FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,229
viii, 14991-15893 p. ; 28 cm.View a full description of this book.
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coverage by other stations becomes a factor to which [the Commission] gives greater weight than in cases
where a party is seeking to add communities.""''
13. The fourth statutory factor concerns "evidence of viewing patterns in cable and noncable
households within the areas served by the cable system or systems in such community."" Massillon
Cable argues that because WGGN-TV fails to place a predicted Grade B contour over the communities
and is not considered to be significantly viewed, it likely has no significant viewing levels in the areas
served by the cable system."' As a result, Massillon Cable contends that the requested modification
would not disrupt any established viewing patterns.'" WGGN-TV argues in opposition that, just as the
Commission will not consider the historic carriage factor as controlling against a specialty station, lack of
ratings cannot be given substantial consideration by the Commission in its analysis."' Massillon Cable
argues that while viewership is generally not relevant to specialty stations, the dearth of viewership is of
evidentiary significance when tied with WGGN-TV's failure to meet the other modification factors."
14. Massillon Cable argues that of particular relevance to this proceeding is the
Commission's prior decision in Clear Pictures. Inc., in which market modification was granted to exclude
WGGN-TV from carriage because, as in this instance, the station met none of the market modification
factors."7 Massillon Cable contends that the need for modification in this case is even more compelling
because WGGN-TV's city of license is even farther away from Massillon Cable's system."" WGGN-TV
argues that grant of the petition would frustrate Congressional intent by excluding a small independent
broadcaster from a substantial portion of its rightful market."' Massillon Cable argues in reply that
WGGN-TV's contention that grant of the instant waiver would "frustrate the intentions of the 1992 Cable
Act" is unsubstantiated and should be rejected.-" Massillon Cable points out that Congress explicitly
granted the Commission the authority and discretion to modify a station's market where the
'1ld. citing Frontiersvision Operating Partners. L.I.. 17 FCC Red 9332, 9343 (2002) (In market addition
cases, the Commission use this criterion not "as a bar" but "'to enhance a station's claim where it could be shown
that other station do not serve the communities at issue."); Paxon ( inCommuniationti Corporattn. 14 FCC Red
17700 (1999); WVRNN TV AAociate' Limited Partner"%hq. 14 FCC Red 13453 (1999); Agape Church. Inc. 14 FCC
Red 2309 (1999).
"47 U.S.C. 534(h)(1)(C').
'Modification at 10.
"Id. Massillon Cable states that failure to grant its petition would require the system to delete broadcast or
non-broadcast signals to which its subscribers have become accustomed in order to accommodate carriage of
WGGN-TV.
" Opposition at 6-7, citing Erie Countv ( C'ahlevi'ion. Inc.. 13 FCC Red 6403, 6411 (1998) (citing First
Report and Order in Docket 20553, 58 FCC 2d 442, 452 (1976).
"'Reply at I1.
"i. at 10, citing 18 F('C Red 20271 (2003) ("Clear Picture").
tL. at I1. Massillon Cable notes that in Clear Picture WGGN-TV was 45-60 miles from Sandusky and in
the instant case the station is an additional 22 miles distant_
"'Opposition at 7.
7Reply at 1.15229
Federal Communications Commission
DA 11-1810
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc133013/m1/253/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.