DA 96-353 Federal Communications Commission Record
	
11 FCC Rcd No.7
Before the
Federal Communications Commission
Washington, D.C. 20554
let re:
Complaint of Urban
	
CSR-465 1-M
Broadcasting Systems, Inc.
against Telecommunications, Inc.
Request for Carriage
MEMORANDUM OPINION AND ORDER
Adopted: March 12, 1996;
	
Released: March 22, 1996
By the Deputy Chief, Cable Services Bureau:
1. Urban Broadcasting Systems, Inc. ("KZJL"), licensee
of television station KZJL(TV), Channel 61, Houston. Tex-
as has filed the above-captioned complaint (CSR-4651-M)
requesting mandatory carriage of its signal on cable systems
operated by Telecommunications, Inc. ("TCI") serving
Houston, Texas and the Texas communities served by the
following TCI headends: Baytown, Clute, Columbus, Eagle
Lake, Galveston, Harris County 1, Harris County 2, Harris
County 3, Houston, La Marque/Alvin, League City, Liberty,
Pearland, Tomball, and Woodlands. The complaint is
unopposed.
2. In its must-carry complaint, KZJL, an affiliate of the
Shop at Home network, maintains that on April 8. 1995, it
notified TCI that it expected to commence broadcast oper-
ations on June 3, 1995, and that it elected carriage on the
TCI systems pursuant to §76.64(0(4) of the Commission's
rules. KZJL argues that it meets the Commission's criteria
for carriage under the must-carry rules, and thus, it is
entitled to carriage on TCI's system.' KZJL maintains that
TCI was obligated by Commission rules to commence car-
riage of the statioh within 90 days of the April 8 letter, i.e.,
by July 7, 1995. KZJL contends that because TCI failed to
commence carriage by that date, KZJL sent a letter to the
operator on August 8, 1995, notifying TCI of its failure to
meet its must-carry obligations. KZJL maintains that TCI
did not make a "substantive" response to its August 8 letter
within 30 days, as is required by §76.61(a)(2) of the rules.2
KZJL contends that by letter dated September 19, 1995.
after the 30-day statutory deadline had passed, the station
received a short letter from TCI stating only that TCI had
conducted tests to determine signal level and picture qual-
ity of KZJL at eleven headends, and that the tests revealed
poor picture quality. According to KZJL, TCI did not
In support of this argument. KZJL contends that it meets the
Commission's requirements for being considered a local com-
mercial station on TCI's system: the station is a full power
commercial station in the same ADI as the systems; the station
delivers the minimum signal strength required under 47 C.F. R.
§76.55(c)(3) to the TCI headends; and the station and TCI are in
the same ADI, so carriage of the station would not trigger
distant copyright liability. KZJL also argues that each of TCI's
systems at issue has more than 300 subscribers, and more than
provide any documentation of the testing equipment or
methodology as is required under Commission rules. KZJL
notes that TCI did not object to the signal level at its
central Houston headend, nor did the operator address the
issue of KZJL's signal strength at any of the headends.
Maintaining that signal strength, rather than picture qual-
ity, is the key factor for determining must-carry eligibility
under §76.55(c)(3) of the rules, KZJL argues that TCI did
not adequately account for its failure to commence carriage
of the station.
3. KZJL argues further that the station sent its own
engineers to two of TCI's headends to perform signal tests.
According to KZJL, the station found that its signal
strength was above the minimum required for carriage, and
that although there was some minor ghosting, it was not
any worse than the ghosting present on three other stations
carried by TCI. KZJL offered to test its signal at all of
TCI's headends, and where necessary to install antennas cut
for KZJL's Channel 61, along with other equipment de-
signed for improving signal quality. KZJL argues that in
response to the station's offer, TCI promised KZJL that by
November 1, 1995, it would notify the subscribers of its
systems that it would commence carriage of the station on
December 1, 1995. KZJL contends that TCI has failed to
commence carriage, and that the station has been unable to
confirm whether TCI notified subscribers of its impending
carriage of the station.
4. We will grant KZJL's carriage complaint against TCI.
In the instant case, TCI does not dispute that the station's
signal strength is adequate. In its letter to KZJL, TCI
merely maintains that the station provides poor picture
quality. Apart from this conclusory statement, TCI has
made rio showing to persuade us that KZJL is not entitled
to carriage under our rules.
5. Accordingly, IT IS ORDERED, pursuant to § 614(a)
of the Communications Act of 1934, as amended, [47
U.S.C. § 534(a)], that the above-captioned petition (CSR-
4651-M), filed November 3, 1995. by Urban Broadcasting
Systems, Inc. against Telecommunications, Inc. IS GRANT-
ED.
6. IT IS FURTHER ORDERED, that TCI shall com-
mence carriage of KZJL(TV) on its cable systems serving
Houston, Texas and the Texas communities served by the
above-outlined TCI headends within sixty (60) days from
the release date of this Order.
7. This action is taken pursuant to authority delegated
under §0.321 of the Commission's Rules.
12 activated channels, and has not fulfilled the requirement to
provide one-third of its channel space to local commercial
stations.2 KZJL states that TCI's Houston manager responded to
KZJL's letter only by requesting copies of any letters KZJL had
previously sent to the operator.
KZJL has already installed high gain antennas cut for Chan-
nel 61 in at least two TCI headends.
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11 FCC Rcd No.7
	
Federal Communications Commission Record DA 96-353
FEDERAL COMMUNICATIONS COMMISSION
William H. Johnson
Deputy Chief, Cable Services Bureau
3575