Federal Communications Commission DA 14-1142
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Pine Telephone T.V. 
For the Market Modification of the Television 
Markets for KBOI-TV and KTVB of Boise, Idaho; 
KIVI-TV and KTRV-TV of Nampa, Idaho; and 
KNIN-TV of Caldwell, Idaho
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CSR-8878-A
Docket No. 14-59
MEMORANDUM OPINION AND ORDER
Adopted:  August 6, 2014 Released: August 6, 2014
By the Senior Deputy Chief, Policy Division, Media Bureau:
I. INTRODUCTION
1. Pine Telephone T.V. (“Pine”) filed the above-captioned petition for special relief seeking 
to add the cable community of Halfway, located in Portland, Oregon, to the television markets of stations 
KBOI-TV and KTVB of Boise, Idaho; KIVI-TV and KTRV-TV of Nampa, Idaho; and KNIN-TV of 
Caldwell, Idaho.
1
The Petition is unopposed. For the reasons discussed below, we grant the Petition with 
respect to KBOI-TV and KTVB, and deny the Petition with respect to KNIN-TV, KIVI-TV, and KTRV-
TV. 
II. BACKGROUND
2. Pursuant to Section 614 of the Communications Act of 1934, as amended (the “Act”), 
and implementing rules adopted by the Commission, commercial television broadcast stations are entitled 
to assert mandatory carriage rights on cable systems located within their markets.
2
  A station’s market is 
its “designated market area,” or DMA, as defined by Nielsen Media Research.
3
  A DMA is a geographic 
market designation that defines each television market exclusive of others, based on measured viewing 
patterns.  Essentially, each county in the United States is allocated to a market based on which home-
market stations receive a preponderance of total viewing hours in the county.  For purposes of this 
calculation, the total television viewing audience attained by a broadcast station is considered, regardless 
of the delivery technology used to receive its signal – whether the signal is received over-the-air, or via 
                                                     
1
Petition for Special Relief of Pine Telephone T.V., filed Apr. 7, 2014, at iii, 1 (“Petition”).
2
Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal 
Carriage Issues, 8 FCC Rcd 2965, 2976-2977 (1993) (“Must Carry Order”). 
3
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) requires that a commercial broadcast television station’s market be defined by The 
Nielsen Company’s DMAs.  47 C.F.R. § 76.55(e); see Definition of Markets for Purposes of the Cable Television 
Broadcast Signal Carriage Rules, 14 FCC Rcd 8366 (1999) (“Modification Final Report and Order”). 
Federal Communications Commission DA 14-1142
2
cable, wireless cable, DBS, SMATV or OVS systems.
4
3. Under the Act, however, the Commission is also directed to consider changes in market 
areas.  Section 614(h)(1)(C) provides that the Commission may:
with respect to a particular television broadcast station, include additional communities 
within its television market or exclude communities from such station’s market to better 
effectuate the purposes of this section.
5
In considering such requests, the 1992 Cable Act provides that:
the Commission shall afford particular attention to the value of localism by taking into 
account such factors as -  
(I) whether the station, or other stations located in the same area, have
been historically carried on the cable system or systems within such community;
(II) whether the television station provides coverage or other local service 
to such community;
(III) whether any other television station that is eligible to be carried by a
cable system in such community in fulfillment of the requirements of this
section provides news coverage of issues of concern to such community or provides carriage 
or coverage of sporting and other events of interest to the community;
(IV) evidence of viewing patterns in cable and noncable households within the areas served 
by the cable system or systems in such community.
6
4. In adopting rules to implement this provision, the Commission indicated that requested 
changes should be considered on a community-by-community basis rather than on a county-by-county 
basis, and that they should be treated as specific to particular stations rather than applicable in common to 
all stations in the market.
7
  In the Modification Final Report and Order, the Commission, in an effort to 
promote administrative efficiency, adopted a standardized evidence approach for modifications that 
requires the following evidence be submitted:
(1) A map or maps illustrating the relevant community locations and
geographic features, station transmitter sites, cable system headend locations,
terrain features that would affect station reception, mileage between the
community and the television station transmitter site, transportation routes
and any other evidence contributing to the scope of the market.    
(2) Grade B contour maps
8
delineating the station’s technical service
                                                     
4
For a more complete description of how counties are allocated, see Nielsen Media Research’s Nielsen Station 
Index:  Methodology Techniques and Data Interpretation.
5
47 U.S.C. § 534(h)(1)(C). 
6
Id.
7
Must Carry Order, 8 FCC Rcd 2965, 2977 n.139. 
8
Service area maps using Longley-Rice (version 1.2.2) propagation curves may also be included to support a 
technical service exhibit.  The Longley-Rice model provides a more accurate representation of a station’s technical 
coverage area because it takes into account such factors as mountains and valleys that are not specifically reflected 
in a traditional Grade B contour analysis.  In situations involving mountainous terrain or other unusual geographic 
(continued….)
Federal Communications Commission DA 14-1142
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area
9
and showing the location of the cable system headends and communities
in relation to the service areas.
(3) Available data on shopping and labor patterns in the local
market.
(4) Television station programming information derived from station
logs or the local edition of the television guide.
(5) Cable system channel line-up cards or other exhibits establishing
historic carriage, such as television guide listings.
(6) Published audience data for the relevant station showing its
average all day audience (i.e., the reported audience averaged over
Sunday-Saturday, 7 a.m.-1 a.m., or an equivalent time period) for both
cable and noncable households or other specific audience indicia, such 
as station advertising and sales data or viewer contribution records.
10
5. Petitions for special relief to modify television markets that do not include the above 
evidence shall be dismissed without prejudice and may be re-filed at a later date with the appropriate 
filing fee.  The Modification Final Report and Order provides that parties may continue to submit 
whatever additional evidence they deem appropriate and relevant.
6. In the Carriage of Digital Television Broadcast Signals First Report and Order (“DTV 
Must Carry Report and Order”), the Commission concluded that under Section 614(a) of the Act, digital-
only television stations had mandatory carriage rights, and amended its rules to reflect this.
11
  The 
Commission also clarified its framework for analyzing market modifications for digital television 
stations.
12
  It found that the statutory factors in Section 614(h), the current process for requesting market 
modifications, and the evidence needed to support such petitions, would be applicable to digital television 
(Continued from previous page)                                                            
features, Longley-Rice propagation studies can aid in determining whether or not a television station actually 
provides local service to a community under factor two of the market modification test. 
9
While the Grade B contour defined an analog television station's service area, see 47 C.F.R. § 73.683(a), with the 
completion of the full power digital television transition on June 12, 2009, there are no longer any full power analog 
stations.  Instead, as set forth in Section 73.622(e), a station's DTV service area is defined as the area within its 
noise-limited contour where its signal strength is predicted to exceed the noise-limited service level – which for 
VHF stations is 28 dBu.  See 47 C.F.R. § 73.622(e).  Accordingly, the Commission has treated a digital station’s 
noise limited service contour as the functional equivalent of an analog station’s Grade B contour.  See Report To 
Congress: The Satellite Home Viewer Extension and Reauthorization Act of 2004; Study of Digital Television Field 
Strength Standards and Testing Procedures, 20 FCC Rcd 19504, 19507 ¶ 3, 19554 ¶ 111 (2005); Implementation of 
the Satellite Home Viewer Extension and Reauthorization Act of 2004, Implementation of Section 340 of the 
Communications Act, Report and Order, 20 FCC Rcd 17278, 17292 ¶ 31 (2005).  See also Lenfest Broadcasting, 
LLC, 19 FCC Rcd 8970, 8974 ¶ 7 n.27 (2004) (“For digital stations operating on channels 14-69 [UHF stations], for 
market modification purposes the 41 dBu DTV service area contour is the digital equivalent of an analog station's 
Grade B contour.”).
