DOCUMENT RESUME ED 094 748 IR 000 947 Cable TV in Columbus

DOCUMENT RESUME

ED 094 748 IR 000 947 TITLE Cable TV in Columbus. What's Happening/What Can Happen. INSTITUTION Academy for Contemporary Problems, Columbus, Ohio. Design Center for Community Communications. PUB DATE 74 NOTE 115p. AVAILABLE FROM Communications Design Center, Academy for Contemporary Problems, 1501 Neil Avenue, Columbus, 0112-0 43201 (Single copies free, additional $1.00 while supply lasts)

EDRS PRICE MF-$0.75 HC-$5.40 PLUS POSTAGE DESCRIPTORS Annotated Bibliographies; *Cable Television; Citizen Participation; *City Wide Programs; *Community Action; Community Colleges; Community Involvement; Laws; *Public Policy; Social Action; *State of the Art Reviews IDENTIFIERS Columbus; Federal Communications Commission; Ohio ABSTRACT This report is divided into two parts. It is an effort by individuals in Columbus, Ohio to inform and aid citizens interested in knowing more about cable television and how to use it. The first half offers factual information, the experience of other communities using cable, the laws governing cable and comments on issues facing the community. The second half consist of appendixes to educate the reader. The appendixes include:(1). an annotated bibliography;(2) the Columbus Cable Ordinance;(3) the Federal Communication Commission (FCC) Cable Television Rules, 1972; FCC Clarification--1974; and (5) the community coll6ges' use of cable. (WCM) WHAT'S HAPPENING /WHAT CAN HAPPEN

THE DESIGINI CEN rER FOR COMMUNITY COMMUNICATIONS COLUMBUS, OHIO/JULY, 1974 CONTENTS AM 0011 A V AOLhc.: L. I- .

Page

Introduction 1

What Is Cable Television? 3

History and Status of Cable Television in Columbus 4

Columbus Cable Ordinance 11

Access Channels 14

Who's Interested in Using Cable T.V. in Columbus? 26

Some Issues 30

Appendix

Appendix A Bibliography

Appendix B Columbus Cable Ordinance

Appendix C Federal Communications Commission Cable Television Rules 1972

Appendix D F C CClarification - 1974

Appendix E Community Colleges' Use of Cable

Appendix F Cable TV: Stay Tuned

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TO ERIC AND ORGANIZATIONS OPERATING UNDER AGREEMENTS WITH THE NATIONALIN. STITUTE OF EDUCATIONFURTHER REPRO- DUCTION OUTSIDE THE ERIC SYSTEMRE- QUIRES PERMISSION OF THE COPYRIGHT OWNER INTRODUCTION

Five years have passed since Columbus licensed its first cable television company. Since Columbus cable franchises run for ten years, the City is now at midstream in its experience with this relatively new medium of communications. It is important to examine the experience of the last five years in order to guide the continuing development of cable Intelligently. This brief report to the people of Columbus is an attempt to look back -- and to look forward. We undertook this examination on the premise that the community has a very large stake in the way cable television grows, and that if cable is to provide maximum benefit to the public, the public will first have to understand it. The report offers factual information, experience of other communities in using cable, the laws governing cable and comments on issues facing the community. By no means do we regard this document as the "last word" on cable. It is an effort -- and other organizations and individuals in Columbus, as well as City officials, have been engaged in related efforts to inform and aid citizens interested in knowing more about cable and how to use it. In some cities, heavy demands have been made on the cable systems to provide free services. Sometimes these demands have been met. In some cases, the cable companies worked so closely with communities that facilities and other resources were provided for community purposes without such demands. Our own feeling is that if too much is required of the cable operators as they attempt to build their systems and get subscribers, cable will be handicapped to fulfill its potential value to the community. This does not mean, however, that the community should forego deliberate planning and action to assure that fulfillment. Some persons have regarded cable television as a cure-all for the ills of society because of its special characteristics. Cable is not a panacea. Used wisely and imaginatively, cable can be a system for improving life in a community. While cable television nationally is running behind projections for new subscribers and the industry recently has had financial uncertainties, more positive notes now are being heard among investors. By 1985, according to a recent Stanford Research Institute study, the number of cable subscribers - 2 - will more than triple the presert 8 million users, becoming a $3 billion- a-year business. Cable is here and it will continue to grow. How it is to grow is the question. What is present in Columbus is the opportunity for the public, government and the industry to wisely guide cable's development. The opportunity should not be lost. Among those who have assisted me in preparing this report are Ms. P.cnita Hawes; Ms. Deborah Neal; David Barney; Herbert Cook, and Ms. Betty Snively. Professor Joseph Foley, Professor Grant Hilliker, and Mrs. Patti Johnson read the manuscript and provided helpful comments. Columbus Utilities Director Robert W. Newlon was generous in assisting our work. Any errors or shortcomings in this report, of course, are mine.

Howard Bray The Design Center for Community Communications

THE DESIGN CENTER FOR COMMUNITY COMMUNICATIONS Ib A NON-PROFIT ACTIVITY OF THE ACADEMY FOR CONTEMPORARY PROBLEMS, 1501 NEIL AVENUE, COLUMBUS, OHIO 43201. 614-421-7700. 3

WHAT IS CABLE TELEVISION?

"Cable derives its special advantages and characteristics as a communications medium from its technology, which is quite complex. At bottom, however, cable television rests on a few relatively simple operltional principles. "A system begins with an antenna, specially engineered for sensitivity and positioned for optimum reception, usually on high ground. The cable antenna picks up broadcast TV signals from the air, in the same way as a home receiver's 'rabbit ears' only much more efficiently. With the help of microwave relays, the cable antenna can tune in on TV broadcasts coming from very distant points, hundreds of miles away. "These received signals, after suitable amplification at the cable station, are then transmitted to the home sets of subscribers by means of a special kind of wire known as coaxial cable. The cable operator can also generate his own signals - by focusing TV cameras on live events or performances, or by replaying previously videotaped material - and send them to subscribers by the same system. "Both of cable's major benefits - clear reception and augmented channel capacity flow from this combination of favorably placed antenna and transmission via coaxial cable. In conventional, broadcast TV, signals are sent, or "radiated", through the air, where they are subject to various disturbing influences, giving rise to the annoying isnt.,,,71, wavy lines and other picture dis- tortions familiar to viewers. "In addition, it's in the nature of radiated TV that only a limited number of signals can be clearly sent or received in any one area, which is why broadcast television can accommodate just three networks and a small number of independent and educational stations. "It is just these limitations from which cable is free. Inter- ference is reduced t, a minimum by the antenna placement and transmission through wires, instead of the air. So pictures are sharp, steady and clear."

Alan M. Kriegsman, The Washington Post 4

HISTORY and STATUS of CABLE TELEVISION in COLUMBUS

On July 14, 1969, the City of Columbus granted a franchise to Canterbury Cablevision Corporation, the first cable television system to be licensed in the City. (Cable television had come to Ohio almost 20 years earlier when a system was established at Glenmont in Holmes County in 1950). The franchise was awarded under the provisions of City Ordinance 472-69 governing cable television operations in Columbus. The ordinance states the City's belief that the concept of the "wired city" is "valid and ... it will not only become a reality in the foreseeable future but will require a combination of cable and off-the-air transmission for the ultimate in services...."The record indicates that the City Council gave little discussion to the implications of the policy it was establishing. With the exception of one amendment to regulate the franchise payment by cable companies, the ordinance has not been changed. The Office of the Director of Public Utilities oversees the City's cable television franchises. Columbus is the only city in the nation that has three cable television systems operating; and it may have a fourth!Robert W. Newlon, the present Director of Utilities, has stated his belief that in awarding several cable licenses, the City Council felt that the competition so generated might regulate the cost of the service and promote rapid coverage of the City by cable systems. The cable systems have developed slowly and much of the City still is unwired.

