WPC B 2MBERKZ3|X X-#XP\  P6Q9XP#"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN Tech InitT(PȗInitialize Technical Style.K+,ȗ&+Bȗ+> 1 .1 .1 .1 .1 .1 .1 .1 Technicala1Technical+>ȗ&Technical Document Style&ȏ(6+.K+,4"     2C)a2Technical+>ȗ&Technical Document Style&ȏ(6+.K+,*    a3Technical+>ȗ&Technical Document Style&ȏ(6+.K+,'     a4Technical+>ȗ&Technical Document Style&ȏ(6+.K+,&     a5Technical+>ȗ&Technical Document Style&ȏ(6+.K+,&   . 2u   a6Technical+>ȗ&Technical Document Style&ȏ(6+.K+,&  . a7Technical+>ȗ&Technical Document Style&ȏ(6+.K+, &  . a8Technical+>ȗ&Technical Document Style&ȏ(6+.K+, &  . Doc InitT(PȗInitialize Document Style.K+,ȗ&+Bȗ+>     I. 1. A. a.(1)(a) i) a)DocumentҲ2 . }qa1Document+>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+, . 2d ffqqa5Document+>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(:&&i'(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,()e*.+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 2o6K2,K}.K0\3"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddN8HH"&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""-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).  X'-  X-III. The Pleadings  X- ` x4.` ` Tootle alleges that TWCNYC, in response to a request for commercial leased  x@access information, "has instead forwarded a misleading 10 PAGE document entitled  x`APPLICATION FOR COMMERCIAL USE TIME', and has failed to provide the requested"X ,N(N(ZZo"  X- x/information," in direct violation of 47 C.F.R. 76.970(e).A {Oy-ԍSee Petition, p. 1.A Tootle requests relief in the form of  xzan order directing TWCNYC to provide certain items of leasing information and an award of damages.  X- ` ox5.` ` TWCNYC states that it could not locate a record of receiving any request from  x<Tootle prior to the instant petition. TWCNYC states that after receiving the petition, it forwarded  xto Tootle an application for commercial use time and a copy of TWCNYC's rate card showing  xhourly rates for the "all other" rate category of programming. TWCNYC states it also provided  xTootle with information regarding the availability of leased access time on its system during the  xzhours specified in Tootle's petition. TWCNYC states further that it received from Tootle on  xlAugust 18, 1995 certain information regarding Tootle's organization and his proposal for  X - xcommercial use time.  Z yO- xԍBy letter dated March 28, 1997, TWCNYC reports no further contact with Tootle since it provided him with rate information for three programming categories on October 19, 1995. TWCNYC asserts that it is complying with the Commission's regulations  xgoverning commercial leased access. TWCNYC asserts that, in view of the dialogue and  xexchange of information initiated with Tootle and the inability to locate any request from Tootle  xprior to the receipt of the petition, the petition is at best premature. TWCNYC requests that the petition be denied and dismissed, or at minimum held in abeyance.  Xb- IV.xDiscussion  X4- ` x6.` ` Section 76.975(g) of the rules requires that a petitioner, before being afforded  xrelief, must show by clear and convincing evidence that the cable operator has violated a statutory  X- xxor regulatory provision applicable to leased access services. \ {Oi- xԍSee 47 C.F.R.  76.975(g). For a general background discussion of the statutory and regulatory provisions  {O3- 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 Tootle provided no documentation  xwith the petition that supports the allegation that any request for commercial leased access leasing  x1information was made of TWCNYC prior to the filing of the petition on July 28, 1995.  x[However, TWCNYC provided with its response documents showing that Tootle was provided  x.with leasing information, including a rate card and an application for leased access service, by  X- xletter dated August 11, 1995, promptly after receiving a copy of the petition.I  {O"-ԍSee Response, attachment A.I We find on this  xrecord that the unsupported allegations of the petition do not constitute clear or convincing  xevidence that TWCNYC has violated any statutory or regulatory provision relating to leased  xaccess or has otherwise acted unreasonably or in bad faith with respect to Tootle, within the meaning of Section 76.975(g). " h ,N(N(ZZ"Ԍ X-ԙ V.xOrdering Clause  X- `  x7.` ` 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 in File No. CSR 4565L IS DENIED . x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeredith J. Jones x` `  hhChief, Cable Services Bureau