[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Proposed Rules]
[Pages 41899-41903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19709]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 78
[CS Docket No. 99-250; FCC 99-166]
Eligibility Requirements in Part 78 Regarding 12 GHz Cable
Television Relay Service
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document requests comment on amending the Commission's
rules to allow private cable operators (``PCOs'') and other
multichannel video programming distributors (``MVPDs'') to use the
frequencies in the 12 GHz band for the delivery of video programming.
This document is in response to a petition for rulemaking filed with
the Commission by Optel, Inc., a PCO that provides video programming
and other services to residential subscribers, requesting eligibility
to use the 12 GHz Cable Television Relay Service (``CARS'') band for
video programming. The Notice invites comments which will help the
Commission determine the competitive impact on franchised cable
resulting from the proposed expansion of eligibility for CARS licenses
to PCOs and other MVPDs. The Notice also invites comments on technical
and spectrum management issues relevant to expansion of CARS
eligibility.
DATES: Comments are due on or before August 16, 1999 and reply comments
are due on or before September 20, 1999.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
445 12th Street, S.W., Room TW-A325, Washington, D.C. 20554. Comments
may be filed using the Commission's Electronic Comment Filing System
(ECFS) or by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (January 2, 1998). Comments filed
through the ECFS can be sent as an electronic file via the Internet to
http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an
electronic submission must be filed. In completing the transmittal
screen, commenters should include their full name, Postal Service
mailing address, and the applicable docket or rulemaking number.
Parties may also submit an electronic comment by Internet e-mail. To
get filing instructions for e-mail comments, commenters should send an
e-mail to ecfs@fcc.gov, and should include the following words in the
body of the message, ``get form .'' A sample form
and directions will be sent in reply.
FOR FURTHER INFORMATION CONTACT: Eloise Gore or Carolyn Fleming at
(202) 418-7200 or via internet at egore@fcc.gov or cfleming@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rulemaking, FCC 99-166, CS Docket No. 99-250,
adopted July 9, 1999 and released July 14, 1999 (``Notice''). The full
text of this Notice is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-A257), 445
12th Street, S.W., Washington, D.C. 20554, or may be purchased from the
Commission's copy contractor, International Transcription Service
(``ITS''), (202) 857-3800, 1231 20th Street, NW, Washington, D.C.
20036, or may be reviewed via internet at http://www.fcc.gov/Bureaus/
Cable/News__Releases/1998/nrcb8022.html>. For copies in alternative
formats, such as braille, audio cassette or large print, please contact
Sheila Ray at ITS.
Ex Parte Rules
This proceeding will be treated as a ``permit-but-disclose''
proceeding subject to the ``permit-but-disclose'' requirements under
Section 1.1206(b) of the rules. (47 CFR 1.1206(b), as revised). Ex
parte presentations are permissible if disclosed in accordance with
Commission rules, except during the Sunshine Agenda period when
presentations, ex parte or otherwise, are generally prohibited. Persons
making oral ex parte presentations are reminded that a memorandum
summarizing a presentation must contain a summary of the substance of
the presentation and not merely a listing of the subjects discussed.
More than a one or two sentence description of the views and arguments
presented is generally required. (See 47 CFR 1.1206(b)(2), as revised.)
Additional rules pertaining to oral and written presentations are set
forth in 47 CFR 1.1206(b).
Synopsis of Notice of Proposed Rulemaking
Introductory Background
1. In this proceeding, we respond to a petition for rulemaking
filed by Optel, Inc. (``Optel''), a PCO that provides video and other
services to residential users primarily located in multiple dwelling
units (``MDUs'') on a shared tenant basis. In its petition, Optel
proposes to expand eligibility for the 12 GHz CARS band to include
PCOs. On its own motion, the Commission seeks comment on expanding
eligibility to other MVPDs. The Optel petition was filed on April 1,
1998. The Commission received comments all of which were in support of
Optel's petition.
2. For purposes of the Notice, the 12 GHz frequency band is defined
as the band segment 12.70--13.20 GHz shared by CARS and other services.
Currently, that segment of the 12 GHz bandwidth is used by, among
others, CARS licensees which provide point-to-point, e.g., from one
side of a river or mountain to the other side of the river or mountain,
and point-to-multipoint transmissions, e.g., from one side of a river
or mountain to many points, video and related audio signals. Part 78 of
the Commission's rules governs the
[[Page 41900]]
licensing and operations of fixed or mobile CARS stations; thus, if
Optel's petition is granted Sections 78.11 and 78.13 which govern both
the eligibility criteria and the permissible services for CARS
licensees would need to be amended. Optel has also requested use of the
frequency band segment from 13.20 to 13.25 GHz for delivery of video
programming. However, that segment is not designated for CARS use but
rather for broadcast auxiliary service (``BAS''), including on-site
mobile transmissions for electronic newsgathering. The Notice seeks
comment on spectrum sharing issues raised by Optel's petition as it
relates to incumbent cable operators in the 12 GHz CARS band and to the
compatibility between fixed PCOs and mobile BAS in the 13.20 to 13.25
band segment.
3. In its petition, Optel contends that PCOs need access to the 12
GHz CARS band because: (1) Opening the 12 GHz CARS band to PCO
licensees would enhance competition with the franchised cable industry;
(2) the Commission has established precedent for extending CARS
eligibility to other similar users such as multipoint distribution
service (``MDS'') and multichannel, multipoint distribution service
(``MMDS'') operators; and (3) the 18 GHz frequency band, because of
technical difficulties and recent and pending Commission rulemakings,
can no longer support the services provided by the PCO industry. Optel
also argues that, in the 12 GHz CARS band, it can provide more channels
(up to 82 channels if the CARS band includes 13.20 GHz-13.25 GHz) and,
therefore, can be more competitive with franchised cable systems.
4. The Commission's rules define a CARS station as a fixed or
mobile station used for the transmission of television and related
audio signals, signals of standard and FM broadcast stations, signals
of instructional television fixed stations, and cable casting from the
point of reception to a terminal point from which the signals are
distributed to the public. (47 CFR 78.5(a)). CARS licensees are
authorized to use CARS stations to relay signals for and to supply
program material to cable television systems and other eligible
entities using point-to-point and point-to-multipoint transmissions.
(47 CFR 78.11(a), (c), (d)).
5. Optel's petition also requests amendment of Section
101.603(a)(2) to add the 12 GHz band to those frequency bands on which
PCO licensees may deliver video programming and Section 101.603(b)(3)
to include the 12 GHz band among those frequency bands that may be used
to provide the final Radio Frequency (``RF'') link in the chain of
transmission of program material to cable television systems, MDS, or
Master Antenna Television Systems (``MATVs''). Part 101 of the
Commission's rules governs the manner in which portions of the radio
spectrum may be made available for use by private operational, common
carrier, Local Multipoint Distribution Service (``LMDS''), and certain
fixed microwave operations. PCOs currently obtain licenses under Part
101 for certain frequencies when their operations use microwave
distribution. PCOs are permitted by Part 101 to use the 18 GHz (18.142
GHz-18.580 GHz) and 23 GHz (21.20 GHz-23.60 GHz) frequency bands to
distribute video programming. Sections 78.11 and 78.13 govern both the
eligibility criteria and the permissible services for CARS licensees.
If at the conclusion of this rulemaking the Commission determines to
extend the use of the 12 GHz CARS band to PCOs and other MVPDs,
procedurally it will be sufficient to amend Section 78.13 of the
Commission's rules, which would be consistent with the Commission's
previous amendments to Section 78 of its rules to extend CARS
eligibility to other service providers and would ensure that all users
of this band for video distribution purposes are governed by the same
rules and licensing criteria. No amendment to Part 101 is necessary.
The Notice states that amending Part 78 to make PCOs and other MVPDs
eligible for 12 GHz CARS licenses would also make them eligible for
CARS licenses in the 18 GHz band, as are other current CARS licensees.
Competition in the Video Programming Distribution Industry
6. Optel maintains that it competes directly with incumbent
franchised cable operators. Commenters agree with Optel's contentions
with regard to the alleged competitive benefits of extending CARS
eligibility to PCO licensees. RCN Telecom Services, Inc. (``RCN''), an
operator of open video systems (``OVS''), argues that extending CARS
eligibility to PCO licensees would establish parity between franchised
cable operators who use the CARS band to relay programming material and
PCO licensees who would use the 12 GHz CARS band for similar purposes.
RCN believes that granting Optel's petition would result in increased
competition for two reasons. First, RCN states that extending CARS
eligibility to PCOs would satisfy the underlying goals of the 1996 Act
by removing competitive obstacles and fostering competition. Second,
RCN states that Optel correctly compares the status of PCO licensees
with that of MDS licensees who were found to be competitors of
franchised cable operators and eligible for CARS licenses. The Notice
seeks comment on the effect on incumbent CARS licensees of permitting
PCO licensees to use the 12 GHz CARS band. The Notice seeks comment as
to whether the proposed use of the 12 GHz CARS band by Optel is
consistent with the current channelization scheme for 12 GHz CARS
licensees. The channelization scheme sets the upper and lower frequency
boundaries for each assigned channel used in the CARS band. The Notice
further inquires as to whether there are other technical considerations
or issues of spectrum congestion or coordination among licensees which
should be considered.
7. The Notice notes that PCOs currently are permitted to use 18 GHz
and 23 GHz for video, as well as for data and voice. The Notice seeks
comment on the costs for PCOs associated with the use of multiple
frequency bands that they could use under the existing rules.
Specifically, we request a detailed cost analysis and comparison,
including equipment costs, comparing use of 18 GHz or 23 GHz versus use
of the 12 GHz CARS band.
8. In the Notice, the Commission states its belief that Optel's
petition presents an opportunity to consider expanding eligibility for
the CARS band to MVPDs other than PCOs. Thus, on the Commission's own
motion, the Notice seeks comment on expanding eligibility for the CARS
band to entities such as OVS operators and others who provide video
programming as their dominant service. An example of an MVPD which
provides video programming as its dominant service is an MVPD that
offers 60 channels of video programming and 2 channels of ancillary
services. The Commission has stated that use of the microwave radio
spectrum should be governed by type of use rather than type of licensee
is applicable here. See Amendment of Parts 21, 43, 74, 78, and 94 of
the Commission's Rules Governing Use of the Frequencies in the 2.1 and
2.5 GHz Bands Affecting: Private Operational-Fixed, Microwave Service,
Multipoint Distribution Service, Multichannel Multipoint Distribution
Service, Instructional Television Fixed Service, and Cable Television
Relay Service, 5 FCC Rcd 6410, 6423 (1990), 55 FR 46006 (Oct. 31, 1990)
(``CARS Order''). Based on that principle, the Commission expanded
eligibility for the CARS band to MDS licensees and further stated that
similarly-situated entities should have parity of access to the
spectrum. In the CARS Order, the
[[Page 41901]]
Commission stated that cable and wireless cable, respectively, have
similar needs for CARS frequencies and there was no evidence to justify
disparate treatment with regard to use of the CARS band.
9. The Commission notes that franchised cable systems that are
currently eligible for CARS licenses generally are required to provide
service to an entire community. In contrast, PCOs can select those
areas and buildings where they wish to provide service and ignore less
desirable areas or buildings. The Notice seeks comment on whether PCOs
should have the same access to CARS stations without being required to
provide the same level of service. In addition, we seek comment on the
conflict that could arise where a franchised cable system may be unable
to serve a part of a community which it is required to serve because a
PCO already has the CARS license for those frequencies. The Notice
seeks comment on whether PCOs and other MVPDs would first have to
exhaust their spectrum usage in the 18 GHz and 23 GHz frequency bands,
as provided by Part 101 of the Commission's rules, before being
eligible to use the 12 GHz CARS band. The Notice further seeks comment
on whether PCO use of the 12 GHz band for CARS should be limited to
secondary use where it will not interfere with cable systems or MMDS
licensees that have actual plans to use a CARS station. The Notice
inquires further as to whether there are other conditions or
restrictions which should be imposed. For example, should the
Commission limit CARS eligibility to only those PCOs with a certain
minimum number of subscribers?
Technical Limitations in the 18 GHz Band
10. Optel currently uses microwave distribution centers in the 18
GHz frequency band to interconnect private cable systems to a central
headend facility. Optel maintains, however, that the 18 GHz band can no
longer support the range of services offered by itself and other PCOs
because the propagation limitations of the 18 GHz band significantly
restrict PCOs' ability to expand due to greater operating costs. Optel
maintains that the signal propagation characteristics (e.g., distance
over which the signal remains strong) of the 18 GHz band make it
unsuitable for widely distributed systems and limits growth within the
PCO industry. Optel states that transmissions in the 18 GHz band have
an effective range up to 8 miles and that PCOs who wish to provide
service outside of the 8 mile area would be forced to build a new
headend closer to the outlying systems, add microwave relay stations,
or abandon expansion projects altogether. Depending upon path
conditions, it has been the Commission's experience that CARS stations
in the 12 GHz frequency band using Amplitude Modulated Links (AML) can
travel 11-15 miles and, in the 18 GHz frequency band, 8-11 miles. The
Notice also refers to section 78.108 of the Commission's rules which
requires minimum path lengths of 5 km between the end points of a fixed
link using the 12 GHz CARS band. The Notice seeks comment on the
estimates of effective range and the assertion that PCOs need
additional range and raises related questions such as should PCOs be
required to demonstrate that they need to transmit over more than 10
miles before they are eligible for a CARS license? The Notice requests
comment on the technical impact on PCOs which continue to operate in
the 18 GHz band. The Notice also requests comment on the impact to CARS
operations, including franchised cable systems that are currently CARS
licensees or may need access to CARS in the future, if PCO entities are
allowed access to the 12.75-13.25 GHz band. Will cable systems'
transition to fiber optics obviate their need for CARS stations thus
lessening any potential negative impact and making more spectrum
available to other applicants, such as PCOs and other MVPDs?
Effect on PCOs of Other Ongoing Commission Rulemakings
11. Optel contends that PCOs need access to the 12 GHz CARS
frequency band because certain ongoing Commission rulemaking
proceedings threaten to limit PCOs' use of the 18 GHz frequency band.
Specifically, Optel argues its ability to compete with franchised cable
operators in the Denver, CO and the Washington, D.C. markets has been
limited by the Commission's decision to relocate Digital Electronic
Message Services (``DEMS'') in connection with the establishment of
``exclusion zones.'' Optel further argues that its continued existence
in the 18 GHz frequency band would be impaired by the grant of blanket
licenses to fixed satellite service (``FSS'') users in the 18 GHz band
as proposed in the Notice of Proposed Rulemaking, Redesignation of the
17.7-19.7 GHz Frequency Band, Blanket Licensing of Satellite Earth
Stations in the 17.7-20.2 GHz and 27.5-30.0 GHz Frequency Bands, and
the Allocation of Additional Spectrum in the 17.3-17.8 GHz and 24.75-
25.25 GHz Frequency Bands for Broadcast Satellite Service Use, FCC 98-
235, 63 FR 54100 (Oct. 8, 1998) (``Redesignation NPRM''). Currently,
the 17.70 to 19.70 GHz band is allocated for shared use between
satellite services and terrestrial fixed services. If the Redesignation
NPRM is adopted as proposed, Optel and other terrestrial fixed services
would lose their current co-primary status in the 18.30 GHz-18.55 GHz
and 18.80 GHz-19.30 GHz bands but gain primary status in the 17.70 Ghz-
18.30 Ghz bands. The Commission has determined that fixed services can
continue to file for authorization to use these bands, but after the
adoption of a Report and Order in Redesignation NPRM proceeding, such
applications would be accorded secondary status to promote exclusive
use of this spectrum by satellite operations. The Commission has
explained that a service that is designated as co-primary must share a
frequency band with other services designated as co-primary on a co-
equal basis and that a service designated as secondary may use a
frequency band as long as its operations do not cause interference to
any primary designated operations. If interference occurs, the
secondary designated service must cease operations. The Notice seeks
comment on whether the increasing constraints that will be presented
for terrestrial services at 18 GHz warrants making the 12 GHz CARS band
available for PCO service, or whether other alternatives, such as 23
GHz, or use of fiber optic cable, can reasonably provide necessary
capacity.
12. The Notice also takes note of another ongoing Commission
proceeding that raises spectrum sharing issues with regard to the 12
GHz frequency bandwith, i.e., In the Matter of Amendments of Parts 2
and 25 of the Commission's Rules to Permit Operation of NGSO FSS
Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band
Frequency Range and Amendment of the Commission's Rules to Authorize
Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct
Broadcast Satellite Licensees and Their Affiliates, Notice of Proposed
Rulemaking (``NGSO 12 GHz NPRM''), 64 FR 1786 (Jan. 12, 1999). Among
other issues, the NGSO 12 GHz NPRM responds to a petition filed by
SkyBridge LLC requesting that the Commission allow NGSO FSS gateway
earth stations earth-to-space links in the CARS frequencies at 12.75
GHz-13.25 GHz on a co-primary basis, subject to appropriate
coordination and spectrum sharing requirements. The NGSO 12 GHz NPRM
takes notice of the Optel petition and requests comments on the
[[Page 41902]]
compatibility between new NGSO FSS operations and Optel's proposed use
of the 12 GHz frequency band. As noted in the NGSO 12 GHz NPRM, 12.75-
13.25 GHz is currently subject to heavy usage. Optel's request for use
of the 12 GHz CARS band and that of SkyBridge, if granted, could
greatly increase the terrestrial use of the 12 GHz band, although
Optel's use of the 12 GHz CARS band for point-to-point and point-to-
multipoint relay of signals will not differ from the current use of the
band by CARS licensees. Spectrum sharing issues with respect to the
proposed NGSO FSS operations in the 12.75-13.25 GHz band will be
considered in ET Docket No. 98-206. Consideration of these issues need
not be repeated in this docket. The Notice invites comment in this
proceeding only on any additional issues specifically related to the
question of expanding CARS eligibility.
Other Issues
13. The Commission, pursuant to 309(j) of the Telecommunications
Act of 1996, is required to implement a system of competitive bidding
when mutually exclusive applications are accepted for filing for any
initial license or permit involving use of the spectrum. Currently CARS
licenses are not auctioned. However, if the Commission determines that
opening the CARS band to PCOs and other MVPDs creates mutually
exclusive applications, the CARS spectrum would be subject to auction.
Alternatively, the Commission could adopt priority of use rules, which
would avoid mutual exclusivity and the auctioning of the CARS spectrum.
The Notice seeks comment on the effect of auctioning CARS spectrum or
adopting priority of use rules. The Notice also seeks comment on the
applicability of the Commission's Part 1 auction rules to this service
in the event the Commission decides to award CARS licenses through
competitive bidding. The Notice also seeks comment on whether the
Commission should adopt a minimum subscriber requirement to avoid
permitting a PCO with a small number of subscribers to use a CARS
station that could have been licensed, instead, to a cable system
serving significantly more subscribers. Another option for
consideration and comment is granting PCOs and other MVPDs secondary,
but not primary, eligibility for using the 12 GHz CARS band.
14. Some PCOs currently use 18 GHz or 23 GHz to bundle data, voice,
video and other services in one package for their customers. The 12 GHz
CARS band must be used principally for the delivery of video
programming. The Notice does not propose to change the principal use of
CARS as a tool for relaying video programming between and among the
components of a cable or other eligible system. However, we seek
comment on whether and to what extent CARS licensees should be
permitted to provide voice or data using the 12 GHz CARS band provided
the principal use remains the delivery of video programming and subject
to existing technical and operating requirements.
15. The Commission, on its own motion, seeks comment on the
realignment and the reassignment of the channel frequency assignments
set forth in Section 78.18(a) of the Commission's rules to provide for
more efficient use of channels by facilitating continuous channel
transmissions. Specifically, the Notice seeks comments on: (1)
designating the unassigned guard band (12.9465-12.9525 GHz) as channel
C43, and the unassigned second guard band (13.0057-13.0125) as channel
D43; and (2) allowing CARS operators to slightly shift the frequencies
of channels C04-C10, channels D04-D10, channels E04-E10, and channels
F04-F10 to produce 6-6 MHz video channels for each channel group (i.e.,
C group, D group, E group, and F group). Currently, applicants must
seek waivers for a change in the frequency assignments pursuant to
Section 78.18 of the Commission's rules for such minor frequency shifts
and to use the guard band. The Notice also seeks comment on whether
other changes in frequency assignments are necessary to provide for
more seamless and efficient use of the CARS frequency spectrum.
Paperwork Reduction Act
The requirements proposed in this Notice have been analyzed with
respect to the Paperwork Reduction Act of 1995 and do not impose new or
modified information collection requirements on the public.
OMB Approval Number: None.
Title: In the Matter of Petition for Rulemaking To Amend
Eligibility Requirements in Part 78 Regarding 12 GHz Cable Television
Relay Service.
Type of review: None.
Initial Regulatory Flexibility Analysis: As required by Section 603
of the Regulatory Flexibility Act, 5 U.S.C. 603, the Commission is
incorporating an Initial Regulatory Flexibility Analysis (``IRFA'') of
the expected impact on small entities of the policies and proposals in
this Notice of Proposed Rulemaking. Written public comments concerning
the effect of the proposals in the NPRM, including the Initial
Regulatory Flexibility Act, on small businesses are requested. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for the submission of comments in this proceeding. The
Secretary shall send a copy of this NPRM, including the IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration in
accordance with paragraph 603(a) of the Regulatory Flexibility Act.
A. Reasons Why Agency Action is Being Considered
This Notice is in response to a petition for rulemaking filed by
Optel.
B. Need for Action and Objectives of the Proposed Rule Change
The Commission undertakes this proceeding to address the spectrum
sharing and technical issues presented by Optel's petition. Optel's
petition, if granted, could increase competition to incumbent,
franchised cable operators, particularly with regard to video
programming service to multi-dwelling units. While we desire to promote
competition and innovation by allowing for new services or additional
spectrum use, we also need to consider the competing interests of the
incumbent services in the 12 GHz CARS band. The Notice notes the need
to consider the impact on PCOs of recent and pending Commission
rulemakings involving the 18 GHz band. Thus, the Notice seeks comment
on whether the proposed blanket licensing of GSO/FSS operators in the
18 GHz will unduly constrain future growth of incumbent PCO users.
C. Legal Basis
The authority for the action proposed for this rulemaking is
contained in Sections 4(i)-(j), 303(c), (f), (g), and (r), and 309(j)
of the Communications Act of 1934, as amended.
D. Description and Estimate of the Number of Small Entities Impacted
The IRFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the proposed rules. The IRFA defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small business concern'' under Section 3
of the Small Business Act. Under the Small Business Act, a small
business concern is one which: (1) is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration.
Private Cable Operators
The proposal to permit PCOs to use the 12 GHz CARS band applies to
all
[[Page 41903]]
private cable system operators. The Commission has developed, with the
approval of the Small Business Administration (``SBA''), its own
definition of a small cable system operator for rate regulation
purposes. Under the Commission's rules, a ``small cable company'' is
one serving fewer than 400,000 subscribers nationwide. Based on our
most recent information, the Commission estimates that there were 3,400
private cable operators serving multiple dwelling units that qualified
as small cable companies. Some of those companies may have grown to
serve from 800,000 to 1.5 million subscribers, and others may have been
involved in transactions that caused them to be combined with other
cable operators. Consequently, the Commission estimates that there are
fewer than 3,400 small entity cable system operators that may be
affected by the decisions and rules the Commission adopts.
E. Reporting, Recordkeeping, and Other Compliance Requirements
The Commission is not proposing to impose additional reporting or
recordkeeping requirements.
F. Significant Alternatives Which Minimize the Impact on Small Entities
and Are Consistent With Stated Objectives
The NPRM solicits comments on all alternatives to Optel's request
which would minimize any adverse impact on small entities.
G. Federal Rules Which Overlap, Duplicate, or Conflict With the
Commission's Proposal
None.
H. Report to Congress
The Commission shall send a copy of this IRFA along with this
Notice in a report to Congress pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996, codified at 5 U.S.C.
801(a)(1)(A). A copy of this IRFA will also be published in the Federal
Register.
Ordering Clauses
It is ordered that, pursuant to Sections 4(i)-(j) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i)-(j), 303(c),
(f), and (r), and 309(j), notice is hereby given of the proposed
amendments to part 78 of the Commission's rules, in accordance with the
proposals, discussions, and statements of issues contained in this
Notice of Proposed Rulemaking, and that comment is sought regarding
such proposals, discussions, and statements of issues.
It is further ordered that the Commission's Office of Public
Affairs, Reference Operations Division, shall send a copy of this
Notice of Proposed Rulemaking, including the Initial Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of Small
Business Administration, in accordance with paragraph 603(a) of this
regulatory Flexibility Act. Public Law 96-354, 94 Stat. 1164, 5 U.S.C.
601 et seq. (1981).
List of Subjects in 47 CFR Part 78
Cable television, Communications equipment.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 99-19709 Filed 7-30-99; 8:45 am]
BILLING CODE 6712-01-P