*(The City awarded a franchise to Cable Services, Inc., a subsidiary of Goodson-Toddman Cablevision Company, on August 20, 1970. However, no work on the system had taken place by the latter part of 1972, and the City revoked the franchise with the consent of the company. A franchise was awarded to Advanced Cable Company on February 11, 1974.) 5 -

Warner The Warner Cable Corporation of Columbus evolved from Canterbury Cablevision Corporation, Columbus' first cable system. Early in 1971, Canterbury was purchased by Cypress Cablevision Corporation of Columbus. Cypress, because of financial difficulties, merged in the fall of 1972 with Warner Cable Corporation. The franchise now belongs to Warner Cable Corporation of Columbus. Warner Columbus is a subsidiary of the Warner Cable Corporation, the nation's second largest cable corporation, which in turn is a subsidiary of the Warner Communications Corporation of New York City. The Warner Communications Corporation is the parent company; its numerous subsidiaries include Warner Brothers, Inc. Warner Cable Corporation has approximately 100 systems operating in 130 communities with 450,000 subscribers. Warner reports that it began its first extensive service to subscribers November 1, 1973. With some 8,000 subscribers and 400 miles of cable, Warner operates west of 1-71 in Columbus. The City of Upper Arlington gave Warner a permit in 1970. The Warner system in the Columbus area reaches down to Grandview, into the Clintonville area east of Olentangy River Road and down to Cooke Road to Arcadia. Warner's present cable passes 26,000 homes. By the end of 1975 the company hopes to have a wiring density passing 97,000 homes, which is anticipated to serve approximately 24,000 subscribers. Its plans are to serve the remaining unwired areas west of 1-71, including Grandview. Warner Columbus has utilized a mobile unit for both remote and studio programming. Although no specific plans have been established for origination of local programming, Warner has cablecast a few local programs, including an Upper Arlington City Council meeting and the January 25, 1974 public hearing on cable television held by Columbus Utilities Director Robert W. Newlon -- an example of how future meetings of the City Council, the school board, and other public bodies could be videotaped for home viewing or carried live. Warner Cable of Columbus has its main office at 4284 North High Street. Studio and office facilities are now under construction. Warner also has an office and a potential studio at 2000 Henderson Road which serves the Upper Arlington area. Warner considers the Upper Arlington system to be a part of their Columbus operation. A potential studio and an antenna also are located at Morse and Stelzer Roads. Warner originally had planned its facilities to adequately cable the entire Columbus area. However, the - 6 - granting of a number of other franchises by the City resulted in the company changing its plans. Al Williams is the general manager of Warner Columbus and Nyhl Henson is program director. Telephone: 614 - 261-0001.

Coaxial Coaxial Communications, Inc. of Columbus is the City's largest cable system. Coaxial Columbus, franchised since May 12, 1970, was the first company to actually provide cable programming in the City. Coaxial is a subsidiary of Coaxial Communications, Inc. of Sarasota, Florida. The parent organization has 21 small systems located in Georgia, Alabama, Florida, and Ohio. Columbus is its largest system and the company considers the City to be the center of its operations. At the time Coaxial began operating in early 1971, cable companies were not allowed by the Federal Communications Commission to import signals from distant television stations. Coaxial had little to offer subscribers other than the four Columbus television channels already generally available to area audiences and whatever programs that it could originate. This included local hockey, football, and basketball games, along with community events suca as parades. Coaxial ended this kind of programming because it believed there was insufficient subscriber interest. By the end of 1971 the company had 175 miles of cable capable of serving 30,000 houses. After the F.C.C., in 1972, modified its regulations to permit cable operators to imp,:rt distant television signals, Coaxial became one of the first systems in the United States to receive such signals. In October that year, Coaxial began marketing its expanded services. As of mid-July, 1974, Coaxial reported having 14,000 subscribers north- east of 1-71. By year's end, it expects that number to rise to 20,000. It is doubling its capability to serve a potential of 60,000 subscribers. This coverage includes Whitehall, which franchised Coaxial January 5, 1971. Coaxial is building a cable system in Whitehall projected for completion in

