******************************************************** 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 Community Television, Inc.) CSR-5396-M against Genesis Cable ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: August 23, 1999 Released: August 24, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. Community Television, Inc., licensee of Television Broadcast Station WATC (Ind., Ch. 57), Atlanta, Georgia, has filed a must carry complaint against Genesis Cable ("Genesis") for its failure to carry WATC on its system serving Athens, Georgia and surrounding communities. No opposition has received. II. 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. III. THE PLEADINGS 3. In support of its request, WATC states that it informed Genesis by letter dated January 20, 1999 that it had commenced providing television service to Athens, Georgia via delivery of its signal to W24AO, a low power television station operating as a translator located in Athens. At that time, WATC requested carriage on Genesis' system. Although Genesis failed to respond in writing by the end of the required 30-day response period, WATC states that a representative of Genesis did contact the station several times in April 1999 to discuss the technical details regarding WATC's carriage and that a signal test was planned. WATC states that during these discussions it offered to provide any specialized equipment necessary to ensure the delivery of a good quality signal to Genesis' headend. WATC states that a second letter to Genesis on April 13, 1999 requesting the system's written commitment to carry its signal also went unanswered. In addition, WATC indicates that, to its knowledge, Genesis has not tested its signal. 4. WATC argues that it meets the definition of a "local television station" under Section 76.55(c) of the Commission's rules because Genesis' cable system is located within the same television market as WATC. Further, not only has Genesis not provided any reason why WATC should not be entitled to carriage, but WATC points out that it has already indicated that it will be responsible for the costs of providing any necessary specialized equipment. As a result, WATC requests that the Commission order Genesis to commence carriage of its signal. IV. DISCUSSION 5. We grant WATC's complaint. We find that the unrebutted representations made by WATC demonstrate that it is a local full-power commercial television station qualified for carriage on Genesis' Athens, Georgia cable system. 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. Genesis and WATC are both located in the Atlanta, Georgia ADI. Genesis not only did not respond to WATC's must carry request, but it also did not file an opposition to WATC's complaint. Moreover, WATC has offered to provide, at its own expense, any specialized equipment necessary to ensure delivery of a good quality signal. 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 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 the 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 . . . . WATC, by committing to provide specialized equipment, satisfies its obligation to bear the costs associated with delivering a good quality signal to Genesis' principal headend. Consequently, we order Genesis to carry WATC's signal. V. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that the petition filed April 21, 1999, by Community Television, Inc., IS GRANTED pursuant to Section 614(d)(3) of the Communications Act of 1934, as amended (47 U.S.C. 534). Genesis Cable IS ORDERED to commence carriage of WATC on its Athens, Georgia cable system sixty (60) days from the release date of this Order. 7. IT IS FURTHER ORDERED that WATC shall notify Genesis Cable 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 the release date of this Order. 8. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau