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                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In re:                               )
                                     )
Complaint of Telecinco, Inc. against )           CSR-5082-M
Teleponce Cable TV                   )
                                     )
Request for Carriage                 )


                      MEMORANDUM OPINION AND ORDER

   Adopted:  December 30, 1997                     Released:  January 5, 1998  

By the Chief, Consumer Protection and Competition Division, Cable Services Bureau:

                               INTRODUCTION

  1.    Telecinco, Inc., licensee of Station WORA-TV (Channel 5), Mayaguez, Puerto Rico, has
filed a must carry complaint requesting that the Commission order Teleponce Cable TV, operator of a
cable system serving Ponce, Puerto Rico, to commence carriage of WORA-TV.  Teleponce has filed an
opposition to this complaint to which WORA-TV has replied.

                                BACKGROUND

  2.    Pursuant to Section 614 of the Communications 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 AD(I, as defined by the Arbitron
audience research organization.  

                                 ARGUMENTS

  3.    In support of its request, WORA-TV states that it is entitled to carriage on Teleponce's
cable system as it is within the same ADI as the station and it provides a good quality signal to the
system's principal headend.  It states further that by letter dated September 6, 1996, it formally requested
carriage on the Teleponce cable system.   WORA-TV indicates that only after a second written request
and direct contact with Teleponce personnel was it finally advised that Teleponce would not carry its
signal.  

  4.    In its answer to the complaint, Teleponce argues that it is not obligated to carry WORA-
TV's signal because it substantially duplicates the programming of TeleOnce's Channel 9, which
broadcasts from Ponce, Puerto Rico.  It therefore requests that the instant must carry complaint be
dismissed.

  5.    In reply, WORA-TV states Teleponce's opposition is grossly deficient and fails to
substantiate the allegation of substantial duplication.  WORA-TV argues therefore that the opposition
should be ignored and its complaint should be granted.

                                DISCUSSION

  6.    We are not persuaded by the argument raised by Teleponce herein and shall grant
WORA-TV's complaint.  Teleponce has failed to provide any information in support of its allegation that
WORA-TV substantially duplicates the programming of another station which it currently carries. Section
76.56(b)(5) of the Commission's Rules provides that ". . . For the purposes of this paragraph,
substantially duplicates means that a station regularly simultaneously broadcasts the identical programming
as another station for more than 50 percent of the broadcast week.  For purposes of this definition, only
identical episodes of a television series are considered duplicative and commercial inserts are excluded
from the comparison.  When the stations being compared are licensed to communities in different time
zones, programming aired by a station within one hour of the identical program being broadcast by
another stations will be considered duplicative."  Without the submission of programming logs of both
stations, we cannot reach the determination that substantial duplication exists.

                             ORDERING CLAUSES

  7.    Accordingly,  IT IS ORDERED, pursuant to Section 614 of the Communications Act
of 1934, as amended, 47 U.S.C. 534, that the complaint of Telecinco, Inc. IS GRANTED.  Teleponce
Cable TV IS ORDERED to commence carriage of WORA-TV on its cable system serving Ponce, Puerto
Rico within sixty (60) days of the release date of this Order.  WORA-TV shall notify Teleponce Cable
in writing of its carriage and channel position elections (76.56, 76.57, and 76.64(f) of the
Commission's Rules) within thirty (30) days of this Order.

  8.    This action is taken pursuant to authority delegated under 0.321 of the Commission's
Rules.

        FEDERAL COMMUNICATIONS COMMISSION



        Gary M. Laden, Chief
        Consumer Protection and Competition Division
        Cable Services Bureau