Eligibility Requirements in Part 78 Regarding 12 GHz Cable Television Relay Service

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 78

[CS Docket No. 99-250; FCC 99-166]

Eligibility Requirements in Part 78 Regarding 12 GHz Cable

Television Relay Service

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document requests comment on amending the Commission's

rules to allow private cable operators (``PCOs'') and other

multichannel video programming distributors (``MVPDs'') to use the

frequencies in the 12 GHz band for the delivery of video programming.

This document is in response to a petition for rulemaking filed with

the Commission by Optel, Inc., a PCO that provides video programming

and other services to residential subscribers, requesting eligibility

to use the 12 GHz Cable Television Relay Service (``CARS'') band for

video programming. The Notice invites comments which will help the

Commission determine the competitive impact on franchised cable

resulting from the proposed expansion of eligibility for CARS licenses

to PCOs and other MVPDs. The Notice also invites comments on technical

and spectrum management issues relevant to expansion of CARS

eligibility.

DATES: Comments are due on or before August 16, 1999 and reply comments

are due on or before September 20, 1999.

ADDRESSES: Federal Communications Commission, Office of the Secretary,

445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. Comments

may be filed using the Commission's Electronic Comment Filing System

(ECFS) or by filing paper copies. See Electronic Filing of Documents in

Rulemaking Proceedings, 63 FR 24121 (January 2, 1998). Comments filed

through the ECFS can be sent as an electronic file via the Internet to

http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an

electronic submission must be filed. In completing the transmittal

screen, commenters should include their full name, Postal Service

mailing address, and the applicable docket or rulemaking number.

Parties may also submit an electronic comment by Internet e-mail. To

get filing instructions for e-mail comments, commenters should send an

e-mail to [email protected], and should include the following words in the

body of the message, ``get form .'' A sample form

and directions will be sent in reply.

FOR FURTHER INFORMATION CONTACT: Eloise Gore or Carolyn Fleming at

(202) 418-7200 or via internet at [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's

Notice of Proposed Rulemaking, FCC 99-166, CS Docket No. 99-250,

adopted July 9, 1999 and released July 14, 1999 (``Notice''). The full

text of this Notice is available for inspection and copying during

normal business hours in the FCC Reference Center (Room CY-A257), 445

12th Street, S.W., Washington, D.C. 20554, or may be purchased from the

Commission's copy contractor, International Transcription Service

(``ITS''), (202) 857-3800, 1231 20th Street, NW, Washington, D.C.

20036, or may be reviewed via internet at http://www.fcc.gov/Bureaus/

Cable/News__Releases/1998/nrcb8022.html>. For copies in alternative

formats, such as braille, audio cassette or large print, please contact

Sheila Ray at ITS.

Ex Parte Rules

This proceeding will be treated as a ``permit-but-disclose''

proceeding subject to the ``permit-but-disclose'' requirements under

Section 1.1206(b) of the rules. (47 CFR 1.1206(b), as revised). Ex

parte presentations are permissible if disclosed in accordance with

Commission rules, except during the Sunshine Agenda period when

presentations, ex parte or otherwise, are generally prohibited. Persons

making oral ex parte presentations are reminded that a memorandum

summarizing a presentation must contain a summary of the substance of

the presentation and not merely a listing of the subjects discussed.

More than a one or two sentence description of the views and arguments

presented is generally required. (See 47 CFR 1.1206(b)(2), as revised.)

Additional rules pertaining to oral and written presentations are set

forth in 47 CFR 1.1206(b).

Synopsis of Notice of Proposed Rulemaking

Introductory Background

1. In this proceeding, we respond to a petition for rulemaking

filed by Optel, Inc. (``Optel''), a PCO that provides video and other

services to residential users primarily located in multiple dwelling

units (``MDUs'') on a shared tenant basis. In its petition, Optel

proposes to expand eligibility for the 12 GHz CARS band to include

PCOs. On its own motion, the Commission seeks comment on expanding

eligibility to other MVPDs. The Optel petition was filed on April 1,

1998. The Commission received comments all of which were in support of

Optel's petition.

2. For purposes of the Notice, the 12 GHz frequency band is defined

as the band segment 12.70--13.20 GHz shared by CARS and other services.

Currently, that segment of the 12 GHz bandwidth is used by, among

others, CARS licensees which provide point-to-point, e.g., from one

side of a river or mountain to the other side of the river or mountain,

and point-to-multipoint transmissions, e.g., from one side of a river

or mountain to many points, video and related audio signals. Part 78 of

the Commission's rules governs the

[[Page 41900]]

licensing and operations of fixed or mobile CARS stations; thus, if

Optel's petition is granted Sections 78.11 and 78.13 which govern both

the eligibility criteria and the permissible services for CARS

licensees would need to be amended. Optel has also requested use of the

frequency band segment from 13.20 to 13.25 GHz for delivery of video

programming. However, that segment is not designated for CARS use but

rather for broadcast auxiliary service (``BAS''), including on-site

mobile transmissions for electronic newsgathering. The Notice seeks

comment on spectrum sharing issues raised by Optel's petition as it

relates to incumbent cable operators in the 12 GHz CARS band and to the

compatibility between fixed PCOs and mobile BAS in the 13.20 to 13.25

band segment.

3. In its petition, Optel contends that PCOs need access to the 12

GHz CARS band because: (1) Opening the 12 GHz CARS band to PCO

licensees would enhance competition with the franchised cable industry;

(2) the Commission has established precedent for extending CARS

eligibility to other similar users such as multipoint distribution

service (``MDS'') and multichannel, multipoint distribution service

(``MMDS'') operators; and (3) the 18 GHz frequency band, because of

technical difficulties and recent and pending Commission rulemakings,

can no longer support the services provided by the PCO industry. Optel

also argues that, in the 12 GHz CARS band, it can provide more channels

(up to 82 channels if the CARS band includes 13.20 GHz-13.25 GHz) and,

therefore, can be more competitive with franchised cable systems.

4. The Commission's rules define a CARS station as a fixed or

mobile station used for the transmission of television and related

audio signals, signals of standard and FM broadcast stations, signals

of instructional television fixed stations, and cable casting from the

point of reception to a terminal point from which the signals are

distributed to the public. (47 CFR 78.5(a)). CARS licensees are

authorized to use CARS stations to relay signals for and to supply

program material to cable television systems and other eligible

entities using point-to-point and point-to-multipoint transmissions.

(47 CFR 78.11(a), (c), (d)).

5. Optel's petition also requests amendment of Section

101.603(a)(2) to add the 12 GHz band to those frequency bands on which

PCO licensees may deliver video programming and Section 101.603(b)(3)

to include the 12 GHz band among those frequency bands that may be used

to provide the final Radio Frequency (``RF'') link in the chain of

transmission of program material to cable television systems, MDS, or

Master Antenna Television Systems (``MATVs''). Part 101 of the

Commission's rules governs the manner in which portions of the radio

spectrum may be made available for use by private operational, common

carrier, Local Multipoint Distribution Service (``LMDS''), and certain

fixed microwave operations. PCOs currently obtain licenses under Part

101 for certain frequencies when their operations use microwave

distribution. PCOs are permitted by Part 101 to use the 18 GHz (18.142

GHz-18.580 GHz) and 23 GHz (21.20 GHz-23.60 GHz) frequency bands to

distribute video programming. Sections 78.11 and 78.13 govern both the

eligibility criteria and the permissible services for CARS licensees.

If at the conclusion of this rulemaking the Commission determines to

extend the use of the 12 GHz CARS band to PCOs and other MVPDs,

procedurally it will be sufficient to amend Section 78.13 of the

Commission's rules, which would be consistent with the Commission's

previous amendments to Section 78 of its rules to extend CARS

eligibility to other service providers and would ensure that all users

of this band for video distribution purposes are governed by the same

rules and licensing criteria. No amendment to Part 101 is necessary.

The Notice states that amending Part 78 to make PCOs and other MVPDs

eligible for 12 GHz CARS licenses would also make them eligible for

CARS licenses in the 18 GHz band, as are other current CARS licensees.

Competition in the Video Programming Distribution Industry

6. Optel maintains that it competes directly with incumbent

franchised cable operators. Commenters agree with Optel's contentions

with regard to the alleged competitive benefits of extending CARS

eligibility to PCO licensees. RCN Telecom Services, Inc. (``RCN''), an

operator of open video systems (``OVS''), argues that extending CARS

eligibility to PCO licensees would establish parity between franchised

cable operators who use the CARS band to relay programming material and

PCO licensees who would use the 12 GHz CARS band for similar purposes.

