NOTICE


*************************************************************************
             

                         NOTICE


*************************************************************************

This document was originally prepared in Word Perfect.  

If the original document contained--

                    *  Footnotes
                    *  Boldface & Italics

--this information  is missing in this version

The document format (spacing, margins, tabs, etc.) is changed too.

If you need the complete document, download the Word Perfect version.

For information about downloading documents (FTP) see file pnmc5021.

File  pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous.

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

                                     

In re:          )
     )
Complaint of University Broadcasting Company      )            CSR-4711-M
against Tahlequah Cable Television, 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, Tahlequah Cable
Television, Inc. ("Tahlequah"), operator of a cable system serving the Oklahoma community of
Tahlequah, in Cherokee County, has refused to carry KWMJ, even though both the station and
Tahlequah are 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 Tahlequah 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 Tahlequah    another
letter dated January 30, 1996, stating that it had, in fact, commenced operations on January 24,
1996 and requesting carriage by the system.  Again Tahlequah did not respond, so KWMJ sent
it a third letter dated February 9, 1996, asking that the system comply with the Commission's
mandatory carriage rules and providing names of station personnel who might assist in
evaluating KWMJ's signal.  However, Tahlequah neither responded to any of these letters, nor
added the station, so KWMJ sent a fourth letter to the cable system dated March 27, 1996, again
requesting carriage, which the system also ignored.

                                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.  Tahlequah 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 Cherokee County is located.  Therefore, KWMJ is entitled
to mandatory carriage on the cable system serving Tahlequah. 

                             ORDERING CLAUSES

      4.  Accordingly, IT IS ORDERED, that the "Complaint" (CAR-4711-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 system 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 system 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