**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of:                | *  | CSR-6951-M                   |
|                                  | *) |                              |
| Encuentro Christian Network,     | ** | CSR-6955-M                   |
|                                  |    |                              |
| International Broadcasting       | *  | CSR-6967-M                   |
| Corporation, and                 | *) |                              |
|                                  | ** | CSR-6970-M                   |
| R y F Broadcasting Inc.          |    |                              |
|                                  | *  | CSR-6971-M                   |
| v\.                              | *) |                              |
|                                  | ** | CSR-6973-M                   |
| DirecTV Latin America, LLC, and  |    |                              |
|                                  | *  | CSR-6974-M                   |
| EchoStar Satellite, LLC          | *) |                              |
|                                  | ** | CSR-6975-M                   |
| Requests for Mandatory Carriage  |    |                              |
|                                  | *  | CSR-6976-M                   |
|                                  | *) |                              |
|                                  | ** | CSR-6977-M                   |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: March 31, 2006 Released: April 4, 2006**

By the Deputy Chief, Media Bureau:

# Introduction AND BACKGROUND

1.  The three above-captioned licensees (the "Petitioners") of five
    different television broadcast stations (collectively, the
    "Stations")[^1] each filed Complaints against DirecTV Latin America,
    LLC and EchoStar Satellite, LLC (the "Satellite Carriers") pursuant
    to Section 338 of the Communications Act of 1934, as amended (the
    "Act"), and Section 76.66 of the Commission's rules.[^2] The
    Complaints are based on the Satellite Carriers' refusal to carry the
    Stations' signals on the Satellite Carriers' satellite systems, and
    in light of the similar facts and issues presented in the
    Complaints, we consolidate them for purposes of this action.
    Specifically, the Petitioners argue that the Satellite Carriers are
    required to carry the Stations' signals pursuant to Section 210 of
    the Satellite Home Viewer Extension and Reauthorization Act of 2004
    ("SHVERA").[^3] The Satellite Carriers filed Oppositions to the
    Complaints, and the Petitioners each filed Replies. For the reasons
    discussed below, we deny the Complaints.

# DISCUSSION

2.  Section 338(a)(1) of the Act, adopted as part of the Satellite Home
    Viewer Improvement Act of 1999 ("SHVIA"),[^4] requires satellite
    carriers to carry upon request all local television broadcast
    stations' signals in local markets in which the satellite carrier
    carries at least one local television broadcast signal pursuant to
    the statutory copyright license.[^5] A station's market for
    satellite carriage purposes is its Designated Market Area, or DMA,
    as defined by Nielsen Media Research.[^6] Puerto Rico is not listed
    by Nielsen as a DMA.[^7] In the instant case, the Petitioners do not
    allege that they are entitled to carriage under Section 338(a)(1),
    but rather under Section 338(a)(4). The procedure for requesting
    carriage pursuant to Sections 338(a)(1) and 338(a)(4) is the same
    under the Commission's rules,[^8] as detailed below.

3.  Section 338(a)(4) of the Communications Act, as amended by Section
    210 of SHVERA, requires satellite providers with more than 5,000,000
    subscribers to retransmit "signals of each television broadcast
    station located in any local market within a State that is not part
    of the contiguous United States."[^9] In our *Alaska-Hawaii Report
    and Order*, we recognized that the phrase "State that is not part of
    the contiguous United States," is susceptible to different
    interpretations because the Communications Act defines "State" to
    include all territories and possessions, whereas the "literal and
    colloquial" interpretation of "State" would include only the
    forty-eight contiguous states, the District of Columbia, Alaska and
    Hawaii.[^10] We ultimately concluded that, "Section 338(a)(4)'s use
    of the phrase 'State that is not part of the contiguous United
    States' was not meant to include the noncontiguous territories and
    possessions, but instead was meant to refer only to the States of
    Alaska and Hawaii."[^11] The Petitioners filed a petition for
    reconsideration of that conclusion.[^12] Despite the Commission's
    conclusion, the Petitioners requested carriage on the Satellite
    Carriers' systems pursuant to Section 338(a)(4), and those requests
    were denied.[^13]

4.  If a satellite carrier denies a local station's carriage request, it
    must notify the station within 30 days of the carrier's receipt of
    the carriage request.[^14] Otherwise, local television stations must
    be carried by the later of 90 days from the satellite carrier's
    receipt of the station's election request or upon commencing
    local-into-local service in the new television market.[^15] If a
    local television broadcast station believes that a satellite carrier
    has failed to meet its obligations under Section 338 of the Act or
    the Commission's implementing regulations, such station shall first
    notify the carrier, in writing, of the alleged failure and identify
    its reasons for believing that the satellite carrier failed to
    comply with such obligations.[^16] Within 30 days after such written
    notification, the satellite carrier shall respond in writing and
    comply with such obligations or state its reasons for believing that
    it is in compliance with such obligations.[^17] If Commission action
    is necessitated, as the Petitioners allege here, a broadcast station
    may file a complaint with the Commission within 60 days after the
    satellite carrier submits a final rejection of a broadcast station's
    carriage request.[^18] If a satellite carrier provides no response
    to a mandatory carriage election, the 60 days commences after the
    time for responding as required by the rule has elapsed.[^19]

