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A. a.(1)(a) i) a)DocumentҲ2{ % tq a1Document+>ȗ&Document Style7&ȏ(6+#.K+, F *  ׃  a2Document+>ȗ&Document Style7&ȏ(6+#.K+, *    a3Document+>ȗ&Document Style7&ȏ(6+#.K+,0     a4Document+>ȗ&Document Style7&ȏ(6+#.K+, . 2[ ffqyqa5Document+>ȗ&Document Style7&ȏ(6+#.K+,   a6Document+>ȗ&Document Style7&ȏ(6+#.K+, !" a7Document+>ȗ&Document Style7&ȏ(6+#.K+,#$` ` ` a8Document+>ȗ&Document Style7&ȏ(6+#.K+,%&` ` ` 2%* e$p%s%PleadingT(PȗHeader for Numbered Pleading Paper,ȗ&+Bȗ+>'(   ,#6X@@# X  y*dddyy*dddy HJ1 HJ2 HJ3 HJ4 HJ5 HJ6 HJ7 HJ8 HJ9 H10 H11 H12 H13 H14 H15 H16 H17 H18 H19 H20 H21 H22 H23 H24 H25 H26 H27 H28   ӲHeading 2T(PȗUnderlined Heading Flush Left.K+,ȗ&+Bȗ+>)* Heading 1T(PȗCentered Heading6+).K+,ȗ&+Bȗ+>+,* Ã  Bullet List(PȗIndented Bullet List+*.K+,ȗ&+Bȗ+>-.` ` ` 2(1&&`'(a1Right Par+>ȗ&Right-Aligned Paragraph Numbers6+6.K+,8/0@   a2Right Par+>ȗ&Right-Aligned Paragraph Numbers6+6.K+,A12@` `  ` ` ` a3Right Par+>ȗ&Right-Aligned Paragraph Numbers6+6.K+,J34` ` @  ` `  a4Right Par+>ȗ&Right-Aligned Paragraph Numbers6+6.K+,S56` `  @  2+()\*%+a5Right Par+>ȗ&Right-Aligned Paragraph Numbers6+6.K+,\78` `  @hh# hhh a6Right Par+>ȗ&Right-Aligned Paragraph Numbers6+6.K+,e9:` `  hh#@( hh# a7Right Par+>ȗ&Right-Aligned Paragraph Numbers6+6.K+,n;<` `  hh#(@- ( a8Right Par+>ȗ&Right-Aligned Paragraph Numbers6+6.K+,w=>` `  hh#(-@pp2 -ppp 2f6K),Kt.K0Z 3"i~'^"(22TN"""28"2222222222888,\HBBH>8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""- xthe regulations.j>  {O -ԍSee Second Order, Appendix D, Revised Rules, Section 76.970.j The Commission also adopted procedures for resolution of disputes, providing  xfor the filing of a petition for relief within sixty days of an alleged violation of a leased access  X-statutory or regulatory provision, and for the filing of a response." {O#-ԍSee Second Order, Appendix D, Revised Rules, Section 76.975 and 47 C.F.R.  76.975 (1996). ",N(N(ZZ "Ԍ X-  "L  "L III.xThe Pleadings  X-  X- ` x4.` ` Tootle alleges Prime Cable has ignored his requests for information and thus failed  xto comply with a prior order from the Federal Communication Commission, which decided  X- x "L  "L another Petition for Relief filed by Tootle against Prime Cable ("Tootlevision").  {O- xԍSee Harry Tootle d/b/a/ Tootlevision v. Community Cable TV/Prime Cable of Nevada et al., 10 FCC Rcd 3340 (Cable Serv. Bur. 1995) (App. for Review pending). In Tootlevision,  xthe Commission held, inter alia, that cable operators must accommodate requests for parttime  Xx- xKleases,= x" {OK -ԍId. at  14.= and that Prime Cable would, therefore, be required to establish a rate schedule applicable  Xa-to part time use of leased access channels.= a {O -ԍId. at  17.=  X3- ` x5.` ` Prime Cable asserts that, consistent with the Commission's Order in Tootlevision,  xit has provided Tootle with the information necessary for him to obtain leased access channel  xcapacity on its cable system in Las Vegas, Nevada. In particular, Prime Cable states it promptly  X - xprovided Tootle with a schedule of hourly rates for all three categories of leased access services,M  F {O- x;ԍSee Response, Attachment B. Three categories of leased access services were defined in 47 C.F.R.  76.970(f)  {O- xjat the time Tootle requested rate information and Prime Cable responded. The Final Order eliminated these  xxcategories as part of the revised rate calculation. Under the average implicit fee formula, the maximum rates are  xinstead based on the average value of the channel capacity rather than distinctions among different types of leased  {O - xZaccess programmers.  Second Order, Appendix D, Revised Rules, Section 76.970. Nevertheless, the categorized rate information Prime Cable provided to Tootle in 1995 was consistent with the rules in effect at that time.M  X - xKand with copies of its Standard Lease Access Agreement and related leasing information.I  {ON-ԍSee Response, Attachment C.I Prime  xCable states further that Tootle not only refused to sign a lease agreement with Prime Cable, but  xhas changed from time to time the proposed method for delivering programming to the cable  x=system headend. Prime Cable asserts that Tootle's failure to identify how programming will be  xdelivered to the cable system makes it unduly difficult to respond fully and promptly to Tootle's  xrequest. Prime Cable also states that the check tendered by Tootle falls far short of covering the  x.expected charges for leased access service. Prime Cable also provides in its response specific  xinformation requested by Tootle in his Petition although not previously requested directly from  X!-Prime Cable.C!V  {O("-ԍSee Response, p. 68.C ",N(N(ZZ"Ԍ X-  "L  "L IV.xDiscussion  X- ` x6.` ` Section 76.975(g) of the leased access regulations requires that, before being  xafforded relief, a petitioner must show by clear and convincing evidence that the cable operator  X- xx "L  "L has violated a statutory or regulatory provision applicable to leased access services.\ {O- xԍSee 47 C.F.R.  76.975(g). For a general background discussion of the statutory and regulatory provisions  {O- xrelating to commercial leased access, see Advantage Video & Marketing, Inc. vs Comcast of Lower Merion, Inc., 10  yO-FCC Rcd 76817682 (Cable Serv. Bur. 1995).ă The record  xxshows that Prime Cable provided Tootle with information, consisting of a schedule of hourly rates  xKfor the "nonshopping/other" category, a proposed lease access agreement, and related technical  X_- xinformation\_ {O -ԍSee Response, p. 68, and Attachments B and C.\ that were in a format consistent with the rule in effect at the time of Tootle's  XH- xrequest and Prime Cable's response.hH~ yOw- xwԍPrime Cable's response to Tootle in 1995 provided hourly rates and, for some programming categories, required  xJpurchase of a minimum four hour block. We note that as of the effective date of the Revised Rules, cable operators  xare required to provide part time leased access rates in onehalf hour intervals and otherwise to revise their rate  {O- xJcalculations to comply with the Revised Rules. See Second Order at  136 and Appendix D, Revised Rules, Sections 76.970(g) and 76.971(a)(4).h The record also shows that, instead of pursuing  xnegotiations toward completion of leased access arrangements, Tootle tendered a payment to  xPrime Cable, which was refused because, according to Prime Cable, the amount tendered fell far short of the expected charges for leased access services.  X - ` x7.` ` We find on this record that Tootle has not presented clear or convincing evidence  xthat Prime Cable violated any statutory or regulatory provision relating to leased access in effect  x[at the time Tootle filed its petition or otherwise acted unreasonably or in bad faith with respect  x.to petitioner within the meaning of Section 76.975(g). The showing made by Tootle that Prime  xCable has not accepted a check in an undisclosed amount for leased access service does not, of  xitself, establish a violation by Prime Cable of any of the statutory or regulatory provisions applicable to leased access.  X-  "L   X- "L V.xOrdering Clause  X-x8.` ` For the foregoing reasons, IT IS ORDERED , pursuant to authority delegated by  xSection 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the Petition for Relief of Harry  X-Tootle d/b/a as Tootlevision in File No. CSR 4554L IS DENIED . x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeredith J. Jones x` `  hhChief, Cable Services Bureau