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Home My WebLink About20060995.tiff r(•:;-- Hardy, Carey, Chautin & Balkin, LLP ATTORNEYS AT LAW 110 Veterans Memorial Boulevard,Suite 300 Metairie,Louisiana 70005 Telephone 504.830.4646 Facsimile 504.830.4659 www.hardycarey.com March 21, 2006 Joseph Chautin, III i chautinQl ardvcarey.com Direct Dial: 504.830.4643 2317.107 Via Hand Delivery Ms. Marlene Dortch, Secretary Federal Communications Commission 445 12°i Street, SW Washington, DC 20554 Re: LeSEA Broadcasting of Denver,Inc. v. Comcast of Colorado I, LLC, et al Dear Ms. Dortch: Please find enclosed an original and four (4) copies of the above referenced petition that we are filing on behalf of our client, LeSEA Broadcasting of Denver, Inc. If you have any questions, please do not hesitate to contact me. Kindest regards, osep C. Chautin,III JCC:ems End. cc: Tony Hale Service List (lamina/du-All eM. tt" CAL 2006-0995 Ott 03-Ne Before the FEDERAL COMMUNICATIONS COMMISSION Washington,D.C. In re: ) ) LeSEA Broadcasting of Denver, Inc. ) CSR- -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 California/Colorado, LLC and, ) Comcast of California/Colorado/Texas/Washington, Inc. ) ) Request for Mandatory Carriage ) for KWHD(TV) ) in All Communities Served by Comcast in ) Larimer and Weld Counties, Colorado' ) ) To: Chief,Media Bureau COMPLAINT LeSEA Broadcasting of Denver, Inc. ("LeSEA"),the licensee of analog television station KWHD, Castle Rock, Colorado ("KWHD"or"the Station"), by its attorneys and pursuant to Section 614(d)of the Communications Act of 1934, as amended, and Section 76.6 of the Commission's rules,hereby files this carriage complaint against Comcast of Colorado I, LLC, ' See Exhibit A for complete listing. Comcast of Colorado II,LLC, Comcast of Colorado III,LLC, Comcast of Colorado IV,LLC, Comcast of California/Colorado,LLC, and Comcast of California/Colorado/Texas/Washington, Inc. (collectively"Comcast"). Comcast has denied carriage to LeSEA's station KWHD, which is licensed within the Denver DMA, on all of its systems serving Larimer and Weld Counties, Colorado, also located in the Denver DMA. Facts 1. On September 23,2005,LeSEA elected must-carry status for KWHD on channel 18 on all of Comcast's systems serving the Denver DMA for the election cycle beginning January 1, 2006? Exhibit B. 2. As of January 1, 2006,the first day of the three-year election cycle, Comcast had not begun carriage of KWHD on any of its systems serving communities in Larimer and Weld Counties. The non-carriage of KWHD on those systems continued through February 7,2006. 3. On February 8, 2006,LeSEA sent a letter,via certified mail return receipt requested,to Comcast demanding carriage of KWHD in these communities pursuant to Section 76.61(a)(1)of the Commission's rules. The letter demanded that Comcast commence carriage immediately or set forth reasons as to why it is not carrying KWHD on these systems. Per Section 76.61(a)(1), Comcast's response was due March 10, 2006. Comcast never responded to LeSEA's demand letter. 4. To date, KWHD is still not being carried in these communities. Since Comcast has not commenced carriage of KWHD on these systems and has not responded to LeSEA's 2 In its February 8, 2006 demand letter, LeSEA claimed its election was made on September 20,2005. This is a typographical error. -2- demand,LeSEA had no alternative but to file this complaint in order to compel Comcast to commence carriage.3 Argument KWHD is fully qualified for carriage on all of Comcast's systems serving Larimer and Weld Counties pursuant to Section 76.55(c) of the Commission's rules, which triggers carriage rights when a television station's community of license and a cable company's franchise areas are in the same DMA. First, KWHD is licensed to Castle Rock in Douglas County, Colorado, which is located in the Denver DMA." Comcast,through its various limited liability companies, is the franchisee of multiple systems located in Larimer and Weld Counties which are also in the Denver DMA. Second, Comcast has not advised LeSEA that KWHD fails to deliver a good quality signal to the various headends associated with the systems at issue in this complaint. In addition to KWHD's carriage