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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 ) Petition for Relief of ) ) ALEXANDER BRUCE KLEIN, ) Petitioner, ) ) vs. CSR-4798-L) ) SUBURBAN CABLE TV, ) Respondent ) MEMORANDUM OPINION AND ORDER Adopted: May 22, 1997 Released: May 28, 1997 By the Chief, Cable Services Bureau: INTRODUCTION 1. Mr. Alexander Bruce Klein filed a petition for relief pursuant to 76.975 of the rules of the Federal Communications Commission alleging that he has been refused leased access rates by Suburban Cable TV ("Suburban") in accordance with the Commission's rules on Suburban's Bensalem, Pennsylvania cable system. Suburban has responded. BACKGROUND 2. In 1984, Congress amended the Communications Act by adding, among other things, a commercial leased access requirement contained in 612, pursuant to which cable operators with 36 or more activated channels must set aside part of their channel capacity for use by programmers that are not affiliated with them. The Cable Television Consumer Protection and Competition Act of 1992 (the "1992 Cable Act") revisited the leased access requirement and directed the Commission to establish, among other things, rules for determining maximum reasonable rates for commercial leased access. Pursuant to that Congressional directive, the Commission established regulations, including rate regulations, applicable to leased access channels, in the Report and Order and Further Notice of Proposed Rule Making in MM Docket No. 92-266 ("Rate Order"). The Commission revisited these regulations in the Second Report and Order and Second Order on Reconsideration of the First Report and Order in CS Docket No. 96-90 ("Second Order"). 3. The leased access regulations initially required, among other things, that cable operators provide a schedule of rates "[u]pon request" to prospective leased access programmers. In the Recon. Order, the Commission set a seven business day response time from the time of a request. In the recently adopted Second Order, the Commission set a 15 calendar day response time from the date of a written request. A 30 day response time was established for systems who qualify for "small system" rate relief. Additionally, the regulations provide for the determination of maximum monthly leased access rates by means of an average implicit fee formula, which is described in the regulations. The Commission also adopted procedures for resolution of disputes, providing for the filing of a petition for relief within sixty days of an alleged violation of a leased access statutory or regulatory provision, and for the filing of a response. SUMMARY OF THE PLEADINGS 4. Mr. Klein is a local video producer in Bensalem, Pennsylvania. Mr. Klein states that Suburban has failed to respond to his repeated requests for rates for leased access. Mr. Klein acknowledges that his original request was mailed on December 6, 1995, following several telephone calls, to Oxford Valley Cable Company, which company was subsequently sold to Suburban. Mr. Klein states that subsequent letters to Suburban dated May 3, 1996 and May 21, 1996 (this latter letter sent registered mail) were also ignored. Mr. Klein filed his petition June 3, 1996, and states that Suburban is in violation of 612 of the Communications Act of 1934, as amended, and of 76.970(e) of the Commission's rules requiring cable operators to respond to requests for leased access within seven business days. In response, Suburban encloses a copy of a leased access rate card it has sent Mr. Klein in response to Mr. Klein's petition, and seeks dismissal of Mr. Klein's petition DISCUSSION 5. The principal issue raised by the petition is whether the respondent cable operator, Suburban, violated the Commission's leased access regulations because of its alleged failure to provide Mr. Klein with rates for part time leased access service. The record shows that Mr. Klein, on several occasions, expressed interest in leased access services on Suburban's cable system, and requested information on Suburban's "half hour and hourly rates, weekly, monthly, and long term rates and accessibility," as well as information on available capacity and a sample contract. Suburban provided Mr. Klein with a complete schedule of monthly full time and part time leased access rates after the petition for relief had been filed. 6. At the time Mr. Klein filed his petition, 76.970(e) required that "[u]pon request, a schedule of commercial leased access rates shall be provided to prospective leased access programmers." The Commission's rules did not specify a specific time period for providing leased access information at the time petitioner made his request to Suburban for information. Nevertheless, Suburban did not provide Mr. Klein with a complete schedule of full time and part time leased access rates until after Mr. Klein's petition was filed. Nor has Suburban denied receiving Mr. Klein's written requests. On this record, we cannot find that Suburban responded to Mr. Klein's requests for leased access rates on a timely basis. Although we see no basis to impose formal sanctions on Suburban in view of the lack of a mandated response time at the time of the actions complained of, we nevertheless caution Suburban that we expect it to adhere to the Commission's current requirements with respect to future requests for leased access rates and information. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED that the petition for relief of Alexander Bruce Klein in File Number CSR 4798-L IS DISMISSED. 8. This action is taken pursuant to authority delegated by 0.321 of the Commission's rules, 47 C.F.R. 0.321. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau