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


In the Matter of:                  )
                              )  
Complaint of Paxson Communications      )         CSR-5414-M
License Co., LLC against Falcon Video   )    
Communications                     )
                              )
Request for Carriage                    )


                  MEMORANDUM OPINION AND ORDER

   Adopted:  October 5, 1999            Released:  October 6, 1999  

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

I.  INTRODUCTION

     1.   Paxson Communications License Company, LLC, licensee of Television Broadcast Station
KWPX (Ch. 33), Bellevue, Washington, has filed a must carry complaint against Falcon Video
Communications ("Falcon"), for its failure to carry KWPX on its system serving Port Orchard, Washington
and neighboring communities.  No opposition has received.

II.  BACKGROUND

     2.   Pursuant to Section 614 of the Communications Act 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 are entitled
to assert mandatory carriage rights on cable systems located within the station's market.  A station's market
for this purpose is its "area of dominant influence," or ADI, as defined by the Arbitron audience research
organization.

III.  THE PLEADINGS
     
     3.   In support of its request, KWPX states that it formally requested carriage on Falcon's Port
Orchard system by letter dated April 5, 1999.  When Falcon failed to respond within the required thirty days,
KWPX subsequently filed the instant complaint within sixty days thereafter.  KWPX argues that, as a full-
power commercial television station located within the same television market as Falcon's cable system, it
qualifies as a must carry station and is entitled to carriage.  Moreover, KWPX points out, it delivers a signal
of good qualify to the cable system's headend and its carriage will not increase Falcon's copyright liability.  For
the above-listed reasons, KWPX requests that the Commission order Falcon to commence carriage of its signal. 

IV.  DISCUSSION

     4.   We grant KWPX's complaint.  We find that the unrebutted representations made by KWPX
demonstrate that it is a local full-power commercial television station qualified for carriage on Falcon's Port
Orchard cable system.  Under the Commission's must carry rules, cable operators have the burden of showing
that a commercial station that is located in the same television market as a cable operator is not entitled to
carriage.  Falcon and KWPX are both located in the Seattle-Tacoma, Washington ADI.  Falcon not only did
not respond to KWPX's must carry request, but it also did not file an opposition to KWPX's complaint must
carry complaint.  Consequently, we order Falcon to carry KWPX's signal.

V.  ORDERING CLAUSES

     5.   Accordingly, IT IS ORDERED that the petition filed July 8, 1999, by Paxson
Communications License Company, LLC IS GRANTED pursuant to Section 614(d)(3) of the
Communications Act of 1934, as amended (47 U.S.C. 534).  Falcon Video Communications IS ORDERED
to commence carriage of KWPX on its Port Orchard, Washington cable system sixty (60) days from the release
date of this Order.
     6.   IT IS FURTHER ORDERED that KWPX shall notify Falcon in writing of its carriage and
channel position elections (76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of
the release date of this Order.

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

                              FEDERAL COMMUNICATIONS COMMISSION



                              Deborah Klein, Chief
                              Consumer Protection and Competition Division
                              Cable Services Bureau