Port Angeles Telecable, Inc. v. Federal Communications Commission and United States of America

This is a petition to review an order of the Federal Communications Commission denying Port Angeles Telecable, Inc.’s petition for waiver of the Commission’s nonduplication rule. 47 C.F.R. § 74.1103 (f). We affirm.

With one exception, petitioner’s arguments either were not presented to the Commission, or have been rejected in United States v. Southwestern Cable Co., 392 U.S. 157 , 88 S.Ct. 1994 , 20 L.Ed.2d 1001 (1968); Total Telecable, Inc. v. FCC, 411 F.2d 639 (9th Cir. 1969); or Great Falls Community TV Cable Co., Inc. v. FCC, 416 F.2d 238 (9th Cir. 1969).

The sole unresolved issue properly before us is whether the petition stated grounds for waiver of the non-duplication rule.

Petitioner’s cable television system carries the signals of eight television stations to approximately three thousand subscribers in Port Angeles, Washington. The signals are those of four Seattle stations, including KIRO-TV, a CBS affiliate; KVOS-TV, a CBS affiliate in Bellingham, Washington; and three Canadian stations.

Port Angeles lies within the predicted Grade A contour of KVOS-TV, the Bellingham CBS affiliate. KVOSTV requested full protection against same-day duplication of its programming on…