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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 the Matter of: ) ) CSR- 5422-M Complaint of Paxson Albany License, Inc. ) ) ) Request for Carriage of WYPX(TV) ) Amsterdam, New York ) ) MEMORANDUM OPINION AND ORDER Adopted: December 14, 1999 Released: December 16, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. Paxson Albany License, Inc. ("Paxson"), licensee of WYPX(TV), Channel 55, Amsterdam, New York ("WYPX"), has filed a petition with the Commission pursuant to Sections 76.7 and 76.61(a) of the Commission's rules requesting carriage of television station WYPX on Mid-Hudson Cablevision, Inc. ("Mid-Hudson"), the cable system which serves Catskill, New York and neighboring communities. Specifically, the petition states that Mid- Hudson provides service to the communities of the Albany-Schenectady-Troy, NY ADI, Ashland, Town of Athens, Bethlehem, Cairo, Town of Catskill, Village of Catskill, Claverack, Coeymans, Town of Coxsackie, Village of Coxsackie, Gallatin, Greenport, Greenville, Hudson, Livingston, New Baltimore, Philmont, Prattsville, Ravena, Stockport, Westerlo, and Windham (collectively, the "Mid-Hudson Communities"). 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, Report and Order ("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. An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing. 3. 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 is not entitled to carriage. One method of doing so is for a cable operator to establish that a subject television station's signal, which would otherwise be entitled to carriage, does not provide a good quality signal to a cable system's principal headend. Should a station fail to provide the requisite over-the-air signal quality to a cable system's principal headend, it still may obtain carriage rights because under the Commission's rules a station may provide a cable operator with specialized equipment, at the station's expense, which will improve the station's signal to an acceptable quality at a cable system's principal headend. III. DISCUSSION 4. In the petition, Paxson states that WYPX is licensed to Amsterdam, New York which is located within the Albany-Schenectady-Troy, New York ADI. Paxson further states that the Mid-Hudson Communities served by Mid-Hudson are all located within the Albany- Schenectady-Troy ADI and, thus, within the same television market as WYPX. Paxson argues that WYPX is a qualified local commercial television station which provides an adequate quality signal to the Mid-Hudson Communities. Paxson states that, should its signal be deemed inadequate, it is committed to purchasing and installing any additional equipment necessary to deliver an adequate signal to Mid-Hudson's headend. 5. Mid-Hudson argues that WYPX is geographically remote from the Mid- Hudson Communities because the television station is located 30 miles from the closest community at issue (Westerlo) and more than 65 miles from the most distant community at issue (Gallatin). Mid-Hudson further argues that WYPX does not provide Grade B signal coverage to most, if not all, of the Mid-Hudson Communities. Mid-Hudson alleges that: (1) it has never carried WYPX on its cable system serving the Mid-Hudson Communities; (2) WYPX generally does not provide coverage or other local service to the Mid-Hudson Communities; (3) the local stations carried by Mid-Hudson provide local news, sports and other local events; and, (4) WYPX is not generally viewed in either cable or non-cable households in the Mid-Hudson Communities. Mid-Hudson does not introduce into the record any evidence to support any of its allegations concerning WYPX. In its reply, Paxson does not respond to the specific issues raised by Mid-Hudson's opposition but rather states that Paxson has raised no legal basis to deny carriage of WYPX on Mid-Hudson's cable system. 6. We find that Mid-Hudson has failed to meet its burden of proof to show that WYPX is not entitled to carriage on its cable system serving the Mid-Hudson Communities. WYPX has asserted that it is a qualified local commercial station located within the same ADI as Mid-Hudson. Mid-Hudson does not dispute that WYPX is a qualified local television station and that WYPX is located within the same ADI. Mid-Hudson makes allegations that WYPX is not entitled to mandatory carriage but does not provide any documentary evidence to support those allegations. Accordingly, we order Mid-Hudson to commence carriage of the signal of television broadcast station WYPX. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that, pursuant to Section 614 of the Communications Act of 1934, as amended, and Sections 76.7 and 76.61(a) of the Commission's rules, the complaint filed by Paxson Albany License, Inc. against Mid-Hudson Cablevision, Inc. seeking carriage of WYPX(TV) IS GRANTED. 8. IT IS FURTHER ORDERED that Mid-Hudson Cablevision, Inc. SHALL COMMENCE CARRIAGE of WYPX(TV) on its basic service tier within sixty (60) days of the release of this Order and shall notify Mid-Hudson in writing of its carriage and channel position elections on Mid-Hudson's cable system serving the communities at issue within thirty (30) days of this Order. 9. This action is taken pursuant to authority delegated under Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau