[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29667-29668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14376]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 21
[CC Docket No. 86-179; FCC 98-70]
Multipoint Distribution Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: Consistent with previous determinations by the Federal
Communications Commission and judicial decisions, this Second Report
and Order continues to classify subscription Multipoint Distribution
Service (``MDS'') as a non-broadcast service. The order defers the
classification of non-subscription MDS, and requires prior notification
and Commission approval before MDS service can be offered on a non-
subscription basis.
EFFECTIVE DATE: August 10, 1998, following approval by the Office of
Management and Budget, unless a notice is published in the Federal
Register stating otherwise.
FOR FURTHER INFORMATION CONTACT: Charles Dziedzic or Jerianne Timmerman
at (202) 418-1600.
SUPPLEMENTARY INFORMATION: A summary of the Second Report and Order
follows. The complete text is available for inspection and copying
during normal business hours in the MDS public reference room, Room
207, at the Federal Communications Commission, 2033 M Street, N.W.,
Washington, D.C., and it may be purchased from the Commission's copy
contractor, International Transcription Service, Inc., 1231 20th
Street, N.W., Washington, D.C. 20036, (202) 857-3800.
1. Synopsis of Second Report and Order. Following the remand of
petitions to review by the United States Court of Appeals for the
District of Columbia Circuit, the Federal Communications Commission, in
this Second Report and Order, reaffirmed its previous determination to
classify subscription Multipoint Distribution Service (``MDS'') as a
non-broadcast service. Consistent with judicial precedent, the Second
Report and Order defers the regulatory classification of non-
subscription MDS, and requires prior notification and Commission
approval before MDS can be offered on a non-subscription basis.
2. Final Regulatory Flexibility Act Certification. Pursuant to the
Regulatory Flexibility Act of 1980, as amended (``RFA''), 1
it is hereby certified that the notification requirement for non-
subscription MDS service adopted herein will not have a significant
economic impact on a substantial number of small entities. As indicated
above in Paras. 6-8, we are not aware of any instances in which MDS
service has been offered on a non-subscription basis. Thus, the only
impact of the notification requirement will be the submission of data
concerning non-subscription MDS service from the limited number (if
any) of MDS
[[Page 29668]]
applicants and licensees that may one day choose to develop and provide
such service.
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\1\ See 5 U.S.C. Sec. 605(b). The RFA, see 5 U.S.C. 601 et seq.,
was amended by the Contract With America Advancement Act of 1996,
Pub.L. No. 104-121, 110 Stat. 847 (1996) (``CWAAA''). Title II of
the CWAAA is the Small Business Regulatory Enforcement Fairness Act
of 1996.
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3. The Commission will send a copy of this final certification,
along with this Second Report and Order, in a report to Congress
pursuant to the Small Business Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 801(a)(1)(A), and to the Chief Counsel for Advocacy of
the Small Business Administration, 5 U.S.C. 605(b). A copy of this
certification will also be published in the Federal Register.
4. Ordering Clauses. Accordingly, it is ordered, that pursuant to
the authority of Sections 4(i) and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i) and 393(r), this Second Report and
Order is adopted, and Part 21 of the Commission's Rules are amended.
5. It is further ordered, that the rule amendment will become
effective August 10, 1998, following approval by the Office of
Management and Budget, unless a notice is published in the Federal
Register stating otherwise.
6. It is further ordered, that the Commission's Office of Public
Affairs, Reference Operations Division, shall send a copy of this
Second Report and Order, including the Final Regulatory Flexibility Act
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration, in accordance with section 605(b) of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.
7. It is further ordered, that CC Docket No. 86-179 is terminated.
List of Subjects in 47 CFR Part 21
Communications common carriers, Reporting and recordkeeping
requirements, Television.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
Part 21 of Chapter 1 of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
1. The authority citation for part 21 continues to read as follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
314, 403, 404, 410, 602; 48 Stat. 1064, 1066, 1070-1073, 1076, 1077,
1080, 1082, 1083, 1087, 1094, 1098, 1102, as amended; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 602; 47 U.S.C.
552, 554.
2. Section 21.940 is added to read as follows:
Sec. 21.940 Non-subscription MDS service.
The Commission must be notified, and prior Commission approval
obtained, before Multipoint Distribution Service or Multichannel
Multipoint Distribution Service may be provided on a non-subscription
basis.
[FR Doc. 98-14376 Filed 5-29-98; 8:45 am]
BILLING CODE 6712-01-P
