[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15128]


[[Page Unknown]]

[Federal Register: June 22, 1994]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 94-74]

 

Reorganization Establishing the Cable Services Bureau

agency: Federal Communications Commission.

action: Final rule.

-----------------------------------------------------------------------

summary: The Commission is amending its Rules pertaining to 
organization in order to incorporate a reorganization establishing the 
Cable Services Bureau. The reorganization was necessary in order to 
promote a more efficient and effective organizational structure.

effective date: January 3, 1994.

for further information contact: William Johnson, Deputy Chief, Cable 
Services Division, Federal Communications Commission at (202) 416-0856.

SUPPLEMENTARY INFORMATION:

FCC 94-74

    Before the Federal Communications Commission, Washington, DC 
20554.
    In the matter of Amendment of Part 0 of the Commission's Rules 
to Reflect a Reorganization Establishing the Cable Services Bureau.

Order

Adopted: March 25, 1994
Released: April 7, 1994
    By the Commission:
    1. The Commission has before it for consideration changes in the 
organizations of the Mass Media and Cable Services Bureaus. 
Implementation of these changes requires amendments to Parts 0 and 1\1\ 
of the Commission's Rules and Regulations.
---------------------------------------------------------------------------

    \1\The amendments to Part 1 pertain to fees and have been 
incorporated in the Commission's Report and Order Implementing 
Section 9 of the Communications Act--Assessment and Collection of 
Regulatory Fees for the 1994 Fiscal Year (see Report and Order in 
the Implementation of Section 9 of the Communications Act, FCC 94-
140, released June 8, 1994), as well as in the Commission's Report 
and Order Amending the Schedule of Application Fees Set Forth in 
Sections 1.1102 through 1.1105 of the Commission's Rules (see Report 
and Order in the Amendment of the Schedule of Application Fees Set 
Forth in Sections 1.1102 through 1.1105 of the Commission's Rules, 
FCC 94-141, released June 8, 1994).
---------------------------------------------------------------------------

    2. In order to create an effective organization to administer the 
Commission's regulatory program for cable television, the Commission 
has established a new Cable Services Bureau. The rules adopted herein 
reflect the creation of this new Bureau in the rules and set forth the 
delegations of authority to the Chief of the Bureau.
    3. The amendments adopted pertain to agency organization. The prior 
notice procedure and effective date provisions of Section 553 of the 
Administrative Procedure Act are therefore inapplicable. Authority for 
the amendments adopted herein is contained in Sections 4(i), 5(b), 
5(c)(1), and 303(r) of the Communications Act of 1934, as amended.
    4. It Is Ordered, effective upon release that Part 0 of the Rules 
and Regulations are amended as set forth below.

List of Subjects in 47 CFR Part O

    Authority delegated, Inspection of records, Location of commission 
offices, Organization and functions (Government agencies).

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Final Rules

    Part 0 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for Part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

    2. Section 0.5 is amended by adding a new paragraph (a)(14) to read 
as follows:


Sec. 0.5  General description of Commission organization and 
operations.

    (a) * * *
    (14) Cable Services Bureau.
* * * * *
    3. Section 0.61 is amended by revising paragraph (a); removing 
paragraph (h) and paragraphs (j) through (n); and redesignating 
paragraph (i) as paragraph (h) to read as follows:


Sec. 0.61  Functions of the Bureau.

* * * * *
    (a) Process applications for authorizations in radio and television 
services, including conventional and auxiliary broadcast services, and 
direct broadcast satellite services.
* * * * *
    4. Section 0.101 is added to Subpart A to read as follows:
Cable Services Bureau


Sec. 0.101  Functions of the Bureau.

    The Cable Services Bureau develops, recommends and administers 
policies and programs with respect to the regulation of services, 
facilities, rates and practices of cable television systems and with 
respect to the creation of competition to cable systems. The Bureau has 
the following duties and responsibilities:
    (a) Administer and enforce cable television related rules and 
policies including those relating to rates, technical standards, 
customer service, ownership, competition to cable systems, broadcast 
station signal retransmission and carriage, program access, wiring, 
equipment, channel leasing, and federal-state/local regulatory 
relationships.
    (b) Plan and develop proposed rulemakings and conduct studies and 
analyses (legal, engineering, social and economic) of various petitions 
for policy or rule changes submitted by industry or the public.
    (c) Conduct studies and compile data relating to cable television 
operation necessary for the Commission to develop and maintain an 
adequate regulatory program.
    (d) Advise and assist the public, other government agencies and 
industry groups on cable television regulation and related matters.
    (e) Administer financial and other reporting systems.
    (f) Investigate complaints and answer general inquiries from the 
public regarding cable television service.
    (g) Participate in hearings before the Administrative Law Judges, 
the Review Board and the Commission.
    (h) Process applications for authorizations in the Cable Television 
Relay Service.
    5. Section 0.284 is amended by removing and reserving paragraph 
(a)(10).
    6. Section 0.321, including heading ``CABLE SERVICES BUREAU'' is 
added to Subpart B to read as follows:
Cable Services Bureau


Sec. 0.321  Authority delegated.

    The Chief, Cable Services Bureau is delegated authority to perform 
all functions of the Bureau, described in Sec. 0.101, including the 
authority but subject to the limitations set forth below:
    (a) The Chief, Cable Services Bureau shall have authority to:
    (1) Act on all applications for authorization, petitions for 
special relief, petitions to deny, waiver requests, objections, 
complaints, and requests for declaratory rulings and stays in the cable 
television services, that do not involve novel questions of fact, law 
or policy that cannot be resolved under existing precedents and 
guidelines;
    (2) Act, after Commission assumption of jurisdiction to regulate 
cable television rates for basic service and associated equipment, on 
cable operator requests for approval of existing or increased rates;
    (3) Review appeals of local franchising authorities' rate making 
decisions involving rates for the basic service tier and associated 
equipment, except when such appeals raise novel or unusual issues;
    (4) Act upon complaints involving cable programming service rates 
except for final action on complaints raising novel or unusual issues;
    (5) Evaluate basic rate regulation certification requests filed by 
cable system franchising authorities;
    (6) Periodically review and, when appropriate, revise standard 
forms used in administering:
    (i) The Commission's complaint process regarding cable programming 
service rates;
    (ii) The certification process for local francishing authorities 
wishing to regulate rates, and
    (iii) The substantive rate regulation standards prescribed by the 
Commission.
    (b) The Chief, Cable Services Bureau shall not have authority to:
    (1) Designate for hearing any formal complaints that present novel 
questions of fact, law or policy that cannot be resolved under existing 
precedents or guidelines;
    (2) Impose, reduce, or cancel forfeitures pursuant to section 
503(b) of the Communications Act of 1934, as amended, in amounts of 
more than $20,000;
    (3) Act upon any applications for review of actions taken by the 
Chief, Cable Services Bureau pursuant to any delegated authority which 
comply with Sec. 1.115 of this chapter;
    (4) Issue notices of proposed rulemaking, notices of inquiry or to 
issue report and orders arising from either of the foregoing, except 
that the Chief, Cable Services Bureau shall have authority to issue 
notices of rulemaking and report and orders redesignating market areas 
in accordance with section 614(f) of the Communications Act of 1934, as 
amended;
    (5) Act on any applications in the Cable Television Relay Service 
that present novel questions of fact, law, or policy that cannot be 
resolved under existing precedents and guidelines.
    7. Section 0.325 is added to Subpart B to read as follows:


Sec. 0.325  Record of actions taken.

    The original file, the station file, and other appropriate files 
are designated to be the official record of the action taken by the 
Chief of the Cable Services Bureau.
    8. Section 0.453 is amended by revising paragraph (a) introductory 
text, (a)(1) and (a)(4); and adding new paragraphs (a)(5) through 
(a)(7) to read as follows:


Sec. 0.453  Public reference rooms.

* * * * *
    (a) The FCC Reference Center. The following documents, files and 
records are available for inspection at this location.
    (1) Files containing the record of all docketed cases. A file is 
maintained for each docketed hearing case and for each docketed rule 
making proceeding. Cards summarizing the history of such cases are 
available for inspection.
* * * * *
    (4) All complaints regarding cable programming rates, all documents 
filed in connection therewith, and all communications related thereto, 
unless the cable operator has submitted a request pursuant to 
Sec. 0.459 that such information not to be made routinely available for 
public inspection.
    (5) All cable operators requests for approval of existing or 
increased cable television rates for basic service and associated 
equipment over which the Commission has assumed jurisdiction, all 
documents filed in connection therewith, and all communications related 
thereto, unless the cable operator has submitted a request pursuant to 
Sec. 0.459 that such information not be made routinely available for 
public inspection.
    (6) Special relief petitions and files pertaining to cable 
television operations.
    (7) Cable television system reports filed by operators pursuant to 
Sec. 76.403 of this chapter.
* * * * *
    9. Section 0.455 is amended by revising paragraphs (a) introductory 
text, (a)(1) and (a)(5); removing paragraphs (a)(6), (a)(11) and 
(a)(12); redesignating paragraphs (a)(7) through (a)(10) as paragraphs 
(a)(6) through (a)(9); and adding new paragraph (d) to read as follows:


Sec. 0.455  Other locations at which records may be inspected.

* * * * *
    (a) Mass Media Bureau.
    (1) Applications for broadcast authorizations and related files are 
available for public inspection in the FCC Reference Center. See 
Sec. 0.453(a)(2). Certain broadcast applications, reports and records 
are also available for inspection in the community in which the station 
is located or is proposed to be located. See Sec. 73.3526 and 73.3527 
of this chapter.
* * * * *
    (5) Annual employment reports filed by licensees and permittees of 
broadcast stations pursuant to Sec. 73.3612 of this chapter and cable 
television systems pursuant to Sec. 76.77 of this chapter.
* * * * *
    (d) Cable Services Bureau. Correspondence and other actions and 
decisions relating to cable television services that are not filed in 
the FCC Reference Center.
* * * * *
[FR Doc. 94-15128 Filed 6-21-94; 8:45 am]
BILLING CODE 6712-01-M