~ ............. ------------------~ 11 FCC Red No. 6 Federal Communications Commission Record DA 96-286 Before the Federal Communications Commission Washington , D.C. 20554 In the Matter of Petition for Relief of KARL SCHROLL, Petitioner, vs. CO MCAST CABLE COMMUNICATIONS OF PHILADELPHIA, INC. Respondent, For Leased Access Channels CSR 4372-L MEMORANDUM OPINION AND ORDER Adopted: March 4, 1996; Released: March 12, 1996 By the Chief, Cable Services Bureau: I. Introduction 1. On August 22, 1994, Mr. Karl Schro ll filed a petition for re lief under 47 C.F.R. § 76.975 alleging that Comcast Cab le Communications of Philadelphia. Inc. has violated 47 C.F.R. § 76.970 by failing to provide a schedule of rates for co mmercial leased access service on its cable system in Philadelphia, Pennsylvania.• On March I. 1995, the Com­ mission received a letter from the Deputy General Counsel for Comcast Corporation, (herein "Comcast") dated Feb­ r uary 23, 1995, in response to the petition. stating that commercial leased access rate information was provided to Mr. Schroll on October 24, 1994. A certificate of service provided with the respo nse indicates that a copy of that response was sent to Mr. Schroll. 2. The informatio n provided by Comcast's respo nse in­ dicates that Mr. Schroll's petition for relief has been satis­ fied and that no further action by the Co mmission is required. By letter dated November 13. 1995, the Co mmis­ sion's staff requested Mr. Schroll to provide. within thirty (30) days from the date of its letter. or by December 13. 1995, a statement indicating whether further prosecution of the petition is required. Mr. Schroll was further informed that if a response were not thus filed, a decision will be made on the existing record. No respo nse has been re­ ceived from Mr . Schroll. 3. The record in this matter shows that Co mcast pro ­ vided Mr. Schro ll with the requested commercial leased access rate infor mation on October 24. 1994 and thus satisfied Mr. Schroll 's petition for relief. The record further 1 For a general background discussion of the statu tory and regulatory provisions relating to commercial leased access. see Advaruage Video & Marketing, Inc. vs Comcast of Lower Merion. Inc., 10 FCC Red 7681-7682 (Cable Ser. Bur. 1995). 3007 shows that Mr. Schroll has provided nothing which in ­ dicates that any furt her prosecution of his petition for relief is required. 4. Accordingly, IT IS ORDERED that the petition for relief of Mr. Karl Schroll in File No. CSR 4372-L IS DISMISSED without prejudice pursuant to au thor ity dele­ gated by Section 0.321 of the Commission 's r u les, 47 C.F.R. § 0.321. FEDERAL COMMUNICATIONS COMMISSION Meredith J . Jones Chief, Cable Services Bureau