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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 re Petition of ) ) Channel 39, Inc. ) ) For Modification of Television Market of ) CSR 5130-A Station WDZL, Miami, Florida ) MEMORANDUM OPINION AND ORDER Adopted: February 17, 1998 Released: February 20, 1998 By the Deputy Chief, Cable Services Bureau: 1. Channel 39, Inc. ("Channel 39") filed the captioned petition which seeks to include certain Palm Beach County, Florida communities within the market of television station WDZL(TV) (Channel 39), Miami, Florida. Oppositions to the petition have been filed by Adelphia Cable Communications ("Adelphia"), Comcast Cablevision of West Palm Beach, Inc. and Comcast Cablevision of Boca Raton, Inc., operators of cable systems in Palm Beach County, and by C-34 FCC Licensee Subsidiary, LLC, licensee of television station WTVX(TV), Ft. Pierce, Florida, ("C-34"), Malrite Communications Group, Inc., licensee of television station WFLX-TV, West Palm Beach, Florida, ("Malrite"), and Freedom WPEC, Inc., licensee of television station WPEC, West Palm Beach, Florida, ("Freedom"). Channel 39 filed a consolidated reply to the oppositions. The communities affected by the petition are listed on Appendix "A." BACKGROUND 2. Pursuant to Section 614 of the Communications Act of 1934, as amended by the Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act"), and implementing rules adopted by the Commission in its Report and Order in MM Docket 92-259, commercial television broadcast stations are entitled to assert mandatory carriage rights on cable systems located within the station's market. A station's market for this purpose is its "area of dominant influence" or ADI as defined by the Arbitron audience research organization. An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. Essentially, each county in the United States is allocated to a market based on which home-market stations receive a preponderance of total viewing hours in the county. For purposes of this calculation, both over-the-air and cable television viewing are included. 3. The Commission is also directed to consider changes in market areas. Section 614(h)(1)(C) further provides that the Commission may: with respect to a particular television broadcast station, include additional communities within its television market or exclude communities from such station's television market to better effectuate the purposes of this section. In considering such requests, Section 614(h)(1)(C)(ii) provides that: the Commission shall afford particular attention to the value of localism by taking into account such factors as -- (I) whether the station, or other stations located in the same area, have been historically carried on the cable system or systems within such community; (II) whether the television station provides coverage or other local service to such community; (III) whether any other television station that is eligible to be carried by a cable system in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and (IV) evidence of viewing patterns in cable and non-cable households within the areas served by the cable system or systems in such community. 4. The legislative history of this provision indicates that: where the presumption in favor of ADI carriage would result in cable subscribers losing access to local stations because they are outside the ADI in which a local cable system operates, the FCC may make an adjustment to include or exclude particular communities from a television station's market consistent with Congress' objective to ensure that television stations be carried in the areas which they serve and which form their economic market. * * * * * [This subsection] establishes certain criteria which the Commission shall consider in acting on requests to modify the geographic area in which stations have signal carriage rights. These factors are not intended to be exclusive, but may be used to demonstrate that a community is part of a particular station's market. 5. The Commission provided guidance in its Report and Order in MM Docket 92-259, supra, to aid decision making in these matters, as follows: For example, the historical carriage of the station could be illustrated by the submission of documents listing the cable system's channel line-up (e.g., rate cards) for a period of years. To show that the station provides coverage or other local service to the cable community (factor 2), parties may demonstrate that the station places at least a Grade B coverage contour over the cable community or is located close to the community in terms of mileage. Coverage of news or other programming of interest to the community could be demonstrated by program logs or other descriptions of local program offerings. The final factor concerns viewing patterns in the cable community in cable and non-cable