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Sl' e 44.` ` WBPH maintains that Suburban informed the Station that the cable system's headend tower  xxis owned by American Tower Corporation ("American") and that if the Operator carried the WBPH signal,"D ,p(p(88"  xSonshine would have to enter into a lease with American "at a rate of $500.00 per month, for space for  S' xa custom antenna tuned to Channel 60."E Z  yO@' x ԍComplaint at 23. According to WBPH, when it conducted signal strength testing in September 1998, it was  {O' x told that it "was the first station to seek carriage under the mustcarry rules since the sale of the tower." Id. at footnote 2.E WBPH asserts that this requirement is in violation of the must  S'carry statute and rules, because other UHF stations using the tower are not required to pay a rental fee.9   yO:'ԍComplaint at 45.9  S`' e q5.` ` WBPH states that signal strength testing it conducted at Suburban's principal headend on  xSeptember 23, 1998 showed that the Station provided a signal of 31.95 dB, with a maximum gain of 20  S' x3dB.7 z  {O* 'ԍId. at 4.7 WBPH notes that Suburban "uses one or more standard Scientific Atlanta QCA allchannel UHF  S' xantennas with 12.5 dB of gain for reception of other UHF station signals,"1   {O'ԍId.1 and that "[a]fter taking into  xaccount the difference in gain between the test antenna and the antenna used by Suburban to receive other  xUHF signals, WBPH(TV)'s signal at the Suburban head [sic] is at least 39.45 dBm, or nearly 6 dBm  Sp'better than the maximum signal strength required by Section 76.55(c)(3) of the Rules."1p  {O'ԍId.1  S ' e F6.` ` In opposition, Suburban declares that effective September 30, 1999, and pursuant to  S ' xSection 76.5(pp) of the Commission's rules,@ 0  yO'ԍ47 C.F.R.  76.5(pp).@ its designated principal headend serving the communities  S ' xDfor which WBPH has requested carriage will be relocated to New Castle, Delaware.:  yO0'ԍOpposition at 23.: Suburban indicates  xthat in order to serve the communities at issue, the facilities that serve them have been connected to the  x*newlydesignated principal headend by a fiber ring, and that, as a result, and contrary to what it indicated  SX' xin its Motions for Extension of Time,XP  yOH' x ԍOn page 1 of the first Motion, filed on June 1, 1999, Suburban indicated that it "had agreed to carry WBPH  x^ on its Sellersville, Pennsylvania after providing its subscribers with the written 30 day notice required by Section  x 76.309(c)(3)(i)(B) of the Commission's rules," and that carriage of WBPH "should commence on or around June 14,  x 1999. On page 2 of the second Motion, Suburban reiterated its agreement to carry WBPH in "early July." In both  xM Motions, Suburban asserted that "all sides are interested in settling the matter without further expenditure of Commission resources. soon, it will no longer have a legal obligation to carry WBPH  x_because the Station will not be able to deliver a good quality signal to its new principal headend.  xSuburban asserts that two signal strength tests it conducted "in exact conformity with the FCC's  S' xkrequirements at two receive sites located on the fiber ring closest to WBPH's transmitter site,"@  yOH%'ԍOpposition at 34.@ show that  xZWBPH does not deliver a good quality signal to the soontobe relocated principal headend. Suburban  xalleges that tests conducted on at its Jamison, Pennsylvania headend revealed a reading of 69.45 dBm,"X,p(p(88U"  S' xwith a similar test conducted at the Pottsgrove, Pennsylvania headend, measuring 70.25 dBm.P  {Oh'ԍId. at 4; Exhibit A and Exhibit B.P Suburban  xasserts further that the designation of the New Castle as its principal headend is part of a system  S' xreconfiguration that "was planned well before WBPH asserted any carriage rights."8Z  yO'ԍOpposition at 3.8 Suburban contends  x7that since WBPH's complaint is "moot," the Commission does not have to resolve the issue of a rental fee  xtfor the use of the tower to install WBPH's antenna. Finally, Suburban argues that "[i]t makes no sense  xfor the Commission to require carriage of WBPH on the soontobe defunct [Sellersville] principal  S'headend."7  {O 'ԍId. at 4.7  S' e 7.` ` In reply, WBPH reiterates that it provides Suburban's Sellersville headend with a good  xquality signal. WBPH argues that Suburban's designation of a new principal headend in New Castle,  xDDelaware is only an excuse to not carry the WBPH signal and, thus, avoid its statutory obligation to carry  x@a qualified must carry station. WBPH points out that Suburban plans to carry Station WLVT after the  x@New Castle headend becomes operational, even though that station would no longer qualify as a "local  S ' xnoncommercial educational station."3 |  yO'ԍReply at 5.3 WBPH notes that WLVT, which is licensed to Allentown,  xPennsylvania, will be carried by Suburban even though it "does not place a predicted Grade B service  S ' xcontour over New Castle," and is more than fifty miles away.1   {OT'ԍId.1 According to WBPH, Suburban's decision  xpto continue carriage of WLVT but not of WBPH is discriminatory and arbitrary. Moreover, WBPH  xmaintains that Suburban acted in bad faith not only during negotiations for carriage, but also when it  x*represented to the Station and to the Commission in the two Petitions for Extension of Time that carriage  xof the WBPH signal was imminent. WBPH contends that Suburban's argument concerning issues  xinvolving the newlydesignated principal headend is premature because the alleged move will not happen  xuntil September 30, 1999, and, therefore, the Commission should decide the instant complaint on the  S' xD"basis of facts as they now exist."1  {O'ԍId.1 WBPH insists that even if Suburban has connected its cable systems  xby a fiber ring, Suburban could insert the WBPH signal at any node on the "ring" and deliver to all of  S@'Suburban's systems, including the Sellersville system.7@0  {O 'ԍId. at 4.7  S' e 8.` ` In a "Declaration" submitted in response to a Commission request for further  xdocumentation, Joseph Parkyn, Suburban's Compliance Manager, states that "[i]n 1996, Suburban decided  xto consolidate several of its headends and create a digital network linking its subscribers in Pennsylvania  xand New Jersey," and as a result, Suburban "will discontinue the use of its Sellersville, Pennsylvania  xheadend on September 30, 1999." Mr. Parkyn adds that on that date, the principal headend serving the communities in question will be located in New Castle, Delaware. " ,p(p(88["Ԍ S' e q9.` ` In its response the the Declaration, WBPH argues that the Declaration should be stricken  S' xfrom the record of this proceeding because the staff's request violated the Commission's ex parte rules.  xWBPH then reiterates its prior arguments concerning signal quality, Suburban's bad faith throughout its negotiations with WBPH, and lack of candor.  S:'III. DISCUSSION  S' e 4 10.` ` Under the Commission's must carry rules, cable operators have the burden of showing that  S' x^a commercial station that is located in the same television market is not entitled to carriage.R  {O* 'ԍMust Carry Order, 8 FCC Rcd at 2990.R One method  xof doing so is for a cable operator to establish that a subject television station's signal, which would  xotherwise be entitled to carriage, does not provide a good quality signal to a cable system's principal  SJ ' xheadend.CJ Z  yOD 'ԍ47 C.F.R.  76.55(c)(3).C In this case, Suburban failed to meet this burden. Instead, Suburban submitted results of signal  S" ' xstrength testing conducted at two other headends unrelated to the instant complaint.E"   yO'ԍOpposition, Exhibits A and B.E In that regard, we  xnote that Section 614(h)(1)(B)(iii) of the Communications Act, as amended, requires a broadcast station  S ' xto deliver a good quality signal to the principal headend of the cable system.q z  {O'ԍ47 U.S.C.  534(H)(1)(b)(iii). See 47 C.F.R.  76.55(c)(3).q Therefore, signal strength  xmeasurements taken at Suburban's Jamison and Pottsgrove, Pennsylvania headends are irrelevant to the issue at hand.  S2' e = 11.` ` Additionally, our analysis shows that Suburban failed to meet its burden to establish that  xWBPH is not entitled to mandatory carriage in the Sellersville system. On the contrary, as the record  xpshows, until it raised the newlydesignated principal headend issue, Suburban had already agreed to  xxcommence carriage of the Station on its Sellersville system. Therefore, Suburban is ordered to commence  S' xtcarriage of WBPH within sixty days of the release of this Order from whichever principal headend it is employing at that time.  