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



In the Matter of:

Frank J. Vitale, d/b/a Falcomm Communications

v.

MediaOne of Metropolitan Detroit, Inc.

For Commercial Leased  Access
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CSR 5590-L



                             ORDER

       Adopted:  March 1, 2001                                                       Released:  March 5, 2001

By the Chief, Consumer Protection and Competition Division, Cable Services Bureau:

1.     On August 30, 2000, Frank J. Vitale d/b/a Falcomm Communications ("Falcomm") filed the
above-captioned petition pursuant to Section 76.975 of the Commission's rules, alleging unlawful
discrimination by Comcast Cable Communications, Inc. ("Comcast") in the provision of commercial leased
access service in Detroit, Michigan. Falcomm alleges that Comcast during 1998 and 1999 unlawfully
discriminated against Falcomm by requiring maintenance of insurance policies protecting Comcast from
liabilities arising from carriage of Falcomm's leased access programming, while not requiring similar
insurance protection from other leased access programmers. Falcomm's petition will be dismissed as
untimely filed because it was not filed within the sixty day filing period provided in Section 76.975(d) of
the Commission's rules.
2.     Accordingly, IT IS HEREBY ORDERED, pursuant to authority delegated by Section 0.321
of the Commission's rules that the petition for relief filed by Frank J. Vitale d/b/a Falcomm
Communications in File No. CSR 5590-L IS DENIED.
                              FEDERAL COMMUNICATIONS COMMISSION

                              Deborah Klein, Chief
                              Consumer Protection and Competition Division
                              Cable Services Bureau