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In its 1993 Report and Order and Further Notice of Proposed Rule Making ("Rate  S"- x\Order"),>"r yO(-ԍ8 FCC Rcd 5631 (1993).> the Commission adopted new rules for leased access addressing maximum reasonable rates,""B,))II'$"  xreasonable terms and conditions of use, minority and educational programming, and procedures for  S- x[resolution of disputes.i t {O@-ԍSee 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995).i The Commission recently modified some of its leased access rules in the Second  S-Report and Order and Second Order on Reconsideration of the First Report and Order ("Second Order").!Z t {O- xYԍ12 FCC Rcd 5267 (1997). See also Order on Reconsideration of the First Report and Order and Further Notice  {Ov-of Proposed Rulemaking in MM Docket No. 92266 and CS Docket No. 9660, 11 FCC Rcd 16933 (1996).!  Sd- PETITIONER'S ALLEGATIONS ă  S- ` x3.` ` Cherish contends that Range is in violation of the Commission's commercial leased rules  xfor failing to provide, in response to written request, information regarding commercial leased access  xchannels needed for presenting its video programming productions. Cherish states that Range was  x/requested to provide its complete schedule of full time and part time leased access rates, its available  xleased access set aside channel capacity, its rates associated with technical and studio costs, and its sample  SL - xleased access contract, consistent with the requirements of Section 76.970 (h) of the Commission's rules.L  t {O-ԍSee Second Report, Appendix D, Section 76.970(h). See also, petition, Exhibit 3 (letter dated July 11, 1997).  xCherish asserts that Range's response indicated that a cable connection to its cable system headend would  xbe very expensive because of costs for administration and engineering the system; quoted a monthly  xchannel rate of $3,894.80; identified several other requirements necessary to accommodate the use of video  S - xtapes rather than a cable connection; and invited Cherish to reconsider its request.Y H t yO-ԍPetition, Exhibit 4 (letter dated July 18, 1997).Y Cherish contends that  xRange failed to provide the requested rates for part time leased access channel capacity, rates for technical  xor studio costs, available channel capacity information, or a sample leased access contract. Cherish  xcontends further that the rates for full time channel capacity provided by Range "are not in accordance  S -with the FCC guidelines pertaining to fee schedules for leased access."T  t yO-ԍPetition, p. 3 (letter dated July 11, 1997).T  S- ` x4.` ` Cherish states it informed Range of questions regarding the accuracy of the monthly rate  xquoted; provided Range with its own determination of full time rates for a leased access channel placed  Sl- xMon the cable system's basic tier and on the basicplus tier; lh t {Ot- x<ԍCherish developed these leased access rates using a rate calculation guide provided to it by a third party. See petition, Exhibits 9 & 10. reiterated the request for part time service  x=rates; requested leased access time from 8:00 a.m. to 10:00 p.m. seven days per week; and indicated that  S-Cherish was ready to move forward with the project as soon as possible.Z  t yO~"-ԍPetition, Exhibit 9 (letter dated August 4, 1997).Z  S- ` x5.` ` Cherish states further that Range subsequently indicated it would take from three to six  xmonths to provide the requested leased access channels, due to a required system upgrade completion,  S|- x[despite earlier indications that channels were currently available.[ |R t yOn'-ԍPetition, Exhibit 13 (letter dated August 8, 1997).[ After further discussions between the"| ,>(>(II"  xparties about whether the leased access channel could be accommodated on a public access channel and  S- xabout guidance provided in the Commission's Second Report for calculating leased access rates,L t {O@-ԍSee Second Report, Appendix C.L Range  xprovided Cherish with new rates of $4,630.61 per month for 10 hours per day of air time and of  x$11,113.47 per month for 24 hours per day, plus unspecified "extra engineering, administrative and  Sb-equipment costs," and a $2,500 one time headend equipment charge.\ bZ t yO\-ԍPetition, Exhibit 15 (letter dated August 12, 1997).\  S- ` 5x6.` ` Cherish contends that the new air time rates also do not comply with the FCC  S- xkguidelines.T t yOt -ԍPetition, p. 3 (letter dated July 11, 1997).T Cherish contends further that Range shows by its conduct a desire not to provide leased  xaccess channels, and has unreasonably delayed the provision of the requested leased access channels in  xorder to take unfair advantage by distributing its own programming that is identical to programming listed  xon program schedules Cherish provided to Range shortly after discussions of leased access channels were  xinitiated. Cherish asserts that Range still has not provided any part time rates. Cherish asks the  xCommission to calculate the correct rates, alleging that Range appears unable to do so. Cherish makes  xa claim for financial losses stemming from the delays in provision of channels and for reimbursement of  xexpenses associated with its pursuit of leased access channel capacity and with filing the petition with the  xCommission. Finally, Cherish requests issuance of cease and desist orders and assessment of monetary  xpenalties against Range, with such penalties being paid directly to Cherish as compensation for the alleged damages. As noted previously, no response to the allegations of the petition has been filed.  S -  DISCUSSION AND ANALYSIS ă  S- A. Provision of Requested Leased Access Channel Information  Sj- ` Bx7. ` ` Section 76.970(e) of our rules initially required that cable operators provide a schedule  SB- xof rates "[u]pon request" to prospective leased access programmers.GBz t yO\-ԍ47 C.F.R. 76.970(e) (1995).G In its Second Report and Order,  S- xthe Commission, recognizing the importance of prompt disclosure of leased access information and  S- x=concluding that a reasonable response time was justified,P  t {O-ԍSecond Report and Order,  129.P modified its rules to set a fifteen calendar day  xresponse time from the date that a request for leased access information is made to the cable operator.  xThe Commission also modified the rules to specify that a cable operator is required to provide, in response  xto a written request from a leased access programmer: information regarding leased access setaside  xLcapacity, rate schedules, rates associated with technical and studio costs, and, if specifically requested, a  xsample leased access contract pursuant to the request of prospective leases access programmers such as  S-Cherish.~ t {O@%-ЍSecond Report and Order, Appendix D, Revised Rules, Section 76.970(h).~ ". ,>(>(II["Ԍ S- ` x8.` ` We find that Range failed to comply fully with the requirements of Section 76.970(h) of  xour rules. Cherish made a written request for a complete schedule of full time and part time leased access  xrates, its available leased access set aside channel capacity, its rates associated with technical and studio  xjcosts, and its sample leased access contract, consistent with the requirements of Section 76.970(h) of the  S`- xCommission's rules on July 11, 1997.` t {O-ԍSee Second Report, Appendix D, Section 76.970(h). See also, petition, Exhibit 3 (letter dated July 11, 1997). By letter dated July 18, 1997, Range informed Cherish of a  S8- x="leasing fee of aprox. 3,894.80 per month"(sic).<8Z t yO2-ԍPetition, Exhibit 4.< Although this initial response by Range to the written  xrequest of Cherish was well within the fifteen calendar day response time specified in the rule, that  xresponse included only a rate that applied to full time service. None of the other requested information,  x[including part time leased access rates, available leased access set aside channel capacity, rates associated  x=with technical and studio costs, or a sample leased access contract, was provided, as required by Section  x76.970(h) of our rules. Subsequently, following other exchanges between the parties, Range, on August  x12, 1997, provided a new monthly rate of $4,630.61 for 10 hours of service per day and a new monthly  S - xrate of $11,113.47 for 24 hours per day.=  t yO-ԍPetition, Exhibit 15.= Again, Range failed to provide part time leased access rates,  xavailable leased access set aside channel capacity, rates associated with technical and studio costs, or a  xsample leased access contract, as required by Section 76.970(h) of our rules. In view of this failure, Range will be directed to comply fully with this requirement promptly upon release of this order.  SX- B. Leased Access Dispute Resolution Procedure; Rates  S- ` ox9.` ` Cherish disputes an assertion made by Range in an August 12, 1997 letter that the new  S- xrates are determined in accordance with the modified requirements announced in the Commission's Second  S- xyReport,Lz t {O-ԍSee Second Report, Appendix C.L and asks the Commission to calculate the applicable leased access rates. The dispute resolution  S- xprocedures adopted in the Second Report require that a cable operator's maximum leased access rate be  xzdetermined by an independent accountant prior to the filing of a petition for relief alleging that a cable  xMoperator's leased access rate is unreasonable. In the event that the parties cannot agree on a mutually  xyacceptable accountant, the rules require that the parties each select an independent accountant, who must  S-then select a third independent accountant to perform the review.