[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Rules and Regulations]
[Pages 26997-27004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12132]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 76, and 78

[CS Docket No. 00-78, FCC 03-55]


Implementation of Electronic Filing for the Multichannel Video 
and Cable Television Service and the Cable Television Relay Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

[[Page 26998]]

SUMMARY: This document revises rules to allow for electronic filing of 
forms by Multichannel Video Programming Distributors (``MVPDs'') via 
the Cable Operations And Licensing System (``COALS''). When COALS, 
currently being completed, is fully implemented MVPDs will be able to 
file over the Internet cable community registrations, aeronautical 
frequency notifications, operational change information, cable 
television system reports, annual signal leakage reports, and Cable 
Television Relay Service (CARS) applications. Electronic filing of each 
type of data will become mandatory 6 months after the Commission has 
determined that the form for collecting it has been reliably automated. 
This action includes providing forms for information previously 
submitted by letter and simplifying the CARS license application.

DATES: These rules contain information collection requirements that 
have not been approved by OMB. The Federal Communications Commission 
will publish a document in the Federal Register announcing the 
effective date of these rules. Public and agency comments are due July 
18, 2003.

FOR FURTHER INFORMATION CONTACT: Wayne T. McKee, 202-418-2355, or 
Michael Lance, 202-418-7014. For additional information concerning the 
information collection(s) contained in this document, contact Judith B. 
Herman at 202-418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O) in CS Docket No. 00-78; FCC 03-55, adopted March 13, 
2003, and released March 19, 2003. The complete text of this R&O is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Courtyard Level, 445 12th Street, 
SW., Washington, DC, and also may be purchased from the Commission's 
copy contractor, Qualex International, Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, telephone 202-863-2893, 
facsimile 202-863-2898, or via e-mail at [email protected]. Alternative 
formats (computer diskette, large print, audio cassettes, and Braille) 
are available to persons with disabilities by contacting Brian Millin 
at 202-418-7426, TTY 202-418-7365, or at [email protected]. In addition 
to filing comments with the Office of the Secretary, a copy of any 
comments on the information collection(s) contained herein should be 
submitted to Judith B. Herman, Federal Communications Commission, Room 
1-C804, 445 12th Street, SW., Washington, DC 20554, or via the Internet 
to [email protected].
    The Notice of Proposed Rule Making (NPRM) in this proceeding may be 
found at 65 FR 48211, August 7, 2000.

Synopsis of the Report and Order

    This Report and Order revises our rules governing the filing of the 
majority of forms filed by the public for the Multichannel Video and 
Cable Television Service (``MVCTS'') and applications in the Cable 
Television Relay Service (``CARS''). In addition to the CARS microwave 
applications, these forms include cable television operator 
registrations, change of operational information, cable television 
system reports, aeronautical frequency usage filings, and annual signal 
leakage reports. These rule changes facilitate our implementation of 
the Cable Operations and Licensing System (``COALS'') and will allow 
for a new electronic filing system. This action will reduce the effort 
for Multichannel Video Programming Distributors (``MVPDs'') to file 
applications, reports, and other documents. It will also enhance the 
availability to the industry and the public of cable system and 
multichannel video programming systems information. This action is also 
another step for the Commission in complying with Government Paperwork 
Elimination Act.
    Use of COALS will become mandatory in phases as the Commission 
verifies its reliability for filing each form. Thus, electronic filing 
of each form will be made mandatory six months after the Commission 
announces that the software for filing that form is available. The 
Commission will publish by Public Notice the date on which mandatory 
filing will begin. In cases where filers can show that electronic 
filing will work a hardship on them, the Commission will consider 
waivers of the mandatory filing requirement.
    This Report and Order also makes modifications to procedural rules 
for filings by MVPDs. It redefines major and minor modifications of 
CARS stations and license applications. It also requires that 
geographic coordinates be given using the 1983 North American Datum 
(NAD83).
    This Report and Order contains new or modified information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Pub. L. 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the new or modified information collection(s) contained in this 
proceeding.

Paperwork Reduction Act

    This Report and Order contains a modified information collection. 
The Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collection(s) contained in this Report and Order as required by the 
Paperwork Reduction Act of 1995, Pub. L. 104-13.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(``RFA''), an Initial Regulatory Flexibility Analysis (``IRFA'') was 
incorporated in the Notice of Proposed Rulemaking (``NPRM'') in CS 
Docket No. 00-78, FCC 00-165. The Commission sought written public 
comment on the proposals in the Notice, including comment on the IRFA. 
This present Final Regulatory Flexibility Analysis (``FRFA'') conforms 
to the RFA.

A. Need for, and Objectives of, This Report and Order

    We revise our rules governing the filing of forms and applications 
for the Multichannel Video and Cable Television Services. These include 
applications in the Cable Television Relay Service (CARS microwave 
applications), cable television operator registrations, and 
aeronautical frequency usage filings. These rule changes are designed 
to facilitate our implementation of electronic filing via the new Cable 
Operations And Licensing System (``COALS''). We undertake 
implementation of the COALS electronic filing system so that cable 
services applicants and associated parties may file documents with 
greater speed and efficiency. Because it is available over the Internet 
and is fully searchable, the system will also make license and cable 
operational information more accessible to the Commission's staff, the 
MVPD industry, and the general public. Furthermore, it is expected that 
the cost of filing applications or obtaining information will be 
reduced.

B. Summary of Significant Issues Raised by Public Comments in Response 
to IRFA

    No one commented in direct response to the IRFA. We received only 
one comment in the proceeding--from the National Cable 
Telecommunications Association (``NCTA''). That comment did address the 
issue of the burden on small entities that would result if we decide to 
make electronic filing

[[Page 26999]]

mandatory. We responded to their concern by creating an indefinite 
transition period during which electronic filing will be optional. A 
waiver of the requirement may also be granted.

C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of, small entities that will 
be affected by the rules adopted herein. The RFA generally 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. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (``SBA'').
    A small organization is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' Nationwide, as of 1992, there were approximately 275,801 small 
organizations. ``Small government jurisdiction'' generally means 
``governments of cities, counties, towns, townships, villages, school 
districts, or special districts, with a population of less than 
50,000.'' As of 1992, there were approximately 85,006 governmental 
entities in the United States. This number includes 38,978 counties, 
cities, and towns: of these, 37,566, or 96%, have populations of fewer 
than 50,000. The Census Bureau estimates that this ratio is 
approximately accurate for all governmental entities. Thus, of the 
85,006 governmental entities, we estimate that 81,600 (96%) are small 
entities. Below, we further describe and estimate the number of small 
entity licensees and regulatees that may be affected by these rules. It 
is possible that various types of small organizations are cable 
operators or other types of Multichannel Video Programming Distributor.
    The rules we adopt will apply to all Multichannel Video Programming 
Distributors. This includes cable systems, the Multipoint Distribution 
Service (``MDS''), the Multichannel, Multipoint Distribution Service 
(``MMDS''), and Private Cable Operators (``PCOs'').
    Small MVPDs. SBA has developed a definition of small entities for 
cable and other pay television services, which includes such companies 
generating $12.5 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, open video systems, and subscription 
television services. According to the Census Bureau, there were 1,423 
such cable and other pay television services generating less than $12.5 
million in revenue. We address below services individually to provide a 
more precise estimate of small entities.
    The Commission has developed, with SBA's approval, its 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 fewer than 400,000 subscribers nationwide. Based on our 
most 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. The 
Commission's rules define a ``small system,'' for the purposes of rate 
regulation, as a cable system with 15,000 or fewer subscribers. The 
Commission does not request nor does the Commission collect information 
concerning cable systems serving 15,000 or fewer subscribers and thus 
is unable to estimate, at this time, the number of small cable systems 
nationwide.
    The Communications Act also contains a definition of a small cable 
system operator, which is ``a cable operator that, directly of 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 subscribers in the 
United States. Therefore, a cable 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 approximately 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 definition in the 
Communications Act. It should be further noted that recent industry 
estimates project that there will be a total of 64,000,000 subscribers 
and we have based our fee revenue estimates on that figure.
    Private Cable Operators/Satellite Master Antenna Systems. Based on 
our most recent information, we estimate that there are 3400 private 
cable operators (``PCOs''). Most of these qualify as small cable 
companies under the SBA and Commission rate regulation definitions. 
These operators primarily serve multiple dwelling units (``MDU'') and 
commercial multiple tenant units (``MTU''). The MDU market is comprised 
of 20 to 25 million units. Commercial multiple tenant units (and there 
SBA size standards) include hotels ($6.0 million), hospitals ($29.0 
million), nursing care facilities ($11.5 million), homes for the 
elderly ($6.0 million), and similar facilities. PCOs serve 3,000 to 
4,000 customers each, but some serve 15,000 to 55,000 subscribers each. 
Consequently, most PCOs are small entities, and we estimate that there 
are more than 3,400 small entity private cable system operators that 
may be affected by the decisions and rules we are adopting.
    Open Video System (``OVS''). The Commission has certified 26 OVS 
operators. As an OVS is comparable in most ways to a cable system, the 
cable system size standards are appropriate. Of these, one, Affiliates 
of Residential Communications Network, Inc. (``RCN''), is clearly not a 
small system. RCN received approval to operate OVS systems in New York 
City, Boston, Washington, DC, and other areas. RCN has approximately 
506,700 video subscribers; is the largest broadband service provider in 
the country, 1.5 million homes passed; and is the thirteenth largest 
MVPD. The Commission has not set a separate size standard for an OVS. 
Under that standard RCN is not a small system operator. Little 
financial information is available for the other entities authorized to 
provide OVS service that are not yet operational. Given that other 
entities have been authorized to provide OVS service but have not yet 
begun to generate revenues, we conclude that at least some of the OVS 
operators qualify as small entities under FCC standards.
    Multichannel, Multipoint Distribution Service (``MMDS''). The 
Commission refined the definition of ``small entity'' for the auction 
of MMDS as an entity

