[Federal Register: May 19, 2003 (Volume 68, Number 96)]
[Rules and Regulations]
[Page 26997-27004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my03-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 76, and 78
[CS Docket No. 00-78, FCC 03-55]
Implementation of Electronic Filing for the Multichannel Video
and Cable Television Service and the Cable Television Relay Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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[[Page 26998]]
SUMMARY: This document revises rules to allow for electronic filing of
forms by Multichannel Video Programming Distributors (``MVPDs'') via
the Cable Operations And Licensing System (``COALS''). When COALS,
currently being completed, is fully implemented MVPDs will be able to
file over the Internet cable community registrations, aeronautical
frequency notifications, operational change information, cable
television system reports, annual signal leakage reports, and Cable
Television Relay Service (CARS) applications. Electronic filing of each
type of data will become mandatory 6 months after the Commission has
determined that the form for collecting it has been reliably automated.
This action includes providing forms for information previously
submitted by letter and simplifying the CARS license application.
DATES: These rules contain information collection requirements that
have not been approved by OMB. The Federal Communications Commission
will publish a document in the Federal Register announcing the
effective date of these rules. Public and agency comments are due July
18, 2003.
FOR FURTHER INFORMATION CONTACT: Wayne T. McKee, 202-418-2355, or
Michael Lance, 202-418-7014. For additional information concerning the
information collection(s) contained in this document, contact Judith B.
Herman at 202-418-0214, or via the Internet at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O) in CS Docket No. 00-78; FCC 03-55, adopted March 13,
2003, and released March 19, 2003. The complete text of this R&O is
available for inspection and copying during normal business hours in
the FCC Reference Information Center, Courtyard Level, 445 12th Street,
SW., Washington, DC, and also may be purchased from the Commission's
copy contractor, Qualex International, Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554, telephone 202-863-2893,
facsimile 202-863-2898, or via e-mail at qualexint@aol.com. Alternative
formats (computer diskette, large print, audio cassettes, and Braille)
are available to persons with disabilities by contacting Brian Millin
at 202-418-7426, TTY 202-418-7365, or at bmillin@fcc.gov. In addition
to filing comments with the Office of the Secretary, a copy of any
comments on the information collection(s) contained herein should be
submitted to Judith B. Herman, Federal Communications Commission, Room
1-C804, 445 12th Street, SW., Washington, DC 20554, or via the Internet
to jboley@fcc.gov. The Notice of Proposed Rule Making (NPRM) in this proceeding may be
found at 65 FR 48211, August 7, 2000.
Synopsis of the Report and Order
This Report and Order revises our rules governing the filing of the
majority of forms filed by the public for the Multichannel Video and
Cable Television Service (``MVCTS'') and applications in the Cable
Television Relay Service (``CARS''). In addition to the CARS microwave
applications, these forms include cable television operator
registrations, change of operational information, cable television
system reports, aeronautical frequency usage filings, and annual signal
leakage reports. These rule changes facilitate our implementation of
the Cable Operations and Licensing System (``COALS'') and will allow
for a new electronic filing system. This action will reduce the effort
for Multichannel Video Programming Distributors (``MVPDs'') to file
applications, reports, and other documents. It will also enhance the
availability to the industry and the public of cable system and
multichannel video programming systems information. This action is also
another step for the Commission in complying with Government Paperwork
Elimination Act.
Use of COALS will become mandatory in phases as the Commission
verifies its reliability for filing each form. Thus, electronic filing
of each form will be made mandatory six months after the Commission
announces that the software for filing that form is available. The
Commission will publish by Public Notice the date on which mandatory
filing will begin. In cases where filers can show that electronic
filing will work a hardship on them, the Commission will consider
waivers of the mandatory filing requirement.
This Report and Order also makes modifications to procedural rules
for filings by MVPDs. It redefines major and minor modifications of
CARS stations and license applications. It also requires that
geographic coordinates be given using the 1983 North American Datum
(NAD83).
This Report and Order contains new or modified information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Pub. L. 104-13. It will be submitted to the Office of Management and
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the
general public, and other Federal agencies are invited to comment on
the new or modified information collection(s) contained in this
proceeding.
Paperwork Reduction Act
This Report and Order contains a modified information collection.
The Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public to comment on the information
collection(s) contained in this Report and Order as required by the
Paperwork Reduction Act of 1995, Pub. L. 104-13.
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(``RFA''), an Initial Regulatory Flexibility Analysis (``IRFA'') was
incorporated in the Notice of Proposed Rulemaking (``NPRM'') in CS
Docket No. 00-78, FCC 00-165. The Commission sought written public
comment on the proposals in the Notice, including comment on the IRFA.
