[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Notices]
[Page 12568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6526]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 02-570]


Commission Seeks Comment on BT North America, Inc.'s Expedited 
Petition for Clarification of the Contribution Obligations of Video 
Distribution Service Providers

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: This document seeks comments on BT North America, Inc. 
Petition for Clarification of the universal service contribution 
obligations of non-common carrier video distribution service providers. 
Specifically, BT North America asks the Commission to clarify that 
similarly situated entities transmitting video programming on a non-
common carrier basis, that do not compete with common carriers, should 
be exempted from contributing on the basis of revenues derived from 
these services.

DATES: Comments are due on or before April 9, 2002. Reply comments are 
due on or before April 19, 2002.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for where and how to 
file comments.

FOR FURTHER INFORMATION CONTACT: Paul Garnett, Attorney, Accounting 
Policy Division, Common Carrier Bureau, (202) 418-7400, TTY: (202) 418-
0484.

SUPPLEMENTARY INFORMATION: On February 6, 2002, BT North America, Inc. 
(BT North America) filed a Petition for Clarification of the universal 
service contribution obligations of non-common carrier video 
distribution service providers. Specifically, BT North America asks the 
Commission to clarify that similarly situated entities transmitting 
video programming on a non-common carrier basis, that do not compete 
with common carriers, should be exempted from contributing on the basis 
of revenues derived from these services. Universal service 
contributions are based on a contributor's interstate and international 
revenues derived from domestic end users for telecommunications or 
telecommunications services. The Commission has previously stated that, 
consistent with section 254(d) of the Act, open video systems, cable 
leased access, and direct broadcast satellite (DBS) providers must 
contribute to universal service for revenues derived from the provision 
of interstate telecommunications services, but are not required to 
contribute for revenues derived from interstate telecommunications. We 
also note that broadcasters are not required to contribute to universal 
service.
    BT North America asserts that the Commission's rationale for these 
exemptions should apply equally to its operations as well as other 
similarly situated entities. BT North America's Broadcast Division 
provides ``occasional use'' and ``full time'' broadcast services, 
including uplink, downlink, and transport portions of video 
transmission services. BT North America asserts that it does not 
compete with common carriers. Rather, BT North America argues that its 
competitors include other providers of satellite video transmission, 
broadcasters, DBS operators, and cable operators. We seek comment on 
this petition.
    Pursuant to Secs. 1.415 and 1.419 of the Commission's rules, 
interested parties may file comments are due on or before April 9, 2002 
and reply comments are due on or before April 19, 2002. Comments may be 
filed using the Commission's Electronic Comment Filing System (ECFS) or 
by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, (63 FR 24121, May 1, 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. If multiple docket or rulemaking 
numbers appear in the caption of this proceeding, however, commenters 
must transmit one electronic copy of the comments to each docket or 
rulemaking number referenced in the caption. 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 electronic comments by Internet e-mail. 
To receive filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], 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. Parties who choose to file 
by paper must file an original and four copies of each filing. If more 
than one docket or rulemaking number appears in the caption of this 
proceeding, commenters must submit two additional copies for each 
additional docket or rulemaking number. All filings must be sent to the 
Commission's Acting Secretary, William Caton, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554.
    Parties also must send three paper copies of their filing to Sheryl 
Todd, Accounting Policy Division, Common Carrier Bureau, Federal 
Communications Commission, 445 12th Street SW., Room 5-A422, 
Washington, DC 20554. In addition, commenters must send diskette copies 
to the Commission's copy contractor, Qualex International, Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554.
    Pursuant to Sec. 1.1206 of the Commission's rules, this proceeding 
will be conducted as a permit-but-disclose proceeding in which ex parte 
communications are permitted subject to disclosure.

    Dated: March 13, 2002.
Katherine L. Schroder,
Chief, Accounting Policy Division.
[FR Doc. 02-6526 Filed 3-18-02; 8:45 am]
BILLING CODE 6712-01-P