FCC Record, Volume 28, No. 1, Pages 1 to 975, January 2 - January 31, 2013 Page: 34
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prior to deleting or repositioning a station on that system, or prior to any other rate or service change.4'
11. We find that Liberty could not put MundoFox network programming on channel 24 and
delete AmericaTdvd programming or reposition it onto channels 41 or 42 (which may or may not also
require repositioning the FX channel, currently on channel 42), without first giving its subscribers 30 days
advance notice, as these amounted to the service changes anticipated by the rules discussed above. In
order to provide 30 days' notice, it was necessary for Liberty to receive notice of AmericaCV's election
to change WJPX's primary video programming stream 30 days prior to August 13th, or at least by July
14, 2012. No such notice was ever provided by America-CV to Liberty. America-CV's June 25th
demand letter concerned a change in programming for WIRS, and this letter could have given Liberty 30
days, or until July 25, 2012, to inform subscribers that it would start carrying WIRS or to state its reasons
for not carrying it.42 However, WIRS could not provide a good quality signal to Liberty's headend, and
Liberty could not have known of America-CV's intention to use WJPX's secondary stream to deliver
WIRS until it knew of WJPX's intent to put AmericaTdv6 programming on its secondary stream, which it
only learned of on August 13th. Therefore, because Liberty did not have sufficient time to inform its
subscribers of America-CV's programming changes, it did not err in failing to carry these stations.
However, given that these stations' carriage rights are now clarified, Liberty must now notify its
subscribers and start carrying these stations.
V. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED that pursuant to Section 614 of the Communications Act of
1934, as amended, 47 U.S.C. 534, the must carry complaint filed by America-CV Station Group, Inc.,
licensee of commercial broadcast television stations WJPX, Channel 24, San Juan, Puerto Rico and
WIRS, Channel 42, Yauco, Puerto Rico, seeking to ensure carriage of these stations on cable systems
operated by Liberty Cablevision of Puerto Rico, Inc. IS GRANTED.
13. IT IS FURTHER ORDERED that Liberty Cablevision MUST COMMENCE
CARRIAGE of WJPX and WIRS within 60 days of this order, subject to WIRS's delivery of a good
quality signal to Liberty's relevant cable system headend and to Liberty's subscribers receiving 30 days'
notice concerning these service changes.
14. This action is taken under authority delegated by Section 0.283 of the Commission's
FEDERAL COMMUNICATIONS COMMISSION
Steven A. Broeckaert
Senior Deputy Chief, Policy Division
41 47 C.F.R. 76.1601 & 47 C.F.R. 76.1603(c).
42 See 47 C.F.R. 76.61(a)(2). Further, Liberty could not commence carriage of WIRS in July if it involved a
repositioning, because, as the Note to Section 76.1601 clarifies, no deletions or repositionings are to occur during a
period in which ratings services measure audience sizes, as audiences are typically measured "during the four
national four-week ratings periods - generally including February, May, July and November - commonly known as
audience sweeps." 47 C.F.R. 76.1601, Note 1.
43 47 C.F.R 0.283.
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/m1/49/: accessed July 21, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.