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For purposes of this calculation, both overtheair and cable television  SL -viewing are included."L = yO- d(#ԍ Certain counties are divided into more than one sampling unit because of the topography involved. Also, in  d(#certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {Ob- d(#preponderance of the audience in that county. Refer to Arbitron's Description of Methodology handbook for a more complete description of how counties are allocated.  S - v @3.Under the Act, however, the Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) provides that the Commission may:  ~Xwith respect to a particular television broadcast station, include additional communities  within its television market or exclude communities from such station's television market to better effectuate the purposes of this section.  " ,`(`(88"ԌIn considering such requests, the Act provides that:  BXthe Commission shall afford particular attention to the value of localism by taking into account such factors as   X(I) whether the station, or other stations located in the same area, have been historically carried on the cable system or systems within such community;    X(II) whether the television station provides coverage or other local service to such community;   `X(III) whether any other television station that is eligible to be carried by a cable system  Cin such community in fulfillment of the requirements of this section provides news  coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and   pX(IV) evidence of viewing patterns in cable and noncable households within the areas  SX-served by the cable system or systems in such community.lX= yO-ԍ47 U.S.C. 534(h)(1)(C)(ii); 1992 Cable Act 614(h)(1)(C)(ii).l   S-4.The legislative history of this provision indicates that:  Xwhere the presumption in favor of ADI carriage would result in cable subscribers losing  Baccess to local stations because they are outside the ADI in which a local cable system  operates, the FCC may make an adjustment to include or exclude particular communities  pfrom a television station's market consistent with Congress' objective to ensure that  #television stations be carried in the areas which they serve and which form their economic market.  * * * * *  nX[This subsection] establishes certain criteria which the Commission shall consider in acting  $on requests to modify the geographic area in which stations have signal carriage rights.  These factors are not intended to be exclusive, but may be used to demonstrate that a  S-community is part of a particular station's market.` X= yO-ԍ H.R. Rep. No. 102628, 102d Cong., 2d Sess. 97 (1992).`   S- v 5.The Commission provided guidance in its Must Carry Order to aid decisionmaking in these matters, as follows:  ~XFor example, the historical carriage of the station could be illustrated by the submission  S - Qof documents listing the cable system's channel lineup (e.g., rate cards) for a period of  years. To show that the station provides coverage or other local service to the cable  community (factor 2), parties may demonstrate that the station places at least a Grade B  coverage contour over the cable community or is located close to the community in terms  of mileage. Coverage of news or other programming of interest to the community could"t# ,`(`(88%"  obe demonstrated by program logs or other descriptions of local program offerings. The  S- pfinal factor concerns viewing patterns in the cable community in cable and noncable  homes. Audience data clearly provide appropriate evidence about this factor. In this  nregard, we note that surveys such as those used to demonstrate significantly viewed status  Dcould be useful. However, since this factor requires us to evaluate viewing on a  }community basis for cable and noncable homes, and significantly viewed surveys typically  nmeasure viewing only in noncable households, such surveys may need to be supplemented  S-with additional data concerning viewing in cable homes.S = yOR-ԍ 8 FCC Rcd at 2977 (emphasis in original).S   S- v 6.In adopting rules to implement this provision, the Commission indicated that requested changes  d(#should be considered on a communitybycommunity basis rather than on a countybycounty basis, and  d(#<that they should be treated as specific to particular stations rather than applicable in common to all stations  S" - d(#.in the market. "" X= yO- d(#ԍ 8 FCC Rcd at 2977 n.139. Viewership information cited herein is county data, rather than communityspecific  d(#ydata. However, absent evidence that such data is not fairly reflective of viewing in the actual communities in  {O- d(#xquestion, we accept such data as probative in cases of this type. See, e.g., RKZ Television, Inc., 8 FCC Rcd 8008, 8010 (1993). The rules further provide, in accordance with the requirements of the Act, that a station  S -not be deleted from carriage during the pendency of an ADI change request.= B= yO-ԍ 47 C.F.R. 76.59.=  S -q$ ARGUMENTS OF THE PARTIES ă  SZ- v 7. WPXA is located within the Atlanta, Georgia ADI. The counties of Catoosa, Dade, Fannin,  d(#Murray, Walker and Whitfield, Georgia; Cherokee County, North Carolina; and Polk, Bradley, Hamilton,  d(#mMarion, Sequatchie, McMinn, Meigs, and Rhea Counties, Tennessee are all located within the Chattanooga, Tennessee ADI.  S- v 8. In support of its request, WPXA states that the must carry scheme adopted by Congress in the  d(#L1992 Cable Act allows individual stations to ask for inclusion of additional communities in their markets  d(#"where the presumption of ADI carriage would result in cable subscribers losing access to local stations  S- d(#Lbecause they are outside the ADI in which a local cable system operates. . . ." = {O-ԍ47 U.S.C. 534(h)(1)(C)(i). See also Paxson San Jose License, Inc., 12 FCC Rcd 17520 (1997). In this instance, WPXA  S-asserts that it meets the criteria for market modification set forth in Section 614(h).ld = yO -ԍ47 U.S.C. 534(h)(1)(C)(ii); 1992 Cable Act 614(h)(1)(C)(ii).l  S- v 9. First, WPXA states that its signal provides a Grade B or better signal to the majority of  d(#communities requested for inclusion while the remaining few communities lie on the fringe of its Grade  d(#B contour. WPXA submits a contour map that was produced using the LongleyRice propagation method  d(#\that it maintains corroborates this assertion. It argues that the Commission has previously found the  d(#LongleyRice model to be "probative of . . . technical coverage" of cable communities by a broadcast  d(#0station, and it has recognized "[s]tudies of this type have been increasingly used elsewhere in the" ,`(`(88L"  d(#Commission's processes to reflect signal propagation and thus warrant consideration" in market  S- d(#modification cases.= {O@-ԍSee Channel 39, Inc., (CSR5130A), DA 98317 (released February 20, 1998) at paragraph 19. WPXA points out that the Commission has consistently found in market  d(#modification cases that stations with a Grade B or better overtheair signal provide local service to  S-communities.^Z= {O- d(#ԍSee Bradenton Broadcast Television Co. Ltd., 11 FCC Rcd 21044, 21049 (1996); DP Media License of Battle  {OL- d(#YCreek, Inc., DA 98639 (released April 6, 1998); Channel 56 of Orlando, Inc., 12 FCC Rcd 4071, 4081 (1996); and  {O-WNALTV, Inc., 12 FCC Rcd 1367, 1371 (1997).Ċ  S8- v  10. Second, WPXA states that it provides valuable local programming services to the communities  d(#by using a unique format combining programlength presentations of local and national businesses and  d(#ycommunity organizations with local public affairs, children's, foreign language and religious programming.  