******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) KRCA Television, Inc. (formerly Fouce ) Amusement Enterprises) ) CSR 5088-M against Media One ) ) Petition for Reconsideration ) MEMORANDUM OPINION AND ORDER Adopted: May 14, 1998 Released: May 18, 1998 By the Deputy Chief, Cable Services Bureau: 1. Media One filed a Petition for Reconsideration of the Memorandum Opinion and Order, DA 98-78, released January 16, 1998 in this proceeding ("Bureau Order"). The Bureau Order" granted a must carry complaint filed by Fouce Amusement Enterprises ("Fouce"), licensee of full power commercial television station KCRA(TV) (Channel 62), Riverside, California, filed pursuant to 47 C.F.R.  76.7 and 76.61(a) and ordered Media One to commence carriage of KCRA(TV) on Channel 62 of that portion of Media One's System serving the communities of Cypress, Downey, and La Palma, California. KRCA Television, Inc. ("Complainant") filed an opposition to the petition. No reply was filed. The petition for reconsideration will be denied. 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 ADI, as defined by the Arbitron audience research organization. An ADI is a geographic market designation that defines each television market exclusive of others, based on measured viewing. Section 614 and Commission rules adopted in the Must Carry Order require a cable system to carry a commercial television station on the cable system channel number on which the station broadcasts, or on the channel which it was carried on certain dates as specified in 47 U.S.C.  534(b)(6) and 47 C.F.R.  76.57(a). 3. The allegations previously raised by the parties and our discussion and analysis of the issues raised are fully addressed in the Bureau Order and need not be discussed here. Media One asserts first that the complaint should have been dismissed for failure to include among its attachments a letter dated June 18, 1997 allegedly sent by Media One to the Complainant as required by Section 76.7(c)(4)(ii) of our rules. The Complainant established by a verifying declaration that the letter described by Media One had not been received before the complaint was filed. Media One offered no evidence to the contrary. Section 76.7(c)(4)(i) applicable here requires that a complaint of a commercial television station be accompanied by a copy of the non-compliance notice sent to the cable operator and a copy of any response or a statement that no response was received. We find that Complainant satisfied these requirements. 4. Lastly, Media One contends the Bureau Order should not have given KCRA precedence over the City of Costa Mesa's pre-existing use of Channel 62 . We reject this contention and reaffirm our previous Order in this regard. Media One presented with the petition no factual information or other relevant matter not previously considered by us in the Bureau Order. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that the Petition for Reconsideration filed by Media One IS DENIED. 6. This action is taken pursuant to authority delegated under 47 C.F.R.  0.321. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau