[Congressional Record Volume 140, Number 15 (Tuesday, February 22, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: February 22, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
CONGRATULATIONS TO THE FEDERAL COMMUNICATIONS COMMISSION
Mr. METZENBAUM. Mr. President, first, permit me to express my
appreciation to the manager of the Talbott nomination for allowing me
to have this time.
I speak on a totally different subject. I come to the floor to
congratulate the Federal Communications Commission for ordering a
further reduction in cable rates. But I warn all cable consumers that
you will not see that reduction unless you or a local official in your
community file a formal complaint with the FCC quickly.
The FCC today did deliver very good news to cable customers. It
ordered an additional 7 percent reduction in cable rates, added to the
10 percent already ordered. That is good news and the FCC is to be
commended. The reason for this action is that not enough Americans saw
the promised decreases in their cable bills after the 1992 Cable Act
became law. As a matter of fact, too many of them saw increases. They
were supposed to get decreases; they got increases. Too many cable
companies looked for and found loopholes in the Cable Act and used
those loopholes to raise the cost of cable service.
So today the FCC did something about it: It modified its rules
governing the regulation of cable television service under the 1992
Cable Act to close those loopholes and make sure that all Americans get
the rate reduction we, in Congress, promised. I applaud the FCC's
action to date. As a matter of fact, earlier on, I had spoken with both
Chairman Reed Hunt and Commissioner Quello and am pleased that the
Commission took these steps. It was in the public's interest.
I told the Chairman and Commissioner Quello that many of us believe
that the cable companies actually are overcharging by as much as 28
percent, and I expressed my hope that the FCC would consider additional
reductions in the future.
However, I rise today to alert my colleagues and consumers
nationwide: These rate reductions will not go into effect unless cable
subscribers or local officials file a complaint form at the FCC on or
before February 28.
The FCC has acted, but unless a formal complaint is filed by
individuals or by the mayors of the respective cities throughout the
country, those communities will not get the benefit of the FCC's
action.
Today's FCC decision will not bring cable rates down automatically.
Cities must certify that their local cable monopolies should be
regulated and local officials or cable subscribers must file a
complaint alleging that cable prices are unreasonably high, and they
must be filed with the FCC.
Last week, I wrote to the mayors of the 200 largest cities in the
country and mayors throughout my State of Ohio to urge them to file
their complaints before the February 28 deadline. I included complaint
forms in my letters to mayors nationwide. But anyone watching today on
C-SPAN or reading the morning papers, can take action by themselves by
contacting your local mayor or the FCC directly. Contact officials in
your community. Make sure what they have to do to meet that fast-
approaching filing deadline.
To the best of my recollection, I cannot think of anything similar to
this in my public or private life: an instance where individuals or a
community must act before a certain date, or a rate reduction to which
they are entitled will be foreclosed. But that is the way it is. If
complaint forms are not filed next week for your community, you may not
receive the full range of cable rate reductions you deserve, and as we
in Congress promised.
I say to my colleagues, let those in your communities know, let them
know that these rate reductions are available, but that they will not
come about unless the formal complaint is filed.
I hope that cable subscribers who are watching the Senate's
deliberations and who believe they are being overcharged for their
cable service will immediately check with officials in their
communities to ensure that a certification form has been completed and
a complaint has been filed on their behalf. It would be a horrible
shame if consumers who deserve the 17 percent rate reductions that the
FCC now promises are denied relief simply because their city did not
file a timely complaint.
Mr. President, I ask unanimous consent that a copy of my letter to
one of the mayors be printed in the Record, as well as a copy of the
complaint form that should be used by the mayors of this country in
filing a complaint.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, February 15, 1994.
Hon. Richard Watkins,
Mayor, Canton, OH.
Dear Mayor Watkins: I am writing to alert you to a fast-
approaching filing deadline in the 1992 Cable Act that
triggers potential rate reductions for all cable subscribers
in your community. If complaint forms are not filed in the
next two weeks, citizens in your community may not receive
cable rate reductions that they deserve.
Through its implementation of the Cable Act, the Federal
Communications Commission (FCC) has determined that cable
rates are at least 10 to 15 percent above a ``reasonable''
level and should therefore be reduced. Many telephone
companies and consumer groups claim cable rates should be
reduced 28 percent, and the FCC is still considering making
deeper cuts in rates.
However, none of these rate reductions are self-executing.
Local officials must certify to the FCC that their cable
company is a monopoly charging unreasonably high basic rates.
In addition, ``expanded basis'' service and all other non-
basic tiers of service can only be regulated if subscribers
or local officials file a timely complaint with the FCC,
alleging that rates are unreasonable.
Under the Cable Act, if complaints are not filed by the end
of February (i.e., 180 Days after the FCC regulations took
effect), consumers and local officials will not be able to
demand or receive the rate reductions that the FCC has
determined are necessary to bring ``cable programming
service'' rates down to a reasonable level (see attached
Washington Post Article). I am concerned that many local
officials and consumers are unaware of this deadline and
will, as a result, be denied rate reductions they deserve.
