WPC$ 2BJ Courier3|aTimes New Roman Bold P6G;PTimes New RomanRoom 907HPLAS5SI.PRSx  @\%CX@26KF< Z3|a"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\ S- I. A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#Xj\  P6G;ynXP##&a\  P6G;u&P#2Kh KKKI"i~'^5>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\"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\"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNM\\>>>\}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\\pBnnBb\\>g\7"yyyy\njc\}nn\y.X80,ɒX\  P6G;P7jC:,ynXj\  P6G;XP2a=5,u&a\  P6G;&P2e=5,&e4  pG;&P:% ,J:\  P6G;JPH5!,),5\  P6G;,P\0_=5,%&_*f9 xr G;&X\5hC:,%Xh*f9 xr G;XX\{,W80,%W*f9 xr G;XP:% ,1J:\  P6G;JP\0_=5,% &_*f9 xr G;&XProgram (OBJ, DLL, or SYS)WordPerfect Printer ResourceANSI Delimited Text (Wind%ANSI Generic Word Processor (Windows) Windows IconProgram (W2\7!Z$y.X80,ɒX\  P6G;P7jC:,ynXj\  P6G;XP2a=5,u&a\  P6G;&P2e=5,&e4  pG;&P:% ,J:\  P6G;JPH5!,),5\  P6G;,P\0_=5,%&_*f9 xr G;&X\{,W80,%BZW*f9 xr G;X S- X    S-  Federal Communications Commission`}(#DA 982227 ă  yxdddy P3 #&a\  P6G;u&P#Before the Federal Communications Commission  S-" Washington, D.C. 20554 ă In the Matter of:R) R) SAH Acquisition Corporation IIR) R)  S-vs.R)hCSR5267M R) Orwell Cable TV Co.R) R) Request for Mandatory CarriageR) of Television Station WOACTV,R) Canton, OhioR) T  SX-  MEMORANDUM OPINION AND ORDER TP  S-X` hp x (#%'0*,.8135@8:-ԍComplaint at 2, Exhibit 1.B and asserts that it requested mandatory carriage on the Orwell system in a letter  S - xdated March 27, 1998.H D3 yO-ԍComplaint at 1; Exhibit 1.H WOACTV claims that Orwell did not respond to the March 27th letter in  xviolation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in  S - xwriting to requests for carriage within 30 days of such requests.C vD3 yO-ԍ47 C.F.R.  76.61(a)(2).C SAH requests that the Commission order  S - xOrwell to commence carriage of WOACTV's signal on channel 67 of the cable system serving the cable communities.  S0- ` x4.` ` In opposition, Orwell recognizes that it has been formally asked to carry the WOACTV  xsignal, but contends that it has good reasons for not carrying the WOACTV signal on the Orwell system  S- xin question.8 D3 yO$-ԍOpposition at 2.8 Orwell argues that the instant Complaint is "procedurally premature," and "not ripe for FCC  S- xintervention."1 D3 {O&-ԍId.1 Orwell states that it was surprised by the Complaint because WOACTV filed it without"( ,`(`(88"  xfirst notifying Orwell of any alleged failure to carry the Station's signal, or to identify WOACTV's  xreasons why it believed Orwell was obligated to carry the Station's signal on the cable system in question,  xas required by Section 76.61(a)(1) of the Commission's rules and Section 614(d)(1) of the  S- xCommunications Act of 1934, as amended. "D3 {O- xԍId. See 47 C.F.R.  76.61(a)(1) and 47 U.S.C.  534(d)(1). The rule reads, in pertinent part: "[w]henever  xa local commercial television station ... believes that a cable operator has failed to meet its carriage ... obligations  x... such station shall notify the operator, in writing, of the alleged failure and identify its reasons for believing that the cable operator is obligated to carry the signal of such station ..."  Orwell asserts that the Complaint was the first indication  S`- xto Orwell of WOAC's discontent for the noncarriage of the Station's signal on the Orwell cable system.8 `D3 yO -ԍOpposition at 2.8  xOrwell maintains that the provisions of Section 76.61(a)(1) were designed to protect cable operators from  S-being surprised by a broadcaster filing a mustcarry complaint without first giving them any notice.1 BD3 {O -ԍId.1  S- ` ~x5.` ` Orwell explains that, using "good engineering practices," it measured the strength of the  S- xsignal WOACTV delivers to the Orwell headend.7D3 {O -ԍId. at 3.7 Orwell points out that the signal measured  x=44.75dBm, and argues that the signal "barely" meets the technical requirements of Section 76.55(c)(3) of  x[the Commission's rules, which conditions mandatory carriage on a broadcaster's ability to deliver a signal  S - x of good quality to the cable operator's principal headend.Q f D3 {O&-ԍId. See 47 C.F.R  76.55(c)(3).Q Orwell argues that even if WOACTV is  S - xentitled to mandatory carriage because it delivers a signal that "reaches the statutory minimum by a hair," D3 {O-ԍId. at 3. Section 76.55(c)(3) of the Commission's rules requires a measurement of 45dBm for UHF signals.  xthe subject matter of the instant Complaint should be resolved by the interested parties and not the  S -Commission.7 D3 {O-ԍId. at 4.7  SX- ` x6.` ` In reply, WOACTV, noting Orwell's own signal strength test results, points out that  S0- xOrwell has conceded that the Station delivers a good quality signal to the Orwell headend,90D3 yO-ԍReply at 1 and 2.9 and reiterates  xits earlier arguments that the Station meets the Commission's technical standards for mandatory carriage  xon the system in question. WOACTV notes that even though Orwell maintains that it has "good reasons"  xfor not carrying the WOACTV's signal on its Orwell headend, it has failed to enumerate those reasons.  x-WOACTV maintains that no element of surprise was involved in its decision to file the instant Complaint.  x.Rather, WOACTV asserts, such filing was the next procedural step, pursuant to Section 76.7(c)(4)(iii),  xfollowing Orwell's failure to respond to the Station's March 27, 1998 mandatory carriage request. Finally,  S-WOACTV disagrees with Orwell's conclusion that this Complaint is not ripe for FCC intervention.3D3 yOd&-ԍReply at 3.3 "<,`(`(88a"Ԍ S-ԙ( DISCUSSION ă  S- ` #x7.` ` We grant WOACTV's carriage complaint against Orwell Cable TV Co. We disagree with  x.Orwell's conclusions that the instant Complaint is premature, and not ripe for FCC intervention, or that  xWOACTV's filing of the Complaint came as a surprise to Orwell. Contrary to Orwell's assertions, we  xfind that WOACTV's mustcarry Complaint is properly before us; its filing was triggered by Orwell's  S- x=failure to respond to WOACTV's March 27, 1998 letter requesting mandatory carriage.XD3 yOx- xԍ47 C.F.R.  76.7(c)(4)(iii). This rule requires that must carry complaints be filed with the Commission within  x60 days after one of the following "triggering events": either the denial by a cable operator of a broadcaster's mandatory carriage request, or a cable operator's failure to respond within 30 days of receipt of a mustcarry request.  On that date,  xWOACTV reminded Orwell that the Station had elected mandatory carriage in October, 1996, and  S- x=inquired about Orwell's reasons for not carrying WOACTV on the Orwell cable system.=D3 yOH -ԍComplaint, Exhibit 1.= We find that  S- xythe March 27th letter complied with Section 76.61(a)(1) of the Commission's rules. WOACTV notified  xOrwell of its belief that, based on the October, 1996 mustcarry election notification, Orwell had failed  xto meet its carriage obligation, and stated the reasons for believing that Orwell is obligated to carry the  S -WOACTV signal on its Orwell system. xD3 yO8- x<ԍWOACTV stated that as a full power, local commercial station, it qualified for mustcarry status under the provisions of Sections 76.55 and 76.56 of the Commission's Rules.  S - ` x8.` ` Section 614(a) of the Communications Act requires cable operators to carry the signal of  S - xlocal commercial television stations> D3 yO-ԍ47 U.S.C.  534(a).> unless the stations fail to deliver a good quality signal to the cable  xNsystem's principal headend; the station's signal substantially duplicates the signal of another local  x.commercial station which is carried on the system; or the cable operator (with a system of more than 12  xusable activated channels) has already allocated up to onethird of the aggregate number of its usable  S- xactivated channels to other local commercial stations.` D3 {O-ԍSee Must Carry Clarification Order, 8 FCC Rcd 4142 (1993). See also 47 U.S.C.  534(b)(5) and (b)(1)(B). A local commercial television station is defined  S- xas any full power broadcast station that is within the same television market as the cable system.N D3 {Or-ԍSee 47 U.S.C.  534(h)(1)(A).N Here,  xwe find that WOACTV qualifies for carriage on the cable system in question, not only because it is  x]located in the same ADI as Orwell, but also because it delivers a good quality signal to the Orwell  Sh- xheadend, pursuant to Section 76.55(c)(3) of the Commission's rules,Ch D3 yO!-ԍ47 C.F.R.  76.55(c)(3).C which provides that an UHF  xtelevision broadcast station, able to deliver a signal level of 45dBm to a cable system's principal headend,  xis entitled to mandatory carriage on that system. Our finding is supported by the results of the signal  xstrength testing conducted by Orwell, which clearly show that WOACTV meets the statutory minimum  xtechnical standard for mandatory carriage. The 44.75dBm signal level delivered by WOACTV to the Orwell headend, which is slightly better than the statutory minimum of 45dBm, is not an impediment for its carriage. "P,`(`(88"Ԍ S- ` x9.` ` Moreover, under the Commission's mustcarry rules, cable operators have the burden of  xshowing that a commercial television station located in the same television market as the cable operator  S- xis not entitled to carriage.KD3 {O-ԍSee Must Carry Order at 2990.K In the instant case, Orwell has not met this burden. Instead, Orwell's own  xytesting has determined that WOACTV meets the statutory minimum technical requirements for carriage.  xjAnd, although Orwell claims to have "good reasons" for not carrying the WOACTV signal on its Orwell system, it has failed to name or explain them.  S- ` Ax 10.` ` Finally, concerning WOACTV's channel positioning request, we find that it has properly  xrequested carriage on channel 67 on Orwell's cable system, the same channel number on which it is  xbroadcast overtheair. Under our rules, cable operators must comply with the channel positioning  Sp-requirements absent a compelling technical reason.lpZD3 {Oj -ԍ47 C.F.R.  76.57; See Must Carry Order, 8 FCC Rcd at 2988.l  S -1 ORDERING CLAUSES  S - ` x 11.` ` Accordingly, IT IS ORDERED , pursuant to Section 614 of the Communications Act of  S - x>1934, as amended (47 U.S.C.  534), that the complaint filed by SAH Acquisition Corporation II IS  S - xGRANTED . Orwell Cable TV Co. IS ORDERED to commence carriage of television station WOAC xTV on channel 67 of its cable system serving Orwell, Ohio within sixty (60) days from the date of this  S0-Order.  S- ` ox 12.` ` This action is taken pursuant to authority delegated under  0.321 of the Commission's  S-rules.=D3 yOF-ԍ47 C.F.R.  0.321.= x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhDeborah E. Klein, Acting Chief x` `  hhConsumer Protection and Competition Division x` `  hhCable Services Bureau