Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

In the Matter of ) ) PMCMTV,LLC ) CSR-8917-M ) Docket No. 16-25 Must Carry Complaint Regarding ) Television Station WJLP(DT), ) Middletown, Township, NJ )

To: Office of the Secretary Attn: The Commission

OPPOSITION TO COMPLAINT

RCN Telecom Services, LLC ("RCN" or the "Company") hereby opposes the Must-

Can-y Complaint (the "Complaint") filed by PMCM TV, LLC ("PMCM"), licensee of

WJLP(DT), Middletown Township, New Jersey ("WJLP" or the "Station") on January 19, 2016, in the above-captioned proceeding.1 The Complaint requests that the Commission require RCN to carry WJLP on its "over-the-air" channel position, Channel 3, on the RCN cable systems located within the New York DMA. The Commission should deny the Complaint because

1 Pursuant to 47 C.F.R. § 76.7, responses to the Complaint were due February 23, 2016. RCN hereby moves for leave to submit this late-filed Opposition. Although RCN was apparently served with a copy of the Complaint, due to an administrative en-or, the relevant personnel at the Company did not receive it until after the response period had passed. Good cause exists for Commission acceptance and consideration of this Opposition, as it will enable the Commission to proceed with a full and accurate record before it. Further, the public will not be prejudiced by this brief delay. Indeed as noted below, PMCM has acknowledged that RCN is already carrying WJLP on channel 33 - the Station's approved PSIP channel - consistent with the Commission Rules and precedent. WJLP has no right to carriage on channel 3 and RCN's carriage of WJLP on the Station's PSIP channel number 33 is consistent with the Commission's rules and precedent.

In its Complaint, PMCM asserts that pursuant to the Communications Act and the

Commission's Rules, WJLP is entitled to carriage on the channel number on which the station is

"broadcast over the air."2 According to the PMCM, WJLP's over-the-air broadcast channel number for must carry purposes should be its RF channel allotment, channel 3.3 However in the well-reasoned 2008 Declaratory Order issued by the Commission in connection with the television broadcast industry's conversion from analog to digital format, the Commission explained: "In digital broadcasting, a broadcast station's channel number is no longer identified by reference to its over-the-air radio frequency. Instead, in compliance with the ATSC standard, the station's 'major channel number' is identified in its program and system information protocol

('PSIP')."4 The Commission clarified that "any station carried pursuant to mandatory carriage may demand carriage on its major channel number as broadcast in the station's PSIP."5

Consistent with this clarification, and as the Complaint concedes, 6 the Media Bureau has since held that a digital station's channel positioning rights are determined by reference to the station's PSIP, not its RF channel.7 Thus, despite PMCM's claims to the contrary, WJLP is not

2 Complaint at 3, referencing 47 U.S.C. § 534(b)(6) and 47 C.F.R. § 76.57. 3 See id. at 1, 3-6. 4 Carriage ofDigital Television Broadcast Signals: Amendment to Part 76 ofthe Commission's Rules, Declaratory Order, 23 FCC Red. 14254, if 15 (2008). 5 Id. at if 16. 6 See Complaint at 3. 7 See, e.g., Gray Television Licensee, LLC v. Zito Media, L.P., 28 FCC Red. 10780, n. 2010 (2013); KQSA, LLC v. Cox Cable Communications, Inc., 27 FCC Red. 13185, if 4 (2012) (a digital station's channel positioning choice "may attach only to its Major Channel Number as carried in its PSIP.").

2 entitled to carriage on cable channel 3, its RF channel number. Rather, the only cable channel to which WJLP is entitled is channel 33, its assigned PSIP channel. 8 As the Complaint concedes,

RCN's New York DMA cable systems currently carry WJLP on cable channel 33.9 Thus, RCN is in compliance with the Commission's channel positioning rules and precedent.

CONCLUSION

For the reasons stated herein, RCN hereby requests that the Commission Issue an order dismissing or denying PMCM's Complaint.

Respectfully submitted,

~ Thomas K. Steel, Jr. RCN Telecom Services, LLC 650 College Road East, Suite 3100 Princeton, NJ 08540 (609) 751-9309

March 10, 2016

8 See Request for Declaratory Ruling by Meredith Corporation and "Alternative PSIP Proposal" by PMCM TV, LLC for WJLP (Formerly KVNV(I'V)), Middletown, New Jersey, 30 FCC Red. 6078, 12 (2015). 9 See Complaint at 3.

3 CERTIFICATE OF SERVICE

I, Deborah A. Rankin, hereby certify that a true and correct copy of the foregoing Motion for Extension of Time was sent via first-class, postage prepaid mail on this 10th day of March, 2016 to the following:

Donald J. Evans Andrew Rosenberg Fletcher, Heald & Hildreth, PLC Time Warner Cable 1300 North 17th Street, Suite 1100 60 Columbus Circle Arlington, VA 22209 New York, NY 10023

Robert Williams, Jr. General Counsel James E. Dunstan Service Electric Cable TV of New Jersey Inc. Counsel to SECTV-NJ d/b/a Service Electric Broadband Cable Mobius Legal Group, PLLC 320 Sparta A venue P.O. Box 6104 Sparta, NJ 07871 Springfield, VA 22150

Tom Montemagno, EVP, Programming Verizon, Inc. Cablevision Systems Corporation 1300 I Street, NW 111 Stewart A venue Washington, DC 20005 Bethpage, NY 11714

Advanced Broadband, LP Blue Ridge Cable Technologies, Inc. 4636 Street Road 613 Third Street Trevose, PA 19053 P.O. 215 Palmerton, PA 18071

Charter Communications Entertainment 1 LLC Hometown Online Inc. 12405 Powerscourt Drive 47 Main Street St. Louis, MO 631131 Warwick, NJ 10990

Hovbilt Inc. Service Electric Cable TV, Inc. Suite 12 Village Mall 1045 Hamilton Street Freehold, NJ 07728 Allentown, PA 18101 Sky Satellite Corp. DISH Network, L.L.C. 258 Glen St. 9601 S. Meridian Blvd. Glen Cove, NY 11542 Englewood, CO 80112

DIRECTV, Inc. State of Connecticut Dept. of Energy and 2260 E. Imperial Hwy. Environmental Protection Public Utilities El Segundo, CA 90245 Regulatory Authority Ten Franklin Square New Britain, CT 06051

Office of the Secretary New Jersey Board of Public Utilities New York State Department of Public Service Office of Cable Television Cable TV Franchise Authority 44 S. Clinton Avenue 3 Empire State Plaza P.O. Box 350 Albany, NY 12223 Trenton, NJ 08625

American Broadcasting Companies Inc. CBS Broadcasting Inc. 1 1 77 West 66 h Street, l6 h Floor 2175 K Street, NW, Suite 350 New York, NY 10023 Washington, DC 20037

NBC Telemundo License LLC Fox Television Statins Inc. 1299 Pennsylvania Ave. NW., 9th Floor 400 North Capital Street, Ste. 890 Washington, DC 20004 Washington, DC 20001

WPIX, LLC ION Media License Co., LLC 220 East 42"d Street 601 Clearwater Park Road New York, NY 10017 West Palm Beach, FL 33401

Trinity Broadcasting Network of New York Univision New York, LLC Inc. 5999 Center Drive 111 East 15th Street Suite 4083 New York, NY 10003 Los Angeles, CA 90045

CBS LITV, LLC WRNN License Co., LLC 1800 K Street, NW, Suite 920 800 Westchester Ave., Ste.S-640 Washington, DC 20006 Ry Brook, NY I 0573 5 Mountain Broadcasting Corp WXTV License Partnership GP 99 Clinton Road 5999 Center Dr., Ste. 4083 West Caldwell, NJ 07006 Los Angeles, CA 90045

NRJ TV NY License Co., LLC WNET 722 South Denton Tap Road., Suite 130 825 81h A venue Coppell, TX 75019 New York, NY 10019

~~~~Deborah A. Rankin

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