Before the

Federal Communications Commission

Washington, D.C. 20554

+----------------------------------+---+------------------------------+
| In the Matter of:                | * | CSR-6117-A                   |
|                                  | * |                              |
| Frontier, A Citizens             | ) | CSR-6069-M                   |
| Communications Company           | * |                              |
|                                  | * |                              |
| For Modification of the Los      |   |                              |
| Angeles,                         | * |                              |
|                                  | * |                              |
| California DMA                   | ) |                              |
|                                  | * |                              |
| Rancho Palos Verdes              | * |                              |
| Broadcasters, Inc.               |   |                              |
|                                  | * |                              |
| v\.                              | * |                              |
|                                  | ) |                              |
| Frontier, A Citizens             | * |                              |
| Communications Company           | * |                              |
|                                  |   |                              |
| Request for Carriage             | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

MEMORANDUM OPINION AND ORDER

**Adopted: May 8, 2003** **Released: May 12, 2003**

By the Chief, Policy Division, Media Bureau:

# INTRODUCTION

1.  Frontier, A Citizens Communications Company ("Frontier") filed the
    above-captioned petition for special relief seeking to modify the
    Los Angeles, California designated market area ("DMA") with respect
    to television broadcast station KXLA (Ch. 44), Rancho Palos Verdes,
    California ("KXLA"). Specifically, Frontier requests that KXLA be
    excluded, for purposes of the cable television mandatory broadcast
    signal carriage rules, from its cable system serving Needles,
    California.[^1] Rancho Palos Verdes Broadcasters, Inc., licensee of
    KXLA, filed an opposition to the petition to which Frontier replied.
    In an associated filing, KXLA filed a must carry complaint against
    Frontier for its failure to carry its signal on the Needles cable
    system. An opposition to this petition was filed on behalf of
    Frontier to which KXLA replied. We are consolidating these cases in
    order to determine the signal carriage rights of KXLA on the cable
    system in question. For the reasons stated below, we grant
    Frontier's request for modification and dismiss KXLA's complaint.

# 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 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 "designated
    market area," or DMA, as defined by Nielsen Media Research.[^3] A
    DMA is a geographic market designation that defines each television
    market exclusive of others, based on measured viewing patterns.
    Essentially, each county in the United States is allocated to a
    market based on which home-market stations receive a preponderance
    of total viewing hours in the county. For purposes of this
    calculation, both over-the-air and cable television viewing are
    included.[^4]

3.  Under the Act, however, the Commission is also directed to consider
    changes in market areas. Section 614(h)(1)(C) provides that the
    Commission may:

    with respect to a particular television broadcast station, include
    additional

    communities within its television market or exclude communities from
    such

    station's television market to better effectuate the purposes of
    this section.[^5]

    In considering such requests, the 1992 Cable Act provides that:

    the Commission shall afford particular attention to the value of
    localism

    by taking into account such factors as --

```{=html}
<!-- -->
```
(I) whether the station, or other stations located in the same area,
    have

    been historically carried on the cable system or systems within such
    community;

(II) whether the television station provides coverage or other local

     service to such community;

(III) whether any other television station that is eligible to be
      carried by a

      cable system in such community in fulfillment of the requirements
      of this

      section provides news coverage of issues of concern to such
      community or

      provides carriage or coverage of sporting and other events of
      interest to the

      community;

(IV) evidence of viewing patterns in cable and noncable households
     within

> the areas served by the cable system or systems in such community.[^6]

The legislative history of the provision states that:

where the presumption in favor of \[DMA\] carriage would result in cable

subscribers losing access to local stations because they are outside the

\[DMA\] in which a local cable system operates, the FCC may make an

adjustment to include or exclude particular communities from a
television

station's market consistent with Congress' objective to ensure that

television stations be carried in the area in which they serve and which

form their economic market.

\* \* \* \*

\[This subsection\] establishes certain criteria which the Commission
shall

consider in acting on requests to modify the geographic area in which

stations have signal carriage rights. These factors are not intended to
be

exclusive, but may be used to demonstrate that a community is part of a

particular station's market.[^7]

In adopting rules to implement this provision, the Commission indicated
that requested changes should be considered on a community-by-community
basis rather than on a county-by-county basis, and that they should be
treated as specific to particular stations rather than applicable in
common to all stations in the market.[^8]

4.  In the *Modification Final Report and Order,* the Commission, in an
    effort to promote administrative efficiency, adopted a standardized
    evidence approach for modification petitions that requires the
    following evidence be submitted:

```{=html}
<!-- -->
```
(1) A map or maps illustrating the relevant community locations and

    geographic features, station transmitter sites, cable system headend
    locations,

    terrain features that would affect station reception, mileage
    between the

    community and the television station transmitter site,
    transportation routes

    and any other evidence contributing to the scope of the market.

(2) Grade B contour maps delineating the station's technical service

    area and showing the location of the cable system headends and
    communities

    in relation to the service areas.

    Note to Paragraph (b)(2): Service area maps using Longley-Rice

    (version 1.2.2) propagation curves may also be included to support

    a technical service exhibit.[^9]

(3) Available data on shopping and labor patterns in the local

    market.

(4) Television station programming information derived from station

    logs or the local edition of the television guide.

(5) Cable system channel line-up cards or other exhibits establishing

    historic carriage, such as television guide listings.

(6) Published audience data for the relevant station showing its

    average all day audience (i.e., the reported audience averaged over

    Sunday-Saturday, 7 a.m.-1 a.m., or an equivalent time period) for
    both

    cable and noncable households or other specific audience indicia,
    such

    as station advertising and sales data or viewer contribution
    records.[^10]

    Petitions for special relief to modify television markets that do
    not include the above evidence shall be dismissed without prejudice
    and may be re-filed at a later date with the appropriate filing fee.
    The *Modification Final Report and Order* provides that parties may
    continue to submit whatever additional evidence they deem
    appropriate and relevant.

# DISCUSSIOn

5.  The issue before us is whether to grant Frontier's request to
    exclude KXLA from mandatory carriage on its cable system serving
    Needles, California. Needles is located in San Bernardino County,
    California which is considered part of the Los Angeles DMA. KXLA is
    licensed to Rancho Palos Verdes, which is also located in the Los
    Angeles DMA. Considering all of the relevant factual circumstances
    in the record, we believe that the market modification petition is a
    legitimate request to redraw DMA boundaries to make them congruous
    with market realities.

6.  The first statutory factor we must consider is "whether the station,
    or other stations located in the same area, have been historically
    carried on the cable system or systems within such community."[^11]
    Frontier states that it has never carried KXLA on its Needles cable
    system.[^12] Frontier states that KXLA has been historically unable
    to deliver a good quality signal to the Needles cable system and
    thus has never been a qualified local station for must carry
    purposes.[^13] Frontier states further that, according to the 2002
    edition of [Television and Cable Factbook]{.underline}, KXLA is not
    carried by any other nearby cable systems.[^14] In response, KXLA
    states that it has only been operating for approximately two years
    and the Commission has repeatedly held with respect to new stations
    that lack of historical carriage is of little or no relevance in
    modification cases because, otherwise, such stations would be
    prevented from ever gaining carriage.[^15] KXLA states that the
    Commission has also recognized that "because of their limited
    audience," specialty stations, such as KXLA, "have not been widely
    carried by cable operators absent must carry obligations."[^16]
    Frontier argues that, although KXLA claims that its specialty
    station status should mitigate the historic carriage factor, the
    Commission has stated repeatedly that the "fact that a station is
    new or of specialized appeal does not mean that its logical market
    area is without limits or that it should be exempt from the Section
    614(h) market modification process."[^17]

7.  Second, we consider "whether the television station provides
    coverage or other local service to such community."[^18] Frontier
    argues that KXLA does not provide any local programming to the
    community at issue.[^19] According to the evidence, KXLA offers
    programming which is general in nature and not geared to a specific
    community.[^20] Frontier points out that the Commission has stated
    that general interest programming is insufficient to satisfy the
    local programming factor in modification cases.[^21] Frontier notes
    that, as evidenced by the system's channel line-up information, it
    carries broadcast stations licensed to Las Vegas, Nevada and
    Prescott and Phoenix, Arizona; stations that have a more direct
    connection to Needles than does KXLA.[^22] Frontier states that not
    only is KXLA's city of license geographically distant at 228 miles,
    but it fails to provide a Grade B signal to the system.[^23]
    Frontier states that such a distance precludes any commercial ties
    between the two areas.[^24] Moreover, this distance is greater than
    that found in almost every market modification petition brought
    before the Commission where the Bureau determined that a station was
    not local to the communities in question.[^25] Frontier states that,
    in addition to distance, Needles and KXLA are separated by
    geographic features such as the Mojave Desert, several mountain
    ranges and the San Bernardino National Forest as well as political
    boundaries.[^26] Frontier notes that the Commission has repeatedly
    stated that political and natural boundaries can act to separate
    communities from television stations in market modification
    proceedings.[^27]

8.  KXLA argues that the instant proceeding presents a situation in
    which the Commission must look to factors beyond the technical Grade
    B contour requirement in considering coverage and local service. It
    points out that the Commission has stated that while "as a general
    matter Grade B coverage demonstrates service to cable communities
    and serves as a measure of a station's natural economic market, it
    is not an exclusive test."[^28] KXLA maintains that an emphasis on
    narrow geographic considerations is inappropriate here where the
    Asian-American communities that serve as KXLA's audience "form
    communities that cross city and county lines, transforming the
    entire Los Angeles market into groups of interrelated markets."[^29]
    KXLA asserts that it provides unique locally-focused Asian-language
    programming that Frontier should utilize for the benefit of its
    Asian-American subscribers.[^30]

9.  Frontier argues that while no single factor is outcome determinative
    in a market modification proceeding, KXLA's contention that the
    Bureau should overlook its lack of Grade B coverage ignores the
    Commission's repeated emphasis on this factor as important in the
    market modification analysis.[^31] Frontier notes that KXLA also
    fails to mention the vast distance between its city of license and
    Needles or the fact that the Commission has recognized that where
    DMAs span very large geographic distances, as does the Los Angeles
    DMA, "the broadcast signal carriage rules were not intended to
    transform a station with a restricted market and service area into a
    regional 'super station' that must be automatically carried in every
    single community in an ADI."[^32] Frontier maintains that this is
    precisely the type of situation Congress sought to address when it
    provided for the market modification process to exclude communities
    that are "so far removed from the station that \[they\] cannot be
    deemed part of the station's market."[^33] Further, Frontier points
    out that the Commission has repeatedly cited geographic barriers,
    such as those separating KXLA and Needles, in decisions granting
    exclusion.[^34] Finally, Frontier states that KXLA makes no effort
    to show that its programming is in any way specifically tailored to
    the residents of Needles, but rather relies solely on its provision
    of general Asian-language programming as the most important factor
    in this case.[^35] Such reliance, however, has been soundly rejected
    by the Commission.[^36] Finally, Frontier notes that only 1.4
    percent of Needles' population (or 69 people) identify themselves as
    Asian as compared to 25.9 percent of Rancho Palos Verdes'
    population.[^37] While KXLA may well serve its home community with
    programming of local interest, it has little relevance to Needles.

10. The third statutory factor we must consider is "whether any other
    television station that is eligible to be carried by a cable system
    in such community in fulfillment of the requirements of this section
    provides news coverage of issues of concern to such community or
    provides carriage or coverage of sporting and other events of
    interest to the community."[^38] Frontier states that numerous
    nearby stations carried on its system provide extensive local
    programming on a regular basis.[^39] Frontier states that these
    stations provide news and local programming that is specifically
    geared to Needles.[^40] Moreover, Frontier notes that, unlike KXLA,
    these stations are listed in the *Needles Desert Star,* a local
    paper serving the subject community, and the local edition of *TV
    Guide*.[^41] KXLA argues that none of the broadcast stations
    currently carried by Frontier offer Asian-language programming,
    despite the fact that Asian-Americans account for 4.7 percent of the
    population in San Bernardino County.[^42] KXLA points out that the
    Commission has recognized that "foreign" programming is not
    incompatible with local appeal, as such programming is of interest
    to a significant number of Asian viewers who have strong family,
    business, social, language and personal ties to particular
    areas.[^43] Finally, KXLA notes that the geographic distance of the
    stations Frontier points to as providing local service ranges from
    111 to 244 miles from Needles.[^44] Frontier argues that KXLA's
    statistics with regard to the distances of the stations in its
    channel line-up are misleading because they are based on driving
    mileage and not air mileage.[^45] Frontier points out that Needles
    is an isolated desert community and that stations licensed to
    Phoenix, Las Vegas and Prescott are the closest to the cable system.
    Not only do these stations consider themselves local to Needles, but
    the residents of Needles consider the stations as local to
    them.[^46]

