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 Federal  Communications  Commission  DA  01-  2473 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 A1A  TV,  Inc 
 v. 
 TCI  TKR  of  South  Florida,  Inc. 
 For  Commercial  Leased  Access 


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 CSR  5368-  L 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  October  19,  2001  Released:  October  25,  2001 
 By  the  Deputy  Chief,  Cable  Services  Bureau: 
 I.  INTRODUCTION 
 1.  A1A  TV,  Inc.  (“  A1A”)  filed  a  petition  for  relief  pursuant  to  Section  76.975  of  the 
 Commission’s  rules  1  alleging  that  TCI  TKR  of  South  Florida,  Inc.  (“  TCI”)  has  failed  to  respond  on  a 
 timely  basis  to  a  request  for  information  concerning  commercial  leased  access  services  in  violation  of 
 Section  612  of  the  Communications  Act  of  1934,  as  amended  (“  Communications  Act”).  2  TCI  filed  a 
 response  to  the  petition. 


 II.  BACKGROUND 
 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.  3  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  revised  the  leased  access  requirements  and 
 directed  the  Commission  to  implement  rules  to  govern  this  system  of  channel  leasing.  4  In  Implementation 
 of  the  Cable  Television  Consumer  Protection  and  Competition  Act  of  1992,  Report  and  Order  and  Further 
 Notice  of  Proposed  Rulemaking  ("  Rate  Order"),  5  the  Commission  initially  adopted  rules  for  leased  access 
 addressing  maximum  reasonable  rates,  reasonable  terms  and  conditions  of  use,  minority  and  educational 


 1  47  C.  F.  R.  §  76.975. 
 2  47  U.  S.  C.  §  532. 
 3  Pub.  L.  No.  98-  549,  98  Stat.  2779  (1984). 
 4  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). 
 5  8  FCC  Rcd  5631  (1993). 
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 Federal  Communications  Commission  DA  01-  2473 
 2 
 programming,  and  procedures  for  resolution  of  disputes.  6  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").  7 


 III.  DISCUSSION  AND  ANALYSIS 
 3.  A1A  TV  alleged  that  TCI  failed  to  respond  on  a  timely  basis  to  a  request  for  information 
 concerning  commercial  leased  access  services  in  violation  of  the  Commission’s  leased  acccess  regulations. 
 TCI,  in  its  response,  stated  that  information  concerning  commercial  leased  access  services  required  by 
 Section  76.970(  h)(  1)  of  the  Commission’s  rules  was  provided  to  A1A  on  November  10,  1999.  Although 
 the  information  was  not  provided  within  the  required  15  calendar  days  of  A1A’s  written  request,  we  find 
 that  the  complaint  has  been  satisfied.  8  The  record  shows  that  the  information  was  provided  five  days  late 
 but  well  before  A1A’s  complaint  was  filed  with  the  Commission.  Taking  this  into  account,  A1A  TV’s 
 petition  will  be  dismissed. 


 IV.  ORDERING  CLAUSES 
 4.  For  the  foregoing  reasons,  IT  IS  HEREBY  ORDERED  that  the  petition  for  relief  filed 
 by  A1A  TV,  Inc.  in  the  captioned  matter  IS  HEREBY  DISMISSED. 


 5.  This  action  is  taken  pursuant  to  authority  delegated  under  Section  0.321  of  the 
 Commission  rules.  9 


 FEDERAL  COMMUNICATIONS  COMMISION 
 William  H.  Johnson,  Deputy  Chief 
 Cable  Services  Bureau 


 6  See  47  C.  F.  R.  §76.970,  76.971,  76.975  and  76.977  (1995). 
 7  12  FCC  Rcd  5267  (1997).  See  also  Implementation  of  the  Cable  Television  Consumer  Protection  and 
 Competition  Act  of  1992,  Order  on  Reconsideration  of  the  First  Report  and  Order  and  Further  Notice  of 
 Proposed  Rulemaking,  11  FCC  Rcd  16933  (1996). 
 8  Response  at  1-  2  and  Exhibit  3. 


 9  47  C.  F.  R.  §  0.321. 
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