FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013 Page: 30
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positioning rights at any time so long as they have not elected retransmission consent."6 Section 614 of
the Act and Section 76.57 of the Commission's rules provide commercial television stations with four
possible channel positioning options to which they may assert their rights. Pursuant to Section 76.57, a
commercial broadcast station may elect to be carried on: (1) the channel number on which the station is
broadcast over the air; (2) the channel number on which the station was carried on July 19, 1985; or, (3)
the channel number on which the station was carried on January 1, 1992.' A broadcast station may be
carried on any other channel number mutually agreed upon by the station and the cable operator.
3. Liberty operates cable television systems on the island of Puerto Rico, which the Commission
treats as comprising a single television market.9 America-CV is the licensee of the two Puerto Rico
stations at issue in this matter, WJPX operating out of the capital, San Juan, and WIRS, licensed to the
city of Yauco.'0 Historically, WJPX and WIRS first aired Carib6vision and subsequently the
AmericaT6v6 network, with WJPX broadcast over the air on analog Channel 24 and then digital channel
24.1." WIRS first operated as a satellite of WJPX, and although Liberty carried WJPX on its system on
cable channel 24, it was excused from carrying WIRS because the two stations aired identical
4. America-CV argues Liberty has essentially tried to cripple its launch of the MundoFox
Network in Puerto Rico on its channels.3 Recently, WJPX and WIRS became affiliates of the new
MundoFox television network, and on August 13, 2012, WJPX began airing MundoFox programming on
channel 24.1 and moved its AmericaT6v6 programming to 24.2."4 America-CV complains however that
Liberty continues to carry WJPX's AmericaT6v6 programming on cable channel 24 and has not
commenced carrying America-CV's new MundoFox programming from channel 24.1 - its "primary
stream.""' Although WIRS also commenced carrying MundoFox programming on August 13, 2012, it
placed this new programming on channel 42.2 and it continues to broadcast AmericaT6v6 programming
534(hX1XC). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television
station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. 76.55(e)2).
6 Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal
Carriage Issues, MM Docket No. 92-259, Clarification Order, 8 FCC Rcd. 4142, 4144 1 15 (1993).
7 See 47 C.F.R. 76.57(a). In its 2008 Declaratory Order concerning the carriage of digital broadcast television
signals, the Commission stated that in digital broadcasting for purposes of channel positioning, a station's over-the-
air broadcast channel number is no longer identified by reference to its over-the-air radio frequency, but instead to
its Major Channel Number as carried in its PSIP. See Carriage of Digital Television Broadcast Signal: Amendment
to Part 76 of the Commission's Rules, CS Docket No. 98-120, Declaratory Order, 23 FCC Red. 14254, 14258 15-
' See 47 C.F.R. 76.57(d).
9 It comprises a single market even though it does not appear on the Nielsen Company's DMA list. See Complaint
at 2 & n.1, citing Parson Comm. of San Juan, Inc., 16 FCC Rcd 14139, 14140 4 (2001).
'o Complaint at 1 & 3 n.4.
" See id. at 2 & 3.
12 Id. at 3. America-CV notes that Section 614(b)(5) of the Communications Act and Section 76.56(b)(5) of our
rules state that a cable operator is not required to carry the signal of any local commercial television station that
substantially duplicates the signal of another local commercial television station or to carry the signals of more than
one local commercial television station affiliated with a particular broadcast network. See 47 U.S.C. 534(b)(5); 47
'3 Reply at 7.
'4 Complaint at 2.
is Id. at 2-3.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013, book, January 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc171173/m1/45/: accessed July 18, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.