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K %"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNM\\>>>\}0>03\\\\\\\\\\>>}}}\rryrr>Qygyrr\grrggF3FM\>\\Q\Q3\\33Q3\\\\FF3\QyQQFI3Ic>0cM>>>0>>>>>>\>\3r\r\r\r\r\yyQrQrQrQrQ>3>3>3>3y\\\\\\\\\gQr\\\\gQ\r\r\r\r\yQyQycyQnrQrQrQrQ\\\c\c\>3>\>>>\\ccyQg3gBg>g;g3y\jy\y\\\yrFrFrF\F\F\FccgBg3gM\\\\\\ygcgFgFgF\g>y\\Fg>g\n0\\=(=WddddddddddddddddddddddddddddddddddddddddNBnnB_\F\\\\\\3;\7;\7>>gg\??n\\pBnnBb\\>g\7"yyyy\njc\}nn\2^'#+ Ky.X80,QwX\  P6G;P  Ly.\80,G\4  pG; N7jC:,Xj\  P6G;XP M7nC:,4Xn4  pG;X O2a=5,r&a\  P6G;&P  P2e=5,d[&e4  pG;& QW!@(#,h@\  P6G;hP RH5!,x,5\  P6G;,P S5hC:,%Xh*f9 xr G;XX UP:% ,J:\  P6G;JP V0_=5,%]&_*f9 xr G;&X {,W80,%~UW*f9 xr G;X07n&&Bn77lCTn(nBB(A\\>>n%07 yO( X   Pf S( Y #Xj\  P6G;XP##&a\  P6G;r&P#Federal Communications Commission`}(#DA 991149 ă  yxdddy P#X\  P6G;QwP#v Before the _Federal Communications Commission  yO(}Washington, D.C. 20554 ă  S (#&a\  P6G;r&P#In the Matter of:) ) Complaint of R y F Broadcasting, Inc. ) )  S(v.)CSR 5298M ) TCI Cablevision of Puerto Rico, Inc.) ) For Carriage of Television Station) WZDE, Carolina, Puerto Rico)   S@ (G  MEMORANDUM OPINION AND ORDER x  S(X` hp x (#%'0*,.8135@8:X+A yO(ԍFormerly Buena Vision.> serving Humacao, Las Piedras and Yabucoa, Puerto Rico. TCIP filed an  xOpposition, to which R y F replied. Between November 10, 1998 and March 26, 1999, R y F filed several motions for extension of time in which to respond to TCIP's Opposition.  S(M BACKGROUND ă  S( ` 2.` ` Pursuant to Section 614 of the Communications Act of 1934, as amended by the  Sp( xTelevision Consumer Protection and Competition Act of 1992 ("1992 Cable Act"),Sp+A yO!(ԍPub. L. No. 102385, 106 Stat. 1460 (1992).S and implementing  SH( xrules adopted by the Commission in Implementation of the Cable Television Consumer Protection and  S"( x.Competition Act of 1992, Broadcast Signal Carriage Issues Report and Order ("Must Carry Order"),I"x+A yO:%(ԍ8 FCC Rcd 2965, 29762977 (1993).I  xVcommercial television broadcast stations are entitled to assert mandatory carriage rights on cable systems  xlocated within the station's market. In areas outside the contiguous 48 states, such as Puerto Rico, station  S ( xmarkets are defined using Nielsen's 19911992 DMA Market and Demographic Rank Report, and Puerto" ,**88"  S( x Rico is considered a single market.Jt {Oh(ԍSee 47 C.F.R.  76.55(e).J Therefore, for the purposes of this proceeding, the Puerto Rico communities served by TCIP are considered to be in WZDE's market.  S( ` 3.` ` Under the Commission's must carry rules, cable operators have the burden of showing that  S`( xa commercial station that is located in the same television market is not entitled to carriage.V`Zt {OZ(ԍSee Must Carry Order, 8 FCC Rcd at 2990.V One method  xof doing so is for a cable operator to establish that a subject television station's signal, which would  xotherwise be entitled to carriage, does not provide a good quality signal to a cable system's principal  S( xfheadend.Ct yOt (ԍ47 C.F.R.  76.55(c)(3).C Should a station fail to provide the requisite overtheair signal quality to a cable systems's  xprincipal headend, it still may obtain carriage rights because under the Commission's rules, a television  xLstation may provide a cable operator with specialized equipment, at the station's expense, to improve the  Sp(station's signal to an acceptable quality at a cable system's principal headend.Rp|t {O(ԍMust Carry Order, 8 FCC Rcd at 2991.R  S (Yj ALLEGATION OF THE PARTIES ă  S ( ` V4.` ` R y F is currently operating WZDE under program test authority pending issuance of a  xlicense. According to R y F, by letter dated June 3, 1998, it requested carriage of WZDE on the TCIP  S ( xcable system at issue.7 t yO.(ԍComplaint at 2.7 R y F asserts that since no response to that request from the cable operator was  xreceived, the instant complaint was timely filed pursuant to Section 76.7(c)(4)(iii) of the Commission's  S0( xrules.G 0t yOn(ԍ47 C.F.R.  76.7(c)(4)(iii).G R y F further asserts that WZDE and the communities served by the cable system are both located  xwithin the San Juan, Puerto Rico DMA and that WZDE, is a "local" station under Section 76.55(e) of the rules. Accordingly, R y F requests that the Commission issue an order requiring TCIP to carry WZDE.  S( ` 5.` ` TCIP opposes the instant complaint, asserting that WZDE does not provide a good quality  xsignal to the Humacao headend. In support, TCIP provided the results of five readings of a signal  S@( xstrength study conducted between 5:00 p.m. and 7:00 p.m. on September 9, 1998.> @. t yO (ԍOpposition, Exhibit 1.> TCIP contends that  x.the study shows that WZDE is not entitled to carriage because of its failure to deliver an adequate signal to the Humacao cable system headend, and requests dismissal of WZDE's complaint.  S( ` 6.` ` R y F Broadcasting asserts in reply that the study TCIP submitted was conducted while  xWZDE was off of the air and, therefore, does not provide any basis for denial of station carriage. R y  xF points out that WZDE operated only between 1:00 p.m. and 5:00 p.m. daily when TCIP conducted the  xstudy on September 9, 1998. R y F further states that, although TCIP has not met its burden to show  xthat WZDE fails to provide an adequate signal to the cable system in question, it will provide special  S( xequipment for delivery of a good quality signal to the cable systems should that prove to be necessary. " ,p(p(88"  x$R y F requests that an order requiring TCIP to cooperate with it in establishing WZDE's signal strength  S(at the Humacao cable system headend and mandating carriage of WZDE consistent with precedent. t {O@( x@ԍCiting SAH Acquisition Corporation II, 13 FCC Rcd 16334 (CSB 1998), and Channel 44 of Tulsa, Inc., 13 FCC Rcd 7136 (CSB 1998).  S( DISCUSSION ă  S8( ` t7.` ` We grant R y F's Complaint. We find that representations made by R y F demonstrate  xthat WZDE is a local full power commercial station qualified for carriage on TCIP's system serving  xHumacao, Las Piedras and Yabucoa, Puerto Rico. Both WZDE and TCIP are located in the Puerto Rico  xBtelevision market. Moreover, as noted above, under the Commission's must carry rules, cable operators  x.have the burden of showing that a commercial station that is located in the same television market is not  Sp( xjentitled to carriage.R p"t {O2 (ԍMust Carry Order, 8 FCC Rcd at 2990.R One method of doing so is for a cable operator to establish that a subject television  xstation's signal, which would otherwise be entitled to carriage, does not provide a good quality signal to  S ( x8a cable system's principal headend.C t yOt(ԍ47 C.F.R.  76.55(c)(3).C However, a cable operator's burden of showing the inadequacy of  xa station's signal is not satisfied by studies conducted while a station is not broadcasting. Such studies  x do not provide information that will assist broadcasters "in determining whether they wish to pay for  xappropriate signal improvements" nor do they represent full cooperation by cable operators in supplying  x`broadcasters with relevant data, as contemplated by the Commission in connection with the resolution of  SX( xdisputes regarding the adequacy of signal levels delivered to cable system headends.RXDt {O<(ԍMust Carry Order, 8 FCC Rcd at 2991.R In the instant case,  xR y F's letter requesting mandatory carriage provided TCIP with information, including a telephone  S( x$number, that enabled the cable operator to contact the station and confirm whether the station would be  xbroadcasting at the time the study was undertaken. In  &: any event, R y F has made a commitment to  xlacquire and install any and all necessary improvements and equipment needed to provide TCIP's  S(Humacao headend with a good quality signal.3"t yO( xԍUnder the Commission's rules, a station's failure to provide the requisite overtheair signal quality to a cable  xsystem's principal headend will not foreclose its carriage if the station provides a cable operator with specialized  xequipment, at the station's expense, which will improve the station's signal to an acceptable quality at a cable  {O^(system's principal headend. Must Carry Order at 2991. See also U.S.C.  534(h)(1)(B)(iii).3 &: " ,p(p(88"  S(&: 1 ORDERING CLAUSES ă  S( ` <8.` ` Accordingly, IT IS ORDERED , pursuant to Section 614 of the Communications Act of  x1934, as amended (47 U.S.C.  534), that the complaint filed by R y F Broadcasting, Inc. in File No. CSR  S`( xn5298M IS GRANTED , and TCI Cablevision of Puerto Rico, Inc. IS ORDERED to commence carriage  xof television station WZDE within sixty (60) days after R y F Broadcasting, Inc. installs the necessary  xHequipment for WZDE to deliver a good quality signal to the principal headend serving Humacao, Las Piedras and Yabucoa, Puerto Rico.  S( ` 9.` ` IT IS FURTHER ORDERED that TCI Cablevision of Puerto Rico, Inc. shall cooperate  xwith R y F Broadcasting, Inc. in the installation of equipment and subsequent testing of WZDE's signal strength at its Humacao cable system headend.  S ( `  10.` ` This action is taken pursuant to authority delegated under Section 0.321 of the  S (Commission's rules.= t yO8(ԍ47 C.F.R.  0.321.= ` `  ,hhhFEDERAL COMMUNICATIONS COMMISSION ` `  ,hhhDeborah E. Klein, Chief ` `  ,hhhConsumer Protection and Competition Division ` `  ,hhhCable Services Bureau