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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\py.X80,ɒX\  P6G;Pq2a=5,u&a\  P6G;&Pr2e=5,&e4  pG;&s7jC:,ynXj\  P6G;XPtP:% ,J:\  P6G;JPuH5!,),5\  P6G;,P\0_=5,%&_*f9 xr G;&X\5hC:,%2Xh*f9 xr G;XX\{,W80,%0W*f9 xr G;X#P:% ,J:\  P6G;JP\0_=5,%&_*f9 xr G;&XS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSx2\9Z=py.X80,ɒX\  P6G;Pq2a=5,u&a\  P6G;&Pr2e=5,&e4  pG;&s7jC:,ynXj\  P6G;XPtP:% ,J:\  P6G;JPuH5!,),5\  P6G;,P\v0_=5,%&_*f9 xr G;&X\{,W80,%BZW*f9 xr G;X S- X    S-  Federal Communications Commission`}(#<DA 982315 ă  yxdddy PK #&a\  P6G;u&P#Before the Federal Communications Commission  S-""Washington, D.C. 20554 ă  S`-#Xj\  P6G;ynXP##&a\  P6G;u&P#In the Matter of:j) j)  S-Diversified Broadcasting, Inc.j)ppCSR5280A j) For Modification of the Gainesville,j) Florida ADIj)  Sp- m%C   m%C   S -  MEMORANDUM OPINION AND ORDER lU  S -X` hp x (#%'0*,.8135@8:States is allocated to a market based on which homemarket stations receive a preponderance of total   >viewing hours in the County. For purposes of this calculation, both overtheair and cable television  S`-viewing are included."`V 2 yOV-  KԍCertain counties are divided into more than one sampling unit because of the topography involved. Also, in   certain circumstances, a station may have its home county assigned to an ADI even though it receives less than a  {O-  preponderance of the audience in that county. Refer to Arbitron's Description of Methodology handbook for a more complete description of how counties are allocated.  S-  ~3.` ` Under the Act, however, the Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) provides that the Commission may:  ~Xwith respect to a particular television broadcast station, include additional communities  within its television market or exclude communities from such station's television market to better effectuate the purposes of this section.  In considering such requests, the Act provides that:  BXthe Commission shall afford particular attention to the value of localism by taking into account such factors as   X(I) whether the station, or other stations located in the same area, have been historically carried on the cable system or systems within such community;   X(II) whether the television station provides coverage or other local service to such community;   ` m%C Ԋ m%C X(III) whether any other television station that is eligible to be carried by a cable system  Cin such community in fulfillment of the requirements of this section provides news"@,`(`(88"  coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the  m%C community; and   pX(IV) evidence of viewing patterns in cable and noncable households within the areas served by the cable system or systems in such community.   S-4.` ` The legislative history of this provision indicates that:  Xwhere the presumption in favor of ADI carriage would result in cable subscribers losing  Baccess to local stations because they are outside the ADI in which a local cable system  operates, the FCC may make an adjustment to include or exclude particular communities  pfrom a television station's market consistent with Congress' objective to ensure that  #television stations be carried in the areas which they serve and which form their economic market.  * * * * *  nX[This subsection] establishes certain criteria which the Commission shall consider in acting  $on requests to modify the geographic area in which stations have signal carriage rights.  These factors are not intended to be exclusive, but may be used to demonstrate that a  S-community is part of a particular station's market.^ yOp-ԍH.R. Rep. No. 102628, 102d Cong., 2d Sess. 97 (1992).^   S-  $5.` ` The Commission provided guidance in its Must Carry Order to aid decision making in  S-these matters, as follows:  SB- ~XFor example, the historical carriage of the station could be illustrated by the submission  S- Qof documents listing the cable system's channel lineup (e.g., rate cards) for a period of  years. To show that the station provides coverage or other local service to the cable  community (factor 2), parties may demonstrate that the station places at least a Grade B  coverage contour over the cable community or is located close to the community in terms  of mileage. Coverage of news or other programming of interest to the community could  obe demonstrated by program logs or other descriptions of local program offerings. The  S,- pfinal factor concerns viewing patterns in the cable community in cable and noncable  homes. Audience data clearly provide appropriate evidence about this factor. In this  nregard, we note that surveys such as those used to demonstrate significantly viewed status  Dcould be useful. However, since this factor requires us to evaluate viewing on a  }community basis for cable and noncable homes, and significantly viewed surveys typically  nmeasure viewing only in noncable households, such surveys may need to be supplemented  S>-with additional data concerning viewing in cable homes.Q>X yO6#-ԍ8 FCC Rcd at 2977 (emphasis in original).Q   S -  6.` ` In adopting rules to implement this provision, the Commission indicated that requested   changes should be considered on a communitybycommunity basis rather than on a countybycounty   .basis, and that they should be treated as specific to particular stations rather than applicable in common"",`(`(88'$"  S-  .to all stations in the market." yOh-  ,ԍ8 FCC Rcd at 2977 n.139. Viewership information cited herein is county data, rather than communityspecific   ydata. However, absent evidence that such data is not fairly reflective of viewing in the actual communities in  {O-  xquestion, we accept such data as probative in cases of this type. See, e.g., RKZ Television, Inc., 8 FCC Rcd 8008, 8010 (1993). The rules further provide, in accordance with the requirements of the Act,  S-that a station not be deleted from carriage during the pendency of an ADI change request.< yO*-ԍ47 C.F.R. 76.59.<  S- SUMMARY OF ARGUMENTS ă  S8-  7.` ` WCJB is located within the Gainesville, Florida ADI. The county of Suwanee is located   Min the TallahasseeThomasville, Florida ADI, while the counties of Columbia, Putnam, Bradford, and   Union are located in the Jacksonville, Florida ADI. WCJB argues that it complies with each of the four   <statutory factors and should be given must carry rights in the instant communities. First, WCJB states that   since it is the exclusive ABC network affiliate in the Gainesville, Florida market, it has been carried   -voluntarily by many of the cable systems in the requested communities pursuant to retransmission consent  SH -  .agreements for an average of 5 to 10 years, and in some cases up to nearly 30 years.7 H B yO*-ԍPetition at 4. 7 WCJB argues that   this clearly indicates the station's appeal to the viewers in these communities. However, WCJB states that   it would prefer to have must carry rights in those communities, instead of contractual rights, and to be   carried on all of the cable systems serving the communities. Obtaining must carry rights, WCJB   maintains, would allow it to avoid the often lengthy and complicated negotiations inherent in   retransmission consent contracts and would ensure that additional copyright liability would not be incurred by cable systems serving the communities at issue.  S-  q8.` ` Second, WCJB states that its Grade B contour encompasses all of the requested   communities except Palatka in Putnam County and Live Oak in Suwanee County. However, it points out   \that Palatka is only about 5 miles outside the Grade B contour and the major cable system in Putnam   =County has carried WCJB for approximately 3 decades. In addition, WCJB states that Live Oak, which   is approximately 14 miles outside the Grade B contour, is not adequately served by the Tallahassee and Jacksonville stations which are further away geographically than is WCJB.  S-  }9. ` ` Third, WCJB indicates that its news department extensively covers events of local interest   .to residents of the communities. WCJB points out that in Columbia County it covers an average of 240  S-  news stories a year,W X yO!-  yԍWCJB states that from 19831988 it maintained a separate fullystaffed news bureau in Lake City which   ;produced more than 156 stories per year. Since that time, however, WCJB states that it has found it more efficient to cover Columbia County from its Gainesville studio.W has an agreement with Lake City Community College to provide 3 reports per week   of news in the area, and provides specific weather coverage on a daily basis. In the remaining areas,   WCJB indicates that it covers, on average, 72 news stories per year in Putnam County, 50 per year in   Suwanee County, and 5075 per year in Bradford and Union Counties, as well as providing specific"( ,`(`(88{"  S-  weather coverage.  yOh-  ԍWCJB states that it also provides a strong local presence through alliances with area radio stations for weather reporting purposes. In addition, WCJB states that it actively participates in various local events and  S-  Mcontributes to local charitable organizations.7  yO-ԍPetition at 6. 7 WCJB argues that its strong presence in the requested   ycommunities can be buttressed by the stations advertising sales figures which indicate support from local  S-businesses.2  yO-ԍId. at 7. 