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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 re Complaint of ) ) Mid-Maine Community Broadcasting ) against State Cable TV Corporation ) CSR 4854-M ) Request for Carriage of WFYP-LP, Fairfield, Maine ) MEMORANDUM OPINION AND ORDER Adopted: February 25, 1997 Released: February 26, 1997 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. Mid-Maine Community Broadcasting ("Mid-Maine"), licensee of low power station WFYW-LP, Fairfield, Maine filed a complaint pursuant to Section 614 of the Communications Act, as amended, 47 U.S.C.  534, and Sections 76.7 and 76.61(a) of the Commission's Rules, 47 C.F.R. 76.7 & 76.61(a), claiming entitlement to mandatory carriage of WFYW-LP on the cable system of State Cable TV Corporation ("State Cable") in Fairfield, Maine. State Cable filed an opposition to the complaint, and Mid-Maine filed a reply. II. BACKGROUND 2. Pursuant to Section 614 of the Communications Act of 1934, as amended (Act), and implementing rules adopted by the Commission in its Report and Order in MM Docket 92-259, commercial television broadcast stations are entitled to assert mandatory carriage rights on cable systems located within the station's market. A low power television station may be entitled to mandatory carriage rights as a "qualified low power station," provided, among other things, all of the conditions described in Section 614(h)(2) of the Act are met. State Cable asserts that Mid- Maine failed to meet two of the requirements set out in Section 614(h)(2) of the Act. Among other factors, Section 614(h)(2) requires that a low power station seeking carriage establish "that local news and information needs of the relevant communities are not being adequately served by local full power television broadcast stations because of the geographic distance of such full power stations from the low power station's community of license." The second requirement concerns whether a full power television broadcast station is licensed to any community in the county in which a low power station is located. If that is the case, under the provisions of Section 614(h)(2)(f) of the Act the subject low power station is not considered a qualified low power station for carriage purposes. . III. MARKET FACTS AND ARGUMENT 3. State Cable operates a cable system serving approximately 15,000 subscribers in Waterville and eight other Maine communities, including 1,900 subscribers in Fairfield. State Cable disputes Mid-Maine's claim that it is a "qualified low power station." State Cable contends that Mid- Maine has failed to establish in face of its objection that local news and informational needs of the relevant communities are not already being adequately served by local full power television broadcast stations because of the geographic distance from the low power station's community of license. State Cable asserts that the requirements of sub-section (B) of Section 614(h)(2) of the Act requires Mid-Maine make such a showing to be considered a qualified low power station. In this regard, State Cable maintains that Mid-Maine's unsupported assertion that its station's programming "is locally oriented and addresses local needs not addressed by programming of full power stations whose signal reach Fairfield." is insufficient. State Cable points out that there are several stations which serve the subject communities. State Cable also maintains that Mid-Maine impermissibly manipulated the Commission's rules by changing its city of license from Waterville and Fairfield, Maine to solely Fairfield, Maine. State Cable argues that Mid-Maine deleted Waterville solely to obtain must carry status on its system If Waterville were not deleted Mid-Maine would not be considered a qualified low power station on State Cable's system because a full power station, WCCB-TV, Augusta, Maine, is licensed to a community in the County of Kennebec in which Waterville is also located. Consequently, were it not for Mid-Maine's change of city of license, it would not be a qualified low power station on State Cable's system under Section 614(h)(2) of the Act. In response, Mid-Maine contends that it is free under the Commission's rules to modify its city of license, and doing so should not deprive it of obtaining must carry status on State Cable's system. IV. DISCUSSION AND ANALYSIS 4. Mid-Maine's request for mandatory carriage on State Cable's system will be denied. Section 614 (h)(2)(B) has two parts. The first part requires that a low power station seeking carriage meet all obligations and requirements applicable to television broadcast stations. The second part, unlike the first, requires that the Commission determine whether the provision of programming by a subject low power station address local news and informational needs not being met by full power stations because of their geographic distance from a low power station's community of license. In view of the Congressional directive that the Commission make a finding regarding the second factor, we find Mid-Maine's unsupported contention that its station's programming is locally oriented and addresses local needs not addressed by programming of full power stations to be insufficient. Mid- Maine has failed to introduce any programming logs or other evidence supporting its contention that it provides local news and informational programming directed at the communities at issue. In view of Mid-Maine's total failure to introduce such evidence, we are unable to conclude that WFYW-LP is a qualified low power station as contemplated by Section 614(h)(2) of the Act. Consequently, WFYW-LP is not entitled to mandatory carriage on State Cable's system serving the communities at issue. In view of our finding, we need not reach the issue of whether Mid-Maine's changing of its city of license violated the Commission's rules. V. ORDER 5. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act, that the complaint filed October 21, 1996 in File No. CSR 4854-M by Mid-Maine Community Broadcasting IS DENIED. 6. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules, 47 C.F.R. Section 0.321. FEDERAL COMMUNICATIONS COMMISSION Gary Laden, Chief Consumer Protection and Competition Division Cable Services Bureau