********************************************************    
                                       NOTICE
  ********************************************************
                              
              This document was converted from
         WordPerfect or Word 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:

Gary M. Cocola

Complaint for Carriage of KGMC(TV)
Clovis, California
)
)
)
)
)
)
)




       CSR-5456-M

                                
                  MEMORANDUM OPINION AND ORDER

   Adopted:  February 22, 2000          Released:  February 24, 2000

By the Chief, Consumer Protection and Competition Division, Cable Services Bureau:

     I.   INTRODUCTION
1.     Gary M. Cocola, licensee of KGMC(TV) (Ch. 43), Clovis, California, has filed a must carry
complaint, pursuant to Section 614 of the Communications Act, as amended, and Sections 76.7 and
76.61(a) of the Commission's rules, alleging that Northland Cable Television ("Northland") has denied
carriage of KGMC(TV) on Northland's cable systems serving Mariposa, Oakhurst, Fish Camp,
Lushmeadows, and Coarsegold, California, and neighboring communities (the "Northland cable
communities").  No opposition was received.
II.  BACKGROUND

2.     Pursuant to Section 614 of the Communications Act and implementing rules adopted by the
Commission in Implementation of the Cable Television Consumer Protection and Competition Act of 1992,
Broadcast Signal Carriage Issues ("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 "designated market area," or DMA, as defined by Nielsen Media Research. 
A DMA is a geographic market designation that defines each television market exclusive of others, based
on measured viewing patterns.
III. DISCUSSION

3.     In support of its request for carriage, KGMC(TV) states that the station meets the definition of
a "local commercial television station" and therefore is eligible to invoke the mandatory carriage
provisions of Section 614 of the Communications Act in the Northland cable communities.  Specifically,
KGMC(TV) states that:  (1) KGMC(TV) and Northland's cable systems are located within the Fresno-
Visalia, California, DMA; (2) Northland's cable systems will not incur copyright liability for the carriage
of KGMC(TV); and (3) KGMC(TV) provides an adequate quality signal.
4.     We grant KGMC(TV)'s complaint.  We find that the unrebutted representations made by
KGMC(TV) demonstrate that it is a local full-power commercial television station qualified for carriage on
Northland's 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.  It is undisputed that all of the Northland cable communities are located within the
Fresno-Visalia DMA, and, as such, all are located within the same television market as KGMC(TV).  In
addition, because KGMC(TV) is located within the same television market as the Northland cable
communities, KGMC(TV) is a "local signal" under Section 111 of the Copyright Act.  Therefore, carriage
of KGMC(TV) would not expose Northland to any increased copyright liability.
5.     With regard to the signal quality issue, KGMC(TV) contends that it is capable of delivering an
adequate signal to Northland's headends.  KGMC(TV) further states, however, that even if it were unable
to deliver an adequate over-the-air signal to the headends of the Northland cable systems, KGMC(TV)
commits to purchasing and installing any additional equipment necessary to deliver an adequate signal. 
The Commission has held that a cable operator cannot refuse to carry a television station that agrees to
purchase and install, at its own expense, the equipment necessary to deliver an adequate signal to the
operator's headend.  KGMC(TV), by committing to provide the necessary equipment, satisfies its
obligation to bear the costs associated with delivering a good quality signal to Northland's headends. 
Consequently, we order Northland to carry KGMC(TV)'s signal.
IV.  ORDERING CLAUSES

6.        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 Gary M. Cocola, licensee of KGMC(TV),
Clovis, California, IS GRANTED.  Northland Cable Television IS ORDERED to commence carriage of
KGMC(TV) within sixty (60) days after KGMC(TV) provides a good quality signal to Northland's Cable
Television's headends.
7.     IT IS FURTHER ORDERED that KGMC(TV) shall notify Northland Cable Television 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 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