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The Firm  xcalculated the amount of damages by estimating that the Commission will need 15 months to resolve its complaint and assessing $10,000 for each month.  X{- ` x4.` ` In its opposition, Marcus states that, in response to The Firm's first request for  xinformation, it explained that it was in the process of developing commercial leased access rates  XM- x.in conformity with the Commission's Recon. Order which had been recently released. Marcus  xfurther states that, although it was unable to provide the information at the time requested, it has  xnow complied with The Firm's request. Marcus asserts that, on July 19, 1996, it provided The  xFirm with information concerning its leased access rates, channel capacity, technical fees, and a  xicopy of the cable system's standard leased access contract. Marcus further asserts that it did not  xviolate Section 76.970(e) of the Commission's rules by not providing information in response to  x=either the Firm's initial or second request within seven business days. Marcus argues that the  x-Commission's amendment of Section 76.970, which imposed the seven day response requirement,  xdid not become effective until July 10, 1996, well after the dates of The Firm's requests. As a  xkresult, Marcus argues that The Firm's requests were governed by the more flexible standard  xcontained in Section 76.970(e) prior to amendment which required cable operators to provide  xinformation upon request. Marcus argues that the Commission has interpreted the standard "upon  X;-request" to mean "as soon as practicable."c ; {O!-ԍOpposition at 2 citing Recon. Order at  40.c  X - ` x5.` ` Marcus next argues that it did not attempt to exercise editorial control over The  xFirm's leased access programming in violation of Section 76.971(e) of the Commission's rules  xby requesting Marcus to complete a questionnaire. Marcus asserts that the questionnaire that The  xFirm was asked to complete is sent to all potential leased access programmers and assists the  xoperator in obtaining information essential to the leased access carriage relationship. Marcus"!z ,-(-(ZZ "  xxargues that The Firm has not alleged any facts, nor does the questionnaire contain any questions,  xwhich support The Firm's contention that Marcus attempted to exert editorial control. Finally,  xMarcus asserts that The Firm mistakenly requests the Commission to order Marcus to pay a  xypenalty in the amount of $150,000 to The Firm. Marcus asserts that forfeitures are assessed by  xxthe Commission and paid to the Commission, not to petitioners. In any event, Marcus argues that  xa forfeiture would be inappropriate in this case because, at the time of The Firm's request, the  x{Commission had recently amended its rules governing commercial leased access and the  X_- xyapplication of the new rules was unclear. Marcus argues that, under such circumstances, _ {O- x.ԍCiting Alert Paging Co. of San Francisco, 6 FCC Rcd 5336 (1991) and Bart Gonzalez, 6 FCC Rcd 4646 (1991). and  xybecause Marcus has not engaged in any willful or repeated violations of the commercial leased  X1-rules,b 1" {O -ԍSee 47 U.S.C.  532; 47 U.S.C. 503 (b)(1)(B).b sanctions are not appropriate.  X -( DISCUSSION ă  X - ` 2x6.` ` We will deny The Firm's petition for relief alleging violations of the Commission's  x[commercial leased access regulations. As noted above, The Firm's petition is governed by the  X - xcommercial leased access regulations established pursuant to the Rate Order.F  {O -ԍSee  2, supra.F With regard to  xthe provision of commercial leased access rates, we find that Marcus has complied with The  xiFirm's request and it has provided information pertaining to leased access rates, channel capacity,  xtechnical fees, and a copy of its standard leased access agreement. When the petition was filed,  xSection 76.970(e) required cable operators to provide a schedule of leased access rates to  X6- xprospective leased access programmers "[u]pon request."R6F {O--ԍSee 47 C.F.R.  76.970(e) (1995).R We find that Marcus's initial response,  xwhich was received by The Firm within two days of its request, was reasonable in light of the  X- xfact that, at the time, the Commission had recently issued its Recon. Order which proposed to  xamend the formula by which commercial leased access rates are calculated. We note that any  xjleased access rates charged by Marcus for commercial leased access commencing on and after  xApril 11, 1997 must be calculated using the "average implicit fee" formula adopted by the  X- xCommission in its Second Report.G {O7!-ԍSecond Report at  22.G Moreover, we further note that the Second Report requires  x-cable operators to provide prospective leased access programmers with information pertaining to  xleased access rates, among other things, within 15 calendar days of the date on which a request  Xk-for such information is received.@kj  yO%-ԍ47 C.F.R. 76.970(h).@  X=- ` x7.` ` With regard to The Firm's argument that the questionnaire was an attempt by"= ,-(-(ZZ"  xMarcus to exercise editorial control, the questionnaire contains questions relating to the nature  xof the leased access service, technical criteria, and the proposed business arrangement. We find  xthat our rules at the time the complaint was filed did not prohibit asking for such information.  xThe Commission, however, recently examined this issue and concluded that to prevent cable  xoperators from discouraging leased access use it would generally prohibit cable operators from  X-asking for any information prior to responding to requests for leased access information.I {O-ԍSecond Report at para. 133I  X_- ` x8.` ` The Firm requests relief in the form of compensation for time expended, costs  xincurred, and lost revenues in bringing this action before the Commission. Specifically, The Firm  xrequests $150,000 in compensatory damages. Nothing in the Communications Act of 1934, as  x[amended, nor the 1992 Cable Act, provides for recovery of costs associated with the filing of a  x[petition for relief with the Commission relating to the statutory leased access provisions or the  xCommission's leased access regulations. Accordingly, The Firm's request for compensation for  X -such costs and revenues will be denied.<X Z yO-  ԍThe Firm provided no evidence of lost revenues, other than its speculation that its petition would be pending   before the Commission for 15 months, nor did it provide evidence that Marcus engaged in conduct justifying issuance of a forfeiture. <  X -  ORDERING CLAUSES ă  Xy- ` x9.` ` Accordingly, IT IS ORDERED that the petition filed by Lorilei Communications,  xInc., d/b/a The Firm (CSR4749L) against Marcus Cable Associates, L.P. pursuant to Section  XK-76.970(e) of the Commission's rules then in effect, 47 C.F.R. 76.970(e) IS DISMISSED.  X- ` ox10.` ` IT IS FURTHER ORDERED that the petition filed by The Firm pursuant to  X-Section 96.971(e) of the Commission's rules then in effect, 47 C.F.R. 76.971(e) IS DENIED.  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` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@Meredith J. Jones  X -x` `  hh@Chief, Cable Services Bureau  X -