******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) Petition for Relief of ) ) LIMELIGHT MEDIA, INC., ) Petitioner, ) ) vs. ) CSR 5023-L ) CABLE TV MONTGOMERY ) Respondent, ) MEMORANDUM OPINION AND ORDER Adopted: August 20, 1997 Released: August 28, 1997 By the Chief, Cable Services Bureau: 1. Limelight Media, Inc., (herein "Limelight") filed a petition for relief pursuant to Section 76.975 of the rules of the Federal Communications Commission alleging that Cable TV Montgomery (herein "Montgomery") had failed to make a leased access channel available for carriage of proposed programming consisting of two half hour time slots per week, despite repeated requests for such availability for almost a year, in violation of the Commission's commercial leased access rules. Montgomery filed a response in which it is shown that Montgomery has provided Limelight, by letter dated July 3, 1997, with a proposed Channel Lease Agreement, a Channel Lease Application form, a current rate card, and a current channel line- up card. It therefore appears that Limelight's petition has been satisfied. 2. Montgomery also states that it recently shifted authority for operations to a new management company, which had not received guidance until recently concerning the handling of inquiries about leased access services. It represents that the oversights with respect to leased access obligations occurring in its Sales and Promotions department have been corrected. In view of those representations and since the Commission recently modified the provision of its rules concerning responses by cable operators to requests for leased access services and information, we do not believe that any administrative sanctions are appropriate in this case. We note, however, that the Commission has clearly described the requirements for responding to requests for leased access information, including a response period of 15 days from the date of a written request for leased access services or information. In adopting this requirement the Commission recognized the importance of prompt disclosure of required leased information and emphasized its expectation that cable operators will respond to all leased access requests in a complete and timely manner. See Second Report and Order and Second Order on Reconsideration of the First Report and Order in CS Docket No. 96-90 ("Second Order"). Accordingly, we caution cable operators that future failures to provide requested leased access information in a complete and timely manner as required by Section 76.970(h) may result in issuance of a notice of apparent liability for forfeiture pursuant to the provisions of 47 C.F.R.  1.80. 3. Accordingly, IT IS ORDERED, pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the petition for relief of Limelight Media, Inc. in File No. CSR 5023-L IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau