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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:I\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>\>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\nBnnBmgg>Q\7"yyyy\njc\gnn\"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\nBnnBsgg>\\7"yyyy\nlc\gnn\2T0K('Ks)K+K ."i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%7%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lBTn(nBB(AZZ>>n%07\n!"IIIITTenn7TnB@;7>lBBn7"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\nBnnBb\\>g\7"yyyy\njc\}nn\2\0FZ3y.X80,ɒX\  P6G;P7jC:,ynXj\  P6G;XP7nC:,(>(IIt""Ԍ S-  3ԙ6.` ` River Valley also argues in reply that its carriage complement of commercial broadcast  S-  stations reflects selection of the closer network affiliate from the two markets that its system serves.XQ yO@-  ԍ#C\  P6QɒP#River Valley states that carriage of the WilkesBarre ABC affiliate in lieu of the closer ABC affiliate from   Altoona is the exception, and that this decision was based on signal strength tests which reflected a stronger signal  yO-from the WilkesBarre affiliate.#K\  P@QɒP#ѭ   .River Valley contends that of all the local commercial stations carried on the system, WTAJTV has the   =strongest local presence, in that its Altoona community of license is closest to the system's headend and   provides the strongest signal at the headend. According to River Valley, WTAJTV is the only station   listed as either significantly viewed in both Clinton and Centre counties or that places a Grade B signal   over its system. River Valley contends that if the Bureau's decision mandating carriage of WYOUTV   =remains in effect, the cable operator will be forced into one of two options, neither of which benefits the   system's subscribers. River Valley states that it can either add WYOUTV by dropping a more diverse   nonbroadcast channel, in contravention of the intent of the Commission's signal duplication policy, or   by dropping WTAJTV, which is the closer CBS affiliated station. River Valley emphasizes that WTAJ  =TV has been carried on the system for at least two decades and that WYOUTV has not been carried for   at least two decades. River Valley concludes that by allowing the system's current carriage to continue,   the Commission will protect the system and its subscribers from needless duplication, from a reduction in diversity of programming, and from disruption of longstanding carriage and viewing habits. ` `  S -@ DISCUSSION ă  S0-  7.` ` We will grant River Valley's petition for reconsideration and reverse our earlier decision.   Although we are not convinced that River Valley acted judiciously in failing to respond to Nexstar's must   carry complaint, it does appear that the petition for reconsideration presents new facts which must be   considered pursuant to the public interest standard of Section 1.106 of the Commission's rules. Our earlier  S-  decision was based on the facts before us in that matter, i. e., that WYOUTV was located in the same   \ADI as the subject cable system, and that WTAJTV, although located closer to the system, was not   located in the system's ADI. The facts as presented on reconsideration demonstrate that River Valley's   cable television system covers communities located in two ADIs, and that WTAJTV is the closer of two   duplicating network affiliates within the system's markets. In addition, WTAJTV has been carried on   jthe system for two decades, supplies the system's headend with its strongest broadcast signal, and is the only station deemed significantly viewed in both counties or that places a Grade B signal over the system..  SR-  8.` ` Section 614(a) of the Communications Act states that each cable operator shall carry the  S*-  signals of local commercial television stations.*Q {O-ԍ#C\  P6QɒP#See 47 U.S.C. 534(a).#K\  P@QɒP#ѕ A local commercial television station is defined as any  S-  full power broadcast television station that is within the same television market as the cable system. zQ {O"-ԍ#C\  P6QɒP#See 47 U.S.C. 534(h)(1)(A).#XP\  P6QynXP#ћ  S-  However, a cable operator is not required to carry the signal of a local commercial station if the signals   of more than one local station affiliated with the same broadcast network are deemed to be in the cable  S-  .system's market.  Q {O6&-ԍ#C\  P6QɒP#See 47 U.S.C.  534(b)(5).#K\  P@QɒP#љ In Implementation of the Cable Television Consumer Protection and Competition Act  Sd-  of 1992: Broadcast Signal Carriage Issues, Report and Order in MM Docket 92259, the Commission"d ,>(>(II"   stated that if an operator elects to carry the signal of only a single affiliate of a broadcast network, it is   Mobligated to carry the affiliate from within the market whose city of license is closest to the principle  S-headend of the cable system. Q yO-ԍ#C\  P6QɒP# 8 FCC Rcd 2965 at 2981 (l993).#K\  P@QɒP#ћ  S`-  _9.` ` It appears on reconsideration that both WYOUTV and WTAJTV are located in markets   served by Valley Cable's system, and that WTAJTV is located closest to the principal headend of the   \system. It is clear where a cable system serves one market and two broadcast stations with the same   >network affiliation are deemed local to that system, the cable operator is obligated to carry the closer   Lstation, to the exclusion of the more distant broadcaster at the cable operator's option. In this matter, we   believe that River Valley should not be required to carry duplicating network affiliates where its system   kcovers two ADIs. Based on the record before us, and absent compelling evidence to the contrary, we   kbelieve it appropriate for River Valley to carry WTAJTV because of its nexus to the particular cable markets served in this matter.  S -1' ORDERING CLAUSES ă  S -  10.` ` Accordingly, IT IS ORDERED that, pursuant to 614 of the Communications Act of   1934, as amended, 47 C.F.R. 534, and 76.56(b)(5) of the Commission's rules, 47 C.F.R. 76.56(b)(5),  S0-the petition for reconsideration filed by River Valley Cable TV, Inc. IS GRANTED.  S-  ~11.` ` This action is taken pursuant to authority delegated by 0.321, 47 C.F.R. 0.321 of the Commission's rules.  8%S ` `  hh,Vpp  xx- X(#(#` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,V ` `  hh,William H. Johnson ` `  hh,Deputy Chief, Cable Services Bureau "xX ,>(>(II"