qualifications,LeSEA also followed all of the required steps in the carriage election process. First, on September 23, 2005, LeSEA made a valid election for carriage of KWHD on all of Comcast's systems in the Denver DMA following the requirements set forth in Section 76.64(0(2) of the Commission's rules. Moreover, when LeSEA determined that the station was not being carried on Comcast's systems in Larimer and Weld Counties, LeSEA followed the correct procedure by sending a letter on February 8, 2006 demanding carriage and waited the mandated 30 days for either the commencement of carriage or a reply. LeSEA's complaint is timely filed as it is being filed within sixty(60)days of March 10, 2006,the date when Comcast's response to its demand letter was due. °Broadcasting& Cable Yearbook 2005, page B-167. -3- In spite of these facts, Comcast has continued to ignore LeSEA's demand for carriage and has not even responded to LeSEA's demand for a reason as to why KWHD is not being carried on these systems. Comcast is therefore willfully refusing to carry KWHD and will continue to do so until ordered to begin carriage by the Commission. As such, LeSEA respectfully requests that the Commission order Comcast to immediately begin carriage of KWHD on all of its systems in Larimer and Weld Counties. Respectfully submitted: LeSEA Broadcasting ti- of Denver, Inc. By: V -( _ , Joseph Chautin, III,Esq. Elide . Stubbe,Esq. Hardy, Carey, Chautin&Balkin, L.L.P. 110 Veterans Boulevard, Suite 300 Metairie, Louisiana 70005 (504) 830-4646 Its Attorneys Dated: March , 2006 -4- DECLARATION UNDER PENALTY OF PERJURY I, Anthony Hale,Vice-President of LeSEA Broadcasting of Denver, Inc., do hereby declare under penalty of perjury that I have read the foregoing and attached exhibits and that the facts contained herein (as opposed to any legal conclusions derived therefrom) are true and accurate to the best of my knowledge, information and belief. Ant ony Hale -5- VERIFICATION I, Joseph C. Chautin, III, counsel for LeSEA Broadcasting of Denver, Inc. and signatory on the foregoing complaint, do hereby verify in accordance with 47 C.F.R. § 76.6(a)(4), that I have read the complaint and to the best of my knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and that it is not interposed for any improper purpose. Jose Chautin, III -6- CERTIFICATE OF SERVICE I, Joseph C. Chautin, III do hereby certify that a copy of the foregoing must-carry complaint was mailed on this_ day of March, 2006 via first-class mail,postage pre-paid to the following: Scott Binder The Hon.Doug Hutchinson Senior VP- Comcast Cable Mayor, Fort Collins,CO 8000 E. Iliff Avenue 1315 Whedbee Street Denver,CO 80231 Fort Collins, CO 80524 Doug Gaston,Esq. Frank Lancaster Senior VP&General Counsel Larimer County Manager Comcast Cable 200 W. Oak Street 1500 Market Street P.O. Box 1190 Philadelphia,PA 19102 Fort Collins, CO 80522-1190 Weld County Commissioners Roy Otto, City Manager Weld County,Colorado City of Greeley, CO 915 Tenth Street 1000 10th Street P.O.Box 758 Greeley, CO 80631 Greeley, CO 80632 • Joseph autin, III -7- Exhibit A CUID Community County Entity CO0047 Greeley Weld Comcast of Colorado IV, LLC CO0048 Weld (uninc) Weld Comcast of Colorado IV, LLC CO00132 Fort Collins Larimer Comcast of California/Colorado, LLC CO00152 Loveland Larimer Comcast of Colorado II, LLC CO00168 Frederick Weld Comcast of Colorado IV, LLC CO00169 Dacono Weld Comcast of Colorado IV, LLC CO00170 Firestone Weld Comcast of Colorado IV, LLC CO00181 Lasalle Weld Comcast of Colorado IV, LLC CO00213 Fort Lupton Weld Comcast of Colorado I, LLC CO00217 Windsor Weld Comcast of Colorado IV, LLC CO00218 Evans Weld Comcast of Colorado IV, LLC CO00219 Garden City Weld Comcast of Colorado IV, LLC CO00265 Berthoud Larimer Comcast of Colorado I, LLC CO00272 Evanston (uninc) Weld Comcast of Colorado IV, LLC CO00282 Larimer (uninc) Larimer Comcast of Colorado III, LLC CO00301 Lochbuie Weld Comcast of California/Colorado/Texas/Washington, Inc. CO00302 Weld (uninc) Weld Comcast of California/Colorado/Texas/Washington, Inc. CO00410 Larimer (uninc) Larimer Comcast of Colorado I, LLC CO00481 Larimer (uninc) Larimer Comcast of California/Colorado, LLC CO00492 Weld (uninc) Weld Comcast of Colorado I, LLC CO00503 Fort Collins (res) Larimer Comcast of California/Colorado, LLC EXHIBIT A Mar-89-06 0S:51am Frem-XW+iD '4 53 .. *303?925303 "-VS P C2/Z3 F-359 �4`�G nlc rt+y�>>J r e !V 'E * ':C' " 7 �HJSSlrC77• Cf}Ar ET�fF}tSSECTt�Jl�N•ELN Y z, Mi% 53la V Complete items 1,2,and 3.Aso como,ote A SiQrat�rs o ' Item 4�f Restricted Delivery Is desired. �,. ,, ,,. • ^As,R U Print your name sets address an the reveres '.. 