10
47 C.F.R. § 76.59(b). 
11
See 16 FCC Rcd 2598, 2606 ¶ 15, 2610 ¶ 28 (2001); 47 C.F.R. §76.64(f)(4).  
12
See 16 FCC Rcd at 2635-36 ¶¶ 84-85.  The Commission affirmed that for digital signal carriage issues, it would 
continue to rely on the Nielsen Company’s market designations, publications, and assignments it used for analog 
signal carriage issues.  See id. at 2636 ¶ 85.
Federal Communications Commission DA 14-1142
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modification petitions.
13
  While the Commission presumed the market of a station’s digital signal would 
be coterminous with that station’s market area for its prior analog signal, it recognized that the technical 
coverage area of a digital television signal may not exactly replicate the technical coverage area of its 
former analog television signal.
14
  Therefore, in deciding DTV market modifications, the Commission 
would take changes in signal strength and technical coverage into consideration, on a case-by-case basis.
III. DISCUSSION
7. Pine is a newly formed cable television venture of Pine Telephone and has obtained a 
franchise to establish a cable system in Halfway, Oregon (“Halfway”), which is located in the Portland, 
Oregon Designated Market Area (“DMA”).
15
  The Petition requests that the markets for five television 
broadcast stations be modified to include the cable community of Halfway so that Pine may carry them as 
local stations on its cable system.
16
  The five stations at issue in this Petition are KBOI-TV, KTVB, KIVI-
TV, KTRV-TV, and KNIN-TV (collectively “the Boise Stations”).
17
The Boise Stations all serve the 
Boise, Idaho DMA.
18
  
8. The first statutory factor we consider in determining whether to grant a market 
modification petition is “whether the station, or other stations located in the same area have been 
historically carried on the cable system or systems within such community.”
19
  Pine states that no cable 
system presently serves the community of Halfway.
20
  The exhibits provided by Pine indicate that Charter 
Communications provided cable service to Halfway from 1999 to 2006 and carried some of the Boise 
Stations on its system.
21
  Prior to Charter’s service, Halfway was served by Falcon Cable which also 
carried KBOI-TV, KIVI-TV, and KTVB in 1997 and marketed them as the local broadcast channels.
22
  
9. The second statutory factor is “whether the television station provides coverage or other 
local service to such community.”
23
  Pine provides that Halfway is located close to the noise-limited 
contours of the Boise Stations’ signals.
24
  Pine also states that the Boise Stations are closer geographically 
to Halfway than the stations in the Portland DMA.
25
  Pine states that the Boise Stations provide extensive 
local news, weather, and sports programming of interest to Halfway residents.
26
  Finally, Pine states that 
                                                     
13
See DTV Must Carry Report and Order, 16 FCC Rcd at 2636 ¶ 85.
14
See id.  In adopting technical rules for the digital transmission of broadcast signals, the Commission attempted to 
ensure that a station’s digital over-the-air coverage area would replicate as closely as possible its former analog 
coverage area.  See id. at 2636 ¶ 85 n.254, citing Sixth DTV Report and Order, 12 FCC Rcd 14588, 14605 ¶ 29 
(1997).
15
Petition at 2-4, Exhibit 4.
16
Id. at 1-2, 4.
17
Id. at iii.
18
Id.
19
47 U.S.C. § 534(h)(1)(C)(ii)(I).
20
See Petition at 8, Exhibit 2.
21
See id. But see Television and Cable Factbook (Halfway, Oregon), Volumes 2008, 2007, 2006, 2005, 2000, 1998, 
1991, and 1990 (showing that only KBOI-TV, KIVI-TV, and KTVB have been carried by cable systems in 
Halfway).  The cable industry guides also indicate that Charter’s cable service in Halfway continued until 2008. See 
Television and Cable Factbook (Halfway, Oregon), Volume 2008.
22
See Petition at 8, Exhibit 6.  Pine notes that KBOI-TV was previously designated as KBCI. Id. at 8, n. 21.
23
47 U.S.C. § 534(h)(1)(C)(ii)(II).
24
Petition at 8-9.