11. The fourth statutory factor concerns "evidence of viewing patterns
    in cable and noncable households within the areas served by the
    cable system or systems in such community."[^47] Frontier states
    that, according to a report prepared by a marketing and research
    consulting firm, KXLA has no reportable viewing in either Needles or
    San Bernardino County.[^48] In addition, Frontier notes that KXLA is
    not considered significantly viewed in San Bernardino County and it
    is not listed in either the local papers or local edition of *TV
    Guide*.[^49] KXLA states that because it has only been on-the-air
    for only two years it is still in the process of building its
    viewership. The Commission has recognized that it normally takes up
    to 3 years for a station to build viewership within its licensed
    area.[^50] KXLA maintains that, because of its specialty station
    status, the mitigating factors that apply to its lack of historic
    carriage should apply equally here.[^51]

12. Section 614(h)(1)(C) of the Communications Act authorizes the
    Commission to include or exclude particular communities from a
    television station's market for the purpose of ensuring that a
    television station is carried in the areas which it serves and which
    form its economic market.[^52] Section 614(h)(1)(C)(i) specifically
    and unambiguously directs the Commission, in considering requests
    for market modification, to afford particular attention to the value
    of localism by taking such matters into account.[^53] In this
    matter, KXLA has no history of carriage and no discernable
    viewership in the community at issue. It does not appear that any
    proximate cable systems carry KXLA. As a relatively new specialty
    station, we do not afford considerable weight to these deficiencies.
    However, it is clear that KXLA is geographically distant from the
    communities at 228 miles, that its predicted Grade B contour falls
    far short of Needles, and that the station is separated from Needles
    by numerous geographic barriers such as the San Gabriel Mountains
    and the San Bernardino National Forest. These factors also tend to
    explain the history of non-carriage of the station on Frontier's
    cable system and strongly indicate that Needles is too distant to
    properly be a part of KXLA's television market. KXLA has argued that
    all of these factors are irrelevant because of the fact that it
    provides Asian-language programming for the benefit of the
    Asian-American population throughout the Los Angeles DMA and it
    cites *Fouce Amusement* in support.[^54] However, in *Fouce
    Amusement*, the Commission noted that the station in question
    provided the only locally produced programming of particular appeal
    to the Asian community.[^55] In the instant matter, KXLA fails to
    provide any specific information or documentation regarding the
    orientation of its programming to the community of Needles.

13. In view of our decision in the market modification proceeding, the
    arguments raised by KXLA and Frontier in reference to the
    above-described must carry complaint are moot. As such, KXLA's must
    carry complaint is dismissed.

# ORDERING CLAUSES

14. Accordingly, **IT IS ORDERED,** pursuant to Section 614(h) of the
    Communications Act of 1934, as amended, 47 U.S.C. §534, and Section
    76.59 of the Commission's rules, 47 C.F.R. §76.59, that the
    captioned petition for special relief (CSR-6117-A), filed by
    Frontier, A Citizens Communications Company **IS GRANTED.**

15. **IT IS FURTHER ORDERED** that the must carry complaint filed by
    Rancho Palos Verdes Broadcasters, Inc. (CSR-6069-M) **IS HEREBY
    DISMISSED.**

16. These actions are taken pursuant to authority delegated by Section
    0.283 of the Commission's rules.[^56]

    FEDERAL COMMUNICATIONS COMMISSION

    Steven A. Broeckaert

    Deputy Chief, Policy Division

    Media Bureau

[^1]: ^?^Frontier notes that KXLA's must carry complaint also listed the
    community of Lower Mojave Valley, California. Frontier states that
    while it does serve Lower Mojave Valley, Arizona, that community is
    located outside the Los Angeles DMA and, as such, not relevant to
    either of the instant proceedings.

[^2]: ^?^8 FCC Rcd 2965, 2976-1977 (1993).

[^3]: ^?^Section 614(h)(1)(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* 47 U.S.C. §534(h)(1)(C).
    Section 76.55(e) requires that a commercial broadcast television
    station's market be defined by Nielsen Media Research's DMAs. 47
    C.F.R. § 76.55(e); s*ee Definition of Markets for Purposes of the
    Cable Television Broadcast Signal Carriage Rules,* Order on
    Reconsideration and Second Report and Order, 14 FCC Rcd 8366
    (1999)(*"Modification Final Report and Order"*).

