Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of:                | * | CSR-5508-A                   |
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| Comcast Cablevision of New       | ) | CSR-5486-M                   |
| Mexico, Inc.                     | * |                              |
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| For Modification of the          |   |                              |
| Albuquerque-Santa Fe, New Mexico | * |                              |
| DMA                              | * |                              |
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| Prime Time Christian             | * |                              |
| Broadcasting, Inc. v. Comcast    | * |                              |
| Cablevision of New Mexico, Inc.  |   |                              |
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| Request for Carriage             | * |                              |
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+----------------------------------+---+------------------------------+

MEMORANDUM OPINION AND ORDER

**Adopted: May 4, 2000** **Released: May 9, 2000**

By the Chief, Consumer Protection and Competition Division, Cable
Services Bureau:

# INTRODUCTION

1.  Comcast Cablevision of New Mexico, Inc. ("Comcast") filed the
    above-captioned petition for special relief seeking to modify the
    Albuquerque-Santa Fe, New Mexico DMA relative to Television
    Broadcast Station KRPV (Ch. 27), Roswell, New Mexico. Specifically,
    Comcast requests that KRPV be excluded, for purposes of the cable
    television mandatory broadcast signal carriage rules, from the
    communities served by five of its cable systems.[^1] An opposition
    to this petition was filed on behalf of Prime Time Christian
    Broadcasting, Inc., licensee of Station KRPV to which Comcast has
    replied. In addition, KRPV has filed a must carry complaint against
    Comcast for its failure to carry its signal on three of its cable
    systems -- Albuquerque, Grants and Socorro, New Mexico. Comcast has
    filed an opposition to this complaint and KRPV has replied. We are
    consolidating these cases in order to determine the signal carriage
    rights of KRPV in the communities served by Comcast.

# 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"),*[^2]
    commercial television broadcast stations are entitled to assert
    mandatory carriage rights on cable systems located within the
    station's market. 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]

4.  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 -

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(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 new 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]

5.  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]

6.  Recently, 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:

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(A) 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.

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

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

    in relating to the service areas.

    Note: Service area maps using Longley-Rice (version 1.2.2)
    propagation

    curves may also be included to support a technical service
    exhibit.[^8]

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

    market.

(D) Television station programming information derived from station

    logs or the local edition of the television guide.

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

    historic carriage, such as television guide listings.

(F) 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., 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.[^9]

    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.
    Parties may continue to submit whatever additional evidence they
    deem appropriate and relevant.

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7.  With respect to deletions of communities from a station's market,
    the legislative history of the provision states that:

    The provisions of \[this subsection\] reflect a recognition that the
    Commission

    may conclude that a community within a station's \[DMA\] may be so
    far

    removed from the station that it cannot be deemed part of the
    station's

    market. It is not the Committee's intention that these provisions be
    used by

    cable systems to manipulate their carriage obligations to avoid
    compliance

    with the objectives of this section. Further, this section is not
    intended to

    permit a cable system to discriminate among several stations
    licensed to the

    same community. Unless a cable system can point to particularized
    evidence

    that its community is not part of one station's market, it should
    not be

    permitted to single out individual stations serving the same area
    and request

    that the cable system's community be deleted from the station's
    television

    market.[^10]

8.  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.[^11] The rules further provide, in accordance with the
    requirements of the 1992 Cable Act, that a station not be deleted
    from carriage during the pendency of a modification request.[^12]

# DISCUSSION

## Market Modification

9.  The issue before us is whether to grant Comcast's request to exclude
    Roswell television station KRPV from mandatory carriage in its cable
    system communities. Comcast's communities are located in the New
    Mexico counties of Bernalillo, Sandoval, Valencia, Cibola and Santa
    Fe, which are deemed to be part of the Albuquerque-Santa Fe DMA.
    KRPV is licensed to Roswell, New Mexico, which is also considered to
    be part of the Albuquerque DMA. The market change process
    incorporated into the Communications Act is not intended to be a
    process whereby cable operators may seek relief from the mandatory
    signal carriage obligations apart from the question of whether a
    change in the market area is warranted. When viewed against this
    backdrop, and considering all of the relevant factual circumstances
    in the record, we believe that Media General's deletion petition
    appears to be a legitimate request to redraw DMA boundaries to make
    them congruous with market realities.

10. In support of its request, Comcast argues that the Albuquerque-Santa
    Fe DMA, in which both its cable systems and KRPV are located,
    encompasses most of the state of New Mexico, as well as portions of
    Arizona, Colorado and Texas, and covers nearly 500 miles.[^13]
    Comcast states that its systems are located roughly in the center of
    the market, while KRPV's city of license is located in the
    southeastern portion. Comcast asserts, therefore, that because KRPV
    does not operate in the natural market for its cable communities,
    those communities should be excluded from the must carry
    requirements with regard to KRPV. Comcast points out that KRPV has
    no history of carriage in the instant communities nor has any
    neighboring cable systems ever carried the station.[^14] Moreover,
    Comcast states that, to its knowledge, no cable systems in its area
    carry any other television station licensed to Roswell. Comcast
    states further that KRPV is geographically remote as Roswell is
    located approximately 200 miles away from its cable system
    communities.[^15] Comcast argues that in previous decisions the
    Commission has considered stations and communities as close as 63
    kilometers apart to be different markets.[^16] In addition, Comcast
    indicates that not only does KRPV's Grade B contour fail to
    encompass any of the communities, but the station does not provide
    any programming that has a distinct nexus to the communities in
    question.[^17] Comcast maintains that KRPV's failure to provide
    local programming is not mitigated by the fact that it provides a
    "specialized" format. It points out that the Cable Services Bureau
    has explained that "\[t\]he fact that a station is 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."[^18]

11. In any event, Comcast argues that its cable communities already
    receive ample local programming addressing their interests and
    concerns from stations which it currently carries. In addition,
    Comcast states that many of the programs broadcast by KRPV are
    currently available to its cable subscribers via local broadcast
    stations the systems carry.[^19] Further, Comcast states that while
    it has not commissioned an audience survey for KRPV in its cable
    communities, there is little hope that the station has any
    appreciable viewership. Moreover, Comcast points out that it is not
    listed in the area's main newspaper, the *Albuquerque
    Journal/Tribune,* or the local edition of *TV Guide.*[^20] Comcast
    states that in this instance, Albuquerque forms a distinct and
    separate market from that of Roswell. For instance, Comcast
    indicates that, apart from being known for the 1947 Roswell
    Incident, Roswell itself boasts a thriving cuultural and economic
    identity with over 100 churches, 260 civic clubs, five museums, 28
    parks, two libraries, two colleges and community theater.[^21] In
    addition, Comcast states that there are three full-power television
    stations licensed to Roswell, ten radio stations, and the
    circulation of its local daily paper, the *Roswell Record,* dwarfs
    that of the *Albuquerque Journal/Tribune*.[^22] Comcast indicates
    also that Rand McNally's Basic Trading Area ("BTA") system, its
    Ranally Metropolitan Area ("RMA") standard, and its Principal
    Business Center ("PBC") classifications all place Roswell and
    Albuquerque as separate entities.[^23] Finally, Comcast states that
    the U.S. Office of Management and Budget's ("OMB") Metropolitan
    Statistical Areas ("MSAs") classification, which analyzes commuting
    trends between communities, concludes that the instant cable
    communities properly belong to the Albuquerque MSA. Roswell itself
    is not assigned to any MSA. In view of the above, Comcast requests
    that its petition for exclusion be granted.

12. In opposition, KRPV argues that Comcast's justifications for its
    request for exclusion are either irrelevant or incorrect in weighing
    KRPV's mandatory carriage rights in the instant communities. KRPV
    points out that the Commission has long held that a station's
    inability to establish historical carriage is not entitled to great
    weight, especially, as here, where a religious "specialty" station
    is involved.[^24] KRPV requests that the Commission take note that
    as a station which went on-the-air in 1986, it is presumptively
    entitled to mandatory carriage in the instant cable communities
    because of the must carry rules adopted by the Commission in 1993
    and qualifies as a "religious" station in view of its programming
    schedule.[^25] Under these circumstances, KRPV urges the Commission
    to give no weight to the historical carriage criterion and ignore
    the discriminatory non-carriage of its signal by Comcast by
    presuming for purposes of this proceeding that KRPV has been carried
    during the last 6 ½ years.