homes. Audience data clearly provide appropriate evidence about this factor. In this regard, we note that surveys such as those used to demonstrate significantly viewed status could be useful. However, since this factor requires us to evaluate viewing on a community basis for cable and non-cable homes, and significantly viewed surveys typically measure viewing only in non-cable households, such surveys may need to be supplemented with additional data concerning viewing in cable homes. In adopting rules to implement this provision, the Commission indicated that changes requested should be considered on a community-by-community basis rather than on a county-by-county basis and that they should be treated as specific to particular stations rather than applicable in common to all stations in the market. 6. Adding communities to a station's market generally entitles that station to insist on cable carriage in those communities. However, this right is subject to several conditions: 1) a cable system operator is generally required to devote no more than one-third of the system's activated channel capacity to compliance with the mandatory signal carriage obligations, 2) the station is responsible for delivering a good quality signal to the principal headend of the system, and 3) the system operator is not required to carry the signal of any station whose signal substantially duplicates the signal of any other local signal carried, or the signals of more than one local station affiliated with a particular broadcast network. If, pursuant to these requirements, a system operator elects to carry only one such duplicating signal, the operator is obliged to carry the station from the ADI whose city of license is closest to the principal headend of the cable system. Accordingly, depending upon the circumstances involved, the addition of communities to a station's market may have the following consequences. It may guarantee that station's carriage in the subject communities. Should there be more must-carry stations than one-third of the system's channel capacity, it would provide the system operator with an expanded list of must- carry signals from which to choose. Should the station be a duplicating network station, it will determine which station has priority carriage in the subject communities added. MARKET FACTS AND ARGUMENT 7. Station WDZL is located in the Miami-Ft. Lauderdale ADI. On April 1, 1997, Channel 39 commenced operating WDZL under modified facilities employing a directional antenna, increased antenna height and increased effective radiated power, which extends the station's viewable signal farther to the north into the West Palm Beach-Ft. Pierce-Vero Beach ADI than previously possible. Hoping to benefit from this newly extended signal coverage, Channel 39 filed the instant petition seeking to include the Communities, which are located in Palm Beach County, Florida, immediately north of the Miami-Ft. Lauderdale ADI and within the West Palm Beach-Ft. Pierce-Vero Beach ADI, within WDZL's market. Adelphia and Comcast, who operate cable systems within those communities, and C-34, Malrite, and Freedom, who operate television stations carried on those cable systems, oppose this request. 8. Channel 39 supports its petition in the main with engineering studies purporting to show that most of the Communities are located within WDZL's Grade A or Grade B signal contours. The engineering study presented with Channel 39's reply, utilizing a "Longley-Rice propagation model," purports to show WDZL's Grade A signal covering 81.2%, and its Grade B signal covering 94.8%, of Palm Beach County, and thus providing technical coverage of all of the communities at issue here. Channel 39 also presented an engineering study utilizing traditional Commission methodology described in 47 C.F.R.  73.684, which shows technical coverage extending shorter distances and covering lesser portions of some of the more distant communities. Channel 39 none-the-less contends this study shows Grade A coverage over twenty two of the Communities and Grade B coverage of the others. 9. With respect to programming, Channel 39 identified two programs as providing local program services to the Communities. It identifies the "Peacemaker Campaign" as a joint effort between WDZL and The Peace Education Foundation to provide educational programming addressing the development of dispute resolution skills in Palm Beach County schools. The other is "One for the Community," a joint effort between the station and Entertainment Fund-Raising that provides fund raising opportunities for Palm Beach County schools and other county community organizations. Channel 39 states that concurrent with the filing of the petition, WDZL commenced providing public announcements regarding the "Peacemaker Campaign" and promoting sales of coupon books distributed by organizations that support "One for the Community." Channel 39 also claims credit for local service to the Communities because WDZL has become the sole provider of WB Network programming, following discontinuance of WB programming by Station WTVX, Ft. Pierce, in August 1997. 