FOR RECORD ONLY
$//MO&O on Appeal of Tele-Media Co., Botetourt, VA, DA 95-339//$
$/76.944 Commission Review of Franchising Authority Decisions/$
$/76.938 Proprietary Information/$

                               Before the
                    FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C. 20554

                                                                  DA 95-339

In the Matter of                        )
                                   )
TELE-MEDIA COMPANY OF VIRGINIA     )
                                   )
Appeals of Denials of Requests for           )
Confidentiality of the County of             )
Botetourt, Virginia                     )


MEMORANDUM OPINION AND ORDER
       

Adopted:  February 23, 1995                  Released: February 24, 1995


By the Chief, Cable Services Bureau:


     1.   On February 24, 1994, and March 22, 1994, Tele-Media Company of Virginia
("Tele-Media") filed with the Commission appeals of denials by the County of Botetourt,
Virginia ("County"), of Tele-Media's requests to keep confidential the information contained
in Tele-Media's FCC Form 393, Cost of Service Showing and supplementary rate
justification materials.  Tele-Media's submissions were filed to justify Tele-Media's rates for
basic cable television service.  For the reasons set forth below, we deny Tele-Media's
appeals.

     2.   Tele-Media submitted an FCC Form 393 and Cost of Service Showing to the
County on or about January 26, 1994, in response to the County's notification that it was
commencing basic cable rate regulation.  At the same time, Tele-Media requested that none
of the information contained in the rate justification be made routinely available for public
inspection.  Tele-Media contended that the material was confidential proprietary information,
the public release of which may cause Tele-Media substantial competitive harm.  On
February 16, 1994, the County sent a letter to Tele-Media which, among other things, denied
its request to keep the submission confidential.  On February 24, 1994, Tele-Media filed an
appeal of the County's decision with the Commission.  In response to the County's request
for further information, Tele-Media provided explanatory materials which supplemented its
earlier rate justification and requested that such information also be kept confidential.  In a
letter dated March 16, 1994, the County again denied the request.  On March 22, 1994,
Tele-Media filed an appeal of this denial of the County.  In both appeals, Tele-Media
requests that the Commission review the County's denials of confidentiality.  The County
opposes the appeals.

     3.   With respect to requests for confidentiality of rate justification materials filed
with the Commission, we have denied such requests where the cable operator has failed to
satisfy its burden of demonstrating that disclosure is likely to cause substantial harm to its
competitive position.  Likewise, in this case, it appears that Tele-Media has made no
allegations concerning the likelihood of competitive harm that would result if the materials
are made available for public inspection.

     4.   Furthermore, Section 76.938 of the Commission's rules which governs
proceedings of the type that are here involved, provides that with respect to information
justified by the franchise authority as required to make a rate determination, public access to
proprietary information shall be governed by applicable state or local law.  There is no
evidence before us that the County has not complied with such state or local laws or with the
requirements of Section 76.938.


     5.   Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), that the appeals of the
County's denial of confidentiality for the rate justification materials submitted by Tele-Media
Company of Virginia ARE DENIED.  This action is taken by the Chief, Cable Services
Bureau, pursuant to authority delegated by 0.321 of the Commission's Rules.


                         FEDERAL COMMUNICATIONS COMMISSION





                         Meredith J. Jones
                         Chief, Cable Services Bureau