DA 96-272 Federal Communications Commission Record 11 FCC Red No. 6
Before the
Federal Communications Commission
Washington, D.C. 20554
In re
Complaint of
Kentucky New Era, Inc.
against U.S. Cable
Television Group, L.P.
Request for Carriage
CSR-4598-M
MEMORANDUM OPINION AND ORDER
Adopted: February 29, 1996; Released: March 11, 1996
By the Cable Services Bureau:
l. On October S, 1995, Kentucky New Era. Inc., licensee
of low power television station WKAG-LP (Channel 43),
Hopkinsville, Kentucky, filed a complaint against U.S. Ca
ble Television Group, L.P. ("U.S. Cable"). operator of a
cable system serving Princeton, Kentucky, claiming that
U.S. Cable had declined to carry the station even though
WKAG-LP is a fully-qualified low power television station
within the meaning of §76.56(b)(3) of the Commission's
Rules and §§614(c) and (h)(2) of the Cable Television
Consumer Protection and Competition Act of 1992, Pub.
L. No. I 02-385, 106 Stat. 1460 ( 1992). U.S. Cable re
sponded on November 6, 1995 1 by alleging that the station
did not provide a good quality signal and, that even if it
did, complainant does not satisfy the definition of a quali
fied LPTV station.
DISCUSSION'
2. The 1992 Cable Act provides "that a cable operator is
not required to carry a low power television station that
does not deliver la good 4uality signal I to the principal
headend of a cable system." See 47 U.S.C.
§534(h)(l)(B)(iii). Because the cable operator is in the best
position to know whether a given station is providing a
good quality signal to the system·s principal headend, we
believe that the initial burden of demonstrating the lack of
a good quality signal appropriately falls on the cable oper
ator. In meeting this burden. the cable operator mu~t show
that it used good engineering practices, as defined below. to
measure the signal delivered to the headend.
3. With respect to the standard to be used to determine
what constitutes a good 4uality signal, the 199'.? Cahle Act
adopted a standard for determining the availability of VHF
and UHF commercial stations at a cable system ·s headend:
for VHF commercial station signals. the standard is -49
dBm; for UHF commercial television signals. the standard
1 U.S. Cable filed a supplement to this opposition on Novem
ber 27, IQ95.
2 One matter which should be noted. however. is WKAG-LP"s
request in its reply that the Commission order a joint re
measurement of the signal quality tests performed by U.S. Ca-
2976
is -45 dBm. Consistent with Congress' guidance with re
spect to VHF and UHF commercial stations availability, we
have found it reasonable to utilize the same standards as
prima facie tests to initially determine, absent other evi
dence, whether VHF or UHF low-power stations place
adequate signal levels over a cable system's principal
headend.
4. To measure a s tation's signal to see if it meets the
Commission's requirement, a cable operator's signal
strength surveys should, at a minimum, include the follow
ing: 1) specific make and model numbers of the equipment
used, as well as its age and most recent date(s) of calibra·
tion; 2) description(s) of the characteristics of the equip
ment used, such as antenna ranges and radiation patterns;
3) height of the antenna above ground level and whether
the antenna was properly oriented; and 4) weather con·
ditions and time of day when tests were done. In addition,
ou r rules require that a cable operator must conduct mul·
tiple signal quality tests to ensure accurate results and, in
turn, provide that testing information to the affected station
when there is a dispute over signal level measurements.
Generally, if the test results are less than -51 dBm for a
UHF station, we have said that at least four readings must
be taken over a two-hour period. Where the initial readings
are between -51 dBm and -45 dBm, inclusive, we believe
that the readings should be taken over a 24-hour period
with measurements not more than four hours apart to
establish reliable test results.
5. U.S. Cable has submitted data for the Princeton system
consisting of readings taken over a 24-hour period. These
tests were conducted by U.S. Cable's Technical Engineer
on October 3 and 4, 1995. T he data demonstrates. consis
tent with Commission requirements, that WKAG-LP's sig
nal strength at the cable system's principal headend is
substantially below the level of -45 dBm required for UHF
stations. As a result, WKAG-LP is not eligible for must·
carry status on U.S. Cable's system. Given our conclusion,
we need not reach the other issues raised by the parties in
this matter.2
6. Accordingly, the petition filed October 5, 1995, by
Kentucky New Era, Inc. IS DENIED, pursuant to
§614(h)(2)(F) (47 U.S.C. 534) of the Communications Act
of 1934. as amended.
7. This action is taken pursuant to authority delegated by
§0.321 of the Commission's Rules.
FEDERAL COMMUNICATIONS COMMISSION
William H. Johnson
Deputy Chief. Cable Services Bureau
ble. In light of the fact that U.S. Cable followed the signal
quality criteria required by the Commission in the performance
of its tests plus the fact that, as a low power station. WKAG-LP
does not have the recourse of providing equipment to enhance
its signal. we see no need to order a retest.