*Pages 1--3 from Microsoft Word - 11899.doc* Federal Communications Commission DA 01- 2298 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of: African- American Broadcasting Company of Bellevue, Inc. v. Charter Communications Request for Mandatory Carriage of Television Station KWOG( TV), Bellevue, Washington ) ) ) ) ) ) ) ) ) ) ) ) CSR- 5715- M MEMORANDUM OPINION AND ORDER Adopted: October 2, 2001 Released: October 4, 2001 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. African- American Broadcasting Company of Bellevue, Inc. (“ African- American”), licensee of television broadcast station KWOG( TV) (Ch. 51), Bellevue, Washington (“ KWOG” or the “Station”) filed the above- captioned must carry complaint against Charter Communications (“ Charter”), for failing to carry KWOG on its cable systems serving Wenatchee, Holly, Astoria and Naselle, Washington (the “cable communities”). 1 No opposition to the complaint was received. II. BACKGROUND 2. Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues (“ Must Carry Order”), commercial television broadcast stations are entitled to assert mandatory carriage rights on cable systems located within the station’s market. 2 A station’s market for this purpose is its “designated market area,” or DMA, as defined by Nielsen Media Research. 3 A DMA is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. 1 African- American notes that the Station’s prior call sign was KBEH( TV). Complaint at 1. 2 8 FCC Rcd 2965, 2976- 2977 (1993). 3 Section 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, commercial publications which delineate television markets base on viewing patterns. See 47 U. S. C. § (continued…) 1 Federal Communications Commission DA 01- 2298 2 3. Pursuant to the Commission’s must carry rules, cable operators have the burden of showing that a commercial station that is located in the same television market is not entitled to carriage. 4 One method of doing so is for a cable operator to establish that a subject television signal, which would otherwise be entitled to carriage, does not provide a good quality signal to a cable system’s principal headend. 5 Should a station fail to provide the required over- the- air signal quality to a cable system’s principal headend, it still may obtain carriage rights because under the Commission’s rules a television station may provide a cable operator, at the station’s expense, with specialized equipment to improve the station’s signal to an acceptable quality at a cable system’s principal headend. 6 III. DISCUSSION 4. In support of its complaint, KWOG states that it is a full power television station licensed to Bellevue, Washington, which is in the Seattle- Tacoma DMA. 7 It states further that Charter operates two cable television systems, which are also in the Seattle- Tacoma DMA. 8 KWOG asserts that it formally requested Charter to commence carriage of its signal on the two cable systems at issue. 9 KWOG claims that Charter did not respond to its requests for mandatory carriage in violation of the Commission’s rules, which require cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. 10 KWOG notes that if Charter shows that the Station does not provide an adequate signal at either cable headend, KWOG has the option to agree to provide the necessary equipment to provide Charter with a good quality signal. 11 5. Section 76.55( e) of the Commission’s rules provides that commercial television broadcast stations, such as KWOG, are entitled to carriage on cable systems located in the same DMA. 12 As noted above, cable operators have the burden of showing that a commercial television station that it located in the same television market is not entitled to carriage. 13 We find that Charter has failed to meet its burden. Charter did not respond within 30 days to KWOG’s letter requesting carriage as required by the Commission's rules nor did it file an opposition to KWOG’s must carry complaint. 14 Here, KWOG has noted that it has the option to commit to provide the equipment necessary to deliver a good quality signal to the two headends in question. In that regard, the Commission has indicated that broadcasters (… continued from previous page) 534( h)( 1)( c). Section 76.55( e) requires that a commercial broadcast television station’s market be defined by Nielsen Media Research’s DMAs. 4 See Must Carry Order, 8 FCC Rcd at 2990. 5 47 C. F. R. § 76. 55( c)( 3). 6 Must Carry Order, 8 FCC Rcd at 2991. 7 Complaint at 2. 8 Id. 9 Id. and Attachment A. 10 Complaint at 2. See 47 C. F. R. § 76. 61( a)( 2). 11 Complaint at 4, n. 4. 12 47 C. F. R. § 76. 55( e). 13 See Must Carry Order, 8 FCC Rcd at 2990. 14 47 C. F. R. § 76. 55( c)( 3). 2 Federal Communications Commission DA 01- 2298 3 determine whether they wish to pay for appropriate signal improvements to qualify for carriage. 15 Thus, we find that KWOG is entitled to mandatory carriage on the two Charter cable systems at issue. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended (47 U. S. C. § 534), that the must carry complaint filed by African- American Broadcasting Company of Bellevue, Inc., licensee of television broadcast station KWOG( TV), Bellevue, Washington, against Charter Communications IS GRANTED. 7. IT IS FURTHER ORDERED that Charter SHALL COMMENCE CARRIAGE of the KWOG signal on its two cable systems serving Wenatchee, Holly, Astoria and Naselle, Washington, within sixty (60) days from the date of the release of this Order. 8. IT IS FURTHER ORDERED that KWOG shall notify Charter in writing of its carriage and channel position elections (§§ 76. 56, 76. 57 and 76. 64( f) of the Commission’s rules) within thirty (30) days of the release date of this Order. 9. This action is taken pursuant to authority delegated by Section 0.321 of the Commission’s rules. 16 FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 15 See Must Carry Order, 8 FCC Rcd at 2991, where the Commission also noted that “it is the television station’s obligation to bear the costs associated with delivering a good quality signal to the system’s principal headend.” Id. See, e. g. WMPF, Inc., 11 FCC Rcd 17264 (CSB 1996); KSLS, Inc., 11 FCC Rcd 12718 (CSB 1996). See also 47 U. S. C. § 534( h)( 1)( B)( iii). 16 47 C. F. R. § 0. 321. 3