DA 96-353 Federal Communications Commission Record 11 FCC Rcd No.7

provide any documentation of the testing equipment or Before the methodology as is required under Commission rules. KZJL Federal Communications Commission notes that TCI did not object to the signal level at its Washington, D.C. 20554 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- let re: ity, is the key factor for determining must-carry eligibility under §76.55(c)(3) of the rules, KZJL argues that TCI did Complaint of Urban CSR-465 1-M not adequately account for its failure to commence carriage Broadcasting Systems, Inc. of the station. against Telecommunications, Inc. 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 Request for Carriage 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 MEMORANDUM OPINION AND ORDER carried by TCI. KZJL offered to test its signal at all of TCI's headends, and where necessary to install antennas cut Adopted: March 12, 1996; Released: March 22, 1996 for KZJL's Channel 61, along with other equipment de- signed for improving signal quality. KZJL argues that in By the Deputy Chief, Cable Services Bureau: response to the station's offer, TCI promised KZJL that by November 1, 1995, it would notify the subscribers of its 1. Urban Broadcasting Systems, Inc. ("KZJL"), licensee systems that it would commence carriage of the station on of television station KZJL(TV), Channel 61, Houston. Tex- December 1, 1995. KZJL contends that TCI has failed to as has filed the above-captioned complaint (CSR-4651-M) commence carriage, and that the station has been unable to requesting mandatory carriage of its signal on cable systems confirm whether TCI notified subscribers of its impending operated by Telecommunications, Inc. ("TCI") serving carriage of the station. Houston, Texas and the Texas communities served by the 4. We will grant KZJL's carriage complaint against TCI. following TCI headends: Baytown, Clute, Columbus, Eagle In the instant case, TCI does not dispute that the station's Lake, Galveston, Harris County 1, Harris County 2, Harris signal strength is adequate. In its letter to KZJL, TCI County 3, Houston, La Marque/Alvin, League City, Liberty, merely maintains that the station provides poor picture Pearland, Tomball, and Woodlands. The complaint is quality. Apart from this conclusory statement, TCI has unopposed. made rio showing to persuade us that KZJL is not entitled 2. In its must-carry complaint, KZJL, an affiliate of the to carriage under our rules. Shop at Home network, maintains that on April 8. 1995, it 5. Accordingly, IT IS ORDERED, pursuant to § 614(a) notified TCI that it expected to commence broadcast oper- of the Communications Act of 1934, as amended, [47 ations on June 3, 1995, and that it elected carriage on the U.S.C. § 534(a)], that the above-captioned petition (CSR- TCI systems pursuant to §76.64(0(4) of the Commission's 4651-M), filed November 3, 1995. by Urban Broadcasting rules. KZJL argues that it meets the Commission's criteria Systems, Inc. against Telecommunications, Inc. IS GRANT- for carriage under the must-carry rules, and thus, it is ED. entitled to carriage on TCI's system.' KZJL maintains that 6. IT IS FURTHER ORDERED, that TCI shall com- TCI was obligated by Commission rules to commence car- mence carriage of KZJL(TV) on its cable systems serving riage of the statioh within 90 days of the April 8 letter, i.e., Houston, Texas and the Texas communities served by the by July 7, 1995. KZJL contends that because TCI failed to above-outlined TCI headends within sixty (60) days from commence carriage by that date, KZJL sent a letter to the the release date of this Order. operator on August 8, 1995, notifying TCI of its failure to meet its must-carry obligations. KZJL maintains that TCI 7. This action is taken pursuant to authority delegated did not make a "substantive" response to its August 8 letter under §0.321 of the Commission's Rules. 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 12 activated channels, and has not fulfilled the requirement to Commission's requirements for being considered a local com- provide one-third of its channel space to local commercial mercial station on TCI's system: the station is a full power stations. commercial station in the same ADI as the systems; the station 2 KZJL states that TCI's Houston manager responded to delivers the minimum signal strength required under 47 C.F. R. KZJL's letter only by requesting copies of any letters KZJL had §76.55(c)(3) to the TCI headends; and the station and TCI are in previously sent to the operator. the same ADI, so carriage of the station would not trigger KZJL has already installed high gain antennas cut for Chan- distant copyright liability. KZJL also argues that each of TCI's nel 61 in at least two TCI headends. systems at issue has more than 300 subscribers, and more than

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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

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