Federal Register: RULES Television broadcasting: [47 CFR Part 76]

FEDERAL COMMUNICATIONS COMMISSION

Federal Communications Commission

CFR Citation: 47 CFR Part 76

Docket ID: [CS Docket No. 96-85, FCC 02-117]

NOTICE: RULES

ACTION: Television broadcasting:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996

DOCUMENT SUMMARY: In this document, the Commission addresses petitions for reconsideration or clarification regarding certain decisions in this proceeding. It affirms its earlier decisions and denies the petitions. This action by the Commission implements the cable reform provisions of the Telecommunications Act of 1996.

SUMMARY: Telecommunications Act of 1996; implementation—; Cable Act reform provisions; reconsideration petitions denied,

SUPPLEMENTAL INFORMATION

This is a summary of the Commission's Order on Reconsideration, FCC 02117, adopted on April 16, 2002 and released on April 22, 2002. The full text of this Order on Reconsideration is available for inspection and copying during normal business hours in the FCC Reference Center, Room CYA257, 445 12th Street, SW., Washington, DC 20554 or may be downloaded at www.fcc.gov. The Order may be purchased from the Commission's copy contractor, Qualex International, 445 12th Street, SW., Room CYB402, Washington, DC, 20554, telephone 2028632893, facsimile 2028632898, or via email qualexint@aol.com.

In the Report and Order (``R&O''), 64 FR 35948, July 2, 1999, in this proceeding, the Commission adopted rules to implement the cable reform provisions of the Telecommunications Act of 1996. This Order on Reconsideration addresses and subsequently denies petitions for reconsideration or clarification regarding certain of our decisions in the R&O. The major decisions in the Order on Reconsideration are as follows:

The Commission reiterates that a Local Franchising Authority (``LFA'') may establish and enforce requirements for facilities and equipment pursuant to the franchising and renewal provisions of the statute consistent with the statutory directive that forbids an LFA from directing the use of particular transmission technologies.

The Commission reaffirms that bulk discounts should not be premised on a cable operator's exclusive access to all residents.

The Commission reaffirms its prior decision that truly passive investments should be excluded when determining whether an entity is affiliated with a cable operator for purposes of the small cable operator rate rules

The Commission reiterates that when determining if there is effective competition by a local exchange carrier, the Commission will make a factspecific finding in each case.

Ordering Clause

It is ordered that, pursuant to section 405 of the Communications Act of 1934, as amended, 47 U.S.C. 405, and section 1.106 of the Commission's rules, 47 CFR 1.106, the petitions for reconsideration or clarification are denied.
List of Subjects in 47 CFR Part 76

Cable television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 0215082 Filed 61302; 8:45 am] BILLING CODE 641201P

FOR FURTHER INFORMATION CONTACT Thomas L. Horan, Media Bureau, 202- 4187200.