[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15386-15388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8454]
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[[Page 15387]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 21 and 76
[CS Docket No. 96-56, FCC 96-112]
Cable Television; Implementation of the Selecommunication Act of
1996
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This Order implements sections of the Telecommunications Act
of 1996. The Order eliminates restrictions on the cross ownership of
broadcast networks and cable television systems, allows cross ownership
and operation of multichannel multipoint distribution services or
Satellite Master Antenna Television systems and cable systems when
effective competition exists in the franchise area, and eliminates the
three-year holding period requirement for transfer of cable systems.
EFFECTIVE DATE: April 8, 1996.
FOR FURTHER INFORMATION CONTACT: Paul Glenchur, Cable Services Bureau,
(202) 416-1800.
SUPPLEMENTARY INFORMATION: This is a synopsis of a Commission Order in
CS Docket No. 96-56, FCC 96-112, adopted March 15, 1996 and released
March 18, 1996. The complete text of this document is available for
inspection and copying during normal business hours in the FCC
Reference Center, 1919 M St., N.W., Washington, D.C.
I. Introduction
1. In this Order, we amend certain of the Commission's rules
relating to cable television ownership to conform them to changes in
the Communications Act enacted on February 8, 1996, in the
Telecommunications Act of 1996 (``1996 Act'').
II. Television Broadcast Network--Cable Cross Ownership
2. Section 76.501 of the Commission's rules limits the extent to
which cross ownership is permitted between cable television systems and
television broadcast networks. Under this rule, network-cable cross
ownership is allowed if such combinations do not exceed 10% of homes
passed by cable nationwide, and do not exceed 50% of homes passed by
cable within an area of dominant influence (ADI).
3. Section 202(f) of the 1996 Act provides as follows:
(f) Cable Cross Ownership.--
(1) Elimination of restrictions.--The Commission shall revise
Section 76.501 of its regulations (47 CFR 76.501) to permit a person or
entity to own or control a network of broadcast stations and a cable
system.
4. Accordingly, we are amending Section 76.501 as reflected below
to permit a person or entity to own or control a network of broadcast
stations and a cable system.
III. MMDS/SMATV--Cable Cross Ownership
5. Section 613(a)(2) of the Communications Act, as adopted in the
Cable Television Consumer Protection and Competition Act of 1992
(``1992 Cable Act''), made it unlawful to hold a license for a
multichannel multipoint distribution service, or to offer satellite
master antenna television service separate and apart from a franchised
cable service, in any portion of the franchise area served by the cable
operator's cable system. Rules implementing this restriction were
adopted by the Commission and appear in Sections 21.912 and 76.501 of
the rules. Section 202(i) of the 1996 Act adds the following to the
existing restriction to provide that the Commission shall not apply the
requirements of subsection 613(a): To any cable operator in any
franchise area in which a cable operator is subject to effective
competition as determined under section 623(l).
6. Accordingly, as reflected below, we amend the applicable
Commission rules to conform them to the new statutory language.
IV. Antitrafficking Regulation
7. Section 617 of the Communications Act, as adopted in the 1992
Cable Act, restricted the ability of a cable operator to sell or
otherwise transfer ownership in a cable system within a 36-month period
following either the acquisition or initial construction of the system.
Rules implementing the three-year holding requirement were adopted by
the Commission and appear in Section 76.502 of the rules.
8. Section 301(i) of the 1996 Act eliminates these restrictions.
Limitations on the time a local franchise authority has to consider
applications to sell or transfer systems are retained.
9. Accordingly, as reflected below, we amend the applicable
Commission rules to conform them to the new statutory language.
V. Administrative Matters
10. The rules adopted herein have been analyzed with respect to the
Paperwork Reduction Act of 1995 and found to contain no new or modified
form, information collection and/or record keeping, labeling,
disclosure or record retention requirements. These rules will not
increase or decrease burden hours imposed on the public.
11. Because these rule changes simply conform the Commission's
rules to the statute, we find for good cause that compliance with the
notice and comment provisions of the Administrative Procedure Act is
unnecessary. See 5 U.S.C. Sec. 553(b)(B). For similar reasons, and
because the amendments ease restrictions, compliance with the effective
date provision of the Administrative Procedure Act also is unnecessary.
5 U.S.C. Sec. 553(d).
12. Accordingly, pursuant to sections 4(i), 4(j) and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i), 154(j),
and 303(r), and Telecommunications Act of 1996, Secs. 202 and 301, it
is ordered that the Commission's Rules are amended as set forth below,
Effective April 8, 1996.
List of Subjects
47 CFR Part 21
Television.
47 CFR Part 76
Cable television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 21 and 76 of Title 47 of the Code of Federal Regulations are
amended as follows:
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
1. The authority citation for Part 21 continues to read as follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
2. Section 21.912 is amended by adding a new paragraph (e)(3) to
read as follows:
Sec. 21.912 Cable television company eligibility requirements.
* * * * *
(e) * * *
(3) The limitations on cable television ownership in this section
do not apply to any cable operator in any franchise area in which a
cable operator is subject to effective competition as determined under
section 623(l) of the Communications Act.
* * * * *
[[Page 15388]]
PART 76--CABLE TELEVISION SERVICE
3. The authority citation for Part 76 continues to read as follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085, 1101; 47
U.S.C. Sec. 152, 153, 154, 301, 303, 307, 308, 309; Secs. 612, 614-
615, 623, 632 as amended, 106 Stat. 1460, 47 U.S.C. 532; Sec. 623,
as amended, 106 Stat. 1460; 47 U.S.C. 532, 533, 535, 543, 552.
4. Section 76.501 is amended by removing and reserving paragraph
(b) and by revising paragraph (f) to read as follows:
* * * * *
Sec. 76.501 Cross-ownership.
* * * * *
(f) The restrictions in paragraphs (d) and (e) of this section
shall not apply to any cable operator in any franchise area in which a
cable operator is subject to effective competition as determined under
section 623(l) of the Communications Act.
* * * * *
5. Section 76.502 is revised to read as follows:
Sec. 76.502 Time limits applicable to franchise authority
consideration of transfer applications.
(a) A franchise authority shall have 120 days from the date of
submission of a completed FCC Form 394, together with all exhibits, and
any additional information required by the terms of the franchise
agreement or applicable state or local law to act upon an application
to sell, assign, or otherwise transfer controlling ownership of a cable
system.
(b) A franchise authority that questions the accuracy of the
information provided under paragraph (a) must notify the cable operator
within 30 days of the filing of such information, or such information
shall be deemed accepted, unless the cable operator has failed to
provide any additional information reasonably requested by the
franchise authority within 10 days of such request.
(c) If the franchise authority fails to act upon such transfer
request within 120 days, such request shall be deemed granted unless
the franchise authority and the requesting party otherwise agree to an
extension of time.
[FR Doc. 96-8454 Filed 4-5-96; 8:45 am]
BILLING CODE 6712-01-P