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Then on March 5, 1997,  xSmith sent Moore a letter reminding him of their conversation. In response to Smith's letter to Moore,  xMarcus Cathey ("Cathey"), TCI's Director of New Business Development, sent Smith by letter dated  x.March 14, 1997 a copy of TCI's rates; however, the rates transmitted in the March 14, 1997 letter were  x0not based on the new formula. Smith renewed his request again by a certified letter to Cathey on  xMarch18, 1997, to which Cathey responded in writing on April 1, 1997 that the new rate calculations had  xMnot been completed, that the new rates would be calculated sometime in May and that he would mail  xSmith the "new rates as soon as they come in." Smith called Cathey at the end of May to remind him  S- x=to send the new rates, but Cathey never sent them.7  yO-ԍComplaint at 1.7 Smith filed his complaint on June 25, 1997, but did  xnot serve TCI until sometime after July 20, 1997, the date on his certificate of service filed with the Commission.  SD- ` _x4.` ` In its response, TCI does not deny that Smith spoke to Cathey by telephone at the end of  xMay, but instead asserts that "Mr. Smith never formally requested the Company's requested rates after  S- xMay 12, 1997, the effective date of the average implicit formula."S  yO. -ԍResponse at 4; Cathey Affidavit at para. 6.S Cathey was the appropriate person  x{to whom Smith should have requested rate information as Cathey asserts in his affidavit that he is  x"responsible for all matters concerning commercial leased access" in his capacity as TCI's Director of New  S|- xBusiness Development.D |*  yOF$-ԍCathey Affidavit at para. 1.D TCI asserts that prior to May, it had not calculated the average implicit rates"| 0*%%II"  S- xand therefore could not provide them to Smith.6  yOh-ԍResponse at 3.6 By letter dated April 1, 1997, Cathey offered to provide  xSmith with the new rates when they were calculated, but after one month passed, Cathey, TCI states, forgot to send them.  S`- ` x5.` ` TCI asserts that Section 76.970(h) of our rules requires responses to "written" requests for  S8- xinformation within 15 days of the date the request is made.? 8X yO0-ԍResponse at 4 n.6? TCI further asserts that under the current  xrules, "requests for [commercial leased access] information must be in writing" and that the rules do not  S- xrequire a response to an oral request for information.f  {Op -ԍId. at 3 n.4 (citing 47 C.F.R.  76.970(h)(4)).f TCI asserts that the first time it received a written  xrequest for rate information after the effective date of the amendments to the leased access rules, when  xthe new formula would be effective, was when it received Smith's complaint, which was dated Sunday,  xJuly 20, 1997. The Commission received its service copy on July 31, 1997. TCI states that Cathey was  x/out of the office July 21 to July 25, but promptly sent Smith the leased access rates by letters dated  S - xAugust 4, 1997 and August 6, 1997, presumably within 15 days after TCI received the complaint.7 z {O:-ԍId. at 4.7  xAccordingly, TCI states that if the Commission treats the complaint as a request, TCI is in compliance  S -with the Commission rules.6  yO|-ԍResponse at 4.6  S - III.xDiscussion  S0- ` x6.` ` Based on the facts presented in the pleadings, we find that it is undisputed that Smith  xmade a telephone request to Cathey in late May for TCI's average implicit rates and that Cathey earlier  xhad promised to send Smith the rates by letter dated April 1, 1997. Cathey does not contradict Smith's  xkstatement that Smith telephoned him in late May, but rather states that Smith did not make a "formal  xrequest." Moreover, Smith had requested the rates on three prior occasions by one telephone call and two letters. Cathey was aware of the two letters because he responded to both of them.  S- ` x7.` ` We disagree with TCI that requests for leased access information must be in writing  xbecause the first sentence of paragraph (h) which addresses requests for four different types of leased access information, including rate information, is silent on the issue. Paragraph (h) reads:  ` 3XxX` ` Cable system operators shall provide prospective leased access programmers with the  ` following information within 15 days of the date on which a request for leased access information is made: . . .(#` "0*%%IIk"Ԍ pXxX` ` X (2) a complete schedule of the operator's fulltime and parttime leased access  S-rates. . . .D yO@-ԍ47 C.F.R.  76.970(h)(2).D(#  xThus, paragraph (h) does not require that requests for information be in writing. This point is further  S`- xilluminated later in paragraph (h) which, in contrast to requests for leased access information, explicitly  S8-requires that requests for leased access be made in writing:  ` PXxX` ` All requests for leased access must be made in writing and must specify the date on which  S-the request was sent to the operator.CX yO -ԍ47 C.F.R.  76.790(h). C(#`  xMoreover, the different purposes of the two requests provide further guidance why one requires a written  xjrequest and the other does not. The first addresses requests by prospective leased access providers who  xare merely seeking preliminary information so that they might decide whether to request leased access.  xZThe second addresses the actual request for leased access, which appropriately deserves a written document  xto begin the process for obtaining leased access. Indeed, paragraph (h) sets forth in detail four information  S -requirements that a bona fide written leased access request must contain.x  yO0-ԍParagraph (h) provides:   XxBona fide requests, as used in this section, are defined as requests from potential leased access programmers   \that have provided the following information: (1) the desired length of a contract term; (2) the time slot desired; (3) the anticipated commencement date for carriage; and (4) the nature of the programming.(# 47 C.F.R.  76.970(h).  SX- ` x8.` ` Because a request for information under Section 76.970(h) does not have a writing  x requirement, we find that Smith made a valid request for information under that paragraph for leased  xNaccess rates when he telephoned Cathey in late May. Smith also established that he spoke to the  xappropriate person, Cathey, to make a request for leased access rates because Cathey was "responsible for  S- xkall matters concerning commercial leased access"D(  yO-ԍCathey Affidavit at para. 1.D and accordingly should have forwarded the rates to  xSmith within 15 days of Smith's request. Moreover, even if Cathey were not the appropriate person to  xprocess the request, there should be at least one person in the cable company's office who is capable of  xcomplying with such requests as required by our rules and that person should be identified to prospective leased access callers. " 0*%%II"Ԍ S- ` x9.` ` TCI did not respond to Smith's late May, 1997, request for rates until August 4 and  xAugust 6, 1997. Because the TCI responses were clearly not made within 15 days of Smith's request, TCI  S-violated the 15 day requirement of Section 76.970(h) of our rules.A yO-ԍ47 C.F.R.  76.970(h).A  S`- ` x 10.` ` Nevertheless, because this is the first proceeding in which we have had the opportunity  xto decide whether an oral request for information triggers a cable operator's obligation to respond within  x15 days under Section 76.970(h), we will not commence an enforcement action against TCI for violating  xparagraph (h). However, we caution cable operators that in the future we will take enforcement action  xto ensure that they respond within 15 days to requests for information, oral or written, made pursuant to paragraph (h).  SH - ` `x 11.` ` With regard to Smith's complaint, even though TCI violated our rules, because TCI has provided Smith with its leased access rates, Smith's request for relief is moot.  S - IV.xOrdering Clauses  S -x 12.` ` IT IS ORDERED that Smith's complaint is DISMISSED as moot.  S0- ` _x  13. ` ` 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` `  hhWilliam H. Johnson x` `  hhDeputy Chief, Cable Services Bureau