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 Federal  Communications  Commission  DA  01-  1964 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 Kenney  Broadcasting  Corporation 
 v. 
 Time  Warner  Communications 
 Petition  for  Leased  Access 


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 CSR  5494-  L 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  August  16,  2001  Released:  August  20,  2001 
 By  the  Deputy  Chief,  Cable  Services  Bureau: 
 1.  Kenney  Broadcasting  Corporation  (“  Kenney”)  filed  a  request  for  relief  pursuant  to  Section 
 76.975  of  the  Commission’s  rules  1  alleging  that  Time  Warner  Communications  (“  Time  Warner”)  failed  to 
 respond  to  a  written  request  submitted  on  October  4,  1999  for  carriage  of  proposed  commercial  leased 
 access  programming  on  Time  Warner’s  Orlando,  Florida  cable  system  in  violation  of  the  Commission’s 
 commercial  leased  access  regulations.  Time  Warner  filed  a  response  to  the  petition  which  states  that  a 
 packet  containing  a  leased  access  application  and  information  concerning  its  leased  access  policies, 
 procedures,  and  rates  was  sent  to  Kenney  on  January  12,  2000. 


 2.  The  Cable  Communications  Policy  Act  of  1984  imposed  on  cable  operators  a  commercial 
 leased  access  requirement  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.  2  Channel  set-  aside 
 requirements  were  established  proportionate  to  a  system's  total  activated  channel  capacity.  The  Cable 
 Television  Consumer  Protection  and  Competition  Act  of  1992  3  revised  the  leased  access  requirements  and 
 directed  the  Commission  to  implement  rules  to  govern  this  system  of  channel  leasing.  In  Implementation  of 
 the  Cable  Television  Consumer  Protection  and  Competition  Act  of  1992,  Report  and  Order  and  Further 
 Notice  of  Proposed  Rule  Making  ("  Rate  Order"),  4  the  Commission  initially  adopted  rules  for  leased  access 


 1  47  C.  F.  R.  §  76.975. 
 2  Pub.  L.  No.  98-  549,  98  Stat.  2779  (1984). 
 3  Pub.  L.  No.  102-  385,  106  Stat.  1460  (1992).  See  Section  612(  b)  of  the  Communications  Act  of  1934,  as  amended, 
 47  U.  S.  C.  §532(  b). 


 4  8  FCC  Rcd  5631  (1993). 
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 Federal  Communications  Commission  DA  01-  1964 
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 addressing  maximum  reasonable  rates,  reasonable  terms  and  conditions  of  use,  minority  and  educational 
 programming,  and  procedures  for  resolution  of  disputes.  5  The  Commission  modified  some  of  its  leased 
 access  rules  in  Implementation  of  the  Cable  Television  Consumer  Protection  and  Competition  Act  of 
 1992,  Second  Report  and  Order  and  Second  Order  on  Reconsideration  of  the  First  Report  and  Order 
 ("  Second  Order"). 


 3.  The  record  shows  that  Time  Warner  has  satisfied  Kenney’s  complaint  by  providing  a 
 leased  access  application  and  information  concerning  its  leased  access  policies,  procedures,  and  rates. 
 Accordingly,  Kenney’s  petition  will  be  dismissed.  However,  Time  Warner  failed  to  send  the  leased  access 
 information  within  fifteen  calendar  days  of  the  request  as  required  by  Section  76.970(  h)  of  the 
 Commission’s  rules.  6  In  view  of  this  failure  to  comply  with  the  Commission’s  commercial  leased  access 
 regulations,  we  caution  Time  Warner  that  further  failure  to  provide  commercial  leased  access  information 
 on  a  timely  basis  may  result  in  a  notice  of  apparent  liability  for  forfeiture  pursuant  to  Section  503(  b)  of  the 
 Communications  Act  of  1934,  as  amended,  and  Sections  1.80  and  76.975(  f)  of  the  Commission’s  rules.  7 


 4.  In  view  of  the  above,  IT  IS  HEREBY  ORDERED  that  the  petition  for  relief  filed  in  the 
 captioned  proceeding  by  Kenney  Broadcasting  Corporation  IS  DISMISSED. 


 5.  This  action  is  taken  under  delegated  authority  pursuant  to  the  provisions  of  Section  0.  321 
 of  the  Commission’s  rules.  8 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 William  H.  Johnson,  Deputy  Chief 
 Cable  Services  Bureau 


 5  See  47  C.  F.  R.  §76.970,  76.971,  76.975  and  76.977  (1995). 
 6  47  C.  F.  R.  §  76.970(  h). 
 7  47  U.  S.  C  §  503(  b);  47  C.  F.  R  §§  1.80  &  76.975(  f). 
 8  47  C.  F.  R  §  0.321. 
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