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 Federal  Communications  Commission  DA  01-  263 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 John  Broyles  d/  b/  a  United  International 
 Broadcasting  Network 


 v. 
 InterMedia 
 Request  for  Injunction 


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 ORDER 
 Adopted:  January  31,  2001  Released:  January  31,  2001 
 By  the  Deputy  Chief,  Cable  Services  Bureau: 
 I.  INTRODUCTION 
 1.  John  Broyles  d/  b/  a  United  International  Broadcasting  Network  (“  Broyles”)  has  filed  a 
 letter  dated  January  19,  2001  requesting  an  injunction  against  InterMedia  (“  InterMedia”).  We  deny  the 
 request  for  injunction. 


 2.  Broyles  seeks  an  injunction  to  prohibit  an  interruption  of  his  commercial  leased  access 
 programming  on  InterMedia’s  cable  system  in  Franklin  County,  Tennessee,  on  February  1,  2001.  In 
 support  of  the  request,  Broyles  asserts  that  recent  negotiations  with  InterMedia  to  remove  their  requirement 
 for  proof  of  insurance  have  been  unsuccessful.  Broyles  submitted  a  copy  of  a  letter  from  InterMedia’s 
 Regional  Director,  dated  January  17,  2001,  indicating  that  a  Leased  Access  Agreement  had  been  sent  to 
 Broyles  for  signature  and  stating  that  if  the  signed  agreement  and  proof  of  insurance  is  not  returned  by 
 February  1,  2001,  InterMedia  will  discontinue  cablecasting  Broyles’  leased  access  programming  on  that 
 date.  Broyles  contends  that  insurance  is  not  required  to  protect  InterMedia  from  potential  liability  arising 
 from  carriage  of  his  programming,  arguing  that  InterMedia  will  not  incur  potential  liability  because  of  the 
 small  number  of  subscribers  exposed  to  his  programming.  Broyles  also  contends  that  the  cost  of  the 
 required  insurance  is  excessive. 


 3.  We  have  previously  considered  and  rejected  Broyles’  contentions  that  InterMedia  may  not 
 require  insurance  to  protect  InterMedia  from  potential  liability  arising  from  carriage  of  Broyles’ 
 programming.  1  Broyles  has  presented  nothing  with  the  current  request  indicating  that  a  different  result  is 


 1  See  John  Broyles  d/  b/  a  United  International  Broadcasting  Network  v.  InterMedia,  DA  00-  1568,  (Cable  Serv. 
 Bur.,  released  July  13,  2000);  __  FCC  Rcd  _____  (CSB  2000);  John  Broyles  d/  b/  a  United  International 
 Broadcasting  Network  v.  InterMedia,  DA  00-  2237,  (Cable  Serv.  Bur.,  released  October  2,  2000);  __  FCC  Rcd 
 _____  (CSB  2000). 
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 Federal  Communications  Commission  DA  01-  263 
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 required  or  that  InterMedia’s  insurance  requirement  is  unreasonable  or  in  violation  of  the  Commission’s 
 leased  access  rules. 


 II.  ORDERING  CLAUSES 


 4.  Accordingly,  IT  IS  HEREBY  ORDERED  that  the  request  for  injunction  filed  by  John 
 Broyles  d/  b/  a  United  International  Broadcasting  Network  on  January  19,  2001  IS  DENIED. 


 5.  This  action  is  taken  under  delegated  authority  pursuant  to  the  provisions  of  Section  0.  321 
 of  the  Commission’s  rules.  2 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 William  H.  Johnson,  Deputy  Chief 
 Cable  Services  Bureau 


 2  47  C.  F.  R  §  0.321. 
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