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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) Amendment of Part 0 of the ) Commission's Rules to Make ) Changes in the Functions of the Cable) Services Bureau and to the Delegated ) Authority of the Chief, Cable ) Services Bureau ) ORDER Adopted: December 3, 1996 Released: December 5, 1996 By the Commission: 1. In this Order, we amend the Commission's rules regarding the functions of the Cable Services Bureau and the delegated authority of the Chief of the Cable Services Bureau. This action is necessary to permit the Cable Services Bureau to oversee pole attachment matters and administration and enforcement of relevant provisions of the Telecommunications Act of 1996. 2. The amendments adopted herein pertain to agency organization, procedure and practice. Consequently, the requirements of notice and comment rulemaking contained in 5 U.S.C.  553(b) and the effective date provisions of 5 U.S.C.  553(d) of the Administrative Procedure Act do not apply. Authority for the amendments adopted herein is contained in section 4(i), 5(c)(1), 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 155(c)(1), 303(r). 3. IT IS ORDERED THAT Sections 0.91, 0.101 and 0.321 of the Commission's rules, 47 C.F.R.  0.91, 0.101, 0.321 ARE AMENDED as set forth in the Appendix, effective upon publication in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX Part O of Title 47 of the Code of Federal Regulations is amended as follows: Part 0 -- COMMISSION ORGANIZATION 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. 2. Section 0.91 is amended by revising the introductory paragraph as follows, by deleting paragraph (h) and by redesignating paragraphs (i) - (k) as (h) - (j): The Common Carrier Bureau develops, recommends, and administers policies and programs for the regulation of services, facilities and practices of entities which furnish interstate communications service or interstate access service for hire - whether by wire, radio or cable - and of ancillary operations related to the provision of such services (excluding public coast stations in the maritime mobile services and multi-point and multi-channel multi-point distribution services and excluding matters pertaining exclusively to the regulation and licensing of wireless telecommunications services and facilities). The Bureau also develops, recommends, and administers policies and programs for the regulation of rates, terms and conditions under which communications entities furnish interstate communications service, interstate access service, and (in cooperation with the International Bureau) foreign communications service for hire - whether by wire, cable or satellite. The Bureau also performs the following functions: 3. Section 0.101 is amended to read as follows:  0.101 Functions of the Bureau. The Cable Services Bureau develops, recommends and administers policies and programs with respect to the regulation of services, facilities, rates and practices of cable television systems and with respect to the creation of competition to cable systems, and with respect to video programming services provided by other multichannel video programming distributors and multichannel video programmers. The Cable Services Bureau advises and recommends to the Commission, or acts for the Commission under delegated authority, in matters pertaining to the regulation and development of cable television and other multichannel video programming services. The Bureau also performs the following functions: (a) Administers and enforces rules and policies regarding: (1) cable television systems, operators, and services, including those relating to rates, technical standards, customer service, ownership, competition to cable systems, broadcast station signal retransmission and carriage, program access, wiring equipment, channel leasing, and federal-state/local regulatory relationships. This includes: acting, after Commission assumption of jurisdiction to regulate cable television rates for basic service and associated equipment, on cable operator requests for approval of existing or increased rates; reviewing appeals of local franchising authorities' rate making decisions involving rates for the basic service tier and associated equipment, except when such appeals raise novel or unusual issues; acting upon complaints involving cable programming service rates except for final action on complaints raising novel or unusual issues; evaluating basic rate regulation certification requests filed by cable system franchising authorities; periodically reviewing and, when appropriate, revising standard forms used in administering: the Commission's complaint process regarding cable programming service rates; the certification process for local franchising authorities wishing to regulate rates, and the substantive rate regulation standards prescribed by the Commission; (2) access to poles, ducts, conduits and rights-of-way and the rates, terms and conditions for pole attachments, when such attachments are not regulated by a state and not provided by railroads or governmentally or cooperatively owned utilities; complaints involving access to or rates, terms and conditions arising from pole attachments, except for final action on complaints raising novel or unusual issues; (3) open video systems; (4) preemption of restrictions on devices designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service, and direct broadcast satellite services; (5) the commercial availability of navigational devices; (6) the accessibility of video programming to persons with disabilities; (7) scrambling of sexually explicit adult video programming by multichannel video programming distributors. (b) Plans and develops proposed rulemakings and conducts studies and analyses (legal, engineering, social and economic) of various petitions for policy or rule changes submitted by industry or the public. (c) Conducts studies and compiles data relating to multichannel video programming services necessary for the Commission to develop and maintain an adequate regulatory program. (d) Advises and assists the public, other government agencies and industry groups. (e) Administers financial and other reporting systems. (f) Investigates complaints and answers general inquiries from the public. (g) Participates in hearings before the Administrative Law Judges and the Commission. (h) Processes applications for authorizations in the Cable Television Relay Service. (i) Processes and acts on all applications for authorization, petitions for special relief, petitions to deny, waiver requests, requests for certification, objections, complaints, and requests for declaratory rulings and stays regarding the areas listed above, that do not involve novel questions of fact, law or policy that cannot be resolved under existing precedents and guidelines; (j) Periodically reviews and, when appropriate, revises standard forms related to the areas listed above. (k) Exercises authority to issue non-hearing related subpoenas for the attendance of witnesses and the production of books, papers, correspondence, memoranda, schedule of charges, contracts, agreements, and any other records deemed relevant to the investigation of the Cable Services Bureau. Before issuing a subpoena, the Cable Services Bureau shall obtain the approval of the Office of General Counsel. (l) Carries out the functions of the Commission under the Communications Act of 1934, as amended, except as reserved to the Commission under  0.321. 4. Section 0.321 is amended to read as follows:  0.321 Authority Delegated The Chief, Cable Services Bureau is delegated authority to perform all functions of the Bureau, described in  0.101, subject to the following exceptions and limitations: (a) Designate for hearing any formal complaints that present novel questions of fact, law or policy that cannot be resolved under existing precedents for guidelines; (b) Impose, reduce, or cancel forfeitures pursuant to section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $20,000; (c) Act upon any applications for review of actions taken by the Chief, Cable Services Bureau pursuant to any delegated authority which comply with  1.115 of this chapter; (d) Issue notices of proposed rulemaking, notices of inquiry or to issue report and orders arising from either of the foregoing, except that the Chief, Cable Services Bureau shall have authority to issue notices of rulemaking and report and orders redesignating market areas in accordance with section 614(f) of the Communications Act of 1934, as amended; (e) Act on any applications in the Cable Television Relay Service that present novel questions of fact, law, or policy that cannot be resolved under existing precedents and guidelines.