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(1) (a) (i) 1) a)D )DDDFrf9q 2KS\FVZY"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNCommunications ("Adelphia") has failed to commence carriage of WOACTV on its systems serving  SP- x\several Ohio communitiesXPX yOH- xԍThese systems serve the following Ohio communities: (1) Lorain (OH0202); (2) Sheffield (OH1691); (3)  xVermilion (OH0994, OH0995, OH1164, and OH0314); (4) Brownhelm (OH1452 and OH1621); and (5) Florence (OH1631). from its Lorain and Vermilion headends, as required by Section 614 of the  S(-Communications Act.;(x yO@!-ԍ 47 U.S.C. 534.; Adelphia filed an Opposition to the Complaint and WOACTV filed a Reply.  S-M# BACKGROUND ă  S-  2.xPursuant to Section 614 of the Communications Act and implementing rules adopted by the  S`- xCommission in Implementation of the Cable Television Consumer Protection and Competition Act:  S:- xBroadcast Signal Carriage Issues ("Must Carry Order"),z: yO'-#X\  P6G;ɒP#Ѝ8 FCC Rcd 2965, 29762977 (1993).z commercial television broadcast stations are  S - xentitled to assert mandatory carriage rights on cable television systems located within the station's market. " ,**88!"  xA station's market for this purpose is its "area of dominant influence," or ADI, as defined by the Arbitron  S- xaudience research organization. D3 yO@- xԍSection 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides  xthat a station's market shall be determined by the Commission by regulation or order using, where available,  {O- xcommercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. 534(h)(1)(C).  xSection 76.55(e) of the Commission's rules provides that the ADIs to be used for purposes of the initial  {Ob- ximplementation of the mandatory carriage rules are those published in Arbitron's 19911992 Television Market Guide.  xThe Commission recently concluded that it was appropriate to switch market definitions from ADIs to Nielsen Media  {O- xResearch's designated market areas ("DMAs") for mustcarry/retransmission consent elections. See Definition of  xiMarkets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules, Report and  {O - xOrder and Further Notice of Proposed Rule Making, CS Docket No. 95178, 11 FCC Rcd 6201 (1996) ("Market  {OP - xModification Report and Order"). In its Market Modification Report and Order, the Commission decided to use  {O - xZArbitron's 19911992 Television ADI Market Guide market designations for the 1996 election and postpone the  xswitch to Nielsen's DMAs until the mustcarry/retransmission consent election that is to take place on October 1,  {O - x1999. The Commission also issued a Further Notice in its Market Modification Report and Order to solicit  xI additional information and provide parties an opportunity to further consider issues relating to the transition to market designations based on Nielsen's DMAs. An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns.  S`- SUMMARY OF ARGUMENTS ă  S-  3.xWOACTV asserts that it is entitled to mandatory carriage on Adelphia's Lorain and Vermilion  xsystems because it is a qualified local commercial station as defined under the Commission's mustcarry  S- xrules.7V D3 yO-ԍComplaint at 1.7 WOAC explains that it is licensed to Canton, Ohio, and states that it and Adelphia are both located  xwithin the Cleveland Ohio ADI. WOACTV explains that it is currently engaged in negotiations with  xAdelphia in which it is offering to measure its own signal quality at each headend and is offering, if  SH - xneeded, to install at its own expense the necessary signal boosting equipment.7H D3 {O-ԍId. at 2.7 According to WOACTV,  x]it is filing this complaint solely for the purpose of preserving its must carry rights and "has every  xexpectation given Adelphia's cooperative attitude that this matter can be resolved without Commission  S -action."1 xD3 {O-ԍId.1  S -  4.xWOACTV states that by letters dated March 27, 1998, it informed the manager of each of  SX- x=Adelphia's headends that it had acquired the license for the station from Whitehead Media of Ohio, Inc.1 X D3 {O"-ԍId.1  xThe station states that those letters, which were received by the operator on April 1, 1998, explained that  xWOACTV is a qualified signal under the Commission's rules and requested carriage on the two Adelphia  S- xcable systems at issue.1 D3 {O&-ԍId.1 According to WOACTV, Adelphia answered in a letter dated April 14, 1998,  xthat based on earlier testing, it did not believe the headends received a sufficient signal, but would be". ,`(`(88"  xwilling to test the signal again once improvements were made. WOACTV states that this letter did not  S- xclearly make a commitment to carry the station nor did it clearly deny WOACTV's request.1 D3 {O@-ԍId.1 WOACTV  xexplains that it was contacting Adelphia to state its intentions to conduct tests to show that additional  S- xequipment will boost its signal strength to the appropriate level.7 ZD3 {O-ԍId. at 3.7 WOACTV states that while these  xsignal tests have not been completed, the timeframe in which to file a complaint to preserve its must carry  xrights will soon expire; thus, it filed the instant complaint thirty days after Adelphia failed to explicitly  S-deny its initial request for carriage.1 D3 {O -ԍId.1  S-  5.xIn Opposition, Adelphia argues that it responded in a timely manner to deny WOACTV's request  xlfor carriage by stating that a good quality signal was not received at the headends, and because the  Sp- xcomplaint was filed more than 60 days after the denial, it should not be accepted by the Commission.:p~D3 yO-ԍOpposition at 12.:  xAdelphia states that WOACTV acknowledged receipt of its April 14, 1998 letter, and thus admits that  xit was on notice of the reason it was denied carriage; however, the station did not file its complaint until  S - xJune 30, 1998, well after the 60 days allowed under the statute.7 D3 {O-ԍId. at 3.7 Adelphia argues that its offer to  xconsider additional signal strength measurements does not negate its denial of carriage and such an offer  S -does not extend the time frame for the station to file a complaint.1 D3 {O-ԍId.1  SX-  6.xAdelphia also argues that because WOACTV has not provided a good quality signal to the  x[headends, and because Adelphia has not violated any regulation by not making arrangements to carry the  S- xstation, the complaint is not valid.72 D3 {O-ԍId. at 4.7 Adelphia asserts that the station should not be allowed to offer its  xown delay in arranging for signal strength tests as a means for extending its statutory rights and the  xyCommission's rules do not provide an avenue for a station to preserve its rights to file a complaint on the  S-chance that an operator might not meet its future obligations.1 D3 {O-ԍId.1  S@-  7.xIn Reply, WOACTV argues that its complaint was timely filed because Adelphia's April 14th,  S- x1998 letter was not a rejection letter but rather an invitation to do further testing. According to the  xstation, the real triggering event was Adelphia's failure to properly respond within thirty days, by May1, j%V 1,  S- x1998, to the station's April 1, 1998 demand for carriage.5V D3 yO%-ԍReply at 12.5 WOACTV further argues that the April 14,  x1998 Adelphia letter could not be seen as a rejection letter because there were never any signal strength",`(`(88#"  S- xtests performed at the Vermilion headend; such testing data is required by the Commission's rules._D3 {Oh-ԍId. at 4, citing 47 C.F.R. 76.62(a)(2)._  xMoreover, the information supplied in connection with the tests performed at the Lorain headend also  xfailed to comply with the Commission's rules because such data, as tower height and antenna description,  S- xwas not supplied.1ZD3 {O-ԍId.1 Finally, WOACTV alleges that Adelphia will not permit the station to conduct signal  S`-quality tests during the pendency of this proceeding.7`D3 {O-ԍId. at 5.7  S- DISCUSSION AND ANALYSIS ă  S-  8.x We grant WOACTV's complaint as we find that the station has adhered to the Commission's  xprocedural deadlines. First, we do not consider Adelphia's April 14, 1998 response to WOACTV's must  x[carry request to be a denial letter, and therefore the triggering event for the must carry complaint process  x.to commence, because the operator's response was clearly an invitation to the station to conduct further  xsignal testing. Instead, the triggering event was Adelphia's decision not to affirmatively deny WOAC xTV's request for carriage, within thirty days of receipt of the must carry request, as required by the  S - xCommission's rules.I ~D3 {O-ԍSee 47 C.F.R. 76.61(a).I WOACTV then properly filed its complaint with the Commission within sixty  S - x days of Adelphia's inaction.P D3 {OX-ԍSee  47 C.F.R. 76.7(c)(4)(iii)P A full power television station has the right to cure its signal strength  S - xLdeficiency.G D3 {O-ԍSee 8 FCC Rcd at 298990.G WOACTV may properly assert its right to be carried on Adelphia's cable systems once it provides a good quality signal to the headends in question.  S-1 ORDERING CLAUSES ă  S-  !9.xAccordingly, IT IS ORDERED , that the complaint for carriage (CSR5275M), filed June 30,  S- x1998, by SAH Acquisition Corporation II, licensee of station WOACTV in Canton, Ohio, IS GRANTED .  Sh- xAdelphia Cable Communications IS ORDERED to commence carriage of WOACTV on its Lorain and  x/Vermilion cable systems within sixty (60) days from the date that the station delivers a good quality  S-signal.T  S-10.xThis action is taken pursuant to authority delegated by  0.321 of the Commission's rules.  j%V  x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeryl S. Icove x` `  hhActing Chief, Cable Services Bureau