ORIGINAL Before the Fnunnal Corrvrunications Covrnrrssron Washington, D.C

ORIGINAL Before the Fnunnal CorrvruNICATIoNS CovrnrrssroN Washington, D.C. 20554

In re ) ) Mauna Kea Broadcasting Company ) csR-86s8-M ) Docket No. 12-167 Must-Carry Complaint Regarding ) Television Station KLEI-TV, ) AocoPtei / i:lled Kailua-Kona, Hawau ) Frl\fLi *f n ^naQ*;,v To: Office of the Secretary .,^,,T1 ri ;ij C f,nrV RRinlhlAt!-'i!rur!:r\t i .' Chief, Media l- "' ' i i'' ' '' I I frderal(" ';:r'l'lrrnlsslm Attn: Bureau ' \1..,-- u' :iru +u'fUi-' I

RnNnwnl oF Musr Cnnny Col.rplarNl

Mauna Kea Broadcasting Company, Inc. ("Mauna Kea"), pursuant to Section 614 of the

Communications Act of 1934, as amended, and Sectionsl6.T and76.6l of the Commission's Rules, hereby renews its Complaint requesting that the Commission order Oceanic Time Warner Cable

LLC and/or its subsidiaries and affiliates ("Spectrum") to commence carrrage - immediately - of commercial television station KLEI-TV, licensed to serve Kailua-Kona, Hawaii (the "Station") on each and every one of the cable systems ("Systems") which: (a) are operated by Spectrum and

(b) serve communities located with the Honolulu, Hawaii Designated Market Area (the "DMA"), including without limitation systems serving Oahu, Maui, Molokai, Lanai, Hilo and Kauai. Such rnandalory carriagc is in accordancc with the Commission's must carry rules and policies and with the Commission's Memorandum Opinion and Order, Mauna Kea Broadcasting Company,2T FCC

Rcd 13188 (Policy Div.2012) ("Caruiage Order").

The Station's right to carriage throughout the State of Hawaii has been unequivocally established in the Carriage Orcler. The only factor relieving Speclrum of its carriage obligations vis-d-vis the Station was the fact that, in2012, the Station did not deliver a good quality signal to

Spectrum's Honolulu headend, from which, Mauna Kea understands, Spectrum feeds all of its

No" of Cop;os rec'd Llst Ats*hf, 2 systems throughout Hawaii. That problem has since been eliminated, as Mauna Kea expressly notifiecl Spectrum by letter dated Scpternber 28,2017. See Attachment A. The Station's signal is now carried on a multicast subchannel of Station KKAI, Kailua, Hawaii, which delivers a good quality over-the-air signal to Spectrum's Honolulu headend. Since the Carriage Order mandated that Spectrum commence carriage of the Station within 60 days of delivery of a good quality KLEI-

TV signal to Spectrum's headend, the Station was entitled to carriage no later than November 27,

2017 ,1. e., within 60 days of Mauna Kea's notice to Spectrum.l Spectrum failed to initiate carriage by that date, and has failed to do so continuously since then.

In its September 28, 2017 notrftcation letter to Spectrum, Mauna Kea also advised Spectrum that Mauna Kea was electing mandatory carciage of KLEI-TV for the next three-year carriage cycle commencing as of January 1,2018. Spectrum has failed to honor that election, in plain violation of both the Commission's must carry rules and the Carriage Order.

Mauna Kea is, simultaneously herewith, sending Spectrum a letter demanding carriage pursuant to Section 16.61(a)(l) of the Commission's rules. Mauna Kea understands that, ordinarily,

Spectrum r.vould have 30 days (pursuant to Section 76.61(a)(2)) within which to respond. In the circumstances presented here, though, Mauna Kea submits that immediate intervention by the

Commission is warranted. Spectrum has, after all, been subject to a specific order to carry KLEI-TV for more than five years already. Mauna Kea has satisfied the one condition to carriage set out in the

2012 Carriage Order.

Spectrum should not be permitted to shirk its well-established carriage obligations by forcing Mauna Kea into a re-run of procedural delays which Mauna Kea already suffered through