2  S8-   10. ` ` Fourth, WCJB argues that, because no other commercial television stations in the   Gainesville ADI provide the same news and locallyoriented programming as WCJB and the television   stations in Jacksonville and Tallahassee are too distant to adequately serve the instant communities, the   \grant of mandatory carriage rights for WCJB is extremely important. For instance, WCJB states that   during the recent fires in Florida, it provided constant text crawls at the bottom of the television screen   yfor the affected areas covered by its signal as well as hourly special reports. WCJB points out, however,   {that residents of Starke were unable to receive this information since the cable system serving that   jcommunity had dropped WCJB after six years of carriage and the Jacksonville station the system carried   instead, which is more than 45 miles away, chose to focus most of its coverage on the fires closer to  S -Jacksonville.j @ yO-ԍWCJB states that it was notified of this by authorities in Starke.j  S -   11. ` ` Finally, WCJB states that the latest Nielsen ratings information indicates that it garners   strong audience shares in the designated counties for the two main dayparts, including daytime (Monday S0-  Friday, 9 a.m 4 p.m.) and prime time (MondaySunday).SX0 yO-ԍPetition at 9.  yO0-S WCJB maintains that such strong ratings   clearly indicate that its signal is widely viewed in the subject communities. WCJB concludes that even   though it is currently carried on systems serving many of the communities, only through a legal modification of its ADI can the residents of all of the communities be assured of receiving the station.  Sh-   12.` ` The comments of WTLV express no objection to WCJB's request to include the instant   communities within its ADI due to the station's long history of carriage in those communities. It states   that WCJB's circumstances are unique and its modification request essentially requests preserving the   status quo. Nevertheless, WTLV indicates that it considers the communities requested for inclusion to be   very much a part of the Jacksonville market and notes that it regularly includes coverage of these areas in it local newscasts and local programming.  SP-   13.` ` In its comments, WOGX states that it does not oppose WCJB's request, but notes that,   as the only other commercial station licensed to the Gainesville ADI, a grant of the modification would   place it at a severe competitive disadvantage with WCJB. It therefore puts the Commission on notice that   should it grant WCJB's request, it will be filing its own request for modification, maintaining that, in all" ,`(`(88L"   respects, it should be treated similarly to WCJB. It argues that there is Commission precedent in this  S-  regard for other similar situations.n {O@-ԍSee DP Media of Martinsburg, Inc., 13 FCC Rcd 2123, 2128 (1998).n Further, WOGX questions WCJB's coverage claims, pointing out that   jat least three communities, Palatka, Lake City and Live Oak are all located outside the station's predicted   Grade B contour. Since Palatka and Live Oak are substantially outside, WOGX argues that the concept of "onthefringe" might be stretched too far to include these communities.  S-   14.` ` WTXLTV opposes WCJB's request insofar as it relates to the communities of Live Oak   and Branford in Suwanee County because WCJB fails to satisfy the fourpart criteria. WTXLTV points   out that WCJB is the ABC affiliate for the Gainesville ADI and it is the ABC affiliate for the Tallashassee   ADI. It argues that the Congressional interest in preserving local ties would not be served by a grant of   !WCJB's request since Live Oak and Branford have close political, social and economic ties to the   Tallahassee market and are already well served, both by the programming provided by WTXLTV and   =other Tallahassee market stations. WTXLTV maintains that no significance can be attached to WCJB's   claim that it has been carried on the Branford cable system for approximately 10 years and the Live oak   Mcable system for 7 years. It states that 76.56(b)(5) of the Commission's Rules provides that a cable   /operator is not required ". . . to carry the signals of more than one local commercial television station  S -  affiliated with a particular broadcast network."B Z yOz-ԍ47 C.F.R. 76.56(b)(5).B Moreover, WTXLTV points out that if a cable operator   elects to carry only one duplicating network station, then that operator is obligated to carry the station  S0-  Kwhose city of license is closest to the principal headend of the system.0 {O-  KԍSee Implementation of the Cable Television Consumer Protection and Competition Act of 1992, 8 FCC Rcd 2965, 2981 (1993). In this instance, WTXLTV states   that the Live Oak cable system is geographically closer to the WTXLTV transmitter site than it is to the   =WCJB transmitter site and, therefore, even historic carriage could not entitle WCJB to must carry status to the exclusion of WTXLTV.  