Federal Communications Commission    DA 96-1921
Before the
Federal Communications Commission 
Washington, D.C. 20554
In re: )
)BLACKSTAR OF ANN ARBOR, INC. ) CSR-4786-A 
Ann Arbor, Michigan )
For Modification of Area of ) 
Dominant Influence of WBSX(TV) )
MEMORANDUM OPINION AND ORDER 
Adopted: November 14, 1996 Released: November 22, 1996
By the Deputy Chief, Cable Services Bureau:
INTRODUCTION
1 . Blackstar of Ann Arbor, Inc., licensee of television broadcast station WBSX(TV), 
Channel 31, Ann Arbor, Michigan ("WBSX") has filed a petition for special relief seeking to 
redesignate its Area of Dominant Influence ("ADI") from the Lansing, Michigan ADI to the 
Detroit, Michigan ADI.1 WBSX currently serves communities located in Washtenaw County, 
Michigan in the Lansing ADI. As an alternative to its ADI ^designation request, WBSX 
requests that 55 Michigan communities located outside Washtenaw County, Michigan be added 
to the television station's current ADI.2 Comcast Cable Communications, Inc. ("Comcast") filed
1 WBSX notes that it also has filed a petition for reconsideration of the Commission's ADI proceeding in 
Definition of Markets for Purposes of the Cable Television Mandatory Television broadcast Signal Carriage Rules, 
Keporl and Order and Further Mice of Proposed Kule HakingKZ 96-197, CS Dkl. No. 95 178 /eleased May 24, 
1996) (' Ml Keporl and Order"].
2WBSX stales that the following 55 Michigan communities historically have received carriage of ils station on 
their cable television systems and should be added to its ADI: Bedford Township; City of Belleville; Village of Beverly 
Hills; City of Gingham i'arms; City of Birmingham; City of Bloomfield Hills; Bloomfield Township; Cily of Brighton; 
Canton Township; Commerce Township; Cily of Dearborn; Cily of Dearborn Heights; City of Detroit; Village of Dundee; 
Village of Franklin; Krenchlown Township; Green Oak Township; Hamburg Township; Cily of Hamlramck; Harlland 
Township; City of Howell; Huron Township; City of Inksler; Cily of Keego Harbor, Cily of Lake Angelus; Cily of Lalhrup 
Village; Cily of Livonia; Township of Lyon; Milford Township; Village of Milford; Cily of Monroe; Monroe Township; Cily 
of Norlhville; Township of Norlhville; Cily of Oak Park; Village of Orchard Lake; Village of Pinckney; Cily of Plymouth; 
Township of Plymouth; Cily of Ponliac; Township of Redford; Village of Romulus; Royal Oak Township; City of
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___ Federal Communications Commission DA 96-1921
an opposition to which WBSX replied.
BACKGROUND
2. Pursuant to §614 of the Communications Act and implementing rules adopted by 
the Commission in its Report and Order in MM Docket 92-259* commercial television broadcast 
stations are entitled to assert mandatory carriage rights on cable systems located within the 
station's market. A station's market for this purpose is its ADI as defined by the Arbitron 
audience research organization.4 An ADI 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 vjewing hours in the county. For purposes of this calculation, both 
over-the-air and cable television viewing are included.5
3. Under the Act, however, the Commission is also directed to consider changes in 
ADI areas. Section 614(h)(l)(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 television market to better effectuate the purposes of this section.
In considering such requests, the Act provides that:
the Commission shall afford particular attention to the value of localism by taking
Soulhfield; Cily of South Lyon; Sumpler Township; Cily of Sylvan Lake; Unadilla Township; Van Buren Township; Cily 
of Walled Lake; Walerford Township; City of Weslland; While Lake Township; Cily of Wixom; and Village of Wolverine 
Lake (colleclively, Ihe "Communities").
3 8 I'CC Red 2965, 2976-2977 (1993). We note the constitutionality of the 1992 Cable Ad's musl-carry 
provisions and Ihe Commission's implementing rules were initially upheld by Ihe U.S. District Court for the Dislricl 
of Columbia. The U.S. Supreme Courl subsequently reviewed the lower court's decision and then vacaled and 
remanded Ihe case lo Ihe Dislricl Courl for further fact finding. See Turner broadcasting System, Inc., el a/, v. 
federal'CommunicationsCommission, 819 P.Supp. 32 (D.D.C. 1993) (" Turner"}, vacated and remanded. \\*< S. Cl. 2445 
(1994), onremand,§\§ F. Supp. 734 (D.D.C. 1995). The Supreme courl heard oral arguments on the District Court's 
decision on remand in Ihe 7Ly/7<?/x'ase on October 7, 1996.
4 Section 76.55(e) of the Commission's Rules provides thai Ihe ADIs lo be used for purposes of Ihe inilial 
implemenlalion of Ihe mandalory carriage rules are Ihose published in Arbilron's 1991-1992 Te/ev/s/on Market 
Guide
5 Because of Ihe topography involved, certain counties are divided into more than one sampling unit. Also, 
in certain circumstances, a slalion may have ils home counly assigned to an ADI even though il receives less than 
a preponderance of the audience in thai county. For a more complete description of how counties are allocated, 
jwArbilron's Description of Melhodo/ogy.
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Federal Communications Commission DA 96-1921
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;
(IE) 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; and
(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. The legislative history of this provision indicates that:
where the presumption in favor of ADI carriage would result in cable subscribers 
losing access to local stations because they are outside the ADI in which a local 
cable system operates, the FCC may make an adjustment to include or exclude 
particular communities from a television station's market consistent with Congress' 
objective to ensure that television stations be carried in the areas which they serve 
and which form their economic market.
[This subsection] establishes certain criteria which the Commission shall 
consider in acting on requests to modify the geographic area in which stations 
have signal carriage rights. These factors are not intended to be exclusive, but 
may be used to demonstrate that a community is part of a particular station's 
market.7
5. The Commission provided guidance in its Report and Order in MM Docket 92- 
259, supra, to aid decision making in these matters, as follows:
6 Communications Act of 1934, as amended, §614(h)(1)(C)(ii), 47 U.S.C. §534(h)(l)(C)(ii)
7 ILK. Rep. No. 628, I02d Cong., 2d Sess. 97 (1992).
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Federal Communications Commission DA 96-1921
For example, the historical carriage of the station could be illustrated by the 
submission of documents listing the cable system's channel line-up (e.g., rate 
cards) for a period of .years. To show that the station provides coverage or other 
local service to the cable community (factor 2), parties may demonstrate that the 
station places at least a Grade B coverage contour over the cable community or 
is located close to the community in terms of mileage. Coverage of news or other 
programming of interest to the community could be demonstrated by program logs 
or other descriptions of local program offerings. The final factor concerns 
viewing patterns in the cable community in cable and noncable homes. Audience 
data clearly provide appropriate evidence about this factor. In this regard, we note 
that surveys such as those used to demonstrate significantly viewed status could 
be useful. However, since this factor requires us to evaluate viewing on a 
community basis for cable and noncable homes, and significantly viewed surveys 
typically measure viewing only in noncable households, such surveys may need 
to be supplemented with additional data concerning viewing in cable homes.8
6. 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.9 The rules further provide, in accordance 
with the requirements of the 1992 Cable Act, that a station not be deleted from carriage during 
the pendency of an ADI change request.10
7. Adding communities to a station's ADI generally entities that station to insist on 
cable carriage in those communities. However, this right is subject to several conditions: 1) a 
cable system operator is generally required to devote no more than one-third of the system's 
activated channel capacity to compliance with the mandatory signal carriage obligations; 2) the 
station is responsible for delivering a good quality signal to the principal headend of the system; 
and 3) the system operator is not required to carry the signal of any station whose signal 
substantially duplicates the signal of any other local signal carried, or the signal of more than one 
local station affiliated with a particular broadcast network. If, pursuant to these requirements, a 
system operator elects to carry the signal of only one such duplicating signal, the operator is 
obliged to carry the station from the ADI whose city of license is closest to the principal headend
8 8 I''CC Red al 2977 (emphasis in original).
98 FCC Red al 1977 n. 139. Viewership information cited herein is county data rather than community specific 
data. However, absent evidence that such data is not fairly reflective of viewing in the actual communities in 
question, we accept such data as probative in cases of this type. See, e.g., KKZ Television, fnc.R FCC Red 8008, 8010 
(1993).
