FCC Sides With Class A Licensee in 'Must-Carry' Dispute

by Doug Lung
TVTechnology.com

12.22.2010

http://www.tvtechnology.com/article/111192


The FCC issued a Memorandum Opinion and Order (DA 10-2377) granting 
WGBS-LD's request for coverage on Charter cable. What's interesting is 
that WGBS-LD challenged the way that Charter Communication VI, LLC was 
measuring its signal strength. The FCC, after its own analysis, agreed.

Because WGBS-LD is not co-located with other stations transmitters in 
that market, Charter used a lower gain antenna at a lower height for 
measuring WGBS-LD's signal, and found that it came up short by 3.53 dB. 
The antenna used for WGBS-LD was not only lower in elevation, but also 
had a peak gain spec of 7.6dBi. The antenna used to measure signal 
strength from the other stations had a 14.5 dBi gain spec--a difference 
of 6.9 dB. This was more than enough to create a shortfall in WGBS-LD's 
signal.

Based on this information, the FCC required Charter to begin carriage of 
WGBS-LD within 60 days, unless Charter submits an engineering study that 
complies with the requirement outlined in the MO&O and "demonstrates 
that WGBS-LD fails to place an adequate signal strength over Charter's 
principal headend."

The key point in this MO&O is that cable companies can't discriminate 
against stations by using inferior antennas at lower height or large 
antennas pointed the wrong direction when determining if the station 
provides adequate signal strength at their headend.

-- 
========================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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