25
Id. at 9-10.
Federal Communications Commission DA 14-1142
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Halfway has strong economic ties to the Boise DMA based on labor patterns and Boise services relied 
upon by Halfway residents.
27
10. The third statutory factor is “whether any other television station that is eligible to be 
carried by a cable system in such community in fulfillment of the requirements of this section provides 
news coverage of issues of concern to such community or provides carriage or coverage of sporting and 
other events of interest to the community.”
28
  Pine states that, aside from the Boise Stations, no other 
source has provided terrestrial commercial broadcast television coverage to Halfway.
29
Pine asserts that 
Halfway’s location is such that no other commercial stations are able to cover the community due to the 
mountainous terrain and that Halfway only receives a noncommercial PBS broadcast signal via a 
translator station.
30
11. The fourth statutory factor concerns “evidence of viewing patterns in cable and noncable 
households within the areas served by the cable system or systems in such community.”
31
  Pine states that 
Nielsen does not have viewership data for the Boise Stations in Halfway.
32
  Pine does not believe there is 
any published viewership data for Halfway because Halfway has been without cable service since 2006 
and without all but one commercial television broadcast signal since 2013.
33
  Pine argues that because the 
Boise Stations are the only commercial broadcast stations to have ever served Halfway, they are likely to 
have significantly viewership in Halfway.
34
12. With regard to the first statutory factor, we find that there is evidence of historical 
carriage only for KBOI-TV, KIVI-TV, and KTVB in Halfway.  In addition to the exhibits provided by 
Pine, a review by the Commission of cable industry guides shows that KBOI-TV, KIVI-TV, and KTVB 
have been carried on cable systems serving Halfway since 1990 and carriage remained until the 
discontinuation of cable services in the community.
35
  However, despite Pine’s claims that cable systems 
have carried all of the Boise Stations, our review of cable industry guides reveals that neither KNIN-TV 
nor KTRV-TV has been carried by cable systems in Halfway.
36
Notably, no television station from the 
Portland DMA is listed except for the noncommercial PBS affiliate KOPB-TV.
37
  Because cable systems 
in Halfway have carried KBOI-TV, KIVI-TV, and KTVB for as long as there has been cable service in 
Halfway, we find that these stations have demonstrable historic carriage, whereas KNIN-TV and KTRV-
(Continued from previous page)                                                            
26
Id. at 10-11.
27
Id. at 11-13.
28
47 U.S.C. § 534(h)(1)(C)(ii)(III)
29
Petition at 13.
30
Id. at Exhibit 2, ¶ 4.
31
47 U.S.C. § 534(h)(1)(C)(ii)(IV)
32
Petition at 14.
33
Id.
34
Id.
35
Id. at Exhibits 2, 3, 5; see Television and Cable Factbook (Halfway, Oregon), Volumes 2008, 2007, 2006, 2005, 
2000, 1998, 1991, and 1990.  
36
See Petition at Exhibit 2, ¶ 5; Television and Cable Factbook (Halfway, Oregon), Volumes 2008, 2007, 2006, 
2005, 2000, 1998, 1991, and 1990.
37
See Television and Cable Factbook (Halfway, Oregon), Volumes 2008, 2007, 2006, 2005, 2000, 1998, 1991, and 
1990 (listing KBOI-TV, KIVI-TV, KTVB, and KOPB-TV as the only off-air programming carried by cable systems 
in Halfway).
Federal Communications Commission DA 14-1142
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TV do not.
38
13. With regard to the second statutory factor, we do not find that Pine has demonstrated that 
the second factor weighs in favor of market modification.  The contour maps show that while Halfway is 
close to the signal contours of the Boise Stations, it is located outside these signal coverage areas and 
would not receive an off-air signal from the stations.
39
  Furthermore, Pine has provided little evidence 
regarding the Boise Stations’ programming of interest to Halfway residents.  Pine provides twenty news 
stories from only KBOI-TV and KTVB.
40
  Contrary to Pine’s claim that the Boise Stations cover events 
that “directly involve Halfway,” many of the stories provided as evidence seem only marginally related to 
the community.
41
  However, we note that Halfway is a small remote, rural community isolated from 
Portland by distance and terrain.
42
  We also note that the Boise Stations are much closer geographically to 
Halfway than stations in Portland.
43
Also, the Portland stations served with the Petition by Pine 
apparently do not object to assertions that only the Boise Stations serve Halfway. Therefore, while we do 
not find that the second factor weighs in favor of the Petition, we do not consider it an absolute bar to 
modification either.
14. The third factor has limited applicability in this proceeding.  As the Commission has said, 
we believe this criterion was intended to enhance a station’s claim where it could be shown that other 
stations do not serve the communities at issue.
44
  Pine states that no commercial television station other 
than the Boise Stations has ever provided service to Halfway. The record indicates that the signal of a 
noncommercial station, KTVR-TV, a La Grande, Oregon PBS affiliate station, currently reaches Halfway 
but does so via a translator station.
45
  Furthermore, there is no indication that it provides programming 
directed at Halfway.
46
  Therefore, we conclude that no current in-market stations serve Halfway in the 
form of signal coverage or local programming.
47
However, there is no evidence showing that the Boise 
Stations serve Halfway in terms of signal coverage or local programming either.
48
  We do not believe the 
enhancement factor was meant to apply absent some showing that the out-of-market station seeking 
                                                     
38
See id.  We find historical carriage in this instance despite the lack of any carriage for the past six years due to the 
unique circumstances of the Halfway community where no cable system has operated during the corresponding time 
period. See Petition at 3, 8, Exhibit 2.
39
See Petition at Exhibit 1.  Indeed, the Petition indicates that signals were received by Halfway only through 
translator stations which are being decommissioned, meaning that Halfway would not receive the off-air signals of 
the Boise Stations.  The Commission does not grant market modifications to include communities in the markets of 
stations on the basis that these stations reach the communities via translators.  See e.g., Comcast Cable Comm’s, 
LLC, 26 FCC Rcd 14453, 14460 & n.61 (2011); Dynamic Cablevision of Florida, Ltd., 12 FCC Rcd 9952, 9958 
(1997); Petition of Time Warner of New York City Cable Group, 11 FCC Rcd 6528, 6539 (1996).
40
See Petition at Exhibit 6.
41
See id. at 10-11, Exhibit 6.  Most of the stories provided merely take place in the region between Oregon and 
Idaho and do not concern Halfway specifically.  
42
Petition at 2-3.
43
Id. at 9-10.
44
See e.g., Great Trails Broadcasting Corp., 10 FCC Rcd 8629, 8633, ¶ 23 (1995); Paxson San Jose License, Inc., 
12 FCC Rcd 17520, 17526, ¶ 13 (1997). 
45
Petition at Exhibit 2, ¶4. 
46
Id.
47
Id. at 13 and Exhibit 2, ¶¶ 3-4.  This conclusion is further supported by the cable industry guides which do not 
show any other commercial station being carried on cable systems in Halfway.  See Television and Cable Factbook 
(Halfway, Oregon), Volumes 2008, 2007, 2006, 2005, 2000, 1998, 1991, and 1990.
48
See supra ¶ 13.
Federal Communications Commission DA 14-1142
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inclusion served the community at issue.
49
  Accordingly, because Pine has not provided adequate 
evidence that the Boise Stations serve or direct programming to the interest of Halfway, we decline to
apply the enhancement factor in this instance despite the absence of other stations serving the community.
15. Pine presents no information with regard to the fourth factor and indicates that Nielsen 
does not have viewership data for the Boise Stations.  However, a review by the Commission of Nielsen’s
data shows that KBOI-TV, KTVB, and KTRV-TV did have viewership numbers at one point in Baker 
County where Halfway is located.
50
  Based on the limited information available, we agree with Pine that 
KBOI-TV, KTVB, and KTRV-TV are likely to have had previous viewership in Halfway.  
