FOR RECORD ONLY
$//MO&O on Appeal of TKR Cable, Bowling Green, KY, DA 95-340//$
$/76.944 Commission Review of Franchising Authority Decisions/$
$/0.459 Withholding Information From Public Inspection/$
$/76.938 Proprietary Information/$                                         

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

                                                                  DA 95-340

In the Matter of                        )
                                   )
TKR CABLE OF SOUTHERN KENTUCKY     )
                                   )
Appeal of Denial of Request for              )
Confidentiality of the City of               )
Bowling Green, Kentucky                 )


MEMORANDUM OPINION AND ORDER
       

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

By the Chief, Cable Services Bureau:

     1.   TKR Cable of Southern Kentucky ("TKR") has filed with the Commission an
appeal of the denial by the City of Bowling Green, Kentucky ("City"), of TKR's request to
keep confidential all of the information contained in TKR's FCC Form 393, which was
submitted to the City to justify TKR's rates for basic cable television service.  For the
reasons set forth below, we deny TKR's appeal.     2.   TKR submitted an FCC Form 393 to the City on January 4, 1994, in response
to the City's request for its schedule of rates.  At the same time, TKR requested that none of
the information contained in the rate justification be made routinely available for public
inspection.  TKR contended that the material was confidential proprietary information,
consisting of the details of its revenues, expenses (identified by category), profits and losses. 
According to TKR, the rate justification information is "substantially identical" to the type of
information afforded confidential treatment under Sections 0.457 and 0.459 of the
Commission's rules.  On January 26, 1994, the City sent a letter to TKR denying its request
to keep the entire submission confidential; instead, the City indicated only the first six pages
of the Form 393 would be made available for public inspection.  TKR requests that the
Commission review the City's denial of confidentiality and stay the City's ability to make the
information available for public inspection.  The City opposes the appeal.

     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 TKR 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 City 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 appeal of the City's
denial of confidentiality for the rate justification materials submitted by TKR Cable of
Southern Kentucky IS 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