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The petition further alleges that Time Warner erred in calculating its leased  xaccess rate by including petitioner's programming in the "commercial use" rather than in the "all other" category.  xThe record shows, however, that Time Warner included petitioner's programming in the all other category. There  {O- xwwas no "commercial use" rate category applicable to leased access services when the petition was filed. See 47 C.F.R.  x 76.970(f) (1995). The petitioner also alleges that Time Warner impermissibly conditioned leased access availability  xI on the content of petitioner's programming. Apart from this statement, the petition failed to identify which particular  xterms and conditions proposed by Time Warner are objectionable. Accordingly, no further consideration will be given to these allegations.  X- `   x4. ` ` Time Warner, which operates the cable system serving Kimberly, Wisconsin under  x=the name Cablevision, responds that it set the quoted $550 per hour rate for commercial leased  x.access with reference to the highest fee paid for channel time on its system by a nonaffiliated  xprogrammer, and that the quoted rate "is below that fee and, therefore, is in compliance with the  X- xCommission's regulations."Ib 18 yO"-ԍResponse of Time Warner, at p. 2.I Time Warner further asserts that another party has purchased "the  xright to exhibit programming on [its] system at a rate in excess of $550 per hour" for  X- xjprogramming in short blocks similar to the time arrangements requested by Life Sharing.1 18 {O)&-ԍId.1 Time  xWarner argues that the Commission has not established rules for calculating parttime leased"o ,N(N(ZZ"  xaccess rates. It argues, however, that its own method for calculation of parttime rates "is  xconsistent with the Commission's leased access approach," because the quoted rate is "derived  X- xMfrom the highest market value of channel capacity for the system [citation omitted]."<18 {OK-ԍId. at p. 23.< Time  x<Warner expresses concern that migration of nonleased access programmers to leased access will  xoccur if it is required to charge leased access programmers a rate below that paid by other  x programmers. Time Warner argues that such migration will result in adverse effects on the  x=operation, financial condition, and market development of its cable system in contravention of  xthe 1992 Cable Act. Finally, it asserts that the previous availability of a lower rate does not limit  XH-the right to seek a higher rate that "is no higher than that permitted by law.":HZ18 {OS -ԍId. at p. 3.:  X - R$DISCUSSIONS ă  X - ` $x5. ` ` The only issue presented is whether the leased access rate proposed by Time  xMWarner exceeds the maximum reasonable parttime rate that may be established for a leased  X - xiaccess channel, consistent with the requirements of our rules. In the Rate Order, the Commission  xrejected marketplace ratemaking for leased access channels and adopted instead a "highest implicit  xfee" formula for setting maximum reasonable rates that a cable operator may charge any non X{- xaffiliated programmer for leased access and X01Í ÍX Í Ídeveloped a methodology for cable operators to  Xd- xfollow in determining maximum reasonable rates.|d {O-#X\  P6G;P#эSee Rate Order, 8 FCC Rcd at 59485952.| Subsequently, in the Second Order released  xafter the filing of Life sharing's petition, the Commission identified problems with the highest  ximplicit fee formula brought out in the comments of interested parties and replaced that formula  X!- x|with an average implicit fee formula.t !~ {OP-#X\  P6G;P#эSee Second Order,  13 58.t The Commission also clarified its guidelines for  X -establishing rates for parttime leased access service.t  {O-#X\  P6G;P#эSee Second Order,  59 76.t  X- ` nx6. ` ` In basing its leased access rates on "the highest market value of channel capacity  xfor the system," it appears that Time Warner relied upon marketplace ratemaking in establishing  xLits proposed leased access rates rather than the highest implicit fee formula estrablished in the  X- xCommission's Rate Order as the appropriate leased access rate methodology. Unnder the leased  xMaccess regulatory program in effect when life sharing filed its petition, and now currently in  xeffect, leased access users disputing rates have the option of paying the disputed rate and then  XT- x.seeking a refund.| T yO%-#X\  P6G;P#эSection 76.975(f) of the Commission's rules. | The record does not reflect that any leased access payments were made to  xTime Warner by Life Sharing. Consequently, in view of the fact that new regulations governing  xleased access rates have been recently adopted, we do not believe that it would serve any purpose"&2 ,N(N(ZZ"  xto request additional information from Time Warner in order to determine if its proposed rates  x-were properly calculated under the former "highest implicit fee" regulations. Consequently, Time  xWarner will be required to provide Life Sharing and any other potential leased access user with  X- xknew rates based upon the average implicit fee formula specified in the Second Order for the  x-calculation of leased access rates and to follow the new guidelines for parttime rates. Moreover,  xlany future inquiries or negotiations regarding leased access rates or other leased access information should be resolved under our new rules.  XJ-  ORDERING CLAUSES ă  X - ` }x7.` ` Accordingly, IT IS ORDERED , pursuant to 612 of the Communications Act of  x 1934, as amended (47 U.S.C. 532), that the petition (CSR4290L) filed by Life Sharing, Inc.  xv. Time Warner Entertainment, L. P. d.b.a. Cablevision regarding its cable system in Kimberly,  X -Wisconsin is GRANTED.  X - ` px8. ` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R.  0.321.  "JU  x` ` hhFEDERAL COMMUNICATIONS COMMISSION x` ` hhMeredith J. Jones x` ` hhChief, Cable Services Bureau