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 Federal  Communications  Commission  DA  01-  572 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 Frank  J.  Vitale,  d/  b/  a  Falcomm  Communications 
 v. 
 MediaOne  of  Metropolitan  Detroit,  Inc. 
 For  Commercial  Leased  Access 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 ) 


 CSR  5590-  L 


 ORDER 
 Adopted:  March  1,  2001  Released:  March  5,  2001 
 By  the  Chief,  Consumer  Protection  and  Competition  Division,  Cable  Services  Bureau: 
 1.  On  August  30,  2000,  Frank  J.  Vitale  d/  b/  a  Falcomm  Communications  ("  Falcomm")  filed 
 the  above-  captioned  petition  pursuant  to  Section  76.975  of  the  Commission’s  rules,  1  alleging  unlawful 
 discrimination  by  Comcast  Cable  Communications,  Inc.  (“  Comcast”)  in  the  provision  of  commercial 
 leased  access  service  in  Detroit,  Michigan.  Falcomm  alleges  that  Comcast  during  1998  and  1999 
 unlawfully  discriminated  against  Falcomm  by  requiring  maintenance  of  insurance  policies  protecting 
 Comcast  from  liabilities  arising  from  carriage  of  Falcomm’s  leased  access  programming,  while  not 
 requiring  similar  insurance  protection  from  other  leased  access  programmers.  Falcomm’s  petition  will  be 
 dismissed  as  untimely  filed  because  it  was  not  filed  within  the  sixty  day  filing  period  provided  in  Section 
 76.975(  d)  of  the  Commission’s  rules.  2 


 2.  Accordingly,  IT  IS  HEREBY  ORDERED,  pursuant  to  authority  delegated  by  Section 
 0.321  of  the  Commission's  rules  that  the  petition  for  relief  filed  by  Frank  J.  Vitale  d/  b/  a  Falcomm 
 Communications  in  File  No.  CSR  5590-  L  IS  DENIED.  3 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Deborah  Klein,  Chief 
 Consumer  Protection  and  Competition  Division 
 Cable  Services  Bureau 


 1  47  C.  F.  R.  §76.  975. 
 2  47  C.  F.  R.  §76.  975(  d)  (Petitions  not  concerning  unreasonable  leased  access  rates  must  be  filed  within  sixty  days  of 
 the  alleged  violation). 
 3  47  C.  F.  R.  §  0.321. 
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