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In the Matter Of: Federal Communications Commission

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In the Matter Of: Federal Communications Commission Federal Communications Commission DA 99-946 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Complaint of L.O. Telecast, L.L.C. ) CSR 5374-M v. Galaxy Cablevision ) ) for Carriage of WFXU(TV), Greenville, Florida ) MEMORANDUM OPINION AND ORDER Adopted: May 17, 1999 Released: May 20, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. L.O. Telecast, L.L.C., ("Telecast"), licensee of WFXU(TV), Channel 57, Greenville, Florida, filed the captioned complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules requesting an order requiring carriage of the signal of WFXU(TV) in the communities served by Galaxy Cablevision's ("Galaxy"), Greenville, Florida cable system headend. 1 No opposition to the complaint was received by the Commission. II. BACKGROUND 2. - Pursuant fo 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, Report and Order ("Must Carry Order'~, commercial television broadcast stations are entitled to assert mandatory carriage rights on cable systems located within the station's market.2 A station's market for this purpose is its "area of dominant influence," or ADI, as defined by the Arbitron audience research 147 C.F.R. §§ 76.7 and 76.61 28 FCC Red 2965, 2976-2977 (1993). 7712 Federal Communications Commission DA 99-946 organization.3 An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing. III. ALLEGATIONS AND DISCUSSION · 3. In the complaint Telecast states that WFXU(TV) is licensed to Live Oak, Florida, which is in the Tallahassee-Thomasville, Florida ADI. The communities served by Galaxy frorp its Greenville, Florida headend are also in the Tallahassee-Thomasville ADI.4 Telecast states that WFXU(TV) broadcasts over-the-air on channel 57 and provides the residents of the Tallahassee-Thomasville ADI with high quality programming including programming ofthe Fox Children's Network. Telecast also states that when WFXU(TV) commenced broadcasting in July, 1998, Galaxy was notified of the station's election of must carry status and of the election for carriage on channel 57. Telecast states that on November I 0, 1998, Galaxy was notified in writing of its obligation to carry WFXU(TV) on channel 57 and to respond in writing within thirty days, and that the refusal to carry WFXU(TV) was unacceptable and a violation of the Commission's must carry rules. Telecast further states that Galaxy neither responded to the demand for carriage nor commenced carriage of WFXU(TV). Telecast filed the complaint on February 8, 1999, and asserts that WFXU(TV) qualifies as a local television station under Section 76.55(c) of the Commission's rules and therefore is entitled to carriage on Galaxy's Greenville, Florida cable system on channel 57.5 4. Based on Telecast's unopposed representations as set forth above, we find WFXU(TV) to be qualified as a local television station under Section 76.55(c) of the Commission's rules and thus entitled to carriage on Galaxy's Greenville, Florida cable system on channel 57, and grant the complaint. 3Section 614(h)(l )(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. See 4 7 U .S.C. §534(h)(l )(C). Section 76.55(e) of the Commission's rules provides that the ADis to be used to implement the mandatory carriage rules are those published in Arbitron's 1991-1992 Television Market Guide. The Commission recently concluded that it was appropriate to switch market definitions from ADls to Nielsen Media Research's designated market areas ("DMAs") for must-carry/retransmission consent elections. However, the Commission continued use Arbitron's 1991- 1992 Television ADI Market Guide market designations for the 1996 election period and postponed the switch to Nielsen's DMAs until the must-carry/retransmission consent election that is to take place on October 1, 1999. The Commission also proposed further rulemaking, solicited additional information, and provided parties opportunity to further consider issues relating to the transition to market designations based on Nielsen's DMAs. See Definition ofMarkets for Purposes ofthe Cable Television Mandatory Television Broadcast Signal Carriage Rules, Report and Order and Further Notice of Proposed Rule Making, 11 FCC Red 6201 ( 1996) (''Market Modification Report and Order'~. 4See Arbitron's 1991-1992 Television Market Guide at p. 1302. 547 C.F.R. § 76.55(c). See Telecast Petition at 2-3. 7713 . Federal Communications Commission DA 99-946 IV. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. § 534, that the complaint filed by L.0. Telecast, L.L.C. in File No. CSR 5374-M IS GRANTED and Galaxy Cablevision shall commence carriage oftelevision station WFXU(TV) on its cable systems at Greenville, Florida within sixty (60) days from the release date of this Order. 6. This action is taken pursuant to authority delegated under Section 0.321 of the Commission's rules.6 FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 647 C.F.R. § 0.321. 7714 .
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