**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of :               | * | CSR 6585-L                   |
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| StogMedia                        | ) |                              |
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| Eastern Connecticut Cable        | * |                              |
| Television, Inc.                 | * |                              |
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| Petition For Commercial Leased   | * |                              |
| Access                           | * |                              |
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MEMORANDUM OPINION AND ORDER

**Adopted: July 5, 2005** **Released: July 7, 2005**

By the Deputy Chief, Media Bureau:

1.  On February 22, 2005, StogMedia[^1] filed the above-captioned
    petition for relief pursuant to Section 76.975 of the Commission's
    rules[^2] alleging violations by Eastern Connecticut Cable
    Television, Inc. ("Eastern") in the provision of commercial leased
    access service on Eastern's cable system.[^3] On March 31, 2005,
    Eastern filed a response requesting dismissal of the petition on the
    grounds that StogMedia's petition is untimely filed.

2.  There are three relevant rule provisions at issue in this leased
    access case. Pursuant to Section 76.970(i)(1), cable operators are
    required to respond to prospective leased access programmers within
    15 calendar days of the date on which a request for leased access
    information was made.[^4] In addition, Section 76.970(i)(4)
    indicates that all requests for leased access must be made in
    writing and "must specify the date on which the request was sent to
    the operator."[^5] Finally, Section 76.975(d) states that a petition
    seeking resolution of a commercial leased access dispute must be
    filed within 60 days of an alleged violation.

3.  StogMedia sent Eastern a request for leased access information by
    facsimile in November of 2004 to which Eastern never replied.[^6] In
    its complaint, StogMedia states that prior to sending its November
    2004 request it sent an earlier facsimile request to Eastern seeking
    leased access information. StogMedia states that Eastern failed to
    respond to either of its facsimile requests for leased access
    information. Finally, it is undisputed that on December 6, 2004,
    StogMedia sent Eastern a letter asking for leased access
    information, to which no response was received. Thereafter,
    Stogmedia filed a complaint with the Commission which was received
    on February 22, 2005. In its complaint, StogMedia asks for relief in
    the form of an order by the Commission instructing Eastern to
    provide the requested information and to meet with StogMedia
    representatives, including Anthony Chabot, to expedite the process
    of getting its programs on Eastern's system.[^7] In addition,
    StogMedia requests that Eastern be ordered to compensate StogMedia
    for financial losses and/or that the Commission impose a forfeiture
    on Eastern.[^8]

4.  Contrary to Eastern's contention, we find the StogMedia filed a
    timely complaint. It is undisputed that on December 6, 2004,
    StogMedia's sent Eastern a request for leased access information.
    Pursuant to Section 76.970(i)(1), Eastern would have had to respond
    to StogMedia's request for leased access information within 15 days,
    which would have been on or before December 21, 2004. Eastern failed
    to do so. Consequently, pursuant to Section 76.975(d), StogMedia
    would have had to have filed its complaint by February 19, 2005,
    which is sixty days from Eastern's December 21, 2004 violation.
    However, because the filing date fell on a holiday, Saturday, and an
    officially recognized federal holiday followed on that Monday, the
    next business day was February 22, 2005. In this instance, StogMedia
    filed its complaint against Eastern in a timely manner on February
    22, 2005, within the required 60 day period.

5.  We note that in Eastern's response it expresses a willingness to
    provide the specific channel time on its system that StogMedia
    desires. To the extent that Eastern has not provided the requested
    information to StogMedia, the Commission orders Eastern to provide
    the leased access information. We also remind Eastern that in the
    future it is obligated to respond to leased access requests for
    information within 15 days of any request. The Commission strongly
    encourages Eastern and StogMedia to arrive at a mutually agreed upon
    leased access agreement. StogMedia also requested that it be
    compensated by Eastern for loss of income as a result of Eastern's
    actions. However, nothing in the Communications Act authorizes the
    Commission to impose damages in connection with the provision of
    commercial leased access services.[^9] Accordingly, StogMedia's
    request to be compensated for its loss of income is denied. In view
    of Eastern's repeated failure to comply with Section 76.970(i)(1),
    we are considering separately issuing to Eastern a notice of
    apparent liability for forfeiture pursuant to Section 503(b) of the
    Communications Act of 1934, as amended, and Sections 1.80 and
    76.975(f) of the Commission's rules.[^10]

6.  Accordingly, **IT IS HEREBY ORDERED,** pursuant to authority
    delegated by Section 0.283 of the Commission\'s rules that the
    petition for relief filed by StogMedia in File No. CSR 6585-L **IS
    GRANTED IN PART**.[^11]

7.  **IT IS FURTHERED ORDERED** that Eastern shall within fifteen days
    from the release date of this order provide StogMedia the requested
    leased access information, to the extent it has not already done so.

    FEDERAL COMMUNICATIONS COMMISSION

    William H. Johnson Deputy Chief

    Media Bureau

[^1]: It appears that StogMedia files this petition on behalf of
    StogMedia's affiliate, Anthony Chabot d/b/a eWave Media, which
    apparently is the party that produces the program seeking local
    placement. However, there is no evidence contained in the pleadings
    showing that eWave Media joins in this petition.

[^2]: 47 C.F.R. §76.975.

[^3]: StogMedia indicates two different salutation dates in its
    petition, January 17, 2005 and "February 00, 2005." However, the
    Commission received the petition on February 22, 2005.
    Notwithstanding this discrepancy, February 22, 2005 is the date of
    StogMedia's petition.

[^4]: *See* 47 C.F.R. § 76.970(i)(1). Because Eastern is not a small
    cable system, it was required to provide information within 15
    calendar days of StogMedia's request. A small system for leased
    access purposes is a cable television system that serves 15,000 or
    fewer subscribers. According to the Television and Cable Factbook
    2005, the Eastern Connecticut Cable TV, Inc. system has over 45,000
    subscribers.

[^5]: *See* 47 C.F.R. § 76.970(i)(4).

[^6]: *See* Letter to Hugh O'Brien, Eastern Connecticut Cable
    Television, Inc, from Charlie Stogner, General Partner/CEO
    StogMedia, dated "November 39, 2004" The date indicated on this
    correspondence, November 39, 2004 is obviously a typographical
    error.

[^7]: Petition at 2.

[^8]: *Id. See* Exhibit A.

[^9]: *See BookBusters, Inc. d/b/s The Community Guide Show v.
    Cablevision and Cablevision of Long Island,* 15 FCC Rcd 1917 (CSB
    2000); *Aamen TV Ministry v. Mediaone,* 13 FCC Rcd 22244 (CSB 1998).

[^10]: 47 U.S.C. § 503(b); 47 C.F.R. §§ 1.80 & 76.975(f).

[^11]: 47 C.F.R. § 0.283.