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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 the Matter of: ) ) Complaint of Paxson Communications Corporation ) CSR-5263-M against Summit Cablevision ) ) for Carriage of KWPX-TV, Bellevue, Washington ) MEMORANDUM OPINION AND ORDER Adopted: October 27, 1998 Released: October 29, 1998 By the Acting Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1. Paxson Communications Corporation ("Paxson"), licensee of television broadcast station KWPX-TV, Bellevue, Washington, has filed a must-carry complaint requesting that the Commission order Summit Cablevision ("Summit"), operator of cable television systems providing cable service in Port Townsend, Duvall, and Lake Ames, Washington, and surrounding areas, to commence carriage of KWPX- TV. Summit opposed the complaint, and Paxson has replied. 2. Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992 (Report and Order in MM Docket 92-259) ("Must Carry Order"), 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. 3. Under the Commission's must-carry rules, cable operators have the burden of showing that a commercial station that is located in the same television market is not entitled to carriage. One method of doing so is for a cable operator to establish that a subject television station's signal, which would otherwise be entitled to carriage, does not provide a good quality signal to a cable system's principal headend. Should a station fail to provide the requisite over-the-air signal quality to a cable system's principal headend, it still may obtain carriage rights because under our rules a station may provide a cable operator with specialized equipment, at the station's expense, which will improve the station's signal to an acceptable quality at a cable system's principal headend. 4. In its complaint Paxson asserts that KWPX-TV is entitled to mandatory carriage on Summit's cable systems serving Port Townsend, Duvall, and Lake Ames, Washington and surrounding areas. In support of this assertion, Paxson states that KWPX-TV is licensed to Bellevue, Washington, within the Seattle, Washington ADI and that Summit's systems serving the communities are also within the Seattle ADI. Paxson also asserts that Summit's carriage of KWPX-TV will not increase copyright liability for Summit. Paxson asserts that it attempted to work with Summit to demonstrate that KWPX-TV delivers a good quality signal to the principal headends of those cable systems, and that in the event KWPX-TV does not deliver a good quality signal over Summit's principal headends serving the Communities, it commits to acquire and install any and all equipment necessary to deliver a good signal to those headends. 5. In opposition, Summit states that signal level tests that have been taken show, and that Paxson has conceded that KWPX-TV fails to deliver a good quality signal to the headends of its cable systems. In a reply filed September 30, 1998, Paxson confirms that KWPX-TV does not currently provide a signal of the requisite strength to Summit's cable systems principal headends. Paxson states that it has filed an application with the Commission for authority to construct a new main transmitter for KWPX-TV at a different location. Paxson expresses confidence that the proposed new transmission facility will provide a substantially improved signal to Summit's cable systems and will deliver a good quality signal to Summit's cable systems' headends, and requests the Commission to approve its request for carriage. 6. Paxson's complaint is denied. Paxson concedes that KWPX-TV does not deliver a good quality signal to the principal headends of Summit's cable systems and thus failed to establish that KWPX- TV, utilizing current facilities, is a "local" station entitled to carriage on Summit's cable systems. We believe it premature to address the matter of whether a proposed and unbuilt station is a "local" station for must-carry purposes. Paxson may utilize the Commission's must carry procedures, if necessary, to seek carriage on Summit's cable systems when KWPX-TV commences operations utilizing the proposed new facilities. ORDERING CLAUSES 7. 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 in File No. CSR 5263-M IS DENIED. 8. This action is taken pursuant to authority delegated under Section 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Acting Chief Consumer Protection and Competition Division Cable Services Bureau