m%C   Sh-  C15. ` ` WTXLTV argues that the coverage factor "incorporates both technical service and  S@-  programming service."w@D {O$-ԍCiting DP Media of Martinsburg, Inc., 13 FCC Rcd 2123, 2131 (1998).w While WCJB claims that it places a Grade B contour of Branford, WTXLTV   ystates that nowhere does WCJB make a showing with respect to any local programming service provided   to that community, even though it does so for other requested communities. Therefore, WTXLTV states   that Grade B coverage alone should not be sufficient to include Branford within WCJB's market. In   addition, WTXLTV indicates that WCJB's showing for Live Oak is even weaker not only does the   station acknowledge that the community is outside of its Grade B contour, but it also provides no evidence   of meaningful service. WTXLTV argues that the programs cited by WCJB appear to be general in nature  S(-  and are insufficient to satisfy this factor.wX( yO#-  ԍWTXLTV points out that this deficiency is not remedied by WCJB's claims regarding the broadcast of all   <weather emergency bulletins since it makes such claims for all the other areas as well. In any event, WTXLTV states that most television stations provide such coverage for their particular regions.w Finally, WTXLTV states that WCJB fails to show that it secures any advertising revenue from either Branford or Live Oak. " ,`(`(88L"Ԍ S-  q16 m%C . m%C ` ` While WCJB claims that Live Oak "is not adequately served by Tallahassee and   Jacksonville stations," WTXLTV maintains that WCJB provides not documentation to support this claim  S-  and therefore cannot be taken at face value.9 yO-ԍPetition at 5, 8.9 For instance, WTXLTV points out that although Live Oak   is geographically closer to Gainesville than to Tallahassee, WCJB's transmitter is south of Gainesville and   jthus farther away from Live Oak than is WTXLTV's transmitter. WTXLTV also states that a resident   of Live Oak cannot travel by vehicle to Gainesville on a direct route in contrast to Tallahassee which is   Ldirectly west of the community. WTXLTV argues that, as Tallahassee is the state capital and Suwanee   County is located in the same congressional district as Tallahassee, the residents of Branford and Live Oak   \have a substantial interest in the extensive news and public affairs programming aired by WTXLTV.   Further, WTXLTV indicates that consideration should be given to the fact that it has filed a construction   Mpermit to construct a new tower and increase its effective radiated power from 1170 kW to 2690 kW  SH -  thereby increasing its coverage by approximately 10,470 square kilometers.8H X yO@ -ԍOpposition at 9.8 WTXLTV states that this   will enable it to provide even better service to communities in Suwanee County. A grant of WCJB's   request, WTXLTV's argues, would considerably compromise WTXLTV's ability to expand its local coverage and secure needed advertising revenues.  S -  17.(m%C15.( ` ` WTXLTV maintains that WCJB has failed to submit data from both cable and noncable   households or provide community specific data to indicate its viewership within Suwanee County. Therefore, WTXLTV argues that WCJB has failed to satisfy the fourth factor of the statutory test.  S-  18.(m%C15.( ` ` In a consolidated reply to the comments and opposition, WCJB points out that only one   party, WTXLTV actually opposed its request and that the oppositiion was only with reference to the   communities located in Suwanee County. It maintains that none of the parties has shown that WCJB fails   [to meet the statutory criteria for modification. WCJB argues that WTXLTV's arguments with regard to   76.56(b)(5) would only be relevant within the context of a must carry complaint proceeding and only   if WCJB tried to force a cable operator situated closer to WTXLTV to carry WCJB to the exclusion of   WTXLTV. WCJB states that in its modification request, it has only requested that it be granted a change   in its ADI boundaries, not that it be granted must carry rights on any particular cable system. Therefore,   despite WTXLTV's assertions, WCJB maintains that the issue of its historic carriage is