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 Federal  Communications  Commission  DA  03-  1639 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 Rancho  Palos  Verdes  Broadcasters,  Inc.  v. 
 News-  Press  &  Gazette  Co. 
 Request  for  Carriage 


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 CSR-  6068-  M 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  May  12,  2003  Released:  May  15,  2003 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 
 I.  INTRODUCTION 
 1.  Rancho  Palos  Verdes  Broadcasters,  Inc.,  licensee  of  television  broadcast  station  KXLA  (Ch.  44),  Rancho  Palos  Verdes,  California  (“  KXLA”)  filed  the  above-  captioned  complaint  against  News-Press 


 &  Gazette  Co.  (“  News-  Press”),  for  its  failure  to  carry  KXLA  on  its  cable  system  serving  the  communities  of  Blythe  and  Ehrenberg,  California.  No  opposition  to  this  complaint  has  been  received.  1 
 For  the  reasons  discussed  below,  we  dismiss  the  complaint. 
 2.  KXLA  states  in  its  complaint  that,  by  letter  dated  September  27,  2002,  it  requested  must  carry  status  on  the  News-  Press  cable  system,  pursuant  to  Section  76.64(  f)  of  the  Commission’s  rules, 


 beginning  with  the  January  1,  2003  election  period.  We  note,  however,  that  the  Commission’s  must  carry  requirements  set  forth  a  two-  part  notification  process  with  which  stations  are  required  to  comply:  the 
 retransmission  consent/  must  carry  election  notification  required  by  Section  76.64(  f)  of  the  Commission’s  rules  and  the  demand  for  carriage  by  qualified  stations  set  out  in  Section  76.61(  a)  of  the  Commission’s 
 rules.  2  We  find  KXLA’s  September  27,  2002  letter  to  News-  Press  to  be  an  election  notice,  pursuant  to  Section  76.64(  f)(  4)  of  the  Commission's  rules  and  not  an  actual  demand  for  carriage  pursuant  to  Section 
 76.61(  a)  of  the  rules.  3  As  a  result,  News-  Press’  failure  to  respond  would  not  have  triggered  the  60-  day  complaint  cycle  required  by  Section  76.61(  a)(  5)  of  the  Commission’s  rules.  4  News-  Press  has  not 
 participated  in  this  proceeding.  Therefore,  resolution  of  KXLA’s  must  carry  rights  in  an  uncontested 


 1  A  letter  was  sent  to  the  Deputy  Chief,  Media  Bureau  stating  that  an  agreement  had  been  reached  between 
 News-  Press  and  KXLA  with  regard  to  carriage.  However,  counsel  for  KXLA  stated  that  he  was  unaware  of  any  such  agreement  and  requested  formal  resolution  of  the  complaint. 


 2  47  C.  F.  R.  §§  76.64(  f)  and  76.61(  a). 
 3  Id. 
 4  47  C.  F.  R.  §  76.61(  a)(  5). 
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 Federal  Communications  Commission  DA  03-  1639 
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 proceeding  is  not  appropriate  without  an  actual  demand  for  carriage.  As  a  result,  we  will  dismiss  KXLA’s  complaint. 
 3.  Accordingly,  IT  IS  ORDERED  that  the  petition  filed  by  Rancho  Palos  Verdes  Broadcasters,  Inc.  IS  DISMISSED  pursuant  to  Section  614  of  the  Communications  Act  of  1934,  as 
 amended,  47  U.  S.  C.  §534. 
 4.  This  action  is  taken  pursuant  to  authority  delegated  by  Section  0.283  of  the  Commission’s  rules.  5 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Steven  A.  Broeckaert  Deputy  Chief,  Policy  Division 
 Media  Bureau 


 5  47  C.  F.  R.  §  0.283. 
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