10. Channel 39 also provided information showing that cable systems serving seven of the thirty seven Communities have carried WDZL continuously since 1991. WDZL was also carried on Adelphia's cable system serving six of the Communities during the period 1991-1993, and carried on Adelphia's cable system serving eight of the Communities during the period 1991-1995. Channel 39 contends that such carriage of WDZL provides a strong indication of interest in WDZL's signal and WDZL's market connection to the Communities, citing Panhandle Telecasting Co., 12 FCC Rcd 884, 888 (CSB 1997). Channel 39 notes that other Miami television stations, representing ABC, NBC, CBS, Fox, UPN and PBS, have been carried on cable systems serving all thirty seven Communities since at least 1991, and that this carriage of the Miami stations provides strong evidence of a market connection between the Communities and Miami. 11. Channel 39 presented a Custom Study from Nielsen to establish a record of viewing of WDZL in Palm Beach County and in the Communities at issue. The following table presents audience data from May 1997 extracted from that study for southern Palm Beach County: Survey Period Total Households Non-cable Households 3-5 p.m., M-F 0.2 % 1.9 % 5-7 p.m., M-F 0.3 % 0.6 % 7-8 p.m., M-F 0.4 % 1.5 % 10-10:30 p.m., M-F 0.2 % 2.8 % Channel 39 contends the lower figures for total households is reflective of the 83% cable penetration of Palm Beach County and WDZL's absence on cable systems in the county. It contends the viewing of WDZL would be enhanced if the station could establish must carry rights and become carried on systems serving the communities. The higher rating for the 10-10:30 p.m. time slot is claimed to reflect acceptance of its news programs broadcast in that time slot. Channel 39 argues further that the Commission has found the demonstrated levels of viewing to be significant and entitled to weight in other cases. 12. Finally, Channel 39 points out that the Commission recently modified the market of Miami station WBFS-TV to include seven of the Communities involved in the current request. Channel 39 notes specifically that the Commission found the communities "to be part of the Miami, Florida ADI with respect to WBFS-TV." Channel 39 argues that those findings support grant of the current market modification request, because a more compelling case to include these communities in WDZL's market is presented in this record. 13. The cable operators and television stations oppose the petition by arguing with varying emphasis that the statutory factors considered in connection with television station market modification requests have not been satisfied with respect to the Communities at issue. WDZL's Grade A and Grade B coverage of the Communities at issue is contested with respect to the station's recently upgraded facilities as well as previously licensed facilities. Additionally, it is claimed that WDZL provides little or no programming directed to the Communities at issue, has no history of carriage on cable in many of the Communities, and has no appreciable audience in Palm Beach County and the particular Communities at issue. The opponents contend in this connection that other local stations with more substantial audiences in the Communities provide extensive coverage of issues of local concern to viewers in the Communities. It is also argued that WDZL is entitled to no enhancement credit for carrying WB Network programming, on the grounds that all or large segments of WB Network programming is presented on other local stations as well as by WGN which duplicates the WB Network programming of WDZL. The opponents contend further that including in WDZL's market such communities as West Palm Beach, Palm Beach, Royal Palm Beach and neighboring communities that form the core of the West Palm Beach-Ft. Pierce-Vero Beach ADI would impermissibly alter the basic structure of this ADI market. In this connection, Channel 39's opponents note that the Commission in Channel 33, Inc. declined to allow Miami station WBFS-TV to extend its market to include West Palm Beach and other nearby communities that constitute the core of the West Palm Beach-Ft. Pierce-Vero Beach ADI. Finally, Comcast opposes the market inclusion request on the grounds that WDZL's Miami market is economically and demographically distinct from the West Palm Beach-Ft. Pierce-Vero Beach market in which its cable systems provide service. DISCUSSION AND ANALYSIS 14. As noted earlier, Station WDZL is located in the Miami-Ft. Lauderdale ADI. Channel 39, licensee of WDZL, seeks to include the Communities, located within the West Palm Beach-Ft. Pierce- Vero Beach ADI, in WDZL's market. Adelphia and Comcast, who operate cable systems within those communities, and C-34, Malrite, and Freedom, who operate television stations carried on those cable systems, oppose this proposed market modification request. We resolve this matter by considering the information of record under the four statutory factors set out in Section 614(h)(1)(C)(ii). 