Federal Communications Commission DA 08-1268 1 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Entravision Holdings, LLC v. Charter Communications Entertainment I, LLC Request for Carriage ) ) ) ) ) ) ) ) CSR-7766-M MEMORANDUM OPINION AND ORDER Adopted: May 29, 2008 Released: May 30, 2008 By the Senior Deputy Chief, Policy Division, Media Bureau: I. INTRODUCTION 1. Entravision Holdings, LLC, licensee of television broadcast station WUVN (Ch. 18), Hartford, Connecticut (“WUVN”), filed the above-captioned complaint against Charter Communications Entertainment I, LLC (“Charter”), for its failure to carry WUVN on its cable systems serving the communities of Bethlehem, Bridgewater, Brookfield, Monroe, Washington, Kent, New Milford, Southbury, New Fairfield, Roxbury, Sherman, Trumbull, Woodbury, Newton/Barkhamsted, Colebrook, Harwinton, New Hartford, Warren, Winsted, Winchester, and West Hartford (partial), Connecticut. No opposition to this petition has been received.1 For the reasons discussed below, we grant WUVN’s request. 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.2 A station’s market for this purpose is its “designated market area,” or DMA, as defined by Nielsen Media Research.3 1We note that WUVN submitted a follow-up letter after Charter’s failure to oppose this petition, urging the Commission to grant its request. 28 FCC Rcd 2965, 2976-2977 (1993). 3Section 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. § (continued.…) Federal Communications Commission DA 08-1268 2 3. In support of its complaint, WUVN states that, by certified letter dated January 8, 2008, it demanded must carry status on Charter’s cable systems for the 2006-2008 election period, pursuant to Section 76.61(a)(1) of the Commission’s rules.4 At the same time, it requested carriage on Channel 18, its over-the-air channel.5 Charter failed to respond to this demand, as required by Section 76.61(a)(2) of the rules.6 WUVN asserts that it filed the instant complaint within 60 days of Charter’s failure to respond, pursuant to Section 76.61(a)(5) of the rules.7 WUVN asserts that it is a full-service UHF television station whose community of license is located within the Hartford-New Haven, Connecticut DMA as are the communities served by Charter.8 WUVN states that it is capable of, and committed to, delivering a good quality signal to Charter’s principal headends.9 As a result, WUVN argues that Charter has no legitimate basis upon which to refuse carriage and WUVN requests that the Commission grant its request. 4. We agree with WUVN and will grant its complaint. We find that the unopposed representations made by WUVN demonstrate that it is a local commercial television station qualified for carriage on Charter’s cable systems herein. Under the Commission’s must carry rules, cable operators have the burden of showing that a commercial station that is located in the same television market as a cable operator is not entitled to carriage.10 Charter has not done so. In any event, WUVN has agreed to bear the costs of any equipment necessary to ensure the delivery of a good quality signal. Section 76.55(c)(3) of the Commission’s rules allows local commercial television stations which fail to meet signal strength criteria to provide, at their own expense, whatever equipment is necessary to ensure the delivery of a good quality signal to a cable system’s principal headend.11 WUVN has made this commitment and by doing so is eligible for mandatory carriage by Charter on the subject cable systems when it provides a signal which meets the Commission’s signal strength criteria. (…continued from previous page) 534(h)(1)(C). Section 76.55(e) of the Commission’s rules requires that a commercial broadcast television station’s market be defined by Nielsen Media Research’s DMAs. See 47 C.F.R. § 76.55(e). 4Complaint at Exhibit B; see also 47 C.F.R. § 76.61(a)(1). 5Complaint at Exhibit B. 6Id. at 2, citing 47 C.F.R. § 76.61(a)(2). 7Id., citing 47 C.F.R. § 76.61(a)(5). 8Id. 9Id. 10See Must Carry Order, 8 FCC Rcd at 2990. 1147 C.F.R. § 76.55(c)(3). Federal Communications Commission DA 08-1268 3 III. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that the petition filed by Entravision Holdings, LLC IS GRANTED pursuant to Section 614(d)(3) of the Communications Act of 1934, as amended, 47 U.S.C. § 534. Charter Communications Entertainment I, LLC IS ORDERED to commence carriage of WUVN on Channel 18, the station’s over-the-air channel, on its cable systems serving the communities of Bethlehem, Bridgewater, Brookfield, Monroe, Washington, Kent, New Milford, Southbury, New Fairfield, Roxbury, Sherman, Trumbull, Woodbury, Newton/Barkhamsted, Colebrook, Harwinton, New Hartford, Warren, Winsted, Winchester, and West Hartford (partial), Connecticut, sixty (60) days from the date on which WUVN delivers a good quality signal to the cable systems’ principal headends. 6. This action is taken pursuant to authority delegated by Section 0.283 of the Commission’s rules.12 FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau 1247 C.F.R. § 0.283.