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 Federal  Communications  Commission  Washington,  D.  C.  20554 
 DA  03-  616  MB-  ILR  03-  2 
 R  b  rt  H  J  k  Releasro:  ~ch  4,  2003  0  e  .  ac  son 
 Reed  Smith  LLP 
 1301  K  Street,  N.  W.  Suite  1100  -  East  Tower 


 Washington,  D.  C.  20005  Re:  Emergency  Petition 
 Against  Charter  Communications,  Inc.  Kearney,  Nebraska 


 Dear  Mr.  Jackson: 
 This  is  in  response  to  a  January  28,  2003,  Petition  you  filed  on  behalf  of  Great  Plains  Radiology  and  Nuclear  Medicine,  P  .C.  ("  GPR").  This  filing  is  directed  against  Charter 


 Communications,  Inc.  ("  Charter"),  a  provider  of  cable  television  and  high  speed  Internet  access  in  Kearney,  Nebraska,  and  complains  generally  that  Charter  has  failed  to  provide  adequate 
 Internet  access  connections  and  service  to  GPR. 
 You  ask  that  the  Commission  take  jurisdiction  over  this  matter  and  direct  Charter  .to 
 assign  personnel  and  resources  to  ensure  that  its  cable  Internet  access  service  operates  in  a 
 manner  satisfactory  to  GPR.  In  the  alternative,  you  urge  the  Commission  to  declare  that  the  City  of  Kearney,  Nebraska,  may  exercise  jurisdiction  over  this  service. 


 The  Commission,  in  its  Inquiry  Concerning  High-  Speed  Access  to  the  .Internet  Over 
 Cable  and  Other  Facilities,  17  FCC  Rcd  4798  (2002),  concluded  that  high  speed  Internet  access 
 over  cable  systems  is  an  interstate  information  service  under  Title  I  of  the  Communications  Act, 
 not  a  cable  service  under  Title  VI.  Contemporaneous  with  that  decision,  the  Commission  issued  a  Notice  of  Proposed  Rulemaking  seeking  comment,  inter  alia,  on  how  the  Title  I  classification 


 affected  certain  aspects  of  state  or  local  regulation  of  cable  Internet  services,  including  consumer  protection  and  customer  service  regulation.  These  and  other  regulatory  issues  related  to  cable 
 Internet  access  service  remain  pending  before  the  Commission. 
 Accordingly,  although  I  can  appreciate  the  concerns  raised  in  your  filing,  no  basis  in  the 
 rules  exists  at  this  time  to  provide  the  requested  relief.  Nor  would  it  be  possible  to  attempt  to  adjudicate  these  issues  without  prejudging  the  very  matters  under  review  in  the  pending 
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 rulemaking.  Until  such  time  as  the  Commission  takes  action  on  these  matters,  we  are  not  in  a  position  to  consider  granting  the  relief  you  seek  and  your  petition,  therefore,  is  dismissed. 
 1incerefJ 
 tJieth  erree  Chief,  MedIa  Bureau 


 cc:  Curtis  Shaw,  Charter  Communications  Hon.  Bruce  Blankenship,  Kearney,  NE 
 G.  Allen  Johnson,  Kearney,  NE 
 Steve  Davis,  Kearney,  NE 
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