FOR IMMEDIATE RELEASE NEWS MEDIA CONTACT: July 14, 1999 MICHELLE RUSSO AT (202) 418-2358 COMMISSION SEEKS COMMENT ON OPTEL PROPOSAL TO OFFER VIDEO PROGRAMMING ON "CARS" FREQUENCIES To further promote competition in the delivery of video programming to consumers, the FCC has adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal to allow private cable operators (PCOs) to use Cable Television Relay Services (CARS) to deliver video programming over the 12 GHz frequency band. CARS microwave relay stations are used by franchised cable operators to transmit video programming over the air where cable transmission is unfeasible, such as across a river or over a mountain. PCOs provide video and other services to residential customers in multiple dwelling units in competition with franchised cable operators. PCOs are not generally subject to local franchises. Optel, a private cable operator, petitioned the FCC to amend its rules to allow PCOs to compete more effectively with franchised cable operators by allowing PCOs to use these CARS microwave relay links to connect their buildings. Rates charged by franchised cable operators were recently deregulated, and the FCC is taking action to facilitate competition in an effort to discourage rate increases. On its own motion, the FCC broadened this inquiry beyond Optel's petition by including all multichannel video programming providers (MVPDs) as potential CARS licensees. In the NPRM, the FCC asks whether extending CARS eligibility to MVPDs, such as PCOs and Open Video Systems, will promote competition to franchised cable operators. The NPRM also seeks comment on whether expanded CARS eligibility would interfere with use of these microwave links by existing licensees. The Notice seeks comment on several questions, including:  Should the FCC extend CARS eligibility to private cable operators (PCOs) and other MVPDs? Specifically, will the goal of facilitating competition be served by this expansion of CARS eligibility?  Do PCOs need access to the 12 GHz CARS band to compete more effectively with franchised cable operators?  What is the appropriate eligibility criteria for PCOs and other MVPDs who wish to obtain a CARS license? -over-  Should the CARS band be expanded to include the frequency band segment from 13.20 to 13.25 GHz, which is currently designated for television broadcast auxiliary service ("BAS")? What would be the impact of such shared use of the spectrum between fixed PCOs and mobile BAS, especially as it relates to the required digital transition for broadcasters?  Given that PCOs can select their customers, in contrast to franchised cable systems that generally must serve the entire community, should PCOs have the same access to CARS stations that cable systems have? Comment is also sought on technical questions involving use of the 12 GHz CARS spectrum by PCOs, including uses other than analog video. Comments are due by August 16, 1999, reply comments are due by September 20, 1999. Cable Services Bureau Contacts: Eloise Gore at (202) 418-1066, Carolyn Fleming at (202) 418-1026 CS No. 99-10 FCC No. 99-166 -FCC-