d(#yWPXA indicates that recently, in August 1998, Paxson launched its PaxNet network, which airs an array  d(#of popular family programming as well as movies and original programming. WPXA maintains that grant  d(#lof its modification request will allow it to devote even more resources to developing programming specifically targeted to its market.  S - v ^ 11. Third, while it cannot claim historic carriage, WPXA states that the Commission has held that  d(#historical carriage is not a controlling factor which would necessarily justify denial as it could "in effect  d(#prevent newer or weaker stations from ever being entitled to carriage, contrary to the policy of the  S - d(#statute."W = {O-ԍSee Paxson San Jose License, Inc., supra.W Similarly, WPXA argues that the Bureau should conclude that ratings are of little probative  d(#yvalue in cases where a specialty format station, such as itself, seeks to add communities to its must carry  S0- d(#market since such programming "traditionally has drawn smaller audiences."T0= {O-ԍSee Channel 56, 12 FCC Rcd 4071, 4081.T WPXA states that it is clear  d(#]that Congress could not have intended for the market modification process to prevent a struggling  d(#lindependent station like WPXA from obtaining carriage solely because its audience share is not as  d(#=significant as other stations with which it competes. Finally, WPXA indicates that the Commission has  d(#repeatedly determined that the ability of other stations eligible for carriage to provide coverage or other local service to the communities is not a basis for denying a request for inclusion.  S- v ! 12. The seven opposing parties three cable operators (Brenmor Cable, Comcast and Falcon), three  d(#-full power television stations (WTVC, WDEFTV and WRCBTV), and one low power television operator  d(#(North Georgia Television) have basically similar objections to WPXA's modification request. All of  d(#the parties argue that the Commission is mandated by Congress to take into account the four criteria set  d(#yforth in Section 614(h)(C)(ii) of the Communications Act of 1934, as amended, in any analysis of market  d(#modification requests and any party seeking such modification must provide sufficient evidence to satisfy  d(#those factors. All parties universally agree that WPXA has failed to demonstrate that it meets any of the criteria necessary to justify grant of its request in this instance.  S- ",`(`(88="Ԍ S-8A. Historic Carriage  S-  S- v   13. All opposing parties point to the fact that WPXA concedes that it has no historical carriage in any  d(#of the requested communities and all object to WPXA's contention that it is not a controlling factor in  d(#t8his case. WTVC argues that since WPXA has been in operation since 1988 and its present format in place  d(#.since 1994, WPXA cannot claim that lack of such carriage is as the result of being a new station or being  d(#recently reformatted. North Georgia Television points out that WPXA also has provided no evidence that  d(#it satisfies the historical carriage factor because "similarly situated stations" have been carried in the  d(#requested communities as set out in 614(h)(1)(C) of the Act. Falcon indicates that in a previous decision,  d(#the Bureau stated in granting a cable operator's request for exclusion against WTLKTV (now WPXA)  d(#that ". . . it does seem likely, depending on the specific circumstances involved, that carriage on nearby  d(#systems would serve as evidence to define the logical scope of a station's market. Such carriage serves  d(#Lto demonstrate the belief of both the stations and systems involved that there is a market nexus between  d(#the broadcast station and the communities where the station is carried and thus provide evidence as to the  S - d(#>scope of a station's market." = {O8-ԍSee Paxson Atlanta License, Inc., DA 971796 (released August 22, 1997) at paragraph 21. Brenmor Cable maintains that WPXA suggests that its lack of historic  d(#carriage should be overlooked due to past discriminatory carriage practices on the part of Brenmor and  d(#the fact that it is a "specialty" station. Brenmor argues that it has not improperly discriminated against  d(#LWPXA since it is assigned to a different ADI market. Falcon also claims that it is not showing a pattern  d(#zof discrimination against WPXA since it is not carrying any other stations licensed to Rome, Georgia,  d(#WPXA's city of license. Comcast states that while lack of historical carriage is not determinative in and  d(#of itself, the Commission has specifically stated that it is a significant factor, when as here, the broadcaster  S-has failed to meet the other statutory factors.xZ= {O-ԍSee Cablevision of Monmouth, Inc., 11 FCC RCd 9314 (1996) at paragraph 19.x  S-  Sh-B. Viewership` `  S- v } 14. All parties note that WPXA has no reportable viewership in any of the counties where the  d(#Lcommunities requested for inclusion are located. Falcon states that there would thus be no disruption of  d(#viewing patterns or audience in denying WPXA's request. Falcon also argues that given that both of its  d(#systems are at full capacity, its cable service would be severely disrupted if it were forced to drop another  d(#service to carry WPXA, particularly when its subscribers have not requested that it do so. Moreover,  d(#Falcon maintains that WPXA cannot even claim that it is a new or weaker station in need of protection  d(#[since it, and its predecessor WTLKTV, have been ontheair continuously for many years. Falcon cites  d(#.an order where the Bureau stated that "we must give some weight to the fact that the station also has no  d(#reported audience in the counties where the cable communities are located and has no history of carriage  S-on Service's systems despite ten years of operations."{= {O<"-ԍSee Service Electric Cable TV, Inc., 12 FCC RCd 13299 (1997) at paragraph 23.{  S`- v 15. WTVC maintains that nothing in WPXA's petition demonstrates that the station has any  d(#viewership or nexus to any of the requested communities, and that the request is contrary to Congress'  d(#zintent that the ADI modification process be used to reflect market realities. WTVC states that unlike  d(#RomeAtlanta, which has long been considered a hyphenated market where the stations are considered  d(#icompetitive, Chattanooga is a distinctly separate market whose stations do not compete with RomeAtlanta"!~,`(`(88U#"  d(#^stations given the distance and terrain factors. Grant of such a request, WTVC asserts, would  d(#fundamentally alter the competitive nature of the Chattanooga ADI without seriously impacting WPXA's ability to compete with other stations within its home market.  S`- v ]16. WDEFTV states that WPXA makes no attempt to provide evidence of viewing patterns, merely  d(#.claiming that its lack of viewing is attributable to its lack of carriage. According to WDEFTV, the most  d(#zrecent Nielsen surveys for the Chattanooga ADI show that WPXA has literally no viewership in that  d(#market and it ties this lack directly to the fact that WPXA does not provide any programming designed  d(#kor tailored to meet the needs, interests, and concerns of the residents of the Chattanooga ADI. North  d(#Georgia Television states that WPXA implies, without providing any concrete evidence, that its lack of  Sp- d(#ratings is due to its "specialty format" rather than its lack of focus on the communities.Fp= yO -ԍSee opposition at paragraph 4.F Comcast argues  d(#that WPXA's failure to provide any evidence of viewership is not surprising since the station generally  d(#does not provide an offair signal of good quality to the communities. Comcast contends that WPXA's  d(#lack of audience is highlighted by the fact that the station is not listed in the KnoxvilleChattanooga  S -edition of TV Guide or The Chattanooga Free Press TV Magazine.  S - C. Grade B Coverage  S2- v n17. All of the parties contest WPXA's assertion that it provides Grade B coverage to all of the  d(#krequested communities. Falcon argues that WPXA has not demonstrated that it provides coverage or  d(#jservice to its cable communities, but merely points to two illegible maps which purportedly show Grade  d(#B or better signal coverage. Falcon also states that WPXA does not indicate which communities lie  d(#>outside its Grade B contour or how far. Falcon maintains that while Paxson has argued that Grade B  d(#coverage alone should determine the outcome in this case, it argued completely opposite views in other  SB- d(#cases before the Commission and the courts that the Commission wrongfully adopted a de facto Grade  S- d(#B standard for determining ADI modification petitions.X= {O- d(#ԍSee, e.g., Petition for Reconsideration filed by Paxson New York License, Inc. of the Commission's decision  {O-in Time Warner New York City Cable Group, 1996 WL 532081 (1996) (CSR4794A) at paragraph 12. In any event, Falcon argues that the 1992 Cable  d(#Act does not elevate Grade B coverage over the other modification factors; it is just one element among the required criteria.  S|- v {18. Falcon points out that another equallyimportant element of the technical coverage factor includes  d(#.distance, something which WPXA has not addressed. Falcon indicates that its system communities are,  d(#on average, 44.4 miles from WPXA's transmitter site while the homemarket Chattanooga stations the  d(#=system carries are only an average of 20.4 miles from its cable communities. Moreover, Comcast points  d(#out that WPXA is, on average, approximately 60 miles away from all of the cable communities. Both  d(#>Comcast and Falcon maintain that these distances are comparable to or even greater than distances in  S- d(#previous Commission decisions in which the requested modification was denied.%(= {O#- d(#ԍSee, e.g., Time Warner Entertainment Co., L.P., DA 97526 (released March 14, 1997) (46 to 68 miles);  {O$- d(#xArmstrong Utilities, Inc., 12 FCC Rcd 2498 (1997) ( 39 to 55 miles); Comcast Cablevision of Danbury, Inc., DA  {Ot%- d(#97234 (released February 12, 1997) ( 42 miles); AR Cable Services, Inc., 11 FCC Rcd 21080 (1996) (48 miles);  {O>&-and Time Warner Cable, 11 FCC Rcd 13149 (1996) (45 miles).% Falcon argues that the  d(#ADI modification procedures are intended to ensure that viewers do not lose access to local programming,"d,`(`(88"  d(#but were not designed to be a tool for broadcasters, such as WPXA, to expand into areas which they have  S- d(#never served and for which there is no local nexus.= yO@- d(#ԍFalcon states that WPXA is not listed in the DailyCitizenNews, the local newspaper which serves its system communities. Comcast and WTVC both point out that WPXA's  S- d(#Grade B signal fails to encompass the majority of the requested communities,@ = yOp- d(#[ԍWTVC states that even a cursory review of WPXA's contours indicates that at least 29 of the requested  d(#hcommunities fall outside the station's Grade B, including most of Hamilton County, parts of Bradley, Polk, and Dade  d(#Counties, and all of Marion, Sequatchie, Rhea, Meigs and McMinn Counties. Indeed, a number lie over 20 miles  d(#outside the Grade B and it is clear that Chattanooga, a core community of WTVC's service area and its city of  d(#license, lies outside WPXA's predicted Grade B contour. See Exhibit B, Figure 2 attached to WTVC's petition  d(#prepared by WTVC using the LongleyRice method. Relying on WPXA's Grade B contour map on file with the  d(#Commission and the map included in Television & Cable Factbook, Comcast points out that WPXA's Grade B falls  d(#<woefully short of at least 17 communities and covers only the very edge of 5 communities. It maintains that in  {O - d(#Comcast Cablevision of Danbury, Inc. (CSR4826A), DA 97234 (released February 12, 1997), the Commission  d(#deleted communities from stations' markets even where some of the cable communities fell within the Grade B contour.@ and even more important,  S- d(#the communities are remote from the station in terms of distance and terrain.  = yO- d(#hԍWTVC states that not only do intervening mountains block reception of signals to the Chattanooga/Tennessee  d(#LValley area from the south, but the Chattahoochie National Forest further separates the areas, several of the  d(#<communities to the north of Chattanooga are further separated by the Tennessee River, and the North Carolina communities are located within the Nantahala National forest near the Snowbird Mountains and the Hiwassee Lake. WTVC states that even  d(#those communities which do lie within WPXA's predicted Grade B contour are located anywhere from  d(#3045 miles away from WPXA's transmitter. WTVC states that it appears that much of WPXA's  d(#jcoverage in the Chattanooga ADI is to scarcely populated areas at high elevation. There is thus no basis,  d(#|WTVC maintains, for WPXA's claim that it delivers a strong, highquality signal to the instant communities.  Sp- v 19. WRCBTV argues that both the terrain in northwest Georgia and WPXA's own propagation study  d(#kstrongly suggest that the market for Rome television stations is oriented to the east and south toward  d(#=Atlanta and its suburbs and not to the north toward Chattanooga. WRCBTV points out that north and  d(#.west of WPXA's transmitter site, mountainous terrain above the Coosa River valley causes the station's  d(#signal to degrade rapidly in the direction of the counties of Catoosa, Dade, Walker and Whitfield. WRCB d(#TV states that not only does Rome lie on the south side of the Coosa River, but beyond the river to the  d(#ynorth is a broad swath of the Chattahoochie National Forest and the prominent Taylor Ridge, Pigeon and  d(#{Lookout Mountain ranges, while to the north and east are the high peaks of Cowpen and Big Bald  d(#Mountains, the last two of which limit WPXA's Grade B service to Fannin and Murray Counties, Georgia, as well as any part of North Carolina.  S- v 20. Several of the opposing parties, WDEFTV, North Georgia Television and WRCBTV, question  d(#WPXA's use of the LongleyRice data. WDEFTV argues that the Commission has never relied on  d(#LongleyRice propagation methods in any market modification case to determine technical service nor has  d(#it unqualifiedly endorsed that method as a means for determining such service. In the case cited by  S- d(#WPXA, Channel 39, Inc., supra, where the station presented an engineering study utilizing the traditional  d(#LCommission methodology as well as the LongleyRice method, WDEFTV states that the Commission's  d(#reliance on the LongleyRice data was decidedly limited. In that decision, the Commission stated that the"j,`(`(88"  d(#\LongleyRice modeling may be "somewhat probative" and that "given the flat terrain involved" in the  S- d(#Channel 39 case, the station signal may extend "further than the traditional analysis would suggest."O= {O@-ԍChannel 39, Inc., supra, at 3116.O  d(#>WDEFTV points out, however, that the terrain between Rome and Chattanooga is hardly "flat" and therefore WPXA's exclusive reliance on the LongleyRice method in this instance is entirely misplaced.  S:- v B21. Indeed, WDEFTV maintains that the Commission has no reliable or credible means of  d(#determining, as a factual matter, the actual extent of WPXA's technical coverage over any of the subject  d(#/communities. North Georgia Television argues that WPXA has provided no evidence that, given the  d(#yterrain involved, a LongleyRice study would be appropriate. WRCBTV states that the study provided  d(#kby WPXA is wholly deficient under the Commission's rules in that it failed to describe the procedure  d(#employed or include sample calculations, nor did it include predicted coverage by the regular method, as  d(#required by Part 73 of the rules. In addition, WRCBTV indicates that the coverage map provided does  S" - d(#not appear to be verified by the person who prepared it, as required by Part 76 of the rules.]X" Z= yO- d(#ԍWRCBTV states that Attachment A to WPXA's petition is a declaration signed by the station's General  d(#LManager, Jack Crumpler. However, Mr. Crumpler does not represent that he is the person who prepared the LongleyRice study or even that he is a technicallyqualified engineer.] Finally,  d(# Comcast and Brenmor Cable both argue that in signal strength studies performed at a representative  d(#sample of headend locations, it was revealed that WPXA does not provide an offair signal of good quality  d(#Lto the cable communities which reinforces that, despite its claimed theoretical Grade B coverage, WPXA does not provide adequate overtheair service to the cable communities.  S2- D. Local Programming  S- v 22. All parties agree that WPXA fails to provide any local programming to the relevant cable  d(#communities. Falcon states that WPXA's programming appears to be a general mixture of infomercials  d(#yand religious programming which is not targeted to any of the requested communities and even the arrival  d(# of its PaxNet network programming only added more general interest programming in lieu of locally d(#oriented fare. WTVC asserts that WPXA has provided no showing that its programming is in any way  d(#"local," but relies instead on general descriptions of its "specialty" programming. However, WTVC points  d(#out that the Commission has previously examined WPXA's programming format in the must carry context  d(#and determined that the "material does not appear to be the kind that suggests that these communities are  d(#a particular focus of the station or are in any sense served in a manner that establishes a specific market  Sz- d(#Zconnection."zz= {O-ԍSee Paxson Atlanta License, Inc., DA 98329 (released February 24, 1998) at paragraph 25. Moreover, WTVC states that even though WPXA claims that its format allows it to provide  d(#locallyoriented programming, it does not describe in detail any actual news, sports, weather, public affairs  S*-or other local programming aired which is geared specifically to any of the requested communities.5X* = yO"- d(#iԍWTVC states that the fact that WPXA is not included in the programming listings of the Chattanoogaarea  d(#Jnewspapers and magazines reinforces the fact that WPXA is not a local forum in which to present issues of concern to local residents.5  S- v 23. In addition, WTVC maintains that although WPXA relies heavily on its "specialty" station status,  d(#the Commission has stated that "The fact that a station is . . . of specialized appeal does not mean that" , ,`(`(88"  d(#its logical market area is without limits or that it should be exempt from the Section 614(h) market  S- d(#/modification process."v = {O@-ԍSee RifkinNaragansett of South Florida, 11 FCC Rcd 21090, 21104 (1996).v Similarly, in Service Electric Cable TV,P!Z= yO-ԍ12 FCC Rcd 13299 (1997) at paragraph 13.P the Commission stated in deleting  d(#stations from a Paxson station that "The information of record indicates that WTGITV provides some  d(#=programming of potential general interest but provides very little, if any, programming with specific ties  d(#to any of the communities at issue in this matter. We recognize that WTGITV is a station that may have a limited audience."  S- v _24. WRCBTV states that WPXA does not mention one specific local business or community  d(#Lorganization from the cable communities at issue as a regular component of its programming, nor is there  d(#/any reference to news or public affairs coverage of particular events or institutions in these counties.  d(#>WDEFTV points out that the declaration in WPXA's petition references a single (half hour) weekly  d(#L"locally produced public affairs program," but given the enormous size of the market in which WPXA is  d(#located, it is not surprising that WPXA cannot provide, within the context of this one locally produced  d(#Mprogram, service of interest to cable subscribers, many of whom reside upwards of 80 miles from the  d(#station's studio. Brenmor Cable states that WPXA's claim that its programming allows it to "[p]rovide  d(#ylocallyoriginated programming that satisfies the needs and interests of the communities it serves" should  d(#be rejected as circular since WPXA's failure to provide a Grade B contour to the cable communities and  d(# its lack of viewership makes it plain that the instant communities are not among "the communities it  d(#.serves." Moreover, Brenmor Cable argues that WPXA's overall attempt to expand its market to include  d(#communities located significantly north of Rome, Georgia, is particularly troubling, given the station's past  S- d(#.attempts to associate itself with Atlanta and points south and east of Rome."= {Ol- d(#ZԍIn re: Paxson Atlanta License, Inc. vs. Brenmor Cable Partners, LP, supra, where WPXA argued that it "is an integral part of the Atlanta, Georgia market." Brenmor argues that it is  d(#difficult to imagine how WPXA can at once provide "local coverage" to both Athens and Cleveland, communities which are more than 120 miles apart.  SB- E. Coverage by Other Local Stations  S- v ?25. All of the opposing parties point to the large array of local programming the instant communities  d(#.currently receive from Chattanooga ADI market stations and maintain that, despite WPXA's assertions,  d(#this is not a factor which can be overlooked. For instance, WTVC indicates that it provides over 25 hours  d(#of live news coverage per week and community outreach programs geared specifically to the instant  SR- d(#communities.]#RD= yO6!- d(#,ԍWTVC states that it places stateoftheart, realtime weather stations in local schools to teach children about  d(#weather through its Neighborhood Storm Track Network, raised between $1820,000 in support of aging and foster  d(#children through the Darrell Patterson Volunteer Challenge, donated more than $168,000 and over 500 volunteer  d(#hours and public service announcements for the March of Dimes Gourmet Gala, and maintains a news Bureau in Dalton, Georgia, as well as in its Chattanooga base.] WRCBTV provides a comprehensive list of the news stories and other events it has aired  d(#during the second quarter of 1998 concerning the instant communities and claims that, in the case of the  d(#LChattanooga ADI counties listed in WPXA's petition, only Chattanoogabased stations can demonstrate  d(#\program service to these areas. Comcast maintains that the fact that it carries a large number of other" #,`(`(88."  d(#broadcast stations that provide truly local programming to the cable communities it serves, significantly  d(#Lundermines any claim of "uniqueness" by WPXA or any special benefit WPXA seeks on the basis of its  d(#programming format. Comcast states that the local stations which it carries provide a total of 70 1/2 hours  d(#per week of local news, 10 hours per week of public affairs and local church news, 53 hours per week  d(#=of local public, educational and governmental programming specific to the region, and 21.5 hours of local  S8-leased access programming. e$8= yO- d(#;ԍWDEFTV and WTVD both carry over 23 hours of local news per week and 2 hours of public affairs and other  d(#local programming, Fox Channel 61 broadcasts 3 1/2 hours per week of local news, WRCBTV airs over 20 hours  d(#per week of local news, 1 1/2 hours of public affairs and special programming and 1/2 hour per quarter of children's  d(#programming, and WTCI broadcasts 1 hour per week each of local indepth news and health programming, 1 hour per weekend of Southern Accents, and other local programming. e  S- F. Other Arguments  S- v 26. WTVC argues that in the ten years in which WPXA has operated in the RomeAtlanta market it  d(#has made no effort to serve any of the communities within the Chattanooga market. WTVC maintains  d(#that now, as part of a nationwide attempt to expand the reach of Paxson stations, WPXA is attempting  d(#to expand its must carry area into the Chattanooga market in a manner that is both wholly inconsistent  d(#with the purposes behind the must carry rules and unsupported by fact and law. WDEFTV goes even  d(#further by stating that WPXA's request includes communities located in nearly every county within the  S - d(#\Chattanooga ADI;% x= yO- d(#ԍThe only Chattanooga ADI counties not represented in this petition are Bledsoe and Grundy, Tennessee, and Jackson, Alabama. communities which represent the core of the market. WDEFTV argues that the  d(#Commission has categorically rejected the principle that, on grounds of technical coverage or otherwise,  d(#[a station may invoke Section 614 as the basis for annexing to its must carry "market" the entire adjoining  d(#yADI: "In granting the Commission authority to modify market areas to better effectuate the purposes of  d(#Section 614, the Congress manifested no intent for us to alter the basic structure of an ADI market by  d(#Nincluding its core within another ADI market . . . . The inclusion of these communities . . . would,  d(#nevertheless, modify the basic nature and competitive relationships within the core [of the adjoining ADI]  S- d(#and conflict with Congress' objective of carriage of television stations in the economic areas they serve."U&= {O-ԍIn re Channel 39, Inc., supra, at 3117.U  d(#WDEFTV maintains that by the breadth of its claims and by the theory upon which WPXA purports to  d(#justify the scope of its request, it is plain that WPXA is not seeking to protect or maintain its position  d(#within its economic market but is purely and simply seeking to add the entirety of the Chattanooga ADI, including its core cities, to its must carry rights.  S- v 27. WTVC objects to the inclusion of any county areas listed for inclusion by WPXA since the  d(#modification requirements specify individual communities only. North Georgia Television argues that,  d(#as a low power television provider, grant of WPXA's request would make it even more difficult for North  d(#\Georgia to obtain cable carriage for its low power stations on those cable systems in the Chattanooga  S-market which do not already carry them. q  S- v 28. In a consolidated reply, WPXA argues that contrary to the opposing parties' contentions, it request  d(#should be granted because it has demonstrated that it provides local service and programming to the" b &,`(`(88"  d(#instant communities and the modification procedure was designed specifically to prevent cable subscribers  d(#from losing access to local broadcast stations such as WPXA. WPXA maintains that, consistent with  d(#Commission precedent, Grade B coverage in modification cases is of great decisional significance. WPXA  d(#states that it has demonstrated that the vast majority of the requested communities are either encompassed  d(#by a Grade A or Grade B signal or lie on the fringe and that its reliance on a LongleyRice Irregular  d(#.Terrain Study was appropriate. WPXA asserts that the Commission has not only considered predicted  S- d(#.signals generated using the LongleyRice methodology as evidence in market modification proceedings,M'= {Ox- d(#ԍIn Channel 39, Inc., supra, the Commission decided to modify a station's market to include communities  d(#xoutside its ADI in part based on the station's LongleyRice study, which demonstrated that the communities were  d(#within the predicted Grade B range of the station's signal. The Commission stated therein that "[s]tudies of this type  d(#have been increasingly used elsewhere in the Commission's processes to reflect signal propagation and thus warrant consideration here." M  d(#\but also has accepted that this propagation model provides an accurate measure of signal contour in a  d(#Mvariety of contexts, including both analog and digital television. There is thus no legal basis or policy  d(#rationale, argues WPXA, for the Commission to disregard the results of WPXA's signal strength studies  d(#[using the LongleyRice methodology. Moreover, WPXA states that while WDEFTV attempts to argue  SH - d(#that the Commission in Channel 39 did not "unqualifiedly endorse the LongleyRice method," it failed  d(# to suggest any valid engineering basis as to why the LongleyRice methodology does not generate an accurate measure of a station's Grade B contour.  S - v 29. WPXA states that the LongleyRice methodology, also known as the "ITS Irregular Terrain  d(#Model" is among the most accepted methods available for alternative propagation prediction of broadcast  d(#[frequency signal strength. It was introduced in 1968, updated in 1982 and again in 1985. WPXA points  d(#out that over the past thirty years it has been used in various contexts as a means of measuring a radio  d(#ysignal's predicted reach and has been selected as the Commission's permissible, or even principal, method  d(#of calculating the reach and interference of signals generated by both conventional analog and digital  d(#television transmitters, Personal Communications Services, and Private Land Mobile Radio Services. In  d(#jreferences to the LongleyRice propagation model, WPXA indicates that the Commission has stated that  Sj- d(#it is "well known to the broadcast industry,"(jz= {O- d(#ԍSee, Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, 13 FCC  {ON-Rcd 7418, 748889 (1998) ("Digital TV Second Order"). provides an "accurate measure of service and interference,"  d(#jand is "in the public domain and has been extensively documented; thereby ensuring that all parties using  S- d(#this model will be able to achieve the same results.")= {O- d(#ZԍSee Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service,12 FCC  {OZ-Rcd 9688, 9689 (1997) ("Order"). Moreover, WPXA maintains that neither the Cable  d(#jAct nor the Commission's must carry rules proscribe the use of alternative propagation methodologies in  d(#{demonstrating that a station provides local coverage to a particular community or indicate that the  d(#/methodology established in 73.684 will be the only cognizable indicator of signal strength under the  Sz- d(#market modification analysis. Indeed, states WPXA, the Commission in Channel 39 simply noted that  d(#>the LongleyRice data was useful because "given the flat terrain involved, the signal of [the broadcast  S,-station] may extend farther to the north than the traditional analysis would suggest."A*,2 = {O%-ԍChannel 39 at 3116.A " *,`(`(88\"Ԍ S- v 30. WPXA states that, since it found that the LongleyRice study it submitted with its petition  d(#predated the station's reduction in power, it submits a new study conducted with the current level of 3890  d(#kW. WPXA points out that in addition to the area predicted to receive a Grade B signal, the supplemental  d(#study also includes a 61.7 dBu "modified Grade B" contour, which the Commission has concluded is a  d(#more accurate indicator of the reach of an analog UHF station's signal and must be used in LongleyRice  S8- d(#models to assess interference between the signals of analog and digital television stations.+8= yO- d(#YԍSee OET Bulletin No. 69, "LongleyRice Methodology for Evaluating TV Coverage and Interference," released July 2, 1997. WPXA argues  d(#-that when these results are viewed in conjunction with the station's "standard" FCC Grade B contour, there  d(#can be no question that nearly all of the cable communities at issue here are within or near the fringe of  S- d(#the station's Grade B contour., = yO - d(#ԍWPXA states that, based on the map in Exhibit B of its reply, 18 of the cable communities clearly fall within  d(#the station's FCC Grade B contour Blue Ridge, Chatsworth, Chickamauga, Cohutta, Dalton, Eton, Lafayette,  d(#iLinwood, MacCaysville, Mineral Bluff, Morganton, Ringgold, Tunnel Hill, and Varnell, GA; Benton, Collegedale,  d(#Copperhill, and Ducktown, Tennessee. The following 16 communities lie on the fringe (i.e., within 110 miles) Fort  d(#xOglethorpe, Lookout Mountain, Rossville, and Trenton, Georgia; Murphy, North Carolina; Calhoun, Charleston,  d(#-Chattanooga, Cleveland, East Ridge, Etowah, Lakesite, Lookout Mountain, Red Bank and Ridgeside, Tennessee.  d(#hFurther, 8 counties (unincorporated portions of which are carried on cable systems serving other cable communities)  d(#are either entirely or substantially covered by WPXA's Grade B signal Catoosa, Fannin, Murray, Walker, and Whitfield Counties, Georgia; Polk and Bradley Counties, Tennessee; and Cherokee County, North Carolina. WPXA asserts that even those parties who object to the use of the  d(#LongleyRice study have suggested that the Commission not consider the station's FCC Grade B contour.  d(#WPXA states that, most significantly, analysis of the Supplemental Study demonstrates that a number of  d(#the cable communities beyond the station's predicted Grade B contour actually fall within the scope of  S -WPXA's LongleyRice Grade B contour.-  = yO- d(#ZԍUsing this methodology, WPXA states that it can be seen to provide a Grade B signal to all, or a substantial  d(#part of the following communities Chattanooga, Cleveland, Collegedale, East Ridge, Lookout Mountain, Red Bank,  d(#<Signal Mountain, SoddyDaisy, and Walden, Tennessee; Blue Ridge, Chatsworth, Chickamauga, Cohutta, Dalton, Eton, Fort Oglethorpe, Lookout Mountain, Ringgold, Tunnel Hill, and Varnell, Georgia.   S - v 31. WPXA points out that two parties, Brenmor Cable and Comcast, offered results of tests measuring  d(#WPXA's signal in an attempt to show that the station does not provide actual overtheair coverage.  d(#However, WPXA argues that these limited tests cannot be regarded as conclusive indicators of its signal  d(#strength throughout the communities. In any event, WPXA states that two tests conducted by its own  d(#engineer demonstrate that the station does, in fact, place a quality overtheair signal into Cleveland and  d(#Lthe surrounding areas, the system served by Brenmor Cable. In conclusion, WPXA argues that denial of  S- d(#its petition would be inconsistent with Commission precedent..Z= {OX!- d(#ԍSee, e.g., DP Media of Martinsburg, Inc.,DA 98126 (released February 4, 1998), the Commission granted in  d(#hpart WSHE's request to add certain communities in a situation where all four of the statutory factors weighed against grant except one Grade B coverage. The only areas denied fell outside the station's Grade B contour.  Moreover, since in several previous  d(#decisions the Commission has deleted communities in the Atlanta ADI from WPXA's local market  d(#because they fell outside the Grade B contour, a denial where Grade B coverage has been shown would effectively limit WPXA to only a portion of its Congressionallyrecognized local market. "@ .,`(`(88T"Ԍ S- v "32. In a supplement to its opposition, WTVC argues that the FCC Grade B contour supplied by  d(#WPXA proves that the station's Grade B contour does not extend to the city of Chattanooga or  d(#jcommunities north. In addition, the latest LongelyRice exhibit shows WPXA's signal reaches only mere  d(#>pockets of high terrain, sparselypopulated areas that are not covered within the "standard" Grade B  d(#contour. WTVC maintains that this does not demonstrate sufficient coverage for ADI modification  d(#purposes. Finally, WTVC indicates that WPXA improperly applies the LongleyRice UHF dipole factor  d(#iadjustment outside its intended context. It points out that the Commission specifically stated that the DTV  S-Sixth Report and Order "does not modify previous rules relating to analog NTSC service."Z/= yOP-ԍOET Bulletin No. 69, Frequently Asked Question #1.Z  S-\ DISCUSSION ă  SJ - v 0 33. WPXA is seeking to add 78 communities and unincorporated county areas located in 15 counties  d(#in Georgia, Tennessee and North Carolina to its Atlanta ADI. WPXA argues that it sufficiently meets the  d(#criteria with regard to local service and local programming to be considered a local station for the  d(#communities in question. The opposing parties deny this. Based on our analysis of the evidence relating to the four statutory and other relevant factors, WPXA's petition will be granted in part and denied in part.  SZ- v 2!34. Atlanta, WPXA's market, is the nation's tenth largest market in terms of population. It is  d(#zapproximately 170 miles long and 150 miles wide, encompassing 52 counties in three states. WPXA,  d(#licensed to Rome, Georgia, began operation in 1988 and broadcasts on channel 14 from a transmitter close  d(#to Waleska, Georgia. Chattanooga, the market in which all of the requested communities are located, is  d(#=the 86th largest market in terms of population and in size is less than half that of Atlanta, encompassing  d(#[18 counties in four states. The requested communities range, on average, from 41 to 94 miles away from  d(#Rome, WPXA's city of license, and 35 to 87 miles away from Waleska, WPXA's transmitter site. The  d(#Mterrain of many of the requested communities is affected by such natural barriers as mountain ranges, National forests, rivers and lakes.  S- v "35.  Historic Carriage. WPXA has no history of carriage on any of the cable systems serving the  d(#Mrelevant communities, despite being ontheair for 10 years. There is also no evidence that WPXA is  d(#Lcarried on any cable systems serving other nearby communities. While carriage on nearby cable systems  d(#is not a factor specified in the statute, such carriage serves to demonstrate the belief of both the stations  d(#zand systems involved that there is a market nexus between the broadcast station and the communities  d(#where the station is carried and thus provides evidence as to the scope of a station's market. It should  d(#also be noted that WPXA is not listed in any local TV listings for any of the principal communities nor has it provided information that any of its income is attributable to the communities at issue.  Sb- v ?#36. Viewership. WPXA has been operating as a fullpower television station since February 29,  d(#\1988. It was able to achieve significantly viewed status in five Georgia counties based on viewership  S - d(#\levels it achieved within its first three years of operation.0 X= yO $- d(#ԍThose five counties are Bartow, Chattooga, Floyd, Gordon, Murray and Polk, Georgia. 1997 A.C. Nielsen information indicates that WPXA has only been able to retain viewership levels in Chattooga County. Currently, with the exception of Murray" 0,`(`(88u!"  S- d(#jCounty, Georgia,1= yOh- d(#ԍThis status was achieved based on Arbitron 19891990 audience survey data. The most recent available A.C. Nielsen survey data for 1997, however, shows no current viewership levels for WPXA in Murray County.  