******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. 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.) CSR-5222-M against Friendship Cable of Arkansas,) Inc. ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: July 15, 1998 Released: July 20, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1. Hope Television, Inc., licensee of Low Power Television Station KTSS-LP (Channel 55), Hope Arkansas, has filed a must carry complaint against Friendship Cable of Arkansas, Inc. ("Friendship"), for that system's failure to carry KTSS-LP on its system serving Lewisville, Buckner and Stamps, Arkansas. An opposition to this complaint was filed on behalf of Friendship to which KTSS-LP has replied. BACKGROUND 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. SUMMARY OF PLEADINGS 3. In support of its complaint, KTSS-LP states that it requested carriage on Friendship's cable system by letter dated November 25, 1997, but to date has received no response from the cable system. 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 it broadcasts 24 hours a day, 7 days a week, its transmitter is located within 35 miles of Friendship's principal headend, and it provides a good quality signal at the headend. Further, KTSS-LP indicates that the cable communities of Lewisville, Buckner and Stamps, the franchise area of the cable system and its own city of license are all located outside of the largest 160 MSA's. Moreover, KTSS-LP, states that there are no full power stations licensed to any community in either Hempstead or Lafayette County, Arkansas, where the station and cable system are located, and Friendship is not carrying the maximum number of LPTV stations on its cable system. KTSS-LP also maintains that it meets the obligations and requirements of a full power television station with respect to the broadcast of nonentertainment programming and rates involving political candidates, election issues, controversial issues of public importance, editorial, and personal attacks and equal employment opportunity. In addition, KTSS-LP asserts that it provides various news, sports, and informational programming and children's programs, and addresses local needs not provided in the programming of full power stations carried by the system. In conclusion, KTSS-LP argues that the Commission should order Friendship to commence carriage of its signal. 4. In opposition, Friendship argues that, despite its claims, KTSS-LP is not a qualified LPTV station. Friendship states that recent signal strength studies it performed at its Lewisville headend indicate that KTSS- LP does not provide a good quality signal. Since the station cannot overcome this statutory impediment, Friendship concludes that KTSS-LP's complaint should be dismissed. 5. In reply, KTSS-LP argues that Friendship has failed to demonstrate that its signal does not meet the Commission's signal strength criteria. KTSS-LP points out that Friendship failed to provide information regarding: a) the use of "generally accepted equipment that is currently used to receive signals of similar frequency range, type or distance from the principal headend"; b) the height of other broadcast antennas currently in place; and c) the characteristics of the equipment used in the test, such as antenna ranges and radiation patterns. Moreover, KTSS-LP maintains that the 60-foot height at which Friendship conducted its signal test is far below the level of other broadcast antennas on its tower. DISCUSSION 6. We will grant KTSS-LP's petition. According to 76.55(d) of the Commission's Rules, LPTV stations, such as KTSS-LP, are entitled to carriage on cable systems for which they meet all of the requirements contained in Part 74 of the Rules. In this instance, the only disputed qualification is the purported signal strength of KTSS-LP at Friendship's principal headend. Since the cable operator is, at the outset, in a superior position to know whether or not a given station is providing a good quality signal to the system's principal headend, we believe that the initial burden of demonstrating a lack of a good quality signal appropriately falls on the cable operator. In meeting this burden, the cable operator must show that it has used good engineering practices to measure the signal delivered to the headend. To measure a station's signal to see if it meets the Commission requirements, a 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 tests were done. While the Commission does not specify which type of antenna must be used to determine signal strength, a cable operator is required to take measurements with "generally accepted equipment that is currently used to receive signals of similar frequency range, type or distance from the principal headend. In addition, a cable operator must conduct multiple signal quality tests to ensure accurate results. Generally, if the test results are less than -51 dBm for a UHF station, we have said that at least four readings must be taken over a two-hour period. In the instant case, while the engineering test conducted by Friendship appears to establish that KTSS-LP fails to provide a good quality signal, we note that the 60-foot measurement height used by Friendship in its test of KTSS-LP's signal is apparently considerably less than that called for when compared to the normal 140-160 foot placement of antennas on Friendship's headend tower. In addition, Friendship failed to provide any information regarding antenna ranges and radiation patterns. When measured against our criteria, we conclude that the determination reached by Friendship is insufficient to demonstrate that KTSS-LP's signal is not of "good quality" at its system headend. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, that the petition filed February 24, 1998, by Hope Television, Inc. IS GRANTED pursuant to 614 of the Communications Act of 1934, as amended (47 U.S.C. 534). Friendship Cable of Arkansas, Inc. IS ORDERED to commence carriage of KTSS-LP on its cable system serving Lewisville, Buckner and Stamps, Arkansas, within sixty (60) days of the release date of this Order unless Friendship provides, within fifteen (15) days of the release date of this Order, an engineering showing which provides data, pursuant to Commission criteria, to demonstrate poor signal quality on the part of KTSS- LP. 8. IT IS FURTHER ORDERED, that KTSS-LP shall notify Friendship 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 taken pursuant to authority delegated by 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Gary M. Laden, Chief Chief, Consumer Protection and Competition Division Cable Services Bureau