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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

                                  
 In the Matter of                )
Petition for Special Relief of  )
                                )
UNITED BROADCASTING CORPORATION )
d/b/a/ TELEMIAMI,               )
     Petitioner,                )
                                )
  vs.                             )CSR 4261-L
                                )
RIFKIN/NARRAGANSSETT SOUTH FLORIDA)
CATV LIMITED PARTNERSHIP, d/b/a )
GOLD COAST CABLEVISION,         )
     Respondent,                )
                                )
For Leased Access Channels      )


                  MEMORANDUM OPINION AND ORDER

      Adopted:  July 29, 1997Released:  August 1, 1997

By the Chief, Cable Services Bureau:

                           INTRODUCTION

      1.On May 31, 1994, United Broadcasting Corporation, d/b/a TELEMIAMI (herein
"Telemiami"), filed a Petition for Special Relief pursuant to Sections 76.7 and 76.795 of the Federal
Communications Commission's rules against Rifkin/Narraganssett South Florida CATV Limited Partnership,
d/b/a Gold Coast Cablevision ("Gold Coast"), alleging that rates applicable to commercial leased access
channels proposed by Gold Coast were in violation of the Commission's commercial leased access rules. 
On June 30, Gold Coast filed an Answer to Petition for Special Relief, denying the alleged violations of the
Commission's rules and requesting denial of the petition.

                            BACKGROUND

      2.In 1984, Congress amended the Communications Act of 1934 by adding among other things
a commercial leased access requirement, pursuant to which cable operators with 36 or more activated
channels must set aside part of their channel capacity for use by video programmers that are not affiliated
with them.  The Cable Television Consumer Protection and Competition Act of 1992 (the "1992 Cable Act")
revisited the leased access requirement and directed the Commission to establish rules for determining
maximum reasonable rates for, and reasonable terms and conditions for the use of, commercial leased access
channels.  Pursuant to that Congressional directive, the Commission, in Implementation of Sections of the
Cable Television Consumer Protection and Competition Act of 1992; Rate Regulation, MM Docket 92-266,
8 FCC Rcd 5631, 5956-5961 (1993) (Rate Order), established regulations for determining maximum
reasonable rates applicable to leased access channels.  These initial regulations directed cable operators to
develop maximum reasonable leased access rates using a "highest implicit fee" formula.  The Commission's
initial leased access regulations incorporating the highest implicit fee formula for calculating rates for leased
access channels were in force when Telemiami filed the petition for special relief.

      3.In United Broadcasting Corporation d/b/a Telemiami v. Rifkin/Narraganssett South Florida
CATV Limited Partnership, d/b/a Gold Coast Cablevision, 9 FCC Rcd 3651 (CSB 1994) ("Waiver Order"),
a waiver of 47 C.F.R.  76.975(h) was granted, which permitted Telemiami to pay a rate of $5,300 per month
for leased access service, in lieu of Gold Coast's proposed rate developed using the highest implicit fee
formula incorporated in the Commission's initial leased access regulations.

      4.The Commission subsequently revisited the leased access regulations in Implementation of
Sections of the Cable Television Consumer Protection and Competition Act of 1992, Leased Commercial
Access, Second Report and Order and Second Order on Reconsideration of the First Report and Order, CS
Docket 96-90, 11 FCC Rcd 16933 (1996) ("Second Report").  In the Second Report, the Commission, among
other things, identified problems with the highest implicit fee formula based on comments of interested
parties and replaced that formula with an "average implicit fee" formula. This average implicit fee formula
currently applies to the development of rates for leased access channels, such as that provided by Gold Coast
to Telemiami.

                     DISCUSSION AND ANALYSIS

      5.A brief discussion of the issues raised in Telemiami's petition for special relief is set forth
in the Waiver Order and need not be repeated here.  In essence, the petition raised objections to leased
access rates developed by Gold Coast under the Commission's highest implicit fee formula adopted in the
Rate Order.  However, the Waiver Order permitted Telemiami to pay a rate of $5,300 per month, in lieu of
Gold Coast's leased access rates developed under the highest implicit fee formula.  Hence, Telemiami is not
now paying, and never has paid, Gold Coast's rates that are the subject of the petition for special relief. 
Moreover, because the Commission's average implicit fee formula adopted in the Second Report now applies
to any rates for leased access channels Gold Coast may develop in the future, Telemiami will never be faced
with paying Gold Coast's rates that were the subject of the petition for special relief.  For these reasons, the
objections to Gold Coast's leased access rates raised in Telemiami's petition for special relief are moot and
need not be addressed by the Commission.  Accordingly, Telemiami petition for special relief will be
dismissed.

      6.We also observe that the Waiver Order granted Telemiami relief from paying Gold Coast's
proposed leased access rates "pending resolution of the underlying petition for special relief."  Accordingly,
since Telemiami's petition for special relief is being dismissed by this Order, the waiver of Section 76.975(h)
granted in the Waiver Order will be terminated effective thirty days from the provision by Gold Coast to
Telemiami of the schedule of rates required below.  Further, with the termination by this Order of the waiver
of Section 76.975(h), the issues raised in Gold Coast's Application for Review of the grant of waiver and in
related pleadings are also rendered moot and need not be addressed.  In view of the termination of the waiver
of Section 76.975(h) ordered herein, we will require Gold Coast to provide Telemiami, within fifteen days
of the release date of this order, a schedule of rates for leased access that are consistent with the requirements
of Section 76.970 of the Commission's rules. The dispute resolution procedures provided in Section 76.975
of the Commission's rules are available in the event the schedule of rates submitted by Gold Coast should
fail to comply with the requirements of our rules.
 
                         ORDERING CLAUSES

      7.Accordingly, IT IS ORDERED that the Petition for Special Relief of United Broadcasting
Corporation d/b/a Telemiami IS DISMISSED as moot.

      8.IT IS FURTHER ORDERED that Rifkin/Narraganssett South Florida CATV Limited
Partnership, d/b/a Gold Coast Cablevision shall, within fifteen days of the release date of this order, provide
to United Broadcasting Corporation d/b/a Telemiami a schedule of rates for leased access that are consistent
with the requirements of Section 76.970 of the Commission's rules.

      9.IT IS FURTHER ORDERED that the waiver of Section 76.975(h) of the rules issued in
United Broadcasting Corporation d/b/a Telemiami v. Rifkin/Narraganssett South Florida CATV Limited
Partnership, d/b/a Gold Coast Cablevision, 9 FCC Rcd 3651 (CSB 1994), IS TERMINATED effective
thirty (30) days from the provision by Rifkin/Narraganssett South Florida CATV Limited Partnership, d/b/a
Gold Coast Cablevision to United Broadcasting Corporation d/b/a Telemiami of the schedule of rates
required by paragraph 8, above.

      10. IT IS FURTHER ORDERED that the Request for Emergency Stay and the Application
for Review of Rifkin/Narraganssett South Florida CATV Limited Partnership, d/b/a Gold Coast Cablevision
IS DISMISSED as moot.

      11.This action is taken pursuant to authority delegated by Section 0.321 of the Commission's
rules, 47 C.F.R.  0.321.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Meredith J. Jones
                         Chief, Cable Services Bureau