This present Final Regulatory Flexibility Analysis (``FRFA'') conforms
to the RFA.
A. Need for, and Objectives of, This Report and Order
We revise our rules governing the filing of forms and applications
for the Multichannel Video and Cable Television Services. These include
applications in the Cable Television Relay Service (CARS microwave
applications), cable television operator registrations, and
aeronautical frequency usage filings. These rule changes are designed
to facilitate our implementation of electronic filing via the new Cable
Operations And Licensing System (``COALS''). We undertake
implementation of the COALS electronic filing system so that cable
services applicants and associated parties may file documents with
greater speed and efficiency. Because it is available over the Internet
and is fully searchable, the system will also make license and cable
operational information more accessible to the Commission's staff, the
MVPD industry, and the general public. Furthermore, it is expected that
the cost of filing applications or obtaining information will be
reduced.
B. Summary of Significant Issues Raised by Public Comments in Response
to IRFA
No one commented in direct response to the IRFA. We received only
one comment in the proceeding--from the National Cable
Telecommunications Association (``NCTA''). That comment did address the
issue of the burden on small entities that would result if we decide to
make electronic filing
[[Page 26999]]
mandatory. We responded to their concern by creating an indefinite
transition period during which electronic filing will be optional. A
waiver of the requirement may also be granted.
C. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
The RFA 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 rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' 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 (``SBA'').
A small organization is generally ``any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.'' Nationwide, as of 1992, there were approximately 275,801 small
organizations. ``Small government jurisdiction'' generally means
``governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than
50,000.'' As of 1992, there were approximately 85,006 governmental
entities in the United States. This number includes 38,978 counties,
cities, and towns: of these, 37,566, or 96%, have populations of fewer
than 50,000. The Census Bureau estimates that this ratio is
approximately accurate for all governmental entities. Thus, of the
85,006 governmental entities, we estimate that 81,600 (96%) are small
entities. Below, we further describe and estimate the number of small
entity licensees and regulatees that may be affected by these rules. It
is possible that various types of small organizations are cable
operators or other types of Multichannel Video Programming Distributor.
The rules we adopt will apply to all Multichannel Video Programming
Distributors. This includes cable systems, the Multipoint Distribution
Service (``MDS''), the Multichannel, Multipoint Distribution Service
(``MMDS''), and Private Cable Operators (``PCOs'').
Small MVPDs. SBA has developed a definition of small entities for
cable and other pay television services, which includes such companies
generating $12.5 million or less in annual receipts. This definition
includes cable system operators, closed circuit television services,
direct broadcast satellite services, multipoint distribution systems,
satellite master antenna systems, open video systems, and subscription
television services. According to the Census Bureau, there were 1,423
such cable and other pay television services generating less than $12.5
million in revenue. We address below services individually to provide a
more precise estimate of small entities.
The Commission has developed, with SBA's approval, its own
definition of a small cable system operator for the purposes of rate
regulation. Under the Commission's rules, a ``small cable company'' is
one serving fewer than 400,000 subscribers nationwide. Based on our
most recent information, we estimate that there were 1439 cable
operators that qualified as small cable companies at the end of 1995.
Since then, some of those companies may have grown to serve over
400,000 subscribers, and others may have been involved in transactions
that caused them to be combined with other cable operators. The
Commission's rules define a ``small system,'' for the purposes of rate
regulation, as a cable system with 15,000 or fewer subscribers. The
Commission does not request nor does the Commission collect information
concerning cable systems serving 15,000 or fewer subscribers and thus
is unable to estimate, at this time, the number of small cable systems
nationwide.
The Communications Act also contains a definition of a small cable
system operator, which is ``a cable operator that, directly of through
an affiliate, serves in the aggregate fewer than 1% of all subscribers
in the United States and is not affiliated with any entity or entities
whose gross annual revenues in the aggregate exceed $250,000,000.'' The
Commission has determined that there are 61,700,000 subscribers in the
United States. Therefore, a cable operator serving fewer than 617,000
subscribers shall be deemed a small operator, if its annual revenues,
when combined with the total annual revenues of all of its affiliates,
do not exceed $250 million in the aggregate. Based on available data,
we find that the number of cable operators serving 617,000 subscribers
or less totals approximately 1450. Although it seems certain that some
of these cable system operators are affiliated with entities whose
gross annual revenues exceed $250,000,000, we are unable at this time
to estimate with greater precision the number of cable system operators
that would qualify as small cable operators under definition in the
Communications Act. It should be further noted that recent industry
estimates project that there will be a total of 64,000,000 subscribers
and we have based our fee revenue estimates on that figure.
