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MEAZELLR) R) v.R) R) TIME WARNER ENTERTAINMENT R) ADVANCED/NEWHOUSE CO., d/b/aR) TIME WARNER CABLER) R) R)  "H R)  "H   "H   S -  MEMORANDUM OPINION AND ORDER TP  S-X` hp x (#%'0*,.8135@8:(>(II "  xinformation was made on behalf of Veritas Entertainment, Inc. ("Veritas") and that Warner Cable promptly  S- xresponded. yO@- x<ԍWarner Cable attaches correspondence between it and Veritas which shows that as of May 16, 1994, Veritas received leased access rate information from Warner Cable. Warner Cable further states that before negotiations were completed with Veritas, Meazell  xjleft the employ of Veritas and that Veritas eventually ceased expressing an interest in leasing capacity on  xWarner Cable's cable system. Warner Cable contends that Meazell first requested leased access  xinformation on his own behalf in Spring 1995 and Warner Cable responded to that request on June 26,  xj1995. Warner Cable alleges that on July 10, 1995 Meazell returned a partially completed application for  xchannel capacity. Warner Cable states that it continued to negotiate with Meazell and informed him in  xAugust 1995 that Warner Cable wanted to find a thirdparty provider of billing and collection services for  xits leased access services. Warner Cable asserts that Meazell unilaterally terminated negotiations on or  xabout August 30, 1995 and that Meazell's phone number subsequently was disconnected. Warner Cable  x.states that it had no further communication with Meazell, except a letter from Meazell dated September  x15, 1995 expressing his dissatisfaction with the pace of negotiations and a copy of this petition, which was served on Warner Cable on September 26, 1995.  S - ` nx6.` ` Warner Cable contends that Meazell's request for payperview leased access services was  x\the first such request Warner Cable had received and that it needed time to develop a model for initial  xrates for billing and collection and technical support. Warner Cable asserts that on November 13, 1995,  xit forwarded, by registered mail, a schedule of rates for payperview billing and collection services and  xjfees for technical support services. Warner Cable also asserts that at that time it informed Meazell of its willingness to continue discussing Meazell's request for leased access services.  S- ` Ax7.` ` Warner Cable argues that the Commission has found that lengthy negotiation time periods  S- xmay be reasonably necessary in processing leased access requests.^  {OP- x<ԍOpposition at 5 citing TV24 Sarasota, Inc v. Comcast Cablevision of West Florida, Inc., 10 FCC Rcd 3512,  {O- x 4 (1994) and Advantage Video and Marketing, Inc. v. Comcast Cablevision of Lower Merion, Inc., DA 951533,  {O- 8, n.18 (Cab. Serv. Bur., rel. July 14, 1995) ("Advantage Video"). Warner Cable further argues that much  xof the delay was caused by the fact that Warner Cable was dealing with Veritas, not Meazell, and that  xMeazell failed to provide the financial information and credit references in his application for leased access  xchannel capacity. Warner Cable asserts that the Commission has recognized that cable operators may  S- x[require leased access programmers to provide suitable guarantees with respect to their creditworthiness.\ F {O-ԍOpposition at 6 citing Rate OrderĠat  501.\  xWarner Cable argues that it never refused to provide Meazell with billing and collection services but  xinformed Meazell that it might not be feasible for Warner Cable to provide such services and that it was  xexploring the possibility of a thirdparty provider. Warner Cable further argues that, pursuant to Section  x76.971(f) of the Commission's rules, a cable operator may use thirdparty services where an operator can  S(- xdemonstrate that such thirdparty services represents a feasible alternative for the leased access user.R ( yO#-ԍOpposition at 8. 47 C.F.R.  76.971(f).R  xjWarner Cable contends that after searching for a thirdparty provider it determined that it would provide  xjthe requested support services to Meazell and informed him of that decision in November 1995. Warner  S- x{Cable did not address the issue of refunds or of sanctions, both of which were raised by Meazell's petition. "h ,>(>(II"Ԍ S-ԙ( DISCUSSION ă  S-  S-Leased Access Rate Information Timing and Response  S`- ` x8.` ` We will deny Meazell's petition. As noted above, Meazell's petition is governed by the  S8- xcommercial leased access regulations established pursuant to the Rate Order.E 8 {O-ԍSee  2 supra.E As an initial matter, we  xfind that Meazell's request for leased access information on behalf of Veritas will not be considered  S- xbecause at the time this petition was filed, Meazell was no longer employed by Veritas and was acting  x.on his own behalf. With respect to Meazell's request on his own behalf, we note that when the petition  xwas filed, Section 76.970(e) of the Commission's rules required cable operators "[u]pon request" to  Sr- xprovide a schedule of leased access rates to prospective leased access programmers.H rZ yOl -ԍ47 C.F.R. 76.970(e) (1995). H There was no  xresponse time period provided for in the rules. We note that Warner Cable responded on June 26, 1995  S" - xzto Meazell's request on his own behalf which was made "in the spring of 1995."8 "  yO-ԍOpposition at 3.8 Without additional  xzinformation, we can not find that this time period was unreasonable under the circumstances. Warner  x=Cable's response included the required information such as its leased access rates, a sample leased access agreement and an application for commercial use.  SZ- ` x9.` ` Warner Cable argues that Meazell himself caused any subsequent delay in processing his  xleased access request by not properly completing the application for commercial use. The Commission  S - xKstated in the Rate Order that cable operators "should have discretion to require reasonable security deposits  x{or other assurances from programmers who are unable to prepay in full for access to leased access  x/channels [and that] it would be unfair to require the cable company to bear the financial risk of airing  S- xleased access programming without the provision of suitable guarantees."\z {O- xԍRate Order at  501. We note that in the Second Report, the Commission stated that "we will not allow  xwoperators to ask for any information before responding to a leased access request unless the information is necessary  {O@-to prepare the required response." Second Report at  133. In the instant case, Warner  xzCable requested Meazell to complete the application for commercial leased access use which included  xinformation regarding the identity of the applicant, background and financial resources. We therefore find  S- xthat the application was not a delay tactic to providing Warner Cable's initial leased access rate  S-information but a reasonable request for financial assurances from Meazell.   S- x   S- Billing and Collection and Technical Support Services  S|-  ST- ` #x10.` ` With respect to Meazell's request for information pertaining to Warner Cable's billing and  x|collection services and technical support services for premium and payperview leased access  xprogramming, we note that Section 76.971(f) of the Commission's rules in effect at the time of this  xpetition permitted cable operators to employ thirdparty providers of billing and collection services if  S- xjoperators could demonstrate that it was costeffective to do so.@ yO&-ԍ47 C.F.R. 76.971(f).@ We further note that Section 76.971(c)". ,>(>(II"  x.of the Commission's rules in effect at the time of this petition required cable operators to provide leased  xaccess programmers with a minimal level of technical support and required leased access programmers  S- xto reimburse operators for the reasonable cost of any technical services provided.@ yO-ԍ47 C.F.R. 76.971(c).@ In this case, Warner  xCable initially informed Meazell that it needed time to develop a cost model for premium and payper xview billing and collection services and that it would explore the possibility of utilizing the services of a thirdparty provider, but then determined that Warner Cable would provide the services itself.  S- ` x11.` ` Warner Cable informed Meazell of its intention to find a thirdparty provider on August  x21, 1995 and on November 13, 1995, notified Meazell that Warner Cable would provide billing and  x.collection services and provided information on its fees for technical support services. Despite the time  xperiod from when Warner Cable initiated its search for a thirdparty provider to its decision to provide  xthe services itself, the record as a whole does not support a finding that Warner Cable attempted to avoid  S - xits obligation to provide leased access channel capacity to Meazell. X {O- xԍSee Advantage Video at  8, 9 (negotiations and processing of a leased access agreement took at least three months to complete). The record indicates that during this  x=period there was confusion regarding Meazell's continued interest in leased access. In the November 13,  x1995 letter Meazell received the information that he had requested concerning support services as well as  S -a statement from Warner Cable that it was prepared to continue the negotiations process.  S - Refund and Sanctions  S0-  S- ` x12.` ` Since Warner Cable has provided the information requested and has indicated its  xwillingness to continue negotiations, Meazell's petition, with a few exceptions, has been satisfied. The  x[exceptions are Meazell's request that the Commission direct Warner Cable to issue refunds and to file its  x>leased access rates with the Commission. With respect to Meazell's request that Warner Cable issue  xrefunds, the record indicates that Meazell never paid any leased access fees to Warner Cable. Thus, no  xrefund is due. We also note that leased access rates must now be calculated under the new rules in the  S- xMSecond Order. Finally, there is no requirement that Warner Cable file its leased access rates with the  xCommission. It is required to maintain, for Commission inspection, sufficient supporting documentation  S- xzto justify its leased access rates.J {O-ԍSee 47 C.F.R. 76.970(e).J In light of the foregoing, we will deny Meazell's petition. We thus need not address the issue of sanctions. "zD,>(>(II"  S-1 ORDERING CLAUSES ă  S- ` ^x13.` ` Accordingly, IT IS ORDERED that the petition filed by Daniel A. Meazell (CSR4619L)  xagainst Time Warner Entertainment Advanced/Newhouse Co., d/b/a/ Warner Cable, pursuant to Section  S`-76.970 of the Commission's rules then in effect, 47 C.F.R. 76.970 IS DENIED.  S- ` Px 14.` ` This action is taken pursuant to authority delegated by section 0.321 of the Commission's rules, 47 C.F.R. 0.321. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMeredith J. Jones x` `  hhChief, Cable Services Bureau