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 Federal  Communications  Commission  DA  06-  1779 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 WMTY,  Inc. 
 v. 
 James  Cable  Partners 
 Request  for  Mandatory  Carriage  of  Television  Station  W24DC 
 Hamilton,  Alabama 


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 CSR-  7003-  M 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  October  12,  2006  Released:  October  17,  2006 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 
 I.  INTRODUCTION 
 1.  On  August  2,  2006,  the  Commission  released  a  Memorandum  Opinion  and  Order  (“  Initial  Order”)  conditionally  granting  a  mandatory  carriage  complaint  filed  by  WMTY,  Inc.,  licensee  of 


 low  power  television  station  (“  LPTV”)  W24DC  (“  W24DC”  or  “Station”),  Hamilton,  Alabama,  seeking  mandatory  carriage  on  James  Cable  Partners  d/  b/  a  CommuniComm  Services’  cable  system  (“  JCP”) 
 serving  Guin,  Sulligent  and  Hackleburg,  Alabama,  and  surrounding  environs.  1 
 2.  The  Initial  Order  required  JCP  to  conduct  signal  strength  tests  to  measure  W24DC’s  signal  at  JCP’s  Sulligent,  Alabama  headend  within  20  days  from  the  date  of  the  Order,  and  submit  the 


 results  to  the  Commission  within  10  days  after  the  date  of  completion  of  the  Station  signal  strength  survey.  JCP  has  complied  with  this  requirement  and  has  submitted  the  results  of  the  signal  strength  tests 
 taken  at  its  Sulligent,  Alabama  principal  headend  on  August  24,  2006,  which  show  readings  ranging  between  -53.25  dBm  and  -52.75  dBm.  JCP  also  submitted  results  of  signal  strength  tests  conducted  on 
 August  24,  2006  at  its  Hackleburg,  Alabama  headend,  which  revealed  readings  between  -68.25  dBm  and  -66.75  dBm.  2 


 3.  Unlike  full  power  commercial  television  broadcast  stations,  LPTV  stations  such  as  W24DC,  are  not  allowed  by  statute  or  the  Commission’s  rules  to  cure  a  signal  quality  deficiency  with 
 additional  equipment.  Therefore,  W24DC  cannot  use  specialized  equipment  to  improve  its  signal  at  the  headend  in  question.  Because  JCP  has  shown  that  the  station  does  not  deliver  a  good  quality  over-  the-  air 
 signal  to  the  principal  headend  in  question,  we  find  that  W24DC  is  not  a  “qualified”  LPTV  for  must  carry  purposes  and  thus,  that  JCP  is  not  required  to  carry  the  Station  on  its  Sulligent  cable  system  serving  Guin, 
 Sulligent  and  Hackleburg,  Alabama. 
 1  WMTY,  Inc.  v.  James  Cable  Partners,  DA  06-  1569  (MB,  August  2,  2006). 
 2  Section  614  of  the  Telecommunications  Act  of  1934,  as  amended  (47  U.  S.  C.  §  534(  h)(  1)(  B)(  i)  and  Section 
 76.  55(  c)(  3)  of  the  Commission’s  rules  (47  C.  F.  R.  §  76.  55(  c)(  3))  establish  a  threshold  signal  level  of  -45dBm  for  UHF  signals  or  -49  dBm  for  VHF  signals  at  the  input  terminals  of  the  of  the  signal  processing  equipment. 
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 Federal  Communications  Commission  DA  06-  1779 
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 II.  ORDERING  CLAUSES 
 4.  Accordingly,  IT  IS  ORDERED,  that,  based  upon  the  supplemental  signal  strength  tests  submitted  by  JCP  pursuant  to  the  Initial  Order  the  complaint  filed  by  WMTY,  Inc.  IS  HEREBY 


 DENIED  pursuant  to  Section  614(  h)  of  the  Communications  Act,  as  amended,  47  U.  S.  C.  §  534(  h). 
 5.  This  action  is  taken  pursuant  to  authority  delegated  by  Section  0.283  of  the  Commission’s  rules.  3 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Steven  A.  Broeckaert  Deputy  Chief,  Policy  Division 
 Media  Bureau 


 3  47  C.  F.  R.  §  0.283. 
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