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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: ) ) Paxson Communications Corporation ) ) CSR-5216-M vs. ) ) Cooney Cable Associates of Bastian L.P.) ) Request for Mandatory Carriage ) of Television Station WPXR, ) Roanoke, Virginia ) 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. Paxson Communications Corporation ("Paxson"), licensee of television broadcast station WPXR, Roanoke, Virginia ("WPXR" or "the Station"), has filed a must-carry complaint with the Commission, pursuant to Sections 76.7 and 76.61 of the Commission's rules, claiming that Cooney Cable Associates of Bastian, L.P. ("Cooney") has failed to commence carriage of WPXR on Cooney's system serving Hot Springs, Virginia and the surrounding areas in Bath County, Virginia (the "cable communities") as required by Section 614 of the Communications Act and Section 76.56 of the Commission's rules. 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. Paxson asserts that WPXR is entitled to mandatory carriage on Cooney's Hot Springs, Virginia system because WPXR is a qualified local commercial station as defined under the Commission's must- carry rules. Paxson explains that WPXR is licensed to Roanoke, Virginia, which is in the Roanoke- Lynchburg ADI. Paxson states that Cooney operates a cable television system serving Hot Springs and the surrounding areas, which also are within the Roanoke-Lynchburg ADI. Paxson contends that because WPXR is located within the same ADI as Cooney's, it is entitled to carriage. Paxson asserts that it requested mandatory carriage of WPXR on Cooney by letter dated December 4, 1997. According to Paxson, the letter included a commitment by Paxson to acquire and install any improvements and equipment needed to provide Cooney with a good quality signal. Paxson claims that Cooney did not respond to the December 4, 1997 letter in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. Paxson requests that the Commission order Cooney to commence carriage of WPXR's signal on channel 38 of the cable system serving the cable communities. DISCUSSION 4. We will grant Paxson's complaint. We find that representations made by Paxson demonstrate that WPXR is a local full power commercial television station qualified for carriage on Cooney's system serving Hot Springs, Virginia, and the surrounding areas in Bath County. Both WPXR and Cooney are located in the same ADI of Roanoke-Lynchburg. 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. Cooney did not file an opposition to WPXR's must-carry complaint nor did it respond within 30 days to Paxson's letter requesting carriage of WPXR as required by the Commission's rules. Cooney, therefore, has not presented any evidence that WPXR is not entitled to carriage on its system. Furthermore, although the record does not show whether WPXR delivers a good quality signal to Cooney's Hot Springs headend, Paxson has made a commitment to acquire and install any and all necessary improvements and equipment needed to provide Cooney with such a signal. We conclude that WPXR is entitled to carriage on Cooney's system serving Hot Springs, Virginia and the surrounding areas in Bath County, Virginia. ORDERING CLAUSES 5. 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 Paxson Communications Corporation IS GRANTED. Cooney Cable Associates of Bastian L.P. IS ORDERED to commence carriage of television station WPXR on its cable system serving Hot Springs, Virginia and the surrounding areas in Bath County, Virginia within sixty (60) days from the date that WPXR informs Cooney Cable Associates of Bastian L.P. of WPXR's choice of channel position. 6. IT IS FURTHER ORDERED, that WPXR shall notify Cooney in writing of its carriage and channel position elections (.57 of the Commission's rules) within thirty (30) days of the release of this Order. 7. 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