[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Proposed Rules]
[Pages 54854-54855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26120]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[CS Docket No. 98-54; FCC 99-258]


1998 Biennial Review--Part 76 Cable Television Service Pleading 
and Complaint Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; denial.

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

SUMMARY: By this document, the Commission denies the petition by 
EchoStar Communications Corporation to reconsider changes made to the 
procedural rules for filing petitions and complaints pursuant to part 
76.

[[Page 54855]]

EchoStar argues that the changes imposed new obligations on part 76 
complainants. The Commission finds that the rule changes clarify the 
procedural requirements of the existing rules, but do not impose any 
new obligations.

FOR FURTHER INFORMATION CONTACT: Thomas Horan, Cable Services Bureau, 
(202) 418-7200.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration in CS Docket No. 98-54, FCC 99-258, adopted 
September 23, 1999, released September 29, 1999. The complete text may 
be purchased from the Commission's copy contractor, International 
Transcription Services, 1231 20th Street, NW, Washington, DC 20036, 
telephone (202) 857-3800, facsimile (202) 857-3805. Alternative formats 
(computer diskette, large print, audio cassette, and Braille) are 
available to persons with disabilities by contacting Martha Contee at 
(202) 418-0260, TTY (202) 418-2555, or [email protected]. The full text 
of the Order on Reconsideration is available for inspection and copying 
during normal business hours in the FCC Reference Center, 445 12th St., 
SW, Room CY-A257, Washington, DC 20054. The full text of the Order on 
Reconsideration can also be downloaded at: http://www.fcc.gov/Bureaus/
Cable/Orders/1999/fcc99258.txt or http://www.fcc.gov/Bureaus/Cable/
Orders/1999/fcc99258.wp

Summary of the Order on Reconsideration

    1. EchoStar Communications Corporation (EchoStar) filed a petition 
requesting that the Commission reconsider recent amendments to 47 CFR 
76.1003(f), 76.1302(e), and 76.1513(g). These amendments and several 
other rule changes were adopted in the Commission's Report and Order in 
this proceeding, 64 FR 6565 (February 10, 1999). The amendments at 
issue clarified the time period for filing complaints pursuant to the 
existing program access, program carriage and open video system rules. 
EchoStar argues that the amendment of these rules is inconsistent with 
the Administrative Procedure Act (APA) because substantive changes, 
imposing new obligations on part 76 complainants, were made to the 
Commission's rules without providing notice and opportunity for 
comment.
    2. In denying the petition, the Commission finds that the 
amendments conform with the APA requirements. Section 553 of the APA (5 
USC 553) excepts interpretative and procedural rules from the notice 
and comment requirements. The amendments are not substantive rule 
changes that impose new obligations, but at most clarify how to file 
complaints under the existing rules, and thus, are interpretive and/or 
procedural rules that are excepted from the notice and comment 
requirements.

List of Subjects in 47 CFR Part 76

    Cable television.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-26120 Filed 10-7-99; 8:45 am]
BILLING CODE 6712-01-P