*Pages 1--2 from Microsoft Word - 14051.doc* Federal Communications Commission DA 02- 37 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of: Rancho Palos Verdes Broadcasters, Inc. v. AT& T Broadband Request for Carriage ) ) ) ) ) ) ) ) ) CSR- 5690- M ORDER ON RECONSIDERATION Adopted: January 8, 2002 Released: January 10, 2002 By the Deputy Chief, Cable Services Bureau: 1. AT& T Broadband (“ AT& T”) has requested partial 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 AT& T replied. 2 2. AT& T’s request centers around the results of a signal strength test taken of KXLA’s signal at AT& T’s Santa Clarita headend location. KXLA’s signal was measured from the station’s Santa Catalina Island transmitter site. Since the filing of KXLA’s complaint and AT& T’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 no signal strength tests appear to have been conducted as yet of KXLA’s signal from the Mt. Wilson location, we note that KXLA has reiterated its commitment to deliver a good quality signal at its own expense. In view of the fact that no evidence is available to determine whether KXLA meets the signal strength criteria with regard to the Santa Clarita cable system, we will grant AT& T’s request for partial reconsideration to the extent that carriage of KXLA on that system be conditioned on KXLA’s ability to deliver an adequate signal. 1 Rancho Palos Verdes Broadcasters, Inc. v. AT& T Broadband, DA 01- 2006 (released August 27, 2001)(“ Bureau Order”). 2 We note that AT& T filed a motion for stay of the Bureau Order insofar as it referred to AT& T’s Newhall and Tujunga cable system. KXLA filed an opposition to this motion. However, in view of our action herein, the merits of the request for stay and the subsequent opposition need not be discussed. 1 Federal Communications Commission DA 02- 37 2 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 partial reconsideration filed by AT& T Broadband IS GRANTED to the extent indicated above. 4. IT IS FURTHER ORDERED that AT& T Broadband shall commence carriage of KXLA on its cable system serving Newhall and Tujunga, California, sixty (60) days from the date on which KXLA provides a good quality signal to AT& T’s principal headend. 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. 2