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Home My WebLink About20061309.tiff Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re: ) ) LeSEA Broadcasting of Denver, Inc. ) CSR-7004-M ) V. ) ) Comcast of Colorado I, LLC and, ) Comcast of Colorado II, LLC and, ) Comcast of Colorado III, LLC and, ) Comcast of Colorado IV, LLC and, ) Comcast of Califomia/Colorado, LLC and, ) Comcast of California/Colorado/Texas/Washington, Inc. ) ) Request for Mandatory Carriage ) For KWHD(TV) ) In All Communities Served by Comcast in ) To: Chief, Media Bureau OPPOSITION TO MUST CARRY COMPLAINT Comcast Cable Communications, LLC, on behalf of its affiliates and subsidiaries (together, "Comcast"or"the Company"), hereby opposes the"Complaint" filed by LeSEA Broadcasting of Denver,Inc., licensee of television station KWHD, Channel 53, Castle Rock, Colorado ("KWHD"), in the above-captioned proceeding. Comcast respectfully submits that the Complaint should be denied. The Complaint requests that the Commission order carriage of KWHD in the communities served by Comcast's Fort Collins and Greely, Colorado cable systems ("Cable 200093_t.DOC IL_Dii101uAIlc%}1`l0A 00 CA- 2006-1309 OS 0H- Ur' Communities").1 The Complaint should be denied, however, because KWHD does not deliver a signal of sufficient strength to the principal headends serving the Cable Communities. The delivery of an adequate signal to the systems' principal headends is a necessary precondition to invoking must carry rights. 47 C.F.R. § 76.55(c)(3). The signal strength tests attached hereto as Exhibit 1 confirm that KWHD's off-air signal does not meet the strength and quality requirements set forth in the Commission's rules. Additionally, even assuming the delivery of a good quality signal by the Station by other means, Comcast intends to file a petition for special relief seeking modification of KWHD's television market to exclude the Cable Communities for must carry purposes. In addition to KWHD's failure to provide an over-the-air signal of good quality to the Cable Communities, the communities at issue are separated from KWHD's city of license (Castle Rock, Colorado) by a significant distance. The systems at issue have never carried KWHD; KWHD does not provide coverage or other local service to the Cable Communities; the local stations carried by the systems serving the Cable Communities already provide news coverage of local issues including local sports and other local events; and KWHD is not generally viewed in either cable or non- cable households in the Cable Communities. The redrawing of KWHD's "must carry" boundaries to make them congruous with marketplace realities would therefore be consistent with the criteria established by Congress and the Commission. 1 See Complaint, Exhibit A. 2 For the reasons stated herein, Comcast hereby requests that the Commission issue an order dismissing or denying KWHD's Complaint. Respectfully submitted, Comcast Cable Communications, LLC, on ehalf of its affiliates and subsidiaries By: ed rick W. Giroux COLE, RAYWID & BRAVERMAN, L.L.P. 1919 Pennsylvania Avenue,N.W. Suite 200 Washington, DC 20006 (202) 659-9750 Its Attorney April 20, 2006 3 EXHIBIT 1 Must-Carry Signal Strength and Ouality Tests According to the FCC,signal strength surveys should, at a minimum, include the following: 1)specific make and model numbers of the equipment used,as well as its age and most recent date(s)of calibration; 2)description(s)of the characteristics of the equipment used,such as antenna ranges and radiation patterns;3)height of the antenna above ground level and whether the antenna was properly oriented;and 4)weather conditions and time of day when the tests were made." Generally,the signal being tested should be treated similarly to other currently-received signals in the same band(same antenna height,etc.). The initial point of measurement should be at the input to the first piece of active processing equipment(before preamp)relevant to the signal at issue. To convert dBmV to dBm,subtract 48.75 dB from the dBmV value. For a VHF station: if the initial test results are less than-55 dBm(-6.25 dBmV),at least four readings must be taken over a two-hour period. Where the initial readings are between-55 dBm(-6.25 dBmV) and-49 dBm (-0.25 dBmV), inclusive,at least six readings should be taken over a 24-hour period with measurements not more than four hours apart. For a UHF station: if the initial test results are less than-51 dBm(-2.25 dBmV), at least four readings must be taken over a two-hour period. Where the initial readings are between-51 dBm(-2.25 dBmV)and-45 dBm (+3.75 dBmV),inclusive,at least six readings should be taken over a 24-hour period with measurements not more than four hours apart. Headend Name and State/Test Location Comcast—Ft.Collins,Co Station Tested: Call Sign _KWHD Channel 53 Video Carrier Frequency _705.2500_Mhz City and State of License --Signal level-- Date Time dBmV dBM Signal/Picture Quality Problems Weather Conditions 4/12/06 1:30pm -20.8 -69.2 None Visible Clear 4/12/06 2:00pm -21.1 -70.2 Same Clear 4/12/06 2:30pm -21.7 -70.7 Same Clear 4/12/06 3:00pm -21.1 -70.2 Same Clear 4/12/06 3:30pm -21.5 -70-4 Same Clear Equipment Used for Testing: List the antenna,preamp,downconverter,downlead,etc.used to perform the tests. Indicated if the antenna is uct to a particular channel or frequency. Indicate the height of the antenna during the test, and the length and type of downlead. Indicate the output frequency or channel of the downconverter. Antenna Make: (RCA) Model: ANT3036X Analyzer Make/Model: HP 8591C Age: 6 yr Most Recent Calibration Date: 6/17/05 Antenna Height: 31 ft. Frequency: 705.2500 Channel: 53(UHF) Gain or Loss(in dB): Cable Loss 50ft F59 HEC=2.69(dB) Antenna Range/Pattern Attached: Yes or-No Antenna Properly Oriented: Yes or-No (Circle one) Block Diagram of Test Setup: See second page Name of Person Performing Test Michael Agnew Phone No. (970)-419-3108 c 31' c 17 14' O rn U) x E t6 L O) 0 50' F-59 HEC _— O ai i o CD CV CO `' O N r ¢ CO U U >w 0- E 'E .S U) O - "7:8 () oO U) N r � .- O U) U- C Computers4SURE Your Online Technology Superstore -Product Display Page 1 of 2 COMPUTERS 8tJ0.C4MPUTEI� 4SIr'e ��.Z1 .78 $ I FREE SHIPPING "440ffice moos coremmy Digital C:rt. ,:r camerae ACCeSSOfreB rtlpOnerflb Memory Servers Software Supplies t•'Clearance• rtr.^ ir Computers Cora Build 1h Your Notebooks Networking ; Cabling Monitors Printers PDAs Projectors r Scann• Business,Government or Education?Click Here Navigate: Home ► Consumer Electronics ► Televisions ► Accessories Video and Audio > Checkout > Help RCA ANT 3036X -TV antenna > Order Tracking Het > Log4n P SEARCH RCA State-of-the-art technology goes into both Em; SE a keyword: performance and style of the outdoor antennas. With their slim, unobtrusive design and ( r) Con Shop by this brand Platform: paintable surfaces,these antennas can be 4, Prit .._..'Any'._., PC Mac easily placed out of sight.Also,the outdoor Advanced Search antennas come with installation kits to make 0 Sto Memory Finder / your(read more...) Supplies Finder Notebook Finder _ ,+ Part#S4452042 Mfr#ANT3036X Best Sel Televisio PDA Finder LTB LTB- Desktop Finder Your price$59.95 True 5.1 I Connectivity Wizards FiRiEE Compare Center SHIPPING TERK HE SHOPPING CART Out of stock Ci Add to Cart antenna 1 RCA ANT 3036X- TERK SIf Subtotal:$59.95 radio anti Ovsrvlsw Tech Specc Retings Returns N Toshiba l CHECKOUT State-of-the-art technology goes into both performance and style of the outdoor TV/DVDP o Saved Carts antennas. With their slim, unobtrusive design and paintable surfaces,these antennas 14" WAYS TO SHOP can be easily placed out of sight.Also,the outdoor antennas come with installation kits to make your job as easy as possible. Made from durable and weatherproof materials,they Panasoni Our Top Brands monitor t€ are built to last. Browse by Category expansioi Vendor Showcase Special Features The ANT3036X features 36 elements, 11O"boom length and swing-out snap-lock Panasoni Computers4SURE elements. Its range is 35 miles in UHF and 60 miles in VHF/FM.A UHFNHF band -projectic Email separator is included. Philips Pr CUSTOMER CARE " ' -universe Order information control Complete Support TERK HE antenna Toshiba f bracket >>Quic Warranty Information:Applicable warranty information available for qualifying products free upon written request.Please cc support. COMPANY INFO: Press Room I Leadership I Contact Info I Career Opportunities(Location I FAQ COMPANY POLICIES: Security Info I Returns I Shipping Info I Guarantee I Legal Notices httD://www.computers4sure.com/product.asp?productid=3452042 4/17/2006 Computers4SURE Your Online Technology Superstore -Product Display Page 1 of 2 COMPUTERS 8re 0i1.0�dPtITER 1 FREE SHIPPING L ................ Al4 office mews CO Accessories �w.�prypr�s E'tec+r'_',-.^.ic:1; Cameras I htemury SIIPPlies R Build Your ComputerscomputerNotebooks Networking Cabling Monitors Printers PDAs I Projectors Scam Business,Government or Education?Click Here Navigate: Home ► Consumer Electronics ► Televisions ► Accessories Video and Audio >Checkout > Help RCA ANT 3036X -TV antenna > Order Tracking IIISM > Log-In SEARCH RCA State-of-the-art technology goes into both Ems Enter a keyword: performance and style of the outdoor antennas. Shoo by this brand Platform: With their slim,unobtrusive design and '4 ,i Con paintable surfaces,these antennas can be Pric Any+._.'PC'._.'Mac easily placed out of sight.Also,the outdoor �i+' Advanced Search antennas come with installation kits to make 0 Sto Memory Finder / your(read more...) Supplies Finder /fee Notebook Finder �,. / Part#S4452042 I Mfr#ANT3036X Best Set _ Televisio PDA Finder _ - LTB LTB- Desktop Finder Your price$59.95 True 5.1 1 Connectivity Wizards FREE Compare Center SHIPPING TERK HC Out of stock ® Add to Cart antenna SHOPPING CART 1 RCA ANT 3036X- TERK SI F Subtotal:$59.95 _ radio ante t;c OverviewTeets4peasN ERatinps .. Retu \ CHECKOUT Toshiba 11 General TV/DVD/\ Saved Carts Product Type TV antenna 14" WAYS TO SHOP Recommended Use Outdoor Weight w� 6 {Ps Panasoni Our Top Brands Localization English monitor to Browse by Category _._.__. .,._.. .__....._ - _ _ ._._-._._. ._.__ __-._.__.__.......- expansion Vendor Showcase Antenna Special Features Wave Band FM, UHF,VHF Panasoni. Computers4SURE Mounting.Kit Included vV -projectic Email Miscellaneous Philips Pr CUSTOMER CARE -universa Included_ Accessories_ Band separator _ ________ control Order Information Complete Support The information provided above Is from a third party.While we make every effort to ensure it's TERK HC accuracy,manufacturers often change technical specifications,warranty and rebate periods. antenna Computers4SURE Is not responsible for typographical or information given in error.If necessary, please contact our customer service department for additional information. Toshiba F • I bracket >> Quic ilIMMIERISIPMEA Warranty information:Applicable warranty information available for qualifying products free upon written request.Please cc support. QQMPANY INFO: Press Room I Leadership I Contact Info I Career Opportunities I Location I FAQ COMPANY POLICIES; Security Info I Returns I Shipping Info I Guarantee I Legal Notices httn://www.comnuters4sure.com/product.asp?productID=3452042&info=Tech 4/17/2006 Must-Carry Signal Strength and Quality Tests According to the FCC,signal strength surveys should,at a minimum,include the following: 1)specific make and model numbers of the equipment used,as well as its age and most recent date(s)of calibration; 2)description(s)of the characteristics of the equipment used, such as antenna ranges and radiation patterns; 3)height of the antenna above ground level and whether the antenna was properly oriented;and 4)weather conditions and time of day when the tests were made." Generally,the signal being tested should be treated similarly to other currently-received signals in the same band(same antenna height,etc.). The initial point of measurement should be at the input to the first piece of active processing equipment(before preamp)relevant to the signal at issue. To convert dBmV to dBm, subtract 48.75 dB from the dBmV value. For a VHF station: if the initial test results are less than-55 dBm(-6.25 dBmV),at least four readings must be taken over a two-hour period. Where the initial readings are between-55 dBm(-6.25 dBmV)and-49 dBm (-0.25 dBmV), inclusive,at least six readings should be taken over a 24-hour period with measurements not more than four hours apart. For a UHF station: if the initial test results are less than-51 dBm(-2.25 dBmV),at least four readings must be taken over a two-hour period. Where the initial readings are between-51 dBm(-2.25 dBmV)and-45 dBm (+3.75 dBmV),inclusive, at least six readings should be taken over a 24-hour period with measurements not more than four hours apart. Headend Name and State/Test Location Comcast—Greeley,Co. Station Tested: Call Sign _KWHD Channel _53 Video Carrier Frequency _705.2500_Mhz City and State of License --Signal level-- Date Time dBmV dBM Signal/Picture Quality Problems Weather Conditions 4-11-06 12:30PM_-39.95 -86.45 No Watchable picture at all. Clear/Nice day. 4-11-04 1:00PM -40.71 -88.21 No Watchable picture at all. Clear/Nice day. 4-11-04 1:30PM -38.26 -85.26 No Watchable picture at all. Clear/Nice day. 4-11-04 2:00PM -44.36 -91.26 No Watchable picture at all. Clear/Nice day. 4-11-04 2:30PM -44.26 -91.09 No Watchable picture at all. Clear/Nice day. Equipment Used for Testing: List the antenna,preamp,downconverter,downlead,etc.used to perform the tests. Indicated if the antenna is uct to a particular channel or frequency. Indicate the height of the antenna during the test, and the length and type of downlead. Indicate the output frequency or channel of the downconverter. Antenna Make:RCA Model: 36 Elements-3036X Analyzer Make/Model: HP/8591A Age: 14 Most Recent Calibration Date: 6/16/05 Antenna Height: 31.2 ft. Frequency: 705.2500 Channel: 53 (UHF) Gain or Loss(in dBMV):-2.3dbmv Antenna Range/Pattem Attached: -or-No Antenna Properly Oriented: -or-No (Circle one) Block Diagram of Test Setup: see separate page. Name of Person Performing Test: Bob McQuitty Phone No. (970)-336-6005 C. It - - d .4_ it Q, f 4 Z -=', -II.' rs& PI '`1. q— \iN kl 4- 4 -iik- k # c. N (AC).* E 4 I �� o ., - ' ,�, _ g .� V) A , U - ..�--- . 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Mac easily placed out of sight.Also,the outdoor Advanced Search antennas come with installation kits to make 0 Sto Memory Finder / / your(read more...) _ Supplies Finder / ' Part#S4452042 I Mfr#ANT3036X Best Sel Notebook Finder * Televisio PDA Finder _. --_ ., LTB LTB- Desktop Finder Your price$59.95 �� True 5.1 I Connectivity Wizards Compare Center SHIPPING TERK HC Out of stock ® Add to Cart - antenna SHOPPING CART 1 RCA ANT 3036X- TERK SI! Subtotal:$59.95 radio ant< Overview Tech Specs Retinas Returns OCHECKOUTToshiba State-of-the-art technology goes into both performance and style of the outdoor TV/DVDI` Saved Carts antennas.With their slim, unobtrusive design and paintable surfaces,these antennas 14" WAYS TO SHOP can be easily placed out of sight.Also,the outdoor antennas come with installation kits to Panasoni make your job as easy as possible. 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COMPANY INFO: Press Room I Leadership I Contact Info J Career Opportunities I Location I FAQ COMPANY POLICIES: Security info I Returns I Shipping Info J Guarantee I Legal Notices http://www.computers4sure.com/product.asp?productid=3452042 4/17/2006 Computers4SURE Your Online Technology Superstore -Product Display Page 1 of 2 COMPUTERS ao0.COMPVTEa 4ii, 800.268.7883 I FREE SHIPPINGL All Office=POT COMPAMY r N C.^su r:,c r Digital Accessories Components E`.:.ttc: ii^s Cameras Memory Servers Software Supplies Clearance R reomputers C t "r Notebooks Networking Cabling Monitors Printers PDAs Projectors Scanni Business,Government or Education?Click Here Navigate: Home D. Consumer Electronics I. Televisions ► Accessories Video and Audio > Checkout > Help RCA ANT 3036X -TV antenna 1 > Order Tracking tie�p� > Log-In IEMZEMMIll RCA State-of-the-art technology goes into both L Emz Eater a keyword: performance and style of the outdoor antennas. Shopby this brand With their slim,unobtrusive design and [41.'i1. Con Platform: paintable surfaces,these antennas can be easily placed out of sight.Also,the outdoor Itiv Pnc Advanced Search antennas come with installation kits to make 0 Sto Memory Finder f �/ % your(read more...) Supplies Finder ' , �� Notebook Finder f Part#S4452042 I Mfr#ANT3036X Best Sel _ ,, Televislo PDA Finder ` - LTB LTB- Desktop Finder Your price$59.95 FRi�E True 5.1 I Connectivity Wizards Compare Center SHIPPING TERK HE Out of stock ® Add to Cart antenna SHOPPING CART 1 RCA ANT 3036X- TERK SIF Subtotal:$59.95 radio ante Overview Tech Specs Ratings. -Returns Toshiba A CHECKOUT - General TV/DVDA Saved Carts Product Type _ TV antenna _ — 14" WAYS TO SHOP Recommended Use Outdoor Weight 6lbS Panasoni Our Top Brands Localization —�� English monitor to Browse by Category expansior Vendor Showcase Antenna Special Features Wave Band FM, UHF, VHF Panasoni. Computers4SURE Mounting Kit _ Included prolectic Email - r Philips Pr Miscellaneous CUSTOMER CARE -universa Included Accessories Band separator Order Information — — control Complete Support The information provided above is from a third party.While we make every effort to ensure ifs TERK HE accuracy,manufacturers often change technical specifications,warranty and rebate periods. antenna Computers4SURE is not responsible for typographical or information given in error.If necessary, please contact our customer service department for additional information. Toshiba F • bracket >> Quic illimemeletlealliallt Warranty Information:Applicable warranty information available for qualifying products free upon written request.Please cc support. COMPANY INFO: Press Room I Leadership I Contact Info I Career Opportunities I Location I FAQ COMPANY POLICIES: Security Info I Returns I Shipping Info I Guarantee I Legal Notices http://www.computers4sure.com/product.asp?productID-3452042&info=Tech 4/17/2006 CERTIFICATE OF SERVICE I, Fariba Naim, hereby certify that a true and correct copy of the foregoing "Opposition to Must Carry Complaint" has been sent by first-class mail,postage prepaid, this 20th day of April, 2006 to the following: Weld County Commissioners The Hon. Doug Hutchinson Weld County, Colorado Mayor, Fort Collins, CO 915 Tenth Street 1315 Whedbee Street Post Office Box 758 Fort Collins, CO 80524 Greeley, CO 80632 Frank Lancaster Roy Otto, City Manager Larimer County Manager City of Greeley, CO 200 W. Oak Street 1000 10th Street Post Office Box 1190 Greeley, CO 80631 Fort Collins, CO 80522-1190 Joseph C. Chautin, III, Esquire Elise M. Stubbe, Esquire Hardy, Carey, Chautin &Balkin, LLP 110 Veterans Boulevard Suite 300 Metairie, Louisiana 70005 Fariba Naim 200093_I.DOC Hello