relevant and must   be afforded due weight in the Commission's consideration of this proceeding. Moreover, WCJB indicates   that WTXLTV's claim about the lack of local service is without merit. WCJB states that, as noted in   its petition, it covers an average of 50 news stories per year targeted to communities in Suwanee County,  S-  in addition to 24 sports and weather stories within a 6 month period.R yO -ԍFrom June 17, 1997 thru December 23, 1997.R As such, WCJB argues that it has   \shown its commitment to provide local service to all of the communities in Suwanee County. WCJB   /states that to suggest, as does WTXLTV, that the local programming shown is unacceptable merely   because it does not solely single out coverage of Live Oak and Branford stories is misplaced. Of the   /26,800 residents in Suwanee County, only approximately 6,300, or just under 24%, live in Live Oak  S8-which is the largest community in the county and even fewer live in Branford.38x yOP&-ԍReply at 4.3 " ,`(`(88!"Ԍ S-  19.(m%C15.( ` ` In addition, WCJB argues that even if WTXLTV's claim that its adequately serves Live   Oak and Branford is correct, a fact which WCJB does not concede, it does not bear strongly on this   proceeding because such coverage by other stations is only intended to enhance a station's ADI claim.   Should the Commission consider WTXLTV's coverage claims, however, WCJB points out that while   WTXLTV criticized WCJB for citing coverage which was too general in nature, WTXLTV does exactly   [the same thing in its claims of coverage and can point to only 11 stories specifically targeted to Live Oak   Land/or Suwanee County over the last year. Further, WCJB maintains that grant of its request would not   Mundermine WTXLTV's efforts to improve its facilities or to better serve its ADI. WCJB states that   WTXLTV would still be able to assert its own must carry rights on cable systems in the county and thus   /cannot fault WCJB for any loss of cable carriage. In any event, WCJB notes that it has already been   0voluntarily carried on many cable systems in Suwanee over the past decade without any material degradation to WTXLTV's carriage.  S -  20.` ` Finally, with reference to WOGX's comments regarding its own potential ADI   modification request should the Commission grant WCJB's request, WCJB feels obligated to note that   WOGX's circumstances are far different with respect to the communities at issue: a) the station is   licensed to Ocala, Florida and is thus in the Orlando ADI; 2) WOGX is a competitor to the Gainesville   [only to the extent it provides a 6 pm newscast on weeknights which is targeted to Ocala and Gainesville;   c) its reach does not extend past Gainesville to the north; and d) it typically ranks much lower than WCJB in ratings.  S-@ DISCUSSION ă  Sh-  21. ` ` WCJB is seeking to add 17 communities and unincorporated county areas located in five   counties in Florida to its Gainesville ADI. WCJB argues that it sufficiently meets the criteria with regard   to the four modification factors. The one opposing party, WTXLTV disputes this with regard to the   communities located in Suwanee County. Based on our analysis of the evidence relating to the four statutory and other relevant factors, we grant WCJB's petition.  Sx-  O22.(m%C15.(` ` Historic Carriage. WCJB has a history of longterm carriage in the various communities   due to retransmission consent agreements. Clearly, this is an indication that residents have an interest in receiving WCJB's signal.  S-  _23.(m%C!15.( ` ` Viewership. Although WCJB is not considered to be significantly viewed in any of the  S-  instant counties, yO-  ԍSince WCJB went ontheair prior to 1972 it is not eligible to request significantly viewed status on a countywide basis after 1972 absent a technical upgrade. 47 C.F.R. 76.54(d). according the Nielsen's 1997 County Coverage Survey Data, the station garners   substantial viewership figures in each of the five counties: Columbia County 13/16; Putnam County  S`-  ԩ 3/32; Bradford County 5/42; Union County 2/36; and Suwanee County 8/41.d`  yO #-ԍSee A.C. Nielsen 1997 County/Coverage Study, County Summary.d Therefore, we find that WCJB meets this statutory factor.  S -  `24.(m%C#15.( ` ` Local Programming. WCJB has adequately shown that it takes an interest in and   provides coverage of events, weather and local affairs relevant to the requested communities. Such"!,`(`(88F#"   =showing clearly indicates that there is a specific market connection between WCJB and the communities at issue.  S-  25.(m%C%15.