DA 94-455 Federal Communications Commission Record 9FCCRcd No. 11

measurement information. In that letter, WPTO also Before the reasserted its own carriage rights on cable channel 14. Federal Communications Commission Subsequently, on June 10, 1993, petitioners state that Car Washington, D.C. 20554 dinal submitted signal strength test information which in dicated a measurement of -45 dBm2 for both WPTD and WPTO and requested costs for equipment in advance of the In re: stations© carriage. Both stations point out, however, that on the test sheet provided by Cardinal the system indicates a Complaint of Greater Dayton CSR-4041-M yes in response to a question as to whether the signals meet the signal quality standards. On June 28, 1993, WPTD and Public Television against CSR-4042-M WPTO again requested carriage and asserted that since both Sammons Communications IN0131 stations provide a good quality signal they are not responsi ble for the costs of any additional equipment. On July 6, Requests for Carriage 1993, just prior to the system©s sale to Sammons, Cardinal indicated to WPTD and WPTO that a further review of the signal quality and equipment cost estimates was necessary. MEMORANDUM OPINION AND ORDER Nevertheless, petitioners aver that once Sammons was ad vised of the situation after the sale, it refused to carry the Adopted: May 4, 1994; Released: May 18, 1994 stations until such time as the system is reimbursed for the costs of additional equipment. To date, petitioners argue, By the Chief, Cable Services Bureau: neither station has been added to the Brookville system. 3. In its response, Sammons states that it has had on 1. On August 30, 1993, petitions on behalf of Greater going discussions regarding the carriage of WPTD and Dayton Public Television, licensee of Television Broadcast WPTO, but the stations have never been carried on the Stations WPTD (Educ.. Ch. 16), Dayton, Ohio, and WPTO Brookville system in the past and no equipment is located (Educ., Ch. 14), Oxford, Ohio, were filed with the Com on the tower which would enable it to receive the signals. mission claiming that Sammons Communications Sammons maintains that the Clarification Order in MM ("Sammons"), operator of a cable television system serving Docket No. 92-259, 8 FCC Red 4142 (1993), requires the Brookville, Indiana,1 had declined to carry the stations, broadcaster, and not the system, to bear the cost of any even though the cities of license of WPTD and WPTO are specialized antennas or equipment necessary for the recep within fifty miles of the system©s principal headend located tion of a signal. It argues that in this instance it is only in Brookville at N. Latitude 39 25©23" and W. Longitude asking WPTD and WPTO to pay for the cost of the an 85 0r53", and the stations are therefore "local" signals tenna while Sammons states that it will buy other necessary within the meaning of Section 5 of the Cable Television equipment. Consumer Protection and Competition Act of 1992, Pub. 4. WPTD and WPTO state in reply that the Clarification, L. No. 102-385, 106 Stat. 1460 (1992). WPTD and WPTO supra, requires a broadcaster to reimburse a system for also request that the Commission not only order Sammons equipment only in instances where such equipment is nec to carry the signals, but also order the system to carry them essary to receive a good quality signal. In this case, peti on Channels 16 and 14. respectively, the channels on tioners aver, test results have shown that both WPTD and which they broadcast over-the-air. An opposition to these WPTO provide a good quality signal to the Brookville petitions has been filed on behalf of Sammons to which headend. Therefore, they insist, they are not required to petitioner has responded. pay for the cost of an antenna. 2. In support of its petitions, WPTD and WPTO state 5. We are not persuaded by Sammons© request that that on May 3 and 24, 1993, respectively, each was in WPTD and WPTO be required to reimburse the system for formed by the system©s previous owner. Cardinal Commu the cost of an antenna to receive the signals. The Report nications. Inc. ("Cardinal"), of its station©s signal strength and Order in MM Docket No. 92-259, at paragraph 104 deficiency at the Brookville headend, however, no specific states that ". . .we generally agree . . . that it is the data were attached. At the same time, WPTD indicates that television station©s obligation to bear the costs associated it was also informed of Cardinal©s concerns over the pos with delivering a good quality signal to the system©s princi sibility of increased copyright costs should WPTD be car pal headend (emphasis supplied.)" Further, at paragraph ried. By letter dated May 28, 1993, WPTD formally 11 of the Clarification, supra, we state that "cable operators requested carriage on the Brookville system and agreed to may not shift the costs of routine reception of broadcast indemnify Cardinal for any increased copyright costs once signals to those stations seeking must-carry status." In the specific estimates were supplied and reasserted it rights to instant case, Sammons does not dispute that WPTD and carriage on cable channel 16. To date, WPTD maintains WPTO provide good quality signals to its headend. There that no copyright estimates have been received. On the fore, WPTD and WPTO are not obligated to provide the same date, WPTO rejected Cardinal©s notice regarding its cost of any equipment Sammons feels necessary to receive signal strength as untimely and failing to provide specific their signals.

1 The Brookville system was operated by Cardinal Commu of a station©s signal, consistent with Congress© guidance with nications, Inc. up until July 22, 1993, when it was purchased by respect to VHP and UHF commercial station availability, we see Sammons. no reason not to utilize the same standards as prima facie tests 2 A standard of -45 dBm was established for determining the to initially determine whether a NCE station provides a cable availability of UHF commercial stations at a cable system©s system with a good quality signal. headend. Since these standards address the issue of availability

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6. WPTD and WPTO©s petitions establish that they are entitled to carriage on the Brookville cable system, and they have requested carriage on their over-the-air broadcast channels, as they are permitted to do under Section 5 of the 1992 Cable Act. Accordingly, the petitions filed August 30, 1993, by Greater Dayton Public Television ARE GRANTED, pursuant to Section 615(j)(3) (47 U.S.C. 535) of the Communications Act of 1934, as amended, and Sammons Communications IS ORDERED to commence carriage of WPTD and WPTO on cable channels 16 and 14, respectively, forty-five (45) days from the release date of this Order. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by §0.321 of the Commission©s Rules.

FEDERAL COMMUNICATIONS COMMISSION

William H. Johnson, Deputy Chief Cable Services Bureau

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