WPXA is not considered to be significantly viewed in any of the instant counties nor  d(#does it achieve any ratings in the subject counties. It is true that WPXA's switch in 1994 to a "specialty"  d(#format may have contributed to its decline and/or current lack of viewership data and we recognize that,  d(#Lfor a time, WPXA was a station that may have had a limited audience. However, it should be noted that  d(#with the arrival of its current PaxNet programming, WPXA can no longer be considered a specialty  d(#station, but a regular commercial independent station. Therefore, we must give some weight to the fact that the station has no reported audience in the counties where the cable communities are located.  S- v $37.  Local Programming. WPXA contends that its program format combining informercials, religious  d(#{and local public affairs programming, and its new PaxNet network provides valuable programming  d(#services to the instant communities. However, we are not convinced that such programming, while of  d(#potential general interest, is the kind that suggests that the requested communities are a particular focus of the station or are in any sense served in a manner that establishes a specific market connection.  S - v %38.  Coverage by Other Stations. In general, in instances where other stations eligible to be carried  d(#serve the communities in question, we do not believe that Congress intended this criterion to operate as  d(#a bar to a station's ADI claim whenever other stations could also be shown to serve the communities at  d(#issue. Rather, we believe that this criterion was intended to enhance a station's claim where it could be shown that other stations do not serve the communities at issue.  S- v >&39.  Station Coverage of Communities. With respect to coverage, the Commission stated in its  S- d(#Report and Order in MM Docket 92259, supra, that "to show that the station provides coverage or other  d(#jlocal service to the cable communities, parties may demonstrate that the station places at least a Grade B  Sj- d(#Lcoverage contour over the cable communities or is located close to the community in terms of mileage."?2j = yO*-ԍ8 FCC Rcd at 29762977.?  d(#While the predicted Grade B contour of WPXA's signal on file with the Commission indicates Grade B  d(#coverage over only about half of the requested counties, in this instance WPXA places its strongest  d(#reliance on a LongleyRice propagation study which purports to show that WPXA provides a Grade B or  d(#/better signal to all of the instant communities. WPXA maintains that LongleyRice studies are being  d(#increasingly used in Commission processes to reflect signal propagation and its use is appropriate here.  d(#The opposing parties contend that, given the geography of the region, the use of a LongleyRice study is both inappropriate and an unreliable indicator of WPXA's true coverage of the communities.  S- v '40. The cable television mandatory broadcast signal carriage rules were adopted as part of the 1992  d(#Cable Act. According to the legislative history of that Act, the use of ADI market areas is intended "to  d(#kensure that television stations be carried in the areas which they serve and which form their economic  S- d(#!market."Z3= yO#-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).Z The Act specifically provided that the Commission was to consider adding additional  d(#communities or excluding communities from the markets of television stations "to better effectuate the  S:- d(#purposes" of the mandatory carriage requirements.=4:@= yO'-ԍ47 U.S.C. 534(h).= In acting on such requests, the Commission was":4,`(`(88 "  d(#instructed to "afford particular attention to the value of localism, taking into account four specified  S-statutory factors." These factors, however, were "not intended to be exclusive."Z5= yO@-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).Z xxX  S- v (41. In reaching our conclusion, we have considered the statutory factors as well as other relevant  d(#jinformation. WPXA has never been carried in any of the communities in question (factor I), provides no  d(#specificallydirected local programming to the communities (factor II), and has no measured audience in  d(#the communities. Given the statutory directive, weight must be given to these factors, but that must be  d(#done bearing in mind that the objective of the Section 614(h) process is to "better effectuate the purposes"  d(#of the broadcast signal carriage scheme. Thus, with respect to the question of historical carriage patterns,  d(#attention must be paid to the circumstances from which such patterns developed. Some stations have not  d(#zhad the opportunity to build a record of historical carriage for specific reasons that do not necessarily  d(#reflect a judgment as to the geography of the market involved. Given the age of WPXA and the terrain involved, however, that does not appear to be the circumstance here.  S - v m)42. Given the difficulties of relying exclusively and explicitly on the statutory factors of historical  d(#carriage and viewing patterns, which in certain circumstances could severely narrow the carriage rights  d(#=of stations even within what is undeniably their local market area, we have found it helpful to focus also  d(#on factors that are less influenced by the type of station involved or historical carriage, especially in  S0- d(#instances such as here when the station had a specialty format.j60X= {O(-ԍSee Cablevision Systems Corp., 11 FCC Rcd 6453, 6474 (1996).j The scope of a local station's market  d(#.may be measured through geographic means by examining the distance between the station and the cable  d(#communities subject to the request and by taking into account natural phenomena such as waterways,  d(#]mountains, and valleys that may tend to separate communities and define natural markets basic  d(#geographic, demographic and political features that provide the best available evidence of the market  d(#=boundaries of the stations involved. In this regard, the Commission has explicitly noted the relevance of  S@- d(#yGrade B contours as well.Q7@= yO- d(#ԍAs a general matter, Grade B coverage demonstrates service to cable communities and serves as a measure of  {O- d(#a station's natural economic market. See MM Docket No. 92259, 8 FCC Rcd at 2977. See also Amendment of  {O\- d(#Section 76.51 (OrlandoDaytona, Melbourne, and Cocoa, Florida), 102 FCC 2d 1062, 1070 (1984) ("We believe  d(#that television stations actually do or logically can rely on the area within their Grade B contours for economic support.")Q In the absence of other information, station service contours provide at least  d(#one objective measure of the scope of a station's local market. In the case herein, we find that, in view  d(#of the numerous natural barriers inherent in the region in which the requested communities are located,  d(#WPXA's predicted Grade B contour alone cannot be relied on as an accurate representation of the station's  d(#actual overtheair coverage. LongleyRice propagation studies, however, take such factors as terrain into  d(#account and can be of help in determining a station's actual service area. Moreover, since such studies  d(#have been used in a variery of contexts, including both analog and digital television, and are generally  d(#useful in demonstrating the effects of irregular terrain, we find their use of probative value in modification"(7,`(`(88l"  d(#cases. We therefore accept WPXA's LongleyRice submission as supporting, or for some areas rebutting,  S-its request.H8X= yO@- d(#ԍAlthough WTVC questioned WPXA's application of the LongleyRice UHF dipole factor adjustment, it presents  d(#no supporting evidence to support its contentions nor does it present evidence that terrain considerations were not properly taken into consideration.H  S- v *43. Upon review, however, we do not agree with WPXA that the LongleyRice propagation study  d(#presented justifies its argument that it provides a Grade B or better signal to all of the communities.  