FOR RECORD ONLY $//ORDER Granting Extension in Los Angeles, DA 95-695//$ $/76.7 Petition for Special Relief/$ $/1.46(a) Extensions of Time/$ $/1.3 Waiver of Rules/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 95-695 In the Matter of: ) ) AMERICAN CABLE SYSTEMS OF ) CALIFORNIA, INC. D/B/A ) CONTINENTAL CABLEVISION ) CSR-4482-R ) Petition for Special Relief ) ) Motion of DIRECTV, Inc. for ) Extension of Time to File Response ) ORDER Adopted: March 31, 1995 Released: March 31, 1995 By the Chief, Cable Services Bureau: I. Introduction 1. On March 23, 1995, DIRECTV, Inc. ("DIRECTV") timely filed a Motion for Extension of Time to File Response to a Petition for Special Relief ("Petition") previously submitted by American Cable Systems of California, Inc. d/b/a Continental Cablevision ("Continental"). In the Petition, Continental has requested that the Commission exempt from regulation the rates Continental charges for cable programming services provided to subscribers in Franchise Area I of the City of Los Angeles. Pursuant to our March 14 Public Notice in this matter, responses to the Petition currently are due April 3, 1995. DIRECTV requests a 20-day extension in which to file its response. 2. In requesting the extension, DIRECTV points to the novel issues raised in the Petition. Continental bases its Petition in large part upon a previous Bureau order in a separate matter, in which we observed: [I]n the case of cable programming service tiers ("CPSTs") there may be circumstances where a cable system, although not subject to effective competition as defined in the [Cable Television Consumer Protection and Competition Act of 1992], may be charging cable rates that are constrained by the presence of one or more multichannel video programming distributors ("MVPD") in the franchise area. In such situations, the presence of one or more MVPDs may ensure that the rates the operator charges subscribers for CPSTs are not "unreasonable." In such instances, the public interest may be served by relying on the market forces instead of our rate rules to ensure that the operator's rates are not "unreasonable." 3. We invited cable operators to file petitions for special relief from rate regulation if they believed they could satisfy this standard. Continental is the first and only operator to have sought such relief. 4. DIRECTV claims that it needs a 20-day extension in which to fully analyze and address all of the issues raised by the Petition. In seeking an extension, DIRECTV also refers to the potentially far-reaching implications of our disposition of the Petition. In addition, DIRECTV, a provider of direct broadcast satellite ("DBS") service, notes that it is identified in the Petition as a MVPD whose presence allegedly ensures that Continental's CPST rates are not unreasonable. DIRECTV thus claims that it is an "interested person" upon whom Continental was required to, but did not, serve the Petition. II. Standard of Review 5. As set forth in Section 1.46(a) of our rules: "It is the policy of the Commission that extensions of time shall not be routinely granted." However, any provision of our rules "may be waived by the Commission on its own motion or on petition if good cause therefor is shown." III. Discussion 6. We find good cause to grant DIRECTV's motion in part. The Petition filed by Continental raises significant issues. We believe the public interest will be served by allowing additional time for DIRECTV to address these issues. Whether or not DIRECTV qualifies as an interested person under Section 76.7(b) of our rules, we believe that DIRECTV has a unique perspective on the issues raised by the Petition and trust that its comments will aid us in our resolution of Continental's request for special relief. Moreover, because these are issues of first impression, our resolution of the Petition will provide guidance to other cable operators that are considering seeking similar relief. Thus, it is especially important that we take all reasonable steps to ensure that our decision is based on a complete record. 7. Although we find good cause to permit an extension, we decline to grant the full 20-day extension requested by DIRECTV. A prompt resolution of the Petition also serves the public interest. Therefore, we will extend the due date for responses to the Petition until April 21, 1995. For purposes of convenience and simplicity, this deadline will apply to all parties wishing to comment on the Petition. The new deadline for Continental's reply shall be May 1, 1995. IV. Ordering Clauses 8. Accordingly, IT IS ORDERED that the Motion for Extension of Time to File Response is GRANTED IN PART. 9. IT IS FURTHER ORDERED that DIRECTV and all other parties may submit comments or oppositions to the Petition on or before April 21, 1995 and that Continental may file a reply to any such comments or oppositions on or before May 1, 1995. All such pleadings should reference the file number noted above. Copies of submissions must be served on the petitioner and all persons listed in petitioner's certificate of service and must contain a detailed full showing, supported by affidavit, of any facts or considerations relied on. 10. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the Commission's rules. 47 C.F.R. 0.321. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau