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

In the Matter of:                            )
                                        )
Lorilei Communications, Inc.                      )
d/b/a The Firm                               )
                                        )
v.                                      )    CSR 5400-L
                                        )
Heritage Cablevision of California, Inc.                    )
d/b/a TCI of California                           )
                                        )
Petition for Reconsideration                      )
                                     

                  MEMORANDUM OPINION AND ORDER

        Adopted:  February 14, 2000            Released:  February 15, 2000

By the Deputy Chief, Cable Services Bureau:

I.   introduction
  1.      Lorilei Communications, Inc.  d/b/a The Firm  ("The Firm") filed a petition for reconsideration of Lorilei Communications, Inc.
  d/b/a The Firm v. Heritage Cablevision of California, Inc. d/b/a TCI of California, (the "Bureau Order"). Heritage Cablevision of California, Inc d/b/a TCI of California
  ("TCI") filed a response requesting dismissal of the petition.
II.     discussion and analysis
  3.      The Bureau Order denied a petition filed by The Firm alleging that TCI had violated provisions of the Commission's commercial leased access rules.
  The facts, applicable law, arguments of the parties, and a detailed analysis of those matters are set forth in the Bureau Order and need not be repeated here.  We find the
  analysis in the Bureau Order regarding the reasonableness of TCI's requirement for a clause in an insurance certificate assuring notice of policy cancellation, The Firm's
  failure to provide such an an insurance certificate, and The Firm's responsibility for its programming not being aired on certain requested dates to be fully supported by
  substantial evidence of record.  The findings and conclusions of the Bureau Order are based on that analysis and are fully consistent with the Commission's regulation
  relating to commercial leased access services.  We also find the Bureau Order's conclusion that TCI's $20 per hour VCR fee is reasonably related to costs to be consistent
  with Section 76.971 of the Commission's rules.
  4.      The Firm's petition for reconsideration presents no new factual information or other evidentiary matter not previously raised.  Rather than presenting factual
  information not previously considered, the petition merely presents arguments which manifest The Firm's disagreement with the findings and conclusions of the Bureau Order based
  on the factual record previously considered.  Those arguments, which are not supported by new evidence, fail to persuade us that our underlying decisions in the Bureau Order
  were in error.
V. ordering clauses
  6.      Accordingly, IT IS ORDERED, pursuant to authority delegated by Section 0.321 of the Commission's rules, that the petition for reconsideration filed
  by Lorilei Communications, Inc. d/b/a The Firm in File No. 5400-L IS DISMISSED.

                         FEDERAL COMMUNICATIONS COMMISSION

                         William H. Johnson, Deputy Chief                       
                    Cable Services Bureau