Cable Television Leased Commercial Access

The Commission has adopted a Second Report and Order and Second Order on Reconsideration of the First Report and Order (``Order'') regarding implementation of the leased commercial access provisions of the 1992 Cable Act. The Order addressed comments and petitions for reconsideration filed in response to the Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking in CS Docket 96-60, FCC 96-122 (released March 29, 1996) (subparts referred to separately as ``Reconsideration Order'' and ``Further NPRM''). The Order: revised the maximum rate formulas for use of full- time leased access channels; declined to impose a transition period for the implementation of the revised rate formulas; maintained the current rules for maximum part-time rates and adopted a rule that cable operators are not required to open additional leased access channels for part-time use until all existing part-time leased access channels are substantially filled or until a programmer requests a year-long eight-hour daily time slot that cannot otherwise be accommodated; allowed the resale of leased access time; granted leased access programmers the right to demand access to a tier with a subscriber penetration of more than 50%; stipulated that minority and educational programming does not qualify as a substitute for leased access programming unless it is carried on a tier with a subscriber penetration of more than 50%; declined to mandate preferential treatment for certain types of leased access programmers; required operators to accept leased access programmers on a non-discriminatory basis so long as available leased access capacity exceeds demand; required that an independent accountant review an operator's rate calculations prior to the filing of a rate complaint with the Commission; established a standard of reasonableness for certain contractual requirements; specified when leased access programmers must pay for technical support; and defined the term ``a