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


In re:                          )
                                )
  Complaint of Community Television,)CSR-4811-M
Inc. against Prestige Cable TV  )
                                )
Request for Carriage            )


                  MEMORANDUM OPINION AND ORDER

      Adopted:  December 17, 1996  Released:  December 20, 1996  

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

                           INTRODUCTION

      1. On August 19, 1996, Community Television, Inc., licensee of Television Broadcast
Station WATC (Channel 57), Atlanta, Georgia, filed a "Complaint" with the Commission, pursuant
to 76.61 of the Commission's Rules, claiming that, despite repeated requests, Prestige Cable TV
("Prestige"), operator of a cable system serving various communities within the Atlanta, Georgia
ADI, has refused to carry WATC, even though the station and Prestige's system are both located
in the same market.  This complaint is unopposed.

                     SUMMARY OF THE PLEADING

      2. According to WATC, it advised Prestige by letter dated May 20, 1996, that it was
electing must-carry status, rather than retransmission consent, and that it would begin operations on
April 21, 1996.  Although Prestige failed to respond in writing to this request, WATC states that it
subsequently entered into oral negotiations with Prestige in which the system offered to immediately
carry WATC's signal on an extended tier, in lieu of the on-channel carriage to which WATC was
entitled.  To date, however, WATC states that Prestige has failed to add WATC to its system.

                            DISCUSSION

      3. According to 76.55(e) of the Commission's Rules, commercial television broadcast
stations, such as WATC, are entitled to carriage on cable systems located in the same Area of
Dominant Influence (or "ADI").  WATC is located in the Atlanta, Georgia ADI, which is also where
the communities served by Prestige are located.  Prestige failed to respond to WATC's demand for
carriage within the thirty days as provided for by 76.61(a)(2) of the Commission's Rules.  WATC
made its carriage request by letter dated May 20, 1996.   Subsequently, WATC filed a complaint
within sixty days thereafter, as provided by 76.7(c)(4)(iii)(B) of the Rules.  Therefore, WATC is
entitled to carriage on Prestige's cable system.

                         ORDERING CLAUSES

      4. Accordingly, IT IS ORDERED, that the "Complaint" filed August 19, 1996, by
Community Television, Inc. IS GRANTED in accordance with 614(d)(3) of the Communications
Act of 1934, as amended (47 U.S.C. 534) and 47 C.F.R. 76.56(b).

      5. IT IS FURTHER ORDERED, that WATC shall notify the relevant cable system
in writing of its channel position election (76.57 of the Commission's Rules), within thirty (30)
days of the release date of this Order.

      6. IT IS FURTHER ORDERED, that Prestige Cable shall come into compliance with
the applicable rules within sixty (60) days of such notification.

      7. 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