Cable Home Wiring

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[MM Docket No. 92-260; FCC 95-503]

Cable Home Wiring

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Further Notice of Proposed Rulemaking (``FNPRM'') requests

comment on wiring issues concerning loop-through wiring and the right

of persons other than the subscriber to purchase cable home wiring. The

FNPRM will assist the Commission in devising additional regulations in

this area.

DATES: Written comments by the public on the proposed and/or modified

information collections are due March 18, 1996. Interested parties may

file comments on or before March 18, 1996 and reply comments on or

before April 17, 1996. Written comments must be submitted by OMB on the

proposed and/or modified information collections on or before April 16,

1996.

ADDRESSES: In addition to filing comments with the Secretary, a copy of

any comments on the information collections contained herein should be

submitted to Dorothy Conway, Federal Communications Commission, Room

234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to

[email protected], and to Timothy Fain, OMB Desk Officer, 10236 NEOB,

725--17th Street, N.W., Washington, D.C. 20503 or via the Internet to

[email protected].

FOR FURTHER INFORMATION CONTACT: Lynn Crakes or Rick Chessen, Cable

Services Bureau, (202) 416-0800. For additional information concerning

the information collections contained in this Order and FNPRM contact

Dorothy Conway at 202-418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Further Notice of Proposed

Rulemaking in MM Docket No. 92-260, FCC No. 95-503, adopted December

15, 1995 and released January 26, 1996.

I. Further Notice of Proposed Rulemaking

A. Multiple Dwelling Unit Buildings with Loop-Through Wiring

FNPRM contact

Dorothy Conway at 202-418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Further Notice of Proposed

Rulemaking in MM Docket No. 92-260, FCC No. 95-503, adopted December

15, 1995 and released January 26, 1996.

I. Further Notice of Proposed Rulemaking

A. Multiple Dwelling Unit Buildings with Loop-Through Wiring

1. We solicit comment on Liberty's request that the Commission

require cable operators to allow a building owner to purchase loop-

through wiring in the limited situation where all subscribers in a

multiple dwelling unit building want to switch to a new service

provider. We ask whether we should apply the same rules regarding

compensation (i.e., wiring may be purchased at the per-foot replacement

cost) and technical standards to loop-through wiring that we now apply

to non-loop-through wiring. We solicit comment on the appropriate

demarcation point for this limited application of the home wiring

rules. We note, however, that we are concerned with allowing the

multiple dwelling unit building owner to control the wiring since such

control could arguably supersede subsequent subscribers' wishes. We

therefore solicit comment on how to apportion control of a loop-through

wiring system, including how to assure that subscribers have a choice

of multichannel video programming service providers. We

further solicit comment on whether we should prohibit future

installations of loop-through wiring configurations, and whether we

have the statutory authority to do so.

B. Others' Rights to Cable Home Wiring

solicit comment on how to apportion control of a loop-through

wiring system, including how to assure that subscribers have a choice

of multichannel video programming service providers. We

further solicit comment on whether we should prohibit future

installations of loop-through wiring configurations, and whether we

have the statutory authority to do so.

B. Others' Rights to Cable Home Wiring

2. We solicit comment on several issues raised in this proceeding

regarding the rights of persons other than the subscriber or the cable

operator to cable home wiring. For instance, it has been asserted that

the Commission's cable home wiring rules do not apply when the owner of

a multiple dwelling unit building terminates cable service for the

entire building in favor of an alternative multichannel video

programming service provider. According to the record, at least one

cable operator has contended that no ``voluntary termination by the

subscriber,'' as provided in Section 76.802 of our rules, has occurred

when it is the building owner or condominium association that

terminates the service, or at least that the subscriber has not

voluntarily terminated the cable service. In order to promote the goals

of Section 16(d) and our rules thereunder, it may be appropriate for

the subscriber (where there is a non-loop-through wire configuration)

or the building owner (where there is a loop-through wire

configuration) to be given the opportunity to purchase the cable home

wiring under these circumstances. We request comment on this matter. In

addition, we seek comment on whether this right of a building owner

with a loop-through system should only apply if all of the individual

subscribers want to terminate service and switch to a new video service

provider, as described in Section III.A. above.

3

ration) to be given the opportunity to purchase the cable home

wiring under these circumstances. We request comment on this matter. In

addition, we seek comment on whether this right of a building owner

with a loop-through system should only apply if all of the individual

subscribers want to terminate service and switch to a new video service

provider, as described in Section III.A. above.

3. In addition, we ask for comment on the disposition of the cable

home wiring in the event that a subscriber terminates cable service,

elects not to purchase the wire and vacates the premises within the

time period the operator has to remove the home wiring. Apparently some

cable operators believe that our rule providing that the cable operator

must remove the wire within 30 days (now seven business days) or make

no subsequent attempt to remove it or to restrict its use does not

apply if the subscriber vacates the premises before the 30-day (now

seven-business-day) period elapses. We believe that, as long as the

cable operator has been allowed access to the premises to remove its

wiring if it so wishes, whether the subscriber vacates the premises has

no bearing on the application of our rules, and that the cable operator

must therefore remove the wire within seven business days of the

subscriber's termination of service, or make no subsequent attempt to

remove it or to restrict its use, regardless of who subsequently

resides in the premises. We request comment on this matter.

Furthermore, we seek comment on whether, when the subscriber

voluntarily terminating cable service does not own the premises, the

premises owner should have the right to purchase the cable home wiring

if and only if the subscriber elects not to purchase the wire.

II. Initial Regulatory Flexibility Act Analysis for the Further

Notice of Proposed Rulemaking

. We request comment on this matter.

Furthermore, we seek comment on whether, when the subscriber

voluntarily terminating cable service does not own the premises, the

premises owner should have the right to purchase the cable home wiring

if and only if the subscriber elects not to purchase the wire.

II. Initial Regulatory Flexibility Act Analysis for the Further

Notice of Proposed Rulemaking

4. Pursuant to Section 603 of the Regulatory Flexibility Act, the

Commission has prepared the following initial regulatory flexibility

analysis (``IRFA'') of the expected impact of these proposed policies

and rules on small entities. Written public comments are requested on

the IRFA. These comments must be filed in accordance with the same

filing deadlines as comments on the rest of the FNPRM, but they must

have a separate and distinct heading designating them as responses to

the regulatory flexibility analysis. The Secretary shall cause a copy

of the FNPRM, including the IRFA, to be sent to the Chief Counsel for

Advocacy of the Small Business Administration in accordance with

Section 603(a) of the Regulatory Flexibility Act, Pub. L. No. 96-354,

94 Stat. 1164, 5 U.S.C. Sec. 601 et seq. (1981).

5. Reason for Action. Section 16(d) of the Cable Television

Consumer Protection and Competition Act of 1992 requires the Commission

to prescribe rules and regulations regarding the disposition of cable

wiring within the subscriber's premises after the subscriber terminates

service. This FNPRM proposes to allow the multiple dwelling unit

building owner to purchase the loop-through cable wiring in the

situation where all subscribers on a loop in a multiple dwelling unit

building want to simultaneously switch to the same alternative

multichannel video programming service provider

bers from

unnecessary disruption and expense caused by the removal of home wiring

and to allow subscribers to use the wiring for an alternative

multichannel video programming service provider.

7. Legal Basis. Action as proposed for this rulemaking is contained

in Sections 1, 4(i), 4(j) and 624(i) of the Communications Act of 1934,

as amended, 47 U.S.C. Sec. 151, 154(i), 154(j) and 544(i).

8. Description, Potential Impact and Number of Small Entities

Affected. The proposals, if adopted, will not have a significant effect

on a substantial number of small entities.

9. Reporting, Recordkeeping and Other Compliance Requirements.

None.

10. Federal Rules which Overlap, Duplicate or Conflict with these

Rules. None.

11. Any Significant Alternatives Minimizing Impact on Small

Entities and Consistent with Stated Objectives. None.

III. Ordering Clauses

12. It is ordered that, pursuant to Sections 4(i), 4(j) and 624(i)

of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i),

154(j) and 544(i), notice is hereby given of proposed amendments to

Part 76, in accordance with the proposals, discussions, and statement

of issues in this Further Notice of Proposed Rulemaking, and that

comment is sought regarding such proposals, discussion, and statement

of issues. Pursuant to applicable procedures set forth in Sections

1.415 and 1.419 of the Commission's Rules, 47 C.F.R. Secs. 1.415 and

1.419, interested parties may file comments on or before March 18, 1996

and reply comments on or before April 17, 1996. To file formally in

this proceeding, you must file an original plus four copies of all

comments, reply comments, and supporting comments. If

issues. Pursuant to applicable procedures set forth in Sections

1.415 and 1.419 of the Commission's Rules, 47 C.F.R. Secs. 1.415 and

1.419, interested parties may file comments on or before March 18, 1996

and reply comments on or before April 17, 1996. To file formally in

this proceeding, you must file an original plus four copies of all

comments, reply comments, and supporting comments. If

you want each Commissioner to receive a personal copy of your comments

and reply comments, you must file an original plus nine copies. You

should send comments and reply comments to Office of the Secretary,

Federal Communications Commission, 1919 M Street, N.W. Washington, D.C.

20554. Comments and reply comments will be available for public

inspection during regular business hours in the FCC Reference Center,

Room 239, Federal Communications Commission, 1919 M Street N.W.,

Washington D.C. 20554.

13. It is further ordered that the Secretary shall send a copy of

this Further Notice of Proposed Rulemaking, including the Initial

Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of

the Small Business Administration in accordance with paragraph 603(a)

of the Regulatory Flexibility Act, Pub. L. No. 96-354, 94 Stat. 1164, 5

U.S.C. 601 et seq. (1981).

List of Subjects in 47 CFR Part 76

Cable television.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96-3127 Filed 2-15-96; 8:45 am]

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