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 Federal  Communications  Commission  DA  04-  394 
 Before  the  Federal  Communications  Commission 


 Washington,  D.  C.  20554 


 In  the  Matter  of  )  )  CUID  No.  NY0661  (Town  of  Henrietta) 
 Town  of  Henrietta  )  ) 
 Petition  for  Special  Relief  )  CSR  No.  5163-  R  ) 


 ORDER 
 Adopted:  February  13,  2004  Released:  February  18,  2004 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 
 1.  On  July  1,  1997,  the  Town  of  Henrietta  filed  a  complaint  with  the  Commission  against  the  January  1,  1997  cable  programming  services  tier  ("  CPST")  rate  increase  charged  by  Time  Warner 
 Communications.  The  Commission  returned  the  complaint  because  it  was  untimely  filed.  1  The  Town  filed  a  petition  for  special  relief,  2  asking  that  the  filing  deadline  be  waived.  Time  Warner  Communications 
 opposed  the  petition.  In  this  Order,  we  deny  the  petition  for  special  relief. 
 2.  In  accordance  with  the  Commission’s  rules  in  effect  at  that  time,  a  local  franchising  authority  was  required  to  file  a  CPST  rate  complaint  within  180  days  of  the  date  the  rate  increase  took 
 effect.  3  Documents  are  considered  filed  with  the  Commission  upon  receipt  at  the  location  designated  by  the  Commission.  4  The  Town  of  Henrietta  argues  that  it  misunderstood  the  requirement,  and  that  application  of 
 the  deadline  is  technical  and  unfair  because  the  Town  filed  close  to  the  proper  filing  date.  However,  the  Town  does  not  proffer  any  good  cause  to  support  its  failure  to  file  the  complaint  on  time,  when  it  had  180 
 days  to  do  so.  Therefore,  we  deny  the  petition  for  special  relief. 
 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Sections  0.283  and  76.7  of  the  Commission's  rules,  47  C.  F.  R.  §  0.283  and  §  76.7,  that  the  referenced  petition  for  special  relief  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  B.  Norton,  Deputy  Chief  Policy  Division 
 1  See  letter,  dated  July  8,  1997,  to  Ms.  Carol  Pennington,  Town  Clerk,  Town  of  Henrietta,  from  Gary  Remondino, 
 Cable  Services  Bureau.  2 
 See  47  C.  F.  R.  §  76.7.  3 
 See  47  C.  F.  R.  §  1.1402.  4 
 See  47  C.  F.  R.  §  1.7. 
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 Media  Bureau 
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