If you believe that citizens in your community are being
charged unreasonably high cable rates, I urge you to preserve
their right to a potentially substantial rate reduction by
completing and filing the enclosed complaint form with your
cable company and the FCC.
Very sincerely yours,
Howard M. Metzenbaum,
____
U.S. Senator.
[Federal Communications Commission Washington, DC]
Cable Programming Service Rate Complaint Form
(Please read the attached instructions before completing this form)
1. Your name; street address; city; State; Zip code;
daytime phone number (optional).
2. Franchising authority name; street address; city; State;
Zip code. The name of your franchising authority should
appear on your cable bill. If not, contact your cable company
or local government for this information.
3. Cable system name; street address; city; State; Zip
code. If you are complaining about the rates charged by more
than one cable system, you must complete and file a separate
system, you must complete and file a separate FCC Form 329
for each system.
4. What is the FCC's community unit identifier for your
cable system? This is a two letter abbreviation followed by
four numbers--for example, PA0000--that should appear on your
cable bill. If it does not, leave this space blank.
5. Have you previously filed a complaint against this cable
system? Yes; No; month, day, year.
If yes, was your complaint returned to you by the FCC with
a request for additional information? Yes; No; month, day,
year.
6. A rate increase may occur when your cable company
increases the price for your cable programming service and/or
changes the number or types of channels you receive.
Complaints about rate increases for cable programming
services or related equipment must be received by the FCC
within 45 days from the date you first received a bill
showing the rate increase. (There is one exception to this
rule. if you are challenging a rate that was in effect on
September 1, 1993, you have until February 28, 1994 to file a
complaint about that rate.) Late-filed complaints will be
returned and your cable company will not be required to file
a response to your complaint, so be sure to file your
complaint within 45 days of the first time your bill includes
the rate increase.
When did you first receive a bill reflecting the rate
increase you are complaining about? (If you are complaining
about a rate in effect on September 1, 1993, please enter
``9/1/93'' in this box.) Month, day, year.
7. What is your current monthly rate for cable programming
service?
If you are complaining about a rate increase, what was your
previous monthly rate for cable programming service?
8. Have any channels been added to or dropped from your
cable programming service since your last bill?
a. Yes, channels have been added
b. Yes, channels have been dropped
c. No, there has been no change
9. If you are a cable subscriber, you must attach a copy of
your current cable bill or we will not be able to process
your complaint. You may attach a copy of your previous cable
bill as well; however, this is not required.
10. You may attach any additional comments or explanations
to this form.
11. You must send copies of this complaint, your cable bill
and any additional comments to your cable company and to your
local franchising authority at the addresses you listed above
by first class mail, postage prepaid, on the same data you
sent this complaint to the FCC. if you do not send the
copies, your cable company will not be required to respond
and we will not be able to process your complaint.
On what date did you send the copies? Month, day, year.
12. By signing this form, I certify:
a. That to the best of my knowledge, the information
supplied on this form is true and correct; and
b. That I am sending a copy of this complaint, including a
copy of my cable bill and any additional comments, to the
cable company and the local franchising authority at the
address listed above via first class mail, postage prepaid.
This form must be signed or we will not be able to process
your complaint. Signature, date.
13. Mail or FAX the original signed copy of this completed
form, with a copy of your cable bill and any additional
comments, to: Federal Communications Commission, Attention:
Cable Programming Service Rate Complaint P.O. Box 18958
Washington, D.C. 20036. FAX Number: (202) 416-0885 (For FCC
Form 329 only).
Remember also to mail copies of the form, with a copy of
your cable bill and any additional comments, to your cable
company and your local franchising authority.
Your participation is critical to the implementation of the
Cable Act.
____
FCC 329--CABLE PROGRAMMING SERVICE RATE COMPLAINT FORM INSTRUCTIONS
The Federal Communications Commission (FCC) investigates
the reasonableness of rates for cable programming service
based on complaints filed by subscribers and local and state
governments. By filing this form, you begin an investigation
of your cable system's rate for cable programming service.
Therefore, your participation is critical to the enforcement
of the FCC's cable rate regulations.
Please read the following information before completing the
attached Cable Programming Service Rate Complaint Form.
who regulates cable rates?
When you subscribe to cable television, your cable system
offers you the option of choosing from among different
programming packages. Some packages are regulated by the FCC
and others by your local franchising authority.
The Federal Communications Commission is the federal
administrative agency charged with regulating communications
by radio, television wire, satellite and cable.
A franchising authority is the local municipal, county or
other government organization that regulates your cable
television service at the state or local level. The name of
your local franchising authority should be on the front or
back of your current cable bill. If the information is not on
your bill, contact your cable company or your local
government.
what do local franchising authorities regulate?
In most instances, your local franchising authority is
responsible for regulating:
Rates for basic cable service, equipment used to receive
basic cable service, and installation and service charges
related to basic service. The term ``basic service'' refers
to the lowest level of cable service you can buy, and is the
program package that includes signals from local television
stations (such as ABC, NBC and CBS affiliates and independent
television stations) and public, educational and governmental
access channels. Your cable system may use other terms to
describe this service.
Customer service--for instance, complaints about bills, a
cable system's response to inquiries about signal quality and
a cable system's response to service requests.
Franchise fees--the fees paid by the cable system to the
franchising authority for the right to offer cable service.
You should contact your local franchising authority if you
believe your rates for basic service related equipment or
installation are unreasonable. Your local franchising
authority will tell you if it is not responsible for
regulating these rates.
You should contact your local franchising authority, and
not the FCC, with complaints regarding customer service and
franchise fees.
what cable rates does the fcc regulate?
The FCC regulates the rates you pay for certain programming
that the FCC refers to as cable programming service. ``Cable
programming service'' includes all program channels on your
cable system that are not included in basic service and are
not separately offered as pay-per-channel programming or pay-
per-program services.
The FCC also regulates rates for equipment used solely to
receive cable programming service and installation and
service charges related solely to cable programming service.
However, since most equipment used to receive cable
programming service is also used to receive basic service,
equipment complaints should generally be directed to your
local franchising authority.
are there some rates that neither the fcc nor local franchising
authorities regulate?
Yes. Neither the FCC nor your local franchising authority
regulates rates for pay-per-channel programming (for
instance, a premium movie channel such as HBO or Showtime)
and pay-per-program services (for instance, pay-per-view
sports events). Therefore, you should not file a complaint
about these services with the FCC or your local franchising
authority.
who should fill out this form?
You should fill out this form and submit it to the FCC if
you are a cable subscriber wishing to file a complaint with
the FCC about rates for cable programming service, related
equipment or installation. Franchising authorities and other
relevant state or local governments may also sue this form to
file a complaint with the FCC about rates for cable
programming service, related equipment or installation.
how does the complaint process work?
Your complaint begins a legal process that requires your
cable company to demonstrate that its rates are reasonable
under the law.
The FCC requires your cable company to respond in writing
to your complaint within thirty days of the date you file
your complaint, unless your cable company is notified by the
FCC that your complaint cannot be processed. In its response,
your cable company must show that its rates are reasonable
under the law. The cable company must provide you with a copy
of its response. The FCC will examine the information
submitted by the cable company and determine whether its
rates for cable programming service are too high. If so, the
FCC may order a refund and/or a rate reduction for the cable
programming service. You and the franchising authority will
receive a copy of the FCC's final ruling on the
reasonableness of the cable programming service rate charged
by your cable company.
Your complaint will be maintained by the FCC under the
cable company's community unit identifier, which is a number
assigned to each cable system by the FCC administrative
purposes. This number should appear on your cable bill. Your
complaint will not be filed under your name. If you have a
question concerning the status of your complaint, you may
call (202) 416-0919. Please be prepared to tell us the name
of the cable system and the name of the community where the
cable system is located.
how to fill out this form
1. You should use this form only to complain about rates
for cable programming service, related equipment or
installation, as described above.
2. In order to complete this form, you will need a copy of
your current cable bill and the name and address of your
local franchising authority. The name and address of your
local franchising authority should appear on the front or
back of your cable bill. If it does not, you must contact
your cable company or your local government to obtain this
information. We cannot process your complaint unless you
include this information!
3. You may ask your local franchising authority for
assistance in filling out this form. You may also attach a
statement from your local franchising authority describing
its views about the cable programming service rate in
question. However, this is not a requirement.
4. Please fill in all information requested on this form.
If you do not do so, we may not be able to process your
complaint.
5. By submitting this form, you are stating your belief
that your cable company's rates for your cable programming
service, related equipment or installation are unreasonable.
6. If you have any questions about how to fill out this
form, you may call the FCC at (202) 416-0902.
fcc notice to individuals required by the privacy act and the paperwork
reduction act
The solicitation of personal information in this form is
authorized by the Communications Act of 1934, as amended. The
Commission will use the information provided in this form to
determine the reasonableness of a cable company's rates. In
reaching that determination, or for law enforcement purposes,
it may become necessary to provide personal information
contained in this form to another government agency. All
information provided in this form will be available for
public inspection. Your response is required to initiate and
pursue your complaint.
Public reporting burden for this collection of information
is estimated to average 45 minutes including the time for
reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
the burden, to the Federal Communications Commission, Records
Management Division, AMD-PIRS, Washington, DC 20554, and to
the Office of Management and Budget, Paperwork Reduction
Project (3060-0549), Washington, DC 20503. Do not send
completed form to these addresses.
The foregoing notice is required by the Privacy Act of
1974, P.L. 93-579, December 31, 1975, 5 U.S.C. 522(A)(e)(3)
and the Paperwork Reduction Act of 1980, P.L. 96-511,
December 11, 1980, 44 U.S.C. 3507.
Mr. METZENBAUM. Mr. President, I yield back the remainder of my time.
I express to my colleague and friend from Rhode Island my appreciation
for his making time available to me.
Mr. PELL. I thank the Senator from Ohio.
____________________