[[Page 27000]]

that, together with its affiliates, has annual average gross revenues 
that are not more than $40 million for the proceeding three calendar 
years. This definition of a small entity, in the context of the 
Commission's decision concerning MMDS auctions, has been approved by 
the SBA.
    The Commission completed its MMDS auction in March 1996 for 
authorization in 493 basic trading areas (``BTAs''). Of the 67 winning 
bidders, 61 qualified as small entities under the Commission 
definition. Five winners indicated that they were minority-owned and 
four winners indicated that they were women-owned businesses. In 1998, 
the Commission released the Two-Way Order permitting MDS/ITFS licensees 
to construct digital two-way systems that could provide high-speed, 
high-capacity broadband service, including two-way Internet service via 
cellularized communication systems. As a result, although over 2,650 
MDS and MMDS licenses have been issued in the U.S., four companies--
Sprint, WorldCom, Nucentrix and BellSouth--hold more than half of the 
licenses. Collectively, these four companies can potentially reach 75% 
of the U.S. population. The number of MMDS subscribers, however, has 
declined to approximately 490,000 from 700,000 last year. Presumably, 
the remaining licenses are held by small businesses under the 
Commission auction standard for small entities.

D. Description of Projected Reporting, Record Keeping and other 
Compliance Requirements

    This Report and Order creates no additional reporting, record 
keeping, or other requirements. Rather, makes reporting easier and more 
efficient by permitting filing by electronic means via the Internet. It 
also simplifies reporting by standardizing forms and deleting duplicate 
and unnecessary data collections.

E. Steps Taken To Minimize the Impact on Small Entities, and 
Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
that it has considered in developing its approach, which may include 
the following four alternatives (among others): ``(1) the establishment 
of differing compliance or reporting requirements or timetables that 
take into account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    The impact of this action on small entities will not only be 
identical to the impact on large entities, it will be entirely 
beneficial. It gives them the option of eliminating the cost and 
expense of filing paper copies of required documents. We did not adopt 
a requirement for mandatory electronic filing specifically because of 
concerns for the burden that mandatory filing might impose upon small 
entities.
    Report to Congress. We will send a copy of this Report and Order, 
including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act of 1996. A copy of this report and Order and 
FRFA (or summary thereof) will also be published in the Federal 
Register, pursuant to 5 U.S.C. 604(b), and will be sent to the Chief 
Counsel for Advocacy of the Small Business Administration.

Ordering Clauses

0
Accordingly, pursuant to authority found in sections 4(i)-(j) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i)-(j), 303(c), 
(f), and (r), and 309(j), the Commission's rules are amended as set 
forth in this Order.
0
The action contained herein has been analyzed with respect to the 
Paperwork Reduction Act of 1995, Public Law 104-13, and found to impose 
new or modified information collection requirements on the public. 
Implementation of these new or modified information collection 
requirements will be subject to approval by the Office of Management 
and Budget (OMB) as prescribed by the Paperwork Reduction Act. 
Consequently, the amendments to the Commission's rules set forth in 
this Order will become effective upon announcement in the Federal 
Register of OMB approval of the new or modified information collecting 
requirements and the implementation of the electronic filing system 
specified therein.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, 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 0

    Organization and functions (Government agencies), Reporting and 
recordkeeping requirements.

47 CFR Part 1

    Reporting and recordkeeping requirements.

47 CFR Part 76

    Cable television, Reporting and recordkeeping requirements.

47 CFR Part 78

    Cable television, Communications equipment, Radio, Reporting and 
recordkeeping requirements.

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

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 0, 1, 76, and 78 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Revise Sec.  0.401(b)(3) to read as follows:


Sec.  0.401  Location of Commission offices.

* * * * *
    (b) * * *
    (3) Alternatively, applications and other filings may be sent 
electronically via the Universal Licensing System (ULS) or the Cable 
Operations and Licensing System (COALS) as appropriate for use of those 
systems.

PART 1--PRACTICE AND PROCEDURE

0
3. The authority citation for part 1 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


0
4. In the table in Sec.  1.1104, entry 8 is amended by revising the 
introductory text and by revising entries h. and i. to read as follows:


Sec.  1.1104  Schedule of charges for applications and other filings 
for media services.

* * * * *

[[Page 27001]]



----------------------------------------------------------------------------------------------------------------
                                                                    Payment type
            Action                FCC form No.      Fee amount          code                  Address
----------------------------------------------------------------------------------------------------------------
8. Multichannel Video and Cable Television Services
                                                  * * * * * * *
h. Registration of a Cable           322 & 159            50.00               TAC  Federal Communications
 Community.                                                                         Commission, Media Services,
                                                                                    P.O. Box 358205, Pittsburgh,
                                                                                    PA 15251-5205.
i. Aeronautical Frequency            321 & 159            50.00               TAC  Federal Communications
 Notification.                                                                      Commission, Media Services,
                                                                                    P.O. Box 358205, Pittsburgh,
                                                                                    PA 15215-5205.
----------------------------------------------------------------------------------------------------------------


0
5. Section 1.1111 is amended by adding paragraph (d) to read as 
follows:


Sec.  1.1111  Filing locations.

* * * * *
    (d) Fees for applications and other filings pertaining to the 
Multichannel Video and Cable Television Service (MVCTS) and the Cable 
Television Relay Service (CARS) that are submitted electronically via 
the Cable Operations and Licensing System (COALS) may be paid 
electronically or sent to the Commission's lock box bank manually. When 
paying manually, applicants must include the FCC Form 159 generated by 
COALS (pre-filled with the transaction confirmation number) and 
completed with the necessary additional payment information to allow 
the Commission to verify that payment was made. Manual payments must be 
received no later than ten (10) days after receipt of the application 
or filing in COALS or the application or filing will be dismissed.

0
6. Add subpart M to read as follows:

Subpart M--Cable Operations and Licensing System (COALS)

Sec.
1.1701 Purpose.
1.1702 Scope.
1.1703 Definitions.
1.1704 Station files.
1.1705 Forms; electronic and manual filing.
1.1706 Content of filings.
1.1707 Acceptance of filings.


Sec.  1.1701  Purpose.

    To provide electronic filing of applications, notifications, 
registration statements, reports, and related documents in the 
Multichannel Video and Cable Television Services and the Cable 
Television Relay Services.


Sec.  1.1702  Scope.

    This subpart applies to filings required by Sec. Sec.  76.403, 
76.1610, 76.1801, 76.1803, & 76.1804, and 78.11 through 78.36 of this 
chapter.


Sec.  1.1703  Definitions.

    For purposes of this subpart, the following definitions apply:
    (a) Application. A request on Form 327 for a station license as 
defined in Section 3(b) of the Communications Act, completed in 
accordance with Sec.  78.15 and signed in accordance with Sec.  78.16 
of this chapter, or a similar request to amend a pending application or 
to modify or renew an authorization. The term also encompasses requests 
to assign rights granted by the authorization or to transfer control of 
entities holding authorizations.
    (b) Authorization. A written instrument issued by the FCC conveying 
authority to operate, for a specified period, a station in the Cable 
Television Relay Service. In addition, this term includes authority 
conveyed by operation of rule upon filing notification of aeronautical 
frequency usage by MVPDs or registration statements by cable operators.
    (c) Cable Operations And Licensing System (COALS). The consolidated 
database, application filing system, and processing system for 
Multichannel Video and Cable Television Services (MVCTS) and the Cable 
Television Relay Service (CARS). COALS supports electronic filing of 
all applications, notifications, registrations, reports, and related 
documents by applicants and licensees in the MVCTS and CARS, and 
provides public access to licensing information.
    (d) Cable Television Relay Service (CARS). All services authorized 
under part 78 of this title.
    (e) Filings. Any application, notification, registration statement, 
or report in plain text or, when as prescribed, on FCC Forms 320, 321, 
322, 324, 325, or 327, whether filed in paper form or electronically.
    (f) Multichannel Video and Cable Television Services (MVCTS). All 
services authorized or operated in accordance with part 76 of this 
title.
    (g) Receipt date. The date an electronic or paper application is 
received at the appropriate location at the Commission or the lock box 
bank. Major amendments to pending applications as defined in Sec.  
78.109 of this chapter, will result in the assignment of a new receipt 
date.
    (h) Signed. For manually filed applications only, an original hand-
written signature. For electronically filed applications only, an 
electronic signature. An electronic signature shall consist of the name 
of the applicant transmitted electronically via COALS and entered on 
the filing as a signature.


Sec.  1.1704  Station files.

    Applications, notifications, correspondence, electronic filings and 
other material, and copies of authorizations, comprising technical, 
legal, and administrative data relating to each system in the 
Multichannel Video and Cable Television Services (MVCTS) and the Cable 
Television Relay Service (CARS) are maintained by the Commission in 
COALS and the Public Reference Room. These files constitute the 
official records for these stations and supersede any other records, 
database or lists from the Commission or other sources.


Sec.  1.1705  Forms; electronic and manual filing.

    (a) Application forms. Operators in the Multichannel Video and 
Cable Television Services (MVCTS) and applicants and licensees the 
Cable Television Relay Service (CARS) shall use the following forms and 
associated schedules:
    (1) FCC Form 320, Basic Signal Leakage Performance Report. FCC Form 
320 is used by MVPDs to report compliance with the basic signal leakage 
performance criteria.
    (2) FCC Form 321, Aeronautical Frequency Notification. FCC Form 321 
is used by MVPDs to notify the Commission prior to operating channels 
in the aeronautical frequency bands.
    (3) FCC Form 322, Cable Community Registration. FCC Form 322 is 
used by cable system operators to commence operation for each community 
unit.
    (4) FCC Form 324, Operator, Address, and Operational Information 
Changes.

[[Page 27002]]

FCC Form 324 is used by cable operators to notify the Commission of 
changes in administrative data about the operator and operational 
status changes.
    (5) FCC Form 325, Cable Television System Report. FCC Form 325 is 
used by cable operators to report general information and signal and 
frequency distribution data.
    (6) FCC Form 327, Application for Cable Television Relay Service 
Station License. FCC Form 327 and associated schedules is used to apply 
for initial authorizations, modifications to existing authorizations, 
amendments to pending applications, and renewals of station 
authorizations. FCC Form 327 is also used to apply for Commission 
consent to assignments of existing CARS authorizations and to apply for 
Commission consent to the transfer of control of entities holding CARS 
authorizations.
    (b) Electronic filing. Six months after the Commission announces 
their availability for electronic filing, all applications and other 
filings using FCC Forms 320, 321, 322, 324, 325, and 327 and their 
respective associated schedules must be filed electronically in 
accordance with the electronic filing instructions provided by COALS.
    (1) There will be two ways for parties to electronically file 
applications with the Commission: batch and interactive.
    (i) Batch filing. Batch filing involves data transmission in a 
single action. Batch filers will follow a set Commission format for 
entering data. Batch filers will then send, via file transfer protocol, 
batches of data to the Commission for compiling. COALS will compile 
such filings overnight and respond the next business day with a return 
or dismissal of any defective filings. Thus, batch filers will not 
receive immediate correction from the system as they enter the 
information.
    (ii) Interactive filing. Interactive filing involves data 
transmission with screen-by-screen prompting from the Commission's 
COALS system. Interactive filers will receive prompts from the system 
identifying data entries outside the acceptable ranges of data for the 
individual fields at the time the data entry is made.
    (2) Attachments to applications must be uploaded along with the 
electronically filed application whenever possible.
    (3) Any associated documents submitted with an application must be 
uploaded as attachments to the application whenever possible. The 
attachment should be uploaded via COALS in Adobe Acrobat Portable 
Document Format (PDF) whenever possible.
    (c) Manual filing. (1) Forms 320, 321, 322, 324, 325, and 327 may 
be filed manually.
    (2) Manual filings must be submitted to the Commission at the 
appropriate address with the appropriate filing fee. The addresses for 
filing and the fee amounts for particular applications are listed in 
subpart G of this part, and in the appropriate fee filing guide for 
each service available from the Commission's Forms Distribution Center 
by calling 1-800-418-FORM (3676). The form may be downloaded from the 
Commission's Web site: http://www.fcc.gov.
    (3) Manual filings requiring fees as set forth at subpart G, of 
this part must be filed in accordance with Sec.  0.401(b) of this 
chapter.
    (4) Manual filings that do not require fees must be addressed and 
sent to the Media Bureau, Federal Communications Commission, 445 12th 
Street, SW., Washington, DC 20554.
    (5) FCC forms may be reproduced and the copies used in accordance 
with the provisions of Sec.  0.409 of this chapter.
    (d) Applications requiring prior coordination. Parties filing 
applications that require frequency coordination shall, prior to 
filing, complete all applicable frequency coordination requirements in 
Sec.  78.36 of this chapter.


Sec.  1.1706  Content of filings.

    (a) General. Filings must contain all information requested on the 
applicable form and any additional information required by the rules in 
this title and any rules pertaining to the specific service for which 
the filing is made.
    (b) Antenna locations. Applications for CARS stations and 
aeronautical frequency usage notifications must describe each 
transmitting antenna site or center of the cable system, respectively, 
by its geographical coordinates. Geographical coordinates must be 
specified in degrees, minutes, and seconds to the nearest tenth of a 
second of latitude and longitude. Submissions must provide such data 
using the NAD83 datum.
    (c) Antenna structure registration. Owners of certain antenna 
structures must notify the Federal Aviation Administration and register 
with the Commission as required by Part 17 of this chapter. 
Applications proposing the use of one or more new or existing antenna 
structures must contain the FCC Antenna Registration Number(s) of each 
structure for which registration is required. If registration is not 
required, the applicant must provide information in its application 
sufficient for the Commission to verify this fact.
    (d) Environmental concerns. Each applicant is required to indicate 
at the time its application is filed whether a Commission grant of the 
application may have a significant environmental effect, as defined by 
Sec.  1.1307. If yes, an Environmental Assessment, required by Sec.  
1.1311, must be filed with the application and environmental review by 
the Commission must be completed prior to construction.
    (e) International coordination. Channel assignments and usage under 
part 78 are subject to the applicable provisions and requirements of 
treaties and other international agreements between the United States 
government and the governments of Canada and Mexico.
    (f) Taxpayer Identification Number (TINs). All filers are required 
to provide their Taxpayer Identification Numbers (TINS) (as defined in 
26 U.S.C. 6109) to the Commission, pursuant to the Debt Collection 
Improvement Act of 1996 (DCIA). Under the DCIA, the FCC may use an 
applicant or licensee's TIN for purposes of collecting and reporting to 
the Department of the Treasury any delinquent amounts arising out of 
such person's relationship with the Government.


Sec.  1.1707  Acceptance of filings.

    Regardless of filing method, all submissions with an insufficient 
fee, grossly deficient or inaccurate information, or those without a 
valid signature will be dismissed immediately. For any submission that 
is found subsequently to have minimally deficient or inaccurate 
information, we will notify the filer of the defect. We will allow 15 
days from the date of this notification for correction or amendment of 
the submission if the amendment is minor. If the applicant files a 
timely corrected application, it will ordinarily be processed as a 
minor amendment in accordance with the Commission's rules. Thus it will 
have no effect on the initial filing date of the application or the 
applicant's filing priority. If, however, the amendment made by the 
applicant is not a simple correction, but constitutes a major amendment 
to the application, it will be governed by the rules and procedures 
applicable to major amendments, that is, it will be treated as a new 
application with a new filing date and new fees must be paid by the 
applicant. Finally, if the applicant fails to submit an amended 
application within the period specified in the notification, the 
application will be subject to dismissal for failure to prosecute.

[[Page 27003]]

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
7. 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.


0
8. Amend Sec.  76.403 by revising the second sentence to read as 
follows:


Sec.  76.403  Cable television system reports.

    * * * These forms shall be completed and filed with (returned to) 
the Commission within 60 days after the Commission notifies the 
operator that the form is due. * * * ,
0
9. Revise Sec.  76.620 to read as follows:


Sec.  76.620  Non-cable multichannel video programming distributors 
(MVPDs).

    Sections 76.605(a)(12), 76.610, 76.611, 76.612, 76.614, 76.1803, 
76.1804, 76.616, and 76.617 shall apply to all non-cable MVPDs. 
Exception: Non-cable MVPDs serving less than 1000 subscribers and less 
than 1000 units do not have to comply with Sec.  76.1804(g).

0
10. Amend Sec.  76.1610 by revising the introductory text and 
paragraphs (a), (c), and (d) and adding paragraph (g) to read as 
follows:


Sec.  76.1610  Change of operational information.

    The Operator shall inform the Commission on FCC Form 324 whenever 
there is a change of cable television system operator; change of legal 
name, change of the operator's mailing address or FCC Registration 
Number (FRN); or change in the operational status of a cable television 
system. Notification must be done within 30 days from the date the 
change occurs and must include the following information, as 
appropriate:
    (a) The legal name of the operator and whether the operator is an 
individual, private association, partnership, corporation, or 
government entity. 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;
* * * * *
    (c) The physical address, including zip code, and e-mail address, 
if applicable, to which all communications are to be directed;
    (d) The nature of the operational status change (e.g., operation 
terminated, merged with another system, inactive, deleted, etc.);
* * * * *
    (g) The FCC Registration Number (FRN).

0
11. Revise Sec.  76.1801 to read as follows:


Sec.  76.1801  Registration statement.

    (a) A system community unit shall be authorized to commence 
operation only after filing with the Commission the following 
information on FCC Form 322.
    (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 mailing address, including zip code; e-mail address, if 
applicable; and telephone number to which communications are to be 
directed;
    (4) The month and year the system began service to subscribers;
    (5) The name of the community or area served and the county in 
which it is located;
    (6) The television broadcast signals to be carried which previously 
have not been certified or registered; and
    (7) The FCC Registration Number (FRN).
    (b) Registration statements, FCC Form 322, shall be 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, FCC Form 322, 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 not 
signed by the operator. In addition, if any matter is stated on the 
basis of the attorney's belief only (rather than the attorney's 
knowledge), the attorney shall separately set forth the reasons for 
believing that such statements are true.

0
12. Section Sec.  76.1803 is revised to read as follows:


Sec.  76.1803  Signal Leakage Monitoring.

    MVPDs subject to Sec.  76.611 must submit the results of ground 
based measurements derived in accordance with Sec.  76.611(a)(1) or 
airspace measurements derived in accordance with 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. This information shall be provided to the 
Commission each calendar year via FCC Form 320.

0
13. Section 76.1804 is revised to read as follows:


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

    An MVPD 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). The notification shall be made on FCC 
Form 321. Such notification shall include:
    (a) Legal name and local address of the MVPD;
    (b) The names and FCC identifiers (e.g., CA0001) of the system 
communities affected, for a cable system, and the name and FCC 
identifier (e.g., CAB901), for other MVPDs;
    (c) The names and telephone numbers of local system officials who 
are responsible for compliance with Sec. Sec.  76.610 through 76.616 
and Sec.  76.1803;
    (d) Carrier frequency, tolerance, and type of modulation of all 
carriers in the aeronautical bands at any location in the cable 
distribution system and the maximum of those average powers measured 
over a 2.5 kHz bandwidth as described in the introductory paragraph to 
this rule section;
    (e) The geographical coordinates (in NAD83) of a point near the 
center of the system, together with the distance (in kilometers) from 
the designated point to the most remote point of the plant, existing or 
planned, that defines a circle enclosing the entire plant;
    (f) Certification that the monitoring procedure used is in 
compliance with Sec.  76.614 or description of the routine monitoring 
procedure to be used; and
    (g) For MVPDs 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 the basic signal 
leakage criteria is achieved and the method of calibrating the 
measurement equipment.
    (h) Aeronautical Frequency Notifications, FCC Form 321, shall be 
personally signed either electronically or manually 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

[[Page 27004]]

officer, if the operator is an unincorporated association; or by any 
duly authorized employee of the operator.
    (i) Aeronautical Frequency Notifications, FCC Form 321, 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 FCC Form 321 was 
not signed by the operator. In addition, if any matter is stated on the 
basis of the attorney's belief only (rather than the attorney's 
knowledge), the attorney shall separately set forth the reasons for 
believing that such statements are true.
    (j) The FCC Registration Number (FRN).

PART 78--CABLE TELEVISION RELAY SERVICE

0
14. The authority citation for Part 78 continues to read as follows:

    Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 
152, 153, 154, 301, 303, 307, 308, 309.

0
15. Revise Sec.  78.17 to read as follows:


Sec.  78.17  Amendment of applications.

    Any application may be amended as a matter of right prior to the 
adoption date of any final action taken by the Commission with respect 
to the application. If a petition to deny has been filed, the amendment 
shall be served on the petitioner.

0
16. Amend Sec.  78.20 by revising the first sentence of paragraph (a) 
to read as follows:


Sec.  78.20  Acceptance of applications; public notice.

    (a) Applications which are tendered for filing are dated upon 
receipt and then forwarded to the Media Bureau where an examination is 
made to ascertain whether the applications are complete. * * *
* * * * *

0
17. In Sec.  78.35 add paragraphs (d) and (e) to read as follows:


Sec.  78.35  Assignment or transfer of control.

* * * * *
    (d) If an assignment or transfer of control involves a substantial 
change of interest, and requires prior FCC approval, the CARS licensee 
is required to file FCC Form 327 with the Commission.
    (e) Licensees are required to notify the Commission of consummation 
of an approved transfer or assignment. The assignee or transferee is 
responsible for providing this notification, including the date the 
transaction was consummated. The transaction must be consummated and 
notification provided to the Commission within 60 days of public notice 
of approval, and notification of consummation must occur no later than 
30 days after actual consummation, unless a request for an extension of 
time to consummate is filed.

0
18. Revise Sec.  78.109 to read as follows:


Sec.  78.109  Major and minor modifications to stations.

    (a) Amendments to applications and modifications to stations are 
classified as major or minor. A major modification requires a formal 
application. A major amendment to an application is treated as a new 
application.
    (b) Major modifications to a station or amendments to an 
application include, but are not limited to:
    (1) Any increase in bandwidth;
    (2) Any change in the transmitting antenna system of a station, 
other than a CARS pickup station, including the direction of the main 
radiation lobe, directive pattern, antenna gain or transmission line, 
antenna height or location;
    (3) Any change in the type of modulation;
    (4) Any change in the location of a station transmitter, other than 
a CARS pickup station transmitter, except a move within the same 
building or upon the tower or mast or a change in the area of operation 
of a CARS pickup station;
    (5) Any change in frequency assignment, including polarization;
    (6) Any increase in authorized operating power;
    (7) Any substantial change in ownership or control;
    (8) Any addition or change in frequency, excluding removing a 
frequency;
    (9) Any modification or amendment requiring an environmental 
assessment (as governed by Sec. Sec.  1.1301 through 1319 of this 
chapter, including changes affecting historic preservation under Sec.  
1.1307(a)(4) of this chapter and 16 U.S.C. 470 (National Historic 
Preservation Act));
    (10) Any request requiring frequency coordination; or
    (11) Any modification or amendment requiring notification to the 
Federal Aviation Administration as defined in 47 CFR 17, subpart B.
    (c) Minor changes may be made at the discretion of the licensee, 
provided proper notice is given to the Commission within 30 days of 
implementing the change and provided further, that the changes are 
appropriately reflected in the next application for renewal of the 
license for the station.
    (d) For applications and modifications, the following changes are 
considered minor:
    (1) Any name change not involving change in ownership or control of 
the license;
    (2) Any change to administrative information, e.g., address, 
telephone number, or contact person;
    (3) Any change in ownership that does not affect the identity or 
controlling interest of the licensee;
    (4) Lowering power;
    (5) Removing one or more channels; or
    (6) Deleting a path.
[FR Doc. 03-12132 Filed 5-16-03; 8:45 am]
BILLING CODE 6712-01-P