1998 Biennial ReviewPart 76 Cable Television Service Pleading and Complaint Rules

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[CS Docket No. 98-54; FCC 99-258]

1998 Biennial Review--Part 76 Cable Television Service Pleading

and Complaint Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; denial.

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SUMMARY: By this document, the Commission denies the petition by

EchoStar Communications Corporation to reconsider changes made to the

procedural rules for filing petitions and complaints pursuant to part

76.

[[Page 54855]]

EchoStar argues that the changes imposed new obligations on part 76

complainants. The Commission finds that the rule changes clarify the

procedural requirements of the existing rules, but do not impose any

new obligations.

FOR FURTHER INFORMATION CONTACT: Thomas Horan, Cable Services Bureau,

(202) 418-7200.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order

on Reconsideration in CS Docket No. 98-54, FCC 99-258, adopted

September 23, 1999, released September 29, 1999. The complete text may

be purchased from the Commission's copy contractor, International

Transcription Services, 1231 20th Street, NW, Washington, DC 20036,

telephone (202) 857-3800, facsimile (202) 857-3805. Alternative formats

(computer diskette, large print, audio cassette, and Braille) are

available to persons with disabilities by contacting Martha Contee at

(202) 418-0260, TTY (202) 418-2555, or [email protected]. The full text

of the Order on Reconsideration is available for inspection and copying

during normal business hours in the FCC Reference Center, 445 12th St.,

SW, Room CY-A257, Washington, DC 20054. The full text of the Order on

Reconsideration can also be downloaded at: http://www.fcc.gov/Bureaus/

Cable/Orders/1999/fcc99258.txt or http://www.fcc.gov/Bureaus/Cable/

Orders/1999/fcc99258.wp

Summary of the Order on Reconsideration

1. EchoStar Communications Corporation (EchoStar) filed a petition

requesting that the Commission reconsider recent amendments to 47 CFR

76.1003(f), 76.1302(e), and 76.1513(g). These amendments and several

other rule changes were adopted in the Commission's Report and Order in

this proceeding, 64 FR 6565 (February 10, 1999). The amendments at

issue clarified the time period for filing complaints pursuant to the

existing program access, program carriage and open video system rules.

EchoStar argues that the amendment of these rules is inconsistent with

the Administrative Procedure Act (APA) because substantive changes,

imposing new obligations on part 76 complainants, were made to the

Commission's rules without providing notice and opportunity for

comment.

2. In denying the petition, the Commission finds that the

amendments conform with the APA requirements. Section 553 of the APA (5

USC 553) excepts interpretative and procedural rules from the notice

and comment requirements. The amendments are not substantive rule

changes that impose new obligations, but at most clarify how to file

complaints under the existing rules, and thus, are interpretive and/or

procedural rules that are excepted from the notice and comment

requirements.

List of Subjects in 47 CFR Part 76

Cable television.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 99-26120 Filed 10-7-99; 8:45 am]

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