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 Federal  Communications  Commission  DA  03-  54 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 KM  Television  of  Flagstaff,  L.  L.  C. 
 v. 
 Mark  Twain  Cablevision,  L.  P. 
 Request  for  Mandatory  Carriage  of  Television  Station  KCFG(  TV), 
 Flagstaff,  Arizona 


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 CSR-  5973-  M 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  January  7,  2003  Released:  January  9,  2003 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 


 I.  INTRODUCTION 
 1.  KM  Television  of  Flagstaff,  L.  L.  C.  (“  KM”),  licensee  of  commercial  full  power  television  broadcast  station  KCFG(  TV),  analog  Channel  9,  Flagstaff,  Arizona  (“  KCFG”  or  the  “Station”),  filed  the 


 above-  captioned  must  carry  complaint  against  Mark  Twain  Cablevision,  L.  P.  (“  Mark  Twain”),  a  cable  television  system  operator,  for  failing  to  carry  KCFG  on  its  cable  system  serving  the  Phoenix,  Arizona 
 Designated  Market  Area  (the  “cable  community”).  No  opposition  to  the  petition  was  filed.  For  the  reasons  discussed  below,  we  grant  the  complaint. 


 II.  DISCUSSION 
 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.  1  A 
 station’s  market  for  this  purpose  is  its  “designated  market  area,”  or  DMA,  as  defined  by  Nielsen  Media  Research.  2  A  DMA  is  a  geographic  market  designation  that  defines  each  television  market  exclusive  of 


 1  8  FCC  Rcd  2965,  2976-  2977  (1993). 
 2  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  based  on  viewing  patterns.  See  47  U.  S.  C.  § 


 534(  h)(  1)(  C).  Section  76.  55(  e)  of  the  Commission’s  rules,  47  C.  F.  R.  §  76.  55(  e),  requires  that  a  commercial  broadcast  television  station’s  market  be  defined  by  Nielsen  Media  Research’s  DMAs. 
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 Federal  Communications  Commission  DA  03-  54 
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 others,  based  on  measured  viewing  patterns. 
 3.  In  support  of  its  complaint,  KM  states  that  KCFG  is  licensed  to  Flagstaff,  Arizona,  which  is  in  the  Phoenix,  Arizona  DMA.  It  states  further  that  Mark  Twain  operates  a  cable  television  system 


 located  in  or  serving  the  communities  of  Gila  and  or  Coconino  Counties,  Arizona,  which  are  also  in  the  Phoenix,  Arizona  DMA.  KM  contends  that  because  KCFG  is  located  within  the  same  DMA  as  the  Mark 
 Twain  cable  system,  it  is  entitled  to  mandatory  carriage  on  that  system.  KM  asserts  that  it  sent  a  letter  dated  June  24,  2002,  certified  mail,  return  receipt  requested,  formally  requesting  that  Mark  Twain 
 commence  carriage  of  the  Station’s  signal  on  its  cable  system.  3  The  letter  also  indicated  that  in  the  event  KCFG  did  not  provide  a  good  quality  off-  the-  air  signal  to  Mark  Twain’s  headend,  KM  would  be 
 responsible  for  the  costs  of  delivering  a  “good  quality  signal”  to  Mark  Twain’s  headend.  4  Despite  KM’s  request,  Mark  Twain  did  not  respond  within  30  days  of  KM’s  demand  letter  as  required  by  the 
 Commission’s  rules.  5  KM  requests  that  the  Commission  order  Mark  Twain  to  commence  carriage  of  its  signal  on  the  cable  system  serving  the  cable  community. 


 4.  We  will  grant  KM’s  uncontested  petition.  6  KCFG  and  Mark  Twain  are  located  within  the  same  DMA.  As  such,  and  absent  an  opposition  demonstrating  why  carriage  is  not  appropriate,  KCFG  is 
 entitled  to  carriage  on  Mark  Twain’s  system. 
 III.  ORDERING  CLAUSES 
 5.  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  KM  Television  of  Flagstaff, 


 L.  L.  C.,  licensee  of  commercial  television  broadcast  station  KCFG,  Phoenix,  Arizona  against  Mark  Twain  Cablevision,  L.  P.  IS  GRANTED. 


 6.  IT  IS  FURTHER  ORDERED  that  Mark  Twain  Cablevision  SHALL  COMMENCE  CARRIAGE  of  the  KCFG  signal  on  its  Gila  and  Coconino  County,  Arizona  cable  system  within  sixty  (60) 
 days  from  the  date  of  the  release  of  this  Order. 
 7.  This  action  is  taken  pursuant  to  authority  delegated  by  Section  0.283  of  the  Commission’s  rules.  7 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Steven  A.  Broeckaert  Deputy  Chief,  Policy  Division 
 Media  Bureau 


 3  Complaint  at  3  and  Exhibit  C. 
 4  Id. 
 5  See  47  C.  F.  R.  §  76.  61(  a)(  2). 
 6  Since  no  opposition  was  filed,  there  has  been  no  allegation  that  KM  failed  to  provide  Mark  Twain  with  a  good 
 quality  signal.  In  any  event,  we  note  that  KM  committed  to  do  whatever  is  needed  to  provide  Mark  Twain  with  a  good  quality  signal.  Complaint  at  3. 


 7  47  C.  F.  R.  §  0.283. 
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