d(#Outside of the counties of Whitfield and Murray, Georgia, and a small portion of Bradley County,  d(#Tennessee which does not encompass the requested communities in that county, WPXA's coverage  d(#appears spotty at best, while the majority of counties appear to receive no Grade B service at all. Such  d(#spotty coverage is a clear indication that the natural barriers found in a majority of the region precludes  d(#overtheair reception of WPXA's signal in all F%{D  but a few isolated instances. Adding this factor to WPXA's  d(#lack of historic carriage, lack of programming and lack of viewership, we conclude that it cannot be used  d(#to justify grant of WPXA's request for communities located in the counties of Catoosa, Fannin, and  d(#/Walker, Georgia; Cherokee, North Carolina; and Bradley, Polk, Hamilton, Marion, Rhea, Sequatchie,  d(#\McMinn and Meigs, Tennessee. For communities in the counties of Murray and Whitfield, Georgia,  d(#however, although the factors recited by the opposing parties do weigh in favor of denial, we find that  d(#=other factors deserve more weight. Whether it is from topography or orientation of its signal, it appears  d(#that WPXA provides a consistent overtheair signal to this region. WPXA has the ability to establish  d(#itself in this region. Moreover, as these two counties cannot be said to constitute the core of the  d(#Chattanooga market, there is little danger that the limited grant of must carry rights to WPXA will pose serious competitive harm to the Chattanooga market as a whole.  S-1C ORDERING CLAUSES  S-  Sh- v +44. Accordingly, IT IS ORDERED , pursuant to 614(h) of the Communications Act of 1934, as  d(#amended, 47 U.S.C. 534(h) and 76.59 of the Commission's Rules, 47 C.F.R. 76.59, that the petition  S- d(#Zfor special relief (CSR5254A) filed on behalf of Paxson Atlanta License, Inc. IS GRANTED IN PART  S- d(#with respect to the communities of Chatsworth, Eton and Unincorporated Murray County,9 = yOx- d(#ԍWTVC objected to the inclusion of unincorporated county areas since the modification requirements specify  d(#xcommunities only. However, since cable systems which register service to unincorporated county areas do so for  d(#specific portions of counties (i.e., unincorporated areas surrounding a particular community) and such portions receive individual CUID numbers, we see no objection to their inclusion herein.  Georgia; and  S- d(#OCohutta, Dalton, Tunnel Hill, Varnell and Unincorporated Whitfield County, Georgia, and IS OTHERWISE DENIED.  Sx-  SP-,45. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. ` `  hhCFEDERAL COMMUNICATIONS COMMISSION ` `  hhCWilliam H. Johnson, Deputy Chief ` `  hhCCable Services Bureau"89,`(`(88 "  X-#Xj\  P6G;9XP#eAPPENDIX I The communities listed in WPXA's petition are the following:  X-` `  hhCqppDistances fromxxXRelation to  X-Community` `  CountyqCUIDppRome/ Waleska*xxXWPXA Gr. B*  Xv-  X_-Unin. Catoosa Cty.  CatoosaqGA0574pp  )  XH-Unin. Catoosa Cty. (N) " "hhCqGA0173pp  X1-Unin. Catoosa Cty. " "hhCq GA0153pp  )xxX   X -Ringgold` `  " "hhCq GA0172pp45/52  )xxXwithin (#(#  X -Ft. Oglethorpe " "hhCq GA0493pp46/58  )xxXwithin  X -Ft. Oglethorpe " "hhCq GA0496pp46/58  )xxXwithin (#(#  X -Trenton` `  DadehhCq GA0539pp46/67  )xxXoutside  X -Unin. Dade Cty. " "hhCq GA0975pp  )xxX  Xy-Blue Ridge` `  Fanninq GA0166pp64/40  )xxXwithin#(#(#  Xb-Unin. Fannin Cty. " "hhCq GA0159pp  )xxXwithin  XK-McCaysville` `  " "hhCq GA0171pp68/47  )xxXwithin#(#(#  X4-Morganton` `  " "hhCq GA0387pp68/42  )xxXwithin#  X-Lafayette` `  Walkerq GA0094pp31/50  )xxXwithin  X-Linwood` `  " "hhCq GA0152pp31/50  )xxXwithin  X-Unin. Walker Cty. " "hhCq GA0151  X-Unin. Walker Cty. " "hhCq GA0067  X-Ft. Oglethorpe " "hhCq GA0494pp  )xxX  X-Ft. Oglethorpe " "hhCq GA0497  X|-Rossville` `  " "hhCq GA0192pp49/62  )xxXoutside  Xe-Rossville` `  " "hhCq GA0495pp49/62  )xxXoutside  XN-Chickamauga` `  " "hhCq GA0088pp42/57  )xxXwithin  X7-Lookout Mountain " "hhCq GA0190pp49/64  )xxXoutside  X -Chatsworth` `  Murrayq GA0252pp43/34  )xxXwithin#  X-Eton` `  " "hhCq GA0659pp46/37  )xxXwithin#  X-Unin. Murray Cty. " "hhCq GA0253pp  )xxXwithin#  X!-Cohutta` `  Whitfieldq GA0320pp50/50  )xxXwithin  X"-Dalton` `  " "hhCq GA0051pp37/40  )xxXwithin#  X#-Tunnel Hill` `  " "hhCq GA0319pp41/46  )xxXwithin  Xh$-Varnell` `  " "hhCq GA0318pp46/47  )xxXwithin  XQ%-Unin. Whitfield Cty. " "hhCq GA0317pp  )xxXwithin  X#'-Unin. Cherokee Cty. Cherokeeq NC0814"#'9,`(`(88%"Ԍ X-Murphy` `  " "hhCq NC0107pp87/61  )xxXoutside  X-Andrews` `  " "hhCq NC0647pp101/74  )xxXoutside  X-Unin. Bradley Cty. Bradleyq TN0159pp  X-Cleveland` `  " "hhCq TN0068pp66/62  )xxXon edge  X-Charleston` `  " "hhCq TN0285pp77/68  )xxXoutside  Xv-Charleston` `  " "hhCq TN0316pp77/68  )xxXoutside(#(#  XH-Copperhill` `  PolkhhCq TN0114pp69/48  )xxXwithin (#(#  X1-Ducktown` `  " "hhCq TN0240pp70/50  )xxXwithin (#(#  X -Unin. Polk Cty. " "hhCq TN0341pp  )xxX  X -Unin. Polk Cty.(N) " "hhCq TN0635  X -Unin. Polk Cty. " "hhCq TN0404  X -Unin. Polk Cty. " "hhCq TN0579  X -Benton` `  " "hhCq TN0338pp70/60  )xxXwithin   X -Mineral Bluff** " "hhCq E%8c@   E%8c@ TN0667  Xy-Chattanooga` `  Hamiltonq TN0062pp56/66  )xxXoutside(#(#  Xb-Collegedale` `  " "hhCq TN0183pp54/58  )xxXwithin  XK-East Ridge` `  " "hhCq TN0066pp51/61  )xxXoutside  X4-Unin. Hamilton Cty. " "hhCq TN0173  X-Lakesite` `  " "hhCq TN0182pp65/70  )xxXoutside(#(#  X-Lookout Mountain " "hhCq TN0125pp51/65  )xxXoutside  X-Red Bank` `  " "hhCq TN0065pp59/69  )xxXoutside  X-Ridgeside` `  " "hhCq TN0124pp53/64  )xxXoutside  X-Signal Mountain " "hhCq TN0177pp60/72  )xxXoutside  X-SoddyDaisy` `  " "hhCq TN0187pp69/74  )xxXoutside  X-Walden` `  " "hhCq TN0206pp62/73  )xxXoutside  Xe-Unin. Marion Cty. Marionq TN0666pp  )xxXoutside  XN-Unin. Marion Cty. " "hhCq TN0286pp  )xxXoutside  X7-Jasper` `  " "hhCq TN0164pp60/80  )xxXoutside  X -Jasper` `  " "hhCq TN0277pp60/80  )xxXoutside  X -Kimball` `  " "hhCq TN0165pp61/81  )xxXoutside  X-New Hope` `  " "hhCq TN0596pp58/79  )xxXoutside  X-Powells Crossroad " "hhCq TN0305pp66/80  )xxXoutside  X -South Pittsburg " "hhCq TN0163pp60/82  )xxXoutside  X!-Whitwell` `  " "hhCq TN0304pp67/82  )xxXoutside  X"-  X#-Dayton` `  RheahhCq TN0356pp85/85  )xxXoutside  XQ%-Unin. Sequatchie Cty.Sequatchieq TN0508pp  )xxXoutside  X:&-Unin. Sequatchie Cty." "hhCq TN0260pp  )xxXoutside  X#'-Dunlap` `  " "hhCq TN0262pp77/87  )xxXoutside"#'9,`(`(88%"Ԍ X-ԙAthens` `  McMinnq TN0010pp88/78  )xxXoutside  X-Englewood` `  " "hhCq TN0203pp89/76  )xxXoutside  X-Etowah` `  " "hhCq TN0011pp83/70  )xxXoutside  X-Unin. McMinn Cty. " "hhCq TN0204pp  )xxXoutside  X-Niota` `  " "hhCq TN0311pp94/83  )xxXoutside  X-Calhoun` `  " "hhCq TN0284pp76/69  )xxXoutside  Xv-Calhoun` `  " "hhCq TN0317pp76/69  )xxXoutside  XH-Decatur` `  MeigshhCq TN0357pp90/84  )xxXoutside  X1-Unin. Meigs Cty. " "hhCq TN0512pp  )xxXoutside *where known  d(#j**There is apparently some confusion as to the actual location of Mineral Bluff. WPXA, in its  d(#petition, lists Mineral Bluff as located in Polk County, Tennessee and it is so registered with the  d(#Commission. In its opposition, however, WTVC states that Mineral Bluff is located in Fannin  d(#County, Georgia. Commission records do not indicate that a Mineral Bluff, Georgia has ever  d(#been registered, but from available maps we cannot locate a Mineral Bluff in Polk County,  d(#Tennessee, while these same maps do show a Mineral Bluff in Fannin County, Georgia. In  d(#=addition, the US Geological Survey website which provides distance information also shows a Mineral Bluff in Fannin County at a distance of 69 miles from Rome, Georgia. #also within Grade A contour