13. In addition, while Comcast notes KRPV's lack of Grade B coverage,
    KRPV states that it ignores the fact that KRPV's signal will be
    available to Comcast's headends via satellite transmission and has
    provided, at its own expense, any equipment necessary to ensure a
    good quality signal at the various system headends. KRPV asserts
    that the fact that it does not provide an off-air Grade B signal to
    the instant communities should not be deemed relevant when satellite
    relay delivery will provide a better than 64 dBu signal. Moreover,
    KRPV points out that it is well-established that a broadcast station
    can satisfy the "good quality signal" requirement by the use of
    "improved antennas, increased tower height, microwave relay
    equipment, \[or\] amplification equipment."[^26] KRPV maintains that
    the Commission's listing of delivery mechanisms is not intended to
    be exclusive and should therefore include satellite feeds such as it
    proposes. KRPV believes that such delivery can supercede the
    Commission's historical view that "\[a\]s a general matter, Grade B
    coverage demonstrates service to cable communities and serves as a
    measure of a station's natural economic market."[^27] KRPV maintains
    that this view is also supported by the "local-into-local"
    provisions of the Satellite Home Viewer Improvement Act of 1999
    ("SHVIA").[^28] KRPV states that in evaluating the "local signal"
    criterion, the Commission should conclude that KRPV should be
    treated as if it placed an off-air Grade B contour over the
    communities.

14. KRPV argues that Comcast mistakenly attempts to minimize the
    significance of its station's religious programming by asserting
    that none of the programming is specifically targeted to the cable
    communities and that other currently carried stations provide local
    programming. KRPV maintains, however, that its 24-hour religious
    format specially fulfills an important community programming need in
    the instant communities; a need which is not met by Comcast's
    carriage of the other stations it cites.[^29] While KRPV concedes
    that its programming does not originate in any of the cable
    communities at issue or specifically target them, the Commission has
    established that the purpose of the "local programming" criterion is
    not to serve as a bar to a station's carriage claim whenever other
    stations could also be shown to serve the communities at issue.[^30]
    In this instance, KRPV asserts that because its religious
    programming is much more comprehensive that what is otherwise
    available from any other local station which Comcast carries and
    uniquely fills an important local programming need, KRPV should be
    treated as offering a "local programming service" to the communities
    herein.

15. Finally, KRPV states that Comcast erroneously asks the Commission to
    declare that Roswell is a separate market that is not part of the
    Albuquerque DMA. KRPV points out that the *Modification Report and
    Order* designated DMAs in controlling market modification
    adjudications and that Nielsen has decreed that Roswell stations are
    part of the Albuquerque DMA for this purpose.[^31] Granting
    Comcast's request, argues KRPV, would not only amount to placing all
    three Roswell stations in an undefined Roswell DMA, an action which
    the Commission lacks authority to make, but potentially deny must
    carry rights to KRPV in other New Mexico counties not part of this
    proceeding.

16. Comcast argues that KRPV fails to challenge any of the factual
    showings presented in its petition, but instead essentially requests
    that the Bureau disregard the statutory factors and case law
    governing market modification proceedings so that it may receive its
    entitlement to carriage.[^32] Comcast maintains that such arguments
    are without merit and appear to result from KRPV's failure to
    distinguish between Commission decisions resolving must carry
    complaints and those resolving market modification petitions. For
    instance, Comcast points out that the question of signal quality is
    not applicable in a market modification proceeding where the issue
    is whether a station's carriage would better effectuate Congress'
    intent that stations be carried in "the areas which they serve and
    which form their economic market."[^33] Comcast states that in
    market modification cases, the Bureau frequently uses a station's
    licensed service area (as measured by its Grade B contour) as a tool
    to adjust the station's must carry boundaries. As such, Comcast
    argues, the lack of a Grade B is relevant and the station's delivery
    via satellite legally irrelevant in the context of this proceeding.
    Moreover, despite KRPV's assertions, Comcast points out that the
    Bureau has explained that "\[t\]he fact that a station is 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."[^34] Comcast concludes that the record
    herein conclusively establishes that Comcast has satisfied the
    market modification criteria and therefore its request should be
    granted.

17. With respect to the mandatory statutory criteria, we have carefully
    reviewed the information provided by Comcast in the context of its
    request. An analysis of this evidence, as it relates to each factor,
    is provided below.

18. **Historic Carriage.** KRPV began operation in September 1986.
    Despite being on-the-air for 14 years, the station has no history of
    carriage on Comcast's cable systems. Given the statutory directive,
    consideration must be given to this factor, bearing in mind that the
    objective of the Section 614(h) process is to "better effectuate the
    purposes" of the broadcast signal carriage scheme. Thus, with
    respect to the question of historical carriage patterns, attention
    must be paid to the circumstances from which such patterns
    developed. Some stations have not had the opportunity to build a
    record of historical carriage for specific reasons that do not
    necessarily reflect a judgment as to the geography of the market
    involved. Therefore, the historical carriage factor -- to the extent
    such lack of carriage is reflective of factors outside of the shape
    of the market -- is not by itself controlling in these circumstances
    because such an implementation of the 1992 Cable Act would, in
    effect, prevent weaker stations, that cable systems had previously
    declined to carry, from ever obtaining carriage rights. In this
    instance, we note that, along with KRPV, no other station licensed
    to Roswell has ever been carried on Comcast's cable systems, nor,
    apparently, on any other nearby cable systems. Comcast's failure to
    carry other similarly-situated stations demonstrates a lack of nexus
    between KRPV and the subject cable communities.

19. **Grade B Coverage/Local Service.** A station's local service to
    cable communities is one of the relevant factors to consider in this
    particular case. It is not influenced by the type or age of the
    station involved or historical carriage. Service may be measured
    through geographic means: by examining the distance between the
    station and the cable communities subject to the deletion request
    and taking into account natural phenomena such as waterways,
    mountains and valleys which tend to separate communities. A
    station's broadcast of local programming, which has a distinct nexus
    to the cable communities, is also evidence of local service.
    Finally, a station's Grade A or Grade B contour coverage is an
    additional indicator of local service and we will weigh the presence
    or absence of such technical coverage accordingly.[^35] In the
    instant proceeding, KRPV does not satisfy any of the local coverage
    elements we find important in the market modification analysis. In
    this case, KRPV cites no examples of any programming specifically
    directed to the subject communities, but instead contends that its
    24-hour religious format provides valuable programming services to
    the communities. We are not convinced that such programming, while
    of potential general interest, is the kind that suggests that the
    subject communities, in total, are a particular focus of the station
    or are in any sense served in a manner that establishes a specific
    market connection. Further, the cable communities in question lie
    outside of KRPV's predicted Grade B contour and are, on average,
    approximately 200 miles from KRPV's city of license. While KRPV has
    argued that its ability to deliver a good quality signal via
    satellite should countermand its lack of Grade B coverage, we note
    that a station's ability or lack of ability to deliver an adequate
    signal is not an issue which is relevant in a modification
    proceeding.[^36]

20. **Carriage of Other Stations.** We also believe that Comcast's
    carriage of other local television stations provides support for the
    action requested. Where a cable operator is seeking to delete a
    station's mandatory carriage rights in certain communities, the
    issue of local coverage by other stations becomes a factor to which
    we will give greater weight than in cases where a party is seeking
    to add communities. In this case, we find that the Albuquerque
    stations carried by Comcast have a closer nexus to the cable systems
    herein than does KRPV. These market facts, coupled with the distance
    between the cable system and KRPV, support Comcast's modification
    request under the third factor.

21. **Viewership.** Nielsen's *1997 County/Coverage Study* fails to
    indicate any viewership for KRPV in the counties in which the
    subject cable communities are located. This dearth of viewership is
    of evidentiary significance when tied with the lack of historical
    carriage and Grade B coverage.

22. After carefully considering each statutory factor in the context of
    the circumstances presented here, as well as other relevant
    information, we grant Comcast's modification request. Based on
    geography, we believe that the cable communities herein are
    sufficiently removed from KRPV that they ought not be deemed part of
    KRPV's market for mandatory carriage purposes.[^37] According to the
    legislative history of the 1992 Cable Act, the use of DMA market
    areas is intended "to ensure that television stations be carried in
    the areas which they service and which form their economic
    market."[^38] Changes may be sought and granted by the Commission
    "to better effectuate the purposes" of the mandatory carriage
    requirements."[^39] Moreover, given the evidence as to the lack of
    Grade B coverage, the lack of viewership in the cable communities at
    issue, the lack of historic carriage, and the absence of evidence
    indicating that KRPV provides local programming, we conclude that
    deletion of Comcast's cable communities from KRPV's market for
    mandatory carriage purposes effectuates the purposes of Section 614
    of the Communications Act.

23. Finally, we note that KRPV is misplaced in its contention that, due
    to the evidence Comcast presented delineating the differences
    between the Albuquerque and Roswell markets, grant of Comcast's
    petition will remove the entire Roswell market from its inclusion in
    the Albuquerque DMA. The evidence Comcast presented was merely
    pursuant to the new information parameters allowed in the
    *Modification Final Report and Order.* Our action herein is specific
    only to KRPV and the cable communities set forth in the Order.

## Must Carry Complaint

24. In view of our decision in Comcast's modification petition set forth
    in paragraph 22 above, the arguments raised by Comcast and KRPV in
    reference to the above-described must carry complaint are now moot.
    As such, KRPV's must carry complaint will be dismissed.

# ORDERING CLAUSES

25. 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-5508-A), filed by Comcast
    Cablevision of New Mexico, Inc. **IS GRANTED.**

26. **IT IS FURTHER ORDERED**, that the must carry complaint filed
    December 21, 1999, on behalf of Prime Time Christian Broadcasting,
    Inc. **IS DISMISSED.**

27. These actions are taken pursuant to authority delegated by Section
    0.321 of the Commission's rules.[^40]

    FEDERAL COMMUNICATIONS COMMISSION

    Deborah Klein, Chief

    Consumer Protection and Competition Division

    Cable Services Bureau

[^1]: ^?^The cable system headends and the communities each serves are
    as follows: a) Albuquerque -- Albuquerque, Los Ranchos de
    Albuquerque, Corrales, Kirtland AFB, and Bernalillo County; b)
    Bernalillo -- Bernilillo and Sandoval County; c) Bosque Farms --
    Bosque Farms, Peralta and Valencia County; d) Grants -- Grants,
    Milan, Cibola County, San Rafael and Bluewater; e) Placitas --
    Placitas; f) Socorro -- Socorro; g) Thoreau -- Thoreau; and h)
    Tijeras -- Tijeras, Bernalillo County, Moriarty, Santa Fe County,
    Isleta, Cedar Crest, Sandia Park and Edgewood.

[^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).
    Until January 1, 2000, Section 76.55(e) of the Commission's rules
    provided that Arbitron's "Areas of Dominant Influence," or ADIs,
    published in the *1991-1992 Television Market Guide,* "be used to
    implement the mandatory carriage rules. Effective January 1, 2000,
    however, Section 76.55(e) now requires that a commercial broadcast
    television station's market be defined by Nielsen Media Research's
    DMAs. For the must-carry/retransmission consent elections that took
    place on October 1, 1999, commercial television stations were
    required to make their elections based on DMAs. *See 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]: ^?^*Must Carry Order,* 8 FCC Rcd 2965, 2976 (1993).

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

[^8]: ^?^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.

[^9]: ^?^47 C.F.R. §76.59(b).

[^10]: ^?^H.R. Rep. 102-628, 102d Cong., 2d Sess. 97-98 (1992).

[^11]: ^?^*Must Carry Order,* 8 FCC Rcd 2965, 2977 n. 139.

[^12]: ^?^47 C.F.R. §76.59.

[^13]: ^?^Petition at Exhibit A.

[^14]: ^?^*Id.* at 3.

[^15]: ^?^*Id.* at Exhibit C.

[^16]: ^?^*See e.g., Armstrong Utilities, Inc.,* 12 FCC Rcd 2498
    (1997)(63-89 kilometers); *A-R Cable Services, Inc.,* 11 FCC Rcd
    21080 (1996)(77 kilometers); and *Time Warner Cable,* 11 FCC Rcd
    13149 (1996)(72 kilometers).

[^17]: ^?^Petition at Exhibit C.

[^18]: ^?^*See* *Rifkin/Naragansett of South Florida, CATV Limited
    Partnership,* 11 FCC Rcd 21090, 21104 (1996).

[^19]: ^?^Petition at 6. Comcast points in particular to stations KCHF,
    KAZQ and KNAT, which together provide at least eleven programs that
    also air on KRPV.

[^20]: ^?^*Id.* at 7.

[^21]: ^?^*See Roswell Chamber of Commerce* \@www.roswellnm.org.

[^22]: ^?^Petition at 8 citing *Broadcasting and Cable Yearbook 1999.*

[^23]: ^?^ *Id.,* citing *1999 Commercial Atlas & Marketing Guide.*

[^24]: ^?^*See e.g., Time Warner Cable,* 10 FCC Rcd 936, 938 (1995),
    citing *Amendment of Part 76, Subparts A and D of the Commission's
    Rules and Regulations Relative to Adding a New Definition for
    "Specialty Stations" and "Specialty Format Programming" and Amending
    the Appropriate Signal Carriage Rules,* First Report and Order, 58
    FCC 2d 442, 452 (1976), *recon. denied,* 60 FCC 2d 661 (1976).

[^25]: ^?^Opposition at 3.

[^26]: ^?^*Implementation of the Cable Television Consumer Protection
    and Competition Act of 1992, Broadcast Signal Carriage Issues,* 8
    FCC Rcd 2965, 2991 (1993)(*"Must Carry Clarification").*

[^27]: ^?^*Rifkin/Narragansett South Florida,* 11 FCC Rcd 21090, 21104
    n.59 (1996).

[^28]: ^?^P.L. 106-113, §1000(9), 113 Stat. 1501 (1999).

[^29]: ^?^Opposition at 5. KRPV states that Comcast's Exhibit identifies
    only 11 duplicated programs on KNAT, KCHF and KAZQ, which is only a
    small fraction of the 336 half-hour program segments KRPV broadcasts
    per week.

[^30]: ^?^*See Time Warner Cable,* 10 FCC Rcd 962, 964 n.15 (1995).

[^31]: ^?^*See Definition of Markets for Purposes of the Cable
    Television Mandatory Television Broadcast Signal Carriage Rules,*
    Report and Order and Further Notice of Proposed Rulemaking, 11 FCC
    Rcd 6201, 6220-6224 (1996)(*"Market Determinations").*

[^32]: ^?^Reply at 1.

[^33]: ^?^H.R. Rep. No. 102-628, 102d Cong., 2d Sess. 97 (1992).

[^34]: ^?^*Rifkin/Narragansett of South Florida,* 11 FCC Rcd 21090,
    21104 (1996).

[^35]: ^?^As a general matter, Grade B coverage demonstrates service to
    cable communities and serves as a measure of a station's natural
    economic market. *See Must Carry Order,* 8 FCC Rcd at 2977. *See
    also Amendment of Section 76.51 Orlando-Daytona Beach-Melbourne, and
    Cocoa, Florida,* Report and Order, 102 FCC 2d 1062, 1070 (1985)("We
    believe that television stations actually do or logically can rely
    on the area within their Grade B contours for economic support.")

[^36]: ^?^It should be noted that, in our review of the maps exhibits
    submitted by Comcast, we do not find that the petitioner's
    submissions accurately reflect the topographical features of the
    area represented. Since terrrain features were not an issue in this
    matter, however, these exhibits are not relevant to the decision
    herein.

[^37]: ^?^H.R. Rep. 102-628, 102d Cong., 2d Sess. 97-98 (1992).

[^38]: ^?^*Id.* at 97.

[^39]: ^?^47 U.S.C. §534(h).

[^40]: ^?^47 C.F.R. §0.321.