I Carriage of KLEI-TV will not cause the Systems to exceed the maximum number of signals a cable system is required to carry under the FCC's must camy rules. KLEI-TV does not and will not share a broadcast nctwork affiliation with, or substantially duplicate the programming of, any other local commercial broadcast television station in the DMA. 3 more than five years ago. Further delay will merely reward Spectrum for its continuing unlawful failure to meet the rudimentary requirements of the Communications Act and the Commission's

Rules. Rather, the Commission should act now to enforce the longstanding Carriage Order by requiring Spectrum to immediately commence carriage of KLEI-TV on all of Spectrum's systems throughout Hawaii in the same manner in which those systems carry other local over-the-air broadcast signals.

Equal treatment for all similarly-situated over-the-air stations is important because of the disparate treatment that Spectrum has historically accorded the Station. While Spectrum has carried

KLEI-TV on its Kailua-Kona system, it has (as the Commission is aware) refused carriage on its other Hawaii systems because the Station supposedly did not provide Spectrum a good quality signal. But Mauna Kea offered to make affangements through Hawaii Telecomm to deliver the station's signal to the Speotrum headend by fiber - as other stations reportedly do - and Spectrum declined, insisting instead that any such fiber connection would have to be arranged through

Spectrum's own facilities, subject to ridiculously onerous terms that made it practically unfeasible.

If Spectrum does not impose similarly onerous terms on other must-carry stations and other program suppliers, it should be barred from doing so with the Station.

Additionally, the means by which Spectrum has historically delivered must-carry signals to its subscribers have, in Mauna Kea's experience, been curiously disparate, and recent announcements by Spectrum suggest that that may continue. In the past, Spectrum has enabled viewing of some, but not all, looal television signals without the need for a set-top box; subscribers not necding a set-top box could access those channels simply by plugging the cable line directly into their television receivers. KLEI-TV has not been among the stations accessible without a set-up box. 4

In2017, Spectrum announced that it was planning to convert its service to "a 100% digital format". See Attachment B. Subscribers were advised that, because of that conversion, they would be required to acquire and install a "spectrum Receiver (or set-top-box) on each TV" in their homes by November 15, 2077 , or they "will lose the ability to view a number of channels" . Id. The channels that would no longer be available included the multiple local television stations that have, according to Spectrum's notice, historically been available to subscribers who simply plug the cable line into the back of their receivers. According to one Spectrum subscriber on Oahu, however, as of

January 30, 2018, Spectrum programming is still fully accessible by running the cable line directly into thc tclevision.2 Sec Attachment A.

Since the cost of each Spectrum Receiver is expected to be approximately $10 per unit, and a separate Receiver is required for each separate television set, the additional cost to subscribers is likely to be considerable.3 Obviously, if any local television stations may, notwithstanding

Spectrum's prclmotional materials, be accessed by plugging the cable line directly into the television without any intervening Spectrum Receivers (or other equivalent devices), such access would be competitively advantageous to those stations (since such access would come without the added monthly cost of one - or, more likely, multiple - Spectrum Receivers). Reliance on disparate means of delivering local must-carry stations to cable subscribers is contrary to the overriding goal of the statutory must-carry system, i.e.,lo provide all local television stations a level playing field through which to reach potential viewers. Accordingly, Mauna Kea strongly urges the Commission to take appropriate steps not only to require immediqte carriage of KLEI-TV on all Spectrum systems throughout the State of Hawaii (as contemplated in the 2012 Carriage Order), but also to require

2 A later notice from Spectrum set the date by which Spectrum Receivers would need to be installed as February 13,2018. See Attachment C.

3 A special, temporary offer from Spectrum will, for a limited time, make a single Spectrum Receiver available for free for one year. 5 that KLEI-TV's signal be delivered to Spectrum subscribers in the same manner as all other must- carry stations.

CoNct usroN

Mauna Kea is clearly entitled to mandatory carriage of the signal of KLEI-TV on cable systems operated by Spectrum in the Honolulu DMA. Mauna Kea has properly elected mandatory carriage - twice -- and has notilied Spectrum that the one condition to carriage specified in the

Carriage Order has been met. Spectrum has not provided any response to Mauna Kea since its receipt of Mauna Kea's notification on September 30, 2017 , forcing Mauna Kea to renew its 2012

Complaint (and initiate a separate complaint process for 2018). For the reasons set forth herein,

Mauna Kea hercby rcspectfully rcquests that the Commission order Spectrum to immediately commence carriage of the Station in accordance with the must carry rules and policies and the

Carriage Order and consistently with its carriage of other over-the-air broadcast stations in the

Hawaii DMA.

Respectfully submitted,

MAUNA KI]A BROADCASTING COMPANY

Hary F. Cole Daniel A. Kirkpatrick Its Counsel

FLETCHER, HEALD & HILDRETH, PLC 1300 North 17th Street, Suite 1100 Arlington, YA22209 (703) 812-0400

February 2,2018 Attachment A Before the Fnnnnal CotvrtvruNICATroNS CoMMISSIoN Washington, DC 20554

In re: ) ) Mauna Kea Broaclcasting Company ) csR-{t6s8-M ) Docket No. 12-167 Must-Carry Complaint Regarding ) Television Station KLEI(DT), ) Kailua Kona, Hawaii )

To: Office of the Secretary Attn: Chief, Media Bureau

I)B,CLAI{ATION Ot' DR. CTIIIISTOI'IIEII RACINE

1. My name is Dr. Christopher Racine. I am President of Mauna Kea Broadcasting

Company, Inc. and involved in the day-to-day operations of KLEI-TV.

2. I have reviewed the foregoing Renewal of Must-Carry Complaint and I declare, under penalty of perjury, that all factual matters set forth therein are true to the best of my knowledge and belief. To the best of my knowledge, information, and belief formed after reasonable inquiry, the foregoing Renewal of Must-Carry Complaint is well grounded in fact; warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and is not interposed for any improper purpose.

3. On Septembcr 28, 2077,I sent the attached letter to Oceanic Time Warner Cable

LLC dlbla "Spectrum" ("Spectrum"), advising it that KLEI-TV delivers a good quality over-the- air signal to Spectrum's Honolulu headend through carriage on a multicast channel of

Station KKAI. In that letter I also advised Spectrum that Mauna Kea was electing mandatory carriagc of the signal of I{,EI-TV on all cable systems operated by Spectrum in the Honolulu

DMA during the election cycle expiring December 31, 2020. 4. I have not received any response from Spectrum to the letter advising that KLEI-

TV provides a good quality over-the-air signal to Spectrum's headend and electing carriage for the next triennial must-carry election period.

5. I am a subscriber to the Spectrum cable system in Honolulu, on Oahu. As of

January 30,I am able to access Spectrum's programming simply by plugging the cable line into the back of my television receivers, without the need for any intervening set-top box or similar device.

Dr. Christopher Racine President Mauna Kea Broadcasting Company, Inc.

Date:

(011509s6-1 ) MAUNA KEA BROADCASTING COMPANY, INC. POST OFFICE BOX 8969, HONOLULU, HI96830 (808)591-r683 [email protected] September 28,2017

Via Certified Mail, Beturn Receipt Requested No. 7016 3560 0000 245,1 9463

Charter Communications, lnc. 200 Akamainui Street Mililani, Hl96789 Attention: Greg Fujimoto, Sr. Vice-President

Re: KLEI-TV. Kailua,Kona, Hawaii: Mandatorv Qarriaoe Election

Dear Sir or Madam:

Pursuant to Section 614 of the Communications Act of 1934, as amended, and Section 76,64 of the rules of the Federal Communications Commission ("FCC"), this will inform you that Mauna Kea Broadcasting Company, lnc,, the licensee of Television Station KLEI-TV, Kailua-Kona, Hawaii (the "Station') hereby elects mandatory caniage of the Station's television signal pursuant to Section 76.56(b) on all cable systems operated by Charter Communications, lnc. or its subsidiaries and affiliates serving the Honolulu Designated Market Area ("DMA") for the election period starting January 1, 2018 and ending December 31, 2020, The Station is licensed to Kailua-Kona, Hawaii, and is assigned to the Honolulu DMA. The Station therefore is entitled to elect mandatory carriage on all of your system(s) under the rules of the FCC and to have its programming delivered to all subscribers to your systems in the DMA.

Pursuant to Section 76.57(a) of FCC's rules, KLEI-TV elects to be canied on the Station's Virtual Channel; channel 6. The Station's programming is available over-the-air at your Kailua-Kona headend on RF and PSIP channel 25.1 The Station's programming is available over-the-air at your Honolulu headend on RF and PSIP channel 15.2

The Station's contact person and address for purposes of receiving official correspondence is as follows:

Mauna Kea Broadcasting Company, lnc. Post Office Box 8969 Honolulu, Hl96830 Attention: Dr. Christopher J, Racine, President

Please contact the undersigned if you should have any questions concerning this matter.

Sincerely,

Dr, Chris President :IJSPS.com@ - USPS Traoking@ Results Page I of4

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OCEANIC TIM€ WARNER CABLE IS NOW ACTION REQUIRED Speclrurn> Avoid disruption to your TV service See important information below.

Dear Spectrum Customer,

Spectrum, formerly known as Oceanic Time Warner Cable, is committed to providing you with the very best products, at the very best value.

To deliver even more value to you, in 2018 we will be converting your W service to a tO}% digital format. ln order to prepare for this upgrade, you wil! be required to have digital equipment, like a Spectrum Receiver (or set-top-box), on each W in your home by November l,5,2ot,7 or you will lose the abitity to view a number of channels.

lf you do not currently have a set-top-box or other digital equipment, you will be supplied with one spectrum Receiver at no cost to you.* call us at 643-9933. IMPORTANT EHANNEL we'll ship digital equipment directly to your home at no additional cost. or you INFORMATION can pick one up from a nearby spectrum store (see below for the store locations Beginning on or after November 15,2Ot7, near you). if you currently connect your cable line directly into the back of your TV, you will The conversion to a 100% digital format will bring you many exciting lose the ability to view the channels listed enhancements to your TV service. lt will allow us to deliver you an increase in below. HD channels as well as improve all w channels with even better picture and ln sound quality. ln addition, we will be able to offer you a more expansive lineup order to continue to be able to view these channels, you of channels, and provide exciting new products and services for you to can call us at 543-9933. We'll ship digital equipment enjoy-including access to thousands of FREE On Demand choices. directly to your home at no additional cost. Or you can pick one up from a nearby What will happen to current TV channels? Spectrum Store. The Standard Cable channels in your area will only be available in a digitalformat as of November t5,2o]-7. without digital equipment on each w in your home on . KGMB - CBS . MSNBC that date, you will no longer be able to view channels you were able to previously. . KHNL- NBC . Spike iee the box to the right lor important information on the specific channels thot o KIKU - IND . Bravo will be impocted. . KHET- PBS .FX . KWHE - LeSea . AMC What should you do? r $p-gclrup Aq$ . TUT - ln order to avoid any disruptions in your service and to properly prepare for all of . HLN . TCM the benefits of Looo/o digital service, you'll need to contact us to order a spectrum . CNN . Travel Channel Receiver for each W in your home. o Fox News Channel . HGTV . Spectrum Sports o Food Network oMW .E! NorE: lf you have an existing oceanic Time warner cable set-top-box, spectrum o VH1 r Comedy Central Receiver, digitaltransport adapter (DTA) or retail device with a cablecARD on o NBCSN . Hallmark Channel each W you are watching, you should be unaffected by this change. . Fox Sports West . LMN . ESPN2 . Discovery Life Otherwise, to order your Spectrum Receiver(s), ptease call 643-9933 and a . ESPN Channel Spectrum Customer Service Representative will arrange to ship a self-installation o USA Network . OWN . The o kit directly to your home at no additional cost. Professional installation is also Golf Channel Lifetime o Prime Ticket . available for a fee-ask the representative for details. Discovery Channel . Nickelodeon . Animal Planet . Disney Channel . TLC Thank you for being a Spectrum customer. r Freeform r History . Cartoon Network . National Geographic Sincerely, o W Land . A&E . ttuU SyFy To view detailed channel lineups, please R, Adam Ray visit Spectrum.com/channels Attachment C 3-1 SpecJrumw Your TV service is going lOOo/o digital! See important information below.

Dear Customer, Thank you for being a Spectrum customer. We are proud to be America's fastest-growing TV, Internet and Voice provider. Our employees are committed to delivering best-in-class products and customer service, all at a great price. To deliver even more value to you, we are converting your W service to a 100% digital format, You will be required to have a digital receiver on each TV in your home by February 13, 2018. To help with this transition, we will supply you with one Spectrum Receiver at no cost to you for up to the term of the current agreement between Spectrum and your apaftment complex and one additional Spectrum Receiver at no cost for 12 months*. If you have recently upgraded your equipment no action is required.

What is happening to your service? IMPORTANT NOTICE Spectrum is upgrading its entire channel lineup to a digital-only How to request a self-installation kit: signal. This change will allow us to deliver you a substantial increase in HD channels as wellas improve allW channels with 1. Visit Spectrum.com/digitalnow even better picture and sound quality. In addition, we will be able today to easily order - it should only to offer you a more expansive lineup of channels, increase your take a few minutes (see back for more Internet speed, and provide exciting new products and services for details) you to enjoy-including access to thousands of FREE On Demand 2. Call 808-643-2727 to speak with a choices. Spectrum Representative Who wil! be affected? 3. Go to your nearest Spectrum Store: Any customer who subscribes to TV service and connects their cable line directly into the back of their TV will lose picture on all Ward 2nd floor channels.xx 940 Auahi Street Honolulu, HI 96814 What will happen to your current TV channels? Monday - Saturday 8:30 AM - 6 PM Some channels will be added, other current channels will be Expanded Store Hours: moving to new locations and some channels will be removed, Feb 6th- Feb 20th, Feb z7th-Mar 20th, Apr 3rd-Apr17, May lst-May 15th consistent with your level of service. Monday - Friday 8 AM-7 PM, Saturday 8 AM-5 PM For your convenience, please find your new channel lineup on the following pages. It outlines the changes and will serve as a handy Mililani 200 Akamainui Street reference guide so you can easily find all of your new channels. Mililani, HI 96789 packages great Monday - Friday 7:30 AM - 6 PM If you would like to add channels, we offer great at Saturday 8 AM - 4:30 PM prices. We will work with you to find the W package that best fits your Expanded Store Hours: needs. Jan 30th-Feb 13th, Feb 20th-Mar 6th, Mar l3th-Apr 10th, Apr 17th-May 8th What should you do? Monday - Friday 7:30 AM-7 PM, Saturdav 8 AM-6 PM !-- L--- l!-!!-t T6.,^,, t^^.,^ ^^ ^..:-!:-^ -^! @wn{cods 'Mwwwwww- SpecJrump 'WWww wMwwwwwffi Errective February 13, zor' All the below channels are accessible with Spectrum Receivers. All NEW HD channels are indicated where applicable. Only channels 2-99 are accessible using digital transport adapter (DTA) equipment. Order your Spectrum Receivers to receive the entire channel lineup on all your TVs.

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I hereby certify that on this 2nd day of February,2018, I caused copies of the foregoing "Renewal of Must Carry Complaint" to be placed in the U.S. mail, postage prepaid, addressed to the following:

Oceanic'fime Warner Cable LLC dlbla Spectrum 200 Akamainui Street Mililani, HI96189

Oceanic Time Warner Cable LLC dlbla Spectrum 12405 Powerscourt Drive St. Louis, MO 63131