********************************************************    
                                       NOTICE
  ********************************************************
                              
              This document was converted from
         WordPerfect or Word 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:

Complaint of The Board of Education of the City
Of New York against Comcast Cable
Communications, Inc. and Affiliates/Subsidiaries:
Comcast CBV of Ocean County
Service Electric Cable TV of New Jersey, Inc.
Cable TV of Tri-States, Inc.
MediaOne, Inc.
MediaOne of Greater New York, Inc.
MediaOne of Massachusetts, Inc.

Request for Carriage
)
)
)
)
)
)
)
)
)



CSR-5439-M



                  MEMORANDUM OPINION AND ORDER

   Adopted:  January 28, 2000           Released: February 1, 2000

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

1.   The Board of Education of the City of New York ("Board"), licensee of noncommercial
educational television station WNYE-TV (Ch. 25), New York, New York, has filed a petition with the
Commission pursuant to Section 76.61(b) and 76.7 of the Commission's rules requesting carriage of
WNYE-TV on Comcast Cable Communications, Inc. and its affiliates and subsidiaries, Comcast CBV of
Ocean City, Service Electric Cable TV of New Jersey, Inc., Cable TV of Tri-States, Inc., MediaOne, Inc.,
MediaOne of Massachusetts, Inc., and MediaOne of Greater New York, Inc. (collectively the "Cable/OVS
Operators").

2.        In its petition, the Board suggests that its complaint can be modified in order to file distinct
petitions against the individual cable systems at issue.  We find that, because of the number of cable
systems (seven) and communities involved (over 120) and the differing issues which must be addressed
with respect to each cable system, the Board's suggestion has merit and would be beneficial in the
disposition of its request for mandatory carriage.  Accordingly, we will dismiss the instant complaint and
permit the Board to file modified complaints on a system-wide basis.
3.        The Board alleges that WNYE-TV is a qualified local noncommercial educational
television station and that it is entitled to mandatory carriage in each of the communities served by the
subject cable systems.  Pursuant to Section 76.55(b), a qualified local noncommercial educational station
is defined as one whose reference point is within 50 miles, or whose Grade B contour encompasses, a cable
system's principal headend.  The Board maintains that the location of a cable system's principal headend
is not a matter of public record.  We note that contrary to petitioner's claim, cable systems' principal
headend locations are publicly available pursuant to Section 76.302(b) of the Commission's rules.  This
rule provides that a cable operator is required to maintain information with regard to location of its principal
headend in its public inspection file.  Therefore, in order to compile a more complete and accurate record,
WNYE-TV can obtain this information from the relevant systems' public inspection files.  Furthermore, in
instances where some of a cable system's community units allegedly extend past the WNYE-TV's Grade
B contour, maps showing the station's Grade B contour and the subject communities would aid in our
decision-making process.
4.        Accordingly, IT IS ORDERED that the petition filed by the Board of Education of the City
of New York for mandatory carriage of WNYE-TV on Comcast Cable Communications, Inc. and its
affiliates and subsidiaries, Comcast CBV of Ocean City, Service Electric Cable TV of New Jersey, Inc.,
Cable TV of Tri-States, Inc., MediaOne, Inc., MediaOne of Massachusetts, Inc., and MediaOne of Greater
New York, Inc. IS DISMISSED.
     5.   This action is taken by the Chief, Consumer Protection and Competition Division, Cable
Services Bureau, pursuant to authority delegated by Section 0.321 of the Commission's rules. 


                              FEDERAL COMMUNICATIONS COMMISSION



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