[^4]: ^?^For a more complete description of how counties are allocated,
    *see* Nielsen Media Research's *Nielsen Station Index: Methodology
    Techniques and Data Interpretation.*

[^5]: ^?^47 U.S.C. §534(h)(1)(C).

[^6]: ^?^*Id.*

[^7]: ^?^H.R. Rep. 102-628, 102d Cong., 2d Sess. 97 (1992).

[^8]: ^?^*Must Carry Order,* 8 FCC Rcd 2965, 2977 n.139.

[^9]: ^?^The Longley-Rice model provides a more accurate representation
    of a station's technical coverage area because it takes into account
    such factors as mountains and valleys that are not specifically
    reflected in a traditional Grade B contour analysis. In situations
    involving mountainous terrain or other unusual geographical
    features, Longley-Rice propagation studies can aid in determining
    whether or not a television station actually provides local service
    to a community under factor two of the market modification test.

[^10]: ^?^47 C.F.R. §76.59(b).

[^11]: ^?^47 U.S.C. §534(h)(1)(C).

[^12]: ^?^Modification Petition at Exhibit A.

[^13]: ^?^*Id.* at 3, citing 47 U.S.C. § 534(h)(1)(B)(iii).

[^14]: ^?^*Id.* at Exhibit C.

[^15]: ^?^Opposition at 4, citing *Time Warner Entertainment Co., L.P.,*
    12 FCC Rcd 22069, 22077 (1997); *Horizon Broadcasting Corporation,*
    12 FCC Rcd 11634, 11638 (1997); *Time Warner Cable,* 11 FCC Rcd
    8047, 8053-54 (1996).

[^16]: ^?^*Id.*, citing *CoxCom, Inc.,* 17 FCC Rcd 17192, 17195 (2002).

[^17]: ^?^Reply at 6, citing *MediaOne of Los Angeles, Inc.,* 15 FCC Rcd
    19386, 19396 (2000); *Cable Satellite of South Miami, Inc.,* 13 FCC
    Rcd 298, 306 (1998); *Rifkin/Narragansett South Florida CATV Limited
    Partnership, d/b/a Gold Coast Cablevision,* 11 FCC Rcd 21090, 21104
    (1996), *recon. denied,* 14 FCC 13788 (1999).

[^18]: ^?^47 U.S.C. §534(h)(1)(C).

[^19]: ^?^Modification Petition at 3.

[^20]: ^?^*Id.* at Exhibit H.

[^21]: ^?^*Id.* at 8, citing *Greater Worcester Cablevision,* 12 FCC Rcd
    17347 (1997); *TKR Cable Company,* 12 FCC Rcd 8414 (1997), *recon.
    denied,* 14 FCC Rcd 9603 (1999); *Home Link Communications of
    Princeton, L.P.,* 13 FCC Rcd 1578 (1997), *recon. denied,* 14 FCC
    Rcd 9603 (1999).

[^22]: ^?^*Id.* at 4.

[^23]: ^?^*Id.* at Exhibits D and E.

[^24]: ^?^*Id.* at Exhibit F.

[^25]: ^?^*Id.* at 6, citing *Greater Worcester Cablevision, Inc.,* 13
    FCC Rcd 22220 (1998) (39-70 miles); *Mid-Hudson Cablevision, Inc.,*
    15 FCC Rcd 5011 (2000) (average 47 miles); *Blue Ridge Cable
    Technologies, Inc.,* 14 FCC Rcd 2320 (1999) (43 miles).

[^26]: ^?^*Id.* at Exhibits F and G.

[^27]: ^?^*Id.* at 7, citing *Adelphia Cablevision Associates, L.P.,* 14
    FCC Rcd 7686 (1999); *Rifkin/Narragansett South Florida CATV Limited
    Partnership d/b/a Gold Coast Cablevision,* 11 FCC Rcd 21090 (1996),
    *recon. denied,* 14 FCC Rcd 13788 (1999); *Time Warner New York City
    Cable Group,* 11 FCC Rcd 6528 (1996); *Time Warner New York City
    Cable Group,* 12 FCC Rcd 13094 (1996), *recon. denied,* 12 FCC Rcd
    12262 (1997); *Comcast of Central New Jersey,* 13 FCC Rcd 1656
    (1997).

[^28]: ^?^Opposition at 4, citing *Suburban Cable TV Co., Inc.,* 16 FCC
    Rcd 10790, 10797 (2001) (citing *Must Carry Order,* 8 FCC Rcd at
    2977).

[^29]: ^?^*Id.*, citing *Fouce Amusement Enterprises, Inc.,* 10 FCC RCd
    668, 670 (1995).

[^30]: ^?^*Id.* at 5-6 and Exhibit D.

[^31]: ^?^Reply at 7-8, citing *Adelphia Cable Partners, L.P.,* 13 FCC
    Rcd 4047 (1996), *recon. denied,* 14 FCC Rcd 13783 (1999); *Dynamic
    Cablevision of Florida, Ltd. et al.,* 11 FCC Rcd 9880 (1996),
    *recon. denied,* 14 FCC Rcd 13783 (1999); *Time Warner Cable,* DA
    03-824 (released March 19, 2003) at para. 12.

[^32]: ^?^Reply at 8-9, citing *Gold Coast Cablevision,* 11 FCC Rcd at
    21103.

[^33]: ^?^*Id.* at 9, citing *Market Modifications and the New York Area
    of Dominant Influence,* 12 FCC Rcd 12262, 12268-69 (1997).

[^34]: ^?^*Id.* at 9-10, citing *Gold Coast Cablevision,* 11 FCC Rcd at
    21103; *Adelphia Cable Associates, L.P.,* 14 FCC Rcd 7686 (1999);
    *Paxson Atlanta License, Inc.,* 13 FCC Rcd 20087 (1998); *Time
    Warner New York City Cable Group,* 12 FCC Rcd 13094 (1996); *Time
    Warner Cable,* DA 03-824 at para. 12.

[^35]: ^?^*Id.* at 11.

[^36]: ^?^*Id.,* citing *Petition of Blue Ridge Cable Technologies,
    Inc.,* 14 FCC Rcd 2320, 2327 (1999) ("While 3.1% of Pike County
    residents are of Hispanic origin, this does not necessarily mean
    that WXTV's programming is targeted to interests that are specific
    to Hispanic residents in the cable communities.").

[^37]: ^?^*Id.* at Exhibit A (U.S. Census Bureau 2000 information).

[^38]: ^?^47 U.S.C. §534(h)(1)(C).

[^39]: ^?^Modification Petition at 9 n.28.

[^40]: ^?^*Id.* at Exhibits I and K.

[^41]: ^?^*Id.* at Exhibits J and K.

[^42]: ^?^Opposition at Exhibits B, E & F-G.

[^43]: ^?^*Id.* at 7, citing *Fouce,* 10 FCC Rcd at 671.

[^44]: ^?^*Id.* at 5 n.4.

[^45]: ^?^Reply at 18-19. Frontier states that the air mileage between
    Needles and Las Vegas, Prescott and Phoenix, communities from which
    it receives signals, is 96, 124 and 174 miles, respectively; *see
    also* Modification Petition at Exhibits E and N.

[^46]: ^?^*Id.* at 19. Frontier states that citizens of Needles annually
    donate funds to maintain translator service in order to receive
    Phoenix television broadcast stations. *Id.* at n.67.

[^47]: ^?^47 U.S.C. §534(h)(1)(C).

[^48]: ^?^Modification Petition at Exhibit L.

[^49]: ^?^*Id.* at 13.

[^50]: ^?^Opposition at 8, citing *Avenue TV Cable Services, Inc.,* 16
    FCC Rcd 16436, 16445 (2001).

[^51]: ^?^*Id.*, citing *The Chronicle Publishing Company,* 10 FCC RCd
    9474, 9482 (1995).

[^52]: ^?^47 U.S.C. § 534(h)(1)(c).

[^53]: ^?^47 U.S.C. § 534(h)(1)(C)(i).

[^54]: ^?^Opposition at 4.

[^55]: ^?^The Commission's ruling in *Fouce Amusement* was not decided
    on the issue of foreign-language programming. In that matter, *inter
    alia*, the cable communities were lcoated within the City Grade
    coverage of the station at issue. *See Fouce Amusement,* 10 FCC Rcd
    at 671.

[^56]: ^?^47 C.F.R. §0.321.