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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: ) ) Channel 46 of Boston, Inc. ) ) CSR-5212-M vs. ) ) Greater Media Cable ) ) Request for Mandatory Carriage ) of Television Station WBPX, ) Norwell, Massachusetts ) MEMORANDUM OPINION AND ORDER Adopted: May 29, 1998 Released: June 2, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1. Channel 46 of Boston, Inc. ("Channel 46"), licensee of television broadcast station WBPX, Norwell, Massachusetts ("WBPX" or "the Station"), has filed a must-carry complaint with the Commission, pursuant to Sections 76.7 and 76.61(a) of the Commission's rules, claiming that Greater Media Cable ("Greater Media") has failed to commence carriage of WBPX on its system serving Worcester, Massachusetts and the surrounding areas, as required by Section 614 of the Communications Act. No opposition to the complaint was filed. BACKGROUND 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 the Arbitron audience research Organization. An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. SUMMARY OF ARGUMENTS 3. Channel 46 asserts that WBPX is entitled to mandatory carriage on Greater Media's Worcester, Massachusetts system because WBPX is a qualified local commercial station as defined under the Commission's must-carry rules. Channel 46 explains that WBPX is licensed to Norwell, Massachusetts, which is in the Boston ADI. Channel 46 states that Greater Media operates a cable television system serving Worcester and the surrounding areas, which also are within the Boston ADI. 4. Channel 46 explains that it tested WPBX's signal strength on the Worcester headend on May 28, 1997. It notes that the test failed because of a defective antenna. Channel 46 points out that on October 16, 1997, Greater Media granted WBPX permission to conduct a second signal strength test using a new antenna. In the letter granting permission for the second test, Greater Media reminded Channel 46 that the equipment that WPBX would use to measure the Station's signal strength could remain on Greater Media's tower if the test resulted in a reading of at least +3.75 dBmV. Channel 46 asserts that it conducted a successful signal strength test of WBPX's signal on the Worcester headend on November 6, 1997 and that, as a result, it requested mandatory carriage of the WBPX signal on Greater Media's Worcester system, shortly after the test reading of +24.4 dBmV was completed. According to Channel 46, on November 19, 1997, Greater Media, without any supporting data, informed the Station that it would not carry WBPX on its Worcester headend because WBPX had once again failed to "meet the +3.75 dBmV requirement." Channel 46 indicates that on November 30, 1997, WBPX contacted Greater Media to reiterate its must-carry request and to restate that the November 6, 1997 signal strength reading was of sufficient strength. Channel 46 indicates further that on January 7, 1998, Greater Media, again without any supporting data, informed Channel 46 that it did not intend to carry the WBPX signal on "our systems." Channel 46 argues that in both letters refusing carriage of WPBX on the Worcester headend, Greater Media failed to comply with the requirements of Section 76.61(a)(2) of the Commission's rules. DISCUSSION 5. We will grant Channel 46's complaint. We find that representations made by Channel 46 demonstrate that WBPX is a local full power commercial television station qualified for carriage on Greater Media's system serving Worcester, Massachusetts, and surrounding communities. Both WBPX and Greater Media are located in the same Boston ADI. Under the Commission's must-carry rules, cable operators have the burden of showing that a commercial station located in the same television market as a cable operator is not entitled to carriage. Greater Media did not file an opposition to WBPX's must- carry complaint nor did it provide Channel 46 any data to support its allegations that the November 6, 1997 signal strength test was a failure. We find that Greater Media's determination that the November 6, 1997 signal strength test was a failure is unsubstantiated. We also find that Greater Media's letters denying WPBX's must-carry rights did not comply with the requirements of Section 76.61(a)(2) of the Commission's rules. Greater Media, therefore, has not presented any evidence that WBPX is not entitled to carriage on its Worcester system. Thus, we conclude that WBPX is entitled to carriage on Greater Media's system serving Worcester, Massachusetts and the surrounding areas. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended (47 U.S.C.  534), that the complaint filed by Channel 46 of Boston, Inc. IS GRANTED. Greater Media Cable IS HEREBY ORDERED to commence carriage of television station WBPX on its cable system serving Auburn, Boylston, Dudley, Grafton, Holden, Leicester, Millburn, Northborough, Northbridge, Oxford, Paxton, Southborough, Southbridge, Spencer, Sturbridge, Upton, Webster, W. Boylston, W. Brookfield, Westborough, and Worcester, Massachusetts within sixty (60) days from the date that WBPX informs Greater Media Cable of WBPX's choice of channel position. 7. IT IS FURTHER ORDERED, that WBPX shall notify Greater Media in writing of its channel position election ( 76.57 of the Commission's rules) within thirty (30) days of the release of this Order. 8. This action is taken 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