Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of:                | * | CSR-6238-A                   |
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| Lone Pine Television, Inc.       | ) | CSR-6199-M                   |
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| Petition For Modification of the | * | CSR-6043-M                   |
| Los Angeles,                     |   |                              |
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| California DMA                   | * |                              |
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| KVMD Licensee Co., LLC           | * |                              |
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| Lone Pine Television, Inc.       | * |                              |
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| Request for Carriage             | * |                              |
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| Rancho Palos Verdes              |   |                              |
| Broadcasters, Inc.               | * |                              |
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| Lone Pine Television, Inc.       | * |                              |
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+----------------------------------+---+------------------------------+

MEMORANDUM OPINION AND ORDER

**Adopted: November 7, 2003 Released: November 14, 2003**

By the Deputy Chief, Policy Division, Media Bureau:

# introduction

1.  Lone Pine Television, Inc. ("Lone Pine"), filed the above-captioned
    petition for special relief seeking to modify the Los Angeles,
    California designated market area ("DMA") with respect to television
    broadcast stations KVMD, Twentynine Palms, California ("KVMD"), KXLA
    (Ch. 44), Rancho Palos Verdes, California ("KXLA"), and KJLA (Ch.
    57), Ventura, California ("KJLA"). Specifically, Lone Pine requests
    that KVMD, KXLA and KJLA be excluded, for purposes of the cable
    television mandatory broadcast signal carriage rules, from its cable
    systems serving Lone Pine and Alabama Hills, California. KVMD
    Licensee Co., LLC, licensee of KVMD, and Rancho Palos Verdes
    Broadcasters, Inc., licensee of KXLA, filed a joint opposition to
    the petition to which Lone Pine replied. No opposition from KJLA was
    received. In associated filings, KVMD filed a must carry complaint
    against Lone Pine for its failure to carry its signal on the Lone
    Pine and Alabama Hills cable systems and Lone Pine has a pending
    petition for reconsideration of the Bureau's decision in *Rancho
    Palos Verdes Broadcasters, Inc. v. Lone Pine Television, Inc.,*
    which granted KXLA's complaint seeking carriage on Lone Pine's
    systems in the subject communities.[^1] KVMD's complaint is
    unopposed. An opposition to Lone Pine's petition for reconsideration
    was filed on behalf of KXLA to which Lone Pine replied. We are
    consolidating these cases in order to determine the signal carriage
    rights of KVMD and KXLA on the cable systems in question. For the
    reasons stated below, we grant Lone Pine's market modification and
    dismiss both KVMD's must carry complaint and Lone Pine's petition
    for reconsideration.

# background

2.  Pursuant to Section 614 of the Act and the 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. Each county in the United States
    is assigned 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 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]

    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 news 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]

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]

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.[^8]

4.  In the *Market* *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.[^9]

(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.[^10]

    Petitions for special relief to modify television markets that do
    not include the above evidence shall be dismissed without prejudice
    and may be refiled at a later date with the appropriate filing fee.
    The *Market* *Modification Final Report and Order* provides that
    parties may continue to submit whatever additional evidence they
    deem appropriate and relevant.

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```
5.  Pertinent to KVMD, in *Carriage of Digital Television Broadcast
    Signals* *First Report and Order* ("*DTV Must Carry Report and
    Order*"), the Commission concluded that under Section 614(a) of the
    Act, a digital-only television station has mandatory carriage
    rights, and amended the rules accordingly.[^11] The Commission has
    established a framework for analyzing market modifications for
    digital television stations.[^12] The Commission stated that
    Nielsen's market designations, publications, and assignments for the
    analog television market should continue to be binding on broadcast
    stations transitioning to digital television broadcasting. The
    presumption is that the market of the station's digital signal is
    coterminous with the station's market area for its analog signal
    during the transition period.[^13] The Commission also found that
    the statutory factors in Section 614(h), the current process for
    requesting market modifications, and the evidence needed to support
    such petitions, will be applicable to digital television
    modification petitions during the transition period when television
    stations broadcast both an analog signal and a digital signal.[^14]
    The Commission recognized that the technical coverage area of a
    digital television signal may not exactly replicate the technical
    coverage area of the analog television signal. Therefore, in
    deciding DTV market modification cases, the Commission stated that
    it would take into consideration changes in signal strength and
    technical coverage because of new digital television channel
    assignments and power limits. It concluded that all other matters
    concerning the modification process for digital television signals
    will be decided on a case-by-case basis.[^15]

# discussion

## KVMD

6.  KVMD states that it is an authorized full service digital UHF
    station whose city of license is Twentynine Palms, California, a
    community located in San Bernadino County, California.[^16] KVMD
    further states that its DTV facility is authorized to broadcast on
    Channel 23 and commenced operations, pursuant to special temporary
    authority, on July 29, 2002. KVMD adds that on June 1, 2003, it
    discontinued analog operations, and commenced digital-only
    operations, pursuant to Commission authorization.[^17] KVMD states
    that the Station and Lone Pine's cable systems are both located in
    the Los Angeles DMA. KVMD states that by certified letters dated May
    5, 2003, it elected and sought mandatory carriage on Lone Pine's
    cable systems. The Station asserts that Lone Pine failed to respond
    to KVMD's request within the required 30 days of receipt pursuant to
    Section 76.61(a)(2) of the Commission's rules.[^18] Lone Pine
    subsequently filed a petition for special relief seeking
    modification of KVMD's market. Lone Pine's market modification
    arguments are set forth below.

7.  **History of carriage.** Lone Pine asserts that KVMD's digital
    signal has no history of carriage on its cable systems.[^19] Lone
    Pine states that this lack of carriage is not surprising considering
    that KVMD is located over 200 miles away and cannot deliver a good
    quality signal to Lone Pine's principal headend.[^20] In its
    response, the Station asserts that two other cable operators,
    Adelphia Communications ("Adelphia") and Charter Communications
    ("Charter") have "understandings" with KVMD to carry its signal on
    their respective cable systems in the Los Angeles DMA.[^21]
    According to KVMD, Adelphia's and Charter's carriage of its signal
    demonstrates that Lone Pine's refusal to carry KVMD is not
    attributable to the station's lack of appeal to viewers in the
    communities or the location of the communities outside the scope of
    the station's market.[^22] Lone Pine asserts that KVMD's carriage by
    Adelphia and Charter is totally irrelevant because the closest of
    the Adelphia and Charter communities is well over 100 miles from the
    communities at issue.[^23] Lone Pine states that this only support's
    its argument that its communities are outside of KVMD's market.
    Finally, Lone Pine argues that there are no economic, shopping or
    labor connections between KVMD and the communities due to the
    geographic distance between Twentynine Palms and the
    communities.[^24]

8.  **Local Service.** Lone Pine asserts that KVMD fails to provide any
    coverage or local service to the subject communities.[^25] Lone Pine
    states its communities are approximately 120 miles outside the
    nearest edge of KVMD's digital service contour.[^26] Moreover, Lone
    Pine states that its communities are over 200 miles distant from
    Twentynine Palms, KVMD's city of license, and the Commission has
    previously excluded communities in market modification cases where
    the distances were considerably shorter.[^27] Lone Pine points out
    that the subject communities are also separated from KVMD by
    geographic barriers such as the Mojave Desert, Inyo National Forest,
    Sequoia National Forest, Red Rock Canyon, and the Sierra Nevada
    Mountains.[^28] In response, KVMD states that, under standards
    developed by the Commission in the analog context, Grade B coverage
    has generally been held to demonstrate a station's service to cable
    communities and to reflect a station's natural geographic
    market.[^29] KVMD concedes that it does not it does not provide
    digital service and that the communities are more than 100 miles
    distant, but it commits to provide, via alternative means of signal
    delivery, 41 dBu signal strength coverage to the cable
    communities.[^30] KVMD adds that, as evidenced by Adelphia's and
    Charter's willingness to carry its signal, KVMD is able to serve
    Lone Pine with a good quality signal.[^31] Lone Pine argues that
    KVMD's ability to deliver its signal via satellite does not negate
    the fact that the subject communities are so far removed from KVMD's
    service area that they are not part of the station's market.[^32]

9.  Lone Pine argues that KVMD does not carry any news, public affairs
    or public service programming and does not broadcast programming of
    specific interest to residents of the cable communities.[^33] KVMD
    counters that its programming has a "distinct nexus" to the cable
    communities at issue.[^34] It asserts that it carries a substantial
    amount of programming about horses and that there are many horse
    enthusiasts throughout the Los Angeles DMA.[^35] KVMD also states
    that it carries informational and "inspirational" local programming
    such as "Working Wardrobe," "This Week in Garden Grove," "City
    Beat," "Inland Empire Alive" for people living in San Bernadino and
    Riverside Counties.[^36] KVMD adds that it expects to launch a new
    locally produced news program directed at viewers throughout the Los
    Angeles DMA. Lone Pine asserts that KVMD has not provided sufficient
    evidence in the record to support its claim that the Station's
    programming serves the interests of viewers in the cable
    communities.[^37]

10. **Carriage of other local television stations.** Lone Pine asserts
    that it carries other Los Angeles DMA television stations that cover
    news, sporting events, and issues of concern to the cable
    communities.[^38] KVMD states that Lone Pine has made no showing
    that it currently carries any broadcast television station that
    offers the unique programming provided by KVMD, or that promises to
    deliver the multicultural news and community interest stories that
    the Station plans to offer in the near future.[^39]

11. **Viewing patterns.** Lone Pine asserts that KVMD's signal failed to
    achieve reportable off-air viewing in Inyo County, where the
    communities are located.[^40] Lone Pine asserts that the dearth of
    viewers is consistent with the distance between the communities and
    KVMD. KVMD argues that it should be treated as a new station for
    market modification purposes because it is under new ownership and
    because it is a new digital-only station.[^41] Based on these facts,
    KVMD states that viewership levels should not be accorded
    substantial weight in this proceeding.

12. Section 614(h)(1)(C) of the Communications Act authorizes the
    Commission to include or exclude particular communities from a
    television station's market for the purpose of ensuring that a
    television station is carried in the areas which it serves and which
    form its economic market.[^42] Section 614(h)(1)(C)(i) specifically
    and unambiguously directs the Commission, in considering requests
    for market modification, to afford particular attention to the value
    of localism by taking such matters into account.[^43] These
    principles apply to all television stations without regard to the
    mode in which the station broadcasts. KVMD urges us to adopt a new
    paradigm for market modification cases involving digital television
    stations. It asks us to abandon precedent and order a cable operator
    to carry a digital television signal if a subject television station
    promises to provide a good quality signal to the cable system's
    principal headend. KVMD's proposal is directly contrary to Section
    614(h).

13. Furthermore, the Commission has found that the statutory factors in
    Section 614(h), the current process for requesting market
    modifications, and the evidence needed to support such petitions,
    are applicable to digital television modification proceedings during
    the transition period.[^44] KVMD's proposal ignores the directives
    the Commission established over two years ago. KVMD did not petition
    the Commission to reconsider its conclusions on the application of
    Section 614(h) to digital television stations. It is inappropriate
    for KVMD to attempt to do so here, or in other market modification
    proceedings.

14. Lone Pine has presented evidence in the record to support its
    request. In this matter, KVMD has no history of carriage and no
    discernable viewership in the communities at issue. The record
    evidence also indicates that KVMD's analog signal, when it was
    broadcasting, was not carried and did not have viewership in the
    cable communities. Although KVMD claims to have carriage
    "understandings" in place with Adelphia and Charter, KVMD only
    provides a projected commencement schedule for Adelphia that
    indicates carriage of KVMD in various communities in the Los Angeles
    DMA beginning in August 2003 and ending in November 2003.[^45] It is
    not clear whether or where such carriage has actually commenced.
    Moreover, none of the Adelphia communities listed appears to be
    adjacent, or geographically proximate, to the Lone Pine communities.
    It is also evident that KVMD is geographically distant from the
    communities, that its digital coverage area falls far short of the
    cable communities, and that the Station is separated from the
    communities by mountain ranges, desert, and political boundaries.
    KVMD has also failed to rebut Lone Pine's showing with sufficient
    evidence that its programming has a distinct nexus to the cable
    communities. Moreover, we cannot credit KVMD's promised future local
    programming for purposes of the instant modification proceeding.
    Lone Pine has shown, however, that there are numerous local
    television stations that it currently carries that provide specific
    programming of interest to the cable communities.[^46] In
    conclusion, relying on case precedent for analog television station
    market modifications, the grant of Lone Pine's market modification
    request would effectuate the purposes of Section 614(h) of the Act.
    Because we find that KVMD is not local for mandatory carriage
    purposes, its must carry complaint is dismissed as moot.

## KXLA and KJLA

15. **History of Carriage.** Lone Pine states that neither KXLA nor KJLA
    have a history of carriage on the systems.[^47] Lone Pine asserts
    that this is not surprising since KXLA is located approximately 200
    miles away and KJLA approximately 175 miles precluding either
    station from delivering a good quality signal.[^48] In opposition,
    KXLA argues that it has only been operating for approximately two
    years and the Commission has repeatedly held with respect to new
    stations that lack of historical carriage is of little or no
    relevance in modification cases because, otherwise, such stations
    would be prevented from ever getting carriage.[^49] KXLA states that
    the Commission has also recognized that "because of their limited
    audience," specialty stations, such as KXLA, "have not been widely
    carried by cable operators absent must carry obligations."[^50] KXLA
    maintains that not only does Lone Pine's carriage of other stations
    broadcasting from the same geographic area as its station (*i.e.*,
    Mt. Wilson) weigh in favor of KXLA's carriage in the communities,
    but the situation is analogous to that described in *Comcast
    Cablevision of Danbury, Inc.,* where the Commission denied a request
    for exclusion because the station in question was part of the "hub"
    of the New York DMA.[^51] KXLA asserts that both Mt. Wilson and its
    community of license, Rancho Palos Verdes, can be considered hubs of
    the City of Los Angeles. Lone Pine argues in reply that the
    Commission previously rejected KXLA's "hub" argument in its decision
    in *Time Warner Entertainment/Advance-Newhouse Partnership d/b/a
    Time Warner* based on geographic distance, lack of Grade B coverage,
    multiple geographic barriers and no carriage of any other station
    licensed to Rancho Palos Verdes.[^52] In this instance, Lone Pine
    states that along with the other factors enumerated, the distances
    between the communities are even greater.[^53]

16. **Local Service.** Lone Pine asserts that, because of the extreme
    distance of the stations, KXLA and KJLA do not provide any coverage
    or local service to the subject communities.[^54] Lone Pine points
    out that the Commission has repeatedly emphasized that the failure
    to provide Grade B coverage is an important factor in a market
    modification analysis.[^55] Lone Pine states that its communities
    are approximately 120 and 125 miles, respectively, outside the
    nearest edge of KXLA's and KJLA's Grade B contours.[^56] Lone Pine
    states that, in addition to mileage, its communities are separated
    from Rancho Palos Verdes and Ventura, California by geographic
    barriers such as the San Gabriel Mountains, Tehachapi Mountains,
    Mojave Desert, Inyo National Forest, Red Rock Canyon, Angeles
    National Forest, Sequoia National Forest, Desert Tortoise National
    Area, Antelope Valley, the Sierra Nevada Mountains and the City of
    Los Angeles.[^57] KXLA argues that the instant proceeding presents a
    situation in which the Commission must look to factors beyond the
    technical Grade B contour requirement in considering coverage and
    local service. It points out that the Commission has stated that
    while "as a general matter Grade B coverage demonstrates service to
    cable communities and serves as a measure of a station's natural
    economic market, it is not an exclusive test."[^58] KXLA maintains
    that an emphasis on narrow geographic considerations is
    inappropriate here where the Asian-American communities that serve
    as KXLA's audience "form communities that cross city and county
    lines, transforming the entire Los Angeles market into groups of
    interrelated markets."[^59] Lone Pine argues that the insurmountable
    distance and geographic barriers in this case cannot be
    disregarded.[^60]

17. Lone Pine argues that KXLA and KJLA do not carry any news, public
    affairs or public service programming and do not broadcast
    programming of specific interest to the residents of the cable
    communities.[^61] Lone Pine also argues that there is no commercial
    connection between the cable communities and Rancho Palos Verdes and
    Ventura.[^62] KXLA argues that, in addition to daily children's
    programming, it provides unique locally-focused Asian-American
    language programming that Lone Pine should utilize for the benefit
    of its Asian-American subscribers.[^63] Lone Pine states that KXLA
    offers no evidence that it carries programming that is tailored to
    the subject communities.[^64] Lone Pine argues, however, that KXLA
    reliance on its Asian-American programming is irrelevant in this
    case because, according to 2000 Census data, Asians constitute a
    mere 1 percent of Lone Pine's population which is far below the 10.9
    percent figure for the rest of California.[^65]

18. **Carriage of other local television stations.** Lone Pine states
    that it carries many other Los Angeles DMA television stations that
    carry programming that covers news, sporting events and issues of
    concern to the communities.[^66] KXLA states that Lone Pine has made
    no showing that it currently carries any broadcast television
    stations that offer the unique programming provided by KXLA.[^67]

19. **Viewing Patterns.** Lone Pines asserts that KXLA's and KJLA's
    signals failed to achieve any reportable off-air viewing in Inyo
    County, where the communities are located.[^68] Lone Pine argues
    that the dearth of viewers is consistent with the distance between
    the communities and the stations. KXLA states that because it has
    only been on-the-air for two years it is still in the process of
    building its viewership. The Commission has recognized that it
    normally takes up to 3 years for a station to build viewership
    within its licensed area.[^69] KXLA maintains that, because of its
    specialty station status, the mitigating factors that apply to its
    lack of historic carriage should apply equally here.[^70]

20. With regard to KXLA and KJLA, Lone Pine has presented evidence to
    support its request. KXLA and KJLA have no history of carriage and
    no discernable viewership in the communities at issue. It does not
    appear that any proximate cable systems carry either KXLA or KJLA.
    In the case of KXLA, as a relatively new specialty station, we do
    not afford considerable weight to this deficiency. However, it is
    clear that KXLA, as well as KJLA, are geographically distant from
    the communities at 200 and 175 miles, respectively; that their
    predicted Grade B contours fall far short of the communities; and
    that the stations are separated from the communities by numerous
    geographic barriers such as the San Gabriel Mountains and the Inyo
    National Forest. These factors also tend to explain the history of
    non-carriage of the stations on Lone Pine's cable systems and
    strongly indicate that Lone Pine and Alabama Hills are too distant
    to properly be a part of KXLA's and KJLA's market. KXLA has argued
    that all of these factors are irrelevant because of the fact that it
    provides Asian-language programming for the benefit of the
    Asian-American population throughout the Los Angeles DMA and it
    cites *Fouce Amusement* in support.[^71] However, in *Fouce
    Amusement*, the Commission noted that the station in question
    provided the only locally-produced programming of particular appeal
    to the Asian community.[^72] In the instant matter, KXLA fails to
    provide any specific information or documentation regarding the
    orientation of its programming to the communities of Lone Pine and
    Alabama Hills. Because we find that KXLA is not local for mandatory
    carriage purposes, Lone Pine's petition for reconsideration of the
    Bureau's grant of KXLA's must carry complaint against Lone Pine is
    dismissed as moot. In addition, the Bureau's action granting KXLA's
    complaint against Lone Pine for carriage in Lone Pine and Alabama
    Hills is rescinded.

    **IV. ORDERING CLAUSES**

21. Accordingly, **IT IS ORDERED**, pursuant to Section 614(h) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 534(h), and
    Section 76.59 of the Commission's rules, 47 C.F.R. § 76.59, that the
    captioned petition for special relief (CSR-6238-A), filed by Lone
    Pine Television, Inc., **IS GRANTED.**

22. **IT IS FURTHER ORDERED**, pursuant to Section 614 of the
    Communications Act of 1934, as amended, 47 U.S.C. § 534, and Section
    76.61 of the Commission's rules, 47 C.F.R. § 76.61, that the must
    carry complaint filed by KVMD Licensee Co., LLC (CSR-6199-M) **IS
    DISMISSED.**

23. **IT IS FURTHER ORDERED**, pursuant to Section 1.106 of the
    Commission's rules, 47 C.F.R. § 1.106, that the petition for
    reconsideration filed by Lone Pine Television, Inc. (CSR-6043-M)
    **IS DISMISSED.**

24. **IT IS FURTHER ORDERED**, that the Bureau's April 11, 2003 action
    (DA 03-1154) granting the must complaint of Rancho Palos Verdes
    Broadcasters, Inc. (CSR-6043-M) **IS HEREBY RESCINDED.**

25. These actions are taken pursuant to delegated authority pursuant to
    Section 0.283 of the Commission's rules.[^73]

    FEDERAL COMMUNICATIONS COMMISSION

    Steven A. Broeckaert

Deputy Chief, Policy Division

Media Bureau

[^1]: ^?^18 FCC Rcd 7068 (2003).

[^2]: ^?^8 FCC Rcd 2965, 2976-2977 (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. 47
    C.F.R. § 76.55(e); *see Definition of Markets for Purposes of the
    Cable Television Broadcast Signal Carriage Rules*, 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]: ^?^*Id.*

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

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

[^9]: ^?^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.

[^10]: ^?^47 C.F.R. § 76.59(b).

[^11]: ^?^*See* 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4).
    The Commission has held that a television station may elect to have
    its digital signal carried in an analog format by local cable
    systems. The Commission concluded that for purposes of supporting
    the conversion to digital signals and facilitating the return of the
    analog spectrum, a television station may demand that one of its
    high definition digital ("HDTV") or standard definition digital
    ("SDTV") television signals be carried on the cable system for
    delivery to subscribers in an analog format. *DTV Must Carry Report
    and Order*, 16 FCC Rcd at 2630.

[^12]: ^?^*See Id.* at 2635-36.

[^13]: ^?^We note that in adopting technical rules for the digital
    transmission of broadcast signals, the Commission attempted to
    insure that a station\'s digital over-the-air coverage area would
    replicate as closely as possible its current over-the-air analog
    coverage area. *See* *Sixth DTV Report and Order*, 12 FCC Rcd 14588,
    14605 (1997).

[^14]: ^?^*See DTV Must Carry Report and Order*, 16 FCC Rcd at 2636.

[^15]: ^?^*Id.*

[^16]: ^?^Twentynine Palms is on the eastern edge of the Los Angeles
    DMA.

[^17]: ^?^KVMD Must Carry Complaint at 2, citing *KVMD(TV), Twentynine
    Palms, CA*, DA 03-1481 (rel. May 1, 2003).

[^18]: ^?^47 C.F.R. § 76.61(a)(2).

[^19]: ^?^Modification at Exhibit 1.

[^20]: ^?^*Id.* at 9.

[^21]: ^?^Opposition at 7 and Exhibit C.

[^22]: ^?^*Id.* at 8.

[^23]: ^?^Reply at 7.

[^24]: ^?^Modification at 13.

[^25]: ^?^Modification at 9.

[^26]: ^?^*Id.,* citing contour maps appended to Mediacom California LLC
    market modification (CSR-6222-A).

[^27]: ^?^*Id.* at 10, citing *Time Warner Entertainment/Advance
    Newhouse Partnership,* 18 FCC Rcd 4990 (2003) (105-118 miles);
    *Avenue TV Cable Service,* 16 FCC Rcd 16436 (2001) (85 miles);
    *Greater Worcester Cablevision, Inc.,* 13 FCC Rcd 22220 (1998)
    (39-70 miles); *Mid-Hudson Cablevision, Inc.,* 15 FCC Rcd 5011
    (2000) (31-70 miles).

[^28]: ^?^*Id.* at 11 and Exhibit K.

[^29]: ^?^Opposition at 8, citing *First Report and Order and Further
    Notice of Proposed Rulemaking,* 16 FCC Rcd 2598, 2977 (2001); *see
    also* 47 C.F.R. § 73.622(e).

[^30]: ^?^Opposition at 8-9.

[^31]: ^?^KVMD states that Adelphia currently carries its signal on ten
    cable system and has agreed to carry it on substantially all of the
    Adelphia's systems by November 2003. *See* Opposition at Exhibit C,
    Declaration of Mr. Ronald L. Ulloa, President of KVMD.

[^32]: ^?^Reply at 7.

[^33]: ^?^Modification at 11.

[^34]: ^?^Opposition at 11 and Exhibits D-F.

[^35]: ^?^*Id.*

[^36]: ^?^*Id.*

[^37]: ^?^Reply at 8.

[^38]: ^?^Modification at 12.

[^39]: ^?^Opposition at 15.

[^40]: ^?^Modification at Exhibit N.

[^41]: ^?^Opposition at 15-16.

[^42]: ^?^47 U.S.C. § 534(h)(1)(C).

[^43]: ^?^47 U.S.C. § 534(h)(1)(C)(i).

[^44]: ^?^*See DTV Must Carry Report and Order*, 16 FCC Rcd at 2636.

[^45]: ^?^*See* Opposition at Exhibit C.

[^46]: ^?^*See* Modification at 12.

[^47]: ^?^Modification at Exhibits A and P.

[^48]: ^?^*Id.* at 3 and 15.

[^49]: ^?^Opposition at 17, citing *Time Warner Entertainment Co.,
    L.P.,* 12 FCC Rcd 22069, 22077 (1997); *Horizon Broadcasting
    Corporation,* 12 FCC Rcd 11634, 11638 (1997); *Time Warner Cable,*
    11 FCC Rcd 8047, 8053-54 (1996).

[^50]: ^?^*Id.,* citing *CoxCom, Inc.,* 17 FCC Rcd 17192, 17195 (2002).

[^51]: ^?^*Id.* at 17-18, citing 18 FCC Rcd 274, 278 (2003).

[^52]: ^?^Reply at 3, citing 18 FCC Rcd 4490 (2003).

[^53]: ^?^*Id.* Lone Pine points out that in *Time Warner* the distances
    were 105-118 miles while here the distance is 200 miles.

[^54]: ^?^Modification at 4 and 15.

[^55]: *Id.,* citing *Dynamic Cablevision of Florida,* 11 FCC Rcd 9880
    (1992); *Rancho Palos Verdes Broadcasters, Inc.,* 18 FCC Rcd 9589
    (2003).

[^56]: ^?^*Id.*

[^57]: ^?^*Id.* at 5 and 16.

[^58]: ^?^Opposition at 21, citing *Suburban Cable TV Co., Inc.,* 16 FCC
    Rcd 10790, 10797 (2001) (citing *Must Carry Order,* 8 FCC Rcd at
    2977).

[^59]: ^?^*Id.,* citing *Fouce Amusement Enterprises, Inc.,* 10 FCC Rcd
    668, 670 (1995).

[^60]: ^?^Reply at 4.

[^61]: ^?^Modification at 5-6 and 17.

[^62]: ^?^*Id.* at 8 and 19.

[^63]: ^?^Opposition at 22 and Exhibit K.

[^64]: ^?^Reply at 5.

[^65]: ^?^*Id.* at Exhibit A.

[^66]: ^?^Modification at 7 and 18.

[^67]: ^?^Opposition at 22-23.

[^68]: ^?^Modification at Exhibits G and V.

[^69]: ^?^Opposition at 24, citing *Avenue TV Cable Services, Inc.,* 16
    FCC Rcd 16436, 16445 (2001).

[^70]: ^?^*Id.,* citing *The Chronicle Publishing Company,* 10 FCC Rcd
    9474, 9482 (1995).

[^71]: ^?^Opposition at 21.

[^72]: ^?^The Commission's ruling in *Fouce Amusement* was not decided
    on the issue of foreign-language programming. In that matter, *inter
    alia,* the cable communities were located within the City Grade
    coverage of the station at issue. *See Fouce Amusement,* 10 FCC Rcd
    at 671.

[^73]: ^?^47 C.F.R. § 0.283.