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(1) (a) (i) 1) a)D )DDDFrf9q 2VK"NKmPKRJ"i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\nBnnBb\\>g\7"yyyy\njc\}nn\"i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%7%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lBTn(nBB(AZZ>>n%07\n!"IIIITTenn7TnB@;7>lBBn72^j^ZbOy.X80,ɒX\  P6G;PP7jC:,ynXj\  P6G;XPQ2a=5,u&a\  P6G;&P R2e=5,&e4  pG;&S7nC:,Washington, D.C. 20554 ă ) In the Matter of:)  S!-)ppCSR5274M Agape Church, Inc. ) Against) Community Communications Company) ) Request for Mandatory Carriage)  S -   MEMORANDUM OPINION AND ORDER \  S - Adopted: November 3, 1998 hhCqpp Released: November 5, 1998 By the Acting Chief, Consumer Protection and Competition Division:  S- I.INTRODUCTION  S-  S- 1.` ` Agape Church, Inc., licensee of broadcast television station KVTH(TV), Hot Springs,  d(#[Arkansas ("KVTH") has filed a request for mandatory carriage of its signal on the cable system operated  d(#by Community Communications Company ("CCC") in the communities of Amity, Glenwood, Royal, and Curtis, Arkansas. The complaint is unopposed.  S- II.BACKGROUND  S- 2.` ` Pursuant to Section 614 of the Communications Act and implementing rules adopted by  Sa- d(#the Commission in Implementation of the Cable Television Consumer Protection and Competition Act:  S;- d(#Broadcast Signal Carriage Issues ("Must Carry Order"),z; yO-#X\  P6G;ɒP#Ѝ8 FCC Rcd 2965, 29762977 (1993).z commercial television broadcast stations are  d(#entitled to assert mandatory carriage rights on cable systems located within the station's market. A  S- d(#station's market for this purpose is its "area of dominant influence," or ADI, as defined by the Arbitron  S- d(#audience research organization.{X yO -  #X\  P6G;ɒP#эSection 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides   that a station's market shall be determined by the Commission by regulation or order using, where available,  {OM"-  commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. 534(h)(1)(C).   Section 76.55(e)(1) of the Commission's Rules provides that a commercial television station's market shall be defined   =as its ADI and that the ADIs to be used for purposes of implementing the mandatory carriage rules are those  {O$-published in Arbitron's 19911992 Television Market Guide. See 47 C.F.R.  76.55(h)(1) (1996).{ An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing.  SM- " ,**88e""Ԍ S-ԙIII.SUMMARY OF ARGUMENTS  S- aԊ3.` ` KVTH states that it is a qualified local commercial station authorized to operate on  d(#MChannel 26, in Hot Springs, Arkansas, and is assigned to the Little RockPine Bluff ADI. The above  d(#Mcaptioned communities all lie within the Little RockPine Bluff ADI and are served by cable systems  d(# owned by CCC. KVTH asserts that it could supply a strong signal to the principal headend of each system.  S-  ~4.` ` d%jI KVTH asserts that on February 26, 1998, it attempted to enforce its must carry rights.  d(#On that date, James Grant, the General Manager of KVTH, sent notices via registered mail to CCC  d(#requesting carriage for KVTH on the CCC cable systems in Amity, Glenwood, Royal, Rosston, Norman,  SH - d(#yand Curtis, Arkansas.7H E yO -ԍComplaint at 2.7 According to KVTH, Bill Copeland, CCC's General Manager, called Mr. Grant to  d(# discuss the requests for carriage on March 3, 1998. KVTH states that during this conversation, Mr.  d(#Copeland unequivocally agreed to carry the station on the cable systems serving Amity, Glenwood, Royal,  S - d(#Mand Curtis.1 XE {O-ԍId.1 KVTH then states that Mr. Copeland noted that the Rosston and Norman systems had  d(#ldifficulty receiving the station's signal and that both systems had fewer than 150 subscribers; Mr.  d(#Copeland believed that these circumstances negated CCC's carriage obligations in Rosston and Norman  d(#Zand no further discussions occurred. KVTH states that Mr. Copeland then asked Mr. Grant for thirty days  S0- d(#to implement carriage of KVTH on the four agreedupon systems because CCC had only one technician  S- d(#servicing thirty headends; as an accommodation to CCC, Mr. Grant accepted this deadline. Despite