1047 C.K.R. §76.59.
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Federal Communications Commission DA 96-1921
of the cable system. 11 Accordingly, depending upon the circumstances involved, the addition of 
communities to a station's market area may have the following consequences. It may guarantee 
that station's carriage in the subject communities. Should there be more must-carry stations than 
one-third of a system's channel capacity, it would provide the system operator with an expanded 
list of must-carry signals from which to choose. Should the station be a duplicating network 
station, it will determine which station has priority carriage in the subject communities added.
SUMMARY OF PLEADINGS
8. WBSX's city of license, Ann Arbor, Michigan, is located in the Detroit ADI 
although the station itself is assigned to the Lansing ADI. In its petition, WBSX states that, 
while Arbitron assigned the station to the Lansing ADI for purposes of Arbitron's 1991-1992 
Television Market Guide, that assignment was meant to be temporary until WBSX increased its 
audience viewership shares, and that WBSX belongs in the Detroit ADI.12 WBSX maintains that 
the Commission's decision to rely on the 1991-1992 Arbitron data for determining a television 
station's ADI prevented the station from correcting its ADI assignment in time for the initial 
must-carry elections in 1993. Following publication of the 1991-1992 Arbitron ADI assignments, 
WBSX obtained a letter from Arbitron in which Arbitron agreed that, effective for the 1993-1994 
year, WBSX would be considered a "home station" to the Detroit ADI.13 WBSX argues that the 
Commission's decision to continue to rely upon the 1991-1992 Arbitron ADI assignments for the 
1996 must-carry elections only frustrates the station's efforts to correct its ADI. WBSX points 
out that a note to Section 76.55(e) of the Commission's rules indicates that ADI assignments 
would be updated at three-year intervals.14 WBSX argues that additional support for its ADI 
redesignation request can be found in the fact that Nielsen Media Research, an organization 
which the Commission has recognized, has assigned WBSX to its Detroit Designated Market Area ("DMA").15
9. In the alternative, WBSX maintains that granting its request to modify its ADI 
comports with the four statutory criteria governing market modification proceedings.16 WBSX
"8 KCC Red al2981.
l2Arbilron's Te/erision Market Guide 1991 -1992.
"Petition at Exhibit A. In the letter referred lo by WBSX, Arbitron states that it will reassign WBSX to the Detroit 
ADI because that's where the station's city of license is located.
"SeeW C.I'.R. § 76.55(e), Note (1994).
15WBSX states that the Commission has recognized DMA assignments in market modification proceedings, tiling 
Greenville Television, Inc.. 10 FCC Red 6491, 6493, n.ll (Cab. Serv. Bur. 1995) and Smith Television of New York, 
Inc., 10 I-'CC Red 7127, 7131 (Cab. Serv. Bur. 1995).
™See\\. 2, supra,\w list of specific communities.
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Federal Communications Commission DA 96-1921
asserts that all of the communities at issue lie within four northern and eastern counties 
immediately adjacent to Washtenaw County. 17 WBSX maintains that it clearly meets the first 
statutory criterion because the station has a history of carriage in each of the 55 communities at 
issue. Specifically, WBSX states that, of the 55 communities at issue, it has been carried by the 
local cable systems serving: 16 communities since 1986;18 5 communities since 1990;19 2 
communities since 1991;20 and, the remaining 32 communities since 1993.21
10. With regard to the second statutory criterion, WBSX asserts that the station, either 
through its primary signal or through its translator station, provides full coverage to all but four 
of the Communities.22 WBSX maintains that it places a City Grade contour over 14 of the 
communities at issue;23 a Grade A contour over 13 of those communities;24 and, a Grade B 
contour over the remaining 22 communities, including the City of Detroit.25 WBSX further
17WBSX lists those adjacent counties as: Livingston; Oakland; Wayne; and, Monroe Counties.
'"Commerce Township; City of Detroit; Frenchtown Township; Hamburg Township; City of Keego Harbor; Milford 
Township; Village of Milford; City of Monroe; Monroe Township; Township of Northvilie; Village of Pinckney; Unadilla 
Township; City of Walled Lake; White Lake Township; City of Wixom and, Village of Wolverine Lake.
I9City of Belleville and Ilartland, Huron, Sumpter, and Van Buren Townships. 
20 Brighton City and Howeil City.
21Bedford Township; Village of Beverly Hills; City of Bingham Farms; City of Birmingham; City of Bloomfield Hills; 
Bloomfield Township; Canton Township; City of Dearborn; City of Dearborn Heights; Village of Dundee; Village of 
Franklin; Green Oak Township; City of Hamtramck; City of Inkster; City of Lake Angelus; City of Lathrup; City of 
Livonia; Township of Lyon; City of Northvilie; City of Oak Park; Village of Orchard Lake; City of Plymouth; Township 
of Plymouth; City of Pontiac; Township of Redford; Village of Romulus; Royal Oak Township; City of Southfield; City 
of South Lyon; City of Sylvan Lake; Waterford Township; and, City of Westland.
^In support of its petition, WBSX submits an Engineering Statement, prepared by Mark B. Peabody of Suffa and 
Cavell, Inc., which classifies each community at issue according to whether the station provides City Grade, Grade 
A, or Grade B coverage. WBSX states that, with regard to the following four communities located on the periphery 
of its Grade B contour, it provides limited coverage: Bedford Township; Frenchtown Township; Monroe Township; and, 
the City of Monroe. WBSX further stales that those four communities are within close proximity as they are located 
approximately 35 miles from Ann Arbor, the station's city of license. .^Petition at Exhibit B.
23Cily of Brighton, Canton Township; Green Oak Township; Hamburg Township; Ilartland Township; City of llowell; 
Township of Lyon; Milford Township; Village of Milford; Township of Northvilie; Village of Pinckney; City of South Lyon; 
Unadilla Township; and City of Wixom.
24City of Belleville; Commerce Township; Village of Dundee; City of Livonia; City of Northvilie; City of Plymouth; 
Township of Plymouth; Sumpter Township; Van Buren Township; City of Walled Lake; City of Westland; White Lake- 
Township; and, Village of Wolverine Lake.
25Village of Beverly Hills; City of Bingham Farms; City of Birmingham; City of Bloomfield Hills; Bloomfield 
Township; City of Dearborn; City of Dearborn Heights; City of Detroit; Village of Franklin; Huron Township; City of 
Inksler; City of Keego Harbor; City of Lake Angelus; City of Lalhrup Village; Village of Orchard Lake; City of Ponliac;
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Federal Communications Commission DA 96-1921
maintains that its translator station, W48AV, provides Grade A coverage to 2 communities,26 both 
of which lie outside of WBSX's primary Grade B contour but are closely proximate to WBSX's 
city of license in that they are located approximately 30 miles away. Finally, WBSX states that 
it provides limited Grade B coverage over the communities of Bedford Township, Frenchtown 
Township, Monroe Township and the City of Monroe. WBSX argues that those four 
communities should be included in its ADI because, under an alternative propagation prediction 
method, a method which is different from the method for predicting signal coverage prescribed 
in the Commission's rules, they are more likely than not to receive service.27
11. WBSX maintains that, with regard to the third statutory factor, it is unaware of 
any other television station eligible to be carried in the Communities which provides local news, 
sports or public affairs programming. Further, WBSX states that, while its home shopping format 
limits the amount of the station's local interest programming, it has broadcast some programs 
on local issues of general interest to subscribers residing in the Communities. WBSX notes 
however that the Commission has stated that the third factor is not to be used as a bar to an 
otherwise meritorious ADI modification claim.
12. With regard to the fourth factor, WBSX states that, because of its home shopping 
format, it no longer subscribes to a commercial ratings service to assess audience viewing 
patterns. WBSX notes that it is the only station in the area with a home shopping format and 
that the Commission has recognized home shopping networks and other specialty stations as 
enhancing the diversity of programming. Moreover, WBSX notes that the Commission has 
afforded must-carry rights to home shopping networks regardless of their low viewership levels.28 
For the foregoing reasons, WBSX requests that its ADI be modified by adding the communities 
at issue to the station's current ADI.
13. In its opposition, Comcast argues against the redesignation of WBSX's ADI 
assignment but does not oppose WBSX's alternative request to modify its current ADI by adding
Township of Redford; Village of Romulus; Royal Oak Township; City of Soulhfield; Cily of Sylvan Lake; and Walerford 
Township.
26llamlramck City and Oak Park Cily.
