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(1) (a) (i) 1) a)D )DDDFrfJ$ a2Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfK/` ` ` a3Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfL:` ` `  2`MNDOPa4Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfME` ` `  a5Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfNP  ` ` ` hhh a6Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfO[   a7Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfPf  2\Q3g"1wa8Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfQq 2 yO- X   )^} X-w #Xj\  P6G;+XP# Federal Communications Commission`)(#5DA 971227 ă  yxdddy )QC aE#G\  P6G;YP#QvK Before the Federal Communications Commission  yO}"Washington, D.C. 20554 ă  X -l#Xj\  P6G;+XP#у)  X -In the Matter of  hh,V)  X-Petition for Relief of hh,V) ` `  hh,V)  X-LORILEI COMMUNICATIONS, INC.V )  X-X` hp x (#%'0*,.8135@8:alleged violation of a leased access statutory or regulatory provision, and for the filing of a  X>-response. >,  {O-ԍSee Second Order, Appendix D, Revised Rules, Section 76.975 and 47 C.F.R.  76.975 (1996).  X- THE PARTIES' PLEADINGS  X-  X-  4.` ` On May 28, 1996, Lorilei states that it faxed a letter to Comcast requesting the   Lfollowing: a sample copy of the actual lease agreement, specific information about the Corinth   system, including the total number of subscribers reached by leased access, full time leased access   rates, part time leased access rates by daypart, leased access setaside capacity, the channel   number on which leased access programming appears, and what tape format the system uses to   playback leased access. Having not received a response from Comcast, Lorilei faxed it another   letter requesting this information on June 12, 1996, and on June 18, 1996, Lorilei filed the instant"X ,N(N(ZZ0"   petition. Lorilei contends that Comcast ought to have responded to its information requests   ywithin 7 days, and that Comcast's failure to do so has prevented Lorilei from exercising its right   to transmit programming on Comcast's system. As a result, Lorilei claims that it has suffered   .$10,000 per month in lost revenues while this petition is pending, in addition to the expense of   [preparing letters, postage, faxes, long distance telephone calls, legal research, and the costs of   preparing this petition. Lorilei speculates that this petition may not be processed for sixteen   months after it is filed, so Lorilei requests that the Commission issue a notice of apparent liability   against Comcast in the amount of $160,000 as a penalty for violating the Commission's rules.   In addition, Lorilei asks that the Commission order Comcast to provide Lorilei annually with a   schedule of fulltime and parttime rates for the next five years as proof of Comcast's compliance with Commission rules.  X -  5.` ` In response, Comcast states that by letter dated June 24, 1996 it provided Lorilei   [with the relevant leased access information, which was within four days of receiving notice for   the first time, on June 21, 1996, that Lorilei wanted such information and that it planned to file   this petition. Comcast maintains that, in fact, it did not receive either Lorilei's information   ?request of May 28, 1996 or of June 12, 1996. Comcast contends that Lorilei's request for   damages is speculative, inappropriate, and outside the Commission's authority; adding that as of   =August 2, 1996, Lorilei had yet to purchase any time on Comcast's system. Comcast adds that   it intends to give Lorilei any further information regarding leased access use to which it is entitled upon request.  X-@ DISCUSSION ă  X-  6.` ` The record does not support a finding that Comcast failed to respond in a timely   fashion to Lorilei's request for leased access information in violation of  76.970 of the   Commission's rules. At the time that Lorilei filed its petition, cable operators were directed to  X-  respond "within seven business days" to such inquiries,T  {O -ԍSee Recon. Order, 11 FCC Rcd at 16949.T and Comcast contends that it did   respond within this time period to the first request for access information it received from Lorilei  Xe-  on June 21, 1996. eZ yOp-  ԍLorilei has submitted no evidence (such as a signed receipt for certified mail) that Comcast did, in fact, receive Lorilei's prior requests for leased access information. While there is some dispute about when Comcast first learned of Lorilei's   request for information, the record reflects that Comcast responded to Lorilei's June 21, 1996   request within four days. Obviously, this is within the seven days allowed under our former   rules. Therefore, we do not believe that a violation of our rules has occurred. We note, however  X -that our new rules provide for a response period of fifteen days.C  yOl$-ԍ47 C. F. R.  76.970(h).C  X-  7.` ` We also do not believe that Lorilei is entitled to compensation for time expended   or for costs incurred in bringing this action before the Commission. Neither the Communications" B ,N(N(ZZ"   -Act of 1934, as amended, the 1984 Act, nor the 1992 Act provide for recovery of costs associated   with the filing of a petition for relief with the Commission for alleged violations of the leased   access statutory provisions or of the Commission's regulations issued under authority of those  X-  statutory provisions.k  {O4-ԍLorilei Communications, Inc., 11 FCC Rcd 10431, 10439 (1996).k Accordingly, Lorilei's request for compensation for such costs will be  X-denied.  Xv-% ORDERING CLAUSES ă  XH-   8.` ` Accordingly, IT IS ORDERED that the petition (CSR 4768L) filed June 24,  X1-1996, by Lorilei Communications, Inc., IS DISMISSED .  X -  X -  9.` ` This action is taken pursuant to authority delegated by  0.321 of the Commission's rules. 47 C. F. R.  0.321.  "hA  ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,Meredith J. Jones  XK-` `  hh,Chief, Cable Services Bureau