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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 re: ) ) Complaint of Speer Communications ) CSR-5111-M Holdings I Limited Partnership against) Rifkin & Associates, Inc. ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: January 28, 1998 Released: February 5, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1. Speer Communications Holdings I Limited Partnership, permittee of Television Broadcast Station WNAB (Channel 58), Nashville, Tennessee, has filed a must carry complaint requesting that the Commission order Rifkin & Associates, Inc. ("Rifkin"), to carry WNAB on its cable system serving Alexandria, Dowelltown, Gordonsville, Liberty, and the unincorporated areas of DeKalb and Smith Counties, Tennessee. This petition is unopposed. BACKGROUND 2. Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in its Report and Order in MM Docket 92-259, 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. SUMMARY OF ARGUMENTS 3. In support of its complaint, WNAB states that initially, on May 15, 1997, it conducted a joint signal strength test with Rifkin at the Alexandria system headend. When the results of the test indicated that WNAB's signal fell just short of the -45 dBm minimum mandated by the Commission, WNAB states that it informed Rifkin that it would be willing to install a preamplifier, at its own expense, in order to insure a good quality signal. WNAB indicates that, at that time, Rifkin's representative indicated that the system would most likely carry the station once the additional equipment was installed and that WNAB need only contact the system's legal administrator to finalize plans for carriage. WNAB states, however, that on the several occasions on which it contacted Rifkin's legal administrator the station was told that carriage could not proceed as data from the May 15th signal strength test had not been received from Rifkin's engineer. By letter dated July 11, 1997, WNAB states that it formally requested carriage on Rifkin's Alexandria system. To date, the station maintains that it has received no reply. WNAB argues that since it satisfies all the criteria to be considered a qualified must carry station and it is willing to provide, at its own expense, any equipment necessary to insure a good quality signal, the Commission should order Rifkin to commence carriage of its signal. DISCUSSION 4. We will grant WNAB's carriage complaint against Rifkin. Section 614(a) of the Communications Act of 1934, as amended, states that each cable operator shall carry the signals of local commercial television stations. A local commercial television station is defined as any full power broadcast television station which is within the same television market as the cable system. It is undisputed that WNAB and Rifkin are located in the same ADI. A cable operator is required to carry the signals of a local commercial station unless that station fails to deliver a good quality signal to the cable system's principal headend; the station's signal substantially duplicates the signal of another local commercial station which is carried on the system; or the cable operator (with a system of more than 12 usual activated channels) has already activated up to one-third of the aggregate number of its usable activated channels to other local commercial stations. Commission rules also require a local commercial station that believes that a cable operator has failed to meet its carriage obligations to complain in writing to the operator. The cable operator must respond in writing to the station's complaint within 30 days of receipt. The operator must either commence carriage of the signal, or explain its reasons for failing to do so. If the Commission determines that a cable operator has failed to meet its must carry obligations, it may order an operator to commence carriage of a station. In this case, Rifkin failed to respond within 30 days to WNAB's letter requesting carriage, as is required by Commission Rules. Nor has it submitted any evidence in this proceeding that Station WNAB is not entitled to carriage on the subject system. Consequently, we will order Rifkin to carry WNAB. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to 614 of the Communications Act of 1934, as amended, 47 U.S.C. 534, and 76.61(a)(2), 47 C.F.R. 76.61(a)(2) of the Commission's Rules, the must carry complaint (CSR-5111-M) filed by Speer Communications Holdings I Limited Partnership IS GRANTED and Rifkin shall commence carriage of WNAB within sixty (60) days of the release date of this order. 6. IT IS FURTHER ORDERED that WNAB shall notify Rifkin 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 this order. 7. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Gary M. Laden, Chief Consumer Protection and Competition Division Cable Services Bureau