97-11973. Open Video Systems  

  • [Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
    [Rules and Regulations]
    [Pages 26235-26239]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-11973]
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Parts 1 and 76
    
    [CS Docket No. 96-46; FCC 97-130]
    
    
    Open Video Systems
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Final rule.
    
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    SUMMARY: The Fourth Report and Order adopts and modifies rules and 
    policies concerning open video systems. The Fourth Report and Order 
    amends our regulations to reflect the provisions of the 
    Telecommunications Act of 1996 (the ``1996 Act'') which pertain to the 
    filing requirements for certification applications, comments and 
    oppositions, Notices of Intent and complaints concerning channel 
    carriage. This item further fulfills Congress' mandate in adopting the 
    1996 Act and will provide guidance to open video system certification 
    applicants, open video system operators, video programming providers 
    and consumers concerning open video systems.
    
    DATES: Effective upon approval of the OMB, but no sooner than June 12, 
    1997. The Commission will publish a document at a later date notifying 
    the public as to the effective date. Written comments by the public on 
    the modified information collections are due on or before June 12, 
    1997. Written comments must be submitted by OMB on the modified 
    information collections on or before July 14, 1997.
    
    ADDRESSES: A copy of any comments on the modified information 
    collections contained herein should be submitted to Dorothy Conway, 
    Federal Communications Commission, Room 234, 1919 M Street, N.W., 
    Washington, DC 20554, or via the Internet to dconway@fcc.gov, and to 
    Timothy Fain, OMB Desk Officer, 10236 NEOB, 725--17th Street, N.W., 
    Washington, DC 20503 or via the Internet to fain_t@al.eop.gov.
    
    FOR FURTHER INFORMATION CONTACT: Carolyn Fleming, Cable Services 
    Bureau, (202) 418-7200. For additional information concerning the 
    information collections contained herein contact Dorothy Conway at 202-
    418-0217, or via the Internet at dconway@fcc.gov.
    
    SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
    Fourth Report and Order in CS Docket No. 96-46, FCC 97-130, adopted 
    April 10, 1997 and released April 15, 1997. The full text of this 
    decision is available for inspection and copying during normal business 
    hours in the FCC Reference Center (Room 239), 1919 M Street, NW, 
    Washington, D.C. 20554, and may be purchased from the Commission's copy 
    contractor, International Transcription Service, (202) 857-3800, 1919 M 
    Street, NW, Washington, D.C. 20554.
        The Fourth Report and Order contains modified information 
    collections. It has been submitted to OMB for review, as required by 
    the Paperwork Reduction Act of 1995. The Commission, as part of its 
    continuing effort to reduce paperwork burdens, invites the general 
    public and OMB to comment on the information collections contained in 
    the Fourth Report and Order. 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: 3060-0700.
        Title: Open Video Systems Provisions.
        Form Number: FCC Form 1275.
        Type of Review: Revision of a currently approved collection.
        Respondents: Businesses and other for-profit entities; state, local 
    and tribal governments.
        Number of Respondents: 748. (10 OVS operators, 250 video 
    programming providers that may request additional Notice of Intent 
    information, file rate complaints, or dispute cases, 60 broadcast 
    stations that may elect type of carriage and make network non-
    duplication notifications, 100 programming providers that may make 
    notice of invalid rights claimed, 300 must-carry list requesters, 28 
    oppositions to OVS operator certifications.)
        Number of Responses: 3,754. (14 certification filings/refilings, 
    250 requests for additional Notice of Intent information, 250 responses 
    to requests for additional Notice of Intent information, 10 Notices of 
    Intent, 50 rate complaints, 50 rate justifications, 60 carriage 
    elections, 10 must-carry recordkeepers, 300 must-carry list requests, 
    300 provisions of must-carry lists, 1,200 notifications of network non-
    duplication rights to OVS operators, 100 programming provider 
    notifications of invalid rights claimed, 1,100 OVS operator 
    notifications to programming providers, 28 oppositions to 
    certifications, 20 dispute case complainants, and 20 dispute case 
    defendants.)
    
