In Re REGIONAL CABLE CORP., D.B.A. GLEN ROCK CABLE CORP.,
GLEN ROCK, PA.; REGIONAL CABLE CORP., D.B.A. DILLSBURG CABLE TV CO., DILLSBURG,
PA.; REGIONAL CABLE CORP., D.B.A. SPRING GROVE CABLE TV CO., SPRING GROVE, PA.
For Certificates of Compliance
CAC-1038 PA09A; CAC-1208 PA58A;
CAC-1244 PA1022
39 F.C.C.2d 494
RELEASE-NUMBER: FCC 73-123
February 8, 1973 Released
Adopted January 31, 1973
JUDGES:
BY THE COMMISSION; COMMISSIONER JOHNSON DISSENTING AND ISSUING A STATEMENT.
OPINION:
[*494] 1. Regional
Cable Corporation has filed applications for certificates of compliance to
begin cable television service at Glen Rock, Dillsburg, and Spring Grove,
Pennsylvania, small communities located within the Harrisburg-Lancaster-York,
Pennsylvania television market (the 57th largest television market). Each
cable system will be separately operated, although Regional intends to build
uniform 27 channel capacity systems carrying the identical signals in every
community. The signals of the following stations are proposed for
carriage: WLYH-TV (CBS), WGAL-TV (NBC), Lancaster, Pennsylvania; WSBA-TV (CBS),
York, Pennsylvania; WITF-TV (Educ.), Hershey, Pennsylvania; WHP-TV (CBS), WTPA
(ABC), Harrisburg, Pennsylvania; WMPB (Educ.), WBAL-TV (NBC), WJZ-TV (ABC),
WMAR-TV (CBS), Baltimore, Maryland; WTTG (Ind.), WDCA-TV (Ind.), Washington,
D.C. These applications are unopposed, and the proposed signal carriage
is consistent with Section 76.63 of our Rules.
2. The Commission's Rules
require new cable systems intending to begin operations in the major television
markets to have a capacity of twenty channels, two-way communications
capability and separate channels for public, educational and local government
access in each community. Regional requests a partial waiver of Section
76.251 of the Rules insofar as this Rule requires that it provide three
separate access channels in each community. At the present time, the
applicant contends that it has neither the personnel nor the financial ability
to comply wholly with Section 76.251 of the Rules. Moreover, each community
is a very small one, and it is most unlikely that sufficient demand will
develop in each community for the provision of three separate access
channels. Glen Rock's 1970 population was 1,590; Dillsburg's was 1,434;
and Spring Grove's was 1,662. There are no more than 600 homes
[*495] in any community, and at best Regional can hope to obtain fewer
than 400 subscribers for any one of its systems. As an alternative to
full compliance, Regional urges that one common access channel per community
should satisfy any immediate demand for access.
3. We have provided similar
relief in Stark County Communications, Inc., FCC
72-1189, FCC 2d (1972).
Small systems which happen to be located in major television markets will be
spared the expense of full compliance with Section 76.251 of the Rules in
appropriate situations. We believe that the small size of these
particular communities justifies the partial waiver requested, and
certification will be authorized; however, should sufficient demand for full
access develop in these communities, then we expect Regional Cable Corporation
to make additional access channels available.
In view of the foregoing, the
Commission finds that a partial waiver of Section 76.251 of the Rules and grant
of the above-captioned applications would be consistent with the public
interest.
Accordingly, IT IS ORDERED, That
Reginal Cable Corporation IS GRANTED a partial waiver of Section 76.251 of the
Rules to the extent indicated in paragraph 3 above.
IT IS FURTHER ORDERED, That the
applications (CAC-1038, 1208, 1244) for certificate of compliance filed by
Regional Cable Corporation for Glen Rock, Dillsburg and Spring Grove,
Pennsylvania ARE GRANTED and appropriate certificates of compliance will be issued.
FEDERAL
COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
DISSENT:
DISSENTING STATEMENT OF COMMISSIONER
NICHOLAS JOHNSON
I dissent to the grant of these
certificates of compliance and to the majority's waiver of our public, educational
and governmental access rules for the reasons set forth in my dissents to Stark
County Communications, FCC 2d
(1973), and Saginaw Cable TV Co. (decided this day).