"The standard method for predicting signal coverage is described in 47 C.P.R. § 73.684. WBSX however relies 
on the Engineering Statement submitted with its petition which states that, with regard to those four communities, 
"the local terrain and physical geography of the region warrants an alternative propagation prediction method to 
accurately report the location of the expected Grade B service from WBSX. Application of the stayed correction 
roughness factor |47 C.f'.-R. § | 73.684(L) bears this out." Petition at Exhibit 1. WBSX states that the most accepted 
alternative propagation method is the U.S. Department of Commerce, TA Service,.ITS Irregular Terrain Model. WBSX 
maintains that application of that alternative method demonstrates that those communities which lie at the 
periphery of the station's Grade B contour are likely to receive service and should be included in WBSX's ADI.
™ Citing Time tor/ier-Advance/NerhousePartnership DA 96-830 (Cab. Serv. Bur., released May 31, 1996) and 
Continental Cab/ev/s/on of Western Mew L'ng/and, fac.M 96 -827 Łab. Serv. Bur., released May 31, 1996).
14998
Federal Communications Commission DA 96-1921
the communities at issue. Comcast adds that, with regard to WBSX's alternative request, only 
those communities which lie within the station's Grade B contour and which have a history of 
carriage should be added to WBSX's television market. Comcast acknowledges that it already 
carries WBSX in certain of the communities at issue.29 Comcast argues however that WBSX 
has not met its statutory burden to justify granting its request to redesignate its ADI assignment 
from Lansing to Detroit. Comcast adds that WBSX's contention that both it and Arbitron 
intended its Lansing ADI assignment to be temporary is without merit.30 Comcast maintains that 
Arbitron's current intent to assign the station to the Detroit ADI is largely based on the fact that 
the station's city of license is located within the Detroit ADI and not on any record of service by 
the station to the viewers throughout the entire Detroit ADI.
14. With regard to WBSX's request that it be reassigned to the Detroit ADI, Comcast 
maintains that WBSX has failed to establish that it meets the four statutory criteria throughout 
the Detroit ADI. Comcast states that, with regard to the first statutory factor of historic carriage, 
it has never carried WBSX on its systems serving certain communities located in the eastern 
portion of the Detroit ADI (the "Eastern Communities").31 Comcast maintains that WBSX's lack 
of historic carriage in the Eastern Communities means that it has failed to achieve an ADI-wide 
presence necessary to justify an ADI redesignation. Further, Comcast asserts that WBSX fails 
to place a Grade B contour over the Eastern Communities and, because of its home shopping 
format, provides no significant local programming to those communities. As a result, Comcast 
argues that WBSX has failed to meet the requirements of the second statutory factor.
15. Comcast further states that there are an abundance of broadcast stations, carried 
on its cable system serving the Eastern Communities, which provide local coverage superior to 
that of WBSX. Thus Comcast asserts that WBSX does not provide a service that other local 
stations do not provide and the station therefore can not rely upon the third factor as an 
enhancement criterion. Finally, with regard to the fourth factor, Comcast asserts that WBSX has 
failed to introduce evidence to demonstrate a substantial level of local viewing for cable and non- 
cable households located in the Detroit ADI. For the foregoing reasons, Comcast maintains that 
WBSX's request to redesignate its ADI must be denied.
29Comcast stales LhaL il carries WBSX on its cable systems serving the City of Inksler, City of Lake Angelas, City 
of Pontiac and Walerford Township.
™ Citing Costa tie Oro '/'e/evision, /nc.M 95-1828. 10 I'CC Red 9468 (1995) at 11 13. In this case, the Commission 
found LhaL a television station can be physically located in one ADI while it is assigned to another ADI. Further, 
the Commission found that no evidence had been introduced in Lhis case Lo show LhaL ArbiLron had erred in making 
iLs ADI assignment of Lhe station at issue.
31 Comcast attaches a list of 31 communities located in the eastern portion of the Detroit ADI which do not 
receive WBSX over its local cable systems. OpposiLion at Exhibit 1.
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Federal Communications Commission DA 96-1921
16. In its reply, WBSX notes that, while it has filed a petition for reconsideration in 
the Commission's ADI rulemaking proceeding,32 it chose to initiate this market modification 
proceeding in order to preserve its carriage in the Detroit ADI. WBSX notes that Comcast, in 
its opposition, only objects to the station's request that the Commission redesignate its ADI 
according to Arbitron's most recent ADI assignments but that Comcast does not raise objections 
to any of the 55 communities identified by WBSX to be included in the stations's current ADI. 
WBSX asserts that Comcast ignored its arguments regarding a television station's right, pursuant 
to the Commission's rules, to update its ADI assignments every three years.33 WBSX states that 
the Commission, under its own rules, is required to recognize the updated ADI assignment for 
the 1996-1999 must-cany election period and maintains that it would be arbitrary and capricious 
for the Commission to deny WBSX's request to update its ADI assignment.
17. WBSX further replies that Comcast has not shown that the station's request to be 
assigned to the Detroit ADI fails to meet the requirements of the ADI statute. First, WBSX 
states that Comcast's argument that WBSX lacks a history of carriage in the Eastern Communities 
is disingenuous because Comcast knows WBSX was denied carriage in those communities 
because of its current ADI assignment. WBSX adds that, in market modification proceedings, 
the first statutory factor should be given less weight in cases such as this where a television 
station has been denied carriage based on an anomalous ADI assignment. Second, WBSX 
maintains that Comcast's assertion that the station does not provide Grade B coverage to the 
Eastern Communities is inaccurate. WBSX notes that it provides predicted Grade B service to 
a significant number of those communities and that it is closely proximate to most of the 
remaining communities.34 In fact, WBSX calculates that it provides service to 77 percent of the 
Eastern Communities identified by Comcast.35 Third, WBSX states that the fact that other 
stations may be providing local service to the Eastern Communities does not act as a bar to its 
must-carry rights.36 Finally, WBSX maintains that Comcast's argument that other local broadcast
32 Seen. 1, supra.
33 Cit/ngW C.F.R. § 76.55(e), Note (1994) and Implementation of the Cable Television Consumer Protection and 
Competition M of ' 1992, Broadcast S/gna/ 'Carriage Issues,^ FCC Red 2965, 2976 (1993).
refers to its Engineering Statement to demonstrate its coverage of the Eastern Communities. SeeRep\y 
at Exhibit A.
35WBSX disputes the number of communities which Comcast designates as encompassing the eastern portion 
of the Detroit ADI. Specifically, WBSX excludes one community, Easlpoinle, because, although the community 
appears on an atlas of Detroit, Ml, WBSX did not find census designated boundaries for this community in the U.S. 
TIGER database. In any case, WBSX states that the community of Eastpointe would receive predicted Grade B service 
by its translator station, W48AV.
36 Citing IJusse broadcasting Corpora* ion, DA 96 809 (released May 31, 1996); Nationwide Communications,^., 
10 I-'CC Red 13090 (1995); and KTTC Television. Inc., 10 FCC Red 12078 (1995). WBSX further states that those cases 
stand for the proposition that the third factor operates as an enhancement where other local stations do not serve 
the communities in question.
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Federal Communications Commission DA 96-1921
stations are providing service to the Communities is inapposite here because the Commission has 
stated that, where a station seeks to add communities, the existence of other stations serving the 
same communities does not act as a bar to the .petitioning station's market modification claim.
DISCUSSION
18. We decline to grant WBSX's request to redesignate its current ADI assignment 
and assign the station to the Detroit ADI. We first note that the ADI statute permits the 
Commission to modify the ADI of a television station but does not grant it authority to 
redesignate a television station from one ADI to another ADI.37 We further note that, in the ADI 
Report and Order, the Commission amended Section 76.55 of its rules to provide that "local 
markets for signal carriage purposes will be determined on the basis of the ADI designations 
specified in Arbitron's 1991-1992 Television Market Guide for the 1996 must-carry/retransmission 
consent election."38 Therefore, for purposes of the must-carry elections, Arbitron's 1991-1992 
assignment of WBSX to the Lansing ADI is controlling. With regard to WBSX's assignment to 
an ADI which is different from the ADI in which its city of license is located, the Commission 
has resolved that issue by adopting a "home county" exception.39 Under the "home county" 
exception, a television station is entitled to treat the county in which the station's city of license 
is located as within its market regardless of the ADI to which the station is assigned.40 In the 
instant case, WBSX is afforded must-carry rights in the Detroit ADI for the county in which its 
city of license is located. We also agree with WBSX that this market modification proceeding 
is not the proper forum in which to address the Commission's continued reliance on Arbitron's 
1991-1992 ADI designations for must-carry purposes.
19. We grant WBSX's alternative request to modify its current ADI to include the 
communities at issue. No objection has been raised to WBSX's alternative request. We find that 
WBSX has a history of carriage by the local cable system in each of the Communities which is, 
in some cases, as long as ten years. We further find that the evidence submitted in this 
proceeding indicates that WBSX provides local service to an overwhelming majority of the 
Communities with either a City Grade, Grade A or Grade B contour.41 WBSX states that its 
Grade B contour provides limited coverage over the communities of Bedford Township,
^Seen. 6, supra.
™ Atil Keporl and Order&\. II 48. The Commission also concluded lhat Nielsen's DMAs found in its Market and 
Demographic Hank Keporlv\\\ be the basis for 1999 must-carry/retransmission consent election.
^ Keport and Ordenn Docket 92 -259, 8 FCC Red 2965 (1993); see also Memorandum Opinion and Orders Docket 
92 259, 91'CC Red 6723(1994).
4047 C.I'.R. § 76.55(e)(3). 
"Seel 10, supra..
15001
Federal Communications Commission DA 96*1921
Frenchtown Township, Monroe Township and the City of Monroe. We are persuaded to include 
those communities by WBSX's argument that they are located on the periphery of the station's 
Grade B contour and because of their historic carriage by local cable systems serving the 
Communities.42
20. With regard to WBSX's presumed low viewership levels, we note that specialty 
stations such as WBSX have been generally found to have low audience shares. The 
Commission however has recognized that specialty stations such as WBSX are able to "offer a 
desirable diversity of programming."43 In addition, WBSX has stated that, even though it has a 
home shopping format, the station broadcasts public affairs programming of interest to 
subscribers in the Communities.
21. Based upon the strength of WBSX's showing with regard to the statutory criteria 
of historic carriage and the provision of local service, and in the absence of any opposition, we 
grant WBSX's alternative request to add the 55 communities at issue to its current ADI.
ORDERING CLAUSES
22. Accordingly, IT IS ORDERED, pursuant to § 614 of the Communications Act of 
1934, as amended, 47 U.S.C. § 534 and §§ 76.56 and 76.59 of the Commission's rules, 47 C.F.R. 
§§ 76.56 and 76.59, that the Petition for Special Relief (CSR-4786-A) filed by Blackstar of Ann 
Arbor, Inc. IS DENIED with regard to its request to redesignate its current ADI for purposes of 
the triennial must-carry election.
23. IT IS FURTHER ORDERED that the Petition for Special Relief (CSR-4786-A) 
IS GRANTED with regard to Blackstar of Ann Arbor, Inc.'s alternative request to modify its 
current ADI by adding the communities of Bedford Township; City of Belleville; Village of 
Beverly Hills; City of Bingham Farms; City of Birmingham; City of Bloomfield Hills; 
Bloomfield Township; City of Brighton; Canton Township; Commerce Township; City of 
Dearborn; City of Dearborn Heights; City of Detroit; Village of Dundee; Village of Franklin; 
Frenchtown Township; Green Oak Township; Hamburg Township; City of Hamtramck; Hartland 
Township; City of Howell; Huron Township; City of Inkster; City of Keego Harbor; City of Lake 
Angelus; City of Lathrup Village; City of Livonia; Township of Lyon; Milford Township; Village 
of Milford; City of Monroe; Monroe Township; City of Northville; Township of Northville; City 
of Oak Park; Village of Orchard Lake; Village of Pinckney; City of Plymouth; Township of 
Plymouth; City of Pontiac; Township of Redford; Village of Romulus; Royal Oak Township; 
City of Southfield; City of South Lyon; Sumpter Township; City of Sylvan Lake; Unadilla 
Township; Van Buren Township; City of Walled Lake; Waterford Township; City of Westland; 
White Lake Township; City of Wixom; and Village of Wolverine Lake.
. 21, supra, 
first Kepori and Order.W FCC 2d 442, 452 (1976), neon, denied, 60 PCC 2d 661 (1976).
15002
Federal Communications Commission DA 96-1921
24. This action is taken pursuant to authority delegated by § 0.321 of the 
Commission's rules, 47 C.F.R. § 0.321.
FEDERAL COMMUNICATIONS COMMISSION
William H. Johnson
Deputy Chief, Cable Services Bureau
15003