Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of:                | * | CSR-5664-M                   |
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| Channel 64 of Scranton, Inc.     | ) |                              |
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| Blue Ridge Communications        | * |                              |
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| Request for Carriage             | ) |                              |
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MEMORANDUM OPINION AND ORDER

**Adopted: July 12, 2001** **Released: July 17, 2001**

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

# INTRODUCTION

1.  Channel 64 of Scranton, Inc., licensee of television broadcast
    station WQPX (Ch. 64), Scranton, Pennsylvania ("WQPX"), filed the
    above-captioned complaint against Blue Ridge Communications ("Blue
    Ridge"), for its failure to carry WQPX on its cable system serving
    Stroudsburg, Pennsylvania and surrounding environs.[^1] An
    opposition to this petition was filed on behalf of Blue Ridge to
    which WQPX replied.

# 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.

# DISCUSSION 

3.  In support of its complaint, WQPX states that it requested carriage
    on Blue Ridge's system by letter dated December 21, 2000.[^4] WQPX
    states that although Blue Ridge was obligated, pursuant to Section
    76.61(a)(2) of the Commission's rules, to respond to this request
    within thirty days, stating its reasons if it failed to carry the
    station, its first response did not include the test results of
    WQPX's signal the system had indicated in an earlier phone call that
    it would perform.[^5] WQPX states that only after a second letter to
    Blue Ridge did the system provide the results of the signal tests it
    conducted which appear to indicate that WQPX did not provide a good
    quality signal to the Stroudsburg headend.[^6] WQPX states that it
    is filing its complaint within 60 days of Blue Ridge's failure to
    properly respond to the initial request for carriage.

4.  WQPX argues that it is a qualified local commercial television
    station located in the Wilkes Barre-Scranton, Pennsylvania DMA as
    are the communities served by Blue Ridge. WQPX states that it is
    therefore entitled to carriage on Blue Ridge's system if its
    carriage does not increase the cable operator's copyright liability
    and it either delivers a good quality signal to the system's
    principal headend or agrees to be responsible for the costs of any
    equipment necessary to ensure the delivery of a signal of sufficient
    strength.[^7] WQPX asserts that it meets both of these
    qualifications -- its carriage will not increase Blue Ridge's
    copyright liability and, in light of the signal strength tests which
    appear to indicate that WQPX does not currently deliver an adequate
    signal, WQPX states that it agrees to assume the costs of delivering
    a good quality signal to Blue Ridge's principal headend. WQPX
    therefore requests that the Commission order Blue Ridge to cooperate
    with WQPX in its efforts to deliver a good quality signal and to
    commence carriage of its station.

5.  In opposition, Blue Ridge argues that the signal strength tests it
    conducted on four separate occasions on March 29, 2001 indicate that
    WPXB failed to provide any detectable visual or audio signal at the
    Stroudsburg headend.[^8] Indeed, Blue Ridge indicates that it was
    only able to pick up WQPX's signal broadcast through a nearby
    translator station, W64AI, which rebroadcasts the signal of
    in-market station WBRE-TV, Channel 28.[^9] Blue Ridge maintains that
    it followed good engineering practices in testing WQPX's signal
    strength and that the tests comply with the Commission's timing
    requirements. In light of its probative engineering documentation
    that WQPX fails to provide a good quality signal, Blue Ridge argues
    that it should not be required to carry WQPX unless and until WQPX
    provides a good quality signal to the system's principal headend.

6.  In reply, WQPX states that Blue Ridge's sole basis for opposition is
    that the complaint should be dismissed because WQPX does not provide
    a good quality signal. However, WQPX points out that it made the
    commitment in its complaint to provide, at its own cost, whatever
    equipment would be necessary to ensure the delivery of a good
    quality signal and the Commission has held that a station's
    commitment to provide a good quality signal as part of its must
    carry complaint is sufficient.[^10] WQPX contends that it filed its
    carriage complaint simply to protect its right to carriage.

7.  We grant WQPX's complaint. A review of the signal strength tests of
    WQPX's signal provided by Blue Ridge indicates that the tests were
    conducted employing good engineering practices and demonstrate that
    WQPX does not presently provide a good quality signal at Blue
    Ridge's principal headend. We note, however, that WQPX 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, whatever
    equipment is necessary to ensure the delivery of a good quality
    signal to a cable system's principal headend.[^11] WQPX has made
    this commitment and by doing so will be eligible to be carried by
    Blue Ridge when it provides a signal which meets the Commission's
    signal strength criteria. In view of the foregoing, we find the
    grant of WQPX's complaint to be in the public interest.

# ORDERING CLAUSES

8.  Accordingly, **IT IS ORDERED** that the petition filed by Channel 64
    of Scranton, Inc. **IS GRANTED** pursuant to Section 614(d)(3) of
    the Communications Act of 1934, as amended (47 U.S.C. §534). Blue
    Ridge Communications, **IS ORDERED** to commence carriage of WQPX on
    its cable system serving Stroudsburg, Pennsylvania and surrounding
    environs sixty (60) days from the date on which WQPX provides a good
    quality signal to Blue Ridge's principal headend.

9.  **IT IS FURTHER ORDERED** that WQPX shall notify Blue Ridge in
    writing of its carriage and channel position elections (§§76.56,
    76.57, and 76.64(f) of the Commission's rules) within thirty (30)
    days of the date it provides a good quality signal.

10. This action is taken pursuant to authority delegated by Section
    0.321 of the Commission's rules.

    FEDERAL COMMUNICATIONS COMMISSION

    Deborah Klein, Chief

    Consumer Protection and Competition Division

    Cable Services Bureau

[^1]: ^?^Petition at Exhibit 1.

[^2]: ^?^8 FCC Rcd 2965, 1976-2977 (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. *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]: ^?^Petition at Exhibit 2.

[^5]: ^?^47 C.F.R. §76.61(a)(2). *See also* Petition at Exhibit 3.

[^6]: ^?^Petition at Exhibits 4 and 5.

[^7]: ^?^47 U.S.C. §534(h)(1)(B)(ii)-(iii); 47 C.F.R. §76.55(c)(2)-(3).

[^8]: ^?^Opposition, Declaration of Richard A. Semmel, General Manager
    of Blue Ridge.

[^9]: ^?^*Id.*

[^10]: ^?^*See e.g., Hispanic Keys Broadcasting Corp. v. Adelphia Cable
    Partners, L.P. d/b/a Adelphia Communications,* 13 FCC Rcd 15061
    (2000); and *Jasas Corporation v. Tele-Media Company,* 14 FCC RCd
    7059 (1999).

[^11]: ^?^47 C.F.R. §76.55(c)(3).