    [[Page 26236]]
    
        Estimated Burden to Respondents: Section 76.1502 Certification: We 
    estimate that prospective OVS operators will make a total of 14 
    certification filings and refilings on an annual basis. The average 
    burden to OVS operators for all aspects of each filing and refiling 
    process, including serving copies to appropriate entities, is estimated 
    to be 2 hours apiece; therefore 14 filings and refilings  x  2 = 28 
    hours. We estimate there will be an average of 2 oppositions to each 
    filing and refiling. The average burden entities will undergo in 
    drafting and filing each opposition with the Commission's Office of the 
    Secretary and Cable Services Bureaus is estimated to be 4 hours. 14 
    filings and refilings  x  2 oppositions each  x  4 hours for each 
    opposition = 112 hours.
        Section 76.1503 Carriage of video programming providers on open 
    video systems: We currently estimate 10 Notices of Intent will be filed 
    on an annual basis. The average number of entities that prospective OVS 
    operators must notify with each Notice of Intent is estimated to be 45. 
    The average burden for each OVS operator to undergo all aspects of the 
    Notice of Intent process, including serving copies to all entities is 
    estimated to be 8 hours; therefore 10 Notices  x  8 hours each = 80 
    hours. We estimate that the number of written requests for additional 
    information that will be received subsequent to Notices of Intent will 
    be 25 per Notice of Intent. 10 Notices  x  25 requests for additional 
    information = 250. The average burden to prospective video programming 
    providers to make each written request is estimated to be 2 hours 
    apiece; therefore 10  x  25  x  2 = 500 hours. The average burden to 
    each OVS operator to provide the additional information to the entire 
    group of prospective video programming providers who requested 
    additional information is estimated to be 8 hours apiece; therefore 10 
    Notices  x  8 hours = 80 hours.
        Section 76.1504 Rates, terms and conditions of carriage on open 
    video systems: We estimate that video programming providers will file 
    an average of 5 complaints against each OVS operator per year; 
    therefore 10 OVS operators  x  5 complaints = 50 complaints. We 
    estimate the average burden to draft and file a complaint is 1 hour; 
    therefore 50 complaints  x  1 hour = 50 hours. We estimate the burden 
    for OVS operators to undergo all aspects of the rate justification 
    process to be 20 hours per justification; therefore 10 OVS operators 
    x  5 justifications  x  20 hours for each justification = 1,000 hours.
        Section 76.1506 Carriage of television broadcast signals: We 
    estimate there are 10 OVS operators, each with an estimated average 
    number of 6 broadcast stations in each OVS operator's area of carriage. 
    We estimated the average burden to broadcast stations for each election 
    for must-carry or retransmission consent to be 2 hours per election; 
    therefore 10  x  6  x  2 hours = 120 hours. The estimated annual 
    recordkeeping burden for OVS operators to maintain list of broadcast 
    stations carried in fulfillment of must-carry requirements is 4 hours 
    per OVS operator; therefore 10  x  4 = 40 hours. The estimated annual 
    number of written requests received by OVS operators is 30 per OVS 
    operator; therefore 10  x  30 = 300. The burden for completing written 
    requests: .25 hours per request; therefore 10  x  30  x  .25 = 75 
    hours. The burden to OVS operators to respond to requests: .25 hours 
    per request; therefore 10  x  30  x  .25 = 75 hours.
        Section 76.1508 Network non-duplication, Section 76.1509 Syndicated 
