95-8701. Telephone Company-Cable Television Cross-Ownership Rules

[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Proposed Rules]
[Pages 17763-17764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8701]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 63

[CC Docket No. 87-266; FCC 94-269]


Telephone Company-Cable Television Cross-Ownership Rules

AGENCY: Federal Communications Commission.

ACTION: Public Notice seeking comment in connection with the Fourth 
Further Notice of Proposed Rulemaking.

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SUMMARY: In a Public Notice in Common Carrier Docket 87-266, the Common 
Carrier Bureau and the Cable Services Bureau requested information and 
comment on the possible grant of blanket Section 214 authorizations.

DATES: Comments must be submitted on or before April 21, 1995. Reply 
comments are due on May 1, 1995.

ADDRESSES: Comments and reply comments may be mailed to the Office of 
the Secretary, Federal Communications Commission, 1919 M Street NW., 
Washington, D.C. 20554. A copy of each filing should also be filed with 
Peggy Reitzel of the Common Carrier Bureau, and James Yancey of the 
Cable Services Bureau.

FOR FURTHER INFORMATION CONTACT: Mindy J. Ginsburg, [phone], 
Common Carrier Bureau, Policy and Program Planning Division, and Larry 
[[Page 17764]] Walke, [phone], Cable Services Bureau.

SUPPLEMENTARY INFORMATION: This is Public Notice, DA 95-665, in Common 
Carrier Docket 87-266: Telephone Company-Cable Television Cross-
Ownership Rules, Sections 63.54-63.58, released April 3, 1995. The 
complete text of this Public Notice is available for inspection and 
copying, Monday through Friday, 9:00 a.m.-4:30 p.m., in the FCC 
Reference Room (Room 239), 1919 M Street NW., Washington, D.C. 20554. 
The complete text of the Public Notice may also be purchased from the 
Commission's copy contractor, International Transcription Services, 
2100 M Street NW., Suite 140, Washington D.C. 20037, [phone].
Supplemental Comments Sought on Possible Grant of Blanket Section 214 
Authorization

    Released: April 3, 1995.

    As announced on March 17, 1995, any telephone company against whom 
the Commission is not enforcing the cable television/telephone company 
cross-ownership ban need not obtain a waiver of the ban from the 
Commission in order to construct or acquire a cable television system 
within its local service area. See Public Notice, DA 95-520, March 17, 
1995; and Correction, DA 95-722, April 3, 1995. See also 47 U.S.C. 
533(b). A telephone company must, however, continue to obtain from the 
Commission a certificate of public convenience and necessity under 
Section 214 of the Communications Act before constructing or acquiring 
a cable television system within its local service area. See C.F.R. 
Secs. 63.01, 63.08, and 63.09. See generally General Telephone Company 
of the Southwest v. United States, 449 F.2d 846 (5th Cir. 1971).
    This Public Notice seeks supplemental comments to assist the 
Commission in reviewing the record in response to the Fourth Further 
Notice of Proposed Rulemaking, FCC 95-20, CC Docket No. 87-266 
(released January 20, 1995) (60 FR 8996, February 16, 1995). By this 
Public Notice, the Common Carrier Bureau and the Cable Services Bureau 
seek supplemental comment on whether any telephone company against whom 
the Commission is not enforcing the cable television/telephone company 
cross-ownership ban should be granted blanket Section 214 authorization 
to construct or acquire a cable television system within its local 
service area, and, if so, how the relevant rules should be amended. The 
Bureaus also seek supplemental comment on whether such blanket Section 
214 authorization should apply both when the cable television facility 
is used also to provide telephone services, and when the facility is 
used to provide only cable television services. Furthermore, comment is 
sought on what, if any, other circumstances warrant granting 
consideration of such blanket Section 214 authorization when a 
telephone company provides video programming in its service area, on 
any other methods for streamlining the Section 214 applications 
process, and on how the relevant rules should be amended. See, e.g., 
Blanket Section 214 Authorization for Provision by a Telephone Common 
Carrier of Lines for its Cable Television and Other Non-Common Carrier 
Services Outside its Telephone Service Area, 49 FR. 21333 (1984). While 
comments may already have been filed on these issues, we believe that 
the record would be enhanced by providing an opportunity for 
supplemental comment.
    Pursuant to applicable procedures set forth in Sections 1.415 and 
1.419 of the Commission's rules, 47 C.F.R. 1.415 and 1.419, inserted 
parties may file comments on or before April 21, 1995 and reply 
comments on or before May 1, 1995. To file formally in this proceeding, 
parties must file an original and four copies of all comments, reply 
comments, and supporting comments. Parties wanting each Commissioner to 
receive a personal copy of their comments must file an original plus 
nine copies. Comments and reply comments should be sent to the Office 
of the Secretary, Federal Communications Commission, Washington, D.C. 
20554. In addition, parties should file two copies of any such 
pleadings, one with the Policy and Program Planning Division, Common 
Carrier Bureau, Room 544, 1919 M Street, N.W., Washington, D.C. 20554, 
and the other with the Policy and Rules Division, Cable Services 
Bureau, Room 408C, 2033 M Street, N.W., Washington, D.C. 20554. Parties 
should also file one copy of any documents filed in this docket with 
the Commission's copy contractor, International Transcription Services, 
Inc. (ITS, Inc.), 2100 M Street, N.W., Suite 140, Washington, D.C. 
20037 (202/857-3800). Comments and reply comments will be available for 
public inspection regular business hours in the FCC Reference Center, 
Room 239, 1919 M Street, N.W., Washington, D.C.
    By the Chief, Common Carrier Bureau, and Chief, Cable Services 
Bureau.
    For further information contact: Mindy J. Ginsburg [phone] 
(Common Carrier Bureau) or Larry Walke [phone] (Cable Services 
Bureau).

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-8701 Filed 4-6-95; 8:45 am]
BILLING CODE 6712-01-M