NEWS                               
Report No. DC- 2675        ACTION IN DOCKET CASE           November 4, 1994

                 COMMISSION CLARIFIES "MUST-CARRY" RULES 
                        AND RETRANSMISSION CONSENT
                            (MM DOCKET 92-259)

     The Commission has adopted a Memorandum Opinion and Order disposing of issues
raised by twenty-one petitions for reconsideration of the Commission's Report and Order
(Docket 92-259) and implementing the mandatory broadcast signal carriage and
retransmission consent provisions of the Cable Television Consumer Protection and
Competition Act of 1992 (1992 Cable Act).  Although some issues raised in the petitions for
reconsideration were disposed of in subsequent orders released by the Commission in 1993,
this Memorandum Opinion and Order further clarifies and resolves remaining technical,
definitional and mechanical issues relating to the enforcement of these rules. 
 
     Issues addressed in the Memorandum Opinion and Order regarding must-carry
include: (1) the definition of "qualified local noncommercial educational television (NCE)
station" that is "serving the franchise area," (2) the signal carriage obligations relating to
NCE stations, with respect to the number of stations which must be carried, (3) the
obligations relating to importation of a distant NCE station, (4) the definition of local
commercial broadcast station as including a non-qualified local noncommercial educational
television station, (5) channel position requirements, (6) signal quality issues, (7) copyright
issues and (8) special relief circumstances.

     Issues addressed by the Memorandum Opinion and Order regarding retransmission
consent include: (1) carriage of superstation signals outside the local market of the
originating station by microwave carrier, (2) partial carriage retransmission consent
agreements for broadcast signals which are not eligible for must-carry rights either because
the station is outside the ADI (area of dominant influence), or is otherwise not qualified for
carriage, (3) clarification of rules relating to the carriage of FM radio signals and (4)
ownership of UHF/VHF antennas when used in conjunction with MMDS delivery of cable
programming services.



                                  (over)




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     Although the must-carry provisions of the 1992 Cable Act have been challenged on
constitutional grounds in the Supreme Court case Turner Broadcasting System vs. FCC, the
Court remanded the case to the  District Court for additional evidentiary findings.  During
the pendency of these proceedings, the rules have not been stayed, and, accordingly, the
Commission believes it appropriate to dispose of these remaining issues on reconsideration. 

     Action by the Commission September 28, 1994, by Memorandum Opinion and Order
(FCC 94-251).  Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong.

                                 - FCC - 

     News Media contact: Morgan Broman (202) 416-0852
     Cable Service Bureau contacts: Elizabeth Beaty and Meryl S. Icove (202) 416-0800.,