Internet Ventures had applied for leased access carriage on the system Jan. 25, seeking to offer its its PeRKInet broadband Internet service in that market. IVI currently has applied for leased access in four West Coast markets.
In the complaint, announced late Monday, IVI president Don Janke noted the failure of Falcon Cable
to provide rates, sample contracts and information on channels available
for leased access within the 30-day period prescribed by law. Janke asked
that the city promptly use their power as the local franchising authority
to assure that the cable company will comply with the letter and the spirit
of the law.
“Given the failure of Falcon to respond in a timely fashion, it is
incumbent for the city involved to make sure that their local cable systems
understand that this inaction will not be tolerated.”
Unlike the openNET
Coalition, Internet Ventures contends that open access to cable systems
is not at issue with the FCC, because
leased access to the cable system networks is guaranteed under the
Communications Act of 1934, as amended.
IVI also announced that that GTE has
responded to the company’s request for information regarding leased access
carriage on GTE’s its Thousand Oaks, Calif., system only after threatening to
file suite in California.
In a letter dated March 1, GTE provided substantially all of the
information required by the regulations, including expanded basic rates,
sample contracts and information on channels available for leased access.