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The Pleadings  X- ` x 4. ` ` Top Catt is a small, independent production company serving the Oklahoma and  xTexas areas. It alleges that Lawton Cable has failed to respond to its repeated requests for rates  xfor hourly service and has provided it only full time monthly rates. Top Catt further asserts that  xLawton Cable has imposed technical and program content requirements that are excessive, causing  xundue financial hardship and mental anguish. It requests an order requiring Lawton Cable to  xshow cause why it should not cease and desist continuing to violate the leased access provisions and initiating forfeiture proceedings against Lawton Cable."w ,N(N(ZZP"Ԍ X- ` ԙx5. ` ` Lawton Cable provides cable services to approximately 24,470 subscribers in  xLawton, Oklahoma. According to Lawton Cable, Top Catt first formally requested leased access  x from Lawton Cable in a letter dated February 16, 1995. Previous to such request, it had not  xreceived any other request for leased access service and therefore had not developed leased access  xpolicies or rate schedules. Lawton Cable asserts that its general manager orally conveyed  xquotations of monthly rates to Top Catt in midApril and a full schedule of monthly and part time  Xv-rates by letter dated May 9, 1995.Fv18 {O-ԍSee Response, Exhibit A.F  XH- ` x6. ` ` In response to the allegation regarding the imposition of excessive technical and  xcontent requirements, Lawton Cable states that it received from Top Catt a video tape for a pilot  xjprogram that contained music content. Lawton Cable states that, in response to inquiries, Top  xLCatt admitted not having any copyrights to that programming but stated that it would obtain a  xZlicense. Lawton Cable states further that to its knowledge Top Catt has not obtained the required  x\license. In this connection, Lawton Cable further asserts that the tape's picture quality was extremely poor and worse than any programming on any of its other channels.  X- IV. Discussion  Xb- ` x7. ` ` The principal issue raised by the petition is whether the respondent cable operator,  xLawton Cable, violated the Commission's leased access regulations because of its alleged failure  x.to provide Top Catt with rates for part time leased access service. The record shows that Top  xCatt expressed interest in leased access services on Lawton Cable's cable system and requested  x<"a Rate Card outlining prices for Leased Access time for one hour per day, for seven days a week  X- xprogramming."K Z18 {O-ԍSee Petition, Attachment "B."K That request was followed by a second request pointing out that Lawton Cable  xhad not delivered the rate card, even though the request had been the subject of earlier  X- xdiscussions.K 18 {O^-ԍSee Petition, Attachment "C."K Lawton Cable ultimately provided Top Catt with a complete schedule of monthly full time and part time leased access rates after the petition for relief had been filed.  X|- ` x8. ` ` This record does not support a finding that Lawton Cable refused to respond to  xTop Catt's requests for leased access rates in violation of Section 76.970(e) of the rules. Section  x76.970(e) required, when the petition was filed, that a cable operator provide a schedule of leased  X7- xaccess rates to prospective leased access programmers "[u]pon request." 7~18 {Of#- xiԍSee 47 C.F.R.  76.970(e) (1995). As noted earlier, in the recently adopted Second Order, the Commission set a 15 day response time from the date of a written request. At the time that Top  xCatt filed its petition no specific response time was specified. Lawton Cable provided Top Catt  x=with a complete schedule of full time and part time leased access rates after Top Catt's petition  x/was filed. As Lawton Cable points out, Commission policy with respect to part time leased" ,N(N(ZZZ"  X- xaccess service was not discussed in detail in the Rate Order. However, further clarification was  X- xiprovided by the Cable Services Bureau In the Matter of Tootlevision vs. Community Cable/Prime  X- xCable of Nevada, 18 yOO- xԍ10 FCC Rcd 3340 (CSB 1995). Further clarification of the requirements for part time rates is provided in the  {O-Second Order at  59. which was released February 16, 1995, the date Top Catt requested part time  X- x[rates from Lawton Cable.K "18 {O-ԍSee Petition, Attachment "B."K Since Lawton Cable provided Top Catt with a schedule of part time  xrates that meets the requirements following the filing of its petition, and in view of the unsettled  xnature of the law at the time, we find that Lawton Cable did not violate Section 76.970(e). We  xnote, however, that our new rules provide for a response period of 15 days from the date of a  xwritten request or 30 days from a date of a written request for systems who qualify for "small system" rate relief.  X - ` x9. ` ` Further allegations that Lawton Cable imposed excessive technical and content  xrequirements are unsupported and unsubstantiated and accordingly will be dismissed. In the  X - x Second Report, the Commission affirmed the right of cable operators to impose reasonable  X - xKinsurance requirements on leased access programmers.} 18 {OB-ԍSee Second Report,  112, and Appendix D, Revised Rules, Section 76.971(d).} Accordingly, Lawton Cable may require  xeither that Top Catt provide proof of license for copyrighted programming presented for carriage  xor require reasonable insurance protection against carriage of uncopyrighted programming.  xLawton Cable may also require that leased access programming presented by Top Catt meet the  xsame production standards that are required of public, educational and governmental access  Xj- x=channels.RjF18 {Oa-ԍSee 47 C.F.R.  76.971(b) (1996).R Top Catt's petition for relief will be dismissed along with the request for cease and desist and forfeiture orders.  X%- V. Ordering Clauses  X- ` x10. ` ` For the foregoing reasons, IT IS ORDERED that the petition for relief of Top  X-Catt TV & Video Productions in File Number CSR 4507L IS DISMISSED .  X- ` px11. ` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R.  0.321. X` hp x (#%'0*,.8135@8: