OPPICE OF GBNBRAL COUNSEL
TO: Chief, PIRS
FROM: Associate General Counsel, Litigation Division
DOCKET FILE COpy ORIGINAL
and 93-215)MM 92-266
Adelphia Communications Corporation v. FCC & USA,
No. 95-1026. Filing a new Petition for Review in
the United States Court of Appeals for the District
of Columbia Circuit.
January 24, 1995
Docket No (s) .
File No (s) .
This is to advise you that on January 9, 1995, Adelphia t
Communications Corporation, filed Section 402(a) Petition for
Review in the United States Court of Appeals for the D.C. Circuit
of the FCC decision: In the Matter of Implementation of Sections
of the Cable Television eonsumer Protection and Competition Act
of 1992: Rate Regulation, et al., (Sixth Order on
Reconsideration, Fifth Report and Order, and Seventh Notice of
Proposed Rulemaking), FCC 94-286, released November 18, 1994.
Petitioner challenges the Order that purports to regulate the
manner in which cable operators offer their programming to the
public and controls not only the price at which this programming
is offered, but also the grouping or packages of program services
offered to the customer.
Due to a change in the Communications Act, it will not be
necessary to notify the parties of this filing.
The Court has docketed this case as No. 95-1026 and the attorney
assigned to handle the litigation is LaM,rence N. Bourne.
Daniel M. Armstrong
cc: General Counsel
Office of Public Affairs
UlfITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
ADELPHIA COMMUNICATIONS CORPORATION,
FEDERAL COMMUNICATIONS COMMISSION
and the UNITED STATES OF AMERICA,
Deeket No. ff,/~J~
DOCKET FILE COPy ORIGINAL
PITITIOM OF APlJepHIA COWIJIfICATIQIS CORP.
FOR REVIEW OF AGINCY ACTION
Petitioner, ADELPHIA COMMUNICATIONS CORPORATION
("ADELPHIA"), pursuant to 47 U.S.C. S 402(a), 47 U.S.C.
S 2342(1), 5 U.S.C. S 706, Fed. R. App. p. 15 and D.C. Cir.
R. 15, hereby petitions this Court for review of the Federal
communications Commission's (FCC) "Sixth Order on Reconsideration
and Fifth Report and Order, in the Matter of Implementation of
sections of the Cable Television Consumer Protection and
Competition Act of 1992: Rate Regulation" (MM Docket No. 92-266
and MM Docket No. 93-215), FCC 94-286 (the "Fifth Report and
Order"), which was released on November 18, 1994 and pUblished in
the Federal Register on December 6, 1994. A true copy of the
Fifth Report and Order is attached hereto as Exhibit A.
Venue in this Court is proper under 28 U.S.C. S 2343.
Adelphia, a Delaware corporation, is a holding company
which, through subsidiaries, owns and operates cable television
systems in Florida, Massachusetts, Michigan, New Jersey, New
York, North Carolina, South Carolina, Ohio, Pennsylvania, Vermont
and Virginia and is one of the ten largest cable television
operators in the United states. Adelphia's systems are located
primarily in small to medium-sized markets and rural and suburban
PETITIOlfIR'S STNfDllfY AID GROUNDS ON WHICH
RELIEF IS SOUGHT
The Fifth Report and Order purports to requlate the manner
in which cable operators, like Adelphia, offer their proqramming
to the pUblic. The Fifth Report and Order controls not only the
price at which this proqramming is offered, but also the grouping
or packaging of proqram services offered to the customer. Thus,
it directly interferes with the cable operator's discretion in
creating packages of program services to offer customers as well
as with the customers' ability to select and pay for only the
proqram services he or she desires.
Adelphia participated in the FCC rulemaking proceedings
giving rise to the November 18, 1994 Fifth Report and Order, and
is directly and materially affected by the challenged order and
regulations. Adelphia is aggrieved and injured by those orders,
and the requlations that they promulgate, amend and affirm, for
reasons that inclUde, but are not limited to, the following:
1. The Fifth Report and Order, and the regulations that it
promulgates, a..nds and affirms are contrary to the language and
intent of the 1992 Cable Act, and are arbitrary, capricious,
abusive of discretion, discriminatory and are otherwise unlawful.
2. The Fifth Report and Order, and the regulations that it
promulgates, amends and affirms, exceed the statutory
jurisdiction and authority of the FCC.
3. The Fifth Report and Order, and the regulations that it
promulgates, amends and affirms, violate the free speech rights
of Adelphia and others, and are otherwise in violation of the
rights of Adelphia and others under the First Amendment to the
United states Constitution.
Adelphia respectfully requests that this Court vacate and
set aside the Fifth Report and Order together with the
regulations promulgated thereunder, and that the Court grant such
other and further relief as may be proper and just in the
John B. Glicksman
Deputy General Counsel
ADELPHIA COMMUNICATIONS CORP.
5 West Third Street
Coudersport, PA 16915
/Terr S. Bienstock, P.?
BIENSTOCK & CLARK
200 South Biscayne Blvd.
Miami, FL 33131-2367
January 9, 1995
FLEISCHMAN AND WALSH, L.L.P.
1400 sixteenth street, N.W.
Washington, D.C. 20036
Attorneys for Petitioner,
Adelphia Communications Corp.