\  t {O- xԍSee Second Report  103104. Each of these steps is subject to specific time limitations, and the accountant's  {Ol- xireport must signed, dated, certified by the accountant, and maintained in the cable operator's public file. Id., at  106, and at Appendix D, Revised Rules, Section 76.975(b).  S- ` ~x10.` ` The record does not show that these procedures have been followed in this case. More  xparticularly, a determination of Range's maximum leased access rate by an independent accountant was  xnot made prior to the filing of Cherish's petition as required by the Commission's dispute resolution  xyprocedures. The record shows instead that Range submitted the new rates to Cherish, who then filed the  xinstant petition with the Commission, without either party following the dispute resolution procedures required by our rules.  S-"0 ,>(>(II-"Ԍ S- ` ~x11.` ` We reemphasize that full time and part time leased access rates schedules, the amount  x[of available leased access set aside channel capacity, rates associated with technical and studio costs, and  x\a sample leased access contract constitutes information that a potential programmer needs in order to  xzpursue leased access on a particular cable system. Both full time and part time leased access rates are  xyparticularly important to potential leased access programmers for planning purposes. In view of Range's  xfailure to comply fully with Section 76.970(h) by not providing all of the leased access information  S- xrequested by Cherish, pursuant to Section 76.975(f),K t {Ox-ԍSee 47 C.F.R.  76.975(f).K we will require that Range provide to Cherish, at  xno cost to Cherish, a report showing an independent accountant's determination that the full time and part  x time rates proposed by Range have been properly calculated in compliance with the requirements of  S- xSection 76.970 of our rules. Z t yO - xLԍSection 76.975(f) provides for grant of relief "in whole or in part, including, but not limited to ordering  xKrefunds, injunctive measures or forfeitures ..." We believe a forfeiture would be inappropriate in this case, where  xRange is not represented by counsel. However, the requirement that Range provide an accountant at no cost to Cherish is justified by Range's noncompliance with Section 76.970(h) noted above. In the event Cherish finds the accountant selected by Range to be  xunacceptable, then Cherish may follow the procedures set forth in Section 76.975(b)(2) for selecting a  xsecond independent accountant, who together with the accountant selected by Range selects a third  S - xindependent accountant for preparation of the report required by this order. B t {O-ԍSee 47 C.F.R.  76.975(b)(2) and the procedural deadlines established therein. We believe these procedures  xwill expedite the initiation of Cherish's proposed service, which has been unjustifiably delayed by Range's  x[failure to provide to Cherish complete information, including a schedule of part time rates, in compliance with our rules.  SX- C. Prompt Provision of Leased Access Service  S- ` x12.` ` We reject the claim made by Range that it needs three to six months before leased access  S- xcan be provided because of completion of a required system upgrade.= t yOT-ԍPetition, Exhibit 15.= The mandate of Section 612(b)  xMfor the designation and provision of leased access channels is a requirement that is proportionate to a  xsystem's total activated channel capacity. Range failed to provide any information necessary to establish  xithat the statutory setaside requirement does not apply to its cable system either before or after any system  xupgrade that may be under way or planned for the near future. Accordingly, we will require that Range make leased access channel capacity available to Cherish promptly following release of this order.  S- D. Provision of Equipment and Technical Services  Sx- ` x13.