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

In the Matter of:               )
                                )
R y F Broadcasting, Inc.        )       CSR-5304-M
                                )
vs.                             )
                                )
Community Cablevision of Puerto Rico)
                                )
Request for Mandatory Carriage  )
of Television Station WZDE,     )
Carolina, Puerto Rico           )
                                )


                  MEMORANDUM OPINION AND ORDER


     Adopted:  April 21, 1999                Released:  April 27, 1999  

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

                           INTRODUCTION

     1.   R y F Broadcasting, Inc. ("R y F"), licensee of television broadcast WZDE (Channel 52),
Carolina, Puerto Rico ("WZDE" or "the Station"), has filed a must carry complaint with the Commission,
pursuant to Sections 76.7(a)(2) and 76.61(a)(3) of the Commission's rules, claiming that Community
Cablevision of Puerto Rico ("Community") has failed to commence carriage of WZDE on Community's cable
system serving Levittown, Catano, Toa Alta, and Toa Baja, Puerto Rico.  No opposition to the complaint was
filed.

                            BACKGROUND

     2.   Pursuant to Section 614 of the Communications Act and implementing rules adopted by the
Commission in Implementation of the Cable Television Consumer Protection and Competition Act of 1992,
Broadcast Signal Carriage Issues Report and Order ("Must Carry Order"), commercial television broadcast
stations are entitled to assert mandatory carriage rights on cable systems located within a 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 exclusively of others, based on measured viewing patterns.

                       SUMMARY OF ARGUMENTS

     3.   In support of its request, WZDE notes that, pending the grant of its application for license,
it is currently operating under program test authority.  WZDE argues that as a commercial television station
located in the same television market as Community, it is entitled to mandatory carriage under the
Commission's rules.   WZDE explains that by letter dated June 3, 1998, a request was made for carriage of
WZDE on Community's cable system.  WZDE claims that Community did not respond to the June 3, 1998
letter in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond
in writing to requests for carriage within 30 days of receipt of such requests.  Finally, R y F requests that the
Commission order Community to commence carriage of WZDE on the cable system in question.

                            DISCUSSION

     4.   We grant R y F's Complaint.  We find that representations made by R y F demonstrate that
WZDE is a local full power commercial station qualified for carriage on Community's system serving
Levittown, Catano, Toa Alta, and Toa Baja, Puerto Rico.  Both WZDE and Community are located in the
single Puerto Rico television market. 

     
     5.   Under the Commission's must carry rules, cable operators have the burden of showing that
a commercial station that is located in the same television market is not entitled to carriage.  One method of
doing so is for a cable operator to establish that a subject television station's signal, which would otherwise be
entitled to carriage, does not provide a good quality signal to a cable system's principal headend.  In this case,
Community did not file an opposition to WZDE's must carry complaint nor did it respond within 30 days to
R y F's letter requesting carriage of WZDE as required by the Commission's rules. 
 
                         ORDERING CLAUSES

     6.   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 R y F Broadcasting, Inc. in File No. CSR-5304-M IS
GRANTED, and that Community Television of Puerto Rico IS ORDERED to commence carriage of
television station WZDE on its cable system serving Levittown, Catano, Toa Alta, and Toa Baja, Puerto Rico
within sixty (60).

     7.   IT IS FURTHER ORDERED, that WZDE shall notify Community in writing of its carriage
and channel position elections ( 76.57 of the Commission's rules) within thirty (30) days of the release of this
Order.

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

                    FEDERAL COMMUNICATIONS COMMISSION


                    Deborah E. Klein, Chief
                    Consumer Protection and Competition Division
                    Cable Services Bureau