Private Cable Operators/Satellite Master Antenna Systems. Based on
our most recent information, we estimate that there are 3400 private
cable operators (``PCOs''). Most of these qualify as small cable
companies under the SBA and Commission rate regulation definitions.
These operators primarily serve multiple dwelling units (``MDU'') and
commercial multiple tenant units (``MTU''). The MDU market is comprised
of 20 to 25 million units. Commercial multiple tenant units (and there
SBA size standards) include hotels ($6.0 million), hospitals ($29.0
million), nursing care facilities ($11.5 million), homes for the
elderly ($6.0 million), and similar facilities. PCOs serve 3,000 to
4,000 customers each, but some serve 15,000 to 55,000 subscribers each.
Consequently, most PCOs are small entities, and we estimate that there
are more than 3,400 small entity private cable system operators that
may be affected by the decisions and rules we are adopting.
Open Video System (``OVS''). The Commission has certified 26 OVS
operators. As an OVS is comparable in most ways to a cable system, the
cable system size standards are appropriate. Of these, one, Affiliates
of Residential Communications Network, Inc. (``RCN''), is clearly not a
small system. RCN received approval to operate OVS systems in New York
City, Boston, Washington, DC, and other areas. RCN has approximately
506,700 video subscribers; is the largest broadband service provider in
the country, 1.5 million homes passed; and is the thirteenth largest
MVPD. The Commission has not set a separate size standard for an OVS.
Under that standard RCN is not a small system operator. Little
financial information is available for the other entities authorized to
provide OVS service that are not yet operational. Given that other
entities have been authorized to provide OVS service but have not yet
begun to generate revenues, we conclude that at least some of the OVS
operators qualify as small entities under FCC standards.
Multichannel, Multipoint Distribution Service (``MMDS''). The
Commission refined the definition of ``small entity'' for the auction
of MMDS as an entity
[[Page 27000]]
that, together with its affiliates, has annual average gross revenues
that are not more than $40 million for the proceeding three calendar
years. This definition of a small entity, in the context of the
Commission's decision concerning MMDS auctions, has been approved by
the SBA.
The Commission completed its MMDS auction in March 1996 for
authorization in 493 basic trading areas (``BTAs''). Of the 67 winning
bidders, 61 qualified as small entities under the Commission
definition. Five winners indicated that they were minority-owned and
four winners indicated that they were women-owned businesses. In 1998,
the Commission released the Two-Way Order permitting MDS/ITFS licensees
to construct digital two-way systems that could provide high-speed,
high-capacity broadband service, including two-way Internet service via
cellularized communication systems. As a result, although over 2,650
MDS and MMDS licenses have been issued in the U.S., four companies--
Sprint, WorldCom, Nucentrix and BellSouth--hold more than half of the
licenses. Collectively, these four companies can potentially reach 75%
of the U.S. population. The number of MMDS subscribers, however, has
declined to approximately 490,000 from 700,000 last year. Presumably,
the remaining licenses are held by small businesses under the
Commission auction standard for small entities.
D. Description of Projected Reporting, Record Keeping and other
Compliance Requirements
This Report and Order creates no additional reporting, record
keeping, or other requirements. Rather, makes reporting easier and more
efficient by permitting filing by electronic means via the Internet. It
also simplifies reporting by standardizing forms and deleting duplicate
and unnecessary data collections.
E. Steps Taken To Minimize the Impact on Small Entities, and
Significant Alternatives Considered
The RFA requires an agency to describe any significant alternatives
that it has considered in developing its approach, which may include
the following four alternatives (among others): ``(1) the establishment
of differing compliance or reporting requirements or timetables that
take into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
The impact of this action on small entities will not only be
identical to the impact on large entities, it will be entirely
beneficial. It gives them the option of eliminating the cost and
expense of filing paper copies of required documents. We did not adopt
a requirement for mandatory electronic filing specifically because of
concerns for the burden that mandatory filing might impose upon small
entities.
Report to Congress. We will send a copy of this Report and Order,
including this FRFA, in a report to Congress pursuant to the
Congressional Review Act of 1996. A copy of this report and Order and
FRFA (or summary thereof) will also be published in the Federal
Register, pursuant to 5 U.S.C. 604(b), and will be sent to the Chief
Counsel for Advocacy of the Small Business Administration.
Ordering Clauses
0
Accordingly, pursuant to authority found in 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), the Commission's rules are amended as set
forth in this Order.
0
The action contained herein has been analyzed with respect to the
Paperwork Reduction Act of 1995, Public Law 104-13, and found to impose
new or modified information collection requirements on the public.
Implementation of these new or modified information collection
requirements will be subject to approval by the Office of Management
and Budget (OMB) as prescribed by the Paperwork Reduction Act.
Consequently, the amendments to the Commission's rules set forth in
this Order will become effective upon announcement in the Federal
Register of OMB approval of the new or modified information collecting
requirements and the implementation of the electronic filing system
specified therein.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Report and
Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies), Reporting and
recordkeeping requirements.
47 CFR Part 1
Reporting and recordkeeping requirements.
47 CFR Part 76
Cable television, Reporting and recordkeeping requirements.
47 CFR Part 78
Cable television, Communications equipment, Radio, Reporting and
recordkeeping requirements.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 0, 1, 76, and 78 as follows:
PART 0--COMMISSION ORGANIZATION
0
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,
225, unless otherwise noted.
0
2. Revise Sec. 0.401(b)(3) to read as follows:
Sec. 0.401 Location of Commission offices.
* * * * *
(b) * * *
(3) Alternatively, applications and other filings may be sent
electronically via the Universal Licensing System (ULS) or the Cable
Operations and Licensing System (COALS) as appropriate for use of those
systems.
PART 1--PRACTICE AND PROCEDURE
0
3. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309
and 325(e).
0
4. In the table in Sec. 1.1104, entry 8 is amended by revising the
introductory text and by revising entries h. and i. to read as follows:
Sec. 1.1104 Schedule of charges for applications and other filings
for media services.
* * * * *
[[Page 27001]]
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Payment type
Action FCC form No. Fee amount code Address
----------------------------------------------------------------------------------------------------------------
8. Multichannel Video and Cable Television Services
* * * * * * *
h. Registration of a Cable 322 & 159 50.00 TAC Federal Communications
Community. Commission, Media Services,
P.O. Box 358205, Pittsburgh,
PA 15251-5205.
i. Aeronautical Frequency 321 & 159 50.00 TAC Federal Communications
Notification. Commission, Media Services,
P.O. Box 358205, Pittsburgh,
PA 15215-5205.
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0
5. Section 1.1111 is amended by adding paragraph (d) to read as
follows:
Sec. 1.1111 Filing locations.
* * * * *
(d) Fees for applications and other filings pertaining to the
Multichannel Video and Cable Television Service (MVCTS) and the Cable
Television Relay Service (CARS) that are submitted electronically via
the Cable Operations and Licensing System (COALS) may be paid
electronically or sent to the Commission's lock box bank manually. When
paying manually, applicants must include the FCC Form 159 generated by
COALS (pre-filled with the transaction confirmation number) and
completed with the necessary additional payment information to allow
the Commission to verify that payment was made. Manual payments must be
received no later than ten (10) days after receipt of the application
or filing in COALS or the application or filing will be dismissed.
0
6. Add subpart M to read as follows:
Subpart M--Cable Operations and Licensing System (COALS)
Sec.
1.1701 Purpose.
1.1702 Scope.
1.1703 Definitions.
1.1704 Station files.
1.1705 Forms; electronic and manual filing.
1.1706 Content of filings.
1.1707 Acceptance of filings.
Sec. 1.1701 Purpose.
To provide electronic filing of applications, notifications,
registration statements, reports, and related documents in the
Multichannel Video and Cable Television Services and the Cable
Television Relay Services.
Sec. 1.1702 Scope.
This subpart applies to filings required by Sec. Sec. 76.403,
76.1610, 76.1801, 76.1803, & 76.1804, and 78.11 through 78.36 of this
chapter.
Sec. 1.1703 Definitions.
For purposes of this subpart, the following definitions apply:
(a) Application. A request on Form 327 for a station license as
defined in Section 3(b) of the Communications Act, completed in
accordance with Sec. 78.15 and signed in accordance with Sec. 78.16
of this chapter, or a similar request to amend a pending application or
to modify or renew an authorization. The term also encompasses requests
to assign rights granted by the authorization or to transfer control of
entities holding authorizations.
(b) Authorization. A written instrument issued by the FCC conveying
authority to operate, for a specified period, a station in the Cable
Television Relay Service. In addition, this term includes authority
conveyed by operation of rule upon filing notification of aeronautical
frequency usage by MVPDs or registration statements by cable operators.
(c) Cable Operations And Licensing System (COALS). The consolidated
database, application filing system, and processing system for
Multichannel Video and Cable Television Services (MVCTS) and the Cable
Television Relay Service (CARS). COALS supports electronic filing of
all applications, notifications, registrations, reports, and related
documents by applicants and licensees in the MVCTS and CARS, and
provides public access to licensing information.
(d) Cable Television Relay Service (CARS). All services authorized
under part 78 of this title.
(e) Filings. Any application, notification, registration statement,
or report in plain text or, when as prescribed, on FCC Forms 320, 321,
322, 324, 325, or 327, whether filed in paper form or electronically.
(f) Multichannel Video and Cable Television Services (MVCTS). All
services authorized or operated in accordance with part 76 of this
title.
(g) Receipt date. The date an electronic or paper application is
received at the appropriate location at the Commission or the lock box
bank. Major amendments to pending applications as defined in Sec.
78.109 of this chapter, will result in the assignment of a new receipt
date.
(h) Signed. For manually filed applications only, an original hand-
written signature. For electronically filed applications only, an
electronic signature. An electronic signature shall consist of the name
of the applicant transmitted electronically via COALS and entered on
the filing as a signature.
Sec. 1.1704 Station files.
Applications, notifications, correspondence, electronic filings and
other material, and copies of authorizations, comprising technical,
legal, and administrative data relating to each system in the
Multichannel Video and Cable Television Services (MVCTS) and the Cable
Television Relay Service (CARS) are maintained by the Commission in
COALS and the Public Reference Room. These files constitute the
official records for these stations and supersede any other records,
database or lists from the Commission or other sources.
Sec. 1.1705 Forms; electronic and manual filing.
(a) Application forms. Operators in the Multichannel Video and
Cable Television Services (MVCTS) and applicants and licensees the
Cable Television Relay Service (CARS) shall use the following forms and
associated schedules:
(1) FCC Form 320, Basic Signal Leakage Performance Report. FCC Form
320 is used by MVPDs to report compliance with the basic signal leakage
performance criteria.
(2) FCC Form 321, Aeronautical Frequency Notification. FCC Form 321
is used by MVPDs to notify the Commission prior to operating channels
in the aeronautical frequency bands.
(3) FCC Form 322, Cable Community Registration. FCC Form 322 is
used by cable system operators to commence operation for each community
unit.
(4) FCC Form 324, Operator, Address, and Operational Information
Changes.
[[Page 27002]]
FCC Form 324 is used by cable operators to notify the Commission of
changes in administrative data about the operator and operational
status changes.
(5) FCC Form 325, Cable Television System Report. FCC Form 325 is
used by cable operators to report general information and signal and
frequency distribution data.
(6) FCC Form 327, Application for Cable Television Relay Service
Station License. FCC Form 327 and associated schedules is used to apply
for initial authorizations, modifications to existing authorizations,
amendments to pending applications, and renewals of station
authorizations. FCC Form 327 is also used to apply for Commission
consent to assignments of existing CARS authorizations and to apply for
Commission consent to the transfer of control of entities holding CARS
authorizations.
(b) Electronic filing. Six months after the Commission announces
their availability for electronic filing, all applications and other
filings using FCC Forms 320, 321, 322, 324, 325, and 327 and their
respective associated schedules must be filed electronically in
accordance with the electronic filing instructions provided by COALS.
(1) There will be two ways for parties to electronically file
applications with the Commission: batch and interactive.
(i) Batch filing. Batch filing involves data transmission in a
single action. Batch filers will follow a set Commission format for
entering data. Batch filers will then send, via file transfer protocol,
batches of data to the Commission for compiling. COALS will compile
such filings overnight and respond the next business day with a return
or dismissal of any defective filings. Thus, batch filers will not
receive immediate correction from the system as they enter the
information.
(ii) Interactive filing. Interactive filing involves data
transmission with screen-by-screen prompting from the Commission's
COALS system. Interactive filers will receive prompts from the system
identifying data entries outside the acceptable ranges of data for the
individual fields at the time the data entry is made.
(2) Attachments to applications must be uploaded along with the
electronically filed application whenever possible.
(3) Any associated documents submitted with an application must be
uploaded as attachments to the application whenever possible. The
attachment should be uploaded via COALS in Adobe Acrobat Portable
Document Format (PDF) whenever possible.
(c) Manual filing. (1) Forms 320, 321, 322, 324, 325, and 327 may
be filed manually.
(2) Manual filings must be submitted to the Commission at the
appropriate address with the appropriate filing fee. The addresses for
filing and the fee amounts for particular applications are listed in
subpart G of this part, and in the appropriate fee filing guide for
each service available from the Commission's Forms Distribution Center
by calling 1-800-418-FORM (3676). The form may be downloaded from the
Commission's Web site: http://www.fcc.gov.
(3) Manual filings requiring fees as set forth at subpart G, of
this part must be filed in accordance with Sec. 0.401(b) of this
chapter.
(4) Manual filings that do not require fees must be addressed and
sent to the Media Bureau, Federal Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
(5) FCC forms may be reproduced and the copies used in accordance
with the provisions of Sec. 0.409 of this chapter.
(d) Applications requiring prior coordination. Parties filing
applications that require frequency coordination shall, prior to
filing, complete all applicable frequency coordination requirements in
Sec. 78.36 of this chapter.
Sec. 1.1706 Content of filings.
(a) General. Filings must contain all information requested on the
applicable form and any additional information required by the rules in
this title and any rules pertaining to the specific service for which
the filing is made.
(b) Antenna locations. Applications for CARS stations and
aeronautical frequency usage notifications must describe each
transmitting antenna site or center of the cable system, respectively,
by its geographical coordinates. Geographical coordinates must be
specified in degrees, minutes, and seconds to the nearest tenth of a
second of latitude and longitude. Submissions must provide such data
using the NAD83 datum.
(c) Antenna structure registration. Owners of certain antenna
structures must notify the Federal Aviation Administration and register
with the Commission as required by Part 17 of this chapter.
Applications proposing the use of one or more new or existing antenna
structures must contain the FCC Antenna Registration Number(s) of each
structure for which registration is required. If registration is not
required, the applicant must provide information in its application
sufficient for the Commission to verify this fact.
(d) Environmental concerns. Each applicant is required to indicate
at the time its application is filed whether a Commission grant of the
application may have a significant environmental effect, as defined by
Sec. 1.1307. If yes, an Environmental Assessment, required by Sec.
1.1311, must be filed with the application and environmental review by
the Commission must be completed prior to construction.
(e) International coordination. Channel assignments and usage under
part 78 are subject to the applicable provisions and requirements of
treaties and other international agreements between the United States
government and the governments of Canada and Mexico.
(f) Taxpayer Identification Number (TINs). All filers are required
to provide their Taxpayer Identification Numbers (TINS) (as defined in
26 U.S.C. 6109) to the Commission, pursuant to the Debt Collection
Improvement Act of 1996 (DCIA). Under the DCIA, the FCC may use an
applicant or licensee's TIN for purposes of collecting and reporting to
the Department of the Treasury any delinquent amounts arising out of
such person's relationship with the Government.
Sec. 1.1707 Acceptance of filings.
Regardless of filing method, all submissions with an insufficient
fee, grossly deficient or inaccurate information, or those without a
valid signature will be dismissed immediately. For any submission that
is found subsequently to have minimally deficient or inaccurate
information, we will notify the filer of the defect. We will allow 15
days from the date of this notification for correction or amendment of
the submission if the amendment is minor. If the applicant files a
timely corrected application, it will ordinarily be processed as a
minor amendment in accordance with the Commission's rules. Thus it will
have no effect on the initial filing date of the application or the
applicant's filing priority. If, however, the amendment made by the
applicant is not a simple correction, but constitutes a major amendment
to the application, it will be governed by the rules and procedures
applicable to major amendments, that is, it will be treated as a new
application with a new filing date and new fees must be paid by the
applicant. Finally, if the applicant fails to submit an amended
application within the period specified in the notification, the
application will be subject to dismissal for failure to prosecute.
[[Page 27003]]
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
7. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533,
534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556,
558, 560, 561, 571, 572, 573.
0
8. Amend Sec. 76.403 by revising the second sentence to read as
follows:
Sec. 76.403 Cable television system reports.
* * * These forms shall be completed and filed with (returned to)
the Commission within 60 days after the Commission notifies the
operator that the form is due. * * * ,
0
9. Revise Sec. 76.620 to read as follows:
Sec. 76.620 Non-cable multichannel video programming distributors
(MVPDs).
Sections 76.605(a)(12), 76.610, 76.611, 76.612, 76.614, 76.1803,
76.1804, 76.616, and 76.617 shall apply to all non-cable MVPDs.
Exception: Non-cable MVPDs serving less than 1000 subscribers and less
than 1000 units do not have to comply with Sec. 76.1804(g).
0
10. Amend Sec. 76.1610 by revising the introductory text and
paragraphs (a), (c), and (d) and adding paragraph (g) to read as
follows:
Sec. 76.1610 Change of operational information.
The Operator shall inform the Commission on FCC Form 324 whenever
there is a change of cable television system operator; change of legal
name, change of the operator's mailing address or FCC Registration
Number (FRN); or change in the operational status of a cable television
system. Notification must be done within 30 days from the date the
change occurs and must include the following information, as
appropriate:
(a) The legal name of the operator and whether the operator is an
individual, private association, partnership, corporation, or
government entity. See Sec. 76.5(cc). If the operator is a
partnership, the legal name of the partner responsible for
communications with the Commission shall be supplied;
* * * * *
(c) The physical address, including zip code, and e-mail address,
if applicable, to which all communications are to be directed;
(d) The nature of the operational status change (e.g., operation
terminated, merged with another system, inactive, deleted, etc.);
* * * * *
(g) The FCC Registration Number (FRN).
0
11. Revise Sec. 76.1801 to read as follows:
Sec. 76.1801 Registration statement.
(a) A system community unit shall be authorized to commence
operation only after filing with the Commission the following
information on FCC Form 322.
(1) The legal name of the operator, entity identification or social
security number, and whether the operator is an individual, private
association, partnership, or corporation. If the operator is a
partnership, the legal name of the partner responsible for
communications with the Commission shall be supplied;
(2) The assumed name (if any) used for doing business in the
community;
(3) The mailing address, including zip code; e-mail address, if
applicable; and telephone number to which communications are to be
directed;
(4) The month and year the system began service to subscribers;
(5) The name of the community or area served and the county in
which it is located;
(6) The television broadcast signals to be carried which previously
have not been certified or registered; and
(7) The FCC Registration Number (FRN).
(b) Registration statements, FCC Form 322, shall be signed by the
operator; by one of the partners, if the operator is a partnership; by
an officer, if the operator is a corporation; by a member who is an
officer, if the operator is an unincorporated association; or by any
duly authorized employee of the operator.
(c) Registration statements, FCC Form 322, may be signed by the
operator's attorney in case of the operator's physical disability or of
his absence from the United States. The attorney shall in that event
separately set forth the reasons why the registration statement was not
signed by the operator. In addition, if any matter is stated on the
basis of the attorney's belief only (rather than the attorney's
knowledge), the attorney shall separately set forth the reasons for
believing that such statements are true.
0
12. Section Sec. 76.1803 is revised to read as follows:
Sec. 76.1803 Signal Leakage Monitoring.
MVPDs subject to Sec. 76.611 must submit the results of ground
based measurements derived in accordance with Sec. 76.611(a)(1) or
airspace measurements derived in accordance with Sec. 76.611(a)(2),
including a description of the method by which compliance with basic
signal leakage criteria is achieved and the method of calibrating the
measurement equipment. This information shall be provided to the
Commission each calendar year via FCC Form 320.
0
13. Section 76.1804 is revised to read as follows:
Sec. 76.1804 Aeronautical frequencies: leakage monitoring (CLI).
An MVPD shall notify the Commission before transmitting any carrier
or other signal component with an average power level across a 25 kHz
bandwidth in any 160 microsecond time period equal to or greater than
10-4 watts at any point in the cable distribution system on
any new frequency or frequencies in the aeronautical radio frequency
bands (108-137 and 225-400 MHz). The notification shall be made on FCC
Form 321. Such notification shall include:
(a) Legal name and local address of the MVPD;
(b) The names and FCC identifiers (e.g., CA0001) of the system
communities affected, for a cable system, and the name and FCC
identifier (e.g., CAB901), for other MVPDs;
(c) The names and telephone numbers of local system officials who
are responsible for compliance with Sec. Sec. 76.610 through 76.616
and Sec. 76.1803;
(d) Carrier frequency, tolerance, and type of modulation of all
carriers in the aeronautical bands at any location in the cable
distribution system and the maximum of those average powers measured
over a 2.5 kHz bandwidth as described in the introductory paragraph to
this rule section;
(e) The geographical coordinates (in NAD83) of a point near the
center of the system, together with the distance (in kilometers) from
the designated point to the most remote point of the plant, existing or
planned, that defines a circle enclosing the entire plant;
(f) Certification that the monitoring procedure used is in
compliance with Sec. 76.614 or description of the routine monitoring
procedure to be used; and
(g) For MVPDs subject to Sec. 76.611, the cumulative signal
leakage index derived under Sec. 76.611(a)(1) or the results of
airspace measurements derived under Sec. 76.611(a)(2), including a
description of the method by which compliance with the basic signal
leakage criteria is achieved and the method of calibrating the
measurement equipment.
(h) Aeronautical Frequency Notifications, FCC Form 321, shall be
personally signed either electronically or manually by the operator; by
one of the partners, if the operator is a partnership; by an officer,
if the operator is a corporation; by a member who is an
[[Page 27004]]
officer, if the operator is an unincorporated association; or by any
duly authorized employee of the operator.
(i) Aeronautical Frequency Notifications, FCC Form 321, may be
signed by the operator's attorney in case of the operator's physical
disability or of his absence from the United States. The attorney shall
in that event separately set forth the reasons why the FCC Form 321 was
not signed by the operator. In addition, if any matter is stated on the
basis of the attorney's belief only (rather than the attorney's
knowledge), the attorney shall separately set forth the reasons for
believing that such statements are true.
(j) The FCC Registration Number (FRN).
PART 78--CABLE TELEVISION RELAY SERVICE
0
14. The authority citation for Part 78 continues to read as follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.
0
15. Revise Sec. 78.17 to read as follows:
Sec. 78.17 Amendment of applications.
Any application may be amended as a matter of right prior to the
adoption date of any final action taken by the Commission with respect
to the application. If a petition to deny has been filed, the amendment
shall be served on the petitioner.
0
16. Amend Sec. 78.20 by revising the first sentence of paragraph (a)
to read as follows:
Sec. 78.20 Acceptance of applications; public notice.
(a) Applications which are tendered for filing are dated upon
receipt and then forwarded to the Media Bureau where an examination is
made to ascertain whether the applications are complete. * * *
* * * * *
0
17. In Sec. 78.35 add paragraphs (d) and (e) to read as follows:
Sec. 78.35 Assignment or transfer of control.
* * * * *
(d) If an assignment or transfer of control involves a substantial
change of interest, and requires prior FCC approval, the CARS licensee
is required to file FCC Form 327 with the Commission.
(e) Licensees are required to notify the Commission of consummation
of an approved transfer or assignment. The assignee or transferee is
responsible for providing this notification, including the date the
transaction was consummated. The transaction must be consummated and
notification provided to the Commission within 60 days of public notice
of approval, and notification of consummation must occur no later than
30 days after actual consummation, unless a request for an extension of
time to consummate is filed.
0
18. Revise Sec. 78.109 to read as follows:
Sec. 78.109 Major and minor modifications to stations.
(a) Amendments to applications and modifications to stations are
classified as major or minor. A major modification requires a formal
application. A major amendment to an application is treated as a new
application.
(b) Major modifications to a station or amendments to an
application include, but are not limited to:
(1) Any increase in bandwidth;
(2) Any change in the transmitting antenna system of a station,
other than a CARS pickup station, including the direction of the main
radiation lobe, directive pattern, antenna gain or transmission line,
antenna height or location;
(3) Any change in the type of modulation;
(4) Any change in the location of a station transmitter, other than
a CARS pickup station transmitter, except a move within the same
building or upon the tower or mast or a change in the area of operation
of a CARS pickup station;
(5) Any change in frequency assignment, including polarization;
(6) Any increase in authorized operating power;
(7) Any substantial change in ownership or control;
(8) Any addition or change in frequency, excluding removing a
frequency;
(9) Any modification or amendment requiring an environmental
assessment (as governed by Sec. Sec. 1.1301 through 1319 of this
chapter, including changes affecting historic preservation under Sec.
1.1307(a)(4) of this chapter and 16 U.S.C. 470 (National Historic
Preservation Act));
(10) Any request requiring frequency coordination; or
(11) Any modification or amendment requiring notification to the
Federal Aviation Administration as defined in 47 CFR 17, subpart B.
(c) Minor changes may be made at the discretion of the licensee,
provided proper notice is given to the Commission within 30 days of
implementing the change and provided further, that the changes are
appropriately reflected in the next application for renewal of the
license for the station.
(d) For applications and modifications, the following changes are
considered minor:
(1) Any name change not involving change in ownership or control of
the license;
(2) Any change to administrative information, e.g., address,
telephone number, or contact person;
(3) Any change in ownership that does not affect the identity or
controlling interest of the licensee;
(4) Lowering power;
(5) Removing one or more channels; or
(6) Deleting a path.
[FR Doc. 03-12132 Filed 5-16-03; 8:45 am]
BILLING CODE 6712-01-P