(` ` Coverage by Other Stations. While WCJB alleges, with regard to the community of   >Live Oak, that it is not adequately served by its own market stations due to the geographic distances   yinvolved, WCJB provides no specific information to support this argument. Therefore, our action herein is not a reflection that Live Oak is not adequately served by stations located in the Tallahassee ADI.  S-  26.(m%C'15.( ` ` Station Coverage of Communities. With respect to coverage, the Commission stated  S-  in its Must Carry Order that "to show that the station provides coverage or other local service to the cable   communities, parties may demonstrate that the station places at least a Grade B coverage contour over the  SJ -  .cable communities or is located close to the community in terms of mileage."?J  yO -ԍ8 FCC Rcd at 29762977.? In this instance, WCJB's   Grade B contour appears to encompass all but two communities Palatka in Putnam County and Live   .Oak in Suwanee County. Palatka is approximately 5 miles outside WCJB's Grade B contour while Live Oak is approximately 15 miles outside.  S -  #27.(m%C)15.( ` ` The cable television mandatory broadcast signal carriage rules were adopted as part of the   L1992 Cable Act. According to the legislative history of that Act, the use of ADI markets is intended "to   kensure that television stations be carried in the areas which they serve and which form their economic  S -  0market."Z X yO-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).Z The Act specifically provided that the Commission was to consider adding additional   communities or excluding communities from the markets of television stations "to better effectuate the  S-  purposes" of the mandatory carriage requirements.= yOB-ԍ47 U.S.C. 534(h).= In acting on such requests, the Commission was   instructed to "afford particular attention to the value of localism, taking into account four specified  Sj-statutory factors," although these factors were "not intended to be exclusive."Zjx yO-ԍH.R. Rep. 102628, 102d Cong., 2d Sess. 97 (1992).Z  S-  28.(m%C+15.( ` ` In reaching our conclusion, we have considered the statutory factors as well as other   Nrelevant information. WCJB has a long history of carriage in the communities (factor I); provides   specificallydirected local programming to the communities (factor II); and has significant viewership in   the counties in which the communities are located (factor IV). Given the strength of these factors in all   of the communities, we see no reason not to also include the communities of Live Oak and Palatka, the  SR-  only two communities which fall outside the station's predicted Grade B contour, in our action herein. R yO!-  ԍIt should be noted that in our review of this case, we discovered that the community of Hawthorne, which   -WCJB lists as located in Putnam County, is actually located in Alachua County, which is already part of WCJB's   market. No community of Hawthorne could be discovered for Putnam County. Therefore, this community will be deleted from those communities granted herein.   Neither community is located a significant distance from WCJB's city of license and given the flatness   of the terrain involved, WCJB's signal is likely to be viewable well beyond its predicted contour radius.   [Moreover, we disagree with WTXLTV's objections that the grant of must carry status to WCJB for the" ,`(`(88L"   communities located within the Tallahassee ADI will endanger WTXLTV's carriage in the Suwanee   County communities herein. WCJB has been carried for a number of years in these communities pursuant   to retransmission consent agreements without apparent harm to WTXLTV's status and the total number  S-of subscribers on the Live Oak and Branford cable systems (2293) is relatively low.[  yO-ԍSee 1998 Cable Television Factbook, Service Volume.[  X  S8-1' ORDERING CLAUSES ă  S-  129.(m%C-15.( ` ` Accordingly, IT IS ORDERED , pursuant to 614(h) of the Communications Act of 1934,   as amended (47 U.S.C. 534(h) and 76.59 of the Commission's Rules, 47 C.F.R. 76.59), that the  S-  petition for special relief (CSR5280A) filed on behalf of Diversified Broadcasting, Inc. IS GRANTED   Mfor the communities of Lake City, Fort White, Palatka, Starke, Brooker, Keystone Heights, Melrose,   Hampton, Lake Butler, Live Oak, Branford, and their respective surrounding unincorporated county areas.  S -  p30.(m%C/15.( ` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's  S -Rules.<! X yO-ԍ47 C.F.R. 0.321.< ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION  m%C0  ` `  hh,VDeborah Klein, Acting Chief ` ` hh,VConsumer Protection and Competition Division ` ` hh,VCable Services Bureau