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It is not"v# ,p(p(88:""Ԍthe Committee's intention that these provisions be used by cable systems to manipulate their carriage obligations to avoid compliance with the objectives of this section. Further, this section is not intended to permit a cable system to discriminate among several stations licensed to the same community. Unless a cable system can point to particularized evidence that its community is not part of one station's market, it should not be permitted to single out individual stations serving the same area and request that the cable system's community  S'be deleted from the station's television market.] g  yOP'ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 9798 (1992).]  S' e 7. ` ` In adopting rules to implement this provision, the Commission indicated that requested  xchanges should be considered on a communitybycommunity basis rather than on a countybycounty  xbasis, and that they should be treated as specific to particular stations rather than applicable in common  S ' xQto all stations in the market.H Xg  yO'ԍ8 FCC Rcd at 1977 n. 139. H The rules further provide, in accordance with the requirements of the 1992  S 'Cable Act, that a station not be deleted from carriage during the pendency of an ADI change request.< g  yO'ԍ47 C.F.R. 76.59.<  S ' III. THE PLEADINGS  SX' e W8. ` ` The cable system in question is located in Gloucester County, New Jersey and is part of  xthe Philadelphia, Pennsylvania ADI. Reading, Pennsylvania, the city of license of WTVE, is also part of the same ADI and is approximately 54.5 miles from the cable system's principal headend.  S' e  9. ` ` In support of its petition, Comcast states that WTVE has never been carried on its system,  xdespite having been ontheair since 1980. Comcast argues that this fact demonstrates that its cable  xcommunities are not part of WTVE's true market. Secondly, Comcast states that none of the communities  S@' xDit serves fall within WTVE's Grade B contour.i X@xg  yOX' x ԍPetition at Exhibit 3. Comcast notes that WTVE has a pending construction permit for new tower facilities  x^ that would potentially enable it to provide Grade B coverage to the communities. However, it maintains that, due to zoning problems, the proposed construction is highly speculative.i Of those communities requested for exclusion, Comcast  xpoints out that all are geographically distant from WTVE's city of license at anywhere from 49 to 65  x"miles. Comcast states that these distances are similar to or exceed those found to justify previous  S' xmodification requests.N\g  {O!' x ԍSee, e.g., Greater Worcester Cablevision, Inc., et al., 13 FCC Rcd 22220 (1998)(39 to 70 miles); Greater  {O!' xx Worcester Cablevision, Inc., 12 FCC Rcd 17347 (1997)(38 to 61 miles); and Time Warner Cable, 12 FCC Rcd 23249 (1997)(42 to 58).N Moreover, Comcast states that in a previous decision involving WTVE and  xsimilarlysituated communities, the Commission granted the modification request where the average  Sx'distances were 43 to 75 miles.ax g  {O%'ԍSee Garden State Cable TV, 12 FCC Rcd 18226 (1997).a "PN ,p(p(88"Ԍ S' e JԊ 10. ` ` Third, Comcast argues that WTVE provides little or no local programming to the instant  xcommunities and the programming it does provide, primarily religious, home shopping and Spanish xlanguage, does not appear to have any specific nexus to the communities at issue. Comcast states that this  S' xlack of nexus is emphasized by the fact that the television listings for the Philadelphia Inquirer and the  Sb' xGloucester County Times do not include WTVE. In any event, Comcast asserts that its system subscribers  xare provided with extensive and more focused coverage of local news and events through the numerous  S' x7other Philadelphiamarket stations it does carry.>Ԉ yO|'ԍPetition at Exhibit 2.> Comcast maintains that even if WTVE were to provide  xprogramming of local interest to the system's communities, such programming would be undermined by  xthe coverage the other local stations provide. Finally, Comcast argues that WTVE has no measurable ratings in Gloucester County, in which the communities are located.  SL ' e  11. ` ` In opposition, WTVE argues that the case for mandatory carriage of WTVE on Comcast's  xsystem is considerably more compelling than that of similarlysituated WFMZTV (Ind., Ch. 69),  xDAllentown, Pennsylvania, against which Comcast's arguments were rejected by the Commission less than  S ' xxtwo years ago.$ XԈ {O' x; ԍSee Maranatha Broadcasting Company, Inc. v. Comcast Cablevision of Burlington County, Inc. and Comcast  {O' x Cablevision of Gloucester County, Inc. et al., 13 FCC Rcd 1629 (1997)(request to exclude WFMZTV from cable  x communities located in Gloucester and Burlington Counties, New Jersey denied due to carriage of station on other nearby systems and WFMZTV's imminent increase in its Grade B contour). WTVE states that for ten years prior to November 1, 1996, it broadcast Home Shopping  xNetwork programming almost exclusively. From November 1996 until June 1, 1998, WTVE states that  xit aired a mix of approximately 70 hours weekly of informational longform advertising provided by a  xsubsidiary of Paxson Communications and approximately 98 hours weekly of news, sports, religious  xprogramming and entertainment. Since June 1998, however, WTVE states that it has become the only  xpHispanic television station in the Philadelphia television market which is an affiliate of Telemundo, a  xnational network which provides a broad array of entertainment, sports, news and children's programming  S' xin the Spanish language.DԈ yO' x ԍOpposition at 2. WTVE states that it also augments its network programming with locallyproduced Hispanic news and public affairs programming. WTVE points out that the Philadelphia DMA is the 4th largest market and the 18th largest Hispanic market in the United States.  SD' e O 12. ` ` WTVE points out that it is carried on virtually every cable system in southeastern  xZPennsylvania, including all systems serving Philadelphia and Delaware counties and reaches the homes  S' x*of approximately 1.3 to 1.4 million subscribers in Pennsylvania and Delaware.8Ԉ yO0 'ԍOpposition at 3.8 Moreover, WTVE states  x/that it has entered into an agreement with Suburban Cable Television, operator of cable systems in  xPennsylvania, Delaware and New Jersey, that it will be carried on all of Suburban's system on a  x3negotiated rollout schedule within the next 3 1/2 years. WTVE states that Gloucester County, where  xQComcast provides cable service, is a suburban county lying along the Delaware River across from central  xPhiladelphia and Delaware County, Pennsylvania, and the communities Comcast serves range from 8 to  x20 miles from downtown Philadelphia. Indeed, WTVE indicates that not only is Gloucester County  xdefined by Nielsen as part of the metro area of Philadelphia, but the Commission in its decision in", ,p(p(88"  S' xMaranatha Broadcasting stated that "[v]irtually all of the communities in question [which are part of the  S'Comcast system] are situated along the Delaware River, clustered together just across from Philadelphia."EԈ yOB'ԍ13 FCC Rcd 1629, 1639 (1997).E  S' e ( 13. ` ` WTVE argues that within Comcast's principal system communities, the Hispanic  xpopulation ranges anywhere from 1.4 percent to 8 percent and current demographic data shows that nearly  S:' x2800 of the 104,000 residents are Hispanic.:XԈ yO2' x ԍOpposition at 4. WTVE indicates that out of a total population of 208,378 residents in Gloucester County, 13,934 are Hispanic. WTVE states that the overall growth of Gloucester County's  xHispanic population since 1990 has been comparable to the nation's (i.e., 34.6% countywide; 36.7%  xnationwide). Despite this fact, WTVE states that Comcast currently provides no Hispanic television or cable programming.  Sr' e J 14. ` ` With regard to the modification factors, WTVE states that Comcast correctly points out  x^that it has no historic carriage on Comcast's system or on neighboring systems. However, WTVE argues  xthat this fact has little significance since the Commission has properly taken the view that "historical  xcarriage should not be given great weight in the context of a deletion request. . . To do so would tend to  xdefeat the underlying purposes of the carriage requirements. . .[and] would, in effect, prevent weaker or  S ' xxnewer stations that cable systems had previously declined to carry, from ever being carried." Ԉ {O'ԍSee Time Warner EntertainmentAdvance/Newhouse Partnership, 1997 FCC Lexis 5045 at 2425. Moreover,  xWTVE states that it should be noted that during the period when it broadcast home shopping, it was  xconsidered a moredistant duplicating station to another home shopping station carried by Comcast and therefore could not be carried.  S' e W15. ` ` While WTVE agrees that it does not provide a Grade B signal to Comcast's system from  xpits present headend site in Reading, it states that it holds a construction permit for a new tower and  xtransmitter facility at Fancy Hill, Pennsylvania, which is about 11 miles east of Reading. From this site,  Sj' x7WTVE states that it will be able to provide a Grade B contour over Comcast's system.@jBԈ yOL'ԍOpposition at Exhibit 3.@ WTVE indicates  xZthat it has already prevailed before the Pennsylvania court of appeals and the state supreme court in its  xefforts to secure zoning rights for its new transmitter and will soon have a final trial to resolve the issue.  xIn addition, WTVE indicates that by using the more accurate LongleyRice method of calculating  S' xpredicted coverage, its coverage currently extends considerably beyond Comcast's communities.@Ԉ yO< 'ԍOpposition at Exhibit 4.@ WTVE  x argues that since the Commission generally takes into account a station's plans to upgrade facilities in  x@determining its coverage for market modification matters, WTVE's construction permit to construct a  xtower at Fancy Hill should be given full credit, despite Comcast's attempts to second guess Pennsylvania  S*' xzoning laws.\*b Ԉ {O,%'ԍSee Maranatha Broadcasting, 13 FCC Rcd 1636. \ In addition, WTVE states that a recentlyconducted signal strength test indicates that it can  S'deliver a good quality signal to Comcast's principal headend.@ Ԉ yO''ԍOpposition at Exhibit 5.@" ,p(p(88N"Ԍ S' e ,ԙ16. ` ` Further, WTVE states that it not only provides programming of particular interest to  xGloucester County's Hispanic residents, but such programming is unique in the Philadelphia television  x3market. Along with network programs, WTVE states that it also provides Hispanic news, "The Alicia  xShow" which is the only Hispanic fulllength television program produced in the Philadelphia market,  xspecial events programming, a nonHispanic program featuring local African American and Hispanic  xmusicians, artists and poets, gospel programming, and spanishlanguage versions of Nickelodeon children's  xprogramming. WTVE points out that its programming has been praised by the elected officials of Camden  S'County, which lies just north of Gloucester County.@Ԉ yOP'ԍOpposition at Exhibit 6.@  S' e 17. ` ` While Comcast alleges that its subscribers receive abundant local coverage through the  xMnumerous Pennsylvania and New Jersey stations it currently carries, WTVE argues that none of those  x*stations does so in the Spanish language or provides the emphasis on ethnic and Black minorities. Finally,  xwith regard to viewing patterns in Gloucester County, WTVE points out that, despite Comcast's assertions,  S ' xWTVE is listed in the both the Philadelphia Inquirer and the Philadelphia News. In addition, WTVE  x&maintains that the fact that it can cite no studies showing that it is viewed by noncable subscribers is  xhardly probative in a situation where Comcast's cable system enjoys 83% cable penetration in Gloucester County.  S2' e 18. ` ` In reply, Comcast argues that the fourpart test for market modification fully supports the  xinstant request and WTVE fails to rebut its demonstration that the cable system communities should be  S' xIdeleted from WTVE's market. Moreover, Comcast maintains that WTVE's reliance on Maranatha  S' xDBroadcasting is misplaced.XԈ {O' x ԍComcast points out that it objected to the Commission's decision in Maranatha Broadcasting and filed a petition for reconsideration. In that decision, Comcast points out, the Commission relied on the fact that  xQthe station was carried on cable systems serving adjacent cable communities and that the station provided  xgevidence of specificallytargeted programming to the counties in which the communities were located.  x*In this instance, however, Comcast states that WTVE does not provide sufficient local programming and  x7aside from the station's carriage in cable communities located across the Delaware River in Pennsylvania,  xMWTVE does not demonstrate significant carriage in Gloucester County or surrounding communities in New Jersey.   S~' e 19. ` ` Comcast argues that WTVE all but ignores the Commission's decision in Garden State  SX' xCable which modified WTVE's market to exclude similarlysituated communities in Burlington, Camden,  S2' xGloucester and Salem Counties, New Jersey.@2Ԉ yO 'ԍ12 FCC Rcd 18226 (1997).@ Comcast states that it is significant that Garden State Cable  S ' x@was issued after the Maranatha Broadcasting decision and the only changed circumstances from that  xdecision was the change in WTVE's programming from home shopping to spanishlanguage programming.  x3Comcast maintains, however, that WTVE's new programming format fails to target the specific cable  xcommunities herein. Since WTVE has no local nexus with the cable communities, is geographically  x7remote and places no Grade B contour, Comcast asserts that allowing carriage on its cable system would  xconstitute an unwarranted commercial windfall for WTVE by extending its viewership beyond the area it reaches from its offair transmission. " B,p(p(88"Ԍ S' e =20. ` ` Comcast states further that while WTVE tries to downplay the importance of its lack of  xthistoric carriage, the Commission has consistently held that historical carriage will be considered along  S' xwith the other three factors.]Ԉ {O'ԍSee Time Warner Cable, 12 FCC Rcd 23249 (1997).] Because WTVE also fails to comply with the other modification criteria,  xComcast maintains that this factor weighs heavily in favor of deleting the system communities from  xMWTVE's market. In addition, Comcast argues that the fact that WTVE still faces a "trial" to secure its  xzoning rights for its new transmitter makes it clear that WTVE's claims in this area are still speculative.  xVIn any event, Comcast points out that the Commission has rejected attempts in the past by stations  S' xattempting to gain credit in advance for pending facilities upgrades.oZԈ {O 'ԍSee Greater Worcester Cablevision, Inc., 13 FCC Rcd 22220 (1998).o Finally, Comcast asserts that,  xdespite the signal strength test provided by WTVE, it is unlikely that the station is able to provide an  xIadequate offair signal in individual households within the cable communities, which is the relevant  Sp'inquiry in market modification cases, since that helps to further define the station's actual market reach. "pԈ {O ' x* ԍSee Costa de Oro Television, Inc., 13 FCC Rcd 4360, 4374 (1998)(The Commission denied a station's request  x to expand its market to include communities that fell within the station's predicted Grade B contour, because signal  x strength studies performed at cable operators' headend facilities helped to demonstrate that the station did not provide an actual offair signal to the communities at issue.).  S ' IV. DISCUSSION  S ' e 21. ` ` We grant Comcast's modification request. Based on geography and other relevant  xinformation, we believe that the cable system herein is sufficiently removed from WTVE that the communities ought not be deemed part of the station's market for mandatory carriage purposes.  S0' e 22. ` ` As an initial matter, we note that, according to the legislative history of the 1992 Cable  xAct, the use of ADI market areas is intended "to ensure that television stations be carried in the same areas  S' xwhich they service and which form their economic market."Z!Ԉ yOV'ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).Z Changes may be sought and granted by the  S' xgCommission "to better effectuate the purposes" of the mandatory carriage requirements.="f Ԉ yO'ԍ47 U.S.C. 534(h).= The market  xchange process incorporated into the Communications Act, however, is not intended to be a process  xgwhereby cable operators may seek relief from the mandatory signal carriage obligations apart from the  xquestion of whether a change in the market area involved is warranted. When viewed against this  xbackdrop and considering all of the relevant factual circumstances in the record, we believe that Comcast's  x@deletion petition appears to be a legitimate request to redraw ADI boundaries to make them congruous  xZunder the 1992 Cable Act and the Commission's rules, and do not evidence a pattern of discriminatory conduct against the station.  SP' A. Historic Carriage  S' e =23. ` ` WTVE began operation in 1980. Despite being ontheair for 19 years, it has no history  xQof carriage on Comcast's Gloucester County system. Given the statutory directive, weight must be given" ",p(p(88+"  xto this factor, but that must be done bearing in mind that the objective of the Section 614(h) process is  x@to "better effectuate the purposes" of the broadcast signal carriage scheme. Thus, with respect to the  x question of historical carriage patterns, attention must be paid to the circumstances from which such  xgpatterns developed. Some stations have not had the opportunity to build a record of historical carriage  xfor specific reasons that do not necessarily reflect a judgment as to the geography of the market. We note  xxhere, however, that WTVE has been broadcasting for many years. It is also undisputed that WTVE is not  x7carried by any other nearby cable systems serving Gloucester County. Carriage of the station at issue on  xnearby cable systems is not a factor specified in the statute, but it does seem likely, depending on the  x7specific circumstances involved, that such carriage could serve as evidence to define the logical scope of  S' x7a station's market.p#Ԉ {O 'ԍSee Fouce Amusement Enterprises, Inc., 10 FCC Rcd 668, 671 (1995).p In the instant case, the fact that WTVE is not carried by other nearby cable systems  xin Gloucester County is a further indication that there is no market nexus between WTVE and the  SH 'communities at issue.q$H ZԈ {OB ' x ԍIn Maranatha Broadcasting, 13 FCC Rcd 1629 (1997), the Commission denied Comcast's request to delete the  x. same Gloucester County communities from the market of Station WFMZTV (Ind., Ch. 69), Allentown, Pennsylvania  x (CSR4928A). The WFMZTV case can be distinguished here because weighing against grant of the WFMZTV  x petition, among other factors, was evidence relating to cable carriage of WFMZTV in other adjoining communities. There is currently a pending petition for reconsideration in this matter.q  S ' B. Grade B Coverage/Local Service  S ' e 24. ` ` A station's local service to cable communities is one of the relevant factors to consider  x that is not influenced by the type or age of the station involved or historical carriage. Service may be  x<measured through geographic means: by examining the distance between the station and the cable  xcommunities subject to the deletion request and taking into account natural phenomena such as waterways,  xmountains and valleys which tend to separate communities. A station's broadcast of local programming,  x*which has a distinct nexus to the cable communities, is also evidence of local service. Finally, a station's  x&Grade A or Grade