RCN believes that granting Optel's petition would result in increased

competition for two reasons. First, RCN states that extending CARS

eligibility to PCOs would satisfy the underlying goals of the 1996 Act

by removing competitive obstacles and fostering competition. Second,

RCN states that Optel correctly compares the status of PCO licensees

with that of MDS licensees who were found to be competitors of

franchised cable operators and eligible for CARS licenses. The Notice

seeks comment on the effect on incumbent CARS licensees of permitting

PCO licensees to use the 12 GHz CARS band. The Notice seeks comment as

to whether the proposed use of the 12 GHz CARS band by Optel is

consistent with the current channelization scheme for 12 GHz CARS

licensees. The channelization scheme sets the upper and lower frequency

boundaries for each assigned channel used in the CARS band. The Notice

further inquires as to whether there are other technical considerations

or issues of spectrum congestion or coordination among licensees which

should be considered.

7. The Notice notes that PCOs currently are permitted to use 18 GHz

and 23 GHz for video, as well as for data and voice. The Notice seeks

comment on the costs for PCOs associated with the use of multiple

frequency bands that they could use under the existing rules.

Specifically, we request a detailed cost analysis and comparison,

including equipment costs, comparing use of 18 GHz or 23 GHz versus use

of the 12 GHz CARS band.

8. In the Notice, the Commission states its belief that Optel's

petition presents an opportunity to consider expanding eligibility for

the CARS band to MVPDs other than PCOs. Thus, on the Commission's own

motion, the Notice seeks comment on expanding eligibility for the CARS

band to entities such as OVS operators and others who provide video

programming as their dominant service. An example of an MVPD which

provides video programming as its dominant service is an MVPD that

offers 60 channels of video programming and 2 channels of ancillary

services. The Commission has stated that use of the microwave radio

spectrum should be governed by type of use rather than type of licensee

is applicable here. See Amendment of Parts 21, 43, 74, 78, and 94 of

the Commission's Rules Governing Use of the Frequencies in the 2.1 and

2.5 GHz Bands Affecting: Private Operational-Fixed, Microwave Service,

Multipoint Distribution Service, Multichannel Multipoint Distribution

Service, Instructional Television Fixed Service, and Cable Television

Relay Service, 5 FCC Rcd 6410, 6423 (1990), 55 FR 46006 (Oct. 31, 1990)

(``CARS Order''). Based on that principle, the Commission expanded

eligibility for the CARS band to MDS licensees and further stated that

similarly-situated entities should have parity of access to the

spectrum. In the CARS Order, the

[[Page 41901]]

Commission stated that cable and wireless cable, respectively, have

similar needs for CARS frequencies and there was no evidence to justify

disparate treatment with regard to use of the CARS band.

9. The Commission notes that franchised cable systems that are

currently eligible for CARS licenses generally are required to provide

service to an entire community. In contrast, PCOs can select those

areas and buildings where they wish to provide service and ignore less

desirable areas or buildings. The Notice seeks comment on whether PCOs

should have the same access to CARS stations without being required to

provide the same level of service. In addition, we seek comment on the

conflict that could arise where a franchised cable system may be unable

to serve a part of a community which it is required to serve because a

PCO already has the CARS license for those frequencies. The Notice

seeks comment on whether PCOs and other MVPDs would first have to

exhaust their spectrum usage in the 18 GHz and 23 GHz frequency bands,

as provided by Part 101 of the Commission's rules, before being

eligible to use the 12 GHz CARS band. The Notice further seeks comment

on whether PCO use of the 12 GHz band for CARS should be limited to

secondary use where it will not interfere with cable systems or MMDS

licensees that have actual plans to use a CARS station. The Notice

inquires further as to whether there are other conditions or

restrictions which should be imposed. For example, should the

Commission limit CARS eligibility to only those PCOs with a certain

minimum number of subscribers?

Technical Limitations in the 18 GHz Band

10. Optel currently uses microwave distribution centers in the 18

GHz frequency band to interconnect private cable systems to a central

headend facility. Optel maintains, however, that the 18 GHz band can no

longer support the range of services offered by itself and other PCOs

because the propagation limitations of the 18 GHz band significantly

restrict PCOs' ability to expand due to greater operating costs. Optel

maintains that the signal propagation characteristics (e.g., distance

over which the signal remains strong) of the 18 GHz band make it

unsuitable for widely distributed systems and limits growth within the

PCO industry. Optel states that transmissions in the 18 GHz band have

an effective range up to 8 miles and that PCOs who wish to provide

service outside of the 8 mile area would be forced to build a new

headend closer to the outlying systems, add microwave relay stations,

or abandon expansion projects altogether. Depending upon path

conditions, it has been the Commission's experience that CARS stations

in the 12 GHz frequency band using Amplitude Modulated Links (AML) can

travel 11-15 miles and, in the 18 GHz frequency band, 8-11 miles. The

Notice also refers to section 78.108 of the Commission's rules which

requires minimum path lengths of 5 km between the end points of a fixed

link using the 12 GHz CARS band. The Notice seeks comment on the

estimates of effective range and the assertion that PCOs need

additional range and raises related questions such as should PCOs be

required to demonstrate that they need to transmit over more than 10

miles before they are eligible for a CARS license? The Notice requests

comment on the technical impact on PCOs which continue to operate in

the 18 GHz band. The Notice also requests comment on the impact to CARS

operations, including franchised cable systems that are currently CARS

licensees or may need access to CARS in the future, if PCO entities are

allowed access to the 12.75-13.25 GHz band. Will cable systems'

transition to fiber optics obviate their need for CARS stations thus

lessening any potential negative impact and making more spectrum

available to other applicants, such as PCOs and other MVPDs?

Effect on PCOs of Other Ongoing Commission Rulemakings

11. Optel contends that PCOs need access to the 12 GHz CARS

frequency band because certain ongoing Commission rulemaking

proceedings threaten to limit PCOs' use of the 18 GHz frequency band.

Specifically, Optel argues its ability to compete with franchised cable

operators in the Denver, CO and the Washington, D.C. markets has been

limited by the Commission's decision to relocate Digital Electronic

Message Services (``DEMS'') in connection with the establishment of

``exclusion zones.'' Optel further argues that its continued existence

in the 18 GHz frequency band would be impaired by the grant of blanket

licenses to fixed satellite service (``FSS'') users in the 18 GHz band

as proposed in the Notice of Proposed Rulemaking, Redesignation of the

17.7-19.7 GHz Frequency Band, Blanket Licensing of Satellite Earth

Stations in the 17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and

the Allocation of Additional Spectrum in the 17.3-17.8 GHz and 24.75-

25.25 GHz Frequency Bands for Broadcast Satellite Service Use, FCC 98-

235, 63 FR 54100 (Oct. 8, 1998) (``Redesignation NPRM''). Currently,

the 17.70 to 19.70 GHz band is allocated for shared use between

satellite services and terrestrial fixed services. If the Redesignation

NPRM is adopted as proposed, Optel and other terrestrial fixed services

would lose their current co-primary status in the 18.30 GHz-18.55 GHz

and 18.80 GHz-19.30 GHz bands but gain primary status in the 17.70 Ghz-

18.30 Ghz bands. The Commission has determined that fixed services can

continue to file for authorization to use these bands, but after the

adoption of a Report and Order in Redesignation NPRM proceeding, such

applications would be accorded secondary status to promote exclusive

use of this spectrum by satellite operations. The Commission has

explained that a service that is designated as co-primary must share a

frequency band with other services designated as co-primary on a co-

equal basis and that a service designated as secondary may use a

frequency band as long as its operations do not cause interference to

any primary designated operations. If interference occurs, the

secondary designated service must cease operations. The Notice seeks

comment on whether the increasing constraints that will be presented

for terrestrial services at 18 GHz warrants making the 12 GHz CARS band

available for PCO service, or whether other alternatives, such as 23

GHz, or use of fiber optic cable, can reasonably provide necessary

capacity.

12. The Notice also takes note of another ongoing Commission

proceeding that raises spectrum sharing issues with regard to the 12

GHz frequency bandwith, i.e., In the Matter of Amendments of Parts 2

and 25 of the Commission's Rules to Permit Operation of NGSO FSS

Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band

Frequency Range and Amendment of the Commission's Rules to Authorize

Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct

Broadcast Satellite Licensees and Their Affiliates, Notice of Proposed

Rulemaking (``NGSO 12 GHz NPRM''), 64 FR 1786 (Jan. 12, 1999). Among

other issues, the NGSO 12 GHz NPRM responds to a petition filed by

SkyBridge LLC requesting that the Commission allow NGSO FSS gateway

earth stations earth-to-space links in the CARS frequencies at 12.75

GHz-13.25 GHz on a co-primary basis, subject to appropriate

coordination and spectrum sharing requirements. The NGSO 12 GHz NPRM

takes notice of the Optel petition and requests comments on the

[[Page 41902]]

