NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** FOR FCC RECORD ONLY $//ORDER, Extension of Time, DA 96-259//$ $/0.321, Authority Delegated/$ $/1.46, Motions for Extension of Time/$ $/76.922, Rates for Cable Programming Service Tiers/$ $/76.923, Rates for Equipment and Installation Used to Receive the Basic Service Tier Before the Federal Communications Commission Washington, D.C. 20554 DA 96-259 In the Matter of ) ) Extension of Time to File FCC ) Equipment Form 1205 Pursuant to ) Sections 76.922, 76.923 ) of the Commission's Rules ) ORDER Adopted: February 27, 1996 Released: February 27, 1996 By the Chief, Cable Services Bureau: 1. On February 8, 1996, the Cable Services Bureau received a request for a waiver of the deadline for cable operators to file FCC Form 1205. Under our current rules, cable operators are required to file annually FCC Form 1205 for a regulated basic service tier in order to establish its maximum permitted rates in accordance with the Commission's rules. Our current rules also require that operators establish separate charges for each significantly different type of customer equipment. 2. On February 8, 1996, the Telecommunications Act of 1996 ("1996 Act"), was enacted, establishing cable operator's right to aggregate costs of equipment. Specifically, Section 301(j)(7)(A) of the 1996 Act requires that: "[t]he Commission allow cable operators, ..., to aggregate, on a franchise, system, regional, or company level, their equipment costs into broad categories..., regardless of the varying levels of functionality of the equipment within each such broad category. However, such aggregation shall not be permitted with respect to equipment used by subscribers who receive only a rate regulated basic service tier." The statute also provides that the Commission modify appropriate rules and forms within 120 days of the enactment of the 1996 Act to implement subparagraph (A) of section 301(j)(7). 3. We believe that good cause exists for granting an extension of time for cable operators to file their annual FCC Form 1205s. This will alleviate the filing burden on cable operators who would have to file FCC Form 1205 within four months, but who may wish to establish equipment pricing to take advantage of the new statutory scheme. Absent the waiver, operators may have to file multiple FCC Form 1205s within the same year. We believe the extension will protect subscribers from unnecessary price fluctations which could occur if cable operators were to file two rate justifications within a relatively short period of time. We believe that it is appropriate to extend the filing period to two months after the effective date of our new rules. This extension will provide sufficient time for operators to review the new rules and to file in accordance with our new rules. 4. IT IS ORDERED, that the time for filing FCC Form 1205 IS EXTENDED to two months after the effective date of the new rules implementing Section 301(j)(7)(A) of the 1996 Act. 5. This action is taken pursuant to authority found in Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r), and Section 305 of the Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56 (1996). FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau