[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15128]
[[Page Unknown]]
[Federal Register: June 22, 1994]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[FCC 94-74]
Reorganization Establishing the Cable Services Bureau
agency: Federal Communications Commission.
action: Final rule.
-----------------------------------------------------------------------
summary: The Commission is amending its Rules pertaining to
organization in order to incorporate a reorganization establishing the
Cable Services Bureau. The reorganization was necessary in order to
promote a more efficient and effective organizational structure.
effective date: January 3, 1994.
for further information contact: William Johnson, Deputy Chief, Cable
Services Division, Federal Communications Commission at (202) 416-0856.
SUPPLEMENTARY INFORMATION:
FCC 94-74
Before the Federal Communications Commission, Washington, DC
20554.
In the matter of Amendment of Part 0 of the Commission's Rules
to Reflect a Reorganization Establishing the Cable Services Bureau.
Order
Adopted: March 25, 1994
Released: April 7, 1994
By the Commission:
1. The Commission has before it for consideration changes in the
organizations of the Mass Media and Cable Services Bureaus.
Implementation of these changes requires amendments to Parts 0 and 1\1\
of the Commission's Rules and Regulations.
---------------------------------------------------------------------------
\1\The amendments to Part 1 pertain to fees and have been
incorporated in the Commission's Report and Order Implementing
Section 9 of the Communications Act--Assessment and Collection of
Regulatory Fees for the 1994 Fiscal Year (see Report and Order in
the Implementation of Section 9 of the Communications Act, FCC 94-
140, released June 8, 1994), as well as in the Commission's Report
and Order Amending the Schedule of Application Fees Set Forth in
Sections 1.1102 through 1.1105 of the Commission's Rules (see Report
and Order in the Amendment of the Schedule of Application Fees Set
Forth in Sections 1.1102 through 1.1105 of the Commission's Rules,
FCC 94-141, released June 8, 1994).
---------------------------------------------------------------------------
2. In order to create an effective organization to administer the
Commission's regulatory program for cable television, the Commission
has established a new Cable Services Bureau. The rules adopted herein
reflect the creation of this new Bureau in the rules and set forth the
delegations of authority to the Chief of the Bureau.
3. The amendments adopted pertain to agency organization. The prior
notice procedure and effective date provisions of Section 553 of the
Administrative Procedure Act are therefore inapplicable. Authority for
the amendments adopted herein is contained in Sections 4(i), 5(b),
5(c)(1), and 303(r) of the Communications Act of 1934, as amended.
4. It Is Ordered, effective upon release that Part 0 of the Rules
and Regulations are amended as set forth below.
List of Subjects in 47 CFR Part O
Authority delegated, Inspection of records, Location of commission
offices, Organization and functions (Government agencies).
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Final Rules
Part 0 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 0--COMMISSION ORGANIZATION
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.
2. Section 0.5 is amended by adding a new paragraph (a)(14) to read
as follows:
Sec. 0.5 General description of Commission organization and
operations.
(a) * * *
(14) Cable Services Bureau.
* * * * *
3. Section 0.61 is amended by revising paragraph (a); removing
paragraph (h) and paragraphs (j) through (n); and redesignating
paragraph (i) as paragraph (h) to read as follows:
Sec. 0.61 Functions of the Bureau.
* * * * *
(a) Process applications for authorizations in radio and television
services, including conventional and auxiliary broadcast services, and
direct broadcast satellite services.
* * * * *
4. Section 0.101 is added to Subpart A to read as follows:
Cable Services Bureau
Sec. 0.101 Functions of the Bureau.
The Cable Services Bureau develops, recommends and administers
policies and programs with respect to the regulation of services,
facilities, rates and practices of cable television systems and with
respect to the creation of competition to cable systems. The Bureau has
the following duties and responsibilities:
(a) Administer and enforce cable television related rules and
policies including those relating to rates, technical standards,
customer service, ownership, competition to cable systems, broadcast
station signal retransmission and carriage, program access, wiring,
equipment, channel leasing, and federal-state/local regulatory
relationships.
(b) Plan and develop proposed rulemakings and conduct studies and
analyses (legal, engineering, social and economic) of various petitions
for policy or rule changes submitted by industry or the public.
(c) Conduct studies and compile data relating to cable television
operation necessary for the Commission to develop and maintain an
adequate regulatory program.
(d) Advise and assist the public, other government agencies and
industry groups on cable television regulation and related matters.
(e) Administer financial and other reporting systems.
(f) Investigate complaints and answer general inquiries from the
public regarding cable television service.
(g) Participate in hearings before the Administrative Law Judges,
the Review Board and the Commission.
(h) Process applications for authorizations in the Cable Television
Relay Service.
5. Section 0.284 is amended by removing and reserving paragraph
(a)(10).
6. Section 0.321, including heading ``CABLE SERVICES BUREAU'' is
added to Subpart B to read as follows:
Cable Services Bureau
Sec. 0.321 Authority delegated.
The Chief, Cable Services Bureau is delegated authority to perform
all functions of the Bureau, described in Sec. 0.101, including the
authority but subject to the limitations set forth below:
(a) The Chief, Cable Services Bureau shall have authority to:
(1) Act on all applications for authorization, petitions for
special relief, petitions to deny, waiver requests, objections,
complaints, and requests for declaratory rulings and stays in the cable
television services, that do not involve novel questions of fact, law
or policy that cannot be resolved under existing precedents and
guidelines;
(2) Act, after Commission assumption of jurisdiction to regulate
cable television rates for basic service and associated equipment, on
cable operator requests for approval of existing or increased rates;
(3) Review appeals of local franchising authorities' rate making
decisions involving rates for the basic service tier and associated
equipment, except when such appeals raise novel or unusual issues;
(4) Act upon complaints involving cable programming service rates
except for final action on complaints raising novel or unusual issues;
(5) Evaluate basic rate regulation certification requests filed by
cable system franchising authorities;
(6) Periodically review and, when appropriate, revise standard
forms used in administering:
(i) The Commission's complaint process regarding cable programming
service rates;
(ii) The certification process for local francishing authorities
wishing to regulate rates, and
(iii) The substantive rate regulation standards prescribed by the
Commission.
(b) The Chief, Cable Services Bureau shall not have authority to:
(1) Designate for hearing any formal complaints that present novel
questions of fact, law or policy that cannot be resolved under existing
precedents or guidelines;
(2) Impose, reduce, or cancel forfeitures pursuant to section
503(b) of the Communications Act of 1934, as amended, in amounts of
more than $20,000;
(3) Act upon any applications for review of actions taken by the
Chief, Cable Services Bureau pursuant to any delegated authority which
comply with Sec. 1.115 of this chapter;
(4) Issue notices of proposed rulemaking, notices of inquiry or to
issue report and orders arising from either of the foregoing, except
that the Chief, Cable Services Bureau shall have authority to issue
notices of rulemaking and report and orders redesignating market areas
in accordance with section 614(f) of the Communications Act of 1934, as
amended;
(5) Act on any applications in the Cable Television Relay Service
that present novel questions of fact, law, or policy that cannot be
resolved under existing precedents and guidelines.
7. Section 0.325 is added to Subpart B to read as follows:
Sec. 0.325 Record of actions taken.
The original file, the station file, and other appropriate files
are designated to be the official record of the action taken by the
Chief of the Cable Services Bureau.
8. Section 0.453 is amended by revising paragraph (a) introductory
text, (a)(1) and (a)(4); and adding new paragraphs (a)(5) through
(a)(7) to read as follows:
Sec. 0.453 Public reference rooms.
* * * * *
(a) The FCC Reference Center. The following documents, files and
records are available for inspection at this location.
(1) Files containing the record of all docketed cases. A file is
maintained for each docketed hearing case and for each docketed rule
making proceeding. Cards summarizing the history of such cases are
available for inspection.
* * * * *
(4) All complaints regarding cable programming rates, all documents
filed in connection therewith, and all communications related thereto,
unless the cable operator has submitted a request pursuant to
Sec. 0.459 that such information not to be made routinely available for
public inspection.
(5) All cable operators requests for approval of existing or
increased cable television rates for basic service and associated
equipment over which the Commission has assumed jurisdiction, all
documents filed in connection therewith, and all communications related
thereto, unless the cable operator has submitted a request pursuant to
Sec. 0.459 that such information not be made routinely available for
public inspection.
(6) Special relief petitions and files pertaining to cable
television operations.
(7) Cable television system reports filed by operators pursuant to
Sec. 76.403 of this chapter.
* * * * *
9. Section 0.455 is amended by revising paragraphs (a) introductory
text, (a)(1) and (a)(5); removing paragraphs (a)(6), (a)(11) and
(a)(12); redesignating paragraphs (a)(7) through (a)(10) as paragraphs
(a)(6) through (a)(9); and adding new paragraph (d) to read as follows:
Sec. 0.455 Other locations at which records may be inspected.
* * * * *
(a) Mass Media Bureau.
(1) Applications for broadcast authorizations and related files are
available for public inspection in the FCC Reference Center. See
Sec. 0.453(a)(2). Certain broadcast applications, reports and records
are also available for inspection in the community in which the station
is located or is proposed to be located. See Sec. 73.3526 and 73.3527
of this chapter.
* * * * *
(5) Annual employment reports filed by licensees and permittees of
broadcast stations pursuant to Sec. 73.3612 of this chapter and cable
television systems pursuant to Sec. 76.77 of this chapter.
* * * * *
(d) Cable Services Bureau. Correspondence and other actions and
decisions relating to cable television services that are not filed in
the FCC Reference Center.
* * * * *
[FR Doc. 94-15128 Filed 6-21-94; 8:45 am]
BILLING CODE 6712-01-M
