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

                                     
In re:          )
     )
Complaint of University Broadcasting Company      )            CSR-4709-M
against Quality Cablevision of Oklahoma, Inc.     )
     )
Request for Carriage  )


MEMORANDUM OPINION AND ORDER


   Adopted:  July 10, 1996                    Released:  July 18, 1996

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

                               INTRODUCTION

      1.  On April 8, 1996, University Broadcasting Company, licensee of Station KWMJ
(Channel 53), Tulsa, Oklahoma, filed a "Complaint" with the Commission, pursuant to 76.61
of the Commission's Rules, claiming that, despite repeated requests, Quality Cablevision of
Oklahoma, Inc. ("Quality"), operator of cable systems serving the Oklahoma communities of
Hectorville and Preston, both in Okmulgee County, Talala, in Rogers County, Strang, in Mayes
County, and Pittsburgh, in Pittsburgh County, has refused to carry KWMJ, even though the
station and each of Quality's systems is located in the Tulsa, Oklahoma area of dominant
influence (or "ADI").  This complaint is unopposed.

                         SUMMARY OF THE PLEADING 

      2.  According to KWMJ, it advised Quality by letter dated January 10, 1996, that it was
electing must-carry status, rather than retransmission consent, and that it would begin operations
on January 24, 1996.  Since it received no response, KWMJ sent Quality another letter dated
January 30, 1996, stating that it had, in fact, commenced operations on January 24, 1996 and
requesting carriage by the systems.  Again Quality did not respond, so KWMJ sent it a third
letter dated February 9, 1996, asking that these systems comply with the Commission's
mandatory carriage rules and providing names of station personnel who might assist in
evaluating KWMJ's signal.  However, Quality has neither responded to any of these letters, nor
added the station.  When KWMJ's engineer contacted Quality on March 6, 1996, he was told
that it was evaluating KWMJ's election.

                                DISCUSSION

      3.  According to 76.55(e) of the Commission's Rules, the market of a commercial
television broadcast station, such as KWMJ, is defined as its Area of Dominant Influence (or
"ADI").  A commercial station is entitled to request carriage on any cable system operating in
that ADI.  47 C.F.R. 76.56(b).  KWMJ made its carriage request by letter dated January 30,
1996.  Quality failed to respond to KWMJ within the thirty days allowed by 76.61(a)(2) of the
Commission's Rules.  Subsequently, KWMJ filed a complaint within sixty days thereafter, as
provided by 76.7(c)(4)(iii)(B) of the Commission's Rules. KWMJ is currently in the Tulsa,
Oklahoma ADI, which is also where Mayes, Rogers, Pittsburgh, and Okmulgee Counties are
located.  Therefore, KWMJ is entitled to mandatory carriage on the cable systems serving
Strang, Talala, Pittsburgh, Preston, and Hectorville, since they are each located in one of these
four Counties. 

                             ORDERING CLAUSES

      4.  Accordingly, IT IS ORDERED, that the "Complaint" (CSR-4709-M), filed April 8,
1996, by University Broadcasting Company, licensee of Television Broadcast Station KWMJ
(Ind., Channel 53), Tulsa, Oklahoma, IS GRANTED in accordance with 614 (d)(3) of  the
Communications Act of 1934, as amended (47 U.S.C. 534) and 47 C.F.R. 76.56(b).         
                                           
      5.  IT IS FURTHER ORDERED, that KWMJ shall notify the relevant cable systems in
writing of its channel position election (76.57 of the Commission's Rules), within thirty (30)
days of the release date of this Memorandum Opinion and Order.                     

      6.  IT IS FURTHER ORDERED, that the affected cable systems shall come into
compliance with the applicable rules within sixty (60) days of such notification.                  
                                                                           
      7.  This action is taken pursuant to authority delegated by 0.321 of the Commission's
Rules.
  
      FEDERAL COMMUNICATIONS COMMISSION



  
      Gary M. Laden
      Chief, Consumer Protection and Competition Division
      Cable Services Bureau