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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 Hope Television, Inc. ) against WestArk Cable South ) ) CSR-5221-M Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: July 2, 1998 Released: July 8, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. Hope Television, Inc., licensee of Low Power Television Station KTSS-LP (Ch. 55), Hope, Arkansas has filed a must carry complaint against WestArk Cable South, for that system's failure to carry KTSS-LP on its system serving the community of Murfreesboro, Arkansas. This petition is unopposed. 2. Pursuant to 614(a) of the Communications Act of 1934, as amended, a cable system's carriage obligations includes carriage of "qualified" low power television (LPTV) stations in certain limited circumstances. Under 76.56(b)(3) of the Commission's Rules, promulgated pursuant to 614, a cable system that has insufficient full power television signals to reach its channel set aside shall carry at least one qualified low power station. Thus, if a cable system is carrying its full complement of commercial full power stations, it need not carry an LPTV station. An LPTV station that conforms to the rules established for LPTV stations in Part 76 of the Commission's Rules will be considered "qualified" only if (1) it broadcasts for at least the minimum number of hours of operation required under 47 C.F.R. Part 73; (2) it adheres to Commission requirements regarding nonentertainment programming and employment practices, (3) it complies with interference regulations consistent with its secondary status; (4) it is located no more than 35 miles from the cable system's headend and delivers to the principal headend an over-the- air signal of good quality; (5) the community of license of the station and the franchise area of the cable system are both located outside of the largest 160 Metropolitan Statistical Areas (MSA's) on June 30, 1990, and the population of such community of license on that date did not exceed 35,000; and (6) there is no full power television broadcast station licensed to any community within the county or other political subdivision (of a State) served by the cable system. 3. In its complaint, KTSS-LP states that it is an LPTV station licensed to serve Hope, Arkansas and that it meets the requirements for a "qualified" low power television station under Part 76 of the Commission's rules. It asserts that its transmitter is located within 35 miles of the principal headend for the Murfreesboro cable system, and that it provides a good quality signal at the headend. Further, KTSS- LP asserts that both Murfreesboro, the franchise area of the cable system and KTSS-LP, are located outside of the largest largest 160 MSA's. Moreover, KTSS-LP, states that its station is located in Hempstead County, Arkansas, and the Murfreesboro system is located in Pike County, Arkansas where there are no full power stations licensed to any community in Hempstead County, or Pike County, and the cable system is not carrying the maximum number of LPTV stations. KTSS-LP further states that it meets the obligations and requirements of a full power television station with respect to the broadcast of non-entertainment programming and rates involving political candidates, election issues, controversial issues of public importance, editorial, and personal attacks and equal employment opportunity. Additionally, KTSS-LP asserts that it provides various news, sports, and informational programming and children's programs, and addresses local needs not addressed by programming on area full power stations. In conclusion, KTSS-LP states that it is a qualified must-carry television station, therefore, the Commission should order WestArk Cable South to commence carriage of its signal. 4. In view of KTSS-LP's uncontested showing, we find that the station is a qualified low power television station and is entitled to carriage on WestArk Cable South's Murfreesboro, Arkansas cable system. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. 535, that the complaint filed by Hope Television, Inc. IS GRANTED and WestArk Cable South IS ORDERED to commence carriage of Station KTSS-LP within sixty (60) days of the release date of this Order. 5. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Gary M. Laden, Chief Consumer Protection and Competition Division Cable Services Bureau