NEWSReport No. CS 97-24 CABLE SERVICES ACTION August 28, 1997 COMMISSION REQUESTS COMMENT ON PROPOSED INSIDE WIRING RULES The Commission has adopted a Further Notice of Proposed Rulemaking ("Notice") seeking comment on proposed procedures for the disposition of cable inside wiring in multiple dwelling unit buildings ("MDUs"). This action continues the Commission's efforts to eliminate barriers to competition in markets for telecommunications services. The Notice concerns the wiring that runs from the point at which the wiring is dedicated to an individual unit to the demarcation point outside the individual unit (often called "home run" wiring) as well as the cable home wiring within the individual subscriber's premises. It proposes procedures for the disposition of cable inside wiring when the MDU owner terminates service for the entire MDU and intends to use the inside wiring for another video service provider, and when the MDU owner intends to allow more than one video service provider access to its building to compete for use of the existing home run wiring to provide video service to individual subscribers. Key elements of the Commission's proposal include: Where the incumbent video service provider owns the home run wiring in an MDU and does not have a legally enforceable right to remain on the premises and the MDU owner wants to be able to use the existing home run wiring for an alternative video service provider, the MDU owner may give the incumbent provider a minimum of 90 days' notice that its access to the entire building will be terminated. The incumbent provider would then have 30 days to notify the MDU owner in writing of its election to remove, abandon or sell the wiring to the MDU owner. The Commission proposes that, if the incumbent provider elects to sell the home run wiring but the MDU owner does not want to purchase it, the MDU owner may permit the alternative video service provider to purchase it. (over) - 2 - Where the incumbent video service provider owns the home run wiring in an MDU and does not have a legally enforceable right to maintain its home run wiring on the premises and the MDU owner wishes to permit head-to-head competition for the right to use the home run wires dedicated to each unit, the MDU owner may provide at least 60 days' notice to the incumbent provider of the owner's intention to allow such competition. The incumbent provider would then have 30 days to provide the MDU owner with a single written election as to whether, for all of the incumbent provider's home run wires dedicated to individual subscribers who may later choose the alternative provider's service, the incumbent provider will remove, abandon or sell the wiring to the MDU owner. That election would then be implemented each time an individual subscriber switches service providers. When a provider is notified that a subscriber wishes to terminate service and that the other service provider intends to use the existing home run wiring, a provider that has elected to remove its home run wiring would have seven days to do so. If the current service provider has elected to abandon or sell the wiring, it would have seven days to disconnect the home run wiring and leave it accessible for the new provider. Comment is also sought on certain issues pertaining to the disposition of cable home wiring in conjunction with the proposed home run wiring procedures. Comments are due by September 25, 1997, reply comments are due by October 2, 1997. Action by the Commission, August 27, 1997, by Further Notice of Proposed Rulemaking (FCC 97-304). Chairman Hundt, Commissioners Quello, Ness and Chong. - FCC - News Media Contact: Morgan Broman at (202) 418-2358 Cable Services Bureau Contacts: JoAnn Lucanik, Lynn Crakes at 418-7200