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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 the Matter of: ) ) CSR-5173-M CHANNEL 44 OF TULSA, INC. ) Against ) CABLEONE, INC. ) ) Request for Mandatory Carriage ) ) MEMORANDUM OPINION AND ORDER Adopted: April 3, 1998 Released: April 8, 1998 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: I. INTRODUCTION 1. Channel 44 of Tulsa, Inc., licensee of commercial television station KGLB-TV, Okmulgee, Oklahoma ("KGLB") has filed a request for mandatory carriage of its signal on the cable systems operated by Cableone, Inc. ("Cableone") in the communities of Vinita and Nowata, Oklahoma and the unincorporated portions of Nowata (the "Communities"). Cableone did not file a response. II. 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. III. SUMMARY OF ARGUMENTS 3. KGLB states that it is a qualified local commercial station assigned to the Tulsa, Oklahoma ADI. KGLB further states that the relevant cable communities are also located in the Tulsa ADI. KGLB asserts that on September 4, 1997 it notified Cableone of KGLB's election of must-carry status on Cableone's cable systems serving the Communities and that it would deliver a good quality signal to Cableone's Vinita and Nowata headends. KGLB asserts that Cableone failed to respond to KGLB's request for mandatory carriage within 30 days as required by Section 76.61(a)(2) of the Commission's rules, nor has it commenced carriage of KGLB. IV. DISCUSSION 4. We will grant KGLB's carriage complaint against Cableone. Section 614(a) of the Communications Act states that each cable operator shall carry the signals of local commercial television stations. A local commercial television station is defined as any full power broadcast television station that is within the same television market as the cable system. It is undisputed that KGLB and Cableone are located within the same ADI. A cable operator is required to carry the signals of a local commercial station unless that station fails to deliver a good quality signal to the cable system's principal headend; the station's signal substantially duplicates the signal of another local commercial station which is carried on the system; or the cable operator (with a system of more than 12 usable activated channels) has already allocated up to one-third of the aggregate number of its usable activated channels to other local commercial stations. The Commission's rules also require a local commercial station that believes that a cable operator has failed to meet its carriage obligations to complain in writing to the operator. The cable operator must respond in writing to the station's complaint within 30 days of receipt. The cable operator must either commence carriage of the signal or explain its reasons for failing to do so. If the Commission determines that a cable operator has failed to meet its must-carry obligations, it may order an operator to commence carriage of the station in question. In the instant case, Cableone failed to respond to KGLB's mandatory carriage request within 30 days of receipt. Accordingly, we will order Cableone to commence carriage of KGLB's signal on it's cable systems serving the Communities. V. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED that, pursuant to 614 of the Communications Act of 1934, as amended, 47 U.S.C. 534 and Section 76.61(a)(2) of the Commission's rules, 47 C.F.R. 76.61(a)(2), the Petition for Special Relief (CSR-5173-M) filed by Channel 44 of Tulsa, Inc., licensee of KGLB-TV, IS GRANTED. 6. IT IS FURTHER ORDERED that Cableone, Inc. SHALL COMMENCE CARRIAGE of the signal KGLB-TV within sixty (60) days from the release date of this Order on its cable systems serving Vinita, Nowata, and the unincorporated portions of Nowata, Oklahoma. KGLB, pursuant to Sections 76.56, 76.57, and 76.64(f) of the Commission's rules, 47 C.F.R.  76.56, 76.57, and 76.64(f), shall notify Cableone in writing of its carriage and channel position elections on Cableone's cable system serving the communities at issue within thirty (30) days of this Order. 7. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R. 0.321. FEDERAL COMMUNICATIONS COMMISSION Gary M. Laden Chief, Consumer Protection and Competition Division Cable Services Bureau