********************************************************    
                         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:

Paxson Chicago License, Inc.

v.

21st Century TV Cable, Inc. 

Wedgewood Communications

TV Cable of Rensselaer

AT&T Broadband

Ameritech New Media

Mediacom Communications Corporation

Charter Communications, Inc.

Optel Cable, Inc.

Mediacom

Grand Ridge Cable Co.

Western Cable Communications

Kraus Electronic Systems

Consumer Cable of America

Requests for Carriage
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)






5593-M

5594-M

5595-M

5596-M

5603-M

5604-M

5605-M

5625-M

5626-M

5627-M

5628-M

5629-M

5630-M


                  MEMORANDUM OPINION AND ORDER

     Adopted:  January 18, 2001         Released:  January 23, 2001

By the Deputy Chief, Cable Services Bureau:

I.   INTRODUCTION
1.        Paxson Chicago License, Inc. ("Paxson"), is the licensee of television station WCPX,
Chicago, Illinois. WCPX broadcasts an NTSC analog television service on channel 38 and a digital
television service on channel 46.  The digital transmission on channel 46 includes six separate multiplexed
programming streams: (1) the primary Central Time feed of PAXTV; (2) PAXTV east coast feed; (3)
PAXTV west coast feed; (4) The Worship Network; (5) The Praise Network; and (6) The TLN Network.
Paxson has filed 13 must carry complaints against cable operators ("operators") in and around Chicago,
Illinois.  The cable systems involved in this proceeding generally already carry the WCPX, channel 38,
analog service.  Paxson requests that the Commission order each of the cable operators involved to replace
the existing WCPX analog service with a downconverted analog version of the digital primary Central
Time feed of PAXTV received from channel 46 and place the remaining five channel 46 programming
streams on the digital portion of the cable systems for access by subscribers that have digital set top boxes.
Several of the operators have filed oppositions in response to the complaints, to which Paxson has filed
replies.  We consolidate these complaints because they are essentially identical to each other.
     II.  PLEADINGS
3.        In its complaints, Paxson asserts that WCPX-DT, as its digital signal, is entitled to
carriage because: (1) the complaints were timely filed; (2) its city of license and the subject cable
communities are located within the Chicago television market, and (3) it is capable of delivering an
adequate signal to the cable operators' principal headends. Paxson also argues that the Act requires cable
carriage of all television broadcast signals, including digital signals. Paxson states that it is not seeking dual
carriage of both its analog signal (channel 38) and its digital signal (channel 46); rather, it is seeking
carriage of its digital signal on channel 46 in replacement of its analog signal on channel 38 so that the
digital signal is available to all cable subscribers on the same basis and on the same channel currently
occupied by the analog signal. In addition, Paxson is seeking mandatory carriage of five additional digital
programming services, broadcast along with the main television service, on the digital portion of the cable
systems for subscribers who have digital set top boxes. According to Paxson, the additional programming
streams should be carried using the digital program system information protocol ("PSIP") and appear in
sequence with the WCPX-DT primary digital signal on the digital set-top box. Paxson states that it will, if
necessary, provide specialized receiving equipment to the cable operator so that a good quality signal is
received.
4.        In opposition, the affected cable systems provide a multitude of reasons why the
Commission should dismiss Paxson's complaints. AT&T, for example, argues that the complaint is
defective because the Commission has not yet issued digital must carry rules and it is inappropriate to
resolve issues of general applicability to the cable industry in an adjudicatory proceeding.  21st Century
argues that because cable operators, like itself, are carrying Paxson's analog signal in full compliance with
all applicable statutory and regulatory requirements, carriage of the digital signal is unnecessary and the
complaints must be dismissed.  Regarding the legality of Paxson's request, AT&T argues that there is no
statutory right for mandatory carriage of a digital signal downconverted to an analog form. AT&T also
argues Paxson is not entitled to carriage of its digital multicast programming services because a cable
operator is only required to carry a single video service under the Act, and such a service during the
transition would be the station's analog signal.  Charter notes that it is impossible for it to comply with
Paxson's carriage request because its systems do not offer digital tiers of service or the digital set-top
boxes that are a necessary prerequisite underlying the licensee's demand.  Mediacom, a small cable
operator in the Chicago DMA, argues that a requirement to carry Paxson's six multiplexed programming
streams would negatively impact the economic viability of its systems and impose substantial per customer
costs.
5.        With regard to the procedural issues raised by the cable operators, Paxson states that the
Commission should act on its complaints, despite the pending digital broadcast signal carriage proceeding,
because the Act requires the carriage of digital television signals.  As for the carriage of its digital signal
in an analog mode, Paxson responds that such a request is a reasonable and practicable solution for all
cable subscribers to access its programming during the digital transition.  In response to the operators'
arguments against the carriage of multiple digital programming streams, Paxson asserts that the Act
requires that the "entirety" of WCPX-DT's program schedule, including free, over-the-air, multicast
signals, must be carried.  Paxson also states that allowing cable operators to carry its signal in an analog
format would obviate the need for cable operators to invest in expensive equipment or to upgrade facilities
in order to comply with the carriage request.
III.      DISCUSSION
6.        Pursuant to Section 614 of the Communications Act and implementing rules adopted by
the Commission, 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.  
7.        With respect to "advanced" or digital television signals, Section 614(b)(4)(b) of the Act
requires that:
          At such time as the Commission prescribes modifications of the standards for
          television broadcast signals, the Commission shall initiate a proceeding to
          establish any changes in the signal carriage requirements of cable television
          systems necessary to ensure cable carriage of such broadcast signals of local
          commercial television stations which have been changed to conform with such
          modified standards.
8.        The Commission's Digital Television Broadcast Signal Carriage Report and Order and
Further Notice of Proposed Rule Making, resolves a number of technical and legal matters related to the
cable carriage of digital television signals.  The Report and Order clarified that a television station
broadcasting only digitally can immediately assert its right to carriage on a cable system. The Report and
Order, however, did not conclude that a television broadcast station may assert a right to carriage for both
its analog and digital signals if it continues to broadcast in both formats during the transition period to
digital television.  The Commission found that it had insufficient evidence to conclude that such a
requirement was mandated by the statute or otherwise required as a matter of policy and sought additional
information to assist in resolving this question.  Accordingly, in the proceeding mandated by Section
614(b)(4)(b), rules mandating carriage of both the analog and digital services of television stations were
not adopted. 
9.        We find Paxson's requests to be inconsistent with the Commission's Report and Order in
CS Docket 98-120, and therefore dismiss the instant complaints.  Paxson, in this situation, continues to
broadcast in both an analog format and a digital format. The Commission has stated that television stations
that broadcast only in a digital format may immediately assert their digital cable carriage rights. However,
those television stations that broadcast in both analog and digital modes, like Paxson, cannot assert digital
carriage rights under Section 614 or Section 615 until the resolution of the matter in the pending proceeding
in CS Docket 98-120.  In this instance, although Paxson has requested its digital signal to be substituted
for its analog signal, it still holds 12 MHz of spectrum and has given no indication that it intends to return
its analog spectrum. In view of our action herein, we need not address the other issues raised by the parties.
IV.  ORDERING CLAUSES
10.       Accordingly, IT IS ORDERED that the complaints filed by Paxson Chicago License, Inc.
ARE DISMISSED pursuant to Section 614(d)(3) of the Communications Act of 1934, as amended (47
U.S.C. 534).
11.       This action is taken pursuant to authority delegated by Section 0.321 of the Commission's
rules.
                              FEDERAL COMMUNICATIONS COMMISSION

                              William H. Johnson
                              Deputy Chief, Cable Services Bureau