- Category: LAPA Information
- Published on Saturday, 13 July 2013 08:49
- Hits: 1592
Are you getting full benefit from Leased Access rules or are you being 'ripped off' by your cable operator?
From time to time, heretofore unidentified LAPers (Leased Access Programmers) discover the association and from what they share it's amazing how they're often charged for services they should not have to pay for under the law and FCC rules applicable to Section 612 of the Communications Act of 1934 (Commercial Leased Access).
For example it was recently learned a reasonably long time LAPer is being charged over four and a half times (4.5X) what can be the cost of having a direct feed with 'live TV' capabilities. In this case this represents $540 a month-- funds that are going into the pockets of the cable operator and not the programmer.
Not exactly sure where it is found in FCC materials but not too long ago I read where in the most recent recorded report cable operators reported some 1,000 leased access users. In all probability some sites have multiple users (check out the leased access channel for Time Warner Manhattan) so this begs the question, "just how many of the estimated 7,000 U.S. local cable sites don't have a single user availing themselves of the benefits of the law"?
But what is known is that FCC rules require cable operators to basically provide the same type technical services and assistance to leased access users as they do to non-leased users and at the same cost.
In a case where a LAPer was being charged for "Business Services" (in this case Services to tie into the system’s headend), FCC commented in the order for the LAPer's "Petition for Relief" that, "The implicit fee system was devised to account for all the ancillary costs associated with a leased access provider gaining access to the subject cable system.The only charges that are permitted outside of the implicit fee are those for technical services not provided for free to non-leased access users"
1.Without revealing the site location, name of the Lease Acess Programmer or cable operator, it's noteworthy what FCC ruled.IT IS ORDERED that within 30 days from the release date of this order, Cox Media New Orleans SHALL CEASE imposing on Real Estate TV, Inc., separate fees, if any, for access to the cable system headend and shall refund to Real Estate TV, Inc. all monies collected thus far, if any, for the purpose of such attachment.
Perhaps worth wondering is how much refund may be due LAPers who like the one in this order have been subjected to paying for services the rules do not allow them to charge for.
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