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



In the Matter of:

Hector Negroni Cartagena, Licensee of 
Television Station WMEI
San Juan, Puerto Rico

v.

Cable TV of Greater San Juan, Inc. and Century
Communications

Request for Mandatory Carriage
of Television Station WMEI
San Juan, Puerto Rico


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CSR-5233-M

                    ORDER ON RECONSIDERATION

   Adopted:  March 29, 2000             Released:  March 31, 2000

By the Deputy Chief, Cable Services Bureau:

I.   INTRODUCTION

     1.  Hector Negroni Cartagena ("Negroni Cartagena" or "Petitioner"), licensee of commercial television
broadcast station WMEI, San Juan, Puerto Rico, filed a petition for reconsideration of the Bureau's
Memorandum Opinion and Order ("Bureau Order") in the above-captioned proceeding that dismissed
Petitioner's must carry complaint against Cable TV of Greater San Juan, Inc. and Century Communications
("Cable TV") as untimely filed.  Cable TV filed an opposition.  

II.  BACKGROUND

     2.  Pursuant to Section 614 of the Communications Act of 1934, as amended by the Cable 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.  WMEI's market is defined using the Nielsen's 1991-1992 DMA Market and Demographic Rank
Report, as are all stations located in areas outside the contiguous 48 states. 

     3.  The Bureau Order dismissed Petitioner's mandatory carriage complaint based on findings that
Negroni Cartagena failed to file a must carry complaint with the Commission within 60 days, as required by
Commission rules, after Cable TV either ignored or denied a valid initial must carry demand letter sent by an
agent of WMEI.  Negroni Cartagena contends that the Bureau Order was erroneous with regard to WMEI's
letter being a valid must carry demand because it was not sent by an individual acting or purporting to act in
an agency capacity to the Petitioner.  Cable TV asserts that Petitioner has not demonstrated any material error
or omission in the decision, and that basic agency law supports the Bureau Order.

III. DISCUSSION

     4.  We deny WMEI's Petition for Reconsideration.  In doing so, we note that our review of the initial
findings and conclusions in the Bureau Order did not show them to be erroneous.  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.  We find that there is substantial evidence that the individual who sent
the initial must carry request letter to Cable TV was acting as an agent for WMEI and/or its licensee, that the
letter at issue constituted a valid demand for carriage, and that WMEI failed to file a must carry complaint with
the Commission, as required by our rules, within sixty days after Cable TV either ignored or denied that initial
letter.  

5.  We further note that, pursuant to Section 76.64(f)(2), a commercial television station, such as
WMEI, is required to make an election between retransmission consent and must carry at three-year intervals. 
WMEI was required to make a new election by October 1, 1999, and such elections took effect on January 1,
2000.  Television stations that fail to make an election are deemed to have elected must carry status.  There
is no evidence in the record to indicate that WMEI made an election by October 1, 1999.  Therefore, WMEI
is deemed to be a must carry station and, if it is not being carried, can now file a new request for mandatory
carriage on Cable TV's system.

IV.  ORDERING CLAUSE

6.  Accordingly, IT IS ORDERED, that pursuant to Section 614 of the Communications Act of 1934,
as amended, 47 U.S.C.  534(d)(3), and Sections 76.7 and 76.61(a) of the Commission's rules, 47 C.F.R. 
76.7 and 76.61(a), the Petition for Reconsideration filed by Hector Negroni Cartagena against Cable TV of
Greater San Juan, Inc. and Century Communications in file CSR 5233-M IS DENIED.

7.  This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47
C.F.R.  0.321.

                              FEDERAL COMMUNICATIONS COMMISSION
                         
                         
                         
                              William H. Johnson
                              Deputy Chief, Cable Services Bureau