether the antenna was properly oriented; and 4) weather conditions and  x[time of day when tests were done. While the Commission does not specify which type of antenna must  xbe used to determine signal strength, a cable operator is required to take measurements with "generally  xaccepted equipment that is currently used to receive signals of similar frequency range, type or distance  S- xfrom the principal headend.: 2 {O*"-ԍId. at 4143.: In addition, a cable operator must conduct multiple signal quality tests to  S- x=ensure accurate results.z D2 {O$-ԍSee Complaint of Channel 5 Public Broadcasting, Inc., 8 FCC Rcd 4953 (1993).z Generally, if the test results are less than 51 dBm for a UHF station, we have  xLsaid that at least four readings must be taken over a twohour period. In the instant case, Comcast failed  xjto provide the most recent calibration dates of the equipment it used nor how the antenna in the test was"` ,`(`(88"  S- xoriented. 2 yOh- xԍWhile WATC objects to the test in part because it feels that the antenna used was cut to channel 36 when the  x<station broadcasts on channel 57 and that it may not be similar to those used to receive other UHF stations, our  xengineering staff points out that the type of antenna used, a BB UHF Scienticfic Atlanta antenna, while normally  xiset a midrange, such as channel 36, is a broadband antenna designed to pick up signals in a wide range and would easily pick up channel 57. Moreover, it is usually the type of antenna used to pick up UHF stations. Without complete and accurate information provided by Comcast in conformance with our  xLcriteria, we cannot conclude that WATC provides a poor quality signal at Comcast's principal headends.  S`-  9. xWe also note that WATC has offered to provide any specialized equipment necessary to Comcast  xto ensure the delivery of a good quality signal. Moreover, WATC has stated that it will bear the costs  xjof installing such equipment to assure a good quality signal. The Commission has stated that specialized  xequipment may be employed to deliver a good quality signal to a cable system headend. The  S- x Commission, in the Must Carry Clarification Order,D x2 yO -ԍ8 FCC Rcd 4142, 4143 (1993).D after reemphasizing that it was the television  xstation's obligation to bear the costs associated with delivering a good quality signal to the system's principal headend, stated: xThis may include improved antennas, increased tower height, microwave relay xequipment, amplification equipment and tests that may be needed to determine xwhether the station's signal complies with the signal strength requirements. . .  x]WATC, by committing to provide specialized equipment, satisfies its obligation to bear the costs  xyassociated with delivering a good signal to Comcast's headends. We expect Comcast and WATC to work  x together in this regard. In any event, Comcast, no later than 15 days after any necessary specialized  xzequipment is provided by WATC, shall notify WATC regarding the quality of its signal at Comcast's various subject principal headends.  S-1 ORDERING CLAUSES ă  SB-   10. xAccordingly, IT IS ORDERED , that the petition filed on behalf of Community Television, Inc.  S- x IS GRANTED pursuant to 614 of the Communications Act of 1934, as amended (47 U.S.C. 534).  S- xComcast Communications, Inc. IS ORDERED to commence carriage of Station WATC in the  xNcommunities of Rome, Calhoun, Floyd, Tallapoosa, Gordon, Dallas, Paulding, Hiram, Fairmount,  xPlainville, Haralson, Carroll, Whitesburg, and Mt. Zion, Georgia, sixty (60) days from the date that  Sz- xLWATC provides a good quality signal to Comcast's principal headends. WATC shall notify Comcast in  xwriting 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 providing a good quality signal.  S-  S-   11. x IT IS FURTHER ORDERED , that Comcast shall commence carriage of Station WATC on its  S- xChamblee, Georgia, cable system within sixty (60) days of the release date of this Order. WATC shall  xnotify Comcast in writing of its carriage and channel position elections (76.56, 76.57, and 76.64(f) of  Sd-the Commission's Rules) within thirty (30) days of the release date of this Order.  S -   12. x IT IS FURTHER ORDERED , that Comcast shall notify WATC within fifteen (15) days after"  ,`(`(88!"  xkthe provision of any necessary specialized equipment by WATC of that station's signal quality at its various principal headends.  S- 13. xThis action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION  $?  x` `  hh@Gary M. Laden, Chief x` `  hh@Consumer Protection & Competition Division x` `  hh@Cable Services Bureau