[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.

                          ____________________