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Mr. Negroni Cartagena explains that WMEI is licensed to San Juan,  xMPuerto Rico, and states that WMEI and Cable TV are both located within the Puerto Rico ADI. Mr.  S2- xNegroni Cartagena asserts that WMEI first requested mandatory carriage on Cable TV's system in a  S - x.December 22, 1997 letter.R >D3 {O"-ԍComplaint at 1. See Attachment A. R Along with this letter, Mr. Negroni Cartagena's attorney submits the results  S- xof a mustcarry signal test conducted on September 1, 1997.BD3 yOR%-ԍComplaint, Attachment 1. B Mr. Negroni Cartagena claims that Cable  xTV did not respond to WMEI's mustcarry demand letter in violation of Section 76.61(a)(2) of the  xCommission's rules, which requires cable operators to respond in writing to requests for carriage within"`,`(`(88"  S- x30 days of receipt of such requests.C D3 yOh-ԍ47 C.F.R.  76.61(a)(2).C Mr. Negroni Cartagena maintains that WMEI's mustcarry complaint  xLwas filed with the Commission in a timely fashion, and requests that the Commission order Cable TV to commence carriage of the WMEI signal on the cable system serving San Juan, Puerto Rico.  S`-  ?6.xIn opposition, Cable TV asserts that the purported mustcarry request dated December 22, 1997  x=is not WMEI's initial request for mandatory carriage. Rather, Cable TV maintains, WMEI first invoked  xkits mustcarry rights in an August 27, 1997 letter to Mr. Francisco Toste, Vice President and General  S- xManager of Cable TV, signed by Mr. Gaston Rosenstrauch, who identified himself as WMEI's President.^ BXD3 yO -ԍOpposition, Exhibit 1. The letter, on WMEI Canal 60's letterhead, reads in part:  XxWMEI Channel 60, a local commercial television station licensed and operating 24 hours in Puerto  {O8 - Rico, hereby respectfully request pursuant to FCC 76.56 of the mustcarry, to be included in the basic line up of your cable system.   xCarbon copies of the letter were sent to Dan Alpert, Esq., Arturo Hernandez, Legal Counsel, and the FCC Station file, via facsimile and certified U.S. mail. ^  xCable TV points out that WMEI submitted two additional followup mustcarry requests one on  S- xNovember 10, 1997 and the other on November 12, 1997.9 b D3 yO-ԍExhibits 2 and 3.9 Cable TV notes that it did not respond to  xWMEI's initial carriage request within the established thirtyday period, and asserts that its lack of  xresponse to WMEI's August 27, 1997 initial request constituted an effective denial for carriage and started  xthe sixtyday period for the Station to file a timely complaint with the Commission. Therefore, Cable TV  xLargues, the WMEI "Complaint" was not timely filed and must be dismissed, pursuant to  76.7(c)(4)(iii)  S - xof the Commission's rules. $ D3 {Ob- xhԍCable TV cites Horizon Broadcasting Corp., DA 972226 and DA 972227 (Oct. 21, 1997); and Friendly Bible  {O,- xJChurch, Inc. v. Viacom Cable, 9 FCC Rcd 7909 (1994), in support of its argument. In those cases, the Commission  xdismissed the mustcarry complaints as untimely because they were not filed within sixty days after the operators either denied or failed to respond to the broadcaster's original carriage request. Cable TV maintains that the December 22, 1997 request should not give  xWMEI a second bite at the apple and start anew the established sixtyday time limit in which to file a mustcarry complaint.  S0-  ^7.xMr. Negroni Cartagena contends, in reply, that the August 27, 1997, November 10, 1997, and  S- xNovember 12, 1997 carriage requests "were not sent by the station, i.e. the owner of Channel 60," Hector  xLNegroni Cartagena and are, therefore, invalid. Mr. Negroni Cartagena claims that the three requests were  S- xmade by someone who had not been authorized to seek mandatory carriage "on behalf of the station  S- x=(and/or behalf of the permittee of the station)."3 D3 yO#-ԍReply at 1.3 Mr. Negroni Cartagena asserts that the earlier requests "were apparently sent by a party that brokers time on Channel 60," and sent "without Negroni's "jn ,`(`(88"  S- x.knowledge, and without his authority."?D3 yOh-ԍReply at 2, footnote 2.? Thus, Mr. Negroni Cartagena maintains, the three letters from  S- xMr. Gaston Rosenstrauch, who claimed to be WMEI's President, cannot support Cable TV's claim that WMEI exercised its mustcarry rights prior to December 22, 1997.  