******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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: John Broyles d/b/a United International Broadcasting Network v. InterMedia Request for Injunction ) ) ) ) ) ) ) ) ) ) ORDER Adopted: January 31, 2001 Released: January 31, 2001 By the Deputy Chief, Cable Services Bureau: I. introduction 1. John Broyles d/b/a United International Broadcasting Network ("Broyles") has filed a letter dated January 19, 2001 requesting an injunction against InterMedia ("InterMedia"). We deny the request for injunction. 2. Broyles seeks an injunction to prohibit an interruption of his commercial leased access programming on InterMedia's cable system in Franklin County, Tennessee, on February 1, 2001. In support of the request, Broyles asserts that recent negotiations with InterMedia to remove their requirement for proof of insurance have been unsuccessful. Broyles submitted a copy of a letter from InterMedia's Regional Director, dated January 17, 2001, indicating that a Leased Access Agreement had been sent to Broyles for signature and stating that if the signed agreement and proof of insurance is not returned by February 1, 2001, InterMedia will discontinue cablecasting Broyles' leased access programming on that date. Broyles contends that insurance is not required to protect InterMedia from potential liability arising from carriage of his programming, arguing that InterMedia will not incur potential liability because of the small number of subscribers exposed to his programming. Broyles also contends that the cost of the required insurance is excessive. 3. We have previously considered and rejected Broyles' contentions that InterMedia may not require insurance to protect InterMedia from potential liability arising from carriage of Broyles' programming. Broyles has presented nothing with the current request indicating that a different result is required or that InterMedia's insurance requirement is unreasonable or in violation of the Commission's leased access rules. IV. ordering clauses 5. Accordingly, IT IS HEREBY ORDERED that the request for injunction filed by John Broyles d/b/a United International Broadcasting Network on January 19, 2001 IS DENIED. 6. This action is taken under delegated authority pursuant to the provisions of Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau