Commission Organization; Cable Services Bureau

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 96-467]

Commission Organization; Cable Services Bureau

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this Order, we amend the Commission's rules regarding the

functions of the Cable Services Bureau and the delegated authority of

the Chief of the Cable Services Bureau. This action is necessary to

permit the Cable Services Bureau to oversee pole attachment matters and

administration and enforcement of relevant provisions of the

Telecommunications Act of 1996.

EFFECTIVE DATE: February 25, 1997.

FOR FURTHER INFORMATION CONTACT: For additional information concerning

this rulemaking contact Meryl S. Icove, Cable Services Bureau, (202)

418-7200.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Order, FCC 96-467,

adopted December 3, 1996 and released December 5, 1996. The complete

text of this Order is available for inspection and copying during

normal business hours in the FCC Reference Center (room 239), 1919 M

Street, NW., Washington, DC, and also may be purchased from the

Commission's copy contractor, International Transcription Services,

Inc. (``ITS Inc.'') at (202) 857-3800, 2100 M Street, NW., Suite 140,

Washington, DC 20017.

Synopsis of Order

In this Order, we amend the Commission's rules regarding the

functions of the Cable Services Bureau and the delegated authority of

the Chief of the Cable Services Bureau.

This action is necessary to permit the Cable Services Bureau to

oversee pole attachment matters and administration and enforcement of

relevant provisions of the Telecommunications Act of 1996. The

amendments adopted herein pertain to agency organization, procedure and

practice. Consequently, the requirements of notice and comment

rulemaking contained in 5 U.S.C. 553(b) and the effective date

provisions of 5 U.S.C. 553(d) of the Administrative Procedure Act do

not apply. Authority for the amendments adopted herein is contained in

section 4(i), 5(c)(1), 303(r) of the Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 155(c)(1), 303(r).

It is ordered that Secs. 0.91, 0.101 and 0.321 of the Commission's

rules, 47 CFR 0.91, 0.101, 0.321 are amended as set forth below,

effective February 25, 1997.

Lists of Subjects in 47 CFR Part 0

Organization and functions (Government agencies).

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 0 of Title 47 of the Code of Federal Regulations is amended as

follows:

PART 0--COMMISSION ORGANIZATION

1. The authority citation for part 0 continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

2. Section 0.91 is amended by revising the introductory text,

removing

[[Page 8401]]

paragraph (h) and redesignating paragraphs (i) through (k) as

paragraphs (h) through (j) to read as follows:

Sec. 0.91 Functions of the Bureau.

The Common Carrier Bureau develops, recommends, and administers

policies and programs for the regulation of services, facilities and

practices of entities which furnish interstate communications service

or interstate access service for hire--whether by wire, radio or

cable--and of ancillary operations related to the provision of such

services (excluding public coast stations in the maritime mobile

services and multi-point and multi-channel multi-point distribution

services and excluding matters pertaining exclusively to the regulation

and licensing of wireless telecommunications services and facilities).

The Bureau also develops, recommends, and administers policies and

programs for the regulation of rates, terms and conditions under which

communications entities furnish interstate communications service,

interstate access service, and (in cooperation with the International

Bureau) foreign communications service for hire--whether by wire, cable

or satellite. The Bureau also performs the following functions:

* * * * *

3. Section 0.101 is revised to read as follows:

Sec. 0.101 Functions of the Bureau.

The Cable Services Bureau develops, recommends and administers

policies and programs with respect to the regulation of services,

facilities, rates and practices of cable television systems and with

respect to the creation of competition to cable systems, and with

respect to video programming services provided by other multichannel

video programming distributors and multichannel video programmers. The

Cable Services Bureau advises and recommends to the Commission, or acts

for the Commission under delegated authority, in matters pertaining to

the regulation and development of cable television and other

multichannel video programming services. The Bureau also performs the

following functions:

(a) Administers and enforces rules and policies regarding:

(1) Cable television systems, operators, and services, including

those relating to rates, technical standards, customer service,

ownership, competition to cable systems, broadcast station signal

retransmission and carriage, program access, wiring equipment, channel

leasing, and federal-state/local regulatory relationships. This

includes: acting, after Commission assumption of jurisdiction to

regulate cable television rates for basic service and associated

equipment, on cable operator requests for approval of existing or

increased rates; reviewing appeals of local franchising authorities'

rate making decisions involving rates for the basic service tier and

associated equipment, except when such appeals raise novel or unusual

issues; acting upon complaints involving cable programming service

rates except for final action on complaints raising novel or unusual

issues; evaluating basic rate regulation certification requests filed

by cable system franchising authorities; periodically reviewing and,

when appropriate, revising standard forms used in administering: the

Commission's complaint process regarding cable programming service

rates; the certification process for local franchising authorities

wishing to regulate rates, and the substantive rate regulation

standards prescribed by the Commission;

(2) Access to poles, ducts, conduits and rights-of-way and the

rates, terms and conditions for pole attachments, when such attachments

are not regulated by a state and not provided by railroads or

governmentally or cooperatively owned utilities, and complaints

involving access to or rates, terms and conditions arising from pole

attachments, except for final action on complaints raising novel or

unusual issues;

(3) Open video systems;

(4) Preemption of restrictions on devices designed for over-the-air

reception of television broadcast signals, multichannel multipoint

distribution service, and direct broadcast satellite services;

(5) The commercial availability of navigational devices;

(6) The accessibility of video programming to persons with

disabilities; and

(7) Scrambling of sexually explicit adult video programming by

multichannel video programming distributors.

(b) Plans and develops proposed rulemakings and conducts studies

and analyses (legal, engineering, social and economic) of various

petitions for policy or rule changes submitted by industry or the

public.

(c) Conducts studies and compiles data relating to multichannel

video programming services necessary for the Commission to develop and

maintain an adequate regulatory program.

(d) Advises and assists the public, other government agencies and

industry groups.

(e) Administers financial and other reporting systems.

(f) Investigates complaints and answers general inquiries from the

public.

(g) Participates in hearings before the Administrative Law Judges

and the Commission.

(h) Processes applications for authorizations in the Cable

Television Relay Service.

(i) Processes and acts on all applications for authorization,

petitions for special relief, petitions to deny, waiver requests,

requests for certification, objections, complaints, and requests for

declaratory rulings and stays regarding the areas listed above, that do

not involve novel questions of fact, law or policy that cannot be

resolved under existing precedents and guidelines.

(j) Periodically reviews and, when appropriate, revises standard

forms related to the areas listed above.

(k) Exercises authority to issue non-hearing related subpoenas for

the attendance of witnesses and the production of books, papers,

correspondence, memoranda, schedule of charges, contracts, agreements,

and any other records deemed relevant to the investigation of the Cable

Services Bureau. Before issuing a subpoena, the Cable Services Bureau

shall obtain the approval of the Office of General Counsel.

(l) Carries out the functions of the Commission under the

Communications Act of 1934, as amended, except as reserved to the

Commission under Sec. 0.321.

4. Section 0.321 is revised to read as follows:

Sec. 0.321 Authority delegated.

The Chief, Cable Services Bureau is delegated authority to perform

all functions of the Bureau, described in Sec. 0.101, subject to the

following exceptions and limitations:

(a) Designate for hearing any formal complaints that present novel

questions of fact, law or policy that cannot be resolved under existing

precedents for guidelines;

(b) Impose, reduce, or cancel forfeitures pursuant to section

503(b) of the Communications Act of 1934, as amended, in amounts of

more than $20,000;

(c) Act upon any applications for review of actions taken by the

Chief, Cable Services Bureau pursuant to any delegated authority which

comply with Sec. 1.115 of this chapter;

[[Page 8402]]

(d) Issue notices of proposed rulemaking, notices of inquiry or to

issue report and orders arising from either of the foregoing, except

that the Chief, Cable Services Bureau shall have authority to issue

notices of rulemaking and report and orders redesignating market areas

in accordance with section 614(f) of the Communications Act of 1934, as

amended; and

(e) Act on any applications in the Cable Television Relay Service

that present novel questions of fact, law, or policy that cannot be

resolved under existing precedents and guidelines.

[FR Doc. 97-4566 Filed 2-24-97; 8:45 am]

BILLING CODE 6712-01-P