B contour coverage is an additional indicator of local service and we will weigh the  S' xtpresence or absence of such technical coverage accordingly.W% Ԉ yO<' x ԍAs a general matter, Grade B coverage demonstrates service to cable communities and serves as a measure of  {O' x< a station's natural economic market. See Broadcast Signal Carriage Issues, 8 FCC Rcd at 2977. See also  {O' xU Amendment of Section 76.51 (OrlandoDaytona BeachMelbourne, and Cocoa, Florida), 102 FCC 2d at 1070 ("We  x believe that television stations actually do or logically can rely on the area within their Grade B contours for economic support.").W In the instant case, we do not find that  xWTVE, which broadcasts primarily Spanishlanguage programming, currently provides local programming  xspecifically directed to the subject communities. While the programming that it does offer can be  x7considered to be of general interest to the ADI's Hispanic population as a whole, neither it nor the locally xDproduced programming WTVE cites in its opposition is claimed to be specifically relevant to the Comcast communities.  Sx' e  25. ` ` In addition, the cable communities in question lie outside of WTVE's predicted Grade B  xcontour and are, on average, approximately 54 miles from WTVE's city of license. We note that WTVE  xhas a pending construction permit to relocate its transmitter site from Reading, Pennsylvania to Fancy Hill,  xPennsylvania, and that its proposed Grade B contour from the Fancy Hill site would apparently encompass  xComcast's system communities. However, due to the fact that WTVE has been unable to finalize its" %,p(p(88"  xzoning rights with the State of Pennsylvania regarding this relocation, and the pendency of the  xconstruction permit with the Commission, the proposed new Grade B contour is only an eventuality. In  xDthe past, in deciding ADI modification requests, we have considered the fact that broadcast stations were  xin the process of upgrading their facilities. In the instant case, however, the completion of the upgrade  xprocess is uncertain due to WTVE's inability to state approval for its zoning rights to its new transmitter site.  S' e 26. ` ` Further, upon review, we do not agree with WTVE that the LongleyRice propogation  xxstudy presented justifies its argument that it provides a Grade B or better signal to the communities herein.  xWhile there appears to be some Grade B coverage in areas beyond the Gloucester County communities,  xkit appears spotty at best and there is no evidence of any Grade B coverage in the immediate vicinity where  xComcast's system is located. Adding this factor to WTVE's lack of historic carriage, lack of programming and lack of viewership, we conclude that it cannot be used to justify a denial of Comcast's request.   S ' C. Carriage of Other Stations  S ' e 27. ` ` We also believe that Comcast's carriage of other local television stations provides support  xDfor the action requested. Where a cable operator is seeking to delete a station's mandatory carriage rights  xin certain communities, the issue of local coverage by other stations becomes a factor to which we will  xgive greater weight than in cases where a party is seeking to add communities. In this case, the  xPennsylvania and New Jersey stations carried by Comcast appear to have a closer nexus to the Gloucester County cable system.  Sh' D. Viewership  S' e z28. ` ` Comcast also shows that WTVE has no audience in Gloucester County, New Jersey.  xMoreover, the A.C. Nielsen 1997 County/Coverage Survey for Gloucester County does not even list  xWTVE. While we note that the Commission has recognized that specialty stations, such as WTVE,  x*typically attract limited audiences, this dearth of viewership is of evidentiary significance when combined with the lack of both historical carriage and Grade B coverage.  S(' Summary  S'  S' e  29. ` ` We have carefully considered each statutory factor in the context of the circumstances  xpresented here. Given the evidence as to the lack of Grade B coverage, the lack of viewership in  xGloucester County, the lack of carriage of WTVE by any other cable system in this county, and the  xkminimal local programming, we conclude that it is logical and consistent with the objective of Section 614  xcof the Communications Act to delete Comcast's cable system from WTVE's market for mandatory carriage purposes.  S!' "& %,p(p(88%"Ԍ S'&|V. ORDERING CLAUSES  S' e 30. ` ` Accordingly, IT IS ORDERED , pursuant to Section 614(h)(1)(C) of the Communications  xAct of 1934, as amended (47 U.S.C. 534(h)(1)(C)), and Section 76.59 of the Commission's rules (47  xC.F.R. 76.59), that the petition for special relief filed by Comcast Cablevision of Gloucester County, Inc.  S8' IS GRANTED.  S' e 31. ` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's  S'rules.<&Ԉ yO( 'ԍ47 C.F.R. 0.321.< ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqWilliam H. Johnson, Deputy Chief ` `  hhCqCable Services Bureau