[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Pages 8400-8402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4566]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 96-467]


Commission Organization; Cable Services Bureau

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this Order, we amend the Commission's rules regarding the 
functions of the Cable Services Bureau and the delegated authority of 
the Chief of the Cable Services Bureau. This action is necessary to 
permit the Cable Services Bureau to oversee pole attachment matters and 
administration and enforcement of relevant provisions of the 
Telecommunications Act of 1996.

EFFECTIVE DATE: February 25, 1997.

FOR FURTHER INFORMATION CONTACT: For additional information concerning 
this rulemaking contact Meryl S. Icove, Cable Services Bureau, (202) 
418-7200.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Order, FCC 96-467, 
adopted December 3, 1996 and released December 5, 1996. The complete 
text of this Order is available for inspection and copying during 
normal business hours in the FCC Reference Center (room 239), 1919 M 
Street, NW., Washington, DC, and also may be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc. (``ITS Inc.'') at (202) 857-3800, 2100 M Street, NW., Suite 140, 
Washington, DC 20017.

Synopsis of Order

    In this Order, we amend the Commission's rules regarding the 
functions of the Cable Services Bureau and the delegated authority of 
the Chief of the Cable Services Bureau.
     This action is necessary to permit the Cable Services Bureau to 
oversee pole attachment matters and administration and enforcement of 
relevant provisions of the Telecommunications Act of 1996. The 
amendments adopted herein pertain to agency organization, procedure and 
practice. Consequently, the requirements of notice and comment 
rulemaking contained in 5 U.S.C. 553(b) and the effective date 
provisions of 5 U.S.C. 553(d) of the Administrative Procedure Act do 
not apply. Authority for the amendments adopted herein is contained in 
section 4(i), 5(c)(1), 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 155(c)(1), 303(r).
    It is ordered that Secs. 0.91, 0.101 and 0.321 of the Commission's 
rules, 47 CFR 0.91, 0.101, 0.321 are amended as set forth below, 
effective February 25, 1997.

Lists of Subjects in 47 CFR Part 0

    Organization and functions (Government agencies).

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

Rule Changes

    Part 0 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 0.91 is amended by revising the introductory text, 
removing

[[Page 8401]]

paragraph (h) and redesignating paragraphs (i) through (k) as 
paragraphs (h) through (j) to read as follows:


Sec. 0.91  Functions of the Bureau.

    The Common Carrier Bureau develops, recommends, and administers 
policies and programs for the regulation of services, facilities and 
practices of entities which furnish interstate communications service 
or interstate access service for hire--whether by wire, radio or 
cable--and of ancillary operations related to the provision of such 
services (excluding public coast stations in the maritime mobile 
services and multi-point and multi-channel multi-point distribution 
services and excluding matters pertaining exclusively to the regulation 
and licensing of wireless telecommunications services and facilities). 
The Bureau also develops, recommends, and administers policies and 
programs for the regulation of rates, terms and conditions under which 
communications entities furnish interstate communications service, 
interstate access service, and (in cooperation with the International 
Bureau) foreign communications service for hire--whether by wire, cable 
or satellite. The Bureau also performs the following functions:
* * * * *
    3. Section 0.101 is revised to read as follows:


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, and with 
respect to video programming services provided by other multichannel 
video programming distributors and multichannel video programmers. The 
Cable Services Bureau advises and recommends to the Commission, or acts 
for the Commission under delegated authority, in matters pertaining to 
the regulation and development of cable television and other 
multichannel video programming services. The Bureau also performs the 
following functions:
    (a) Administers and enforces rules and policies regarding:
    (1) Cable television systems, operators, and services, 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. This 
includes: acting, 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; reviewing 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; acting upon complaints involving cable programming service 
rates except for final action on complaints raising novel or unusual 
issues; evaluating basic rate regulation certification requests filed 
by cable system franchising authorities; periodically reviewing and, 
when appropriate, revising standard forms used in administering: the 
Commission's complaint process regarding cable programming service 
rates; the certification process for local franchising authorities 
wishing to regulate rates, and the substantive rate regulation 
standards prescribed by the Commission;
    (2) Access to poles, ducts, conduits and rights-of-way and the 
rates, terms and conditions for pole attachments, when such attachments 
are not regulated by a state and not provided by railroads or 
governmentally or cooperatively owned utilities, and complaints 
involving access to or rates, terms and conditions arising from pole 
attachments, except for final action on complaints raising novel or 
unusual issues;
    (3) Open video systems;
    (4) Preemption of restrictions on devices designed for over-the-air 
reception of television broadcast signals, multichannel multipoint 
distribution service, and direct broadcast satellite services;
    (5) The commercial availability of navigational devices;
    (6) The accessibility of video programming to persons with 
disabilities; and
    (7) Scrambling of sexually explicit adult video programming by 
multichannel video programming distributors.
    (b) Plans and develops proposed rulemakings and conducts studies 
and analyses (legal, engineering, social and economic) of various 
petitions for policy or rule changes submitted by industry or the 
public.
    (c) Conducts studies and compiles data relating to multichannel 
video programming services necessary for the Commission to develop and 
maintain an adequate regulatory program.
    (d) Advises and assists the public, other government agencies and 
industry groups.
    (e) Administers financial and other reporting systems.
    (f) Investigates complaints and answers general inquiries from the 
public.
    (g) Participates in hearings before the Administrative Law Judges 
and the Commission.
    (h) Processes applications for authorizations in the Cable 
Television Relay Service.
    (i) Processes and acts on all applications for authorization, 
petitions for special relief, petitions to deny, waiver requests, 
requests for certification, objections, complaints, and requests for 
declaratory rulings and stays regarding the areas listed above, that do 
not involve novel questions of fact, law or policy that cannot be 
resolved under existing precedents and guidelines.
    (j) Periodically reviews and, when appropriate, revises standard 
forms related to the areas listed above.
    (k) Exercises authority to issue non-hearing related subpoenas for 
the attendance of witnesses and the production of books, papers, 
correspondence, memoranda, schedule of charges, contracts, agreements, 
and any other records deemed relevant to the investigation of the Cable 
Services Bureau. Before issuing a subpoena, the Cable Services Bureau 
shall obtain the approval of the Office of General Counsel.
    (l) Carries out the functions of the Commission under the 
Communications Act of 1934, as amended, except as reserved to the 
Commission under Sec. 0.321.
    4. Section 0.321 is revised to read as follows:


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, subject to the 
following exceptions and limitations:
    (a) Designate for hearing any formal complaints that present novel 
questions of fact, law or policy that cannot be resolved under existing 
precedents for guidelines;
    (b) 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;
    (c) 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;

[[Page 8402]]

    (d) 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; and
    (e) 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.

[FR Doc. 97-4566 Filed 2-24-97; 8:45 am]
BILLING CODE 6712-01-P