******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. 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 Petition of ) ) Frank J. Vitale, d/b/a ) FAL-COMM COMMUNICATIONS ) ) vs. ) CSR-5139-L ) MEDIAONE OF METROPOLITAN DETROIT, INC. ) ) For Leased Access Channels ) MEMORANDUM OPINION AND ORDER Adopted: February 2, 1998 Released: February 5, 1998 By the Chief, Cable Services Bureau: INTRODUCTION 1. Frank J. Vitale d/b/a Fal-Comm Communications ("Fal-Comm") filed the above-captioned petition pursuant to 47 C.F.R. 76.975 against MediaOne of Metropolitan Detroit, Inc. ("MediaOne"), operator of a cable system serving Canton, Northville, and Plymouth, Michigan. MediaOne filed a response to the petition. BACKGROUND 2. The 1984 Cable Act imposed on cable operators commercial leased access requirements designed to assure access to cable systems by unaffiliated third parties who have a desire to distribute video programming free of editorial control of cable operators. Channel set aside requirements were established proportionate to a system's total activated channel capacity. The 1992 Cable Act revised the leased access requirements and directed the Commission to implement rules to govern this system of channel leasing. In its 1993 Report and Order and Further Notice of Proposed Rule Making ("Rate Order"), the Commission adopted new rules for leased access addressing maximum reasonable rates, reasonable terms and conditions of use, minority and educational programming, and procedures for resolution of disputes. The Commission recently modified some of its leased access rules in the Second Report and Order and Second Order on Reconsideration of the First Report and Order ("Second Order"). DISCUSSION AND ANALYSIS 3. Fal-Comm, an independent producer of video programming in the Metro-Detroit area, contends that it received a rate schedule for the Canton, Northville and Plymouth, Massachusetts system three days after expiration of the fifteen day period specified in an order issued in File No. CSR 4874-L for submission of such rates schedules. Fal-Com contends further that the schedule was provided only after it made calls to MediaOne on September 9 and September 17, 1997 to remind them of the requirements of the Order. Fal-Comm contends that MediaOne, by its tardy response to the Order, continues to demonstrate a deep rooted anti-commercial leased access culture towards small independent video producers. Fal-Comm concedes that the slight delay and the resulting lack of damages is not the issue with which the Commission should be concerned. It asserts, however, that the issue is the cable operator's responsibility and obligation to abide by the Commission's orders and rules. Fal-Comm asserts that cable operators will not correct their anti-leased access culture toward small independent video producers unless the Commission imposes significant fines and penalties that will induce change in the corporate culture of cable operators. Fal-Comm contends it is time for the Commission "to fine, take administrative action, or impose penalties on cable operators who fail to comply with the Telecommunications Act, as amended or the Commission's rules." 4. MediaOne states that it mailed a rate schedule to Fal-Comm on September 15, 1997, which Fal-Comm admits receiving on September 18, 1997, only sixteen days after the Order was released on public notice on Tuesday, September 2, 1997 following the Labor Day holiday. MediaOne contends that it thus effectively complied with the Order, and that Fal-Comm conceded that no harm occurred. MediaOne requests dismissal of the petition and denial of any relief. 5. Fal-Comm's petition will be denied. Fal-Comm admits that receipt of MediaOne's rate schedule on September 18, 1997 caused no injury. We do not believe that the minimal delay in this instance warrants the imposistion of sanctions or forfeitures. ORDERING CLAUSES 6. For the foregoing reasons, the petition for relief of Fal-Comm Communications in File No. CSR 5139-L IS DENIED. 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 Meredith J. Jones Chief, Cable Services Bureau