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

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


                    ORDER ON RECONSIDERATION

     Adopted:  July 23, 1999                    Released:  July 26, 1999  

By the Deputy Chief, Cable Services Bureau:

                           INTRODUCTION

     1.   Community Cablevision of Puerto Rico ("Community"), operator of a cable television system
serving Levittown, Catano, Toa Alta, and Toa Baja, Puerto Rico, filed a Petition for Partial Reconsideration
requesting that the order for carriage of television broadcast station WZDE issued in  R y F Broadcasting, Inc.
v. Community Cablevision of Puerto Rico ("Bureau Order") be modified and made conditional upon station
WZDE providing a good quality signal to the principal headend of its cable system.  R y F Broadcasting, Inc.
("R y F"), licensee of station WZDE, Carolina, Puerto Rico, filed an opposition to the petition.

                            BACKGROUND

     2.   Pursuant to Section 614 of the Communications Act of 1934, as amended by the Television
Consumer Protection and Competition Act of 1992 ("1992 Cable 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 the station's market. 
Station markets in Puerto Rico are defined using the 1991-1992 DMA Market and Demographic Rank Report,
as are all areas outside the contiguous 48 states.  Therefore, for the purpose of this proceeding, stations'
markets are defined by a "Designated Market Area," (DMA), as defined by the Nielsen audience research
organization.

     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.  Community asserts that the
Bureau Order erred because its order was not conditioned upon WZDE delivering a good quality signal to the
Levittown headend.  It maintains that it is in the public interest to require WZDE to provide such a signal.  The
Bureau Order found that WZDE was entitled to must carry status.  The Station  established that it is located
in Carolina, Puerto Rico and in the San Juan DMA, and that the cable system operated by Cablevision serving
Levittown, Catano, Toa Alta, and Toa Baja is also located in the San Juan DMA.  Community offered neither
evidence to the contrary, nor did it show that WZDE did not provide a good quality signal to the Levittown
headend.  In fact, Community did not respond within 30 days to R y F's letter requesting carriage of WZDE
as required by the Commission's rules or file an opposition to WZDE's must carry complaint.  As discussed
in the Bureau Order, 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 signal, which would otherwise be entitled to carriage, does not provide
a good quality signal to a cable system's principal headend.  In the earlier proceeding, Community failed to
meet this burden.  As result, the Bureau Order placed no conditions on the carriage of WZDE.  Likewise,
Community failed to introduce evidence in this proceeding which substantiates its allegations that WZDE does
not deliver a good quality signal to the Levittown headend.  Therefore, we find no grounds to overrule our
earlier decision.  Moreover, the fact that the Bureau Order did not include language conditioning the carriage
of WZDE, does not exempt the Station from its obligation to either deliver an over-the-air signal or acquire
and install, at the Station's expense, any and all improvements and equipment that might be necessary to
provide Community's Levittown headend with a good quality signal.  Accordingly, we deny Community's
Petition for Partial Reconsideration and affirm the Bureau Order.

                         ORDERING CLAUSES

     4.   Accordingly, IT IS ORDERED, that the Petition for Partial Reconsideration filed by
Community Cablevision of Puerto Rico IS DENIED.

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


                         FEDERAL COMMUNICATIONS COMMISSION



                         William H. Johnson
                         Deputy Chief, Cable Services Bureau