[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Rules and Regulations]
[Pages 53610-53624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22470]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 11, 21, 25, 73, 74, 76, and 100

[CS Docket No. 98-132; FCC 99-12]


1998 Biennial Review--Multichannel Video and Cable Television 
Service

AGENCY: Federal Communications Commission.

ACTION: Interim rule and final rule.

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SUMMARY: In this document we revise and streamline the public file and 
notice requirements set forth in the Commission's cable television 
rules. The rules reduce the regulatory burden faced by cable operators 
with regard to public file requirements by: reorganizing the public 
file requirements; providing cable operators with an alternative to 
maintaining a paper public file; eliminating outdated public file 
requirements; and, expanding the definition of small cable systems for 
purposes of the public inspection rules. Further, in this document we 
are adopting as an interim rule the section of the Commission's rules 
which expands the definition of small cable systems for purposes of 
public inspection to include a limited exemption for cable operators 
with 1000 or more subscribers, but fewer than 5000 subscribers.

DATES: Effective October 5, 2000, except for Secs. 76.1622, 76.1626, 
76.1713, and 76.1800 which contain information collection requirements 
that are not effective until approved by the Office of Management and 
Budget. The FCC will publish a document in the Federal Register 
announcing the effective date for those sections. Written comments by 
the public on the new or modified information collection requirements 
should be submitted on or before November 6, 2000.
    Comments on the interim rule, Sec. 76.1700(a), are due September 
26, 2000. Reply comments are due October 6, 2000.

ADDRESSES: Comments on the interim rule should be filed with the 
Federal Communications Commission, Office of the Secretary, 445 12th 
Street, S.W., Room TW-A325, Washington, D.C. 20554. Comments may also 
be filed using the Commission's Electronic Comment Filing System 
(ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 
63 FR 24121 (January 2, 1998). Comments filed through the ECFS can be 
sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic submission 
must be filed. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to fcc.gov">ecfs@fcc.gov, and 
should include the following words in the body of the message, ``get 
form your e-mail address>''. A sample form and directions will be sent 
in reply.

FOR FURTHER INFORMATION CONTACT: Carolyn A. Fleming, Cable Services 
Bureau, (202) 418-1026 or via Internet at fcc.gov">cfleming@fcc.gov. For 
additional information concerning the information collection 
requirements contained herein, contact Judy Boley at 202-418-0214, or 
via the Internet at jboley @ fcc.gov.

SUPPLEMENTARY INFORMATION
    1. The Report and Order, CS Docket No. 98-132; FCC 99-12, released 
March 26, 1999, addresses the issues raised in the Notice of Proposed 
Rulemaking in CS Docket No. 98-132, 13 FCC Rcd 15219 (1998) (``NPRM''), 
\1\ regarding the Commission's 1998 biennial regulatory review of its 
regulations conducted pursuant to Section 11 of the Telecommunications 
Act of 1996. In the NPRM, the Commission sought comments and proposals 
on how to streamline and reorganize part 76 public file and notice 
requirements. The Cable Telecommunications Association (``CATA'') filed 
a suggested Notice of Proposed Rulemaking (``CATA Notice'') in which it 
makes particular recommendations regarding changes to the public file 
requirements. The Commission placed the CATA Notice in the record of 
this proceeding in order to solicit comment on CATA's specific 
recommendations.
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    \1\ The NPRM was not published in the Federal Register.
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    2. Discussion. The Report and Order implements rule changes 
designed to reorganize, consolidate, and modify the public file and 
notice requirements set forth in part 76. Specifically, the Report and 
Order reorganizes public file requirements into three new subparts, 
subparts T, U, and V. Subpart T contains notice requirements, subpart U 
contains recordkeeping requirements, and subpart V contains reporting 
and filing requirements. In some cases, existing notice requirements, 
such as the notice requirements for cable inside wiring, need to remain 
in their current sections. The subparts T, U, and V reference cable 
operator notice, filing, and recordkeeping requirements even if the 
actual rule is contained elsewhere. Where certain rules require notice 
to be provided at different at different times, e.g., annually, at the 
time of installation, and at any time upon request, the new rules make 
reference to the notice requirement in subsections of subpart T in 
which the notice requirement applies. In addition, the new subparts 
cross-reference additional, non-part 76 notice requirements such as the 
semi-annual copyright filing requirements contained in 17 U.S.C. 
111(D)(1) and the cable subscriber privacy notice requirements found in 
47 U.S.C. 551(a)(1).
    3. The Report and Order also provides cable operators with an 
alternative to maintaining a paper public file. Many cable operators 
have their own World Wide Web home pages on the Internet and providing 
electronic access to public file information increases the number of 
locations from which this

[[Page 53611]]

information may be obtained by providing access from homes, schools, 
and libraries. The Report and Order requires cable operators to provide 
a computer terminal for public use and to make paper copies available 
upon request.
    4. The Report and Order eliminates certain outdated public file 
requirements. For instance, Sec. 76.900 which contained rate regulation 
freeze requirements which expired on May 15, 1994. The Commission 
determined that that rule and similar rules no longer have any 
operational consequence. Section 76.58, which required cable operators 
to provide certain notifications to local broadcast stations by May 3, 
1993 and June 2, 1993, has been modified to require cable operators to 
provide local broadcast station notifications within 60 days after a 
new cable system is activated.
    5. The Report and Order expands the definition of small cable 
systems for purposes of the public inspection file. An exemption from 
the recordkeeping requirements has been created for cable systems 
serving 1000 or more subscribers but fewer than 5000 subscribers. Those 
systems are permitted to respond to specific and individual requests 
for public file information instead of maintaining a general paper file 
containing all information required by part 76.

Paperwork Reduction Act

    This Report and Order has been analyzed with respect to the 
Paperwork Reduction Act of 1995 (the ``1995 Act'') and found to impose 
new or modified information collection requirements on the public. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to take this opportunity to comment 
on the information collection requirements contained in this Report and 
Order, as required by the 1995 Act. Public comments are due 60 days 
after date of publication in the Federal Register. Comments should 
address: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Approval Number: 3060-XXXX (new collection).
    Title: Part 76 Multichannel Video and Cable Television Service 
Public File and Notice Rules.
    Type of Review: New collection.
    Respondents: Businesses or other for-profit entities.
    Number of Respondents: 10,800.
    Estimated Time Per Response: 30 minutes to 3 hours.
    Frequency of Response: Subscriber privacy notice requirement: as 
needed, and Copyright Act statement of accounting filing requirement: 
semi-annually.
    Total Burden to Respondents: 43,200 hours.
    Total Cost to Respondents: $43,200.
    Needs and Uses: Section 631 of the Communications Act as amended, 
47 U.S.C. 551, provides that at the time of entering into an agreement 
to provide any cable service or other service to a subscriber and at 
least once a year thereafter, a cable operator shall provide notice in 
the form of a separate, written statement to such subscriber which 
clearly and conspicuously informs the subscriber of (a) the nature of 
personally identifiable information collected or to be collected with 
respect to the subscriber and the nature of the use of such 
information; (b) the nature, frequency, and purpose of any disclosure 
which may be made of such information, including an identification of 
the types of persons to whom the disclosure may be made; (c) the period 
during which such information will be maintained by the cable operator; 
(d) the times and place at which the subscriber may have access to such 
information in accordance with Section 631(d), the limitations provided 
by Section 631 with respect to the collection and disclosure of 
information by a cable operator and the right of the subscriber under 
Sections 631(f) and (h) to enforce such limitations. This notice 
requirement appears in the Communications Act but not in the 
Commission's cable television rules. The Report and Order amends the 
Commission's cable television rules so that the notice requirement is 
now referenced in notes at the end of various new rule sections.
    In addition, the Copyright Act, 17 U.S.C. 111(d)(1), requires that 
cable operators file, on a semi-annual basis, a statement of account 
with the Licensing Division of the Copyright Office, Library of 
Congress. The Report and Order amends the Commission's cable television 
rules do that this filing is now referenced in a note at the end of new 
Sec. 76.1800.

Final Regulatory Flexibility Analysis

    6. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (``IRFA'') was incorporated into the 
Notice of Proposed Rule Making (``NPRM'') in this proceeding. The 
Commission sought written public comment on the possible impact of the 
proposed policies and rules on small entities in the NPRM including 
comments on the IRFA. This Final Regulatory Flexibility Analysis 
(''FRFA'') in this Report and Order conforms to the RFA.
    7. Need for Action and Objectives of the Rules. Section 11 of the 
1996 Telecommunications Act requires the Commission to conduct a 
biennial review of regulations that apply to operations and activities 
of any provider of telecommunications service and to repeal or modify 
any regulation it determines to be no longer in the public interest. 
Although Section 11 does not specifically refer to cable operators, the 
Commission has determined that the first biennial review presents an 
excellent opportunity for a thorough examination of all of the 
Commission's regulations.
    8. Summary of Significant Issues Raised by the Public Comment in 
Response to the IRFA. No comments were filed specifically in response 
to the IRFA.
    9. Description and Estimate of the Number of Small entities to 
Which the Rules Will Apply. The IRFA directs the Commission to provide 
a description of and, where feasible, an estimate of the number of 
small entities that might be affected by the rules here adopted. The 
RFA defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
``Small Business Act.'' Under the Small Business Act, a small business 
concern is one which: (a) is independently owned and operated; (b) is 
not dominant in its field of operation; and (c) satisfies any 
additional criteria established by the Small Business Administration. 
The rules we adopt in this Report and Order will affect cable systems, 
multipoint multichannel distribution systems, direct broadcast 
satellites, home satellite dish manufacturers, open video systems, 
satellite master antenna television, local multipoint distribution 
systems, program producers and distributors, and television stations. 
Below we set forth the general SBA and Commission cable

[[Page 53612]]

small size standards, and then address each service individually to 
provide a more precise estimate of small entities. We also describe 
program producers and distributors.
    10. SBA Definitions for Cable and Other Pay Television Services: 
The SBA has developed a definition of small entities for cable and 
other pay television services, which includes all such companies 
generating $11 million or less in annual receipts. This definition 
includes cable system operators, closed circuit television services, 
direct broadcast satellite services, multipoint distribution systems, 
satellite master antenna systems and subscription television services. 
According to the Census Bureau data from 1992, there were approximately 
1,758 total cable and other pay television services and 1,423 had less 
than $11 million in revenue.
    11. Additional Cable System Definitions: In addition, the 
Commission has developed, with SBA's approval, our own definition of a 
small cable system operator for the purposes of rate regulation. Under 
the Commission's rules, a ``small cable company'' is one serving no 
more than 400,000 subscribers nationwide. Based on recent information, 
we estimate that there were 1439 cable operators that qualified as 
small cable companies at the end of 1995. Since then, some of those 
companies may have grown to serve over 400,000 subscribers, and others 
may have been involved in transactions that caused them to be combined 
with other cable operators. Consequently, we estimate that there are 
fewer than 1439 small entity cable system operators that may be 
affected by the decisions and rules we are adopting. We conclude that 
only a small percentage of these entities currently provide qualifying 
``telecommunications services'' as required by the Communications Act 
and, therefore, estimate that the number of such entities are 
significantly fewer than noted.
    12. The Communications Act also contains a definition of a small 
cable system operator, which is ``a cable operator that, directly or 
through an affiliate, serves in the aggregate fewer than 1% of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' The Commission has determined that there are 61,700,000 
cable subscribers in the United States. Therefore, we found that an 
operator serving fewer than 617,000 subscribers shall be deemed a small 
operator, if its annual revenues, when combined with the total annual 
revenues of all of its affiliates, do not exceed $250 million in the 
aggregate. Based on available data, we find that the number of cable 
operators serving 617,000 subscribers or less totals 1450. Although it 
seems certain that some of these cable system operators are affiliated 
with entities whose gross annual revenues exceed $250,000,000, we are 
unable at this time to estimate with greater precision the number of 
cable system operators that would qualify as small cable operators 
under the definition in the Communications Act.
    13. Multipoint Multichannel Distribution Systems (``MMDS''): The 
Commission refined its definition of ``small entity'' for the auction 
of MMDS as an entity that together with its affiliates has average 
gross annual revenues that are not more than $40 million for the 
preceding three calendar years. This definition of a small entity in 
the context of MMDS auctions has been approved by the SBA.
    14. The Commission completed its MMDS auction in March 1996 for 
authorizations in 493 basic trading areas (``BTAs''). Of 67 winning 
bidders, 61 qualified as small entities. Five bidders indicated that 
they were minority-owned and four winners indicated that they were 
women-owned businesses. MMDS is an especially competitive service, with 
approximately 1573 previously authorized and proposed MMDS facilities. 
Information available to us indicates that no MMDS facility generates 
revenue in excess of $11 million annually. We conclude that, for 
purposes of this FRFA, there are approximately 1634 small MMDS 
providers as defined by the SBA and the Commission's auction rules.
    15. Direct Broadcast Satellite (``DBS''): Because DBS provides 
subscription services, DBS falls within the SBA definition of cable and 
other pay television services (SIC 4841). As of December 1996, there 
were eight DBS licensees. In the NPRM we concluded that no DBS operator 
qualifies as a small entity. Since the publication of the NPRM, more 
information has become available. In light of the 1997 gross revenue 
figures for the various DBS operators, we restate our conclusion that 
no DBS operator qualifies as a small entity.
    16. Home Satellite Dish (``HSD''): The market for HSD service is 
difficult to quantify. Indeed, the service itself bears little 
resemblance to other MVPDs. HSD owners have access to more than 500 
channels of programming placed on C-band satellites by programmers for 
receipt and distribution by MVPDs, of which 350 channels are scrambled 
and approximately 150 are unscrambled. HSD owners can watch unscrambled 
channels without paying a subscription fee. To receive scrambled 
channels, however, an HSD owner must purchase an integrated receiver-
decoder from an equipment dealer and pay a subscription fee to an HSD 
programming packager. Thus, HSD users include: (1) Viewers who 
subscribe to a packaged programming service, which affords them access 
to most of the same programming provided to subscribers of other MVPDs; 
(2) viewers who receive only non-subscription programming; and (3) 
viewers who receive satellite programming services illegally without 
subscribing.
    17. According to the most recently available information, there are 
approximately 20 to 25 program packagers nationwide offering packages 
of scrambled programming to retail consumers. These program packagers 
provide subscriptions to approximately 2,184,470 subscribers 
nationwide. This is an average of about 77,163 subscribers per program 
packager. This is substantially smaller than the 400,000 subscribers 
used in the Commission's definition of a small multiple system operator 
(``MSO'').
    18. Satellite Master Antenna Television (``SMATVs''): Industry 
sources estimate that approximately 5200 SMATV operators were providing 
service as of December 1995. Other estimates indicate that SMATV 
operators serve approximately 1.162 million residential subscribers as 
of June 30, 1997. The ten largest SMATV operators together pass 848,450 
units. If we assume that these SMATV operators serve 50% of the units 
passed, the ten largest SMATV operators serve approximately 40% of the 
total number of SMATV subscribers. Because these operators are not rate 
regulated, they are not required to file financial data with the 
Commission. Furthermore, we are not aware of any privately published 
financial information regarding these operators. Based on the estimated 
number of operators and the estimated number of units served by the 
largest ten SMATVs, we conclude that a substantial number of SMATV 
operators qualify as small entities.
    19. Local Multipoint Distribution System (``LMDS''): Unlike the 
above pay television services, LMDS technology and spectrum allocation 
will allow licensees to provide wireless telephony, data, and/or video 
services. A LMDS provider is not limited in the number of potential 
applications that will be available for this service. Therefore, the 
definition of a small LMDS entity may

[[Page 53613]]

be applicable to both cable and other pay television (SIC 4841) and/or 
radiotelephone communications companies (SIC 4812). The SBA approved 
definition for cable and other pay services that qualify as a small 
business is defined in paragraphs 5-6, supra. A small radiotelephone 
entity is one with 1500 employees or fewer. However, for the purposes 
of this Report and Order, we include only an estimate of LMDS video 
service providers.
    20. An auction for licenses to operate LMDS systems was recently 
completed by the Commission. The vast majority of the LMDS license 
auction winners were small businesses under the SBA's definition of 
cable and pay television (SIC 4841). The Commission adopted a small 
business definition for entities bidding for LMDS licenses as an entity 
that, together with affiliates and controlling principles, has average 
gross revenues not exceeding $40 million for each of the three 
preceding years. We have not yet received approval by the SBA for this 
definition.
    21. There is only one company, CellularVision, that is currently 
providing LMDS video services. In the IRFA, we assumed that 
CellularVision was a small business under both the SBA definition and 
our auction rules. No commenters addressed the tentative conclusions we 
reached in the NPRM. Accordingly, we affirm our tentative conclusion 
that a majority of the potential LMDS licensees will be small entities, 
as that term is defined by the SBA.
    22. Open Video System (``OVS''): As of the date of this Report and 
Order, the Commission has certified 23 OVS operators. To the best of 
our knowledge, there are 2 certified operators that are currently 
providing OVS service. Little financial information is available for 
entities authorized to provide OVS that are not operational. We believe 
that one OVS licensee may qualify as a small business concern. Given 
that other entities have been authorized to provide OVS service but 
have not yet begun to generate revenue, we conclude that at least some 
of the OVS operators qualify as small entities.
    23. Program Producers and Distributors: The Commission has not 
developed a definition of small entities applicable to producers or 
distributors of television programs. Therefore, we will utilize the SBA 
classifications of Motion Picture and Videotape Production (SIC 7812), 
Motion Picture and Videotape Distribution (SIC 7822), and Theatrical 
Producers (Except Motion Pictures) and Miscellaneous Theatrical 
Services (SIC 7922). These SBA definitions provide that a small entity 
in the television programming industry is an entity with $21.5 million 
or less in annual receipts for SIC 7812 and 7822, and $5 million or 
less in annual receipts for SIC 7922. The 1992 Bureau of the Census 
data indicate the following: (1) There were 7265 U.S. firms classified 
as Motion Picture and Video Production (SIC 7812), and that 6987 of 
these firms had $16,999 million or less in annual receipts and 7002 of 
these firms had $24,999 million or less in annual receipts; (2) there 
were 1139 U.S. firms classified as Motion Picture and Tape Distribution 
(SIC 7822), and that 1007 of these firms had $16,999 million or less in 
annual receipts and 1013 of these firms had $24,999 million or less in 
annual receipts; and (3) there were 5671 U.S. firms classified as 
Theatrical Producers and Services (SIC 7922), and that 5627 of these 
firms had less than $5 million in annual receipts.
    24. Each of these SIC categories is very broad and includes firms 
that may be engaged in various industries including television. 
Specific figures are not available as to how many of these firms 
exclusively produce and/or distribute programming for television or how 
many are independently owned and operated. Consequently, we conclude 
that there are approximately 6987 small entities that produce and 
distribute taped television programs, 1013 small entities primarily 
engaged in the distribution of taped television programs, and 5627 
small producers of live television programs that may be affected by the 
rules adopted in this Report and Order.
    25. Television Stations: The rules will apply to television 
broadcasting licensees, and potential licensees of television service. 
The Small Business Administration defines a television broadcasting 
station that has no more than $10.5 million in annual receipts as a 
small business. Television broadcasting stations consist of 
establishments primarily engaged in broadcasting visual programs by 
television to the public, except cable and other pay television 
services. Included in this industry are commercial, religious, 
educational, and other television stations. Also included are 
establishments primarily engaged in television broadcasting and which 
produce taped television program materials. Separate establishments 
primarily engaged in producing taped television program materials are 
classified under another SIC number. There were 1,509 television 
stations operating in the nation in 1992. That number has remained 
fairly constant as indicated by the approximately 1,579 operating full 
power television broadcasting stations in the nation as of May 31, 
1998. In addition, as of October 31, 1997, there were 1,880 LPTV 
stations that may also be affected by our rules. For 1992, the number 
of television stations that produced less than $10.0 million in revenue 
was 1,155 establishments.
    26. Thus, the rules will affect many of the approximately 1,579 
television stations; approximately 1,200 of those stations are 
considered small businesses. These estimates may overstate the number 
of small entities since the revenue figures on which they are based do 
not include or aggregate revenues from non-television affiliated 
companies.
    27. In addition to owners of operating television stations, any 
entity who seeks or desires to obtain a television broadcast license 
may be affected by the rules contained in this item. The number of 
entities that may seek to obtain a television broadcast license is 
unknown.
    28. Description of Reporting, Recordkeeping and Other Compliance 
Requirements. This analysis examines the costs and administrative 
burdens associated with our rules and requirements. This Report and 
Order eliminates certain recordkeeping requirements and provides cable 
operators with the alternative option to provide public file 
information over the Internet. Thus, the Commission has reduced 
administrative burdens of the public file requirements.
    29. Steps Taken To Minimize Significant Economic Impact On Small 
Entities and Significant Alternatives Considered. We believe that our 
rules, to reorganize, modify, and eliminate certain public file and 
notice requirements, make the amended part 76 public file rules easier 
to locate. Several rules have been modified for less burdensome 
compliance with the public file requirements. In addition, we have 
provided cable operators with the option of eliminating its paper file 
and providing public file information over the Internet.
    30. It is ordered that, pursuant to authority found in Sections 
4(i) through (j) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i) through (j), the Commission's rules are hereby amended as 
set forth in the rule changes.
    31. It is further ordered that the rules as amended shall become 
effective October 5, 2000, except Secs. 76.1622, 76.1626, 76.1713, and 
76.1800, which contain information collection requirements that are not 
effective until approved by the Office of Management and Budget. The 
FCC will publish a

[[Page 53614]]

document in the Federal Register announcing the effective date for 
those sections.
    32. It is further ordered that the Commission's Office of Public 
Affairs, Reference Operations Division, shall send a copy of this 
Report and Order, including the Final Regulatory Flexibility Analysis, 
to the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

    Practice and procedure.

47 CFR Part 11

    Emergency alert system.

47 CFR Part 21

    Domestic public fixed radio services.

47 CFR Part 25

    Satellite communications.

47 CFR Part 73

    Radio broadcast services.

47 CFR Part 74

    Experimental radio, auxiliary, special broadcast and other program 
distributional services.

47 CFR Part 76

    Multichannel video and cable television service.

47 CFR Part 100

    Direct broadcast satellite service.

Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Group.

Rule Changes

    Parts 1, 11, 21, 25, 73, 74, 76, and 100 of Title 47 of the Code of 
Federal Regulations are amended as follows:

PART 1--PRACTICE AND PROCEDURE

    1. The authority citation for Part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(j), 155, 
225, and 303(r).


Sec. 1.1106  [Amended]

    2. Section 1.1106, paragraph (h), is amended by removing ``76.12'' 
and adding in its place ``Sec. 76.1801''.

PART 11--EMERGENCY ALERT SYSTEM (EAS)

    3. The authority citation for Part 11 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(j) and (o), 303(r), 544(g), and 
606.


Sec. 11.35  [Amended]

    4. Section 11.35, paragraph (a), is amended by removing 
``Sec. 76.305'' and adding in its place ``Secs. 76.1700, 76.1708, and 
76.1711''.


Sec. 11.54  [Amended]

    5. Section 11.54, paragraph (b)(14), is amended by removing 
``Sec. 76.305'' and adding in its place ``Secs. 76.1700, 76.1708, and 
76.1711''.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

    6. 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, 303, 307, 313, 314, 403, 404, 602; 47 U.S.C. 
552, 554.


Sec. 21.920  [Amended]

    7. Section 21.920 is amended by removing ``part 76, subpart E'' 
each place it appears and adding in its place ``part 76, subparts E and 
U''.

PART 25--SATELLITE COMMUNICATIONS

    8. The authority citation for Part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies sec. 303, 47 
U.S.C. 303. 47 U.S.C. sections 154, 301, 302, 303, 307, 309, and 
332, unless otherwise noted.


Sec. 25.601  [Amended]

    9. Section 25.601 is amended by removing ``part 76, subpart E'' 
each time it appears and adding in its place ``part 76, subparts E and 
U''.

PART 73--RADIO BROADCAST SERVICES

    10. The authority citation for Part 73 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303, 334, and 336.


Sec. 73.3526  [Amended]

    11. Section 73.3526 is amended in paragraph (e)(15) by removing 
``Sec. 76.64'' and adding in its place ``Secs. 76.64 and 76.1608''.


Sec. 73.3527  [Amended]

    12. Section 73.3527 is amended in paragraph (e)(12) by removing 
``Sec. 76.56'' and adding in its place ``Secs. 76.56, 76.1614, 76.1620, 
and 76.1709''.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

    13. The authority for Part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, and 554.


Sec. 74.996  [Amended]

    14. Section 74.996 is amended by removing each time it appears 
``part 76, subpart E'' and adding in its place ``part 76, subparts E 
and U''.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

    15. The authority citation for Part 76 continues to read as 
follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 
534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 
558, 560, 561, 571, 572, 573.


    16. Section 76.3 is revised to read as follows:


Sec. 76.3  Other pertinent rules.

    Other pertinent provisions of the Commission's rules and 
regulations relating to Multichannel Video and the Cable Television 
Service are included in the following parts of this chapter:

Part 1--Practice and Procedure.
Part 11--Emergency Alert System (EAS).
Part 21--Domestic Public Radio Services (Other Than Maritime 
Mobile).
Part 63--Extension of Lines and Discontinuance of Service by 
Carriers.
Part 64--Miscellaneous Rules Relating to Common Carriers.
Part 78--Cable Television Relay Service.
Part 79--Closed Captioning of Video Programming.
Part 91--Industrial Radio Services.


Sec. 76.5  [Amended]

    17. Section 76.5 is amended in paragraph (pp)(2) by removing 
``Sec. 76.302'' and adding in its place ``Sec. 76.1708.''


Sec. 76.12  [Removed]

    18. Section 76.12 is removed.


Sec. 76.14  [Removed]

    19. Section 76.14 is removed.


Sec. 76.17  [Removed]

    20. Section 76.17 is removed.


Sec. 76.56  [Amended]

    21. Section 76.56 is amended by removing paragraphs (d)(3) and (e), 
by redesignating paragraph (f) as paragraph (e), and by adding notes 1, 
2, and 3 to read as follows:

[[Page 53615]]

Sec. 76.56  Signal carriage obligations.

* * * * *

    Note 1 to Sec. 76.56: Section 76.1620 provides notification 
requirements for a cable operator who authorizes subscribers to 
install additional receiver connections, but does not provide the 
subscriber with such connections, or with the equipment and 
materials for such connections.


    Note 2 to Sec. 76.56: Section 76.1614 provides response 
requirements for a cable operator who receives a written request to 
identify its must-carry signals.


    Note 3 to Sec. 76.56: Section 76.1709 provides recordkeeping 
requirements with regard to a cable operator's list of must-carry 
signals.

Sec. 76.58  [Removed]

    22. Section 76.58 is removed.


Sec. 76.64  [Amended]

    23. Section 76.64 is amended in paragraph (i) by removing 
``76.56(f)'' and adding in its place ``Sec. 76.56(e),'' by removing 
paragraph (j), by redesignating paragraphs (k), (l), (m), and (n) as 
paragraphs (j), (k), (l), and (m), and by adding a Note to read as 
follows:


Sec. 76.64  Retransmission consent.

* * * * *

    Note 1 to Sec. 76.64: Section 76.1608 provides notification 
requirements for a cable system that changes its technical 
configuration in such a way as to integrate two formerly separate 
cable systems.


    24. Section 76.95 is amended by revising paragraph (a) and by 
adding a Note to read as follows:


Sec. 76.95  Exceptions.

    (a) The provisions of Secs. 76.92-76.94 shall not apply to a cable 
system serving fewer than 1,000 subscribers.

    Note to Sec. 76.95 (a): Section 76.1609 contains notification 
requirements for a cable system that meets the 1,000 subscriber 
threshold of this section.


    25. Section 76.156 is amended by revising paragraph (b) and by 
adding a note to read as follows:


Sec. 76.156  Exceptions.

* * * * *
    (b) The provisions of Secs. 76.151-76.155 shall not apply to a 
cable system serving fewer than 1,000 subscribers.

    Note 1 to Sec. 76.156: Section 76.1609 contains notification 
requirements for a cable system that meets the 1,000 subscriber 
threshold of this section.


    26. Section 76.206 is amended by revising paragraph (b) 
introductory text to read as follows:


Sec. 76.206  Candidate rates.

* * * * *
    (b) If a system permits a candidate to use its cablecast 
facilities, the system shall make all discount privileges offered to 
commercial advertisers, including the lowest unit charges for each 
class and length of time in the same time period and all corresponding 
discount privileges, available on equal terms to all candidates. This 
duty includes an affirmative duty to disclose to candidates information 
about rates, terms, conditions and all value-enhancing discount 
privileges offered to commercial advertisers, as provided in 
Sec. 76.1611. Systems may use reasonable discretion in making the 
disclosure; provided, however, that the disclosure includes, at a 
minimum, the following information:
* * * * *


Sec. 76.207  [Removed]

    27. Section 76.207 is removed.

    28. Section 76.209 is revised to read as follows:


Sec. 76.209  Fairness doctrine; personal attacks; political editorials.

    A cable television system operator engaging in origination 
cablecasting shall afford reasonable opportunity for the discussion of 
conflicting views on issues of public importance.

    Note 1 to Sec. 76.209: See public notice, ``Applicability of the 
Fairness Doctrine in the Handling of Controversial Issues of Public 
Importance,'' 29 FR 10415.


    Note 2 to Sec. 76.209: Section 76.1612 contains notice and other 
requirements for a cable television system operator when, during 
origination cablecasting of issues of public importance, an attack 
is made upon the honesty, character, integrity, or like personal 
qualities of an identified person or group.


    Note 3 to Sec. 76.209: Section 76.1613 contains notice and other 
requirements for a cable system operator where the system operator, 
in an editorial, endorses or opposes a legally qualified candidate 
or candidates.

Sec. 76.221  [Removed]

    29. Section 76.221 is removed.

    30. Section 76.225 is amended by removing paragraph (c) and adding 
a new note 3 to read as follows:


Sec. 76.225  Commercial limits in children's programs.

* * * * *

    Note 3 to Sec. 76.225: Section 76.1703 contains recordkeeping 
requirements for cable operators with regard to children's 
programming.

Secs. 76.300 through 76.302  [Removed]

    31. Sections 76.300 through 76.302 are removed.


Sec. 76.307  [Removed]

    32. Section 76.307 is removed.


Sec. 76.309  [Amended]

    33. Section 76.309 is amended by removing paragraphs (c)(3)(i) and 
(c)(3)(ii) and by redesignating paragraphs (c)(3)(iii) and (iv) as 
paragraphs (c)(3)(i) and (c)(3)(ii).


Sec. 76.400  [Removed]

    34. Section 76.400 is removed.


Sec. 76.504  [Amended]

    35. Section 76.504 is amended by removing paragraph (e), 
redesignating paragraphs (f) and (g) as paragraphs (e) and (f), and by 
adding a note 2 to Sec. 76.504 to read as follows:


Sec. 76.504  Limits on carriage of vertically integrated programming.

* * * * *

    Note 2 to Sec. 76.504: Section 76.1710 contains recordkeeping 
requirements for cable operators with regard to attributable 
interests.


    36. Section 76.601 is revised to read as follows:


Sec. 76.601  Performance tests.

