[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Proposed Rules]
[Pages 6210-6212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3127]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MM Docket No. 92-260; FCC 95-503]
Cable Home Wiring
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Further Notice of Proposed Rulemaking (``FNPRM'') requests
comment on wiring issues concerning loop-through wiring and the right
of persons other than the subscriber to purchase cable home wiring. The
FNPRM will assist the Commission in devising additional regulations in
this area.
DATES: Written comments by the public on the proposed and/or modified
information collections are due March 18, 1996. Interested parties may
file comments on or before March 18, 1996 and reply comments on or
before April 17, 1996. Written comments must be submitted by OMB on the
proposed and/or modified information collections on or before April 16,
1996.
ADDRESSES: In addition to filing comments with the Secretary, 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, 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, D.C. 20503 or via the Internet to
fain__t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Lynn Crakes or Rick Chessen, Cable
Services Bureau, (202) 416-0800. For additional information concerning
the information collections contained in this Order and FNPRM 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 Further Notice of Proposed
Rulemaking in MM Docket No. 92-260, FCC No. 95-503, adopted December
15, 1995 and released January 26, 1996.
I. Further Notice of Proposed Rulemaking
A. Multiple Dwelling Unit Buildings with Loop-Through Wiring
1. We solicit comment on Liberty's request that the Commission
require cable operators to allow a building owner to purchase loop-
through wiring in the limited situation where all subscribers in a
multiple dwelling unit building want to switch to a new service
provider. We ask whether we should apply the same rules regarding
compensation (i.e., wiring may be purchased at the per-foot replacement
cost) and technical standards to loop-through wiring that we now apply
to non-loop-through wiring. We solicit comment on the appropriate
demarcation point for this limited application of the home wiring
rules. We note, however, that we are concerned with allowing the
multiple dwelling unit building owner to control the wiring since such
control could arguably supersede subsequent subscribers' wishes. We
therefore solicit comment on how to apportion control of a loop-through
wiring system, including how to assure that subscribers have a choice
of multichannel video programming service providers. We
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further solicit comment on whether we should prohibit future
installations of loop-through wiring configurations, and whether we
have the statutory authority to do so.
B. Others' Rights to Cable Home Wiring
2. We solicit comment on several issues raised in this proceeding
regarding the rights of persons other than the subscriber or the cable
operator to cable home wiring. For instance, it has been asserted that
the Commission's cable home wiring rules do not apply when the owner of
a multiple dwelling unit building terminates cable service for the
entire building in favor of an alternative multichannel video
programming service provider. According to the record, at least one
cable operator has contended that no ``voluntary termination by the
subscriber,'' as provided in Section 76.802 of our rules, has occurred
when it is the building owner or condominium association that
terminates the service, or at least that the subscriber has not
voluntarily terminated the cable service. In order to promote the goals
of Section 16(d) and our rules thereunder, it may be appropriate for
the subscriber (where there is a non-loop-through wire configuration)
or the building owner (where there is a loop-through wire
configuration) to be given the opportunity to purchase the cable home
wiring under these circumstances. We request comment on this matter. In
addition, we seek comment on whether this right of a building owner
with a loop-through system should only apply if all of the individual
subscribers want to terminate service and switch to a new video service
provider, as described in Section III.A. above.
3. In addition, we ask for comment on the disposition of the cable
home wiring in the event that a subscriber terminates cable service,
elects not to purchase the wire and vacates the premises within the
time period the operator has to remove the home wiring. Apparently some
cable operators believe that our rule providing that the cable operator
must remove the wire within 30 days (now seven business days) or make
no subsequent attempt to remove it or to restrict its use does not
apply if the subscriber vacates the premises before the 30-day (now
seven-business-day) period elapses. We believe that, as long as the
cable operator has been allowed access to the premises to remove its
wiring if it so wishes, whether the subscriber vacates the premises has
no bearing on the application of our rules, and that the cable operator
must therefore remove the wire within seven business days of the
subscriber's termination of service, or make no subsequent attempt to
remove it or to restrict its use, regardless of who subsequently
resides in the premises. We request comment on this matter.
Furthermore, we seek comment on whether, when the subscriber
voluntarily terminating cable service does not own the premises, the
premises owner should have the right to purchase the cable home wiring
if and only if the subscriber elects not to purchase the wire.
II. Initial Regulatory Flexibility Act Analysis for the Further
Notice of Proposed Rulemaking
4. Pursuant to Section 603 of the Regulatory Flexibility Act, the
Commission has prepared the following initial regulatory flexibility
analysis (``IRFA'') of the expected impact of these proposed policies
and rules on small entities. Written public comments are requested on
the IRFA. These comments must be filed in accordance with the same
filing deadlines as comments on the rest of the FNPRM, but they must
have a separate and distinct heading designating them as responses to
the regulatory flexibility analysis. The Secretary shall cause a copy
of the FNPRM, including the IRFA, to be sent to the Chief Counsel for
Advocacy of the Small Business Administration in accordance with
Section 603(a) of the Regulatory Flexibility Act, Pub. L. No. 96-354,
94 Stat. 1164, 5 U.S.C. Sec. 601 et seq. (1981).
5. Reason for Action. Section 16(d) of the Cable Television
Consumer Protection and Competition Act of 1992 requires the Commission
to prescribe rules and regulations regarding the disposition of cable
wiring within the subscriber's premises after the subscriber terminates
service. This FNPRM proposes to allow the multiple dwelling unit
building owner to purchase the loop-through cable wiring in the
situation where all subscribers on a loop in a multiple dwelling unit
building want to simultaneously switch to the same alternative
multichannel video programming service provider. This FNPRM also
proposes: (a) to require that the subscriber (where there is a non-
loop-through wire configuration) or the building owner (where there is
a loop-through wire configuration) be provided with the opportunity to
purchase the cable home wiring when the owner of a multiple dwelling
unit building terminates cable service for the entire building in favor
of an alternative multichannel video programming service provider; (b)
to clarify that, as long as the cable operator has been allowed access
to the premises to remove its wiring if it so wishes, the cable
operator must remove the wire within seven business days of the
subscriber's termination of service, or make no subsequent attempt to
remove it or to restrict its use, regardless of when the subscriber
vacates the premises and who subsequently resides in the premises; and
(c) when the subscriber voluntarily terminating cable service does not
own the premises, to give the premises owner the right to purchase the
cable home wiring, if and only if the subscriber elects not to purchase
the wire.
6. Objectives. To propose rules which implement Section 16(d) of
the 1992 Cable Act and promote its goals of protecting subscribers from
unnecessary disruption and expense caused by the removal of home wiring
and to allow subscribers to use the wiring for an alternative
multichannel video programming service provider.
7. Legal Basis. Action as proposed for this rulemaking is contained
in Sections 1, 4(i), 4(j) and 624(i) of the Communications Act of 1934,
as amended, 47 U.S.C. Sec. 151, 154(i), 154(j) and 544(i).
8. Description, Potential Impact and Number of Small Entities
Affected. The proposals, if adopted, will not have a significant effect
on a substantial number of small entities.
9. Reporting, Recordkeeping and Other Compliance Requirements.
None.
10. Federal Rules which Overlap, Duplicate or Conflict with these
Rules. None.
11. Any Significant Alternatives Minimizing Impact on Small
Entities and Consistent with Stated Objectives. None.
III. Ordering Clauses
12. It is ordered that, pursuant to Sections 4(i), 4(j) and 624(i)
of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i),
154(j) and 544(i), notice is hereby given of proposed amendments to
Part 76, in accordance with the proposals, discussions, and statement
of issues in this Further Notice of Proposed Rulemaking, and that
comment is sought regarding such proposals, discussion, and statement
of issues. Pursuant to applicable procedures set forth in Sections
1.415 and 1.419 of the Commission's Rules, 47 C.F.R. Secs. 1.415 and
1.419, interested parties may file comments on or before March 18, 1996
and reply comments on or before April 17, 1996. To file formally in
this proceeding, you must file an original plus four copies of all
comments, reply comments, and supporting comments. If
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you want each Commissioner to receive a personal copy of your comments
and reply comments, you must file an original plus nine copies. You
should send comments and reply comments to Office of the Secretary,
Federal Communications Commission, 1919 M Street, N.W. Washington, D.C.
20554. Comments and reply comments will be available for public
inspection during regular business hours in the FCC Reference Center,
Room 239, Federal Communications Commission, 1919 M Street N.W.,
Washington D.C. 20554.
13. It is further ordered that the Secretary shall send a copy of
this Further Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration in accordance with paragraph 603(a)
of the Regulatory Flexibility Act, Pub. L. No. 96-354, 94 Stat. 1164, 5
U.S.C. 601 et seq. (1981).
List of Subjects in 47 CFR Part 76
Cable television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-3127 Filed 2-15-96; 8:45 am]
BILLING CODE 6712-01-P
