******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Complaints of Hope Television, Inc.) CSR-5219-M, CSR 5222-M & CSR 5225-M v. Friendship Cable of Arkansas, Inc.) ) Petition for Reconsideration ) MEMORANDUM OPINION AND ORDER Adopted: April 1, 1999 Released: April 5, 1999 By the Deputy Chief, Cable Services Bureau: I. INTRODUCTION 1. Friendship Cable of Arkansas, Inc. ("Friendship") filed separate petitions for reconsideration of each of three Memorandum Opinion and Orders, DA 98-1415, DA 98-1416 and DA 98-1417, released July 20, 1998 in the captioned proceedings. Hope Television, Inc., licensee of Low Power Television Station KTSS-LP (Channel 55), Hope, Arkansas, filed oppositions to each of the petitions, and Friendship filed replies. II. BACKGROUND AND ANALYSIS 2. The Bureau Orders granted Hope's three must carry complaints seeking carriage of low power station KTSS-LP on Friendship's cable systems serving Delight, Antoine, Lewisville, Buckner, Stamps, and Nashville, Arkansas, subject to the condition that Friendship provided, within fifteen (15) days of the release of the Bureau Orders, an engineering study providing data showing that KTSS-LP failed to deliver a good quality signal to the headends of Friendship's cable systems. The record shows that the parties have jointly conducted studies establishing to their mutual satisfaction that, with the aid of certain pre-amp equipment and special antennas, KTSS-LP can deliver a good quality signal to each of the cable systems' principal headends. Thus, the sole issue before us in the Bureau Orders is now moot. 3. Friendship contends for the first time on reconsideration that the cable systems serving Delight, Antoine, and Nashville are presently carrying the statutory quota of qualified low power stations and therefore should not be ordered to commence carrying KTSS-LP. Section 1.106(c) of the Commission's rules provides that a petition for reconsideration that relies on facts not previously presented may be granted only if those facts occurred, changed, or became known to the petitioner since the last opportunity to present those matters to the Commission. Although Friendship did not fully satisfy the requirements of Section 1.106(c) by showing that the carriage of other low power stations is either a new occurrence, a changed circumstance, or became known to Friendship since the last opportunity to present those matters to the Commission, we decline to dismiss the petition for reconsideration on those grounds as requested by Hope. The public interest requires that we consider whether Friendship's carriage of statutory quota of low powered stations is established on this record. 4. Friendship, however, provided insufficient information to establish that the low power stations being carried are "qualified low power stations" as defined in Section 614(h)(2) of the Communications Act. Specifically, Friendship provided no information demonstrating that those stations meet all of the obligations and requirements applicable to television broadcast stations under 47 C.F.R. Part 73. Friendship's reconsideration petitions provided only the locations, call letters and channel assignments of the stations. On the other hand, the only disputed matter concerning KTSS-LP's qualification for carriage concerned the strength of the station's signal at the headends of Friendship's cable systems, a matter that has become moot, as noted above. III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED, that the petitions for reconsideration filed by Friendship Cable of Arkansas, Inc. in File Nos. CSR 5219-M, CSR 5222-M and CSR 5225-M ARE DENIED, the Memorandum Opinion and Orders, DA 98-1415, DA 98-1416 and DA 98-1417, released July 20, 1998, ARE MODIFIED, and Friendship Cable of Arkansas, Inc. IS ORDERED to commence carriage of KTSS-LP on its cable systems serving Lewisville, Buckner, Stamps, Delight, Antoine and Nashville, Arkansas, within sixty (60) days after Hope Television, Inc. installs any necessary equipment for KTSS-LP to deliver a good quality signal to the headend of Friendship's cable system serving those communities. 5. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau