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
BY THE COMMISSION; COMMISSIONER JOHNSON DISSENTING AND ISSUING A STATEMENT.
[*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.
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).