********************************************************    
                         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 North Georgia Television)       CSR-5149-M
against Comcast Communications  )
                                )
Request for Carriage            )


                  MEMORANDUM OPINION AND ORDER

   Adopted:  March 18, 1998             Released:  March 25, 1998  

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

1.   North Georgia Television, licensee of Low Power Television Station WDNN-LP (Ch. 47), Dalton,
Georgia, has filed a must carry complaint against Comcast Communications, for that system's failure to carry
WDNN-LP on its system serving the City of Calhoun, Georgia and surrounding Gordon County, Georgia. 
This petition is unopposed.

2.   Pursuant to 614(a) of the Communications Act of 1934, as amended, a cable system's carriage
obligation includes carriage of "qualified" low power television (LPTV) stations in certain limited
circumstances.  Under 76.56(b)(3) of the Commission's Rules, promulgated pursuant to 614, a cable system
that has insufficient full power television signals to reach its channel set aside shall carry at least one qualified
low power station.  Thus, if a cable system is carrying its full complement of commercial full power stations,
it need not carry an LPTV station.  An LPTV station that conforms to the rules established for LPTV stations
in Part 76 of the Commission's Rules will be considered "qualified" only if (1) it broadcasts for at least the
minimum number of hours of operation required under 47 C.F.R. Part 73; (2) it adheres to Commission
requirements regarding nonentertainment programming and employment practices; (3) it complies with
interference regulations consistent with its secondary status; (4) it is located no more than 35 miles from the
cable system's headend and delivers to the principal headend an over-the-air signal of good quality; (5) the
community of license of the station and the franchise area of the cable system are both located outside of the
largest 160 Metropolitan Statistical Areas (MSA's) on June 30, 1990, and the population of such community
of license on that date did not exceed 35,000; and (6) there is no full power television broadcast station licensed
to any community within the county or other political subdivision (of a State) served by the cable system.

3.   In its complaint, WDNN-LP states that it is an LPTV station licensed to serve Dalton, Georgia, and
it meets the requirements for a "qualified" low power television station under Part 76 of the Commission's
Rules.  It asserts that both Dalton, its city of license, and Calhoun (and surrounding Gordon County), the
franchise area of the cable system, are located outside of the largest 160 MSA's.  Moreover, it states that the
population of Dalton is less than the maximum of 35,000.  WDNN-LP indicates that its measured signal
strength at Comcast's principal headend is well above the Commission's criteria of -45 dBm and its transmitter
is located only 15-16 miles from the headend.  Further, WDNN-LP argues that it provides both news and sports
programming covering Gordon County that is addressed by no other full power station.  It maintains that its
commitment to Gordon County will only expand further via cable carriage.  In addition, WDNN-LP states that
there is no full power station licensed to any community within the county in which Comcast operates. 
WDNN-LP concludes that, in light of the fact that it is not a distant station for copyright purposes and that the
Comcast cable system does not appear to be devoting one-third of its activated channel capacity to must carry
channels, the Commission should order Comcast to commence carriage of its signal.      

4.   In view of WDNN-LP's uncontested showing, we find that the station is a qualified low power
television station and it is entitled to carriage on Comast's Gordon County cable system.  Accordingly, IT IS
ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. 535, that
the complaint filed by North Georgia Television IS GRANTED and Comcast Communications IS
ORDERED to commence carriage of Station WDNN-LP within sixty (60) days of the release date of this
Order.

5.   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