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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#&a\  P6G;0&P#"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\2uKI KKK*"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn72 K^P!%"i~'^5>M\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\y.X80,IX\  P6G;P 2a=5,0&a\  P6G;&P 2e=5,D&e4  pG;&7jC:,+Xj\  P6G;XP7nC:,Xn4  pG;X\5hC:,%Xh*f9 xr G;XXW!@(#,9h@\  P6G;hPH5!,,5\  P6G;,P\{,W80,%W*f9 xr G;Xy.\80, {\4  pG;\0_=5,% &_*f9 xr G;&XP:% ,1J:\  P6G;JP      S- X   S S-  Federal Communications Commission`}(#<DA 972269 ă  yxdddy vK #X\  P6G;IP#Before the Federal Communications Commission  yO}"Washington, D.C. 20554 #&a\  P6G;0&P#у  S@-#&a\  P6G;0&P#In re:j) j)  S-Complaint of Telecinco, Inc. againstj)ppCSR5013M TCI Cablevision of Puerto Ricoj) j) Request for Carriagej)  S -  MEMORANDUM OPINION AND ORDER lU  S -X` hp x (#%'0*,.8135@8:the Commission's Report and Order.>`} yO#-ԍ8 FCC Rcd 1965 (1993).> Moreover, WORATV states that TCIPR used the apparent   [consolidation of communities to the Vega Baja headend as a means not only to delay carriage of its signal   but to assert that WORATV should be denied carriage rights due to a signal deficiency at the Vega Baja  S -  location, even though it is undisputed that the station delivers an adequate signal to the Lares location " x,`(`(88t""  S-  Kthe headend location over which WORATV's protracted must carry negotiations with TCIPR took place.} yOh-  ;ԍWORATV states that a May 3, 1993 letter it received from TCIPR indicated that at that time, a headend site existed at Arecibo which served the communities of Hatillo and Camuy.   With regard to timeliness, WORATV points out that TCIPR fails to acknowledge the fact that its   /February 4, 1997 letter invited further negotiations between the parties to resolve the signal strength   .deficiencies or the subsequent series of conversations, meetings and field tests over the course of several   Lmonths. Indeed, states WORATV, those negotiations culminated in its specific proposal to TCIPR to   /deliver a good quality signal to the Vega Baja headend via facilities relatively proximate to Vega Baja;   a proposal to which TCIPR has not responded to. Finally, WORATV maintains that even assuming,  S-  arguendo, that it does substantially duplicate the programming of WLII, TCIPR's arguments in this   respect are flawed since the Lares headend (and the prior Arecibo headend) is substantially closer to   Mayaguez than Caguas and therefore would be deemed the "closest" signal. WORATV concludes that   TCIPR is not entitled to simply declare the Vega Baja location its "principal" headend, close down its   longexisting Lares headend, and thereby preclude WORATV from carriage in the instant communities.  S -@ DISCUSSION ă  S -  o7.` ` With regard to the issue of the timeliness of WORATV's complaint, we do not believe   that TCIPR's February 4, 1997 letter notifying WORATV of signal quality problems at the Vega Baja   headend was a firm denial of WORATV's must carry request. In that letter, TCIPR stated that ". . . we   find that your signal does not qualify for must carry at this time. If you disagree with our findings, we   would be happy to meet with your engineer to review the tests and the procedures used and/or conduct   the test again." In addition, it was stated "we would be happy to meet with you regarding these results   yso that we may jointly agree on what specific tests you propose in order to provide a good quality signal  S-  to our customers." Moreover, it is uncontroverted that there were subsequent negotiations regarding   \WORATV's signal quality problems extending over a period of some months. Therefore, we cannot consider WORATV's May 30, 1997 complaint as being untimely filed.  S-  8.` ` Secondly, we find no evidence to support WORATV's allegation that the reorganization   of TCIPR's system under one headend located at Vega Baja was done simply in order to avoid carriage   of WORATV's signal. Cable systems are not precluded from technically conforming their systems in   =the manner most appropriate to the needs of their subscribers. TCIPR stated in its opposition that the   yearlong consolidation of its system under one headend would enable it to provide its customers with   kenhanced picture quality, quicker service response time, offer new products and services such as high   speed data and reduce administrative costs. Moreover, apparently this consolidation project began   sometime around July 1996, well before WORATV first notified TCIPR of its must carry intentions,   Lsince the communities formerly served by the Lares headend, the last scheduled to be consolidated, were transferred to the Vega Baja headend in July 1997.  S8-  B9.` ` Third, in light of the fact that we find the consolidation of TCIPR's system under one   headend located at Vega Baja to be valid, we find that the signal strength test of WORATV's signal   performed by TCIPR at the Vega Baja headend to be relevant and, after review, concur that it indicates   that WORATV fails to meet the Commission's established signal quality criteria for a good quality signal.   However, we note WORATV's claim in its reply regarding a specific proposal to TCIPR "to deliver a   \good quality signal to the Vega Baja headend via its owned facilities at a point relatively proximate to   ?Vega Baja." Under ordinary circumstances, we would find that the offer of the use of specialized"H$ ,`(`(88%"  S-  equipment to improve a station's signal quality,Yz} {Oh-  ԍThe Commission in the Must Carry Clarification Order, 8 FCC Rcd 4142, 4143 (1993), after reemphasizing   that it was the television station's obligation to bear the costs associated with delivering a good quality signal to the system's principal headend, stated: This may include improved antennas, increased tower height, microwave relay equipment, amplification equipment and tests that may be needed to determine whether the station's signal complies with the signal strength requirements. . .Y even in the face of a poor signal quality test, to be   =sufficient to grant a station's must carry complaint. However, in the instant case, there is also the factor   of WORATV's uncontroverted duplication of WLII's programming. Therefore, we agree with TCIPR   \that its carriage of WLII, as the duplicating station closest to its principal headend, is consistent with   76.56(b)(5) of the rules, and WORATV would not be entitled to carriage under the restrictions of this section.  \#H   S- \#H 1' ORDERING CLAUSES ă  S-  o10.` ` Accordingly, in view of the foregoing, the complaint filed May 30, 1997, by Telecinco,  Sp-  Inc. IS DENIED pursuant to 614(d)(3) (47 U.S.C. 534) of the Communications Act of 1934, as amended.  S -11.` ` This action is taken pursuant to authority delegated by 0.321 of the Commission's Rules. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,Gary M. Laden ` `  hh,Chief, Consumer Protection and Competition Division ` `  hh,Cable Services Bureau  X-#Xj\  P6G;+XP#