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

In re:                          )
                                )
Complaint of Channel 44 of Tulsa, Inc.)      CSR-5169-M
against Community Cablevision Company)
                                )
Request for Carriage            )


                  MEMORANDUM OPINION AND ORDER

   Adopted:  March 27, 1998             Released:  April 2, 1998  

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

1.      On November 26, 1997, Channel 44 of Tulsa, Inc. (Channel 44), licensee of  Station KGLB-TV,
Okmulgee, Oklahoma, filed a complaint with the Commission, pursuant to 76.61 of the Commission's Rules,
claiming that despite its request, Community Cablevision Company ("Community"), operator of cable systems
serving the Oklahoma communities of Skiatook, Collinsville, and Hominy, Oklahoma, which are located in
Osage,and Tulsa Counties respectively,  has refused to carry Station KGLB-TV, even though both
communities are located in the Tulsa, Oklahoma area of "dominant influence" ("ADI").  This complaint is
unopposed.

2.      According to Station KGLB-TV, it advised Community by letter dated September 4, 1997,  that it was
eligible for mandatory carriage and stating its committment to providing a good quality signal to the cable
systems.  On September 30, 1997, Community replied, stating that it was unable to agree to carry Station
KGLB-TV and that it needed more information before it could process the carriage request. 

3.     Section 76.55(e) of the Commission's Rules, specifies that the market of a commercial television broadcast
station, such as KGLB-TV, 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).  Station KGLB-
TV made its request by letter dated September 4, 1997.  Community, in its response refused carriage of Station
KGLB-TV, and failed to state its reasons for not fulfilling its obligations pursuant to  Section 614 of the
Communications Act of 1934, as amended (47 U.S.C. 534).  Subsequently, Station KGLB-TV filed a
complaint within sixty days of Community's letter denying its request for carriage.  Station KGLB-TV is
currently in the Tulsa, Oklahoma ADI, which is also where Community's systems are located.  Therefore,
Station KGLB-TV is entitled to mandatory carriage on the cable systems serving Skiatook, Collinsville, and
Hominy, Oklahoma.

4.          In view of Station KGLB-TV's "Complaint", and Community Cablevision Company's refusal to carry
Station KGLB-TV for undisclosed reasons, we find that the station is entitled to mandatory carriage on the
systems served by the cable systems.  Accordingly, IT IS ORDERED, pursuant to Section 614 of the
Communications Act of 1934, as amended  47 U.S.C. 534 and C.F.R. 76.56(b), that the "Complaint" filed
by Channel 44 of Tulsa, Inc. IS GRANTED and Community Cablevision Company IS ORDERED to
commence carriage of Station KGLB-TV within sixty (60) days of the release date of this Order.  IT IS
FURTHER ORDERED, that Station KGLB-TV 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.

5.       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