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 Federal  Communications  Commission  DA  04-  352 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 Matthew  Tyree 
 v. 
 Comcast  Cable  Communications 
 Petition  For  Commercial  Leased  Access 


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 CSR  6236-  L 


 ORDER 
 Adopted:  February  10,  2004  Released:  February  13,  2004 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 
 1.  On  June  6,  2003,  Matthew  Tyree  ("  Tyree")  filed  the  captioned  Complaint  pursuant  to  Section  76.975  of  the  Commission’s  rules  1  alleging  that  on  February  21,  2003,  he  received  from  Comcast 
 Cable  Communications  (“  Comcast”)  a  packet  identifying  proposed  rates  for  commercial  lease  of  a  channel  on  Comcast’s  Vineland/  Pleasantville,  New  Jersey  cable  system  and  a  proposed  commercial 
 leased  channel  agreement.  Tyree  states  the  offered  contract  contains  a  clause  requiring  a  proposed  lessee  to  obtain  general  comprehensive  and  errors  and  omissions  liability  insurance.  Tyree  further  alleged  that 
 the  combined  premiums  for  the  required  insurance  were  determined  to  exceed  $5,000,  and  that  Media  Professional  Insurance  declined  to  provide  errors  and  omissions  coverage  for  the  stated  reason  that 
 “Potential  liabilities  are  greater  than  our  ability  to  generate  adequate  premium  and  deductible  levels.”  2 
 2.  Tyree  contends  that  Comcast  violated  the  Commission’s  commercial  leased  access  regulations  by  requiring  insurance  that  is  unreasonable,  costly  and  unattainable  by  individuals,  and  thus 


 prevented  individuals  from  gaining  access  to  its  cable  system. 
 3.  Tyree  admits  that  he  received  from  Comcast  the  lease  access  information  about  which  he  complains  on  February  21,  2003.  However,  he  waited  until  June  6,  2003  to  submit  his  complaint  to  the 


 Commission.  Therefore,  Tyree’s  complaint  will  be  dismissed  as  untimely  filed,  because  it  was  not  filed  within  the  sixty  days  of  the  alleged  violation  as  required  by  Section  76.975(  d)  of  the  Commission’s  rules.  3 
 We  also  note  that  the  Commission  has  previously  held  that  requiring  a  leased  access  programmer  to 


 1  47  C.  F.  R.  §76.975. 
 2  Tyree  Complaint 
 3  47  C.  F.  R.  §76.975(  d)  (Petitions  not  concerning  unreasonable  leased  access  rates  must  be  filed  within  sixty  days  of 
 the  alleged  violation). 
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 Federal  Communications  Commission  DA  04-  352 
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 obtain  reasonable  liability  insurance  coverage  does  not  constitute  a  violation  of  the  leased  assess  regulations.  4 
 4.  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  Mathew  Tyree  in  File  No.  CSR  6236-  L 
 IS  HEREBY  DISMISED.  5 
 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 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).  5 
 47  C.  F.  R.  §  0.283. 
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