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The Commission recognized that "a   prospective video programming provider can reasonably be expected to need additional information  S-  concerning the system to assess whether to seek carriage on the system."\("έ yO -ԍSecond Report and Order, 11 FCC Rcd. at 18255.\ Only information that the   ]Commission believes is necessary to make an "informed" enrollment decision need be provided to   prospective programming providers.      Sp-  17.` ` As part of its request for information, Time Warner requested that RCN provide it with:   (1) a route map showing the exact location of any current RCN open video system facilities; (2) the   number of potential subscribers passed by existing RCN open video system facilities; (3) a route map   showing all anticipated construction, with projected dates for activation of each phase of construction; (4)   potential subscribers to be passed in each phase of construction; and (5) a list of programming which RCN  S -  intends to offer on the 110 channels it has reserved for itself.) έ yO-  xԍTime Warner Complaint Exhibit C, Letter from Carol A. Hevey, Division President, Time Warner to Scott Burnside, RCN (Apr. 16, 1997); RCN Answer at 2324. RCN challenges the scope of Time  S -  Warner's request.<* έ yO*-ԍRCN Answer at 2324.< Time Warner responds that its requested information tracks Section 76.1503(b)(2) and  SX-is of the type contemplated by the Commission.A+Xέ yO-ԍTime Warner Reply at 57.A  S-  18.` ` Section 76.1503(b) attempts to strike a balance between an open video system operator's   need to protect arguably proprietary information and a prospective programming provider's need to obtain   >information necessary to make a carriage request. The Commission recognized that "the competitive   ?position of an open video system operator should not be compromised by the required release of  Sh-  information unnecessary to make an informed enrollment decision,"b,h* έ yO2-ԍSecond Report and Order, 11 FCC Rcd. at 18255.b and expressly rejected a proposal  S@-that open video system operators disclose their construction plans.L-Z@ έ {O!-  ԍId. at 18255 n.130 ("We believe this [disclosure of construction plans] could unnecessarily risk the disclosure   of confidential business plans and that the projected activation date should be sufficient for the purposes of video programming providers.").L  S-  319.` ` As a prospective programming provider, Time Warner is entitled to know which areas   within a community RCN is serving and is projected to serve, if it is activating its open video system in" -,&&$"  S-  {stages, and when it anticipates offering service to areas that fall under different activation stages.E.έ yOh-ԍ47 C.F.R.  76.1503(b)(2).E   Information regarding actual and projected service areas and activation dates comports with Section   76.1503(b)(2), is not commercially sensitive, and is necessary for a programming provider to decide   whether to pursue carriage on an open video system. We direct RCN to provide this information to Time  S`-  Warner as required by the Commission's rules within five days of release of this order./`Xέ yOX-  ԍShould it so desire, RCN may request Time Warner to sign a confidentiality agreement with respect to the information provided. We think that   a map showing RCN's current and projected fiber paths, specific construction schedules (beyond mere   open video system stage activation), and lists of RCN open video programming fall outside of the purview   .of the categories set forth in Section 76.1503(b)(2). RCN is not obligated to provide this information to Time Warner or any other prospective programming provider.  Sp-  Q20.` ` Time Warner also seeks the number of potential subscribers within RCN's existing and   .projected service area. The number of potential subscribers that an open video system seeks to serve in   the future is commercially sensitive. RCN is not obligated to provide information relating to potential   subscribers in existing and currently unserved areas. Providing Time Warner with the actual and projected   =service areas should suffice. Time Warner, and other potential programming providers, are as capable as   RCN of calculating the number of potential subscribers in those areas. To the extent that RCN has   [provided information to any other prospective programming provider beyond that ordered herein or that Time Warner has not expressly requested, we direct RCN to provide such information to Time Warner.  S- ` ` C. Revocation of RCN's Certification  S-  #21.` ` Time Warner urges us to revoke RCN's open video system certification because RCN has   no intention of providing open video system service as described in its open video system certification   application and Notice of Intent, and is merely using its open video system certification as leverage to  S@-  =obtain cable franchises, or to forestall competition.0@έ yO-ԍTime Warner Complaint at 1013, 2128; Time Warner Reply at 1316, 2324, 26, 3638, 4243. In support of its contentions, Time Warner points   Lto comments made by RCN officials to local authorities regarding its decision to reduce channel capacity  S-  from 330 to 110 channels and its prospects of pursuing cable franchises.j1@έ yO-ԍTime Warner Complaint at 2227; Time Warner Reply at 3233, 3538.j When questioned at an open   meeting of local officials regarding whether RCN's 110 channel open video system would be able to   accommodate other programming providers besides RCN's affiliate, the Vice President and General   MManager of RCN answered:"Well, because to be very frank with you, we're carrying 110 channels.  SP-  \We lack the ability."2Pέ {O"-  YԍTime Warner Complaint at 23; id., Exhibit P at 19 (Testimony before the Board of Selectmen of the Town of Sudbury, Massachusetts). In addition, when questioned what RCN would do if a potential programming   provider, such as Cablevision, requested 150 channels of capacity on RCN's open video system, a   consultant retained by RCN responded: "We wouldn't build it. We just wouldn't do an [open video" * 2,&&k"  S-  system] if that was the case, because we wouldn't be able to compete."X3έ {Oh-ԍId. at 23; id., Exhibit P at 3536. X RCN responds to Time Warner's   allegation by stating that less than anticipated carriage demand and financial considerations have dampened  S-its initial buildout projections.C4Zέ yO-ԍRCN Answer at 2628, 2932.C  S`-  22.` ` Our order today is intended to clarify the scope of an open video system service area as   -it pertains to competing, inregion cable operators and the information an open video system operator must   [provide to prospective programming providers. In this circumstance, RCN's mistaken interpretation of a   jCommission rule is not grounds for revocation of its open video system certification. While we question   certain of RCN's statements to the Town of Sudbury Selectmen, the record is not adequately developed   .to address Time Warner's allegations that RCN does not intend to offer open video system service in its   intended service area. Should further evidence be submitted to the Commission, we will revisit this issue.  SH -At this time we will not revoke RCN's open video system certification.5H έ yO-  ԍSecond Report and Order, 11 FCC Rcd. at 18245 ("We will require other information, if necessary, to determine compliance with the Commission's rules.").  S -IV.ORDERING CLAUSES  S -  23.` ` Accordingly, IT IS ORDERED that Time Warner Cable's Open Video System Complaint  S -  xagainst RCNBeCoCom, L.L.C. IS GRANTED as described in this Memorandum Opinion and Order, and in all other respects denied.  S-  24.` ` IT IS FURTHER ORDERED that RCNBeCoCom, L.L.C. furnish to Time Warner Cable  S-  =the Section 76.1503(b)(2) open video system information as further described herein within five days of   the release of this Memorandum Opinion and Order. Should it contest any aspect of this order, RCN S-  .BeCoCom, L.L.C. must, within the same fiveday period, notify Time Warner and the Commission that  Sh-it intends to seek review of this order.K6hBέ yOJ-ԍ 47 C.F.R.  76.1503(b)(2).K   S-  o25.` ` This action is taken pursuant to authority delegated under  0.321 of the Commission's  S-rules, as amended.=7έ yOb-ԍ47 C.F.R.  0.321.= ` `  hh,FEDERAL COMMUNICATIONS COMMISSION   ` `  hh,John E. Logan,  S-` `  hh,Acting Chief, Cable Services Bureau#Xj\  P6G;ynXP#