Federal Communications Commission DA 15-1171 Before the Federal
Federal Communications Commission DA 15-1171 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) CoxCom, LLC ) MB Docket No. 15-120, CSR 8909-A ) For Modification of the Market of WMDE, Dover, ) Delaware ) ) ) MEMORANDUM OPINION AND ORDER Adopted: October 13, 2015 Released: October 14, 2015 By the Senior Deputy Chief, Policy Division, Media Bureau: I. INTRODUCTION 1. CoxCom, LLC, (the “Petitioner” or “Cox”), filed the above-captioned Petition seeking to modify the television market of WMDE (Channel 5) (Facility ID No. 189357), Dover, Delaware (“WMDE” or the “Station”) and exclude the cable communities that Cox serves in Fairfax County, Virginia (the “Communities”).1 The Petitioner states that Nielsen recently assigned the Station, but not its city of license, to the Washington, DC (Hagerstown, MD) Designated Market Area (“DMA”) at the Station’s request.2 The Petition is opposed by Western Pacific Broadcast, LLC (“Western Pacific”), the licensee of WMDE. Cox filed a Reply. Western Pacific later filed a Submission for the Record. Cox filed a Motion for Leave to File Reply to Unauthorized Pleading and a Reply to Unauthorized Pleading.3 For the reasons stated below, we grant Cox’s Petition. II. BACKGROUND 2. Pursuant to Section 614 of the Communications Act and implementing rules adopted by the Commission in Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues (“Must Carry Order”), commercial television broadcast stations 1 The Communities are Fairfax County (VA0301), Vienna (VA0318), Fairfax City (VA0326), Falls Church (VA0327), Herndon (VA0346), and Clifton (VA0630). Petition, Exhibit 1.
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