15. WDZL has been carried on Adelphia's cable systems serving Boca Raton, Boca Teeca, Delray Beach, Rainbow Lakes, and the Village of Golf; on Southeast Florida Cable Inc.'s system serving Highland Beach; on Comcast's cable system serving Boca Raton; and on MediaOne's cable system serving Kings Point, all since 1991 to the present. Carriage of WDZL on Adelphia's system serving Boca Del Mar, Boca Pointe, Boca West, Hamptons at Boca Raton, Mission Bay and Sandalfoot during 1991 - 1993 and Boynton Beach, Briney Breezes, Delray Beach, Gulf Stream, Highpoint, Lake Worth, Ocean Ridge, and Villages of Oriole during 1991 -1995 is shown in the record. The record shows no history of carriage of WDZL in Aberdeen, Atlantis, Glen Ridge, Greenacres City, Lake Clarke Shores, Lantana, Manalapan, Palm Beach, Palm Springs, Rainbow Lakes, Royal Palm Beach, South Palm Beach, Sun Valley, Wellington, West Palm Beach and Whisper Walk. 16. Voluntary carriage of WDZL in Boca Raton, Boca Teeca, Delray Beach, Rainbow Lakes, the Village of Golf, Highland Beach, and Kings Point, from 1991 to the present demonstrates strong interest in WDZL's signal in these communities. Carriage of WDZL in Boca Del Mar, Boca Pointe, Boca West, Boynton Beach, Briney Breezes, Delray Beach, Gulf Stream, Hamptons at Boca Raton, Highpoint, Lake Worth, Mission Bay, Ocean Ridge, Sandalfoot, and Villages of Oriole between 1991 and 1995 is probative evidence of historical interest in WDZL in these communities for purposes of this statutory market modification factor. While discontinuance of carriage in these communities and the absence of carriage in the other listed communities at issue may be considered as indicative of lack of interest in WDZL in those communities, it may also be merely reflective of the business decisions of the respective cable operators. 17. Section 614(h) requires that we consider not only whether cable systems carry the station that is the subject of the market modification petition, but also whether "other stations located in the same area, have been historically carried on the cable system ...." The record shows that several Miami area national network and public broadcast stations are carried in various combinations on cable systems serving all of the Communities at issue. We believe such carriage of the Miami area stations is indicative of those communities' interest in programming of Miami stations. Additionally, the ability of other Miami stations to reach cable viewers in communities where WDZL is not carried impacts on the ability of WDZL to compete with those other Miami stations. 18. The Commission recognized in the Must Carry Order that "to show that the station provides coverage or other local service to the cable communities, parties may demonstrate that the station places at least a Grade B contour coverage over the cable community or is located close to the community in terms of mileage." Grade B contour coverage is an efficient tool to adjust market boundaries in situations where the other factors do not provide a clear basis for distinguishing market boundaries by not revealing whether particular communities within the larger geographic area involved are properly inside or outside of the station's market for purposes of Section 614(h). We have previously stated that Grade B coverage may be sufficient to satisfy this factor. Channel 39 also presented a study using the standard methodology described in Section 73.684. That study establishes the extent of the Grade A and Grade B coverage of the Communities at issue with respect to WDZL's upgraded facilities placed in operation on April 1, 1997. WDZL provides Grade A coverage of the following communities: all of Boca Del Mar, Boca Pointe, Boca Raton, Boca Teeca, Boca West, Delray Beach, Gulf Stream, Hamptons at Boca Raton, Highland Beach, High Point, Kings Point, Mission Bay, Sandalfoot Cove, Village of Golf, Villages of Oriole, Whisper Walk, and the southern 22% of Boynton Beach, 38.8% of Country Club Trail and 46.6% of Sun Valley. WDZL further provides Grade B coverage of the following communities: the balances of Boynton Beach, Country Club Trail and Sun Valley, all of Aberdeen, Atlantis, Briney Breezes, Greenacres City, Hypoluxo, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, Ocean Ridge, Palm Springs, Rainbow Lakes, South Palm Beach, Wellington, and 54.6% of Glen Ridge, 33% of Palm Beach, 3.1% of Royal Palm Beach, and 10.9% of West Palm Beach. 