S' e J 12.` ` While the issue regarding antenna rental fees appears to be moot due to the relocation of  x^Suburban's principal headend, the Communications Act and the Commission mandate that cable operators  xmay not shift the costs of routine reception of broadcast signals to those stations seeking mustcarry status,  xbut that they may "require a broadcast station to pay only for antennas, equipment and other needed  ximprovements that are directly related to the delivery of its signal and not to contribute to the general  ST' xmaintenance of the cable system's facilities."nDT   yO"' x ԍSection 614(b)(10) reads in pertinent part: "[a] cable operator shall not accept or request monetary payment  x or other valuable consideration in exchange either for carriage of local commercial television stations [except that]  x any such station may be required to bear the costs associated with delivering a good quality signal or a baseband  {OX$' x video signal to the principal headend of the cable system." 47 U.S.C.  534(b)(10) and Clarification Order at 4145.  x This is allowed because if a station fails to provide the requisite over[theair signal quality to a cable system's  x; principal headend, it still may obtain carriage rights because under our rules a television station may provide a cable  xo operator with specialized equipment, at the station's expense, which will improve the station's signal to an acceptable  {Oz''quality at a cable system's principal headend." Must Carry Order, 8 FCC Rcd at 2991. n Suburban is required to provide carriage of WBPH. The"T,p(p(88"  xmanner in which it provides WBPH to the communities in question is a business judgment left up to Suburban's discretion.  S' e ~ 13.` ` Moreover, it appears that Suburban has been less than candid with the Commission in its  xpetitions for extension of time, representing that an agreement for carriage of WBPH had been reached,  xDall while Suburban was dismantling the headend in question. We intend to pursue these issues separately.  S' e  14.` ` Lastly, Station WBPH contends that the Commission's staff request for information  S' xQregarding the move of Suburban's principal headend violated the ex parte rules.f   yO( 'ԍResponse to Suplemental Declaration and Motion to Strike at 1.f The Commission's staff  S' x"made the request at issue pursuant to authority delegated pursuant to Section 1.1204(a)(10) of the  xtCommission's rules, which permit requests for information by the Commission "for the clarification or  SJ ' x"adduction of evidence"E!J X  yOB 'ԍ47 C.F.R.  1.1204(a)(10).E provided that "any new information elicited from such request ... shall be  S" ' xpromptly served by the person making the presentation on the other parties to the proceeding."I""   yO'ԍ47 C.F.R.  1.1204(a)(10)(ii).I Thus,  S ' xMWBPH's contention that the Commission's staff violated the ex parte rules when it asked for additional information is unfounded.  S 'IV. ORDERING CLAUSES  S4' e 15.` ` Accordingly, IT IS ORDERED , pursuant to Section 614 of the Communications Act of  x1934, as amended (47 C.F.R.  534), that the complaint of Sonshine Family Television in file CSR 5401 S' xM IS GRANTED , and that Suburban Cable TV Co. Inc. IS ORDERED to commence carriage of  xtelevision station WBPH on its cable system serving Bedminster, Dublin, East Rockhill, Franconia, Green  xLake, Hatfield, Hatfield Township, Hilltown, Lower Frederick, Lower Salford, Marlborough, Milford,  xPerkasie, Quakertown, Richland, Richlandtown, Salford, Silverdale, Soudertown, Telford, Trumbauersville, Upper Frederick, Upper Salford, and West Rockhill, Pennsylvania, within sixty (60) days. "x",p(p(88"  S' e ,16.` ` IT IS FURTHER ORDERED that the Motion to Strike filed by Sonshine Family  S'Television, Inc. IS DENIED .  S' e 17.` ` This action is taken pursuant to authority delegated under Section 0.321 of the  S`'Commission's rules.=#`  yO'ԍ47 C.F.R.  0.321.= ` `  FEDERAL COMMUNICATIONS COMMISSION ` `  Deborah E. Klein, Chief ` `  Consumer Protection and Competition Division ` `  Cable Services Bureau