    (a) The operator of each cable television system shall be 
responsible for insuring that each such system is designed, installed, 
and operated in a manner that fully complies with the provisions of 
this subpart.
    (b) The operator of each cable television system shall conduct 
complete performance tests of that system at least twice each calendar 
year (at intervals not to exceed seven months), unless otherwise noted 
below. The performance tests shall be directed at determining the 
extent to which the system complies with all the technical standards 
set forth in Sec. 76.605(a) and shall be as follows:
    (1) For cable television systems with 1000 or more subscribers but 
with 12,500 or fewer subscribers, proof-of-performance tests conducted 
pursuant to this section shall include measurements taken at six (6) 
widely separated points. However, within each cable system, one 
additional test point shall be added for every additional 12,500 
subscribers or fraction thereof (e.g., 7 test points if 12,501 to 
25,000 subscribers; 8 test points if 25,001 to 37,500 subscribers, 
etc.). In addition, for technically integrated portions of cable 
systems that are not mechanically continuous (i.e., employing microwave 
connections), at least one test point will be required for each portion 
of the cable system served by a technically integrated microwave hub. 
The proof-of-

[[Page 53616]]

performance test points chosen shall be balanced to represent all 
geographic areas served by the cable system. At least one-third of the 
test points shall be representative of subscriber terminals most 
distant from the system input and from each microwave receiver (if 
microwave transmissions are employed), in terms of cable length. The 
measurements may be taken at convenient monitoring points in the cable 
network: Provided, that data shall be included to relate the measured 
performance of the system as would be viewed from a nearby subscriber 
terminal. An identification of the instruments, including the makes, 
model numbers, and the most recent date of calibration, a description 
of the procedures utilized, and a statement of the qualifications of 
the person performing the tests shall also be included.
    (2) Proof-of-performance tests to determine the extent to which a 
cable television system complies with the standards set forth in 
Sec. 76.605(a) (3), (4), and (5) shall be made on each of the NTSC or 
similar video channels of that system. Unless otherwise as noted, 
proof-of-performance tests for all other standards in Sec. 76.605(a) 
shall be made on a minimum of four (4) channels plus one additional 
channel for every 100 MHz, or fraction thereof, of cable distribution 
system upper frequency limit (e.g., 5 channels for cable television 
systems with a cable distribution system upper frequency limit of 101 
to 216 MHz; 6 channels for cable television systems with a cable 
distribution system upper frequency limit of 217-300 MHz; 7 channels 
for cable television systems with a cable distribution upper frequency 
limit to 300 to 400 MHz, etc.). The channels selected for testing must 
be representative of all the channels within the cable television 
system.
    (3) The operator of each cable television system shall conduct 
semi-annual proof-of-performance tests of that system, to determine the 
extent to which the system complies with the technical standards set 
forth in Sec. 76.605(a)(4) as follows. The visual signal level on each 
channel shall be measured and recorded, along with the date and time of 
the measurement, once every six hours (at intervals of not less than 
five hours or no more than seven hours after the previous measurement), 
to include the warmest and the coldest times, during a 24-hour period 
in January or February and in July or August.
    (4) The operator of each cable television system shall conduct 
triennial proof-of-performance tests of its system to determine the 
extent to which the system complies with the technical standards set 
forth in Sec. 76.605(a)(11).
    (c) Successful completion of the performance tests required by 
paragraph (b) of this section does not relieve the system of the 
obligation to comply with all pertinent technical standards at all 
subscriber terminals. Additional tests, repeat tests, or tests 
involving specified subscriber terminals may be required by the 
Commission or the local franchiser to secure compliance with the 
technical standards.
    (d) The provisions of paragraphs (b) and (c) of this section shall 
not apply to any cable television system having fewer than 1,000 
subscribers: Provided, however, that any cable television system using 
any frequency spectrum other than that allocated to over-the-air 
television and FM broadcasting (as described in Secs. 73.603 and 73.210 
of this chapter) is required to conduct all tests, measurements and 
monitoring of signal leakage that are required by this subpart. A cable 
television system operator complying with the monitoring, logging and 
the leakage repair requirements of Sec. 76.614, shall be considered to 
have met the requirements of this paragraph. However, the leakage log 
shall be retained for five years rather than the two years prescribed 
in Sec. 76.1706.

    Note 1 to Sec. 76.601: Prior to requiring any additional testing 
pursuant to Sec. 76.601(c), the local franchising authority shall 
notify the cable operator who will be allowed thirty days to come 
into compliance with any perceived signal quality problems which 
need to be corrected. The Commission may request cable operators to 
test their systems at any time.


    Note 2 to Sec. 76.601: Section 76.1717 contains recordkeeping 
requirements for each system operator in order to show compliance 
with the technical rules of this subpart.


    Note 3 to Sec. 76.601: Section 76.1704 contains recordkeeping 
requirements for proof of performance tests.

Sec. 76.605  [Amended]

    37. Section 76.605, Note 5 is amended by removing 
Sec. ``76.601(c)(2)'' each place it appears and adding in their place 
``Sec. 76.601(b)(2).''


Sec. 76.607  [Removed]

    38. Section 76.607 is removed.


Sec. 76.610  [Amended]

    39. Section 76.610 is amended by removing ``76.615'' and adding in 
its place ``76.1803 and 76.1804''.

    40. Section 76.614 is revised to read as follows:


Sec. 76.614  Cable television system regular monitoring.

    Cable television operators transmitting carriers in the frequency 
bands 108-137 and 225-400 MHz shall provide for a program of regular 
monitoring for signal leakage by substantially covering the plant every 
three months. The incorporation of this monitoring program into the 
daily activities of existing service personnel in the discharge of 
their normal duties will generally cover all portions of the system and 
will therefore meet this requirement. Monitoring equipment and 
procedures utilized by a cable operator shall be adequate to detect a 
leakage source which produces a field strength in these bands of 20 uV/
m or greater at a distance of 3 meters. During regular monitoring, any 
leakage source which produces a field strength of 20 uV/m or greater at 
a distance of 3 meters in the aeronautical radio frequency bands shall 
be noted and such leakage sources shall be repaired within a reasonable 
period of time.

    Note 1 to Sec. 76.614: Section 76.1706 contains signal leakage 
recordkeeping requirements applicable to cable operators.

Sec. 76.615  [Removed]

    41. Section 76.615 is removed.


Sec. 76.620  [Amended]

    42. Section 76.620, paragraph (a) is amended by removing 
Sec. 76.615(b)(1) through (6)'' and adding in its place 
``Secs. 76.1804(a) through (f),'' and by removing ``Sec. 76.615(b)(7)'' 
and adding in its place ``Sec. 76.1804(g)'', and in paragraph (b) by 
removing `` Sec. 76.615(b)(2)'' and adding in its place 
``Sec. 76.1804(b)''.


Sec. 76.630  [Amended]

    43. Section 76.630 is amended by removing paragraphs (c) and (d), 
by revising the note and by adding notes 2 and 3 to read as follows:


Sec. 76.630  Compatibility with consumer electronics equipment.

* * * * *

    Note 1 to Sec. 76.630: The provisions of paragraphs (a) and (b) 
of this section are applicable July 31, 1994, and June 30, 1994, 
respectively.


    Note 2 to Sec. 76.630: Sec. 76.1621 contains certain 
requirements pertaining to a cable operator's offer to supply 
subscribers with special equipment that will enable the simultaneous 
reception of multiple signals.


    Note 3 to Sec. 76.630: Sec. 76.1622 contains certain 
requirements pertaining to the provision of a consumer education 
program on compatibility matters to subscribers.

Sec. 76.900  [Removed]

    44. Section 76.900 is removed.

[[Page 53617]]

Sec. 76.931  [Removed]

    45. Section 76.931 is removed.


Sec. 76.932  [Removed]

    46. Section 76.932 is removed.


Sec. 76.934  [Amended]

    47. Section 76.934 is amended by removing paragraph (g)(2), by 
redesignating paragraphs (g)(3), (g)(4), and (g)(5) as newly designated 
paragraphs (g)(2), (g)(3) and (g)(4), and by adding a note to the end 
of paragraph (g), to read as follows:


Sec. 76.934  Small systems and small cable companies.

* * * * *

    Note to paragraph (g) of Sec. 76.934: Small systems owned by 
small cable companies must comply with the alternative rate 
agreement filing requirements of Sec. 76.1805.

* * * * *


Sec. 76.958  [Removed]

    48. Section 76.958 is removed.


Sec. 76.964  [Removed]

    49. Section 76.964 is removed.


Sec. 76.980  [Amended]

    50. Section 76.980 is amended by revising paragraph (d) and by 
adding a note to read as follows:


Sec. 76.980  Charges for customer changes.

* * * * *
    (d) A cable operator may establish a higher charge for changes 
effected solely by coded entry on a computer terminal or by other 
similarly simple methods, subject to approval by the franchising 
authority, for a subscriber changing service tiers more than two times 
in a twelve month period, except for such changes ordered in response 
to a change in price or channel line-up.
* * * * *

    Note 1 to Sec. 76.980: Cable operators must also notify 
subscribers of potential charges for customer service changes, as 
provided in Sec. 76.1604.

Sec. 76.987  [Amended]

    51. Section 76.987 is amended in paragraph (e) by removing 
``76.964'' and adding in its place ``Sec. 76.1603,'' and by removing 
paragraph (g), and by adding a note to read as follows:


Sec. 76.987  New product tiers.

* * * * *

    Note 1 to Sec. 76.987: Cable operators offering a NPT must 
comply with the notice requirement of Sec. 76.1605.


    52. Section 76.1404 is revised to read as follows:


Sec. 76.1404  Use of cable facilities by local exchange carriers.

    (a) For purposes of Sec. 76.505(d)(2), the Commission will 
determine whether use of a cable operator's facilities by a local 
exchange carrier is reasonably limited in scope and duration according 
to the procedures in paragraph (b) of this section.
    (b) Based on the record created by Sec. 76.1617 of the rules, the 
Commission shall determine whether the local exchange carrier's use of 
that part of the transmission facilities of a cable system extending 
from the last multi-use terminal to the premises of the end user is 
reasonably limited in scope and duration. In making this determination, 
the Commission will evaluate whether the proposed joint use of cable 
facilities promotes competition in both services and facilities, and 
encourages long-term investment in telecommunications infrastructure.

    53. Section 76.1503 is amended by revising paragraph (c)(2)(ii) and 
by adding Note 3 to paragraph (c)(2)(ii) to read as follows:


Sec. 76.1503  Carriage of video programming providers on open video 
systems.

* * * * *
    (c) * * *
    (2) * * *
    (ii) Subsequent changes in capacity or demand. An open video system 
operator must allocate open capacity, if any, at least once every three 
years, beginning three years from the date of service commencement. 
Open capacity shall be allocated in accordance with this section. Open 
capacity shall include all capacity that becomes available during the 
course of the three-year period, as well as capacity in excess of one-
third of the system's activated channel capacity on which the operator 
of the open video system or its affiliate selects programming.
* * * * *

    Note 3 to paragraph (c)(2)(ii): An open video system operator 
shall be required to comply with the recordkeeping requirements of 
Sec. 76.1712.

* * * * *

    54. Add subpart T to part 76 to read as follows:
Subpart T--Notices
Sec.
76.1601   Deletion or repositioning of broadcast signals.
76.1602   Customer service--general information.
76.1603   Customer service--rate and service changes.
76.1604   Charges for customer service changes.
76.1605   New product tier.
76.1606   Rate change while complaint pending.
76.1607   Principal headend.
76.1608   System technical integration requiring uniform election of 
must-carry or retransmission consent status.
76.1609   Non-duplication and syndicated exclusivity.
76.1610   Change of operational information.
76.1611   Political cable rates and classes of time.
76.1612   Personal attack.
76.1613   Political editorials.
76.1614   Identification of must-carry signals.
76.1615   Sponsorship identification.
76.1616   Contracts with local exchange carriers.
76.1617   Initial must-carry notice.
76.1618   Basic tier availability.
76.1619   Information on subscriber bills.
76.1620   Availability of signals.
76.1621   Equipment compatibility offer.
76.1622   Consumer education program on compatibility.

Subpart T--Notices


Sec. 76.1601  Deletion or repositioning of broadcast signals.

    Effective April 2, 1993, a cable operator shall provide written 
notice to any broadcast television station at least 30 days prior to 
either deleting from carriage or repositioning that station. Such 
notification shall also be provided to subscribers of the cable system.

    Note 1 to Sec. 76.1601: No deletion or repositioning of a local 
commercial television station shall occur during a period in which 
major television ratings services measure the size of audiences of 
local television stations. For this purpose, such periods are the 
four national four-week ratings periods--generally including 
February, May, July and November--commonly known as audience sweeps.

Sec. 76.1602  Customer service--general information.

    (a) A cable franchise authority may enforce the customer service 
standards set forth in paragraph (b) of this section against cable 
operators. The franchise authority must provide affected cable 
operators 90 days written notice of its intent to enforce standards.
    (b) Effective July 1, 1993, the cable operator shall provide 
written information on each of the following areas at the time of 
installation of service, at least annually to all subscribers, and at 
any time upon request:
    (1) Products and services offered;
    (2) Prices and options for programming services and conditions of 
subscription to programming and other services;
    (3) Installation and service maintenance policies;
    (4) Instructions on how to use the cable service;

[[Page 53618]]

    (5) Channel positions of programming carried on the system; and
    (6) Billing and complaint procedures, including the address and 
telephone number of the local franchise authority's cable office.
    (c) Subscribers shall be advised of the procedures for resolution 
of complaints about the quality of the television signal delivered by 
the cable system operator, including the address of the responsible 
officer of the local franchising authority.


Sec. 76.1603  Customer service--rate and service changes.

    (a) A cable franchise authority may enforce the customer service 
standards set forth in paragraph (b) of this section against cable 
operators. The franchise authority must provide affected cable 
operators 90 days written notice of its intent to enforce standards.
    (b) Customers will be notified of any changes in rates, programming 
services or channel positions as soon as possible in writing. Notice 
must be given to subscribers a minimum of thirty (30) days in advance 
of such changes if the change is within the control of the cable 
operator. In addition, the cable operator shall notify subscribers 30 
days in advance of any significant changes in the other information 
required by Sec. 76.1602.
    (c) In addition to the requirements of paragraph (b) of this 
section regarding advance notification to customers of any changes in 
rates, programming services or channel positions, cable systems shall 
give 30 days written notice to both subscribers and local franchising 
authorities before implementing any rate or service change. Such notice 
shall state the precise amount of any rate change and briefly explain 
in readily understandable fashion the cause of the rate change (e.g., 
inflation, changes in external costs or the addition/deletion of 
channels). When the change involves the addition or deletion of 
channels, each channel added or deleted must be separately identified.
    (d) A cable operator shall provide written notice to a subscriber 
of any increase in the price to be charged for the basic service tier 
or associated equipment at least 30 days before any proposed increase 
is effective. The notice should include the name and address of the 
local franchising authority.
    (e) To the extent the operator is required to provide notice of 
service and rate changes to subscribers, the operator may provide such 
notice using any reasonable written means at its sole discretion.
    (f) Notwithstanding any other provision of part 76 of this chapter, 
a cable operator shall not be required to provide prior notice of any 
rate change that is the result of a regulatory fee, franchise fee, or 
any other fee, tax, assessment, or charge of any kind imposed by any 
Federal agency, State, or franchising authority on the transaction 
between the operator and the subscriber.

    Note 1 to Sec. 76.1603: Section 624(h) of the Communications 
Act, 47 U.S.C. 544(h), contains additional notification requirements 
which a franchising authority may enforce.


    Note 2 to Sec. 76.1603: Section 624(d)(3) of the Communications 
Act, 47 U.S.C. 544(d)(3), contains additional notification 
provisions pertaining to cable operators who offer a premium channel 
without charge to cable subscribers who do not subscribe to such 
premium channel.


    Note 3 to Sec. 76.1603: Section 631 of the Communications Act, 
47 U.S.C. 551, contains additional notification requirements 
pertaining to the protection of subscriber privacy.

Sec. 76.1604  Charges for customer service changes.

    If a cable operator establishes a higher charge for changes 
effected solely by coded entry on a computer terminal or by other 
similarly simple methods, as provided in Sec. 76.980(d), the cable 
system must notify all subscribers in writing that they may be subject 
to such a charge for changing service tiers more than the specified 
number of times in any 12 month period.


Sec. 76.1605  New product tier.

    (a) Within 30 days of the offering of an NPT, operators shall file 
with the Commission a copy of the new rate card that contains the 
following information on their BSTs, CPSTs and NPTs:
    (1) The names of the programming services contained on each tier; 
and
    (2) The price of each tier.
    (b) Operators also must file with the Commission, copies of 
notifications that were sent to subscribers regarding the initial 
offering of NPTs. After this initial filing, cable operators must file 
updated rate cards and copies of customer notifications with the 
Commission within 30 days of rate or service changes affecting the NPT.


Sec. 76.1606  Rate change while complaint pending.

    A regulated cable operator that proposes to change any rate while a 
cable service tier complaint is pending before the Commission shall 
provide the Commission at least 30 days notice of the proposed change.


Sec. 76.1607  Principal headend.

    A cable operator shall provide written notice by certified mail to 
all stations carried on its system pursuant to the must-carry rules at 
least 60 days prior to any change in the designation of its principal 
headend.


Sec. 76.1608  System technical integration requiring uniform election 
of must-carry or retransmission consent status.

    A cable system that changes its technical configuration in such a 
way as to integrate two formerly separate cable systems must give 90 
days notice of its intention to do so to any television broadcast 
stations that have elected must-carry status with respect to one system 
and retransmission consent status with respect to the other. If the 
system and the station do not agree on a uniform election 45 days prior 
to integration, the cable system may require the station to make such a 
uniform election 30 days prior to integration.


Sec. 76.1609  Non-duplication and syndicated exclusivity.

    Within 60 days following the provision of service to 1,000 
subscribers, the operator of each such system shall file a notice to 
that effect with the Commission, and serve a copy of that notice on 
every television station that would be entitled to exercise network 
non-duplication protection or syndicated exclusivity protection against 
it.


76.1610  Change of operational information.

    Within 30 days following a change of cable television system 
operator, and/or change of the operator's mail address, and/or change 
in the operational status of a cable television system, the operator 
shall inform the Commission in writing of the following, as 
appropriate:
    (a) The legal name of the operator and whether the operator is an 
individual, private association, partnership or corporation. See 
Sec. 76.5(cc). If the operator is a partnership, the legal name of the 
partner responsible for communications with the Commission shall be 
supplied;
    (b) The assumed name (if any) used for doing business in each 
community;
    (c) The new mail address, including zip code, to which all 
communications are to be directed;
    (d) The nature of the operational status change (e.g., became 
operational on [year] [month], exceeded 49 subscribers, exceeded 499 
subscribers, operation terminated temporarily, operation terminated 
permanently);

[[Page 53619]]

    (e) The names and FCC identifiers (e.g., CA 0001) of the system 
communities affected.

    Note 1 to Sec. 76.1610: FCC system community identifiers are 
routinely assigned upon registration. They have been assigned to all 
reported system communities based on previous Form 325 data. If a 
system community in operation prior to March 31, 1972, has not 
previously been assigned a system community identifier, the operator 
shall provide the following information in lieu of the identifier: 
Community Name, Community Type (i.e., incorporated town, 
unincorporated settlement, etc.), County Name, State, Operator Legal 
Name, Operator Assumed Name for Doing Business in the Community, 
Operator Mail Address, and Year and Month service was first provided 
by the physical system.

Sec. 76.1611  Political cable rates and classes of time.

    If a system permits a candidate to use its cablecast facilities, 
the system shall disclose to all candidates information about rates, 
terms, conditions and all value-enhancing discount privileges offered 
to commercial advertisers. Systems may use reasonable discretion in 
making the disclosure; provided, however, that the disclosure includes, 
at a minimum, the following information:
    (a) A description and definition of each class of time available to 
commercial advertisers sufficiently complete enough to allow candidates 
to identify and understand what specific attributes differentiate each 
class;
    (b) A description of the lowest unit charge and related privileges 
(such as priorities against preemption and make goods prior to specific 
deadlines) for each class of time offered to commercial advertisers;
    (c) A description of the system's method of selling preemptible 
time based upon advertiser demand, commonly known as the ``current 
selling level,'' with the stipulation that candidates will be able to 
purchase at these demand-generated rates in the same manner as 
commercial advertisers;
    (d) An approximation of the likelihood of preemption for each kind 
of preemptible time; and
    (e) An explanation of the system's sales practices, if any, that 
are based on audience delivery, with the stipulation that candidates 
will be able to purchase this kind of time, if available to commercial 
advertisers.


Sec. 76.1612  Personal attack.

