DA-94-504 Federal Communications Commission Record 9 FCC Red NO. 12

Before the Federal Communications Commission Washington, D.C. 20554

In re:

Complaint of Independence CSR-4058-M Public Media of Philadelphia Inc. against Tele-Media Corp.

Request for Carriage

MEMORANDUM OPINION AND ORDER

Adopted: May 5, 1994; Released: June 7, 1994

By the Chief, Cable Services Bureau

1. On June 29. 1993.© a petition on behalf of Indepen dence Public Media of Philadelphia, Inc.. licensee of Television Broadcast Station WYBE (Educ.. Ch. 35). Phila delphia, Pennsylvania, was filed with the Commission claiming that Tele-Media Corporation ("Tele-Media") had declined to carry the station even though Philadelphia is within fifty miles of the system©s headend at Chesapeake City. Maryland, and it is therefore a "local" signal within the meaning of §5 of the Cable Television Consumer Pro tection and Competition Act of 1992. Pub. L. No. 102-385. 106 Stat. 1460 (1992) [1992 Cable Act). No opposition to this petition has been filed. 2. Station WYBE©s petition establishes that it is entitled to carriage on the Chesapeake cable system, and it has requested carriage of its over-the-air broadcast channel, as it is permitted to do under §5 of the 1992 Cable Act. Since no other pleadings have been filed in this matter, the complaint filed June 29. 1993. by Independence Public Media of Philadelphia. Inc. IS GRANTED, in accordance with §615Q) (3) (47 U.S.C. 535) of the Communications Act of 1934, as amended, and Tele-Media Corporation IS ORDERED to commence carriage of Station WYBE forty- five days (45) from the release 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

1 Although WYBE©s petition was originally filed on June 29. 1993. it was not perfected and accepted for filing until Septem ber 9. 1993.

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