19. Channel 39's has also prepared a propagation study using the Longley-Rice propagation model. That study shows WDZL's Grade A signal covering 81.2%, and its Grade B signal covering 94.8%, of Palm Beach County, and thus providing technical coverage of all of the communities at issue here. In determining a station's technical coverage in relation to the second statutory factor in market modifications cases under Section 614(h)(1)(ii), we have typically relied on television propagation studies using the standard methodology established in 47 C.F.R.  73.684. However, we also find the Longely- Rice study to be somewhat probative of WDZL's technical coverage of the Palm Beach County communities at issue operating with recently upgraded facilities and accept the likelihood that, given the flat terrain involved, the signal of WDZL may extend farther to the north than the traditional analysis would suggest. Studies of this type have been increasingly used elsewhere in the Commission's processes to reflect signal propagation and thus warrant consideration here. 20. As noted above, Channel 39 provided information concerning viewing of WDZL in southern Palm Beach County using audience data from May 1997. The larger numbers for WDZL viewing are 0.4% of total households for the 7-8 p.m. Monday through Friday time slot and 2.8% of non-cable households for the 10-10:30 p.m. Monday through Friday time slot. In Channel 33, Inc., we found that WDZL achieves a share of 1 and a net weekly circulation of 21 in cable homes and a share of 1 and a net weekly circulation of 24 in non-cable homes in southern Palm Beach County. We further found that Miami television station WBFS-TV achieved a share of 1 and net weekly share 21 in cable homes and a share of 2 and a net weekly share of 28 in non-cable homes in that market. These findings in Channel 33, Inc. provided support for the decision to include in WBFS-TV's market certain communities located in southern Palm Beach County and within WBFS-TV's Grade B coverage. On the other hand, the findings in Channel 33, Inc. and the record here establish virtually no viewing of either WBFS-TV or of WDZL in northern Palm Beach County. While limited viewership is shown for WDZL, we accord reduced weight to viewing data garnered from May 1997, a period almost concurrent with the April 1, 1997 commencement of WDZL's operations under upgraded facilities that extended the station's signal in portions of Palm Beach County. In any event, the level of WDZL station viewing in southern Palm Beach County is measurable and comparable to that of WBFS-TV discussed in Channel 33. 21. Additionally, Channel 39 recently extended WDZL's signal farther into Palm Beach County by means of upgraded directional facilities at a new more northerly location in proximity with other Miami stations whose facilities reach well into Palm Beach County. This facility investment must be considered as a commitment toward serving the communities at issue. This commitment is made further evident by the station's recent initiation of two programs directed toward Palm Beach County. In this connection, we must give significant weight to the fact that other Miami stations are carried in various mixes on each of the cable systems providing service in the communities at issue. As indicated earlier, under Section 614(h) we must consider not only whether the cable system carries the station subject to the modification petition, but also whether "other stations located in the same area, have been historically carried on the cable system ...." The carriage of the other Miami stations adds substantial weight, along with that given other identified supporting factors, to our conclusion to include within WDZL's market those communities within the station's Grade B coverage. The cable systems' carriage of Miami stations evidences a strong market nexus between Miami and the cable communities. Such carriage of Miami stations and the exclusion of WDZL impacts heavily on the ability of WDZL to reach viewers in a portion of Palm Beach County that those other Miami stations are able to reach. Moreover, the cable system and television station opponents of Channel 39's petition have not demonstrated why WDZL should be treated differently from those other Miami stations. 22. In granting the Commission authority to modify market areas to better effectuate the purposes of the Section 614, the Congress manifested no intent for us to alter the basic structure of an ADI market by including its core within another ADI market. None-the-less, Channel 39 seeks to include within WDZL's market Palm Beach, West Palm Beach, and Royal Palm Beach, communities that form a core of the West Palm Beach-Ft. Pierce-Vero Beach ADI. The record shows that WDZL garners substantially less viewing in these communities than in communities located in southern Palm Beach County nearer to WDZL and within its Grade B contour as predicted using the 47 C.F.R. 73.684 methodology. Even if the more northern communities in question receiver somewhat better service than the 47 C.F.R. 73.684 methodology suggests, the inclusion of these communities within WDZL's market would, nevertheless, modify the basic nature and competitive relationships within the core of the West Palm Beach-Ft. Pierce-Vero Beach ADI and conflict with Congress' objective of carriage of television stations in the economic markets areas they serve. 23. Accordingly, for purposes of determining mandatory signal carriage obligations, we shall consider the Palm Beach County, Florida communities of Aberdeen, Atlantis, Boca Del Mar, Boca Pointe, Boca Raton, Boca Teeca, Boca West, Boynton Beach, Briney Breezes, Country Club Trail, Delray Beach, Glen Ridge, Greenacres City, Gulf Stream, Hamptons at Boca Raton, Highland Beach, High Point, Hypoluxo, Kings Point, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, Mission Bay, Ocean Ridge, Palm Springs, Rainbow Lakes, Sandalfoot Cave, South Palm Beach, Sun Valley, Village of Golf, Villages of Oriole, Wellington, and Whisper Walk to be part of the market of station WDZL, as well as within the West Palm Beach-Fort Pierce-Vero Beach , Florida ADI. Channel 39's request to include the communities of Palm Beach, Royal Palm Beach, and West Palm Beach within WDZL's market will be denied. ORDERING CLAUSES 24. For the foregoing reasons, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. 534(h), and Section 76.59 of the Commission's Rules, 47 C.F.R. 76.59, that the petition for special relief filed on behalf of Channel 39, Inc. in File No. CSR-5135-A IS GRANTED IN PART, and the television market of television station WDZL IS MODIFIED to include the following Palm Beach County, Florida communities: Aberdeen, Atlantis, Boca Del Mar, Boca Pointe, Boca Raton, Boca Teeca, Boca West, Boynton Beach, Briney Breezes, Country Club Trail, Delray Beach, Glen Ridge, Greenacres City, Gulf Stream, Hamptons at Boca Raton, Highland Beach, High Point, Hypoluxo, Kings Point, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, Mission Bay, Ocean Ridge, Palm Springs, Rainbow Lakes, Sandalfoot Cave, South Palm Beach, Sun Valley, Village of Golf, Villages of Oriole, Wellington, and Whisper Walk 25. IT IS FURTHER ORDERED that the petition IS DENIED IN PART and the television market of television station WDZL IS NOT MODIFIED with respect to the following Palm Beach County, Florida communities: Palm Beach, Royal Palm Beach, and West Palm Beach. 26. This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules, 47 C.F.R. 0.321. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau ATTACHMENT 'A' Palm Beach County, Florida Communities Affected by the Petition of Channel 39, Inc. Channel 39, Inc. seeks to include the following Palm Beach County, Florida communities within its local television market: Aberdeen, Atlantis, Boca Del Mar, Boca Pointe, Boca Raton, Boca Teeca, Boca West, Boynton Beach, Briney Breezes, Country Club Trail, Delray Beach, Glen Ridge, Greenacres City, Gulf Stream, Hamptons at Boca Raton, Highland Beach, High Point, Hypoluxo, Kings Point, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, Mission Bay, Ocean Ridge, Palm Beach, Palm Springs, Rainbow Lakes, Royal Palm Beach, Sandalfoot Cave, South Palm Beach, Sun Valley, Village of Golf, Villages of Oriole, Wellington, West Palm Beach, and Whisper Walk, which are referred to collectively as "Communities." Channel 39 Petition, p. 1-2. Adelphia provides cable services in the following communities: Atlantis, Boca Del Mar, Boca Pointe Boca Raton, Boca Teeca, Boca West, Boynton Beach, Briney Breezes, Greenacres City, Gulf Stream, Hamptons at Boca Raton, High Point, Kings Point, Lake Worth, Lantana, Mission Bay, Ocean Ridge, Palm Springs, Rainbow Lakes, Royal Palm Beach, Sandalfoot Cave, Sun Valley, Village of Golf, Villages of Oriole, Wellington, and West Palm Beach. Not all of these communities are affected by the petition. Channel Petition, Exhibit 1. Comcast Cablevision of West Palm Beach, Inc. provides cable service in Aberdeen, Boynton Beach, Cloud Lake, Country Club Trail, Glen Ridge, Golfview, Haverhill, High Point, Hypoluxo, Jupiter, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, Mangonia Park, Palm Beach, Palm Springs, Rainbow Lakes, Riviera Beach, South Palm Beach, and West Palm Beach. Comcast Cablevision of Boca Raton, Inc. provides cable service to Boca Raton. Comcast Opposition, p. 2, n. 2. South Florida Cable, Inc. of Highland Beach (formerly known as Adelphia Communications) provides cable service in Highland Beach. Tele-media Co. of Southwest Florida of Palm Beach County provides cable service in Boynton Beach and Whisper Walk. Channel 39 Petition, Exhibit 1.