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Order Denying Mandatory Carriage Complaint

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Released: May 29, 2014

Federal Communications Commission

DA 14-736

Before the

Federal Communications Commission

Washington, D.C. 20554

In the matter of:





Nowata, Oklahoma




Docket No. 14-15




Cable One, Inc.



Adopted: May 29, 2014

Released: May 29, 2014

By the Senior Deputy Chief, Policy Division, Media Bureau:




Murphy D. Boughner, licensee of Low Power Station KGCT-CD, Nowata, Oklahoma

(“KGCT-CD”), has filed the above-captioned complaint against Cable One Inc. (“Cable One”) for its

failure to carry KGCT-CD on its cable system serving certain unspecified communities in Nowata,

Oklahoma from Cable One’s Bartlesville headend.1

Cable One filed an opposition to this complaint to

which KGCT-CD replied.2

For the reasons discussed below, we dismiss KGCT-CD’s complaint.




Both the Communications Act of 1934, as amended, and the Commission’s rules require

the carriage of “qualified” low power television (“LPTV”) stations in certain limited circumstances.3


LPTV station that conforms to the rules established for LPTV stations in Part 74 of the Commission’s

rules will be considered “qualified” if: (1) it broadcasts at least the minimum number of hours required

pursuant to 47 C.F.R. Part 73; (2) it adheres to Commission requirements regarding non-entertainment

programming and employment practices, and the Commission determines that the programming of the

LPTV station addresses local news and informational needs that are not being adequately served by full

power television broadcast stations because of the geographic distance of such full power stations from

the low power station’s community of license; (3) it complies with interference regulations consistent

with its secondary status; (4) it is located no more than 35 miles from the cable system’s headend and

delivers to the principal headend an over-the-air signal of good quality; (5) the community of license of

the station and the franchise area of the cable system were both located outside the largest 160

Metropolitan Statistical Areas (“MSAs”) on June 30, 1990, and the population of such community of

license on that date did not exceed 35,000; and (6) there is no full power television broadcast station

licensed to any community within the county or other political subdivision (of a State) served by the cable

1 See Complaint of Murphy D. Boughner, licensee of Low Power Station KGCT-CD, Nowata, Oklahoma, filed Jan.

17, 2014 (“Complaint”).

2 See Opposition of Cable One Inc. KGCT-CD Complaint, filed Feb. 19, 2014 (“Opposition”); Reply to Opposition,

filed Feb. 28, 2014 (“Reply”).

347 U.S.C. § 534(c)(1); 47 C.F.R. § 76.56(b)(3).


Federal Communications Commission

DA 14-736



Under certain limited circumstances set forth in the Commission's rules, cable systems

with more than 12 usable activated channels are required to carry low power television stations on their

channel lineups.5 Stations with 35 or fewer usable activated channels that have not filled the channel set

aside for local commercial television stations must carry one “qualified” low power television station, and

stations with more than 35 usable activated channels that have not filled the channel set aside for local

commercial television stations must carry two “qualified” low power television stations.6




According to its complaint, Cable One notified KGCT-CD of its intent to discontinue

carriage of KGCT in August 2012.7

On July 1, 2013, KGCT-CD notified Cable One in writing of KGCT-

CD’s intent to exercise its must carry rights. On July 31, 2013, KGCT-CD asserted that Cable One

notified KGCT-CD of its refusal to carry KGCT-CD claiming that the station is not qualified due to a less

than minimum signal quality level at its Bartlesville headend.8


KGCT-CD filed a complaint requesting mandatory carriage pursuant to Sections 76.7,

76.56, and 76.61 of the Commission’s rules.9

Cable One filed an opposition to the complaint again citing

KGCT’s failure to deliver a good quality over-the-air signal to the Bartlesville system’s principal headend

as required by the Commission’s rules.10

Cable One cites two signal test reports indicating little or no

signal strength.11


As outlined above, Congress has identified six factors that determine whether a low

power station is “qualified” and therefore entitled to carriage rights.12

Because a low power television

station must meet each of the six criteria required by the Act and the Commission's rules, its failure to

meet just one is fatal to its request for mandatory carriage.13

The record demonstrates that KGCT-CD

does not deliver a good quality over-the-air signal to Cable One’s principal headend, one of the six factors

that must be met.


. Nevertheless, KGCT-CD retorts that the receive antenna at Cable One’s headend is not

at the proper height for adequately testing signal strength, and as such KGCT’s signal is blocked by a

distinct hill in the path of its transmission to Cable One’s antenna;furthermore, KGCT notes the antenna

itself is directionally pointed away from the source of its signal and that by orienting it toward KGCT, an

signal strength should increase.14

However,Cable One retorts that it receives all other retransmitted off air

447 U.S.C. § 534(h)(2); 47 C.F.R. § 76.55(d).

5 Section 76.56(b)(2) provides that “[a] cable system with more than 12 usable activated channels, as defined in

Section 76.5(oo), shall carry local commercial television stations up to one-third of the aggregate number of usable

activated channels of such system.” 47 C.F.R. § 76.56(b)(2).

6 47 U.S.C. § 534(c)(1)(A); 47 C.F.R. § 76.56(b)(3).

7 Complaint at 3.

8 Id.

9 Id. at 1; 47 C.F.R. §§ 76.7, 76.56 & 76.61.

10 See Opposition at 1-2.

11 See Opposition at Exhibit A and B.

12 See 47 U.S.C. § 534(h)(2)(A)-(F) & 47 C.F.R. § 76.55(d)(1)-(6).

13 See Continental Broad. Corp. v. Jones Intercable, Inc.,, 9 FCC Rcd. 2550, 2551, ¶ 7 (CSB 1994).

14 See Reply at 1-2.



Federal Communications Commission

DA 14-736

television broadcast stations from the exact same receive antenna, and as such, there is no justification for

moving the antenna to another height on the tower.15

Second, Cable One argues it did reorient its antenna

as requested by KGCT’s Reply and retested the signal, only to find that KGCT’s signal still does not meet

the required strength.16

As stated above, KGCT’s failure to meet this single factor disqualifies it from

carriage. Because KGCT is not able to deliver a good quality over-the-air signal, it is not a qualified

LPTV station. Accordingly, for this reason, we deny the complaint of KGCT.




Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of

1934, as amended, 47 U.S.C. § 534, and Sections 76.55(d) and 76.56(b)(3) of the Commission’s rules, 47

C.F.R. §§ 76.55(d) & 76.56(b)(3), that the must carry complaint filed by Murphy D. Boughner, licensee

of Low Power Station KGCT-CD, Nowata, Oklahoma IS DENIED.


This action is taken pursuant to authority delegated by Section 0.283 of he Commission’s



Steven A. Broeckaert

Senior Deputy Chief, Policy Division

Media Bureau

15 See Letter from Craig A. Gilley, Counsel for Cable One Inc., to Marlene H. Dortch, Secretary, FCC, at 1 (Mar. 20,


16 See id. at 1 & Attached Signal Strength and Quality Test.

1747 C.F.R. § 0.283.


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