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                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In re Complaint of      )
                  )
D P Media of Raleigh-Durham, Inc.          )     CSR-5157-M
                        )
vs.               )
                  )
Frontier Vision Partners)
                  )
Request for Carriage of WRMY(TV)           )


MEMORANDUM OPINION AND ORDER
         
   Adopted:  February 26, 1998                         Released:  March 3, 1998 

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

INTRODUCTION
                   
  1.    D P Media of Raleigh-Durham, Inc. ("D P Media"), licensee of Television Broadcast
Station WRMY(TV), Rocky Mount, North Carolina, has filed a must-carry complaint requesting that the
Commission order Frontier Vision Partners ("Frontier"), operator of cable television systems serving the
communities of Bailey, Bunn, Halifax, Lake Gaston, Littleton, and Pinetops, North Carolina, ("the
Communities") to commence carriage of WRMY(TV). No opposition has been filed.

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 the Arbitron
audience research organization.  An ADI is a geographic market designation that defines each television
market exclusive of others, based on measured viewing.

DISCUSSION AND ANALYSIS

  3.     The complaint shows that on August 15, 1997, D P Media by certified mail sent requests
to Frontier for carriage of WRMY(TV) on Frontier's cable systems serving the Communities at issue,
and that Frontier never responded to those requests.  The record shows that the complaint was timely
filed with the Commission on November 13, 1997, which is within sixty days of September 14, 1997,
the date on which Frontier was required by the Commission's rules to provide D P Media with a response
to the carriage request.  As noted earlier, Frontier filed no opposition to the complaint.
 
  4.     The complaint also shows that WRMY(TV), licensed to Rocky Mount, North Carolina,
is a full power television station located in the Raleigh-Durham ADI, that the cable systems operated by
Frontier are also located in the Raleigh-Durham ADI, that Frontier's carriage of WRMY(TV) will not
cause any increase in Frontier's copyright liability and that WRMY(TV) is therefore a local television
station qualified under the provisions of 47 C.F.R.  76.55(c) for carriage on Frontier's cable systems. 
The complaint shows further that Frontier is not currently carrying the maximum number of must carry
stations on any of the cable systems involved here.  Since Frontier provided D P Media no information
regarding the quality of WRMY(TV)'s signal at the principal headends of the its cable systems, D P
Media made a commitment in the complaint to provide at no cost to Frontier any equipment that may be
necessary to deliver a good quality WRMY(TV) signal to those headends.

  5.     We will grant D P Media's complaint.  We find that D P Media's representations set forth
in the complaint, which are unopposed by Frontier, show WRMY(TV) to be a local full power
commercial television station qualified for carriage on Frontier's cable systems serving  Bailey, Bunn,
Halifax, Lake Gaston, Littleton, and Pinetops, North Carolina.  The station and the cable systems are all
located in the Raleigh-Durham ADI.  Although the record does not show whether WRMY(TV) places
a good quality signal over the cable systems' principal headends, D P Media has made a commitment on
this record to deliver an adequate signal to those cable systems and to pay any associated costs, in
accordance with 47 U.S.C.  534(h)(1)(B)(iii).  Therefore, WRMY(TV) is a "local" commercial
television station with respect to Frontier's cable systems within the meaning of  47 U.S.C.  534(h)(1),
and carriage of the station will not increase Frontier's copyright liability.

                             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 petition filed by D P Media of Raleigh-Durham, Inc. in
File No. CSR 5157-M IS GRANTED, and Frontier Vision Partners IS HEREBY ORDERED to
commence carriage of television station WRMY(TV) on its cable systems serving Bailey, Bunn, Halifax,
Lake Gaston, Littleton, and Pinetops, North Carolina within sixty (60) days after the release date of this
Order.

  7.     This action is taken pursuant to authority delegated under 47 C.F.R.  0.321.

  FEDERAL COMMUNICATIONS COMMISSION



  Gary M. Laden, Chief
  Consumer Protection and Competition Division
  Cable Services Bureau