Report No. DC 95-40 COMMON CARRIER ACTION July 19, 1995 COMMISSION AUTHORIZES PACIFIC BELL VIDEO DIALTONE SYSTEMS IN CALIFORNIA The Commission has granted the Section 214 applications of Pacific Bell to construct and operate common carrier video dialtone systems in California, upon finding that a grant of these applications, subject to certain conditions, will serve the public interest, convenience, and necessity. Pacific has proposed to construct an integrated hybrid fiber-coaxial system that will provide both telephone and video services over the same transmission path. These applications form part of Pacific Bell's overall plans to deploy an advanced broadband network that the company anticipates will reach more than 5 million homes by the end of the decade. The applications authorized today will pass approximately 1.3 million homes and businesses in Orange County, the southern San Francisco Bay area, the Los Angeles area, and the San Diego area in California. The Commission found that Pacific's proposals will produce new investment in an advanced telecommunications infrastructure, bring additional competition in the distribution of video services, and give consumers in those areas additional choices in video programming and interactive digital services. In the 1992 Video Dialtone Order, the Commission determined that, through video dialtone, local telephone companies could participate in the video marketplace consistent with the statutory telephone company-cable television cross-ownership restrictions. The Commission defined video dialtone as the provision by a local telephone company of a basic common carrier platform with sufficient capacity to serve multiple video programmers on a nondiscriminatory basis. The Commission found that Pacific Bell's proposed platform, consisting of 70 analog channels and between 150 and 300 digital channels, would offer sufficient capacity to serve multiple programmers. The Commission stated that, in order to ensure there is sufficient capacity, Pacific must report to the Chief of the Common Carrier Bureau within 30 days of an anticipated capacity shortfall and that Pacific may not permit any programmer -more- -2- to lease initially more than 50 percent of the non-shared analog channels. The Commission declined, at the present time, to approve Pacific's proposal for standard service channels (SSC), which will carry over-the-air signals, and a SSC program administrator or its proposal for public, educational and governmental (PEG) channels and a PEG administrator, due to the pendency of the Commission's rulemaking addressing those issues. Because the applications do not specifically propose that Pacific or an affiliate directly provide video programming to subscribers, the Order does not authorize Pacific or an affiliate to provide such programming. After carefully examining the cost and revenue data submitted by Pacific, the Commission concluded that the proffered economic justification for the construction was reasonable, and that the new facilities would serve the public convenience and necessity. The economic data submitted by Pacific showed that it would recover dedicated video dialtone costs and make a significant contribution to the common costs of the dual-use telephony-video dialtone systems. To protect telephone ratepayers, video programmers, and subscribers, the Commission imposed a number of conditions on Pacific's authorization. Among other things, the Commission required that Pacific: create two sets of subsidiary accounting records to capture dedicated video dialtone costs and common costs; file summaries of these records with the Commission; and file all revisions to its Cost Allocation Manuals (CAM) within 30 days after release of this Order and at least sixty days before providing non-regulated products or services related to video dialtone. Action by the Commission July 18, 1995, by Order and Authorization (FCC 95-302). Chairman Hundt, Commissioners Quello, Ness, and Chong, with Commissioner Barrett concurring in the result and issuing a separate statement. -FCC- News media contact: Susan Lewis Sallet at (202) 418-1500. Common Carrier Bureau contact: Donald Stockdale at (202) 418- 1589.