********************************************************    
                         NOTICE
********************************************************

This document was converted from
WordPerfect to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.

*****************************************************************
                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In re:                          )
                                )
Complaint of Louisiana Christian )      CSR-4870-M
Broadcasting, Inc. against TCA  )
Management Company              )
                                )
Request for Carriage            )

                  MEMORANDUM OPINION AND ORDER

   Adopted:  March 5, 1997                   Released:  March 11, 1997

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

                           INTRODUCTION

1.   On December 2, 1996, Louisiana Christian Broadcasting, Inc., licensee of Station KMCT-TV
(Ind., Ch. 39), West Monroe, Louisiana, filed a "Complaint" with the Commission, pursuant to
76.61 of the Commission's Rules, claiming that, despite repeated requests, TCA Management
Company ("TCA"), operator of a cable system serving fifteen communities in Louisiana has refused
to carry KMCT-TV, even though the station and TCA's system are both located in the Monroe,
Louisiana-El Dorado, Arkansas ADI.  This complaint is unopposed.

                       SUMMARY OF PLEADINGS

2.   In support of its request, KMCT-TV states that it requested carriage on TCA's system by
letter dated September 17, 1996.  Further, KMCT-TV states that TCA refused carriage in an October
1, 1996 response, alleging that the station failed to provide a good quality signal at its system's
headends.  However, KMCT-TV points out that TCA's allegation of poor signal quality was
unsupported by any signal quality tests performed pursuant to the Commission's established criteria. 
The station's General Sales Manager's attempts to contact TCA for further information in this regard
were ignored.  KMCT-TV indicates that on November 10, 1996, it conducted its own field level
signal test in the vicinity of TCA's principal headend near Ruston, Louisiana.  KMCT-TV states that
this test indicated a signal level of -45 dBm which is well within the Commission's criteria.  KMCT-
TV indicates that it sent a copy of this test to TCA by letter dated November 19, 1996 and at the
same time informed TCA that should any properly-conducted tests performed by the system indicate
an inadequate signal, the station would provide any specialized equipment necessary to provide a
good quality signal.  To date, KMCT-TV maintains that TCA has failed to respond.  In view of the
fact that its signal is a fully-qualified must carry station, KMCT-TV therefore requests the
Commission order TCA to commence carriage of its signal immediately.

                            DISCUSSION

3.   We will grant KMCT-TV's petition.  According to 76.55(e) of the Commission's Rules,
commercial television broadcast stations, such as KMCT-TV, are entitled to carriage on cable
systems located in the same Area of Dominant Influence (or "ADI").  KMCT-TV is located in the
Monroe, Louisiana-El Dorado, Arkansas ADI, which is also where the communities served by TCA
are located.  KMCT-TV's complaint was timely filed pursuant to 76.7(c)(4)(iii) within 60 days of
TCA's refusal of carriage.  While TCA's refusal was based on an allegation of poor signal quality,
it did not provide either KMCT-TV or this Commission with an adequate showing in order for this
determination to be made.  The 1992 Cable Act provides that a cable operator is not required to
carry a local commercial television station that does not deliver a good quality signal to the principal
headend of a cable system.  Because the cable operator is in the best position to know whether a
given station is providing a good quality signal to the system's principal headend, we believe that
the initial burden of demonstrating the lack of a good quality signal appropriately falls on the cable
operator.  In meeting this burden, the cable operator must show that it has used good engineering
practices, as defined below, to measure the signal delivered to the headend.

4.   With respect to the standard to be used to determine what constitutes a good quality signal,
the 1992 Cable Act adopted a standard for determining the availability of VHF and UHF commercial
stations at a cable system's headend:  for VHF commercial television stations the standard is -49
dBm; for UHF commercial television stations the standard is -45 dBm.  Generally, if the test results
are less than -51 dBm for a UHF station, we have said that at least four readings must be taken over
a two-hour period.  Where the initial readings are between -51 dBm and -45 dBm, inclusive, we
believe that the readings should be taken over a 24-hour period with measurements not more than
four hours apart to establish reliable test results.

5.   To measure a station's signal to see if it meets the Commission's requirements, a cable
operator's signal strength surveys should, at a minimum, include the following:  1) specific make and
model numbers of the equipment used, as well as its age and most recent date(s) of calibration; 2)
description(s) of the characteristics of the equipment used, such as antenna ranges and radiation
patterns; 3) height of the antenna above ground level and whether the antenna was properly oriented;
and 4) weather conditions and time of day when tests were done.  When measured against these
criteria, we conclude that the determination made by TCA is insufficient to demonstrate that KMCT-
TV's signal is not of good quality.  Additionally, we note that even though KMCT-TV believes that
it delivers a good quality signal to TCA's principal headend, the station has offered to bear the costs
of providing a good quality signal in the event that TCA can demonstrate that its signal does not
meet Commission standards.  We therefore find that KMCT-TV is a qualified UHF station that is
entitled to carriage on TCA's system.

                         ORDERING CLAUSES

6.   Accordingly, IT IS ORDERED that the petition filed December 2, 1996, by Louisiana
Christian Broadcasting, Inc. IS GRANTED pursuant to 614 of the Communications Act of 1934,
as amended (4 U.S.C. 534), and TCA Management Company IS ORDERED to commence
carriage of Station KMCT-TV within sixty (60) days of the release date of this order unless TCA
provides within fifteen (15) days of the release date an engineering showing substantiating its claim
of poor signal quality.

7.   This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Gary M. Laden, Chief
                         Consumer Protection and Competition Division
                         Cable Services Bureau