16. We grant the Petition with respect to KBOI-TV and KTVB despite the limited evidence 
submitted by Pine.
51
  We find that the unique circumstances in this case—namely the historical carriage 
and viewership of these stations in Halfway, combined with the subsequent absence of a local cable 
system in this remote community for several years, and the historical absence of any commercial Portland 
DMA station carriage in the community—warrant the addition of the Halfway community to the market 
of these stations.
52
We also note that these stations are significantly closer geographically to Halfway 
than the stations located in Portland, and, no station in the Portland DMA has opposed Pine’s petition.
53
  
Furthermore, both stations had viewership in Baker County at one point.  Accordingly, by virtue of their
record of historical carriage, their viewership, their greater proximity to the Halfway community, and the 
lack of opposition by in-market stations, the markets of stations KBOI-TV and KTVB will be modified to 
include the remote community of Halfway.
17. We deny the Petition with respect to KNIN-TV.  KNIN-TV has not been historically 
carried in Halfway and does not reach Halfway with an off-air signal.  Pine has not provided any exhibits 
demonstrating that KNIN-TV provides local programming of interest to Halfway. Though Pine 
represents that the Boise Stations are all similarly situated, we are not prepared to grant market 
modification based solely on statements made collectively for all of the Boise Stations without evidence 
specific to KNIN-TV.  Therefore, because there has been no showing of historical carriage, local service, 
or viewership for KNIN-TV, we deny the Petition with respect to KNIN-TV. 
18. We also deny the Petition with respect to KIVI-TV and KTRV-TV.  Pine has not 
provided exhibits demonstrating that either KIVI-TV or KTRV-TV reaches Halfway with an off-air 
signal or provides local programming of interest to Halfway.  Pine has not established viewership in 
Halfway for KIVI-TV and has not demonstrated historical carriage in Halfway for KTRV-TV.  Although 
we find that KIVI-TV has been historically carried in Halfway and that KTRV-TV likely had viewership 
in Halfway, we are not prepared to grant market modification based solely on one factor for each station.  
Therefore, because we find that the statutory market modification factors have not been sufficiently 
satisfied for KIVI-TV or KTRV-TV, we deny the Petition with respect to these stations.
                                                     
49
See Mediaone of Mass., Inc., 13 FCC Rcd 3017, 3025 ¶ 21 (1998) (explaining how signal coverage and local 
service influence the enhancement factor analysis).
50
2009 County Coverage Summary for Baker County, OR, Nielsen Company (showing viewership data for KBOI-
TV (then designated as KBCI-TV) and KTVB).  KBOI-TV and KTVB have shares of 4 and 6 and total average 
cumes of 10 and 40 respectively during the Sunday-Saturday, 7 a.m.-1 a.m. time period in Baker County. 
51
See generally supra text accompanying notes 36, 39-41.
52
See supra ¶ 12.
53
Petition at 9-10.  While we would typically resist adding an out-of-market affiliate to in-market affiliate’s market, 
so as to not unduly upset the concept of affiliation, the in-market Portland DMA stations are separated from Halfway 
by mountain ranges and significant distance and have not opposed Pine’s Petition on the grounds that modification 
would displace their carriage.    
Federal Communications Commission DA 14-1142
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IV. ORDERING CLAUSES
19. Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act 
of 1934, as amended, 47 U.S.C. § 534, and Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, 
that the captioned petition for special relief (CSR-8878-A), filed by Pine Telephone T.V., seeking 
modification of the markets of television stations KBOI-TV, KTVB, KIVI-TV, KTRV-TV, and KNIN-TV 
in the Portland, Oregon DMA IS GRANTED IN PART with respect to KBOI-TV and KTVB and IS 
DENIED IN PART with respect to KTRV-TV, KIVI-TV, and KNIN-TV.
20. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's 
rules.
54
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Senior Deputy Chief, Policy Division
Media Bureau
                                                     
54
47 C.F.R § 0.283.