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

                                     
In re:            )
                  )
Complaint of Horizon Broadcasting Corporation          )            CSR-5025-M
against Horizon Cable I Limited Partnership            )
                  )
In re:            )
                  )
Complaint of Horizon Broadcasting Corporation          )            CSR-5026-M
against Cablevision of Michigan, Inc.                  )
                  )
Petitions for Reconsideration )


MEMORANDUM OPINION AND ORDER

   Adopted:  May 1, 1998                                       Released:  May 5, 1998

By the Deputy Chief, Cable Services Bureau:

        1.      Horizon Broadcasting Corporation, licensee of Station WJUE-TV (Channel 43), Battle
Creek, Michigan ("WJUE-TV"), has filed separate petitions for reconsideration of the Memorandum
Opinion and Orders, DA 97-2226 and DA 97-2227, released October 21, 1997 in the captioned
proceedings.  Horizon Cable I Limited Partnership ("Horizon") and Cablevision of Michigan, Inc.
("Cablevision"), respectively, have filed oppositions to the petitions.  Because the issues raised in both
petitions are similar, we consolidate the two captioned proceedings for consideration in this order.

        2.    Our decisions in Horizon I and Horizon II denied complaints filed by WJUE-TV pursuant
to 47 C.F.R.  76.7 and 76.61 for carriage on the cable systems of Horizon and Cablevision, on the
grounds that the complaints were untimely filed under the provisions of 47 C.F.R.  76.7(c)(4)(iii)(B). 
We found in both cases that by letters dated January 9, 1997 WJUE-TV made demands for carriage on
the respective cable systems.  We also found that WJUE-TV did not file a complaint with the Commission
in either case until June 6, 1997, almost five months later.  Because WJUE-TV's complaints were not filed
within ninety days of the January 9, 1997 demand letters, the complaints were dismissed pursuant to 
76.7(c)(4)(iii)(B) of the Commission's rules.

        3.    The petitions present no new factual information or other evidentiary matter not previously
before us.  The petitions claim error in the finding that WJUE-TV's letters of January 9, 1997, constituted
requests for carriage under Section 76.61(a)(1).  It claims that those letters and other correspondence
between the parties show that, rather than demanding carriage, WJUE-TV and the cable operators were
attempting to negotiate carriage arrangements.  WJUE-TV argues that Horizon denied carriage in its
April  18, 1997 letter, that Cablevision denied carriage in its April 28, 1997 letter, and that therefore the
complaints, which were filed on June 6, 1997 were timely filed within sixty days of those denials, as
required by Section 76.7(c)(4)(iii)(B).  These arguments are not supported by new evidence which
persuades us that our underlying decisions in Horizon I and Horizon II were in error.  In those decisions
we examined the correspondence to which WJUE-TV points and found that WJUE-TV made an obvious
request for carriage in its January 9, 1997 letters.  

                             ORDERING CLAUSES

        4.    Accordingly, IT IS ORDERED that the Petitions for Reconsideration filed November 20,
1997, by Horizon Broadcasting, Corporation., licensee of Station WJUE-TV (Channel 43), Battle Creek,
Michigan, in File Nos. CSR 5025-M and 5026-M ARE DISMISSED.
                                                                                                                  
        5.     This action is taken pursuant to authority delegated pursuant to 47 C.F.R.  0.321.
  
        FEDERAL COMMUNICATIONS COMMISSION



 
        William H. Johnson
        Deputy Chief, Cable Services Bureau