5.  The Petitioners assert that they are entitled to carriage pursuant
    to Section 338(a)(4) of the Communications Act. The Complaints raise
    no new issues other than those already considered and addressed in
    the *Alaska-Hawaii Report and Order*, however, nor do the
    Petitioners allege that the Satellite Carriers are acting
    inconsistently with our rules. Rather, the Petitioners filed these
    complaints to preserve their rights to gain must-carry status during
    the current election cycle.[^20] These Complaints seek remedies
    inconsistent with our *Alaska-Hawaii Report and Order* and our
    rules, and therefore we have no basis on which to grant such relief
    at this time. In the event that the Commission grants the
    Petitioners' pending petition for reconsideration of the
    *Alaska-Hawaii Report and Order*, affected broadcast stations would
    have the right to request carriage outside of the standard election
    cycle. This action should not be seen as a review of our rulemaking
    in the *Alaska-Hawaii Report and Order*, nor as an indication of the
    outcome of any pending petitions for reconsideration of that item.

# ordering clauses 

6.  Accordingly, **IT IS ORDERED**, pursuant to Section 338 of the
    Communications Act, as amended, 47 U.S.C. § 338, and Section 76.66
    of the Commission's rules, 47 C.F.R. §§ 76.66, that the carriage
    complaints filed by Encuentro Christian Network, International
    Broadcasting Corporation, and R y F Broadcasting Inc., against
    EchoStar Satellite, LLC and DirecTV Latin America, LLC **ARE
    DENIED**.

7.  This action is taken pursuant to authority delegated by Section
    0.283 of the Commission's rules, 47 C.F.R. § 0.283.

    FEDERAL COMMUNICATIONS COMMISSION

    William H. Johnson Deputy Chief, Media Bureau

[^1]: The Stations are: WRFB-TV, Carolina, PR; WECN-TV, Naranjito, PR;
    WTCV-TV, San Juan, PR; WVEO-TV, Aguadilla, PR; and WVOZ-TV, Ponce,
    PR.

[^2]: 47 U.S.C. § 338; 47 C.F.R. § 76.66.

[^3]: The Satellite Home Viewer Extension and Reauthorization Act of
    2004, Pub. L. No. 108-447, § 210, 118 Stat. 2809, 3429-3430
    (codified as 47 U.S.C. § 338(a)(4) (2004)).

[^4]: *See* Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545
    (Nov. 29, 1999).

[^5]: *See* 47 U.S.C. § 338.

[^6]: A DMA is a geographic area that describes each television market
    exclusive of others, based on measured viewing patterns. See 17
    U.S.C. § 122(j)(2)(A)-(C).

[^7]: For the purposes of cable carriage, Puerto Rico, the U.S. Virgin
    Islands, and Guam are each considered a single market for the
    purposes of Section 338(a)(1). 47 C.F.R. § 76.55(e)(1). This rule
    does not apply to satellite local markets.

[^8]: See 47 C.F.R. § 76.66.

[^9]: 47 U.S.C. § 338(a)(4) (2006).

[^10]: *Implementation of Section 210 of the Satellite Home Viewer
    Extension and Reauthorization Act of 2004 to Amend Section 338 of
    the Communications Act*, FCC 05-159, ¶ 9 (rel. Aug. 23, 2005)
    ("*Alaska-Hawaii Report and Order*").

[^11]: *Id.* at ¶ 10. *See also,* 47 C.F.R. § 76.66(b)(2).

[^12]: *See* International Broadcasting Corporation *et al.*, Petition
    for Reconsideration, MB Docket No. 05-181 (filed Sept. 22, 2005).

[^13]: *See, e.g*., Complaint of International Broadcasting, licensee of
    WVOZ-TV, against EchoStar Satellite, LLC at Appendices A & B,
    Complaint of R y F Broadcasting Inc., licensee of WRFB-TV, against
    EchoStar Satellite, LLC at Appendices A & B.

[^14]: *See* 47 C.F.R. § 76.66(d)(2)*.*

[^15]: *See* 47 C.F.R. § 76.66(d)(2)(iii).

[^16]: *See* 47 U.S.C. § 338(f)(1); *see also* 47 C.F.R. § 76.66(m)(1).

[^17]: *See* 47 C.F.R. § 76.66(m)(2).

[^18]: *See* 47 C.F.R. § 76.66(m)(6).

[^19]: *See DBS Mandatory Carriage Reconsideration Order*, 16 FCC Rcd at
    16574.

[^20]: *See, e.g.*, Complaint of International Broadcasting, licensee of
    WTCV-TV, against EchoStar Satellite, LLC at 3, Complaint of R y F
    Broadcasting Inc., licensee of WRFB-TV, against DirecTV Latin
    America, LLC at 3, Reply to Opposition to Carriage Complaint of
    Encuentro Christian Network, licensee of WECN-TV, against EchoStar
    Satellite, LLC at 2. As the Petitioners assert, Section 76.66(m)(6)
    of the Commission's rules prohibits television station licensees
    from filing complaints later than 60 days after a satellite carrier
    denies that television station's carriage request. 47 C.F.R. §
    76.66(m)(6).