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 Federal  Communications  Commission  DA  04-  351 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 Jack  Still 
 v. 
 Adelphia  Cable  Communications 
 Petition  For  Commercial  Leased  Access 


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 CSR  6125-  L 


 ORDER 
 Adopted:  February  10,  2004  Released:  February  13,  2004 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 
 1.  Jack  Still  ("  Still")  filed  the  captioned  Complaint  pursuant  to  Section  76.975  of  the  Commission’s  rules,  1  alleging  that  Adelphia  Cable  Communications  (“  Adelphia”)  failed  to  respond  to  a 
 contract  for  a  leased  access  channel  on  Adelphia’s  cable  system  serving  several  communities  in  Wise  County,  Virginia,  which  he  had  signed,  notarized  and  returned  to  them.  He  further  alleges  that  Adelphia 
 has  refused  to  negotiate  with  him  in  the  matter.  Adelphia  filed  a  response  to  the  complaint  in  which  it  provided  a  copy  of  the  agreement  returned  them  by  Still.  In  this  contract  Still  had  entered,  as  the  amount 
 of  compensation  he  would  agree  to  “$  00.00  per  month.”  2  Adelphia  also  provided  a  copy  of  an  unsatisfied  judgment  of  the  U.  S.  District  Court  for  the  Western  District  of  Virginia  for  $6,000  in  favor  of 
 Adelphia,  which  represents,  according  to  Adelphia,  resolution  of  its  claim  for  payment  under  its  previous  and  recently  terminated  program  carriage  contract  with  Still.  3 


 2.  Still’s  complaint  will  be  dismissed.  A  complaint  alleging  that  a  cable  operator  refused  to  enter  into  a  contract  for  a  leased  access  channel,  in  which  the  leased  access  programmer  offered  to  pay 
 “$  00.00  per  month,”  fails  to  establish  that  the  cable  operator  has  violated  the  Commission’s  leased  access  regulations,  as  required  by  Section  76.975(  g)  of  the  Commission’s  rules.  4  We  further  note  that  Still’s 
 complaint  was  not  supported  by  relevant  documentation  or  affidavit  as  required  by  Section  76.  6(  a)(  3)  of  the  Commission’s  Rules  5 


 1  47  C.  F.  R.  §76.975. 
 2  Response,  Exhibit  F  at  4. 
 3  Adelphia  had  filed  a  counterclaim  in  a  suit  originally  filed  by  Still  in  a  Virginia  state  court  ultimately  removed  to 
 the  Federal  court.  Response  at  4  &  Exhibit  B.  4 
 See  47  C.  F.  R.  §  76.975(  g).  5 
 See  47  C.  F.  R.  §  76.6(  a)(  3). 
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 Federal  Communications  Commission  DA  04-  351 
 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  Jack  Still  in  File  No.  CSR  6125-  L  IS 
 HEREBY  DISMISED.  6 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Steven  A.  Broeckaert,  Deputy  Chief,  Policy  Division 
 Media  Bureau 


 6  47  C.  F.  R.  §  0.283. 
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