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


In re Complaint of:                  )
                                     )
Tri-State Christian TV, Inc.         )           CSR-5195-M
                                     )
vs.                                  )
                                     )
Cablevision Systems Corporation      )
                                     )
Request for Carriage of WNYB-TV      )


                      MEMORANDUM OPINION AND ORDER

   Adopted:  May 6, 1998                           Released:  May 11, 1998  

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


                               INTRODUCTION

1.      Tri-State Christian TV, Inc. ("Tri-State"), licensee of Television Broadcast Station WNYB-TV,
Jamestown, New York, has filed a must-carry complaint requesting that the Commission order Cablevision
Systems Corporation ("Cablevision"), operator of a cable television system serving the communities of
Amity, Andover, Belmont, Scio, Wellsville, and Willing, in Allegany County, ("the Communities") to
commence carriage of WNYB-TV.  No opposition has been filed.

                                BACKGROUND

2.      Pursuant to Section 614 of the Communications Act and implementing rules adopted by the
Commission in its Report and Order in MM Docket 92-259, commercial television broadcast stations are
entitled to assert mandatory carriage rights on cable systems located within the station's market.  A
station's market for this purpose is its "area of dominant influence," or ADI, as defined by the Arbitron
audience research organization.  An ADI is a geographic market designation that defines each television
market exclusive of others, based on measured viewing patterns. 

                          DISCUSSION AND ANALYSIS

3.In support of its request, WNYB-TV states that it requested carriage on Cablevision's system on
August 6, 1997.  WNYB-TV notes that on September 23, 1997, Cablevision informed Tri-State that the
station failed to provide a good quality signal at Cablevision's Wellsville headend.  WNYB-TV declares
that by letter dated October 14, 1997, it notified Cablevision that it was prepared to provide the necessary
equipment to provide a good quality signal to Cablevision's headend.  Tri-State points out that after
installing an antenna and pre-amp "at Cablevision's headend site," WNYB-TV provided a signal strength
of -31 dBm to the Wellsville headend.  Tri-State asserts that, even after being notified that the station was
providing the Wellsville headend with a signal well above the required strength, Cablevision, to date, has
failed to carry WNYB-TV on its cable system serving the Communities.

4.We will grant Tri-State's complaint.  We find that Tri-State's representations set forth in its
complaint, which are unopposed by Cablevision, show WNYB-TV to be a local full power commercial
television station qualified for carriage on Cablevision's system serving, Amity, Andover, Belmont, Scio,
Wellsville, and Willing, New York.  The station and the cable system are located in the Buffalo ADI. 
Therefore, WNYB-TV is a "local" commercial television station with respect to Cablevision's system,
which serves the subject communities, within the meaning of 47 U.S.C.  534(h)(1).

                             ORDERING CLAUSES

5.Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934,
as amended (47 C.F.R.  534), that the complaint filed by Tri-State Christian TV, Inc. in File No. CSR-
5195-M IS GRANTED, and Cablevision Systems Corporation IS HEREBY ORDERED to commence
carriage of television station WNYB-TV on its cable system serving Amity, Andover, Belmont, Scio,
Wellsville, and Willing, New York within sixty (60) days from the date that WNYB-TV informs
Cablevision Systems Corporation of WNYB-TV's choice of channel position.

6.IT IS FURTHER ORDERED, that WNYB-TV shall notify Cablevision in writing of its channel
position election ( 76.57) of the Commission's Rules)  within thirty (30 days) of the released date of this
Order.

7.This action is taken pursuant to authority delegated under 47 C.F.R.  0.321.

  FEDERAL COMMUNICATIONS COMMISSION



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