PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 96-354 Report No. CS 96-17 CABLE SERVICES ACTION March 13, 1996 COMMISSION WILL NOT ENFORCE OR IMPLEMENT SECTION 50 5 OF THE TELECOMMUNICATIONS ACT OF 1996 AS RESULT OF COURT ORDER On February 8, 1996, the Telecommunications Act of 1996 ("1996 Act") was enacted. Section 505 of the 1996 Act amends the Communications Act by adding a new Section 641, entitled "Scrambling of Sexually Explicit Adult Video Service Programming." Section 641(a) requires that each multichannel video programming distributor ("MVPD") fully scramble or fully block sexually explicit adult programming or other indecent programming on any channel of its service primarily dedicated to sexually-oriented programming so that a nonsubscriber does not receive such programming. Section 641(b) provides that, until the MVPD fully scrambles such programming, it may not provide such programming during the hours of the day when a significant number of children are likely to view such programming. Section 641(b) further requires that the Commission determine those hours. On March 5, 1996, the Commission adopted an Order and Notice of Proposed Rulemaking implementing Section 505 (FCC 96-84). On March 7, 1996, the United States District Court for the District of Delaware issued a temporary restraining order enjoining the United States Government, including the Commission, from "enforcing or implementing Section 505 of the Telecommunications Act of 1996 in any manner." The court's order remains in force until a panel of three judges of the district court conducts a hearing and makes a determination on a pending motion for preliminary injunction. The Commission will not enforce or implement Section 505 while the temporary restraining order is in effect. This order, however, does not preclude the Commission from pursuing its collection of comments on its proposed rules. Therefore, there is no change in the comment due dates as established in the Notice of Proposed Rulemaking. As noted there, comments are due on April 26, 1996, and reply comments are due on May 24, 1996. For further information, contact Meryl S. Icove, Cable Services Bureau, at (202) 416-0800.