WPC\ 2BV[Z3|J 3 (TT)j y.v8*X v) P7QP"5^*ddddddddddddddddddddddddddddddddVSWySvx@@ddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddNdddddddddddddddddddddddddddddddddddddddNdddddddddddddddddddddddddddddddddddddddddd*ddddddddddddddddddddddddddddddddVSWySvx@@ddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddDeidra's printerSeries PCL 5eDESPRINT.WRSc PE37,,,&YP2 -7G Z73|J "5^*8DSS88S^*8*.SSSSSSSSSS..^^^Jxooxf]xx8Axfxx]xo]fxxxxf8.8NS8JSJSJ8SS..S.SSSS8A.SSxSSJP!PZ*8888C8SSxJxJxJxJxJooJfJfJfJfJ8.8.8.8.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJfJfJfJxSxSxSxSxSCS8S888SAxSx]AN:*KS8JSSSSS.4}}S2S}288JJS88SS8J82N8\\^C`^SS`*8DSS88S^*8*.SSSSSSSSSS..^^^Jxooxf]xx8Axfxx]xo]fxxxxf8.8NS8JSJSJ8SS..S.SSSS8A.SSxSSJP!PZv8SJSS8]888JJ:S8A8xx*8SSSS!S8.S^8SC\228`K*824S}}}Jxxxxxxoffff8888xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS\SSSSSSSDeidra's printerSeries PCL 5eDESPRINT.WRSX\  P6G;,,,&YP2R Times New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT) S' I. 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S' e 04. ` ` WBDCTV maintains that it is entitled to carriage on TCI's cable system because a) it is  x}a local commercial television station located in the same market as Cumberland, Maryland; b) it has  x&committed to paying all the costs necessary to ensure delivery of a good quality signal at the system's  xprincipal headend; c) TCI has not fulfilled its must carry requirement to provide onethird of its channel  xQspace to local stations; d) no distant signal copyright liability would be triggered by WBDCTV's carriage;  xand e) no station currently carried by TCI substantially duplicates WBDCTV's programming. WBDCTV concludes that the Commission should therefore order TCI to commence carriage of its signal.  Sj' e  5. ` ` In opposition, TCI argues that WBDCTV's complaint should be dismissed because the  S7' xxstation does not deliver a signal of sufficient strength to the cable system's principal headend.B7$ yO'ԍOpposition at Exhibit 1. B TCI points  xMout that WBDCTV does not dispute that it cannot deliver a good quality signal, but instead insists that  x+it is willing to pay the costs associated with delivering its signal to the Cumberland headend via  xmicrowave. However, TCI argues that WBDCTV incorrectly suggests that TCI is obligated to provide  xWBDCTV with access to, and transportation of, WBDCTV's signal to its principal headend via TCI's  xCacapon Mountain, West Virginia receive site and microwave facilities, as well as TCI's facilities at Iron  x^Mountain, Maryland. TCI states that it acknowledges that the Commission has instructed cable operators  xto accommodate broadcasters who wish to deliver their signal to the cable headend by means other than  xovertheair transmissions, but argues that that does not mean that the cable operator must turn over its  xkown plant to accomplish that delivery. If it were so, TCI maintains, the statutory specifications regarding  S9' x"principal headends" would be rendered meaningless.9x$ {OQ' x ԍSee, e.g., Complaint of Family Stations, Inc. against Sonic Cable Television, 10 FCC Rcd 8233 (1995); and  {O'Complaint of Channel 5 Public Broadcasting, Inc. against WestStar Cable, 10 FCC Rcd 8215 (1995). TCI points out that the Commission has explained  xthat "[t]he concept of principal headend is statutorilymandated and is, therefore, not something which can  S' x^be arbitrarily changed at either the discretion of the cable operator or this Commission."c$ {OG"'ԍComplaint of Channel 5, 10 FCC Rcd 8215, 8216 (1995).c In addition, TCI  xZindicates that the Commission stated that "[t]he use of separate reception and microwave transmission  Sm' xequipment would fall within this category of extraordinary measures. . . ."1mf $ {Os%'ԍId.1 Therefore, TCI argues that  x}it is irrelevant that TCI chooses to receive other Washington, D.C. broadcast signals at its Cacapon  xgMountain receive site when the reception of signals at such a site constitutes "extraordinary" measures" ,l(l(,,"  S' xMtaken at the cable operator's discretion.8 $ yOh'ԍOpposition at 3.8 In any event, TCI states that it should be pointed out that the  xZWashington, D.C. stations it receives at these facilities have elected, and are voluntarily carried by, the  x7operator pursuant to retransmission consent agreements. As a result, TCI argues that WDBCTV cannot  xclaim discrimination. TCI concludes that while it agrees that WDBCTV is entitled to deliver a good  xgquality signal to the Cumberland headend, it may not, even with compensation, appropriate TCI's plant in order to do so.  S' e 6. ` ` In reply, WBDCTV states that it does not contest the fact that currently it does not  xtprovide a signal of minimum signal strength to TCI's Cumberland headend. However, it maintains that  xkit is entitled to must carry because it has committed to deliver a good quality signal using microwave relay  xequipment and to bear all costs associated with such delivery. WBDCTV argues that the only outstanding  xxissue is whether TCI must cooperate by merely accepting the overtheair receive antenna and microwave relay equipment offered.  