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Federal Communications Commission Record 10 FCC Red No DA 95-88 Federal Communications Commission Record 10 FCC Red No. 5 Act of 1934, as amended, and Guam Cable IS ORDERED Before the to provide carriage of Station KTGM, Tamuning, Guam on Federal Communications Commission channel 14 of its cable system forty-five (45) days from the Washington, D.C. 20554 release date of this Order. This action is taken by the Chief, Cable Services Bureau, pursuant to 47 CFR § 0.321. In re: FEDERAL COMMUNICATIONS COMMISSION Complaint of CSR-4134-M Island Broadcasting, Inc. against Guam Cable TV William H. Johnson Request for Carriage Deputy Chief, Cable Services Bureau MEMORANDUM OPINION AND ORDER Adopted: January 20,1995; Released: January 20,1995 By the Chief, Cable Services Bureau: 1. On October 12, 1993, Island Broadcasting, Inc., li censee of station KTGM, Tamuning, Guam ("Island"), filed a must-carry complaint with the Commission against Guam Cable TV ("Guam Cable") pursuant to § 614 of the Cable Television Consumer Protection and Competition Act of 1992 ("Cable Act of 1992"), 47 CFR § 76.56, and 47 CFR § 76.7. In its complaint, Island states that Guam Cable operates a cable television system on the island of Guam, a U.S. territory. Island also states that KTGM is located in the same ADI as Guam Cable. Island states that it is entitled to must-carry status on Guam Cable pursuant to § 614 of the Cable Act of 1992 and 47 CFR § 76.56. Island requests that the Commission order Guam Cable to carry its signal on channel 14 of its system, and that Guam Cable provide dual carriage of KTGM on channels 9 and 14 until such time as Guam Cable removes all traps inhib iting reception of channel 14. No opposition to this com plaint has been filed. 2. The Commission has clearly delineated the responsibilities of cable operators providing carriage of must-carry signals. 1 In the Order, the Commission deter mined that "... all local commercial television stations car ried in fulfillment of the must-carry requirements must be provided to every subscriber and must be viewable on all television sets that are connected to the cable system by a cable operator or for which the cable operator provides a connection" (emphasis added).2 3. Island©s complaint establishes that it is entitled to carriage on channel 14 of Guam Cable©s system. We do not believe it is necessary to mandate dual carriage of KTGM on channels 9 and 14. However, the Commission takes this opportunity to remind Guam Cable of its responsibility under our must-carry rules to provide every subscriber with a viewable signal. Should this require dual carriage of KTGM on channels 9 and 14, we would expect Guam Cable to do so until such time as it removes all traps inhibiting reception of channel 14. The complaint filed October 12, 1993 by Island IS GRANTED in accordance with § 614(d)(3)(47 U.S.C. §534) of the Communications 1 Report and Order in MM Docket No. 92-259, 8 FCC Red 2965, 2974 (1993) ("Order"). 2 Id. 2118.
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