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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re: ) ) Complaint of Channel 44 of Tulsa, Inc. ) CSR-5184-M against Classic Cable ) ) Request for Carriage ) MEMORANDUM OPINION AND ORDER Adopted: April 3, 1998 Released: April 8, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1. Channel 44 of Tulsa, Inc. ("Channel 44"), licensee of television broadcast station KGLB(TV), Okmulgee, Oklahoma ("KGLB"), has filed a must-carry complaint claiming that Classic Cable has failed to commence carriage of KGLB on its system serving Tulsa, Oklahoma and the surrounding areas (the "cable communities") as required by Section 614 of the Communications Act and Section 76.56 of the Commission's rules. Channel 44 also filed a supplement to its complaint. No opposition to the complaint was 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. SUMMARY OF ARGUMENTS 3. Channel 44 asserts that KGLB is entitled to mandatory carriage on Classic Cable's Tulsa, Oklahoma system because KGLB is a qualified local commercial station as defined under the Commission's must-carry rules. Channel 44 explains that KGLB is licensed to Okmulgee, Oklahoma, which is in the Tulsa ADI. Channel 44 states that Classic Cable operates a cable system serving Tulsa and the surrounding areas, which are also within the Tulsa ADI. Channel 44 contends that because KGLB is located within the same ADI as Classic Cable, the station's signal will not cause increased copyright liability for the cable operator. Channel 44 asserts that it requested mandatory carriage of KGLB on Classic Cable by letter dated September 4, 1997. According to Channel 44, the letter also stated that engineers would be made available to work with Classic Cable to ensure that a good quality signal is delivered to Classic Cable's Eufaula headend. Channel 44 contends that the September 4, 1997 letter further included a commitment by Channel 44 to acquire and install all the necessary equipment to deliver a quality signal. Channel 44 claims that Classic Cable did not respond to the September 4, 1997 letter in violation of Section 76.61(a)(2) of the Commission's rules, which requires cable operators to respond in writing to requests for carriage within 30 days of receipt of such requests. Channel 44 requests that the Commission order Classic Cable to commence carriage of KGLB's signal on channel 44 of the cable system serving the cable communities. DISCUSSION 4. We will grant Channel 44's complaint. We find that the representations made by Channel 44 demonstrate that KGLB is a local full power commercial television station qualified for carriage on Classic Cable's system serving Tulsa, Oklahoma. KGLB and Classic Cable are located in the same ADI of Tulsa, Oklahoma. Under the Commission's must-carry rules, cable operators have the burden of showing that a commercial station that is located in the same television market as a cable operator is not entitled to carriage. Classic Cable did not file an opposition to KGLB's must-carry complaint nor did it respond within 30 days to Channel 44's letter requesting carriage of KGLB as required by the Commission's rules. Classic Cable, therefore, has not presented any evidence that KGLB is not entitled to carriage on its system. Furthermore, although the record does not show whether KGLB delivers a good quality signal to Classic Cable's Eufaula headend, Channel 44 has made a commitment to acquire and install any and all necessary improvements and equipment needed to provide Classic Cable with such a signal. We conclude, therefore, that KGLB is entitled to carriage on Classic Cable's system serving Tulsa, Oklahoma and the surrounding areas. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended (47 U.S.C. 534), that the petition filed by Channel 44 of Tulsa, Inc. ("Channel 44") IS GRANTED. Classic Cable IS ORDERED to commence carriage of television station KGLB(TV) within sixty (60) days of the release date of this Order. KGLB(TV) shall notify Classic Cable in writing of its carriage and channel position elections ( 76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this Order. 6. This action is taken pursuant to authority delegated under 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Gary M. Laden, Chief Consumer Protection and Competition Division Cable Services Bureau