[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Proposed Rules]
[Pages 6210-6212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3127]



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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

    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

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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. 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

    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. This FNPRM also 
proposes: (a) to require that the subscriber (where there is a non-
loop-through wire configuration) or the building owner (where there is 
a loop-through wire configuration) be provided with the opportunity to 
purchase the cable home wiring 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; (b) 
to clarify that, as long as the cable operator has been allowed access 
to the premises to remove its wiring if it so wishes, the cable 
operator must 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 when the subscriber 
vacates the premises and who subsequently resides in the premises; and 
(c) when the subscriber voluntarily terminating cable service does not 
own the premises, to give the premises owner the right to purchase the 
cable home wiring, if and only if the subscriber elects not to purchase 
the wire.
    6. Objectives. To propose rules which implement Section 16(d) of 
the 1992 Cable Act and promote its goals of protecting subscribers 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 

[[Page 6212]]
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]
BILLING CODE 6712-01-P