NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $//TV-24 Sarasota, Inc. vs. Comcast Cablevision, MO&O, DA95-1612//$ $/76.970 Calculation of Maximum Monthly Leased Access Rates/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 95-1612 In the Matter of ) Petition for Relief of ) ) TV-24 SARASOTA, INC. ) ) vs. ) CSR 4178-L ) COMCAST CABLEVISION OF WEST ) FLORIDA, INC. ) ) For Leased Access Channels ) ORDER Adopted: July 18, 1995 Released: Jully 24, 1995 By the Chief, Cable Services Bureau 1. By Memorandum Opinion and Order, DA 94-1595, released December 27, 1994 (herein "Order") in this proceeding, the respondent, Comcast Cablevision of West Florida, Inc., (herein "Comcast") was ordered to file with the Commission all contracts for programming in effect for the calendar year prior to December 1993, the number of subscribers for the Sarasota, Florida system as of December 31, 1993, and any other relevant documentation, that it used to justify the calculation of the maximum monthly implicit net fee for leased access, as provided in Section 76.970 of the Commission's rules, 47 C.F.R.  76.970. The purpose of that requirement was to confirm the monthly price that Comcast pays to carry the programming of nonaffiliated programmers on its system, information which had not been provided for the record and which was necessary to our determination whether Comcast's quoted maximum monthly rate are reasonable in accordance with our rules. See Order at  21-23. 2. On January 17, 1995, Comcast, by a letter of that same date, submitted additional information in justification of its leased access rates along with copies of several contracts with unaffiliated program suppliers. Comcast requested that the programming contracts be withheld from public inspection pursuant to Section 0.459(a) of the Commission's rules, 47 C.F.R.  0.459(a). Comcast served a copy of its January 24, 1995 letter on TV-24 Sarasota, Inc., the petitioner, by letter dated January 24, 1995. No response from TV-24 Sarasota, Inc. to the information submitted with the Comcast letter has been received by the Commission. 3. We find that the information submitted by Comcast with its letter of January 17, 1995 confirms the monthly payment that Comcast was making to at least one of its nonaffiliated program suppliers is zero, as used in its rate calculations. Based on that information, we further find that Comcast had calculated its maximum monthly rate, as described in Paragraph 21 of the Order, in accordance with Section 76.970(c) of the Commission's rules and that such rate does not exceed the maximum reasonable rate permitted by Section 76.970. 4. Accordingly, IT IS ORDERED that this proceeding IS HEREBY TERMINATED. 5. This action is taken 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