[Federal Register: March 19, 2002 (Volume 67, Number 53)]
[Notices]
[Page 12568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr02-91]
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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 96-45; DA 02-570]
Commission Seeks Comment on BT North America, Inc.'s Expedited
Petition for Clarification of the Contribution Obligations of Video
Distribution Service Providers
AGENCY: Federal Communications Commission.
ACTION: Notice; solicitation of comments.
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SUMMARY: This document seeks comments on BT North America, Inc.
Petition for Clarification of the universal service contribution
obligations of non-common carrier video distribution service providers.
Specifically, BT North America asks the Commission to clarify that
similarly situated entities transmitting video programming on a non-
common carrier basis, that do not compete with common carriers, should
be exempted from contributing on the basis of revenues derived from
these services.
DATES: Comments are due on or before April 9, 2002. Reply comments are
due on or before April 19, 2002.
ADDRESSES: See SUPPLEMENTARY INFORMATION section for where and how to
file comments.
FOR FURTHER INFORMATION CONTACT: Paul Garnett, Attorney, Accounting
Policy Division, Common Carrier Bureau, (202) 418-7400, TTY: (202) 418-
0484.
SUPPLEMENTARY INFORMATION: On February 6, 2002, BT North America, Inc.
(BT North America) filed a Petition for Clarification of the universal
service contribution obligations of non-common carrier video
distribution service providers. Specifically, BT North America asks the
Commission to clarify that similarly situated entities transmitting
video programming on a non-common carrier basis, that do not compete
with common carriers, should be exempted from contributing on the basis
of revenues derived from these services. Universal service
contributions are based on a contributor's interstate and international
revenues derived from domestic end users for telecommunications or
telecommunications services. The Commission has previously stated that,
consistent with section 254(d) of the Act, open video systems, cable
leased access, and direct broadcast satellite (DBS) providers must
contribute to universal service for revenues derived from the provision
of interstate telecommunications services, but are not required to
contribute for revenues derived from interstate telecommunications. We
also note that broadcasters are not required to contribute to universal
service.
BT North America asserts that the Commission's rationale for these
exemptions should apply equally to its operations as well as other
similarly situated entities. BT North America's Broadcast Division
provides ``occasional use'' and ``full time'' broadcast services,
including uplink, downlink, and transport portions of video
transmission services. BT North America asserts that it does not
compete with common carriers. Rather, BT North America argues that its
competitors include other providers of satellite video transmission,
broadcasters, DBS operators, and cable operators. We seek comment on
this petition.
Pursuant to Secs. 1.415 and 1.419 of the Commission's rules,
interested parties may file comments are due on or before April 9, 2002
and reply comments are due on or before April 19, 2002. 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, May 1, 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. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. 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 electronic comments by Internet e-mail.
To receive 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 your e-mail address>.'' A sample
form and directions will be sent in reply. Parties who choose to file
by paper must file an original and four copies of each filing. If more
than one docket or rulemaking number appears in the caption of this
proceeding, commenters must submit two additional copies for each
additional docket or rulemaking number. All filings must be sent to the
Commission's Acting Secretary, William Caton, Office of the Secretary,
Federal Communications Commission, 445 12th Street, SW., Washington, DC
20554.
Parties also must send three paper copies of their filing to Sheryl
Todd, Accounting Policy Division, Common Carrier Bureau, Federal
Communications Commission, 445 12th Street SW., Room 5-A422,
Washington, DC 20554. In addition, commenters must send diskette copies
to the Commission's copy contractor, Qualex International, Portals II,
445 12th Street, SW., Room CY-B402, Washington, DC 20554.
Pursuant to Sec. 1.1206 of the Commission's rules, this proceeding
will be conducted as a permit-but-disclose proceeding in which ex parte
communications are permitted subject to disclosure.
Dated: March 13, 2002.
Katherine L. Schroder,
Chief, Accounting Policy Division.
[FR Doc. 02-6526 Filed 3-18-02; 8:45 am]
BILLING CODE 6712-01-P