S6 ' e 7. ` ` WBDCTV states that the cases cited by TCI in support of its position that it need not  x7place the equipment offered at the sites used by TCI to transport four other Washington, D.C. stations to  xthe Cumberland headend are misplaced. WBDCTV points out that those cases only stated that a cable  xoperator need not transport a station's signal to its principal headend for the purpose of measuring whether  x^the station's signal meets the minimum requirements for carriage. WBDCTV argues that it is not seeking  xTCI's transport of its signal for the purposes of measuring signal strength because there is no doubt that  xits signal will meet the requirements once it is transported. Moreover, WBDCTV maintains that TCI's  x@obligation to work cooperatively is not only not negated by the cited cases, but is a position which the  S'Commission has restated on numerous occasions.3 X$ yO'ԍReply at 3.3  S8' e 8. ` ` WBDCTV asserts that its request for TCI to accept microwave relay equipment is  xfunctionally equivalent to accepting an overtheair receive site antenna. In any event, WBDCTV states  x*that what was contemplated by both parties in the approximately eight teleconferences regarding carriage  xwas that WBDCTV would place, at its own cost, a new overtheair receive antenna and microwave relay  Sl' x&equipment at the existing TCI facilities.W zl$ {O' x ԍId. WBDCTV states that the parties agreed that it would place an overtheair receive antenna at TCI's  x Cacapon Mountain site, as well as a microwave antenna to transmit the signal from that location to TCI's facility  x at Iron Mountain. In addition, WBDCTV would place a microwave receive antenna and a microwave transmit  x antenna at Iron Mountain to transmit the signal to the Cumberland headend. At the headend, WBDCTV would then  x supply a microwave receive antenna, as well as modulation/demodulation equipment. This receive and microwave  xk relay equipment would not be interconnected into or interfere with other TCI microwave equipment and is largely identical to that currently used by TCI.W WBDCTV points out that the obligation of a cable operator  S9' xto cooperate with a station on signal issues was spelled out in both the Commission's Must Carry Order  S' xand the Clarification Order and that TCI's refusal to cooperate is a clear violation of WBDCTV's must  S'carry rights. * $ {O$' x ԍSee, e.g., Must Carry Order, 8 FCC Rcd 2965, 2990 (1993), and Implementation of the Cable Television  {Oi%'Consumer Protection and Competition Act of 1992 ("Clarification Order"), 8 FCC Rcd 4142, 4144 (1993).  So'Ԋ "o ,l(l(,,"Ԍ S'0&S 1.0IV. DISCUSSION  S' e 9. ` ` According to Section 76.55(e) of the Commission's rules, commercial television broadcast  Sg' xxstations, such as WBDCTV, are entitled to carriage on cable systems located in the same ADI.? gɥ yO'ԍ47 C.F.R. 76.55(e).? WBDC xTV is located in the Washington, D.C. ADI, which is also where the cable system served by TCI is  xIlocated. WBDCTV maintains that it is entitled to carriage on TCI's system, despite the fact that it  xMcurrently does not provide a good quality signal, due to the fact that it has committed to provide, at its  xQown cost, the equipment necessary to ensure delivery of a signal of sufficient strength to the Cumberland  xheadend. TCI argues, however, that it is not obligated to allow WBDCTV to install equipment at its microwave receive sites in order to transmit its signal. We agree with TCI.  S' e 4 10. ` ` As stated in the Clarification Order, ". . . the statute specifies that a broadcast station must  xdeliver a good quality signal to the principal headend of the cable system to be entitled to mustcarry  Sj ' x@rights. . . ." dj Xɥ {Ob'ԍMust Carry Clarification, 8 FCC Rcd 4142, 4143 (1993).d We do not accept WBDCTV's interpretation that the Commission's intent was that the  S7 ' xstatutorilymandated concept of principal headend applies only to the measurement of a signal and not to  xits delivery. The fact that TCI transmits other signals to its principal headend via its microwave receive  xxsites does not necessarily obligate it to do so for every signal which subsequently requests carriage. Such  S ' xan interpretation overlooks the fact that "cable operators need not employ extraordinary measures or  Sk' xspecialized equipment . . ." in accommodating broadcast stations' carriage requests.1kɥ {O'ԍId.1 The use of TCI's microwave receive sites would fall into this category.   S' V. ORDERING CLAUSES  Sl' e  11. ` ` Accordingly, IT IS ORDERED that the petition filed December 16, 1998, by Jasas  S9' xCorporation IS DENIED, pursuant to Section 614(d)(3) of the Communications Act of 1934, as amended  S'(47 U.S.C. 534).  S' e  12. ` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's  Sm'rules.<m|ɥ yO'ԍ47 C.F.R. 0.321.< ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqDeborah Klein, Chief ` `  hhCqConsumer Protection and Competition Division ` `  hhCqCable Services Bureau   S<'