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 Federal  Communications  Commission  FCC  00-  351 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Northeast  Gwinnett  Cablevision 
 Application  for  Review  Regarding 
 A  Rate  Order  of  the  City  of  Sugar  Hill,  Georgia 
 CUID  No.  GA0328 


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 CSB-  A-  0409 


 ORDER  ON  REVIEW 
 Adopted:  September  21,  2000  Released:  September  29,  2000 
 By  the  Commission: 


 I.  INTRODUCTION 
 1.  Northeast  Gwinnett  Cablevision  (“  Gwinnett”)  filed  an  Application  for  Review  pursuant  to 
 Section  1.115  of  the  Commission’s  rules  1  of  the  Memorandum  Opinion  and  Order  released  May  22,  1998 
 (“  Bureau  Order”).  2  The  Bureau  Order  denied  as  untimely  filed  Gwinnett’s  petition  for  a  declaratory  ruling 
 with  respect  to  a  local  rate  order  of  the  City  of  Sugar  Hill,  Georgia.  The  City  filed  an  opposition  to  the 
 application,  and  Gwinnett  filed  a  reply. 


 II.  DISCUSSION  AND  ANALYSIS 
 2.  The  facts,  applicable  law,  arguments  of  the  parties,  and  a  detailed  analysis  of  those  matters 
 are  set  forth  in  the  Bureau  Order  and  need  not  be  repeated  here.  The  findings  and  conclusions  of  the 
 Bureau  Order  that  Gwinnett  failed  to  file  its  rate  order  appeal  within  the  prescribed  time  and  that  an 
 alleged  insufficiency  or  brevity  of  the  local  rate  order  does  not  toll  this  deadline  for  filing  an  appeal  are 
 supported  by  substantial  evidence  of  record,  and  consistent  with  precedent  cited  therein.  3  Accordingly,  we 
 affirm  the  Bureau  Order’s  denial  of  Gwinnett’s  appeal,  which  was  styled  as  a  Petition  for  Emergency 
 Declaratory  Ruling. 


 3.  Gwinnett  raises  no  new  issues  or  facts  on  appeal  that  the  Bureau  has  not  already 


 1  47  C.  F.  R.  §  1.115. 
 2  Northeast  Gwinnett  Cablevision,  13  FCC  Rcd  10,282  (CSB  1998) 
 3  See  Implementation  of  Sections  of  the  Cable  Television  Consumer  Protection  and  Competition  Act  of  1992:  Rate 
 Regulation,  Report  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  8  FCC  Rcd  5631,  5715  (1993);  47 
 C.  F.  R.  §  76.936. 
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 Federal  Communications  Commission  FCC  00-  351 
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 considered,  other  than  to  argue  that  the  facts  of  the  case  warrant  a  waiver  of  the  thirty  day  appeal  deadline. 
 However,  in  the  Bureau  Order  the  Bureau  has  already  considered  the  facts  on  which  this  argument  is 
 rested,  namely  the  brevity  of  the  City’s  order  and  Gwinnett’s  confusion  as  to  the  legal  significance  of  the 
 City’s  action.  In  particular,  the  Bureau  Order  found  that  Gwinnett  failed  to  show  that  it  “made  a  diligent 
 effort  to  timely  file  an  appeal  or  to  ascertain  the  status  of  the  disputed  rate  order  to  protect  its  right  to 
 appeal  after  receiving  the  City  Manager’s  letter,”  4  which  informed  Gwinnett  of  the  decision.  In  this 
 connection,  the  Bureau  Order  noted  that  a  simple  phone  call  to  the  City  Manager  could  have  removed  any 
 doubts  as  to  the  status  of  the  City’s  rate  order.  5 


 III.  ORDERING  CLAUSES 
 4.  Accordingly,  IT  IS  ORDERED  that  the  Application  for  Review  filed  in  the  captioned 
 matter  by  Northeast  Gwinnett  Cablevision  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Magalie  Roman  Salas 
 Secretary 


 4  Bureau  Order,  13  FCC  Rcd  at  10283-  84. 
 5  Id.  at  n.  11. 
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