,=V \')!\:-'T'= I"'\R tAT~ FILED ORIGINAL KRASKIN, LES'S'E & Cbs'sON, LLP ArrORNEYS AT LAW .' TELECOMMUNICATIONS MANAGEMENT CONSULTANTS - - . 2120 L Street, N.W., Suite 520 Telephone (202) 296-8890 Washington,D.C 20037 Telecopier (202) 296-8893 February 22, 2002 RECeIVED William F. Caton, Acting Secretary FEB 22 2002 Federal Communications Commission 445 Twelfth Street, S. W. Washington, D.C. 20554 Re: In the Matter 0/Access Charge Re/orm: Seventh Report and Order andFurther Notice 0/Proposed Rulemaking, CC Docket No. 96-262 AT&Tand Sprint Petitions For Declaratory Ruling Regarding the Legality 0/ Terminating or Declining Access Services Ordered or Constructively Ordered And The Requirements/or Effecting Such Termination, CCB/CPD No. 01-02; In the Matter o/Implementation o/the Cable Television Consumer Protection and Competition Act 0/1992; Development o/Competition andDiversity in Video Programming Distribution: Section 628(c)(5) o/the Communications Act; Sunset o/the Exclusive Contract Provision; CS Docket No. 01-290/ Ex Parte Meeting .,-,----..J. Dear Mr. Caton: On February 21, 2002, Rick Vergin ofChibardun Telephone Cooperative, President of the Rural Independent Competitive Alliance ("RICA"), two RICA Board members, David Schmidt ofHeart ofIowa Telephone and Gerry Anderson ofMid-Rivers Telephone Cooperative, and RICA's counsel, David Cosson and John Kuykendall ofKraskin, Lesse & Cosson, LLP, met with Kyle Dixon ofthe Office ofChairman Michael Powell to discuss issues in the above captioned matters. RICA representatives emphasized the continued refusal ofAT&T and Sprint to pay interstate access charges properly tariffed in accordance with the Commission's CLEC Access Charge Order and Declaratory Ruling and the continued refusal ofAT&T to serve the customers ofrural CLECs. Copies ofex parte letters filed with the Commission on behalfofRICA on January 15,2002 and February 8, 2002 in CC Docket No, 96-262 were provided, The letters contain examples ofRICA members that AT&T and Sprint have refused or failed to pay subsequent to the adoption ofthe Commission's CLEC Access Charge Reform Order. These examples included CLECs that utilize the rate ofthe competing ILEC, the non-rural benchmark rate and the rural benchmark rate. RICA representatives also emphasized the need to not only continue the ban on exclusive contracts between vertically integrated cable operators and programming vendors but also to expand the ban to include all exclusive contracts between incumbent cable television operators and programming vendors. The representatives stressed that the Commission must also address unlawful discriminatory behavior that incumbent cable television companies have exhibited toward new entrants and provided an example ofsuch discriminatory behavior (see Attachment I). Mr. William F. Caton February 22, 2002 A summary ofthese and other RICA concerns were also provided (see attachment 2) as well as information regarding the services offered by a RICA member company (see attachment 3). Please contact me ifthere are any questions regarding this matter. Sincerely yours, ~ulf!::a/-fJ Attachments cc: Kyle Dixon ATTACHMENT 1 cOM~bArster A WIRED WORLD COMP4/rfV- Dear Valued Customer, Charter Communications enjOYS being your home entertaimnent provider and bringing you the best in digital and cable programming with our Value Packqes. In today's changing economy, Charter bas found that our business costs have taken a dramatic rise. While we're doing our best to absorb these rising business costs, CharfN bas found it necessary to implement a price adjustmem to our Value Packqcs effective MarchI, 2002, as listed below: CUrterDIaitaI MVP 53,.,5 510.10 • HOO, CiMmax, Sbowtime aDd The Movie Ch8nac1 • Plus-Access to Pay·Per·View, Dillita1 Music aDd lID 1ntcntlIve GWde • Digital Choice and E>paldcd Basic c:hannel. • Ioctudcs over 180 chamIe1s1 Claarter DlgitaI Preferred 537J1S SU.'! 527.00 1110 • Your cboice oftwo: HBOICiDcmax or Sbow1imcf1'be MoYie Chamlel • P1us-Acceu to Pay·Per·VIeW, Dillita1 Music and lID lnterattivc Guide • DigilaJ Choice and l'Jcle,a'o1 Basic c:banncIs • Includes oyer 170 cbanMtsl Charter DigItal ScIec:t 536.90 SS9.'! 523.05 • Your <:boice oCone: HBO, CiDcmax, Sbowtimc, «TheMovie O"mncJ • Plus-Access to Pay-Pcr.Vicw, DiJital Music aDd an 1Dteracth'e Guide • DiJital Choice aDd Fxpandtd Basic <:baMc:Is • Includes over 170 channd.1 Cbaner Dllital Complcte Bult 5UJIS 547.1S 522.90 +- q/ .5 /u • Aoceas to Pay-Pcr-VIeW, Digital Music lIDd aD Intcnctive Guide • Digital Choice and Exptndc:d Basic c:hanntJI • Includes over 160 c:!wmeIs' CIwUr Ix:peeded'" $JUS 513.0. 57/0 • thpa Ihl Buic c;banncJs . '-. IIa:IlIIes O\i~ 6hbailDeIl;t .•- Ifyou clI00se to keep your CUITml package at its Dew rare, all you have to do is - nothing! You'U coDtinue to receive great programming and services you are roc:eiving today. Ifyou prefer to move into a differettt Value Package that will better fit your Deeds and budget, call 1~581..ooal today lfyou would like to try uy ofthese Va1ue Paekqe optioUJ. We appreciate your business. Thank you for being a Charter Communications customer. Sincerely, Charter Communications Rate! do not include W(es 8Dd fees. Value I'licbpare JI'llIIlOIioaal tala IIld subject to change,.jtli notice. You may cbanle the level ofservice you m:eive without charge from now IIDtil 30 dal'" aft<r the c:fTeoti vc date of the jXU:e c"""ge. Set.top m:eivcr JIll)' be roquired Otha restrictiom may apply. Call far details. CwDberlalld Charter Rate in Charter Rate in Difference Percentage Barron, Chetek, Cumberland Between Difference Rice Lake Charter Rates Expanded Basic $24.95 $34.95 $10.00 0.40 Digital Complete Basic $29.95 $47.85 $17.90 0.60 Digital Select $39.95 $59.95 $20.00 0.50 Digital Preferred $41.95 $64.95 $23.00 0.55 Digital MVP $49.95 $70.80 $20.85 0.42 COMMUNICATIONS·Charter A WIRED WORLD COMPANy.... Dear Valued Customer, Charter Communications enjoys being your home entertainment provider and bringing you the best in digital programming with the Digital New BaskAdvantage Plan package. Effective March I~, 2002, your current package will move from its introductory rate of$21.95 to the Advantage Plan Package rate of$26.95 per month. Your new rate for the Digital New Basic Package is up to $7.00 per month savings over regular rates. If you choose to keep your current package at its new rate, all you have to do is - nothing! You'll continue to receive up to 140 channels ofthe great programming and services you are receiving today ... 1. Expanded Basic channels 2. Charter iN DEMANDTIl pay-per-view channels 3. Digital set-top receiver 4. Interactive On-Screen Program Guide with special features like Parental Control, Reminder Settings and more! 5. Digital Music channels Ifyou prefer to move into a different Advantage Plan Package that will better fit your needs - take a look at these economical choices: The DIGITAL PREFERRED includes up to 175 channels: • Your choice oftwo: HBO/Cinemax or ShowtiJiteflbe Movie Channel • Plus-access to Pay-Per-View, DigitaJ Music and an Interactive Guide • Digital special interest channels and Expanded Basic channels The DIGITAL COMPLETE BASIC includes up to 165 channels: • Access to Pay-Per-View, Digital Music and an Interactive Guide • Digital special interest channels and Expanded Basic channels Ifyou're interested in changing to a different value package listed above-it's easy! Just check the box ofthe package you'd like on the enclosed Advantage Plan price agreement, sign the agreement, and send one copy back in the enclosed self-addressed stamped envelope. You'll continue to enjoy the benefits and savings ofyour Advantage Plan package, and we guarantee your new package rate through 2I28/03! Ifyou have any questions, please contact us at 1-800-581-0081. We appreciate your business. Thank you for being a Charter Communications customer. Sincerely, Charter Communications Rates do not include taxes and fees. Advantage Phm Value Packages are promotional rates guaranteed through 2/28/03, regular rates apply thereafter. You may change the level ofservice you receive without charge from now until 30 days after the effective date of the price change. Set-top receiver required. Other restrictions may apply. Call for detail& RL-NB Rice lake • Barron Chetek • Cameron Haugen CHANNEL LINE-UP 114 Noggin iNDEMAND 116 NickGas 801 - 834, 860 - 35 channels of 118 NickW iNoEMAND Movies & Events 120 The Biography Channel 850 iNDEMAND Previews 124 Do-It-Yourself Channel 891 - 893 - 3 channels of Adult 126 History International Pay-Per-View Movies A WIRED WoRLO COMPANY"" 128 CNN Financial 130 CNN Sports Illustrated Music Choice Rice lake, Barron. Chetek, 140 MTV 2 901 Showcase 1 142 MTV S 902 Showcase 2 Cameron, Haugen Channel line-up 144 MTV X 903 Origens 146 VH1 Classic Rock 904 New Releases 148 VHl Country 905 American Originals Expanded Basic 42 Outdoor Life 150 MuchMusic 906 Sounds 01 the Season 2 4TPT - PBS 2 Minneapolis 43 Speedvision 154 lifetime Movie Network 907 For Kids Only 44 FOK Sports Network 3 4WEUX· FOX 48 Eau Claire 908 World Beat 45 National Geographic 4 ·WCCO - CBS 4 Minneapolis HBO Plex 909 Body & Soul 5 4KSTP . ABC 5 St. Paul 46 Sci-Fi Channel 500 HBD E 910 Classic R&B 5 4WQOW - ABC 18 Eau Claire 47 The History Channel 505 HBO Plus E 911 R&B Hits 7 4KIlN - FOX 29 Minneapolis 48 Turner Classic Movies 510 HBD Signature E 912 Dance 8 "WGN 49 Animal Planet 515 HBD Family E 913 Rap 9 "KMSP - INO 9 Minneapolis 50 Cartoon Network 520 HBD Comedy E 914 Metal 10 ·WHWC - PBS 28 Menomonie 51 E' 915 Alternative