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                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554
                                     
                                     
In re:          )
     )
     )
Complaint of University Broadcasting Company      )            CSR-4708-M
against Cablevision of Texas, 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, Cablevision of Texas, Inc.
("Cablevision"), operator of cable systems serving the Oklahoma communities of Braggs, in
Muskogee County, Porum Landing, in McIntosh County, and Sportsman, in Mayes County, has
refused to carry KWMJ, even though the station and each of Cablevision's systems is located
in the Tulsa, Oklahoma area of dominant influence ("ADI").  This complaint is unopposed.

                          SUMMARY OF THE PLEADING

        2.  According to KWMJ, it advised Cablevision 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 Cablevision 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 Cablevision 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 it in
evaluating KWMJ's signal.  However, Cablevision has neither responded to any of these letters,
nor added the station.

                                DISCUSSION

        3.  Section 76.55(e) of the Commission's Rules, specifies that 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.  Cablevision 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, McIntosh, and Muskogee
Counties are located.  Therefore, KWMJ is entitled to mandatory carriage on the cable systems
serving Sportsman, Porum Landing, and Braggs, since they are each located in one of these
three Counties.  

                             ORDERING CLAUSES

        4.  Accordingly, IT IS ORDERED, that the "Complaint" (CSR-4708-M), filed April 8,
1996, by University Broadcasting Company, licensee of Television Broadcast Station KWMJ
(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 Commisssion's
Rules.


   FEDERAL COMMUNICATIONS COMMISSION 
                   



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