    (a) When, during origination cablecasting of issues of public 
importance, an attack is made upon the honesty, character, integrity, 
or like personal qualities of an identified person or group, the cable 
television system operator shall, within a reasonable time and in no 
event later than one (1) week after the attack, transmit to the person 
or group attacked:
    (1) Notification of the date, time, and identification of the 
cablecast;
    (2) A script or tape (or an accurate summary if a script or tape is 
not available) of the attack; and
    (3) An offer of a reasonable opportunity to respond over the 
system's facilities.
    (b) The provisions of paragraph (a) of this section shall not apply 
to cablecast material which falls within one or more of the following 
categories:
    (1) Personal attacks on foreign groups or foreign public figures;
    (2) Personal attacks occurring during uses by legally qualified 
candidates;
    (3) Personal attacks made during cablecasts not included in 
paragraph (a)(2) of this section and made by legally qualified 
candidates, their authorized spokespersons or those associated with 
them in the campaign, on other such candidates, their authorized 
spokespersons or persons associated with the candidates in the 
campaign; and
    (4) Bona fide newscasts, bona fide news interviews, and on-the-spot 
coverage of bona fide news events (including commentary or analysis 
contained in the foregoing programs, but, the provisions of paragraph 
(a) of this section shall be applicable to editorials of the cable 
television system operator).


Sec. 76.1613  Political editorials.

    Where a cable television system operator, in an editorial endorses 
or opposes a legally qualified candidate or candidates, the system 
operator shall, within 24 hours of the editorial, transmit the 
following to the other qualified candidate or candidates for the same 
office or the candidate opposed in the editorial:
    (a) Notification of the date, time, and channel of the editorial;
    (b) A script or tape of the editorial; and
    (c) An offer of a reasonable opportunity for a candidate or a 
spokesman of the candidate to respond over the system's facilities: 
Provided, however, that where such editorials are cablecast within 72 
hours prior to the day of the election, the system operator shall 
comply with the provisions of this paragraph sufficiently far in 
advance of the broadcast to enable the candidate or candidates to have 
a reasonable opportunity to prepare a response and to present it in a 
timely fashion.


Sec. 76.1614  Identification of must-carry signals.

    A cable operator shall respond in writing within 30 days to any 
written request by any person for the identification of the signals 
carried on its system in fulfillment of the must-carry requirements of 
Sec. 76.56.


Sec. 76.1615  Sponsorship identification.

    (a) When a cable television system operator engaged in origination 
cablecasting presents any matter for which money, service, or other 
valuable consideration is either directly or indirectly paid or 
promised to, or charged or accepted by such cable television system 
operator, the cable television system operator, at the time of the 
cablecast, shall announce that such matter is sponsored, paid for, or 
furnished, either in whole or in part, and by whom or on whose behalf 
such consideration was supplied: Provided, however, that ``service or 
other valuable consideration'' shall not include any service or 
property furnished either without or at a nominal charge for use on, or 
in connection with, a cablecast unless it is so furnished in 
consideration for an identification of any person, product, service, 
trademark, or brand name beyond an identification reasonably related to 
the use of such service or property on the cablecast. For the purposes 
of this section, the term ``sponsored'' shall be deemed to have the 
same meaning as ``paid for.'' In the case of any political 
advertisement cablecast under this paragraph that concerns candidates 
for public office, the sponsor shall be identified with letters equal 
to or greater than four (4) percent of the vertical picture height that 
air for not less than four (4) seconds.
    (b) Each cable television system operator engaged in origination 
cablecasting shall exercise reasonable diligence to obtain from 
employees, and from other persons with whom the system operator deals 
directly in connection with any matter for cablecasting, information to 
enable such system operator to make the announcement required by this 
section.
    (c) In the case of any political origination cablecast matter or 
any origination cablecast matter involving the discussion of public 
controversial issues for which any film, record, transcription, talent, 
script, or other material or service of any kind is furnished, either 
directly or indirectly, to a cable television system operator as an 
inducement for cablecasting such matter, an announcement shall be made 
both at the beginning and conclusion of such cablecast on which such 
material

[[Page 53620]]

or service is used that such film, record, transcription, talent, 
script, or other material or service has been furnished to such cable 
television system operator in connection with the transmission of such 
cablecast matter: Provided, however, that in the case of any cablecast 
of 5 minutes' duration or less, only one such announcement need be made 
either at the beginning or conclusion of the cablecast.
    (d) The announcement required by this section shall, in addition to 
stating the fact that the origination cablecasting matter was 
sponsored, paid for or furnished, fully and fairly disclose the true 
identity of the person or persons, or corporation, committee, 
association or other unincorporated group, or other entity by whom or 
on whose behalf such payment is made or promised, or from whom or on 
whose behalf such services or other valuable consideration is received, 
or by whom the material or services referred to in paragraph (c) of 
this section are furnished. Where an agent or other person or entity 
contracts or otherwise makes arrangements with a cable television 
system operator on behalf of another, and such fact is known or by the 
exercise of reasonable diligence, as specified in paragraph (b) of this 
section, could be known to the system operator, the announcement shall 
disclose the identity of the person or persons or entity on whose 
behalf such agent is acting instead of the name of such agent.
    (e) In the case of an origination cablecast advertising commercial 
products or services, an announcement stating the sponsor's corporate 
or trade name, or the name of the sponsor's product, when it is clear 
that the mention of the name of the product constitutes a sponsorship 
identification, shall be deemed sufficient for the purposes of this 
section and only one such announcement need be made at any time during 
the course of the cablecast.
    (f) The announcement otherwise required by this section is waived 
with respect to the origination cablecast of ``want ad'' or classified 
advertisements sponsored by an individual. The waiver granted in this 
paragraph shall not extend to a classified advertisement or want ad 
sponsorship by any form of business enterprise, corporate or otherwise.
    (g) The announcements required by this section are waived with 
respect to feature motion picture film produced initially and primarily 
for theatre exhibition.

    Note to Sec. 76.1615(g): The waiver heretofore granted by the 
Commission in its Report and Order, adopted November 16, 1960 (FCC 
60-1369; 40 FCC 95), continues to apply to programs filmed or 
recorded on or before June 20, 1963, when Sec. 73.654(e) of this 
chapter, the predecessor television rule, went into effect.

    (h) Commission interpretations in connection with the provisions of 
the sponsorship identification rules for the broadcasting services are 
contained in the Commission's Public Notice, entitled ``Applicability 
of Sponsorship Identification Rules,'' dated May 6, 1963 (40 FCC 141), 
as modified by Public Notice, dated April 21, 1975 (FCC 75-418). 
Further interpretations are printed in full in various volumes of the 
Federal Communications Commission Reports. The interpretations made for 
the broadcasting services are equally applicable to origination 
cablecasting.


Sec. 76.1616  Contracts with local exchange carriers.

    Within 10 days of final execution of a contract permitting a local 
exchange carrier to use that part of the transmission facilities of a 
cable system extending from the last multi-user terminal to the 
premises of the end use, the parties shall submit a copy of such 
contract, along with an explanation of how such contract is reasonably 
limited in scope and duration, to the Commission for review. The 
parties shall serve a copy of this submission on the local franchising 
authority, along with a notice of the local franchising authority's 
right to file comments with the Commission consistent with Sec. 76.7.


Sec. 76.1617  Initial must-carry notice.

    (a) Within 60 days of activation of a cable system, a cable 
operator must notify all qualified NCE stations of its designated 
principal headend by certified mail.
    (b) Within 60 days of activation of a cable system, a cable 
operator must notify all local commercial and NCE stations that may not 
be entitled to carriage because they either:
    (1) Fail to meet the standards for delivery of a good quality 
signal to the cable system's principal headend, or
    (2) May cause an increased copyright liability to the cable system.
    (c) Within 60 days of activation of a cable system, a cable 
operator must send by certified mail a copy of a list of all broadcast 
television stations carried by its system and their channel positions 
to all local commercial and noncommercial television stations, 
including those not designated as must-carry stations and those not 
carried on the system.


Sec. 76.1618  Basic tier availability.

    A cable operator shall provide written notification to subscribers 
of the availability of basic tier service to new subscribers at the 
time of installation. This notification shall include the following 
information:
    (a) That basic tier service is available;
    (b) The cost per month for basic tier service;
    (c) A list of all services included in the basic service tier.


Sec. 76.1619  Information on subscriber bills.

    (a) Effective July 1, 1993, bills must be clear, concise and 
understandable. Bills must be fully itemized, with itemizations 
including, but not limited to, basic and premium service charges and 
equipment charges. Bills will also clearly delineate all activity 
during the billing period, including optional charges, rebates and 
credits.
    (b) In case of a billing dispute, the cable operator must respond 
to a written complaint from a subscriber within 30 days.
    (c) A cable franchise authority may enforce the customer service 
standards set forth in this section against cable operators. The 
franchise authority must provide affected cable operators 90 days 
written notice of its intent to enforce standards.


Sec. 76.1620  Availability of signals.

    If a cable operator authorizes subscribers to install additional 
receiver connections, but does not provide the subscriber with such 
connections, or with the equipment and materials for such connections, 
the operator shall notify such subscribers of all broadcast stations 
carried on the cable system which cannot be viewed via cable without a 
converter box and shall offer to sell or lease such a converter box to 
such subscribers. Such notification must be provided by June 2, 1993, 
and annually thereafter and to each new subscriber upon initial 
installation. The notice, which may be included in routine billing 
statements, shall identify the signals that are unavailable without an 
additional connection, the manner for obtaining such additional 
connection and instructions for installation.


Sec. 76.1621  Equipment compatibility offer.

    Cable system operators that use scrambling, encryption or similar 
technologies in conjunction with cable system terminal devices, as 
defined in Sec. 15.3(e) of this chapter, that may affect subscribers' 
reception of signals shall offer to supply each subscriber with special 
equipment that will enable the simultaneous reception of multiple

[[Page 53621]]

signals. The equipment offered shall include a single terminal device 
with dual descramblers/decoders and/or timers and bypass switches. 
Other equipment, such as two independent set-top terminal devices may 
be offered at the same time that the single terminal device with dual 
tuners/descramblers is offered. For purposes of this rule, two set-top 
devices linked by a control system that provides functionality 
equivalent to that of a single device with dual descramblers is 
considered to be the same as a terminal device with dual descramblers/
decoders.
    (a) The offer of special equipment shall be made to new subscribers 
at the time they subscribe and to all subscribers at least once each 
year.
    (b) Such special equipment shall, at a minimum, have the 
capability:
    (1) To allow simultaneous reception of any two scrambled or 
encrypted signals and to provide for tuning to alternative channels on 
a pre-programmed schedule; and
    (2) To allow direct reception of all other signals that do not need 
to be processed through descrambling or decryption circuitry (this 
capability can generally be provided through a separate by-pass switch 
or through internal by-pass circuitry in a cable system terminal 
device).
    (c) Cable system operators shall determine the specific equipment 
needed by individual subscribers on a case-by-case basis, in 
consultation with the subscriber. Cable system operators are required 
to make a good faith effort to provide subscribers with the amount and 
types of special equipment needed to resolve their individual 
compatibility problems.
    (d) Cable operators shall provide such equipment at the request of 
individual subscribers and may charge for purchase or lease of the 
equipment and its installation in accordance with the provisions of the 
rate regulation rules for customer premises equipment used to receive 
the basic service tier, as set forth in Sec. 76.923. Notwithstanding 
the required annual offering, cable operators shall respond to 
subscriber requests for special equipment for reception of multiple 
signals that are made at any time.


