Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of:                | * | CSR-6142-M                   |
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| Star Broadcasting Limited        | ) |                              |
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| Brownwood Cable Television       | * |                              |
| Service, Inc.                    | * |                              |
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| Request for Mandatory Carriage   | * |                              |
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| Television Station KXVA-TV,      | * |                              |
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| Abilene, Texas                   | ) |                              |
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MEMORANDUM OPINION AND ORDER

**Adopted: August 12, 2003** **Released: August 15, 2003**

By the Deputy Chief, Policy Division, Media Bureau:

# Introduction

1.  Star Broadcasting Limited ("Star"), licensee of television broadcast
    station KXVA-TV, Abilene, Texas ("KXVA" or the "Station") filed the
    above-captioned must carry complaint against Brownwood Cable
    Television Service, Inc. ("Brownwood"), for failing to carry KXVA on
    three cable television systems serving Santa Anna; Rising Star/Cross
    Plains; and Clyde/Baird, Texas (the "cable communities"). Brownwood
    filed an opposition to which Star replied. For the reasons discussed
    below, we grant the complaint for must carry status on the cable
    systems serving Rising Star/Cross Plains and Clyde/Baird, Texas, and
    deny the remainder of the complaint.

# background

2.  Under Section 614 of the Communications Act of 1934, as amended, 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 KXVA are entitled
    to assert mandatory carriage rights on cable systems located within
    the station's market.[^1] A station's market for this purpose is its
    "designated market area," or DMA, as defined by Nielsen Media
    Research.[^2] The term DMA is a geographic market designation that
    defines each television market exclusive of others, based on
    measured viewing patterns.

3.  Section 614 of the Communications Act and the Commission's rules
    also limit the number of local commercial television stations a
    cable television system is required to carry. For example, if a
    cable system has 12 or fewer usable activated channels, it is only
    required to carry three local commercial television stations, and
    the cable operator has discretion in selecting the stations it
    carries.[^3]

4.  With regard to channel positioning rights, Section 614(b)(6) of the
    Communications Act and Section 76.57 of the Commission's rules
    provide commercial television stations electing must carry status
    with three channel positioning options. A station may elect to be
    carried on: (1) the channel number on which the station is broadcast
    over the air; (2) the channel number on which the station was
    carried on July 19, 1985; or (3) the channel number on which the
    station was carried on January 1, 1992. The Communications Act and
    the Commission's rules also provide that a broadcast station may be
    carried on any other channel number mutually agreed upon by the
    station and the cable operator.[^4]

# DISCUSSION 

5.  In support of its complaint, Star states that its television
    station, KXVA, is licensed to Abilene, Texas, which is in the
    Abilene-Sweetwater DMA. It further states that Brownwood operates
    three cable television systems serving Santa Anna; Rising Star/Cross
    Plains; and Clyde/Baird, Texas, which are also in the
    Abilene-Sweetwater DMA. Star contends that because KXVA is located
    within the same DMA as the cable communities, KXVA is entitled to
    mandatory carriage on the cable systems serving the communities.
    Star asserts that in September 2002 and February 2003, it formally
    requested that Brownwood commence carriage of KXVA's signal on
    channel 15, its over the air channel, or on an alternative channel
    on its cable systems in the cable communities, and that Brownwood
    failed to respond within 30 days.[^5] In its Opposition, Brownwood
    states that it has no legal obligation to carry KXVA on its Santa
    Anna cable system because it has already met is must carry
    obligations on that system. Brownwood further explains that the
    Commission's rules require cable systems with 12 or fewer channels
    to carry three local commercial television stations, and that its
    Santa Anna system only has 12 channels and currently carries three
    qualified local commercial stations.[^6] In its Reply, Star states
    that it "accepts the validity of Brownwood's averments, and hereby
    withdraws its Complaint *as to the Santa Anna cable system
    only*."[^7] Star also points out that Brownwood did not oppose
    carriage of KXVA on the other two cable systems, namely, the Rising
    Star and Clyde systems. Therefore, Star claims "that it is entitled
    to summary decision" in favor or carriage of KXVA on these systems
    under "Section 76.7(b)(2)(v) of the \[Commission's\] Rules
    ('Averments in a complaint are deemed to be admitted when not denied
    in the answer')."[^8]

6.  We grant Star's request to withdraw its complaint regarding that
    Santa Anna cable system, and grant its complaint regarding the
    Rising Star and Clyde cable systems. Brownwood's Rising Star and
    Clyde cable systems are located in the same DMA as KXVA. Further,
    Brownwood has not objected to Star's request for carriage on these
    two systems. Absent valid objection, KXVA is entitled to carriage on
    these two cable systems.

    **IV. ORDERING CLAUSES**

    **7**. Accordingly, **IT IS ORDERED**, pursuant to Section 614 of
    the Communications Act of 1934, as amended, and Section 76.56 of the
    Commission's rules,[^9] that the must carry complaint filed by Star
    Broadcasting Limited **IS GRANTED** to the extent indicated herein,
    and is otherwise **DENIED** without prejudice. Brownwood Cable
    Television Service, Inc. **IS ORDERED** to commence carriage of KXVA
    on its cable systems serving Rising Star/Cross Plains and
    Clyde/Baird, Texas within sixty (60) days of the release of this
    order.

    8\. **IT IS FURTHER ORDERED** that KXVA shall notify Brownwood in
    writing of its channel position election in accordance with Section
    76.57 of the Commission's rules with regard to the cable systems
    serving Rising Star/Cross Plains and Clyde/Baird within thirty (30)
    days of the release of this order.[^10]^0^

    9\. This action is taken under authority delegated by Section 0.283
    of the Commission's rules.[^11]^1^

    FEDERAL COMMUNICATIONS COMMISSION

    Steven A. Broeckaert

    Deputy Chief, Policy Division

    Media Bureau

[^1]: ^1^ ^1^ 8 FCC Rcd 2965, 2976-2977 (1993).

[^2]: ^2^ ^2^ 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) of the Commission's rules requires
    that a commercial broadcast television station's market be defined
    by Nielsen Media Research's DMAs. 47 C.F.R. § 76.55(e).

[^3]: ^3^ ^3^ 47 U.S.C. § 534(b)(1)-(2); 47 C.F.R. § 76.56(b)(1) and
    (4).

[^4]: ^4^ ^4^ 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57.

[^5]: ^5^ ^5^ Complaint at 1-3.

[^6]: ^6^ ^6^ Opposition at 1-2, s*ee supra* n.3.

[^7]: ^7^ ^7^ Reply at 2 (emphasis original).

[^8]: ^8^ ^8^ *Id.*

[^9]: ^9^ 47 U.S.C. §534; 47 C.F.R. §76.56.

[^10]: ^10^ 47 C.F.R. §76.57.

[^11]: ^11^ 47 C.F.R. § 0.283.