S`-  l8.x In its supplementary comments, Cable TV disagrees with Mr. Negroni Cartagena's argument that  xthe three preDecember 22, 1997 requests are invalid because Mr. Rosenstrauch lacked authority to act  xon behalf of the Station and/or in behalf of the owner of the Station. Cable TV argues that under basic  xagency law, Mr. Rosenstrauch was acting as the agent for the Station and/or the licensee, Mr. Negroni  xCartagena, when he signed the August 27, 1997 mustcarry request. Cable TV points out that Mr. Negroni  xCartagena's attorney, Mr. Dan J. Alpert, was put on notice about Mr. Rosenstrauch's mustcarry request  x-on behalf of WMEI when the Station sent Mr. Alpert carbon copies of the August 27,1997 request. Under  xthe circumstances, Cable TV asserts, Mr. Negroni Cartagena cannot disavow responsibility for the acts  xof his agent, Mr. Rosenstrauch. Cable TV states that "Mr. Rosenstrauch continues to act on behalf of  S - xWMEITV in its contacts with Cable TV regarding the mustcarry issue,"L XD3 yO-ԍCable TV Supplemental Comments at 2.L and Cable TV reiterates its argument that WMEI's complaint is untimely and must be denied.  S - DISCUSSION AND ANALYSIS ă  S0-  9.xWe will dismiss Mr. Negroni Cartagena's complaint. As the Bureau previously explained in its  S- x decision in Friendly Bible Church, Inc.,:D3 yO-ԍ9 FCC Rcd at 7907.: and in two recent Memorandum Opinion and Orders,?\xD3 {O - xԍComplaint of Astroline Communications L.P. vs. Century Cable Management Corporation, DA 980142  {O- x(February 4, 1998) and Complaint of Astroline Communications L.P. vs. TeleCommunications, Inc., DA 980143 (February 4, 1998).? the  xCommission's rules concerning its mustcarry complaint procedures are quite clear: "No mustcarry  xcomplaint filed pursuant to  76.61 will be accepted by the Commission if filed more than sixty (60) days  S- xafter the ... denial by a cable television system operator of a request for carriage ..."GD3 yO-ԍ47 C.F.R.  76.7(c)(4)(iii).G The Commission  xexplained that adoption of a time limit both for mustcarry and channel positioning complaints was  xyappropriate, because it balanced the interests of broadcasts stations in asserting their carriage rights, with  xythe interests of cable systems in having certainty in their channel and carriage obligations to broadcasters,  xtogether with the interests of subscribers in having minimal viewing disruption and certainty of service.  xyThe Commission added that if within thirty days of the station's initial request for carriage or for channel  xposition, the cable operator either denied the request or did not respond to it, the broadcast station then only had sixty days to file a complaint with the Commission.  S*-   10.xAs noted by Cable TV, WMEI failed to file a mustcarry complaint, as required by Commission  S- xmrules, within sixty days after Cable TV either ignored or denied the Station's initial letter dated", ,`(`(88\"  S- xAugust27,1997, as required under the Commission's rules.DD3 yOh-ԍSee  76.7(c)(4)(iii)(B).D Although Cable TV did not add the signal  xand did not respond to the August 27, 1997 letter, WMEI did not file its complaint with the Commission until March 30, 1998, more than six months later.  S`-   11.xWe find that contrary to Mr. Negroni Cartagena's characterization, the August 27, 1997 letter was  xa valid demand for carriage. We agree with Cable TV's conclusion that under basic principles of agency  xlaw, Mr. Rosenstrauch was acting as an agent for WMEI and/or its licensee, when he signed the August27, 1997 letter requesting mustcarry status on Cable TV's San Juan, Puerto Rico's system.  S-   12.xAttachment 1 submitted in support of WMEI's December 22, 1997 carriage demand by Mr.  xAlpert, who is Mr. Negroni Cartagena's attorney, shows that the signal test was conducted in the presence  xof, among others, Gaston Rosenstrauch, who is identified on the test report as "President WMEIChannel  xz60." The veracity of the information on this attachment was verified by Mr. Alpert, on page 5 of the  xLComplaint in which he states: "[t]he undersigned, hereby verifies that he prepared the attached exhibits,  xand they are true and correct copies of the documents that they represent." Moreover, the record is devoid  xof any information indicating that Mr. Negroni Cartagena took any sanctions against Mr. Rosenstrauch  x for his alleged misconduct. Furthermore, we note that an Application for Consent to Assignment of  xNBroadcast Station Construction Permit or License for the transfer of WMEI is pending before the  xCommission. Mr. Gaston Rosenstrauch is listed as one of the assignees and President and Director of the purchasing entity, which is consistent with his apparent authority.  S-1 ORDERING CLAUSES ă  Sh-   13.xAccordingly, IT IS ORDERED , that the complaint for carriage (CSR5233M), filed March 30,  S@- x1998, by Hector Negroni Cartagena, Licensee of Station WMEI in San Juan, Puerto Rico, IS DISMISSED as untimely filed.  S- 14.xThis action is taken pursuant to authority delegated by  0.321 of the Commission's rules. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhGary M. Laden x` `  hhChief, Consumer Protection and Competition Division x` `  hhCable Services Bureau