[Federal Register: October 8, 1999 (Volume 64, Number 195)] [Proposed Rules] [Page 54854-54855] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08oc99-50] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [CS Docket No. 98-54; FCC 99-258] 1998 Biennial Review--Part 76 Cable Television Service Pleading and Complaint Rules AGENCY: Federal Communications Commission. ACTION: Proposed rule; denial. ----------------------------------------------------------------------- SUMMARY: By this document, the Commission denies the petition by EchoStar Communications Corporation to reconsider changes made to the procedural rules for filing petitions and complaints pursuant to part 76. [[Page 54855]] EchoStar argues that the changes imposed new obligations on part 76 complainants. The Commission finds that the rule changes clarify the procedural requirements of the existing rules, but do not impose any new obligations. FOR FURTHER INFORMATION CONTACT: Thomas Horan, Cable Services Bureau, (202) 418-7200. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order on Reconsideration in CS Docket No. 98-54, FCC 99-258, adopted September 23, 1999, released September 29, 1999. The complete text may be purchased from the Commission's copy contractor, International Transcription Services, 1231 20th Street, NW, Washington, DC 20036, telephone (202) 857-3800, facsimile (202) 857-3805. Alternative formats (computer diskette, large print, audio cassette, and Braille) are available to persons with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or mcontee@fcc.gov. The full text of the Order on Reconsideration is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th St., SW, Room CY-A257, Washington, DC 20054. The full text of the Order on Reconsideration can also be downloaded at: http://www.fcc.gov/Bureaus/ Cable/Orders/1999/fcc99258.txt or http://www.fcc.gov/Bureaus/Cable/ Orders/1999/fcc99258.wp Summary of the Order on Reconsideration 1. EchoStar Communications Corporation (EchoStar) filed a petition requesting that the Commission reconsider recent amendments to 47 CFR 76.1003(f), 76.1302(e), and 76.1513(g). These amendments and several other rule changes were adopted in the Commission's Report and Order in this proceeding, 64 FR 6565 (February 10, 1999). The amendments at issue clarified the time period for filing complaints pursuant to the existing program access, program carriage and open video system rules. EchoStar argues that the amendment of these rules is inconsistent with the Administrative Procedure Act (APA) because substantive changes, imposing new obligations on part 76 complainants, were made to the Commission's rules without providing notice and opportunity for comment. 2. In denying the petition, the Commission finds that the amendments conform with the APA requirements. Section 553 of the APA (5 USC 553) excepts interpretative and procedural rules from the notice and comment requirements. The amendments are not substantive rule changes that impose new obligations, but at most clarify how to file complaints under the existing rules, and thus, are interpretive and/or procedural rules that are excepted from the notice and comment requirements. List of Subjects in 47 CFR Part 76 Cable television. Federal Communications Commission. Magalie Roman Salas, Secretary. [FR Doc. 99-26120 Filed 10-7-99; 8:45 am] BILLING CODE 6712-01-P