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S2- ` x3.` ` In response, Cablevision asks the Bureau to dismiss WJUETV's complaint as latefiled,  xsince Cablevision contends that WJUETV first demanded carriage in its letter dated October 30, 1996,  xbut that it did not file its complaint until over seven months later, on June 6, 1997. Cablevision notes that  xit responded by letter dated December 18, 1996, in which it questioned whether or not WJUETV was  xcorrectly licensed for mustcarry purposes, and reserved its right to deny the station mustcarry for other  xreasons. In response, Cablevision received a letter from WJUETV, dated January 9, 1997, which  x[Cablevision states threatened a mustcarry complaint, and which also noted "[p]lease be aware that your  S- xbasis for denying carriage is flawed." @\ yO- xԍCablevision adds that Paxson Communications also sent it a letter dated November 27, 1996 concerning carriage of WJUETV and stating that "WJUETV is presently being programmed by a subsidiary owned by this company."  Cablevision responded by letter dated February 14, 1997, inquiring  xabout WJUETV's ownership, referencing a pending license transfer proceeding, and reminding WJUETV  xjthat new television stations must elect between mustcarry and retransmission consent sixty days before commencing program tests.  SR- ` x4.` ` On April 2, 1997 WJUETV sent Cablevision another carriage request, noting that  xCablevision had not added the station. Cablevision responded by letter dated April 28, 1997, stating that  xit still does not believe that WJUETV is entitled to carriage. According to Cablevision, WJUETV's first  xcarriage request was in its letter dated October 30, 1996, and not in any of its later correspondence,  S- xincluding that of April 2, 1997. Citing the Bureau's prior decision in Fant Broadcasting Company,?\ yO&-ԍ10 FCC Rcd 8340 (1995).?"( ,_(_(II"  xCablevision contends that, pursuant to  76.7(c)(4)(iii)(B) of the Rules, WJUETV should have filed its  xLcomplaint within ninety days of its initial letter of October 30, 1996, or by January 28, 1997, unless the  xstation was already being carried. Cablevision speculates that the reason WJUETV waited 222 days after  x[its initial letter to file a complaint with the Commission was that it was awaiting the outcome of pending  S`- xmustcarry litigation in the United States Supreme Court before pursuing the instant case.q`\ {O-ԍTurner Broadcasting System, Inc. v. F.C.C., 117 S. Ct. 1174 (1997).q Cablevision  xadds that its letters from December 18, 1996 through April 28, 1997, all denied WJUETV carriage.  S- xCiting the Bureau's prior decision in Johnson Broadcasting, Inc., supra, Cablevision notes that stations  xhave mustcarry rights when they commence broadcasting with program test authority. Cablevision adds  xthat no Commission rule allows commercial broadcast stations to restart their "60day complaint clock"  xto file carriage complaints following completion of the licensing process. According to Cablevision,  x!WJUETV's filing delay invalidated its carriage request, citing the Commission's prior decision in  SJ -Friendly Bible Church, Inc.dJ Z\ yOD -ԍ9 FCC Rcd 7907 (1994), rev. denied, 11 FCC Rcd 17115 (1996).d  S - ` C x5.` ` In reply, WJUETV contends that Cablevision's duplicity in stalling its carriage by  xrequesting additional information from the station and by suggesting that this might influence the system's  xmustcarry decision ought not to be rewarded by dismissing the instant case. The station adds that both  S - xCablevision's letters of December 18, 1996 and of February 14, 1997 suggested that the system would  S\- xbe willing to carry the station if the station provided the system with some additional information.w Z\\ {O- xԍAccording to WJUETV, the Bureau's prior decision in Friendly Bible Church, supra, denying the station's  x<complaint can be distinguished from the instant case, because there there was a "clear and unequivocal" denial of carriage by the cable system to the station's initial carriage request. w  xAccording to WJUETV, its complaint was timely filed within sixty days of Cablevision's formal denial  xof carriage in its letter dated April 28, 1997. The station notes that, had Cablevision flatly denied it  xkcarriage earlier, it then would have filed a complaint with the Commission earlier. Station WJUETV  xcontends that Commission rules do not require stations to file complaints while systems continue to hold  xout the prospect of voluntary carriage, and that the Commission's sixty day filing period ought not to run  xuntil the cable operator has unequivocally denied the station carriage. Station WJUETV adds that  xrequiring the filing of carriage complaints within ninety days of a station's initial carriage request wastes  xCommission resources, as well as those of the station, since it results in the filing of speculative  S-complaints. " \ {O- xԍStation WJUETV distinguishes the Bureau's prior decision in Fant Broadcasting Company, supra,, by noting  xithat the operator therein did not ever suggest that it might carry the station; it simply responded to the station's  xcarriage request with a facsimile indicating that the station did not meet the requisite quality standards for mustcarry status.  S-( DISCUSSION ă  S|- ` 3x6.` ` As the Bureau previously explained in its decision in Friendly Bible Church, Inc.,: | \ yO%-ԍ9 FCC Rcd at 7907.: the  xCommission's rules concerning its mustcarry complaint procedure are quite clear: "No mustcarry  xcomplaint filed pursuant to  76.61 will be accepted by the Commission if filed more than sixty (60) days". ,_(_(II"  S- xafter the . . . denial by a cable television system operator of a request for carriage . . . ."I \ yOh-ԍ47 C. F. R.  76.7(c)(4)(iii).I In denying an  xapplication for review of this decision, the Commission explained that adoption of a time limit both for  xmustcarry and for channel positioning complaints was appropriate, because it balanced the interests of  xybroadcast stations in asserting their carriage rights, with the interests of cable systems in having certainty  xin their channel and carriage obligations to broadcasters, together with the interests of subscribers in  x=having minimal viewing disruption and certainty of service. The Commission added that if within thirty  xdays of the cable operator's initial request for carriage or for channel position, the cable operator either  xdenied it or did not respond to it, the cable system then only had sixty days to file a complaint with the  S-Commission.< X\ yO -ԍ11 FCC Rcd at 17118.< x  Sp- ` 3x7.` ` According to 76.55(e) of the Commission's rules, the market of commercial television  xbroadcast station, such as WJUETV, is defined as its ADI. A commercial station is entitled to request  xcarriage on any cable system operating in the same ADI. 47 C.F.R.  76.55(c). Both WJUETV and  xCablevision are located in the same ADI. However, Cablevision maintains that WJUETV failed to file  xa complaint within sixty days after a demand for carriage was made by it, as required under the  S - xCommission's rules.` \ yO0-ԍSee  76.7(c)(4)(iii)(B) of the Commission's rules. ` Cablevision maintains that WJUETV demanded carriage in its October 30, 1997  xletter, in which it advised Cablevision that it was electing mustcarry status. Cablevision claims that, after  xthe specified thirty day response period, WJUETV was bound to file a complaint within sixty days with the Commission, which the station did not do.  S- ` x8.` ` We find, however, that WJUETV's letter of October 30, 1996 was not a demand for  S- xcarriage, but merely an election notification required by our rules.Wx\ yO-ԍSee  76.64(f)(4) of the Commission's rules.W However, we also find that WJUE xTV did make a demand for carriage by letter dated January 9, 1997, in which it said that Cablevision ".  x. . should currently be making plans to add WJUE to its lineup so that it can begin carrying the station  xby January 28, 1997." This, obviously, was a carriage request, whatever the import of its previous  x=correspondence with Cablevision. WJUETV maintains that Cablevision's subsequent letter of February  x[14, 1997 evidenced continuing negotiations between it and Cablevision. However, a reading of this letter  x=does not support this claim. Moreover, WJUETV did not file its complaint with the Commission until  xyJune 6, 1997, almost four months after Cablevision's letter of February 14, 1997, and almost five months  Sx- xafter WJUETV made its initial demand for carriage, on January 9, 1997.4$x\ yO !- xԍThe fact that WJUETV also sent Cablevision a letter dated April 2, 1997, which the station characterizes as  xa "formal" carriage request, does not change the fact that Cablevision's failure to respond within thirty days to  {O"- xWJUETV's letter dated January 9, 1997 should have triggered the filing of a complaint by WJUETV. See  {Oz#-Complaint of United Broadcast Group II, Inc. against Buford Television, Inc., 12 FCC Rcd 8446, 8447 (1997).4 Because WJUETV's  xcomplaint was not filed within sixty days of Cablevision's failure to respond its complaint, its petition  S(-must be dismissed, pursuant to  76.7(c)(4)(iii)(B) of the Commission's rules.( \ yO&- xԍHaving resolved the case on these grounds, it is unnecessary to reach any other issue raised by Horizon, including the status of WJUETV's license. "(L ,_(_(II"Ԍ S-ԙ1 ORDERING CLAUSES  S-  S- ` x9.` ` Accordingly, IT IS ORDERED, that the "Complaint For Carriage" (CSR5026M), filed  xJune 6, 1997, by Horizon Broadcasting, Corporation., licensee of Station WJUETV (Channel 43), Battle Creek, Michigan, IS DISMISSED as untimely filed.  S8-   S-x10.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's rules. ` hp x (#%X` hp x (#%'0*,.8135@8: