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

In re:                          )
                                )
Complaint of Channel 44 of  Tulsa,  Inc.  )            CSR-5168-M
against Tahlequah Cable TV      )       
                                )
                                )
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,  Tahlequah Cable TV ("Tahlequah"), operator of a cable
system serving the community of Tahlequah, Oklahoma , which is located in Cherokee County, has refused
to carry Station KGLB-TV, even though the station and Tahlequah's system  are both located in the Tulsa,
Oklahoma area of "dominant influence" ("ADI").     This complaint is unopposed.

2.   According to Station KGLB-TV, it advised Tahlequah 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 system's
headend.  On September 9, 1997, Tahlequah received  KGLB-TV's letter.

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.  Tahlequah failed to
respond to Station KGLB-TV's request within the thirty days allowed by 76.61(a)(2) of the Commission's
Rules.  Subsequently,  Station KGLB-TV filed a complaint within sixty days thereafter, as provided by
76.7(c)(4)(iii)(B) of the Commission's Rules.  Station KGLB-TV is currently in the Tulsa, Oklahoma ADI,
which is also where the cable community of Tahlequah is located.  Therefore, Station KGLB-TV is entitled
to mandatory carriage on the cable system serving Tahlequah,  Oklahoma.

 4.  In view of Station KGLB-TV's uncontested "Complaint", we find that the station is entitled to
mandatory carriage on Tahlequah Cable TV's cable system.  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 Tahlequah Cable TV 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 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
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 & Competition Division
                                                         Cable Services Bureau