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 Federal  Communications  Commission  DA  04-  350 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 U.  S.  Cable  Casters 
 v. 
 Media  Com,  Fairfield,  Iowa 
 Petition  For  Commercial  Leased  Access 


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 CSR  6146-  L 


 ORDER 
 Adopted:  February  10,  2004  Released:  February  13,  2004 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 
 1.  On  February  25,  2003,  U.  S.  Cable  Casters  ("  Cable  Casters")  filed  the  captioned  Complaint  pursuant  to  Section  76.  975  of  the  Commission’s  rules,  1  alleging  that  it  had  made  arrangements, 
 including  equipment  acquisitions,  for  the  provision  of  a  commercial  leased  access  channel  on  Media  Com’s  cable  system  in  Fairfield,  Iowa,  and  that  Media  Com  subsequently  informed  Cable  Casters  that  a 
 proposed  lessee  must  obtain  errors  and  omissions  liability  insurance.  Cable  Casters  further  alleged  that  the  cost  of  the  required  insurance  was  determined  to  exceed  $3,500,  and  that  such  requirement  represents 
 a  significant  barrier  to  small  independent  program  producers  gaining  access  to  a  cable  system. 
 2.  Cable  Casters  states  that  it  has  been  trying  “to  get  on  the  air  since  late  September  2002,  but  has  not  been  able  to  do  so  because  it  “could  not  obtain  errors  and  omission  insurance.”  Cable  Casters 


 complaint  will  be  dismissed  as  untimely  filed,  because  it  was  not  filed  within  the  sixty  days  of  the  violation,  which  allegedly  occurred  before  “late  September”  2002,  as  required  by  Section  76.975(  d)  of  the 
 Commission’s  rules.  2  Cable  Casters  also  failed  to  show  that  its  complaint  was  served  on  Media  Com,  as  required  by  section  76.975(  c)  of  the  Commission’s  rules.  3  We  also  note  that  the  Commission  has 
 previously  held  that  requiring  a  leased  access  programmer  to  obtain  reasonable  liability  insurance  coverage  does  not  constitute  a  violation  of  the  leased  assess  regulations.  4 


 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.  §  76.  975(  c)  (complainant  must  certify  that  complaint  was  served  on  cable  operator).  4 
 See  Anthony  Giannotti  v.  Cablevision  Systems  Corporation,  11  FCC  Rcd  10441  (CSB  1996)  (Operator’s  right  to  require  reasonable  liability  insurance  coverage  for  leased  access  programming  confirmed);  See  also  Implementation  of 


 the  Cable  Television  Consumer  Protection  and  Competition  Act  of  1992,  12  FCC  Rcd  5267,  5324  (1997)  (Second  Report). 
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 Federal  Communications  Commission  DA  04-  350 
 2 
 3.  Accordingly,  IT  IS  HEREBY  ORDERED,  pursuant  to  authority  delegated  by  Section  0.283  of  the  Commission's  rules  that  the  petition  for  relief  filed  by  U.  S.  Cable  Casters  in  File  No.  CSR 
 6146-  L  IS  HEREBY  DISMISED.  5 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Steven  A.  Broeckaert  Deputy  Chief,  Policy  Division 
 Media  Bureau 


 5  47  C.  F.  R.  §  0.283. 
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