the  d(#>oral agreement for carriage, KVTH asserts that CCC did not add the station to its channel lineups in  d(#Amity, Glenwood, Royal, and Curtis. KVTH adds that on April 16, 1998, Mr. Grant notified Mr.  d(#Copeland that CCC had failed to comply with its carriage obligations and demanded that Mr. Copeland  d(#honor their carriage agreement. KVTH states that by the end of the thirty day deadline contained in  d(#/Section 76.61(a)(2) of the Commission's rules, CCC had neither responded to Mr. Grant's letter, nor  S- d(#=begun carriage of the station.7E {O-ԍId. at 3.7 KVTH states that it is filing this complaint within sixty days of May 16,  d(#1998, as prescribed by Section 76.7 of the Commission's rules and requests that the Commission order CCC to begin carrying KVTH on the Amity, Glenwood, Royal, and Curtis cable systems.  Sx- IV.DISCUSSION  S(- s5.` ` We grant KVTH's carriage complaint against CCC. Section 614(a) of the  d(#LCommunications Act states that each cable operator shall carry the signals of local commercial television  S- d(#Lstations.]|E yO"-ԍCommunications Act 614(a), 47 U.S.C.  534(a).] A local commercial television station is defined as any full power broadcast television station  S- d(#jthat is within the same television market as the cable system.1 E {O\%-ԍId.1 It is undisputed that KVTH and CCC are  d(#located within the same ADI. A cable operator is required to carry the signals of a local commercial  d(#station unless that station fails to deliver a good quality signal to the cable system's principal headend;"`,`(`(88"  d(#[the station's signal substantially duplicates the signal of another local commercial station which is carried  d(#on the system; or the cable operator (with a system of more than 12 usable activated channels) has already  d(#mallocated up to onethird of the aggregate number of its usable activated channels to other local  S- d(#commercial stations.E {O-ԍSee Broadcast Signal Carriage Issues: Clarification Order, 8 FCC Rcd 4142 (1993). The Commission's rules also require a local commercial station that believes that  S`- d(#a cable operator has failed to meet its carriage obligations to complain in writing to the operator.N `ZE {OZ-ԍSee 47 C.F.R.  76.61 (a)(2).N The  d(#cable operator must respond in writing to the station's complaint within 30 days of receipt. The cable  S- d(#operator must either commence carriage of the signal or explain its reasons for failing to do so. E {O - d(#ԍSee 47 C.F.R. 76.61 (a)(2). If a refusal to carriage is based on the station's distance from the cable system's  d(#jprincipal headend, the operator's response must include the location of the cable system's headend. If a cable  d(#hoperator denies carriage on the basis of the failure of the station to deliver a good quality signal at the cable system's  d(#principal headend, the operator must provide a list of equipment used to make the measurements, the point of measurement and a list of the reception and overtheair signal processing equipment used. If the  d(#Commission determines that a cable operator has failed to meet its mustcarry obligations, it may order  d(#an operator to commence carriage of the station in question. We find that KVTH has met all the requirements to be considered a mustcarry station.  d%jI   SH - V.ORDERING CLAUSES  S - 6.` ` Accordingly, IT IS ORDERED that, pursuant to Section 614 of the Communications Act  d(#of 1934, as amended, 47 U.S.C. 534, and Section 76.56(b)(5) of the Commission's rules, 47 C.F.R.  d(#76.56(b)(5), the Must Carry Complaint (CSR5274M) filed by Agape Church, Inc., licensee of KVTH,  S - IS GRANTED .  S0- 7.` ` IT IS FURTHER ORDERED that Community Communications Company, Inc. SHALL  S- d(#COMMENCE CARRIAGE of the signal KVTH(TV) within sixty (60) days from the release date of this Order on its cable systems serving the communities of Amity, Glenwood, Royal, and Curtis, Arkansas.  S- _8.` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R.  0.321. ` `  hhCFEDERAL COMMUNICATIONS COMMISSION ` `   ` `  hhCDeborah E. Klein ` `  hhCActing Chief, Consumer Protection and Competition Division ` `  hhCCable Services Bureau ` `