` ` The Commission considered the level of technical support that cable operators are required  SP- xto provide in the Rate Order.Pd t {OT$- xЍSee Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992,  {O%-Rate Regulation, MM Docket 92266, 8 FCC Red 5631(1993) (the Rate Order). There the Commission noted that technical cooperation between the cable  xoperator and the leased access programmer is likely to be necessary for the programming to be delivered  xover a cable system The Commission stated that operators will be required to provide programmers with" ,>(>(IIk"  x"the minimal amount of technical support, whether it be equipment, technology or other miscellaneous  S- x0support, which would be necessary for the programmer to present its material on the air."G t yO@-ЍId, at 594142.G The  S- xCommission further explained this requirement by adding that a cable operator must offer to leased access  xprogrammers "the same services as would be offered to comparable programming services that use the  S`-operator's nonleased access channel capacity."M`X t {OX-ЍId, at 5941, n. 1288.M  S- ` x14. ` ` In the Second Report the Commission further clarified these requirements and made it  xclear that the leased access rate determined under Section 76.970 includes the cost of technical support  x\ordinarily provided in common to other programmers. Under this clarification of the requirements of  xkSection 76.971, a cable operator may not impose an additional charge for technical support ordinarily  Sr- xprovided in common to other programmers.VZr t {O - xԍSee Second Report,  114. The Second Report noted that an operator may impose a charge to recover the cost  x,of providing equipment such as a tape recorder or camera, if such equipment would be provided to nonleased access programmers for the same charge.V If an operator must purchase equipment not typically used  xLby nonleased access programmers to accommodate a leased access programmer, the operator may either  xj(1) purchase the equipment for itself and lease it to the programmer at a reasonable rate or (2) require the  S - x[leased access user to purchase the equipment.J  t {O-ԍSee Second Report,  115.J Consequently, Range may impose charges in addition to  x\the charges determined under Section 76.970 for the reasonable cost of other equipment and technical  xxsupport actually provided to Cherish only if that equipment and technical support is not also provided with  xyother nonleased access programming. It is not clear from this record whether Range provides equipment  xor technical services mentioned on this record to other programmers without charge. If that is the case,  xthen such equipment and technical services must be provided to Cherish and other leased access users without charge.  S- E. Request for Monetary Penalties and Other Sanctions  Sj- ` # x15.` ` Finally, Cherish requests compensation for the costs incurred in filing the instant petition  xkand imposition of various other monetary and administrative sanctions against Range. Nothing in the  xCommunications Act of 1934, as amended, provides for recovery of costs associated with the filing of a  x]petition for relief with the Commission for alleged violations of the statutory provisions or of the   {Commission's regulations applicable to leased access channels. Accordingly, Cherish's request for   compensation for expenses associated with its pursuit of service from Range and with filing the instant   petition will be denied. Finally, we decline to impose monetary and administrative sanctions in the instance case, because Cherish failed to establish the need for any such sanctions.  S%X "*,>(>(II{"  S- S%X  1'ORDERING CLAUSES ă  S-  @16. ` ` For the foregoing reasons, IT IS ORDERED pursuant to 47 C.F.R.  76.975(f) that Range   yTelevision Cable Co., Inc. ("Range") shall, within fifteen days from the release date of this order, provide   to Cherish, Incorporated ("Cherish") a complete schedule of full time and part time leased access rates,   .its available leased access set aside channel capacity, its rates associated with technical and studio costs,   and its sample leased access contract, consistent with the requirements of Section 76.970 (h) of the Commission's rules.  S-  P17. ` ` IT IS FURTHER ORDERED , that Range shall, within ten days from the release date   of this order, provide Cherish at no cost a report showing an independent accountant's determination that   the full time and part time rates proposed by Range have been properly calculated in compliance with the requirements of Section 76.970 of our rules.  S -  18.` ` IT IS FURTHER ORDERED , that Range shall promptly, upon request by Cherish, enter   [into arrangements for leased access service with, and commence the provision of leased access service to, Cherish.  S0-  ^19.` ` IT IS FURTHER ORDERED , that the petition for relief of Cherish (a) IS GRANTED  S-  k in part insofar as indicated above and (b) IS DENIED insofar as it requests compensation for costs incurred in bringing this matter before the Commission and other forms of relief.  S-  _20.` ` This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R.  0.321. X` hp x (#%'0*,.8135@8: