John Norton, Esq by jgdQQ5M7

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									INDEPENDENT Multi-Family
Communications Council
3004 Oregon Knolls Drive, NW  Washington, DC 20015
(202) 364-0882  Fax (202) 364-8309  E-mail: IMCC@IMCC-online.org




John Norton, Esq.
Federal Communications Commission
445 12th Street SW
Washington, D.C. 20554

Re: Request for Declaratory Ruling
   Inside wiring rules/other services

Dear Mr. Norton:

        This letter constitutes IMCC’s Request for Declaratory Ruling pursuant to 47 C.F.R. §
1.2. We seek clarification of an incumbent franchised cable operator’s right to block application
of the FCC’s inside wiring rules based on the incumbent’s intention to utilize the wiring for
alternative purposes in the future.

        One tactic currently being used by incumbent franchised cable operators (MSOs) to block
application of the FCC’s inside wiring rules is to claim that – despite having no current Right-of-
Entry Agreement with the MDU owner -- the MSO has a “legally enforceable right to remain on
the premises” because the MSO “intends” to utilize existing inside wiring to provide telephony
and/or high-speed data services in the future. In light of the FCC’s presumption that the inside
wiring rules apply in all cases (47 C.F.R. § 76.804(c)), can an MSO legitimately claim that the
rules do not apply based on an “intention” to utilize inside wiring for the provision of telephony,
data or other services in the future?

        We look forward to your response.


Sincerely yours,

William J. Burhop
Executive Director


Cc: Marlene H. Dortch, Secretary

								
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