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 Federal  Communications  Commission  DA  02-  36 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 Rancho  Palos  Verdes  Broadcasters,  Inc. 
 v. 
 Mediacom  Communications  Corporation 


 Request  for  Carriage 


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 CSR-  5692-  M 


 ORDER  ON  RECONSIDERATION 
 Adopted:  January  8,  2002  Released:  January  10,  2002 
 By  the  Deputy  Chief,  Cable  Services  Bureau: 


 1.  Mediacom  Communications  Corporation  (“  Mediacom”)  requested  reconsideration  of  the 
 Bureau’s  decision  granting  the  must  carry  complaint  of  Rancho  Palos  Verdes  Broadcasters,  Inc,  licensee  of 
 television  broadcast  station  KXLA  (Ch.  44),  Rancho  Palos  Verdes,  California  (“  KXLA,”  formerly  KRPA).  1  An  opposition  to  this  petition  was  filed  on  behalf  of  KXLA  to  which  Mediacom  replied.  2 


 2.  Mediacom’s  request  centers  around  the  fact  that  the  Bureau  Order  did  not  afford  it  the 
 opportunity  to  correct  the  deficiencies  found  in  the  signal  strength  tests  it  submitted  in  opposition  to 
 KXLA’s  complaint  to  demonstrate  poor  signal  quality.  At  the  time  these  tests  were  conducted,  KXLA’s 
 signal  was  measured  from  the  station’s  Santa  Catalina  Island  transmitter  site.  Since  the  filing  of  KXLA’s 
 complaint  and  Mediacom’s  petition  for  reconsideration,  KXLA  relocated  its  transmitter  to  Mt.  Wilson, 
 California,  and  is  now  operating  from  that  site.  As  a  result,  the  issue  before  us  is  now  moot.  Although 
 Mediacom  submited  signal  strength  tests  with  its  petition  which  appear  to  have  been  conducted  using 
 KXLA’s  Mt.  Wilson  location  and  which  indicate  that  KXLA  still  does  not  meet  the  signal  strength  criteria, 


 1  Rancho  Palos  Verdes  Broadcasters,  Inc.  v.  Mediacom  Communications  Corporation,  DA  01-  2008 
 (released  August  27,  2001)(“  Bureau  Order”). 
 2  Mediacom  filed  a  motion  for  stay  of  the  Bureau  Order  which  was  granted  by  the  Bureau.  See  Rancho 


 Palos  Verdes  Broadcasters,  Inc.  v.  Mediacom  Communications  Corporation,  DA  01-  2392  (released  October  15, 
 2001).  Subsequently,  KXLA  filed  a  petition  for  reconsideration  of  the  Bureau’s  grant  of  this  motion.  However,  it 
 should  be  noted  that  a  petition  for  stay  is  interlocutory  for  purposes  of  Section  1.106(  a)(  1)  of  the  Commission’s 
 rules.  See  Application  Broadcasters,  Inc.,  5  FCC  2d  130  (Review  Board  1966)(“  Insofar  as  the  stay  request  is 
 concerned,  the  denial  thereof  was  clearly  an  interlocutory  action  against  which  reconsideration  does  not  lie.”);  4 
 FCC  Rcd  2708  (Review  Board  1989);  85  FCC  2d  561  (1981).  See  also  Quantron  Communciations,  14  FCC  Rcd 
 17326(  1999)(  Bureau’s  denial  of  emergency  request  to  hold  processing  of  assignment  application  temporarily  in 
 abeyance  is  interlocutory  ruling  not  subject  to  reconsideration  under  Section  1.106  of  the  Commission’s  rules.).  In 
 any  event,  our  action  today  renders  KXLA’s  petition  for  reconsideration  of  the  stay  order  moot. 
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 Federal  Communications  Commission  DA  02-  36 
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 we  note  that  KXLA  has  reiterated  its  commitment  to  deliver  a  good  quality  signal  at  its  own  expense.  In 
 view  of  this  fact,  we  will  grant  Mediacom’s  request  for  reconsideration  to  the  extent  that  carriage  of  KXLA 
 on  its  systems  be  conditioned  on  KXLA’s  ability  to  deliver  an  adequate  signal. 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  614  of  the  Communications  Act  of 
 1934,  as  amended  (47  U.  S.  C.  §534),  that  the  petition  for  reconsideration  filed  by  Mediacom 
 Communications  Corporation  IS  GRANTED  to  the  extent  indicated  above. 


 4.  IT  IS  FURTHER  ORDERED  that  Mediacom  shall  commence  carriage  of  KXLA  on  its 
 cable  systems  serving  Ridgecrest  and  Sun  City,  California,  sixty  (60)  days  from  the  date  on  which  KXLA 
 provides  a  good  quality  signal  to  Mediacom’s  principal  headends. 


 5.  This  action  is  taken  pursuant  authority  delegated  by  Sections  0.321  and  1.106  of  the 
 Commission’s  rules.  3 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 William  H.  Johnson,  Deputy  Chief 
 Cable  Services  Bureau 


 3  47  C.  F.  R.  §§  0.321  and  1.106. 
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