compatibility between new NGSO FSS operations and Optel's proposed use

of the 12 GHz frequency band. As noted in the NGSO 12 GHz NPRM, 12.75-

13.25 GHz is currently subject to heavy usage. Optel's request for use

of the 12 GHz CARS band and that of SkyBridge, if granted, could

greatly increase the terrestrial use of the 12 GHz band, although

Optel's use of the 12 GHz CARS band for point-to-point and point-to-

multipoint relay of signals will not differ from the current use of the

band by CARS licensees. Spectrum sharing issues with respect to the

proposed NGSO FSS operations in the 12.75-13.25 GHz band will be

considered in ET Docket No. 98-206. Consideration of these issues need

not be repeated in this docket. The Notice invites comment in this

proceeding only on any additional issues specifically related to the

question of expanding CARS eligibility.

Other Issues

13. The Commission, pursuant to 309(j) of the Telecommunications

Act of 1996, is required to implement a system of competitive bidding

when mutually exclusive applications are accepted for filing for any

initial license or permit involving use of the spectrum. Currently CARS

licenses are not auctioned. However, if the Commission determines that

opening the CARS band to PCOs and other MVPDs creates mutually

exclusive applications, the CARS spectrum would be subject to auction.

Alternatively, the Commission could adopt priority of use rules, which

would avoid mutual exclusivity and the auctioning of the CARS spectrum.

The Notice seeks comment on the effect of auctioning CARS spectrum or

adopting priority of use rules. The Notice also seeks comment on the

applicability of the Commission's Part 1 auction rules to this service

in the event the Commission decides to award CARS licenses through

competitive bidding. The Notice also seeks comment on whether the

Commission should adopt a minimum subscriber requirement to avoid

permitting a PCO with a small number of subscribers to use a CARS

station that could have been licensed, instead, to a cable system

serving significantly more subscribers. Another option for

consideration and comment is granting PCOs and other MVPDs secondary,

but not primary, eligibility for using the 12 GHz CARS band.

14. Some PCOs currently use 18 GHz or 23 GHz to bundle data, voice,

video and other services in one package for their customers. The 12 GHz

CARS band must be used principally for the delivery of video

programming. The Notice does not propose to change the principal use of

CARS as a tool for relaying video programming between and among the

components of a cable or other eligible system. However, we seek

comment on whether and to what extent CARS licensees should be

permitted to provide voice or data using the 12 GHz CARS band provided

the principal use remains the delivery of video programming and subject

to existing technical and operating requirements.

15. The Commission, on its own motion, seeks comment on the

realignment and the reassignment of the channel frequency assignments

set forth in Section 78.18(a) of the Commission's rules to provide for

more efficient use of channels by facilitating continuous channel

transmissions. Specifically, the Notice seeks comments on: (1)

designating the unassigned guard band (12.9465-12.9525 GHz) as channel

C43, and the unassigned second guard band (13.0057-13.0125) as channel

D43; and (2) allowing CARS operators to slightly shift the frequencies

of channels C04-C10, channels D04-D10, channels E04-E10, and channels

F04-F10 to produce 6-6 MHz video channels for each channel group (i.e.,

C group, D group, E group, and F group). Currently, applicants must

seek waivers for a change in the frequency assignments pursuant to

Section 78.18 of the Commission's rules for such minor frequency shifts

and to use the guard band. The Notice also seeks comment on whether

other changes in frequency assignments are necessary to provide for

more seamless and efficient use of the CARS frequency spectrum.

Paperwork Reduction Act

The requirements proposed in this Notice have been analyzed with

respect to the Paperwork Reduction Act of 1995 and do not impose new or

modified information collection requirements on the public.

OMB Approval Number: None.

Title: In the Matter of Petition for Rulemaking To Amend

Eligibility Requirements in Part 78 Regarding 12 GHz Cable Television

Relay Service.

Type of review: None.

Initial Regulatory Flexibility Analysis: As required by Section 603

of the Regulatory Flexibility Act, 5 U.S.C. 603, the Commission is

incorporating an Initial Regulatory Flexibility Analysis (``IRFA'') of

the expected impact on small entities of the policies and proposals in

this Notice of Proposed Rulemaking. Written public comments concerning

the effect of the proposals in the NPRM, including the Initial

Regulatory Flexibility Act, on small businesses are requested. Comments

must be identified as responses to the IRFA and must be filed by the

deadlines for the submission of comments in this proceeding. The

Secretary shall send a copy of this NPRM, including the IRFA, to the

Chief Counsel for Advocacy of the Small Business Administration in

accordance with paragraph 603(a) of the Regulatory Flexibility Act.

A. Reasons Why Agency Action is Being Considered

This Notice is in response to a petition for rulemaking filed by

Optel.

B. Need for Action and Objectives of the Proposed Rule Change

The Commission undertakes this proceeding to address the spectrum

sharing and technical issues presented by Optel's petition. Optel's

petition, if granted, could increase competition to incumbent,

franchised cable operators, particularly with regard to video

programming service to multi-dwelling units. While we desire to promote

competition and innovation by allowing for new services or additional

spectrum use, we also need to consider the competing interests of the

incumbent services in the 12 GHz CARS band. The Notice notes the need

to consider the impact on PCOs of recent and pending Commission

rulemakings involving the 18 GHz band. Thus, the Notice seeks comment

on whether the proposed blanket licensing of GSO/FSS operators in the

18 GHz will unduly constrain future growth of incumbent PCO users.

C. Legal Basis

The authority for the action proposed for this rulemaking is

contained in Sections 4(i)-(j), 303(c), (f), (g), and (r), and 309(j)

of the Communications Act of 1934, as amended.

D. Description and Estimate of the Number of Small Entities Impacted

The IRFA directs the Commission to provide a description of and,

where feasible, an estimate of the number of small entities that will

be affected by the proposed rules. The IRFA defines the term ``small

entity'' as having the same meaning as the terms ``small business,''

``small organization,'' and ``small business concern'' under Section 3

of the Small Business Act. Under the Small Business Act, a small

business concern is one which: (1) is independently owned and operated;

(2) is not dominant in its field of operation; and (3) satisfies any

additional criteria established by the Small Business Administration.

Private Cable Operators

The proposal to permit PCOs to use the 12 GHz CARS band applies to

all

[[Page 41903]]

private cable system operators. The Commission has developed, with the

approval of the Small Business Administration (``SBA''), its own

definition of a small cable system operator for rate regulation

purposes. Under the Commission's rules, a ``small cable company'' is

one serving fewer than 400,000 subscribers nationwide. Based on our

most recent information, the Commission estimates that there were 3,400

private cable operators serving multiple dwelling units that qualified

as small cable companies. Some of those companies may have grown to

serve from 800,000 to 1.5 million subscribers, and others may have been

involved in transactions that caused them to be combined with other

cable operators. Consequently, the Commission estimates that there are

fewer than 3,400 small entity cable system operators that may be

affected by the decisions and rules the Commission adopts.

E. Reporting, Recordkeeping, and Other Compliance Requirements

The Commission is not proposing to impose additional reporting or

recordkeeping requirements.

F. Significant Alternatives Which Minimize the Impact on Small Entities

and Are Consistent With Stated Objectives

The NPRM solicits comments on all alternatives to Optel's request

which would minimize any adverse impact on small entities.

G. Federal Rules Which Overlap, Duplicate, or Conflict With the

Commission's Proposal

None.

H. Report to Congress

The Commission shall send a copy of this IRFA along with this

Notice in a report to Congress pursuant to the Small Business

Regulatory Enforcement Fairness Act of 1996, codified at 5 U.S.C.

801(a)(1)(A). A copy of this IRFA will also be published in the Federal

Register.

Ordering Clauses

It is ordered that, pursuant to Sections 4(i)-(j) of the

Communications Act of 1934, as amended, 47 U.S.C. 154(i)-(j), 303(c),

(f), and (r), and 309(j), notice is hereby given of the proposed

amendments to part 78 of the Commission's rules, in accordance with the

proposals, discussions, and statements of issues contained in this

Notice of Proposed Rulemaking, and that comment is sought regarding

such proposals, discussions, and statements of issues.

It is further ordered that the Commission's Office of Public

Affairs, Reference Operations Division, shall send a copy of this

Notice of Proposed Rulemaking, including the Initial Regulatory

Flexibility Analysis, to the Chief Counsel for Advocacy of Small

Business Administration, in accordance with paragraph 603(a) of this

regulatory Flexibility Act. Public Law 96-354, 94 Stat. 1164, 5 U.S.C.

601 et seq. (1981).

List of Subjects in 47 CFR Part 78

Cable television, Communications equipment.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 99-19709 Filed 7-30-99; 8:45 am]

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