******************************************************** 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 the Matter of: ) ) Complaint of D P Media License of) CSR-5283-M Battle Creek, Inc. against Nova Cable) Management ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: November 24, 1998 Released: November 30, 1998 By the Acting Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1. D P Media License of Battle Creek, Inc., licensee of Station WZPX(TV) (Ch. 43), Battle Creek, Michigan, has filed a must carry complaint against Nova Cable Management for its refusal to carry the signal of Station WZPX(TV) on its system serving Maple Rapids and Clinton County, Michigan, and the surrounding environs. No opposition has been received. BACKGROUND 2. Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in its Implementation of the Cable Television Consumer Protection and Competition Act of 1992 ("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 Arbitron audience research organization. SUMMARY OF ARGUMENTS 3. In support of its request, WZPX(TV) states that it is licensed to Battle Creek, Michigan, and had filed a petition requesting modification of the television market for its station for the purposes of the cable television mandatory broadcast signal carriage which was granted by the Commission. WZPX(TV) states that it notified Nova Cable Management by certified letter dated April 15, 1998, of the decision and requested carriage on Nova Cable Management's system serving Maple Rapids and Clinton County, Michigan. The letter was received and signed for on April 20, 1998. WZPX(TV) argues that Battle Creek, its city of license, is located within the Battle Creek ADI as is the cable system served by Nova Cable Management. WZPX(TV) maintains that it is therefore entitled to carriage so long as such carriage does not cause increased copyright liability for the cable operator and delivers a signal of good quality to the cable system's principal headends. WZPX(TV) points out that since it is within the same ADI as the instant cable communities, no increased copyright liability will occur. Moreover, should Nova Cable Management be unable to receive a good quality signal, WZPX(TV) indicates that it will pay for any inprovements and installation of new equipment necessary to ensure that a good quality signal is received at Nova Cable Management's principal headends. In light of the above, WZPX(TV) requests that the Commission order Nova Cable Management to fulfill its statutory must carry obligations and commence carriage of its signal. DISCUSSION 4. We grant WZPX(TV)'s complaint. We find that the unrebutted representations made by WZPX(TV) demonstrate that it is a local full-power commercial television station qualified for carriage on Nova Cable Management's Maple Rapids and Clinton County, Michigan cable systems. 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 as a cable operator is not entitled to carriage. Nova Cable Management and WZPX(TV) are both located in the Battle Creek, Michigan ADI. Nova Cable Management did not file an opposition to WZPX(TV)'s complaint. Moreover, WZPX(TV) has offered to provide any specialized equipment necessary to Nova Cable Management to ensure the receipt of a good quality signal at the cable systems's headends. In addition, WZPX(TV) has stated that it will bear the costs of installing such equpment. The Commission has stated that amplifiers and other equipment may be employed to deliver a good quality signal to a cable system headend. The Commission, in the Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues ("Must Carry Clarification Order"), after re-emphasizing that it was television station's obligation to bear the costs associated with delivering a good quality signal to the system's principal headend stated: This may include improved antennas, increased tower height, microwave relay equipment, amplification equipment and tests that may be needed to determine whether the station's signal complies with the signal strength requirements.... WZPX(TV), by committing to provide specialized equipment, satisfies its obligation to bear the costs associating with delivering a good quality signal to Nova Cable Management's principal headends. Consequently, we order Nova Cable Management to carry WZPX(TV)'s signal at the time the station delivers a signal of good quality. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, that the petition filed July 15, 1998, by D P Media of Battle Creek, Inc. IS GRANTED pursuant to 614(d)(3) of the Communications Act of 1934, as amended, (47 U.S.C. 534). Nova Cable Management IS ORDERED to commence carriage of WZPX(TV) on its Maple Rapids and Clinton County, Michigan cable systems sixty (60) days from the date that WZPX(TV) provides a good quality signal at Nova Cable Management's principal headends. 6. IT IS FURTHER ORDERED that WZPX(TV) shall notify Nova Cable Management 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 providing a good quality signal. 7. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Acting Chief Consumer Protection and Competition Division Cable Services Bureau