0 hearer.*ae Z so that we can return the card to you. e. Dace eo by(Penton Nano; uu.at OttWary W ti Attach this card to the back of the MedIpiece, , .6" .1 or on the pant if space psrrhltx ------.--. —— - D. h awry o3a'rr.;s 00arnt+orn horn t? 0 vas 1. ArU�cle Add A., tick../14.22-2. �P tt YES,wowrSsi"wey adores*below: 0 No e/ September 22, 2005 j��fi.��.Lc �J-� a r , ' Gntlriao Matt O Expaoa Mal 1 �y ,1I ( Q j y9 6( 0Registered O tasn:m Reap**forMnrrt*na su D'/"`' ❑insured Mel ❑C.O.D. 4 FP. ed Delivery?Extra irso C3 Yes SCOTT BIN1�DER, SE's ..._.-. i , ._ COMCAST CABLE 2 Nook.NumberMesser been 70015 11,60aatl3 7027 S?ti6 8000 E IL1FF AVE PS form 3811,February 2004 Dome:0c Jiewm Miu+at It:asst.l�S1.154e DENVER, CO 802` I KWHO hereby elects !viandatory carriage on all of your cable systems serving the Denver DMA for the 3-year election cycle beginning January 1, 2006 and ending December 31,2008 f_rr KWHD,licensed to Castle Rock, Colorado in the Denver Television DMA.KWHD elects to be carried on channel 18 for the upcoming election cycle. • Please contact the ur:•lersigned should you have any objections to this must-carry election. Sincerely, fr fit¢ + .___ U.S. Postal Service 0 CERTIFIED MAIL.. RECEIPT z- ru (t1,..,,,,i-r t;tit Only;No insurance Coverage Provia.d1 U, FnrM;wanrYlnitrrrrR4UonY rt. rw:. .slieatwvnr.0 S e . Mark Walker ru OFFCIAL General Manager cl � , •— KWHD v 12999 East Jamison Circle m C`ed Fee I 2 ail Englewood, CO 8C i 12 an t� at itor#wAt t(Sit? C�� Vial Pewees i fees L$pa ; Ei zit_ii,„46,,.s...i.....„....ip (07,4444,0 i 9 it ... . woo aorta fit.. ._,T2 _.1. L.._.... u�..ice ✓ � . ..._.,_. « 4....2 ,r .. .. .SR�RtNe.fM IM 4r.::1MIC.'iiDIN Also serving Colorado Springs with KWHHS -TV 51 EXHIBIT D5____ War-09-1t 49:5ias Prop-KWaD N 53 +5C11925393 T- '5 P.CS/C1 F-SSa $ENeE':GehtPLETE 7HlS S[CTeeN CQA%FGETL 7ffl;SL+C7J�N•N AF tRY ■ Gempiete Hems 1,2,and 3.A}so cotnpiete A. big*�a0:, item 4 N Rname ctso betwery Is agree I� ■ Print yow'tent+urd aritlrears on tho rev. X �� D Ad rap Imo ?tot: ++w can rbium The cgtd to you. 8. wd bye as _ .:�of■ mt of 'drift card to mts eacaod the t1l9Np:eels, / or on the irotrt d space pormts. rI 1. Ankh AdaioFaed to: 0. Is 000pary sideass different*ren ho .1 II YES.enter eetaweY addwca t,ak,w: O Nn �r,r.t-ffr7 g0,15 E. ILI /n� a sewioa Type • 7J'f'L+ti " C u torn ied Molt O Es/m s Mon K� 2,3/ ! H�M�vwe tJ Flown el000tot for Ar rundt f v i ©tneWea twr!' 0 G,O.D. n 14. Rsztrfcted Dellveelrl*ors Foy D Yeas February 8,2006 2. Attlee Number Mons*from soot.al*7 mf Ii(90 OQT 2- rO2.- i43 r P!3'=tarn 3811,February 2004 0 Y,5stk Re_e*I Rtchpt ux;vs.u.u,salt SCOTT BINDER,SENIOR.VP COMCAST CABLE 8000 E ILIFF AVE DEN'V'ER,CO 807431 Re:Carriage of KW:1m,Castle Rock,Colorado Dear Mr. Binder: elected mandatory carriage on Comcast's cable system September serving Fort 21Col KWHD Weld and Latimer Counties in the Deriver serving Collins,Greeley,a beginning January 1,2006 and ending DMA for the three year election December 31,2048. In accordance with the FCC's and that rites election obligation KWHIYs right to ci wcable age on your system to e during the specified cycle. We have learned that Corn e commence t commence carriage systems,and hereby demand that carr►ag carrying RyVHD on these cable sys of the FCC's immediately.This I'ter is written pursuant to 47 C.F.R. §76.61(a)(1) rules to rules,which triggers Comcast's obligation under§76.61(a)(-) respond within thirty(30)days by either commencing carriage or setting forth reasons and proof for not commencing carriage.A response at your earliest opportunity is appreciated. If there are any questions,please contact Mark Walker at 303-799-8853. Sincerely, rif-,1va ..___. Mark Walker General Manager KWHD 12999 East Jamison Circle Englewood,CO&:•112 EXHIBIT 1 C Hello