[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Rules and Regulations]
[Page 40870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15082]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[CS Docket No. 96-85, FCC 02-117]


Implementation of Cable Act Reform Provisions of the 
Telecommunications Act of 1996

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission addresses petitions for 
reconsideration or clarification regarding certain decisions in this 
proceeding. It affirms its earlier decisions and denies the petitions. 
This action by the Commission implements the cable reform provisions of 
the Telecommunications Act of 1996.

FOR FURTHER INFORMATION CONTACT: Thomas L. Horan, Media Bureau, 202-
418-7200.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration, FCC 02-117, adopted on April 16, 2002 and released 
on April 22, 2002. The full text of this Order on Reconsideration is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, Room CY-A257, 445 12th Street, SW., 
Washington, DC 20554 or may be downloaded at www.fcc.gov. The Order may 
be purchased from the Commission's copy contractor, Qualex 
International, 445 12th Street, SW., Room CY-B402, Washington, DC, 
20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail 
[email protected].
    In the Report and Order (``R&O''), 64 FR 35948, July 2, 1999, in 
this proceeding, the Commission adopted rules to implement the cable 
reform provisions of the Telecommunications Act of 1996. This Order on 
Reconsideration addresses and subsequently denies petitions for 
reconsideration or clarification regarding certain of our decisions in 
the R&O. The major decisions in the Order on Reconsideration are as 
follows:
     The Commission reiterates that a Local Franchising 
Authority (``LFA'') may establish and enforce requirements for 
facilities and equipment pursuant to the franchising and renewal 
provisions of the statute consistent with the statutory directive that 
forbids an LFA from directing the use of particular transmission 
technologies.
     The Commission reaffirms that bulk discounts should not be 
premised on a cable operator's exclusive access to all residents.
     The Commission reaffirms its prior decision that truly 
passive investments should be excluded when determining whether an 
entity is affiliated with a cable operator for purposes of the small 
cable operator rate rules
     The Commission reiterates that when determining if there 
is effective competition by a local exchange carrier, the Commission 
will make a fact-specific finding in each case.

Ordering Clause

    It is ordered that, pursuant to section 405 of the Communications 
Act of 1934, as amended, 47 U.S.C. 405, and section 1.106 of the 
Commission's rules, 47 CFR 1.106, the petitions for reconsideration or 
clarification are denied.

List of Subjects in 47 CFR Part 76

    Cable television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-15082 Filed 6-13-02; 8:45 am]
BILLING CODE 6412-01-P