FOR FCC RECORD ONLY
$// Letter, Eric Breisac, Esq., DA 95-381//$
$/ 76.933 Franchising Authority review of basic cable rates and equipment cost/$

                         February 28, 1995


                                                                  DA 95-381
                                                   Released:  March 1, 1995



Eric Breisach, Esq. 
Howard & Howard 
The Kalamazoo Building, Suite 400
107 West Michigan Avenue
Kalamazoo, MI 49007-3956

Dear Mr. Breisach

     This letter is in response to your letter of February 17, 1995 requesting a waiver of
the requirement that FCC Form 1205 be filed within 60 days after the end of the operator's
fiscal year.  You noted that several of your clients were experiencing difficulty complying
with this requirement within the prescribed time frame.  You also asserted that many
companies are unable to close their accounting records for two to three months after year-
end.  You stated that requiring an operator to file a form 1205 under such circumstances
would require the operator to rely on estimated and potentially unreliable information. 
Accordingly, you suggested that the 60-day deadline be waived and the filing period be
extended to 120 days.

     Form 1205 is required to be filed by an operator under several different
circumstances.  The instructions to the Form 1205 require the operator to file the Form to
update regulated equipment and installation charges on an annual basis.  This update process
requires the operator to file the Form 1205 with the local franchising authority (or the
Commission where it is certified to regulate basic tier service) within 60 days of the end of
the operator's fiscal year.

     Based on the assertions you have made, the Bureau approves your request for a
waiver of this requirement subject to the following conditions.  This waiver shall be for 30
days beyond the current 60 day requirement and shall be applicable to all cable operators that
are required to file the Form 1205.  The operator must notify the local franchising authority
(or the Commission where it is certified to regulate basic tier service) that it intends to avail
itself of this waiver.  This notification must be accompanied by a copy of this letter and a
written assurance that strict compliance with the 60-day requirement is not feasible.  The
written assurance may simply be in the form of a brief explanatory letter.  This waiver is 
limited to fiscal year 1995 and should not be read as a waiver of any other requirement
related to the filing of the Form 1205, of the Cable Television Competition and Consumer
Protection Act of 1992 or any of the Rules governing cable service.

                              Sincerely, 




                              Meredith J. Jones
                              Chief, Cable Services Bureau