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

In re:                               )
                                     )
Complaint of United Broadcast Group II, Inc.)    CSR-4963-M
against East Texas Cable Company     )
                                     )
Request for Carriage                 )


                      MEMORANDUM OPINION AND ORDER

        Adopted:  November 7, 1997                 Released:  November 13, 1997 

By the Deputy Chief, Cable Services Bureau:

  1.    East Texas Cable Company ("East Texas"), operator of a cable television system serving
the community of Canton, Texas, filed a petition for reconsideration of the Memorandum Opinion and
Order, DA 97-1514, released July 21, 1997 in this proceeding ("Bureau Order").  The Bureau Order
granted a must-carry complaint filed by United Broadcast Group II, Inc. ("United"), licensee of
Television Broadcast Station KINZ(TV), Arlington, Texas, and ordered East Texas to commence carriage
of KINZ(TV).  United filed an opposition to the petition for reconsideration, and East Texas filed a reply.

  2.    The Bureau Order found that signal strength studies submitted by East Texas did not
comply with Commission requirements for use of sound engineering practices and that East Texas
therefore failed to establish that United does not provide a sufficient off-air signal to East Texas' cable
system headends.  In any event, under our rules, a station may provide a cable operator with specialized
equipment, at the station's expense, which will improve the station's signal to an acceptable quality at
a cable system's principal headend.  The Bureau Order noted that United had made a commitment on
the record to deliver an adequate signal to East Texas' cable systems and to pay any associated costs, in
accordance with 614(h)(1)(B)(iii) of the Communications Act of 1934, and ordered carriage.

  3.     East Texas submitted new signal strength studies with its petition that both comply with
our requirements and show that KINZ-TV does not provide a good quality signal to East Texas' cable
systems' headends.  The measured KINZ-TV signal at East Texas cable systems' headends falls
substantially below the -45dBm statutory requirement for UHF stations.  In view of these new study
results and the fact that KINZ-TV is located approximately 70 miles from the cable systems, East Texas
request that the carriage requirement set out in the Bureau Order be conditioned upon KINZ-TV
providing a good quality signal to each cable headend.
  4.     United contends that East Texas' petition should be denied as a continuing attempt by the
cable operator to evade its must carry obligations and asserts that any uncertainty concerning whether
equipment provided by United will result in KINZ-TV providing a good quality signal to the cable
systems' headends is due only to East Texas' repeated failure to cooperate with the licensee.  East Texas
in reply expresses surprise that United bothered to oppose the petition and suggests that United apparently
now takes the position that the cable systems must carry KINZ-TV regardless of whether a good quality
signal is provided.

  5.     We believe that East Texas has shown that the Bureau Order should be modified to
include the requested condition with respect to Canton, Texas.  East Texas has shown that KINZ-TV's
signal at East Texas cable systems' headends falls substantially below the -45dBm statutory requirement
for UHF stations.  We expect East Texas to cooperate fully in making any such installations that United
may undertake at it's own expense.

                             ORDERING CLAUSES

  6.     Accordingly, IT IS ORDERED that the petition filed by East Texas Cable Company 
("East Texas") for reconsideration of the Memorandum Opinion and Order, DA 97-1514, released July
21, 1997 in this proceeding IS GRANTED, said the Memorandum Opinion and Order is hereby modified
and East Texas IS ORDERED to commence carriage of television station KINZ(TV) sixty (60) days after
United Broadcast Group II, Inc. installs the equipment necessary to provide a good quality signal to the
headends of East Texas' cable systems serving the community of Canton, Texas.

  7.     This action is taken pursuant to authority delegated under Section 0.321 of the
Commission's Rules.

  FEDERAL COMMUNICATIONS COMMISSION



  William H. Johnson
  Deputy Chief, Cable Services Bureau