[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Proposed Rules]
[Pages 17763-17764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8701]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 63
[CC Docket No. 87-266; FCC 94-269]
Telephone Company-Cable Television Cross-Ownership Rules
AGENCY: Federal Communications Commission.
ACTION: Public Notice seeking comment in connection with the Fourth
Further Notice of Proposed Rulemaking.
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SUMMARY: In a Public Notice in Common Carrier Docket 87-266, the Common
Carrier Bureau and the Cable Services Bureau requested information and
comment on the possible grant of blanket Section 214 authorizations.
DATES: Comments must be submitted on or before April 21, 1995. Reply
comments are due on May 1, 1995.
ADDRESSES: Comments and reply comments may be mailed to the Office of
the Secretary, Federal Communications Commission, 1919 M Street NW.,
Washington, D.C. 20554. A copy of each filing should also be filed with
Peggy Reitzel of the Common Carrier Bureau, and James Yancey of the
Cable Services Bureau.
FOR FURTHER INFORMATION CONTACT: Mindy J. Ginsburg, (202) 418-1591,
Common Carrier Bureau, Policy and Program Planning Division, and Larry
[[Page 17764]] Walke, (202) 416-0847, Cable Services Bureau.
SUPPLEMENTARY INFORMATION: This is Public Notice, DA 95-665, in Common
Carrier Docket 87-266: Telephone Company-Cable Television Cross-
Ownership Rules, Sections 63.54-63.58, released April 3, 1995. The
complete text of this Public Notice is available for inspection and
copying, Monday through Friday, 9:00 a.m.-4:30 p.m., in the FCC
Reference Room (Room 239), 1919 M Street NW., Washington, D.C. 20554.
The complete text of the Public Notice may also be purchased from the
Commission's copy contractor, International Transcription Services,
2100 M Street NW., Suite 140, Washington D.C. 20037, (202) 857-3800.
Supplemental Comments Sought on Possible Grant of Blanket Section 214
Authorization
Released: April 3, 1995.
As announced on March 17, 1995, any telephone company against whom
the Commission is not enforcing the cable television/telephone company
cross-ownership ban need not obtain a waiver of the ban from the
Commission in order to construct or acquire a cable television system
within its local service area. See Public Notice, DA 95-520, March 17,
1995; and Correction, DA 95-722, April 3, 1995. See also 47 U.S.C.
533(b). A telephone company must, however, continue to obtain from the
Commission a certificate of public convenience and necessity under
Section 214 of the Communications Act before constructing or acquiring
a cable television system within its local service area. See C.F.R.
Secs. 63.01, 63.08, and 63.09. See generally General Telephone Company
of the Southwest v. United States, 449 F.2d 846 (5th Cir. 1971).
This Public Notice seeks supplemental comments to assist the
Commission in reviewing the record in response to the Fourth Further
Notice of Proposed Rulemaking, FCC 95-20, CC Docket No. 87-266
(released January 20, 1995) (60 FR 8996, February 16, 1995). By this
Public Notice, the Common Carrier Bureau and the Cable Services Bureau
seek supplemental comment on whether any telephone company against whom
the Commission is not enforcing the cable television/telephone company
cross-ownership ban should be granted blanket Section 214 authorization
to construct or acquire a cable television system within its local
service area, and, if so, how the relevant rules should be amended. The
Bureaus also seek supplemental comment on whether such blanket Section
214 authorization should apply both when the cable television facility
is used also to provide telephone services, and when the facility is
used to provide only cable television services. Furthermore, comment is
sought on what, if any, other circumstances warrant granting
consideration of such blanket Section 214 authorization when a
telephone company provides video programming in its service area, on
any other methods for streamlining the Section 214 applications
process, and on how the relevant rules should be amended. See, e.g.,
Blanket Section 214 Authorization for Provision by a Telephone Common
Carrier of Lines for its Cable Television and Other Non-Common Carrier
Services Outside its Telephone Service Area, 49 FR. 21333 (1984). While
comments may already have been filed on these issues, we believe that
the record would be enhanced by providing an opportunity for
supplemental comment.
Pursuant to applicable procedures set forth in Sections 1.415 and
1.419 of the Commission's rules, 47 C.F.R. 1.415 and 1.419, inserted
parties may file comments on or before April 21, 1995 and reply
comments on or before May 1, 1995. To file formally in this proceeding,
parties must file an original and four copies of all comments, reply
comments, and supporting comments. Parties wanting each Commissioner to
receive a personal copy of their comments must file an original plus
nine copies. Comments and reply comments should be sent to the Office
of the Secretary, Federal Communications Commission, Washington, D.C.
20554. In addition, parties should file two copies of any such
pleadings, one with the Policy and Program Planning Division, Common
Carrier Bureau, Room 544, 1919 M Street, N.W., Washington, D.C. 20554,
and the other with the Policy and Rules Division, Cable Services
Bureau, Room 408C, 2033 M Street, N.W., Washington, D.C. 20554. Parties
should also file one copy of any documents filed in this docket with
the Commission's copy contractor, International Transcription Services,
Inc. (ITS, Inc.), 2100 M Street, N.W., Suite 140, Washington, D.C.
20037 (202/857-3800). Comments and reply comments will be available for
public inspection regular business hours in the FCC Reference Center,
Room 239, 1919 M Street, N.W., Washington, D.C.
By the Chief, Common Carrier Bureau, and Chief, Cable Services
Bureau.
For further information contact: Mindy J. Ginsburg (202) 418-1580
(Common Carrier Bureau) or Larry Walke (202) 416-0800 (Cable Services
Bureau).
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-8701 Filed 4-6-95; 8:45 am]
BILLING CODE 6712-01-M