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

In the Matter of:                  )
                                   )
Complaint of WXTV License Partnership, G.P.  )    CSR 5363-M
v. Cable TV Tri-State, Inc.                  )
                                   )
for Carriage of WXTV(TV), Paterson, New Jersey    )


                  MEMORANDUM OPINION AND ORDER

      Adopted:  May 6, 1999             Released:  May 13, 1999

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

I.   INTRODUCTION

     1.   WXTV License Partnership, G.P. ("WXTV"), licensee of WXTV(TV), Paterson, New Jersey,
filed the captioned complaint pursuant to Sections 76.7 and 76.61 of the Commission's rules for an order
requiring carriage of the signal of WXTV(TV) on the cable system of Cable TV Tri-State, Inc. ("Tri-State")
at Minisink, New York.  No opposition to the complaint was received at the Commission.

II.  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,
Report and Order ("Must Carry Order"), 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.

III. ALLEGATIONS AND DISCUSSION

     3.   In the complaint WXTV states that WXTV(TV) is licensed to Paterson, New Jersey, which
is in the New York, New York ADI, and that Minisink, served by Tri-State's cable system, is also in the New
York ADI.  WXTV states that WXTV(TV) broadcasts over-the-air on channel 41 and provides the residents
of the New York ADI with the Spanish language programming of the Univision Network, including network
news, children's programming and locally produced news and public affairs programming in the Spanish
language.  WXTV also states that Tri-State was notified of the station's election of must carry status in
September, 1996, and that when station carriage did not commence, demonstration of the station's entitlement
to carriage was undertaken by letters to Tri-State dated February 12, 1997 and February 19, 1998 requesting
permission to perform signal strength testing at the cable system headend.  Subsequently, by letter dated
October 21, 1998, WXTV gave Tri-State thirty (30) days notice to commence carriage of the station.  WXTV
further states that Tri-State neither responded to the demand for carriage nor commenced carriage of
WXTV(TV).  WXTV filed the complaint on January 19, 1999, and asserts that WXTV(TV) qualifies as a
local television station under Section 76.55(c) of the Commission's rules and therefore is entitled to carriage
on Tri-State's minisink cable system on channel 41.

     4.   Based on WXTV's unopposed representations as set forth above, we find WXTV(TV) to be
qualified as a local television station under Section 76.55(c) of the Commission's rules and thus entitled to
carriage on Tri-State's Minisink cable system on channel 41, and grant the complaint.

IV.  ORDERING CLAUSES

     5.   Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934,
as amended, 47 U.S.C.  534, that the complaint filed by WXTV License Partnership, G.P. in File No. CSR
5363-M IS GRANTED and Cable TV Tri-State, Inc. shall commence carriage of television station
WXTV(TV) on its cable systems at Minisink, New York within sixty (60) days from the release date of this
Order.

     6.   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