Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of:                | * | CSR-6072-M                   |
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| Sonshine Family Television, Inc. | ) | CSR-6077-M                   |
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| v\.                              | * | CSR-6079-M                   |
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| Comcast Corporation              | * | CSR-6080-M                   |
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| Request for Mandatory Carriage   | ) | CSR-6082-M                   |
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| Television Station WBPH,         |   |                              |
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| Bethlehem, Pennsylvania          | * |                              |
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MEMORANDUM OPINION AND ORDER

**Adopted: May 5, 2003** **Released: May 7, 2003**

By the Deputy Chief, Policy Division, Media Bureau:

# introduction

1.  Sonshine Family Television, Inc. ("Sonshine"), licensee of
    television broadcast station WBPH (Ch. 60), Bethlehem, Pennsylvania
    ("WBPH") filed the above-captioned complaints for mandatory carriage
    against Comcast Corporation ("Comcast")[^1] for failing to carry
    WBPH on Comcast's cable systems serving various communities located
    in the Philadelphia, Pennsylvania market (the "Comcast
    Communities").[^2] Comcast filed oppositions in three of the
    above-captioned matters to which Sonshine replied.

# background

2.  Under Section 614 of the Communications Act of 1934, as amended
    ("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, such as WBPH, are entitled to assert mandatory carriage
    rights on cable systems located within the station's market.[^3] A
    station's market for this purpose is its "designated market area,"
    or DMA, as defined by Nielsen Media Research.[^4] A DMA is a
    geographic market designation that defines each television market
    exclusive of others, based on measured viewing patterns.

3.  Pursuant to the Commission's must carry rules, cable operators have
    the burden of showing that a commercial television station that is
    located in the same television market is not entitled to
    carriage.[^5] One method of doing so is for a cable operator to
    establish that a subject television signal, which would otherwise be
    entitled to carriage, does not provide a good quality signal to a
    cable system's principal headend.[^6] For UHF commercial television
    stations, the standard used to determine what constitutes a good
    quality signal at a cable system's principal headend is -45 dBm.[^7]
    Should a station fail to provide the requisite over-the-air signal
    quality to a cable system's principal headend, it still may obtain
    carriage rights. Under the Commission's rules, a television station
    may provide a cable operator, at the station's expense, with
    specialized equipment to improve the station's signal to an
    acceptable quality at a cable system's principal headend.[^8]

# discussion

4.  In support of its complaint, Sonshine states that WBPH is a
    full-power commercial television station licensed to Bethlehem,
    Pennsylvania, located in the Philadelphia, Pennsylvania DMA.[^9]
    Petitioner states further that Comcast operates cable television
    systems that are also located in the Philadelphia DMA.[^10] Sonshine
    asserts that on September 30, 2002, it formally notified Comcast of
    its mandatory carriage elections and requested carriage on the
    systems in the Comcast Communities.[^11] Sonshine contends that
    Comcast did not respond to its demands for mandatory carriage within
    30 days of receipt of such requests as required by the Commission's
    rules,[^12] and requests that the Commission order Comcast to
    commence carriage of the station's signal on channel 60. Sonshine
    states that it will, if necessary, provide and install at its own
    expense, the appropriate equipment to achieve a -45 dBm or better
    signal at the systems' headends.[^13]

5.  Comcast argues in the three contested matters that WBPH fails to
    deliver the required signal strength of -45dBm at the systems'
    principal headends and that the systems are therefore not obligated
    to carry the station's signal.[^14] In support, Comcast provides
    engineering data which confirms that the station does not currently
    provide the required signal strength at the systems' principal
    headends.[^15]

6.  In reply, Sonshine contests Comcast's engineering methodology and
    restates its intent to provide and install specialized equipment for
    receipt of the station at the cable systems' headends. Sonshine
    argues that the station has met its burden by committing to provide
    the equipment necessary for receipt of a good quality signal.

7.  Section 76.55 of the Commission's rules provides that commercial
    television broadcast stations, such as WBPH, are entitled to
    carriage on cable systems located in the same DMA.[^16] As noted
    above, cable operators have the burden of showing that a commercial
    television station that is located in the same television market is
    not entitled to carriage.[^17] We find that Comcast has failed to
    meet this burden.

8.  A review of WBPH's signal strength tests provided by Comcast in the
    three contested matters indicate that all of the tests were
    conducted employing sound engineering practices and demonstrate that
    WBPH does not presently provide a good quality signal to Comcast's
    principal headends. We note, however, that WBPH has agreed to bear
    the costs of any equipment necessary to ensure the delivery of a
    good quality signal. Section 76.55(c)(3) of the Commission's rules
    allows local commercial television stations which fail to meet the
    signal strength criteria to provide, at their own expense, the
    equipment necessary for delivery of a good quality signal to a cable
    system's principal headend.[^18] WBPH has made this commitment and
    by doing so is eligible for mandatory carriage on Comcast's systems
    when the station provides a signal which meets the Commission's
    signal strength criteria.

9.  Finally, concerning Sonshine's channel positioning request, we find
    that petitioner has properly requested carriage on channel 60,
    WBPH's over-the-air broadcast channel. Pursuant to the Commission's
    rules, cable operators must comply with channel positioning
    requirements absent a compelling technical reason.[^19]

# ordering clauses

10. Accordingly, **IT IS ORDERED**, pursuant to Section 614 of the
    Communications Act of 1934, as amended, 47 U.S.C. § 534, that the
    mandatory carriage carry complaints filed by Sonshine Family
    Television, Inc., licensee of television broadcast station WBPH,
    Bethlehem, Pennsylvania, against Comcast **ARE** **GRANTED**.

11. **IT IS FURTHER ORDERED** that Comcast **SHALL COMMENCE CARRIAGE**
    of WBPH's signal on channel 60 of its cable systems serving the
    Comcast Communities specified in CSR-6077-M and CSR-6082-M within
    sixty (60) days from the date of the release of this order.

12. **IT IS FURTHER ORDERED** that Comcast **SHALL COMMENCE CARRIAGE**
    of WBPH's signal on channel 60 of its cable systems serving the
    Comcast Communities specified in CSR-6072-M, CSR-6079-M, and
    CSR-6080-M within sixty (60) days from the date that WBPH delivers a
    good quality signal to the systems' principal headends.

13. This action is taken pursuant to authority delegated by Section
    0.283 of the Commission's rules.[^20]

    FEDERAL COMMUNICATIONS COMMISSION

    Steven A. Broeckaert

    Deputy Chief, Policy Division

    Media Bureau

[^1]: CSR-6072-M, Comcast Cablevision of Pennsylvania, LLC, CSR-6079-M,
    Comcast Cablevision of Southeast Pennsylvania, Inc., and CSR-6080-M,
    Comcast Cablevision of Mercer County, Inc. are opposed proceedings.
    In the two unopposed matters, CSR-6077-M and CSR-6082-M, Sonshine
    has identified the cable operator as Comcast Cable and identified
    the communities served. *See* *infra* n.2. This decision applies to
    any Comcast subsidiary that operates cable systems in the
    communities identified by petitioner.

[^2]: The cable communities subject to the petitions are as follows:
    CSR-6072-M -- Ambler Borough, Broomall, Hatoboro, Haverford, Horsham
    Twp., Lansdale, Lower Gwynned Twp., Marple Twp., Montgomery Twp.,
    North Wales, Plymouth Twp., Radnor, Springfield Twp., Towamencin,
    Upper Dublin Twp., Upper Gwynned Twp., Whitemarsh Twp., and Whitpain
    Twp., Pennsylvania; CSR-6077-M -- Buckingham, Chalfont, Doylestown,
    Ivyland, New Britain, New Hope Borough, Newtown, Northampton Twp.,
    Plumstead, Solebury, Tinicum, Warrington, and\
    Warwick, Pennsylvania; CSR-6079 -- Bally, Bechtelsville, Boyertown,
    Bridgeport, Collegeville, Conshohocken, Douglas Twp., Graterford,
    Gulph Mills, Hereford, King of Prussia, Limerick Twp., New Hanover
    Twp., Norristown, Oaks, Pennsburg, Phoenixville, Pottsville,
    Perkiomen, Red Hill, Royersford, Schwenksville, Spring City,
    Swedeland, and Upper Merion Township, Pennsylvania; CSR-6080-M --
    Ewing, Hopewell, Lawrence, Pennington, and Trenton, New Jersey; and
    CSR-6082-M -- Reading and Hamburg, Pennsylvania.

[^3]: 8 FCC Rcd 2965, 2976-2977 (1993).

[^4]: 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).

[^5]: *See Must Carry Order*, 8 FCC Rcd at 2990.

[^6]: 47 C.F.R. § 76.55(c)(3).

[^7]: 47 U.S.C. § 534(h)(1)(B)(iii); 47 C.F.R. § 76.55(c)(3).

[^8]: *Must Carry Order*, 8 FCC Rcd at 2991.

[^9]: Petitions at 2.

[^10]: *See supra* n.2 (Comcast Communities).

[^11]: *Id*. at 1.

[^12]: *Id.* at 2; *see* 47 C.F.R. § 76.61(a)(2).

[^13]: Petitions at 3; *see* 47 C.F.R. § 76.55(c)(3).

[^14]: Oppositions at 2.

[^15]: *Id*., Exhibit 1.

[^16]: 47 C.F.R. § 76.55.

[^17]: *See Must Carry Order*, 8 FCC Rcd at 2990.

[^18]: 47 C.F.R. §76.55(c)(3).

[^19]: 47 C.F.R. § 76.57; *see Must Carry Order*, 8 FCC Rcd at 2988.

[^20]: 47 C.F.R. § 0.283.