    program exclusivity: We estimated number of notices to be filed by 
    television broadcast stations in order to notify OVS operators of 
    exclusive or non-duplication rights being exercised is 6 stations in 
    each OVS operator's area of carriage  x  20 estimated annual 
    notifications  x  10 OVS operators = 1,200. The burden to television 
    stations to make notifications is estimated to be .5 hours per notice; 
    therefore 1,200  x  .5 = 600 hours. We estimate the annual number of 
    notices filed by programming providers to notify OVS operators that the 
    sports exclusivity rights claimed are invalid to be 100. The burden to 
    programming providers to make notifications is estimated to be .5 hours 
    per notice; therefore 100  x  .5 hours = 50 hours. The burden for each 
    OVS operator to make notifications available to all programming 
    providers on their systems: 1 hour per notification  x  1,100 
    occurrences = 1,100 hours.
        Section 76.1513 Dispute resolution: We estimate there will be 20 
    initial notices filed by complainants annually as well as 20 
    defendants' responses to notices filed. The average burden for each 
    notice and response is estimated to be 4 hours apiece; therefore 40  x  
    4 = 160 hours. We estimate that the 20 annual notices will result in 
    the initiation of 10 dispute cases. The average burden for complainants 
    and defendants for undergoing all aspects of the dispute case is 
    estimated to be 25 hours per case; therefore 20 (10 complainants + 10 
    defendants)  x  25 = 500 hours.
        Total Annual Burden to respondents: 4,570 hours, as calculated 
    above.
        Estimated Costs to Respondents: Section 76.1502 Certification: 
    Costs of stationery, diskettes, and postage at $10 for 14 Form 1275 
    filings/refilings sent to the Commission and all applicable local 
    communities = $140. Costs of stationery and postage at $2 apiece for 28 
    sets of opposition filings = $56.
        Section 76.1503 Carriage of video programming providers on open 
    video systems: Costs of stationery and postage at $2 apiece for (10 
    Notices of Intent  x  45 entities) + 250 requests for additional 
    information + 250 responses to requests for additional information = 
    $1,900.
        Section 76.1504 Rates, terms and conditions of carriage on open 
    video systems: Costs of stationery and postage at $2 apiece for 50 rate 
    complaints + 50 rate justifications = $200.
        Section 76.1506 Carriage of television broadcast signals: Costs of 
    stationery and postage at $2 apiece for 60 carriage elections + 300 
    requests for lists + 300 provisions of lists = $1,320.
        Section 76.1508 Network non-duplication, Section 76.1509 Syndicated 
    program exclusivity: Costs of stationery and postage at $2 apiece for 
    1,200 notifications to OVS operators + 100 notifications of invalid 
    rights claimed + 1,100 OVS operator notifications to programming 
    providers = $4,800.
        Section 76.1513 Dispute resolution: Costs of stationery and postage 
    at $2 apiece for 20 notices + 20 responses to notices = $80. Costs of 
    stationery and postage at $10 apiece for 10 complainants in dispute 
    cases + 10 defendants in dispute cases = $200. $80 + $200 = $280.
        Total Annual Cost to respondents: $8,696 as calculated above.
        Needs and Uses: The information collections contained herein, which 
    are necessary to implement the statutory provisions for Open Video 
    Systems contained in the Telecommunications Act of 1996, have been 
    previously approved by OMB under OMB control number 3060-0700. The 
    following summary addresses only changes that have been adopted by the 
    Commission in its Fourth Report and Order.
    
    I. Introduction
    
        1. On February 8, 1996, the Telecommunications Act of 1996 added 
    Section 653 to the Communications Act of 1934, establishing open video 
    systems as a new framework for entry into the video programming 
    marketplace. Subsequently, the Commission adopted a series of orders 
    prescribing rules and policies governing the establishment and 
    operation of open video systems. The Commission has 10 calendar days 
    from receipt of a complete FCC Form 1275 to issue an order approving or 
    disapproving the certification. Upon receipt of a complete FCC Form 
    1275, the Commission will
    
    [[Page 26237]]
    
    publish a notice of the filing in the Daily Digest and post the filing 
    on the Commission's Internet site. Comments or oppositions to the 
    certification must be received by the Office of the Secretary within 
    five days of the applicant's filing and must be served upon the 
    applicant. The FCC Form 1275 will be deemed approved if the Commission 
    does not disapprove the filing within the 10 calendar day time period. 
    If the Commission disapproves the FCC Form 1275, the applicant may file 
    a revised FCC Form 1275 or refile its original submission with a 
    statement addressing the issues in dispute as stated in our order 
    disapproving the filing.
        2. Based on the experiences of recent open video system 
    certification proceedings, we believe that certain modifications to the 
    open video system procedures will benefit both the parties and the 
    Commission. The intent of this Fourth Report and Order is to revise our 
    procedures for both the filing of certification applications and the 
    filing of comments and oppositions to provide the most efficient 
    processing of applications for certification, given the limited 10-day 
    statutory deadline for deciding certification applications.
        3. Section 553 of the Administrative Procedures Act (``APA'') 
    provides that an agency must provide notice of proposed rules in the 
    Federal Register and afford an opportunity for interested persons to 
    present their views. However, rules of ``agency organization, 
    procedure, or practice'' are exempted from the APA's notice and comment 
    requirement. We find that the changes in the Commission's open video 
    system procedures proposed in this Fourth Report and Order fit within 
    this exception because they are purely ministerial and do not alter the 
    rights of interested parties. The purpose of these changes is to 
    organize the Commission's internal procedures to provide for a more 
    efficient processing of applications for certification. Accordingly, we 
    issue this Fourth Report and Order without providing for a prior notice 
    and comment period.
    
    II. Certification Application
    
        4. To date, certain certification applications that were submitted 
    were found to be improperly filed with the Commission because the 
    accompanying diskettes were not properly formatted. Parties are 
    reminded that all certification applications must be filed on 3.5 
    diskettes formatted in an IBM compatible form using Wordperfect 5.1 for 
    Windows and Excel 4.0 software. Attachments are part of the application 
    package and, therefore, are subject to the same diskette requirements 
    as the application, unless technologically infeasible. In addition, we 
    remind parties that a hard copy and a diskette copy of the FCC Form 
    1275 and all attachments must be filed with both the Office of the 
    Secretary and the Office of the Bureau Chief, Cable Services Bureau. In 
    order to ensure the prompt delivery of the application and related 
    pleadings to the staff person responsible for its review, parties are 
    required to attach a cover sheet to the filing and related pleadings 
    indicating that the submission is either an open video system 
    certification application or related pleadings. Specifically, for an 
    open video system certification application, the only wording on this 
    cover sheet shall be ``Open Video System Certification Application'' 
    and ``Attention: Cable Services Bureau.'' Similarly, for pleadings 
    related to an open video system application, the only wording on this 
    cover sheet shall be ``Open Video System Certification Application 
    Comments'' and ``Attention: Cable Services Bureau.'' In either case, 
    the wording shall be located in the center of the page and should be in 
    letters at least \1/2\ inch in size. For the purpose of open video 
    system certification applications and related pleadings, we are also 
    modifying our mailing address by requiring applications to be filed 
    with the Office of the Bureau Chief, Cable Services Bureau as well as 
    with the Office of the Secretary. Parties shall include the words 
    ``open video systems'' on their mailing envelopes.
    
    III. Filing Comments or Oppositions
    
        5. In several instances, comments or oppositions filed with the 
    Office of the Secretary were not also filed with, or served on, the 
    Cable Services Bureau. Due to the short review period for certification 
    applications, we now require parties wishing to respond to an FCC Form 
    1275 filing to submit comments or oppositions simultaneously to the 
    Office of the Secretary and the Bureau Chief, Cable Services Bureau. 
    Comments will not be considered timely filed unless filed with both 
    offices. Untimely filed comments will not be deemed properly filed, and 
    will not be considered by the Commission.
    
    IV. Calculation of Response Period
    
        6. Under the current rule, comments or oppositions must be filed 
    within five days of the applicant's filing. The Commission has 10 
    calendar days from receipt of a complete FCC Form 1275 to issue an 
    order approving or disapproving the certification. Intermediate 
    holidays are not counted in determining the commenters' five-day 
    response period, but are counted in determining the Commission's review 
    period. These two rules, taken together, could lead to a situation 
    where the Commission's order could be due on the same day that comments 
    are due, effectively denying the Commission an opportunity to review 
    the comments in rendering its decision.
        7. Accordingly, in this Fourth Report and Order we now modify this 
    rule to provide that comments or oppositions must be received by the 
    Office of the Secretary and the Bureau Chief, Cable Services Bureau 
    within five calendar days of the applicant's filing and served upon the 
    applicant. Intermediate holidays (e.g. Saturday, Sunday, and other 
    officially recognized federal holidays) will be counted in determining 
    the due date for filing comments and oppositions. If, after making the 
    necessary calculations, the due date for filing comments falls on a 
    holiday, comments shall be filed on the next business day before noon, 
    unless the nearest business day precedes the fifth calendar day 
    following a filing, in which case the comments will be due on the 
    preceding business day. We note that this modification of our 
    computation of time regulations applies solely to the open video system 
    certification process.
    
    V. Certification Denials
    
        8. If the Commission denies certification to an applicant, the 
    applicant may file a revised FCC Form 1275 or refile its original 
    submission with a statement addressing the issues in dispute as stated 
    in our order disapproving the filing. Applicants to operate an open 
    video system must serve such refilings on any objecting party from the 
    previous proceeding and on all local communities in which the applicant 
    intends to operate. The Commission will consider any revised or refiled 
    FCC Form 1275 to be a new proceeding. Commenters from the original 
    proceeding must refile their original comments if they think such 
    comments should be considered in the subsequent proceeding. All 
    persons, however, remain free to file new comments in response to a 
    refiled FCC Form 1275.
    
    VI. Channel Allocation and Carriage Dispute Resolution Proceedings
    
        9. In order to commence the channel allocation process, an operator 
    is required to file a Notice of Intent with the Commission. The 
    Commission then releases the Notice of Intent to the public. As part of 
    that release, the Cable
    
    [[Page 26238]]
    
    Services Bureau is required to publish the Notice on the Internet. In 
    order to ensure the prompt delivery of such notices to the staff 
    persons responsible for their review, we now require parties to include 
    the word ``open video systems'' on their mailing envelopes. Parties are 
    also now required to attach a cover sheet to the filing indicating that 
    the submission is an Open Video System Notice of Intent. Specifically, 
    for a Notice of Intent, the only wording on this cover sheet shall be 
    ``Open Video System Notice of Intent'' and ``Attention: Cable Services 
    Bureau.'' This wording shall be located in the center of the page and 
    should be in letters at least \1/2\ inch in size. Parties shall include 
    the words ``open video systems'' on their mailing envelopes. Parties 
    shall submit the Notice of Intent and related pleadings simultaneously 
    to the Office of the Secretary and the Bureau Chief, Cable Services 
    Bureau.
        10. Additionally, pursuant to Section 653(a)(2) of the 1996 
    Telecommunications Act, the Commission has the authority to resolve 
    disputes regarding open video system channel carriage. In order to 
    conform our procedures for the filing of such complaints with our 
    procedures for other open video system matters, parties are now 
    required to include the words ``open video systems'' on their mailing 
    envelopes. Parties are also now required to submit the complaint and 
    materials related to these proceedings simultaneously to the Office of 
    the Secretary and the Office of the Bureau Chief, Cable Services 
    Bureau. Such pleadings must include a cover sheet indicating that the 
    submission is either an Open Video System Channel Carriage Complaint or 
    related pleading. In either case, the only wording on this cover sheet 
    shall be ``Open Video System Channel Carriage Dispute Resolution'' and 
    ``Attention: Cable Services Bureau.'' This wording shall be located in 
    the center of the page and should be in letters at least \1/2\ inch in 
    size.
    
    VII. Paperwork Reduction Act of 1995 Analysis
    
        11. The requirements adopted in this Fourth Report and Order have 
    been analyzed with respect to the Paperwork Reduction Act of 1995 (the 
    ``PRA'') and found to impose modified information collection 
    requirements on the public. Implementation of any modified requirement 
    will be subject to approval by the Office of Management and Budget 
    (``OMB'') as prescribed by the PRA. The Commission, as part of its 
    continuing effort to reduce paperwork burdens, invites the general 
    public and other Federal agencies to comment on the information 
    collections contained in this Fourth Report and Order as required by 
    the PRA. Comments should address: (1) 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; (2) the accuracy of the Commission's burden 
    estimates; (3) ways to enhance the quality, utility, and clarity of the 
    information collected; and, (4) 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.
        12. Written comments must be submitted by the Office of Management 
    and Budget on the proposed and/or modified information collections on 
    or before July 14, 1997. A copy of any comments on the information 
    collections contained herein should be submitted to Dorothy Conway, 
    Federal Communications Commission, Room 234, 1919 M Street, NW., 
    Washington, DC 20554, or via the Internet to dconway@fcc.gov. For 
    additional information concerning the information collections contained 
    herein contact Dorothy Conway at 202-418-0217, or via the Internet at 
    dconway@fcc.gov.
    
    VIII. Ordering Clauses
    
        13. Accordingly, it is ordered that, pursuant to Section 4(i), 
    4(j), 303(r), and 653 of the Communications Act of 1934, as amended, 47 
    U.S.C. Secs. 154(i), 154(j), 303(r) and 573 of the rules, requirements 
    and policies discussed in this order are adopted and Section 76.1502(e) 
    of the Commission's rules, 47 CFR Sec. 76.1502 is amended as set forth 
    below.
        14. It is further ordered that the requirements and regulations 
    established in this decision shall become effective upon approval by 
    OMB of the new information collection requirements adopted herein, but 
    no sooner than June 12, 1997.
    
    List of Subjects in 47 CFR Parts 1 and 76
    
        Cable television.
    
    Federal Communications Commission
    William F. Caton,
    Acting Secretary.
    
    Rule Changes
    
        Accordingly Parts 1 and 76 of Title 47 are amended as follows:
    
    PART 1--PRACTICE AND PROCEDURE
    
        1. The authority citation for Part 1 continues to read as follows:
    
        Authority: 47 U.S.C. 151, 154, 207, 303 and 309(j).
    
        2. Section 1.4 is amended by revising paragraphs (g), (j), and (k) 
    to read as follows:
    
    
    Sec. 1.4  Computation of time.
    
    * * * * *
        (g) Unless otherwise provided (e.g., Secs. 1.773 and 76.1502(e)(1) 
    of this chapter), if the filing period is less than 7 days, 
    intermediate holidays shall not be counted in determining the filing 
    date.
    * * * * *
        (j) Unless otherwise provided (e.g. Sec. 76.1502(e) of this 
    chapter) if, after making all the computations provided for in this 
    section, the filing date falls on a holiday, the document shall be 
    filed on the next business day. See paragraph (e)(1) of this section.
        (k) Where specific provisions of part 1 conflict with this section, 
    those specific provisions of part 1 are controlling. See, 
    e.g.,Secs. 1.45(d), 1.773(a)(3) and 1.773(b)(2). Additionally, where 
    Sec. 76.1502(e) of this chapter conflicts with this section, those 
    specific provisions of Sec. 76.1502 are controlling. See e.g. 47 CFR 
    76.1502(e).
    
    PART 76--CABLE TELEVISION SERVICE
    
        3. 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, 5353, 536, 537, 543, 544, 544a, 545, 548, 552, 554, 556, 558, 
    560, 561, 571, 572, 573.
    
        4. Section 76.1502 is amended by revising paragraphs (d) and (e), 
    and adding new paragraph (f) to read as follows:
    
    
    Sec. 76.1502  Certification.
    
    * * * * *
        (d) Parties are required to attach a cover sheet to the filing 
    indicating that the submission is an open video system certification 
    application. The only wording on this cover sheet shall be ``Open Video 
    System Certification Application'' and ``Attention: Cable Services 
    Bureau.'' This wording shall be located in the center of the page and 
    should be in letters at least \1/2\ inch in size. Parties shall also 
    include the words ``open video systems'' on their mailing envelope.
        (e) (1) Comments or oppositions to a certification must be filed 
    within five calendar days of the Commission's receipt of the 
    certification and must be served on the party that filed the 
    certification. If, after making the necessary calculations, the due 
    date for
    
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    filing comments falls on a holiday, comments shall be filed on the next 
    business day before noon, unless the nearest business day precedes the 
    fifth calendar day following a filing, in which case the comments will 
    be due on the preceding business day. For example, if the fifth day 
    falls on a Saturday, then the filing would be due on that preceding 
    Friday. However, if the fifth day falls on Sunday, then the filing will 
    be due on the next day, Monday, before noon (or Tuesday, before noon if 
    the Monday is a holiday).
        (2) Parties wishing to respond to a FCC Form 1275 filing must 
    submit comments or oppositions with the Office of the Secretary and the 
    Bureau Chief, Cable Services Bureau. Comments will not be considered 
    properly filed unless filed with both of these Offices. Parties are 
    required to attach a cover sheet to the filing indicating that the 
    submission is a pleading related to an open video system application, 
    the only wording on this cover sheet shall be ``Open Video System 
    Certification Application Comments.'' This wording shall be located in 
    the center of the page and should be in letters at least \1/2\ inch in 
    size. Parties shall also include the words ``open video systems'' on 
    their mailing envelopes.
        (f) If the Commission does not disapprove the certification 
    application within ten days after receipt of an applicant's request, 
    the certification application will be deemed approved. If disapproved, 
    the applicant may file a revised certification or refile its original 
    submission with a statement addressing the issues in dispute. Such 
    refilings must be served on any objecting party or parties and on all 
    local communities in which the applicant intends to operate. The 
    Commission will consider any revised or refiled FCC Form 1275 to be a 
    new proceeding and any party who filed comments regarding the original 
    FCC Form 1275 will have to refile their original comments if they think 
    such comments should be considered in the subsequent proceeding.
        5. Section 76.1503 is amended by revising paragraph (b)(1) 
    introductory text to read as follows:
    
    
    Sec. 76.1503  Carriage  of video programming providers on open video 
    systems.
    
    * * * * *
        (b) * * *
        (1) Notification. An open video system operator shall file with the 
    Secretary of the Federal Communications Commission a ``Notice of 
    Intent'' to establish an open video system, which the Commission will 
    release in a Public Notice. Parties are required to attach a cover 
    sheet to the filing indicating that the submission is an Open Video 
    System Notice of Intent. The only wording on this cover sheet shall be 
    ``Open Video System Notice of Intent'' and ``Attention: Cable Services 
    Bureau.'' This wording shall be located in the center of the page and 
    should be in letters at least \1/2\ inch in size. Parties shall also 
    include the words ``open video systems'' on their mailing envelopes. 
    Parties must submit copies of the Notice of Intent with the Office of 
    the Secretary and the Bureau Chief, Cable Services Bureau. The Notice 
    of Intent shall include the following information:
    * * * * *
        6. Section 76.1513 is amended by adding new paragraphs (d)(8) and 
    (d)(9) to read as follows:
    
    
    Sec. 76.1513  Dispute resolution.
    
    * * * * *
        (d) * * *
        (8) Parties are required to submit the complaint and materials 
    related to these proceedings simultaneously to the Office of the 
    Secretary and the Bureau Chief, Cable Services Bureau.
        (9) Pleadings must include a cover sheet indicating that the 
    submission is either an Open Video System Channel Carriage Complaint or 
    related pleading. In either case, the only wording on this cover sheet 
    shall be ``Open Video System Channel Carriage Dispute Resolution'' and 
    ``Attention: Cable Services Bureau.'' This wording shall be located in 
    the center of the page and should be in letters at least \1/2\ in size. 
    Parties shall also include the words ``open video systems'' on their 
    mailing envelopes.
    * * * * *
    [FR Doc. 97-11973 Filed 5-12-97; 8:45 am]
    BILLING CODE 6712-01-P
    
    
    

Document Information

Effective Date:
6/12/1997
Published:
05/13/1997
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-11973
Dates:
Effective upon approval of the OMB, but no sooner than June 12, 1997. The Commission will publish a document at a later date notifying the public as to the effective date. Written comments by the public on the modified information collections are due on or before June 12, 1997. Written comments must be submitted by OMB on the modified information collections on or before July 14, 1997.
Pages:
26235-26239 (5 pages)
Docket Numbers:
CS Docket No. 96-46, FCC 97-130
PDF File:
97-11973.pdf
CFR: (5)
47 CFR 76.1502(e)
47 CFR 1.4
47 CFR 76.1502
47 CFR 76.1503
47 CFR 76.1513