TCI SAYS KACT DOESN'T MEET `MUST-CARY' REQUIREMENTS

In January 1992, about 100 people packed City Hall, many to implore TCI Cablevision of Missouri to add KACT, channel 45, to its programming lineup.

The local, low-power television station broadcasts Christian programming, and in 1991 about 3,000 people signed a petition asking TCI to carry the channel.

Roger Harms, manager of TCI's Cape Girardeau and Jackson offices, has said there isn't an available channel allotment for adding the station and has questioned whether sufficient viewers would support dropping existing programming for channel 45.

But last year many thought a new federal law imposing some regulation on the cable industry might force the cable company through a provision that requires cable companies to carry all local broadcast stations to add KACT.

But Harms said Thursday the low-power station doesn't meet the law's "must-carry" requirements.

"Low power TV is different than broadcast stations," Harms said. "They have certain requirements they have to meet in order to qualify for the must-carry provisions in the cable act.

"Channel 45 doesn't qualify, and at this time I have no plans to put them on."

Again, Harms said the cable system's channel capacity now is filled, which means existing programming would have to be dropped to add KACT.

He said he didn't think the majority of viewers would support such a move.

"We do surveys throughout the year on what people would like and what people would not like to see on cable," Harms said. "It's like any business: you make a business decision based on what customers would enjoy.

"Right now we do have the Vision channel, which is non-denominational religious programming. That meets the need of that segment of the viewing audience."

But Dan Niswonger, general manager of KACT, said Vision a TCI-owned cable station doesn't provide the variety of programming available on channel 45.

"We have family oriented programming," Niswonger said. "There's not very much programming on cable like that now.

"I think there's a need for more programming that families can sit down together and watch good entertainment," he said. "We have programs for older people, a lot of youth-oriented programming, and children's programs."

Harms said TCI must offer programming to suit a large and diverse population. He also said he has little control locally over what is offered by TCI, a national cable company.

"I'm not here to give up my channel space to whoever wants it," Harms said. "It's valuable to me and it's valuable to our customers. If channel 45 is granted must-carry status, then we'll carry them."

New cable regulations say that "in rare instances" qualified low-power stations enjoy must-carry rights, but only if there aren't sufficient full-power local stations to fill the cable system's channel quota.

To qualify, a low-power station must, among other things, seek carriage only on a system situated in a county to which no full-power station is licensed. There are two such full-power stations in Cape Girardeau County.

Niswonger said he realizes the only likely way for channel 45 to be added to TCI's programming is through public demand.

"We would like to be on," he said. "I don't know what avenues to take other than the public just expressing an interest for us to be on.

"I get calls every day from people wanting to know when we're going to be on cable."

Niswonger said there's no real advantage to the station if it's picked up by cable, but he believes KACT's programming would meet a need in the community.

"It's not especially frustrating for us," he said. "We don't sell advertising or have telethons. It's not that we're losing money by not being on cable. But we feel we can provide a valuable service to the community if we were on cable. And there are a lot of people who would like to see it."

Ironically, while KACT supporters lobby TCI to carry the station, the cable company continues to try to negotiate with must-carry broadcast stations.

The must-carry provisions allow broadcast stations to negotiate to sell their signal to TCI. If the stations charge to carry the signal, TCI can refuse to broadcast it, but the cable company must carry free broadcast signals.

TCI already has negotiated an agreement with KBSI, the local Fox affiliate, and Harms said the company is close to "signing the dotted line" with KFVS, the CBS affiliate, and WSIL, the ABC affiliate.

But, he added, negotiations aren't going as well with WPSD, the NBC affiliate.

"Why do I have to negotiate with some broadcasters to pay to carry their signal and others want me to carry their's for free?" Harms said. "It seems a little strange to me.

"I understand Channel 45 wanting to be on the cable system, but I don't understand why NBC doesn't want to."