Sec. 76.1622  Consumer education program on compatibility.

    Cable system operators shall provide a consumer education program 
on compatibility matters to their subscribers in writing, as follows:
    (a) The consumer information program shall be provided to 
subscribers at the time they first subscribe and at least once a year 
thereafter. Cable operators may choose the time and means by which they 
comply with the annual consumer information requirement. This 
requirement may be satisfied by a once-a-year mailing to all 
subscribers. The information may be included in one of the cable 
system's regular subscriber billings.
    (b) The consumer information program shall include the following 
information:
    (1) Cable system operators shall inform their subscribers that some 
models of TV receivers and videocassette recorders may not be able to 
receive all of the channels offered by the cable system when connected 
directly to the cable system. In conjunction with this information, 
cable system operators shall briefly explain, the types of channel 
compatibility problems that could occur if subscribers connected their 
equipment directly to the cable system and offer suggestions for 
resolving those problems. Such suggestions could include, for example, 
the use of a cable system terminal device such as a set-top channel 
converter. Cable system operators shall also indicate that channel 
compatibility problems associated with reception of programming that is 
not scrambled or encrypted programming could be resolved through use of 
simple converter devices without descrambling or decryption 
capabilities that can be obtained from either the cable system or a 
third party retail vendor.
    (2) In cases where service is received through a cable system 
terminal device, cable system operators shall indicate that subscribers 
may not be able to use special features and functions of their TV 
receivers and videocassette recorders, including features that allow 
the subscriber to: view a program on one channel while simultaneously 
recording a program on another channel; record two or more consecutive 
programs that appear on different channels; and, use advanced picture 
generation and display features such as ``Picture-in-Picture,'' channel 
review and other functions that necessitate channel selection by the 
consumer device.
    (3) In cases where cable system operators offer remote control 
capability with cable system terminal devices and other customer 
premises equipment that is provided to subscribers, they shall advise 
their subscribers that remote control units that are compatible with 
that equipment may be obtained from other sources, such as retail 
outlets. Cable system operators shall also provide a representative 
list of the models of remote control units currently available from 
retailers that are compatible with the customer premises equipment they 
employ. Cable system operators are required to make a good faith effort 
in compiling this list and will not be liable for inadvertent 
omissions. This list shall be current as of no more than six months 
before the date the consumer education program is distributed to 
subscribers. Cable operators are also required to encourage subscribers 
to contact the cable operator to inquire about whether a particular 
remote control unit the subscriber might be considering for purchase 
would be compatible with the subscriber's customer premises equipment.

    55. Add subpart U to part 76 to read as follows:
Subpart U--Documents to be Maintained for Inspection
Sec.
76.1700   Records to be maintained locally by cable system 
operators.
76.1701   Political file.
76.1702   Equal employment opportunity.
76.1703   Commercial matter on children's programs.
76.1704   Proof of performance test data.
76.1705   Performance tests (channels delivered).
76.1706   Signal leakage logs and repair records.
76.1707   Leased access.
76.1708   Principal headend.
76.1709   Availability of signals.
76.1710   Operator interests in video programming.
76.1711   Emergency alert system (EAS) tests and activation.
76.1712   Open video system (OVS) requests for carriage.
76.1713   Complaint resolution.
76.1714   FCC rules and regulations.
76.1715   Sponsorship identification.
76.1716   Subscriber records and public inspection file.
76.1717   Compliance with technical standards.

Subpart U--Documents to be Maintained for Inspection


Sec. 76.1700  Records to be maintained locally by cable system 
operators.

    (a) Recordkeeping requirements. The operator of every cable 
television system having fewer than 1,000 subscribers is exempt from 
the public inspection requirements contained in Secs. 76.1701 
(political file); 76.1715 (sponsorship identifications); 76.1702 (equal 
employment opportunity); 76.1703 (commercial records for children's 
programming); 76.1704 (proof-of-performance test data); and 76.1706 
(signal leakage logs and repair records). The operator of every cable 
television system having 1000 or more subscribers but fewer than 5000 
subscribers shall, upon request, provide the information required by 
Secs. 76.1715 (sponsorship

[[Page 53622]]

identifications); 76.1702 (equal employment opportunity); 76.1703 
(commercial records for children's programming); 76.1704 (proof-of-
performance test data); and 76.1706 (signal leakage logs and repair 
records) but shall maintain for public inspection a file containing a 
copy of all records required to be kept by Sec. 76.1701 (political 
file). The operator of every cable television system having 5000 or 
more subscribers shall maintain for public inspection a file containing 
a copy of all records which are required to be kept by Secs. 76.1701 
(political file); 76.1715 (sponsorship identifications); 76.1702 (equal 
employment opportunity); 76.1703 (commercial records for children's 
programming); 76.1704 (proof-of-performance test data); and 76.1706 
(signal leakage logs and repair records).
    (1) A record shall be kept of each test and activation of the 
Emergency Alert System (EAS) procedures pursuant to the requirement of 
part 11 of this chapter and the EAS Operating Handbook. These records 
shall be kept for three years.
    (2) [Reserved]
    (b) Location of records. The public inspection file shall be 
maintained at the office which the system operator maintains for the 
ordinary collection of subscriber charges, resolution of subscriber 
complaints, and other business or at any accessible place in the 
community served by the system unit(s) (such as a public registry for 
documents or an attorney's office). The public inspection file shall be 
available for public inspection at any time during regular business 
hours.
    (c) All or part of the public inspection file may be maintained in 
a computer database, as long as a computer terminal is made available, 
at the location of the file, to members of the public who wish to 
review the file.
    (d) The records specified in paragraph (a) of this section shall be 
retained for the period specified in Secs. 76.1701, 76.1702, 
76.1704(a), and 76.1706, respectively.
    (e) Reproduction of records. Copies of any material in the public 
inspection file shall be available for machine reproduction upon 
request made in person, provided the requesting party shall pay the 
reasonable cost of reproduction. Requests for machine copies shall be 
fulfilled at a location specified by the system operator, within a 
reasonable period of time, which in no event shall be longer than seven 
days. The system operator is not required to honor requests made by 
mail but may do so if it chooses.


Sec. 76.1701  Political file.

    (a) Every cable television system shall keep and permit public 
inspection of a complete and orderly record (political file) of all 
requests for cablecast time made by or on behalf of a candidate for 
public office, together with an appropriate notation showing the 
disposition made by the system of such requests, and the charges made, 
if any, if the request is granted. The ``disposition'' includes the 
schedule of time purchased, when spots actually aired, the rates 
charged, and the classes of time purchased.
    (b) When free time is provided for use by or on behalf of 
candidates, a record of the free time provided shall be placed in the 
political file.
    (c) All records required by this paragraph shall be placed in the 
political file as soon as possible and shall be retained for a period 
of two years. As soon as possible means immediately absent unusual 
circumstances.
    (d) Where origination cablecasting material is a political matter 
or matter involving the discussion of a controversial issue of public 
importance and a corporation, committee, association or other 
unincorporated group, or other entity is paying for or furnishing the 
matter, the system operator shall, in addition to making the 
announcement required by Sec. 76.1616(a), require that a list of the 
chief executive officers or members of the executive committee or of 
the board of directors of the corporation, committee, association or 
other unincorporated group, or other entity shall be made available for 
public inspection at the local office of the system. Such lists shall 
be kept and made available for a period of two years.


Sec. 76.1702  Equal employment opportunity.

    Every employment unit shall maintain for public inspection a file 
containing copies of all annual employment reports filed pursuant to 
Sec. 76.77. Each document shall be retained for a period of five years. 
The file shall be maintained at the central office and at every 
location with more than five full-time employees. A headquarters 
employment unit file and a file containing a consolidated set of all 
documents pertaining to the other employment units of a multiple cable 
operator shall be maintained at the central office of the headquarters 
employment unit. The cable entity shall provide reasonable 
accommodations at these locations for undisturbed inspection of his 
equal employment opportunity records by members of the public during 
regular business hours.


Sec. 76.1703  Commercial records on children's programs.

    Cable operators airing children's programming must maintain records 
sufficient to verify compliance with Sec. 76.225 and make such records 
available to the public. Such records must be maintained for a period 
sufficient to cover the limitations period specified in 47 U.S.C. 
503(b)(6)(B).


Sec. 76.1704  Proof-of-performance test data.

    (a) The proof of performance tests required by Sec. 76.601 shall be 
maintained on file at the operator's local business office for at least 
five years. The test data shall be made available for inspection by the 
Commission or the local franchiser, upon request.
    (b) The provisions of paragraph (a) of this section shall not apply 
to any cable television system having fewer than 1,000 subscribers, 
subject to the requirements of Sec. 76.601(d).

    Note to Sec. 76.1704: If a signal leakage log is being used to 
meet proof of performance test recordkeeping requirements in 
accordance with Sec. 76.601, such a log must be retained for the 
period specified in Sec. 76.601(d).

Sec. 76.1705  Performance tests (channels delivered).

    The operator of each cable television system shall maintain at its 
local office a current listing of the cable television channels which 
that system delivers to its subscribers.


Sec. 76.1706  Signal leakage logs and repair records.

    Cable operators shall maintain a log showing the date and location 
of each leakage source identified pursuant to Sec. 76.614, the date on 
which the leakage was repaired, and the probable cause of the leakage. 
The log shall be kept on file for a period of two years and shall be 
made available to authorized representatives of the Commission upon 
request.

    Note to Sec. 76.1705: If a signal leakage log is being used to 
meet proof of performance test recordkeeping requirements in 
accordance with Sec. 76.601, such a log must be retained for the 
period specified in Sec. 76.601(d).

Sec. 76.1707  Leased access.

    If a cable operator adopts and enforces a written policy regarding 
indecent leased access programming pursuant to Sec. 76.701, such a 
policy will be considered published pursuant to that rule by inclusion 
of the written policy in the operator's public inspection file.


Sec. 76.1708  Principal headend.

    (a) The operator of every cable television system shall maintain 
for public inspection the designation and

[[Page 53623]]

location of its principal headend. If an operator changes the 
designation of its principal headend, that new designation must be 
included in its public file.
    (b) Such records must be maintained in accordance with the 
provisions of Sec. 76.1700(b).


Sec. 76.1709  Availability of signals.

    (a) Effective June 17, 1993, the operator of every cable television 
system shall maintain for public inspection a file containing a list of 
all broadcast television stations carried by its system in fulfillment 
of the must-carry requirements pursuant to Sec. 76.56. Such list shall 
include the call sign, community of license, broadcast channel number, 
cable channel number, and in the case of a noncommercial educational 
broadcast station, whether that station was carried by the cable system 
on March 29, 1990.
    (b) Such records must be maintained in accordance with the 
provisions of Sec. 76.1700(b).
    (c) A cable operator shall respond in writing within 30 days to any 
written request by any person for the identification of the signals 
carried on its system in fulfillment of the requirements of Sec. 76.56.


Sec. 76.1710  Operator interests in video programming.

    (a) Cable operators are required to maintain records in their 
public file for a period of three years regarding the nature and extent 
of their attributable interests in all video programming services as 
well as information regarding their carriage of such vertically 
integrated video programming services on cable systems in which they 
have an attributable interest. These records must be made available to 
local franchise authorities, the Commission, or members of the public 
on reasonable notice and during regular business hours.
    (b) ``Attributable interest'' shall be defined by reference to the 
criteria set forth in the Notes to Sec. 76.501.


Sec. 76.1711  Emergency alert system (EAS) tests and activation.

    Every cable system of 1,000 or more subscribers shall keep a record 
of each test and activation of the Emergency Alert System (EAS) 
procedures pursuant to the requirement of part 11 of this chapter and 
the EAS Operating Handbook. These records shall be kept for three 
years.


Sec. 76.1712  Open video system (OVS) requests for carriage.

    An open video system operator shall maintain a file of qualified 
video programming providers who have requested carriage or additional 
carriage since the previous allocation of capacity. Information 
regarding how a video programming provider should apply for carriage 
must be made available upon request.

    Note 1 to Sec. 76.1712: An open video system operator will not 
be required to comply with the regulations contained in this section 
if there is no open capacity to be allocated at the end of the three 
year period described in Sec. 76.1503(c)(2)(ii).

Sec. 76.1713  Complaint resolution.

    Cable system operators shall establish a process for resolving 
complaints from subscribers about the quality of the television signal 
delivered. Aggregate data based upon these complaints shall be made 
available for inspection by the Commission and franchising authorities, 
upon request. These records shall be maintained for at least a one-year 
period.

    Note 1 to Sec. 76.1713: Prior to being referred to the 
Commission, complaints from subscribers about the quality of the 
television signal delivered must be referred to the local 
franchising authority and the cable system operator.

Sec. 76.1714  FCC rules and regulations.

    (a) The operator of a cable television system shall have a current 
copy of part 76 and, if subject to the Emergency Alert System (EAS) 
rules contained in part 11 of this chapter, an EAS Operating Handbook, 
and is expected to be familiar with the rules governing cable 
television systems and the EAS. Copies of the Commission's rules may be 
obtained from the Superintendent of Documents, Government Printing 
Office, Washington, D.C. 20402, at nominal cost. Copies of the EAS 
Operating Handbook may be obtained from the Commission's EAS staff, in 
Washington, DC.
    (b) The provisions of paragraph (a) of this section are not 
applicable to any cable television system serving fewer than 1000 
subscribers.
    (c) The licensee of a cable television relay station (CARS) shall 
have a current copy of part 78 of this chapter, and, in cases where 
aeronautical obstruction markings of antennas is required, part 17 of 
this chapter shall be available for use by the operator in charge. Both 
the licensee and the operator or operators responsible for the proper 
operation of the station are expected to be familiar with the rules 
governing cable television relay stations. Copies of the Commission's 
rules may be obtained from the Superintendent of Documents, Government 
Printing Office, Washington, D.C. 20402, at nominal cost.


Sec. 76.1715  Sponsorship identification.

    Whenever sponsorship announcements are omitted pursuant to 
Sec. 76.1615(f) of subpart T, the cable television system operator 
shall observe the following conditions:
    (a) Maintain a list showing the name, address, and (where 
available) the telephone number of each advertiser;
    (b) Make this list available to members of the public who have a 
legitimate interest in obtaining the information contained in the list.


Sec. 76.1716  Subscriber records and public inspection file.

    The operator of a cable television system shall make the system, 
its public inspection file, and its records of subscribers available 
for inspection upon request by an authorized representative of the 
Commission at any reasonable hour.


Sec. 76.1717  Compliance with technical standards.

    Each system operator shall be prepared to show, on request by an 
authorized representative of the Commission or the local franchising 
authority, that the system does, in fact, comply with the technical 
standards rules in part 76, subpart K.

    56. Add subpart V to part 76 to read as follows:
Subpart V--Reports and Filings
Sec.
Sec. 76.1800   Additional reports and filings.
Sec. 76.1801   Registration statement.
Sec. 76.1802   Equal employment opportunity.
Sec. 76.1803   Aeronautical frequencies: signal list.
Sec. 76.1804   Aeronautical frequencies: leakage monitoring (CLI).
Sec. 76.1805   Alternative rate regulation agreements.

Subpart V--Reports and Filings


Sec. 76.1800  Additional reports and filings.

    In addition to the reports and filings required by this subpart, 
cable operators must provide all notifications which are required by 
Sec. 1.1155 of this chapter (annual regulatory user fees). In addition, 
all cable systems subject to rate regulation must file FCC rate forms 
pursuant to the Commission's rate rules contained in subparts N and R 
of this part.

    Note 1 to Sec. 76.1800: Cable operators are required by the 
Copyright Act to make semi-annual filings of Statements of Account 
with the Licensing Division of the Copyright Office, Library of 
Congress, Washington, D.C. 20557.


    Note 2 to Sec. 76.1800: The Commission may require certain 
financial information to be submitted pursuant to Section 623(g) of 
the Communications Act, 47 U.S.C. 543(g).


[[Page 53624]]




Sec. 76.1801  Registration statement.

    A system community unit shall be authorized to commence operation 
only after filing with the Commission the following information:
    (a)(1) The legal name of the operator, entity identification or 
social security number, and whether the operator is an individual, 
private association, partnership, or corporation. If the operator is a 
partnership, the legal name of the partner responsible for 
communications with the Commission shall be supplied:
    (2) The assumed name (if any) used for doing business in the 
community;
    (3) The mail address, including zip code, and the telephone number 
to which all communications are to be directed;
    (4) The date the system provided service to 50 subscribers;
    (5) The name of the community or area served and the county in 
which it is located; and
    (6) The television broadcast signals to be carried which previously 
have not been certified or registered.
    (b) Registration statements shall be personally signed by the 
operator; by one of the partners, if the operator is a partnership; by 
an officer, if the operator is a corporation; by a member who is an 
officer, if the operator is an unincorporated association; or by any 
duly authorized employee of the operator.
    (c) Registration statements may be signed by the operator's 
attorney in case of the operator's physical disability or of his 
absence from the United States. The attorney shall in that event 
separately set forth the reasons why the registration statement was 
signed by the operator. In addition, if any matter is stated on the 
basis of the attorney's belief only (rather than his knowledge), he 
shall separately set forth his reasons for believing that such 
statements are true.
    (d) The Commission will give public notice of the filing of 
registration statements.


Sec. 76.1802  Equal employment opportunity.

    Each employment unit with six or more full-time employees shall 
file an annual employment report (FCC Form 395A) with the Commission on 
or before September 30 of each year, in accordance with Sec. 76.77.


Sec. 76.1803  Aeronautical frequencies: signal list.

    The operator of a cable system shall notify the Commission annually 
of all signals carried in the aeronautical radio frequency bands (108-
137 and 225-400 MHz), noting the type of information carried by the 
signal (television picture, aural, pilot carrier, or system control, 
etc.). The timely filing of FCC Form 325, Schedule 2, will meet this 
requirement.


Sec. 76.1804  Aeronautical frequencies: leakage monitoring (CLI).

    The operator of a cable system shall notify the Commission before 
transmitting any carrier or other signal component with an average 
power level across a 25 kHz bandwidth in any 160 microsecond time 
period equal to or greater than 10-4 watts at any point in the cable 
distribution system on any new frequency or frequencies in the 
aeronautical radio frequency bands (108-137 and 225-400 MHz). Such 
notification shall include:
    (a) Legal name and local address of the cable television operator;
    (b) The names and FCC identifiers (e.g., CA0001) of the system 
communities affected;
    (c) The names and telephone numbers of local system officials who 
are responsible for compliance with Secs. 76.610 through 76.616 and 
Sec. 76.1803;
    (d) Carrier and subcarrier frequencies and tolerance, types of 
modulation and the maximum average power levels of all carriers and 
subcarriers occurring at any location in the cable distribution system;
    (e) The geographical coordinates of a point near the center of the 
cable system, together with the distance (in kilometers) from the 
designated point to the most remote point of the cable plant, existing 
or planned, which defines a circle enclosing the entire cable plant;
    (f) A description of the routine monitoring procedure to be used; 
and
    (g) For cable operators subject to Sec. 76.611, the cumulative 
signal leakage index derived under Sec. 76.611(a)(1) or the results of 
airspace measurements derived under Sec. 76.611(a)(2), including a 
description of the method by which compliance with basic signal leakage 
criteria is achieved and the method of calibrating the measurement 
equipment. The information described in this paragraph (g) shall be 
provided to the Commission prior to July 1, 1990 and each calendar year 
thereafter.

    Note to Sec. 76.1804(g): Timely filing of FCC Form 320, ``Basic 
Signal Leakage Performance Report,'' will satisfy the annual filing 
requirement of paragraph (g).

Sec. 76.1805  Alternative rate regulation agreements.

    Small systems owned by small cable companies must file with the 
Commission a copy of any operative alternative rate regulation 
agreement entered into with a local franchising authority pursuant to 
Sec. 76.934(g), within 30 days after its effective date.

PART 100--DIRECT BROADCAST SATELLITE SERVICE

    57. The authority for Part 100 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 309, and 554.


Sec. 100.51  [Amended]

    58. Section 100.51 of paragraph (e) is amended by removing ``part 
76, subpart E'' and adding in its place ``part 76, subparts E and U.''

[FR Doc. 00-22470 Filed 9-1-00; 8:45 am]
BILLING CODE 6712-01-U