1975. The company is waiting for F.C.C. certification to operate there. - 7

Coaxial plans to expand its operations to cover areas east of 1-71 and north of Livingston Avenue. The only sections of this area that will not be immediately wired are those in which the cable must be installed underground rather than on utility poles. Coaxial also hopes to denetrate the cities of Gahanna, Reynoldsburg and Westerville. Coaxial is franchised by Grove City and Upper Arlington. The latter franchise has not been developed because Warner is operating in Upper Arlington. Coaxial has a service, albeit experimental, unique in cable systems in Columbus. The company, since June 1973, has leased channels to Tele- cinema, an organization which offers movies to subscribers on a pay basis. Telecinema supplies devices called converters to Coaxial subscribers that signal the choice of movie and the price to the Telecinama studios, which then cablecasts the movie to the customer. Movie prices range from $1.50 to $2. Monthly bills for the service usually are $4 to $6. Thbre are presently 1,000 homes involved in the experiment in Columto..s, and Coaxial says that it is pleased wi,h the results thus far. This satisfaction is indicated by the company's expectation that it will be able to offer movies for-pay to all of its customers sometime during the first six months of 1975. The movies that are shown on pay-TV cannot, by F.C.C. rules, be more than two years old. Approximately 15 other cities are participatirg in similar experiments. However, Columbus is one of the few cities experimenting with a two-way system. Coaxial also is the first cable television company in Columbus actually to use the capability for two-way signals that the F.C.C. requires be provided in cable television plants established since 1972. Because Coaxial was in operation prior to the Federal Communications Commission's 1972 ruling on public access, local governmental and educational channels, the company is not required to provide these services until 1977. However, Coaxial management has indicated that, if there is a demand for the use of these channels, they will be made available. The Coaxial studio at 3770 East Livingston Avenue is available for local program production if interest is generated within the community. Although the Coaxial remote mobile studio is available, no local programming is done currently. - 8-

In addition to its offices at 3770 East Livingston, Coaxial has facilities at Beulah Road adjacent to 1-71 and another site on Cleveland Avenue.

Tom Sonsini is general manager of Coaxial in Columbus. Telephone: 614 236-8698.

All-American All-American Cablevision Company is a subsidiary of the American Television and Communications Corporation of Denver, Colorado. The American Television and Communications Corporation (ATC) is the nation's fifth largest multiple-owned system, serving more than 310,000 subscribers in 124 communities in 30 states. All-American received its franchise from the City of Columbus on March 8, 1971, and from Franklin County in March, 1974. The company received its certification to operate from the F.C.C. on August 18, 1972. Early the company had aspirations of servicing the entire city. But the development of other cable systems substantially reduced All-American's hopes. All-American currently services the southeastern area of Columbus, including German Village. It plans expansion south of Livingston Avenue and east of 1-71. As of mid-July, 1974, All-American had approximately 8,500 subscribers. During early spring, the company reported making about 500 to 600 installations a week, a higher rate of hookups than itb local manager publicly projected in late January. By July, 1974, All-American estimates having 11,000 subscribers. The company says definite plans for future programming and service to the community will be made after this goal is achieved. Most of such planning, however, is done at the corporate level by officials of the parent company in Denver. Although the company has no local origination programming at present, it does plan to do local programming in the near future.While All-American reports that it has a channel available for public access, no use has been made of it. No effort has been made to interest community members who might take advantage of this channel. The company asserts that, by selling its service to as many homes as possible, it hopes to build an audience for future public access programming. 9

Channels also have been reserved for educatjonal use and for the City government, according to All-American. To date, no governmental or educational agency has made any official use of thet. channels. All-American has not made any formal contact with the City'; schools or public agencies because the company executives define their major responsibility to be of service to the residential community. The company's offices are at 105 Sycamore Street. The receiving antenna L. 1,,cated at 1980 Alumcreek Drive. Larry Janes is general manager of All-American Cablevision. Tom Crowley is the company's marketing executive. Telephone: 614 - 443-4671.

Advanced Cable The Advanced Cable Company is an independent cable system that was incorporated on October 12, 1973. As the only minority-owned cable company in Columbus, Advanced organized with the aspiration of serving Columbus' Model Cities area. Advanced received a franchise from the City of Columbus on February 11, 1974, and is waiting for its Certificate of Compliance from the Federal Communications Commission. The company expects F.C.C. certification by the latter part of the summer or fall of 1974 to permit it to undertake operations. Advanced plans to begin construction in 1974, after it has surveyed the Model Cities area and obtains pole rights. Jackson Communication Corporation, of Clayton, Ohio, will build the system. Curtis Strozier is president-treasurer of Advanced; Robert Kapp, first vice-president for engineering; Joseph Cumberlander, vice president, and William T. Johnson, secretary.

What can a cable subscriber now see?All cable systems carry the three local television network affiliates, W.L.W.C., W.T.V.N., W.B.N.S., and the public television station W.O.S.U. They also "import" three independent television stations, W.U.A.B. and W.K.B.F. from Cleveland, and W.X.I.X. from - 10 -

Cincinnati. These three imported signals do not duplicate network programming. The three imported signals are tlle maximum allowed by the Federal Communications Commis '^n. All cable systems in Columbus also offer channels that carry a 24-hour time and weather service, stock ticker, and a bulletin board listing upcoming community events and cable programs. (The newspapers do not carry cable program schedules.) Taped FM music supplies the background for these automated channels. What does the service cost? The City ordinance sets $15 as the maximum charge for connecting the first television set to the cable system and a maximum of $2.50 for each additional set.The maximum charge for the basic cable service is $5 a month for the first set and $1.50 for each additional set. All operating cable systems in Columbus charge these maximum rates. The companies must have the approval of the City Council before making any changes in their rates. THE COLUMBUS CABLE ORDINANCE

The City's authority and basic policy regarding cable television is set forth in the City Code, Article XIII, Chapter 595. A copy of the ordinance is Appendix B of this report. In brief, the key provisions of the ordinance are:

Franchises are awarded by the City Council and can be revoked for cause by a simple majority vote of the` Council. The Columbus franchise period is ten years. Upper Arlington also awards 10-year licences; Whitehall franchises for 12 years, and Grove City, 15 years. Franchises are renewable at the City Council's option for succeeding periods of Len years each. (The cable company must have approval of the Federal Communi- cations Commission before it can start operating.) Timetables for planning and construction are stated to assure progress in development of the cable system.

Franchises are non-exclusive, allowing for other permits to be awarded for the same area. A franchise-holder "insofar as is technically and economically practical shall" serve all of the city. In reality, the city has been divided by written order of the Director of Utilities, with each cable company gaining an effective exclusive permit for the areas it serves.

Companies pay the City a minimum annual fee of $5,000, credited to an annual tax of six percent of gross receipts.

Service is required to produce undistorted pictures and good sound. Moreover, the operator "will strive, insofar as is practical, for the betterment of his system, taking advantage of all reasonable improvements as they become available to him". As cable technology advances, this provision could be of significance to subscribers.

Maximum installation charge is $15 for the first television set and a maximum of $2.50 for each additional set. The maximum monthly charge for basic service is $5 for the first television set, $1.50 for each additional set. In some instances, companies have offered free installation to persons who would subscribe to cable service. The chart below compares the Columbus rates with those provided by ordinances in three other Franklin County cities: -12 -

Upper Columbus Arlington Whitehall Grove City

Installation $ 15.00 15.00 10.00 10.00 Each Additional Set 2.50 7.50 7.50 5.00

Basic Monthly Service 5.00 5.00 5.00 5,.00 Each Additional Set 1.50 1.50 1.50 1.50

Two provisions anticipate the possibility of changes in rates. The first provides that if a use tax is imposed on cable charges, the tax can be passed on to subscribers. The second allows the company to apply to the Council for higher rates if service is expanded beyond the present 12 television channels.

Pay television (programming for which an extra fee is charged) is permitted as is the sale of advertising on programs the company originates locally.

The companies are required to provide free installation and basic service to all public and parochial schools, colleges and universities, and city recreation centers on their written request, if they are located close (interpreted by Director of Utilities Newlon as within two blocks) to the systems' lines. Operators also must provide free, to at least three City offices, equipment to enable the city to monitor cable services. The City Safety Director, in an emergency, is to be provided free use of the cable facilities.

While the ordinances of Columbus, Upper Arlington, Grove City and Whitehall are generally the same, there are differences worth noting in terms of services to public egencies. The Whitehall law provides that the company shall provide free one separate channel to that City government for public interest programming and, also free, another channel for use by the elementary and secondary schools. The operator there also is required to interconnect those schools, thus making possible two-way communication between the schools and a central programming facility. Whitehall may appoint a Television Coordinator or a committee to act as the City's liaison with the operator on use of those channels. Whitehall also requires that they provide free hookups and regular service to each library, hospital, and police and fire stations. One channel in Upper Arlington and Grove City - 13 - also is reserved for exclusive use by the City government. The Whitehall and Grove City ordinances reserve six megacycles of the cable systems' bandwidth for those City governments' two-way voice and data transmissions.

Columbus prohibits the cable operator from allowing the system's facilities to be used for "political or other partisan purposes unless, as a matter of publicly stated policy, he had adopted guidelines calling for strict adherence to 'the F.C.C.'s regulations for political broadcasts including the 'Fairness Doctrine.'" Under this doctrine, cablecasters must provide an opportunity for opposing views on controversial issues to be aired. Federal law requires cablecasters to provide "equal time" to all opposing political candidates if they permit one candidate to air his views. It should be noted here that the Federal laws and rules governing the treatment of political issues by broadcasters and cablecasters are designed to guarantee balanced presentations.

In stating its intent toward cable television, the City Council recognized the companies' need for profitable and worthwhile investments lest additional capital for expansion of the services be unavailable. While providing the City Council the option for a "thorough annual review" of the fairness of cable rates and the fees paid to the City by the operators, the overwhelming consideration in any review is to be the "propriety of charges for service versus the service itself..." rather than the operators' profit and loss record alone. - 14 -

ACCESS CHANNELS

"We believe that cable developme t has the potential of creating an electronic medium ocommunications more diverse, more pluralistic, and more open, more like the print and film media than our present broadcast system. It could provide minority groups, ethnic groups, the aged, the young, or people living in the same neighborhood an opportunity to express, and to see expressed, their own views. Yet it would also enable all of these groups to be exposed to the views of others, free of the homogenity which characterizes contemporary television programming.

"Cable offers countless Americans a chance to speak for themselves and among themselves in their own way, and a chance to share with one another their experiences, their opinions, their frustrations, and their hopes. Rather than increase the alienation of individual from individual and group from group, cable could combine the shared experience of national television with a type of active participation in the political and social process that was common in the days before urbanization eroded the opportunity for personal involvement in events that affected the community."

In those words, the PrerLdent's CF' ' Committee on Cable Televisiorl early in 1974 described the most social_y suable feature of cable -- the feature that with wise and responsiblk public policy can distinguish cable from broadcasting. In some American communities, the "potential" foreseen by the Cabinet Committee is already being attained. This section reports on access -- the ability or right of the public to use channels to originate programming. Requirements for access channels were announced by the Federal Communications Commission in 1972. These requirements do not apply to the three operating cable systems in Columbus because of a "grandfather clause" in the Federal regulations; however, all systems must provide access channels by March 31, 1977. The cable operators in Columbus have indicated willingness, in varying degrees, to provide access. F.C.C. rules require:

Public access service: One free channel for the use of the general public on a non-discriminatory, first-come, first-served basis.

Educational access service: One channel, free for at least five years, reserved for use by local educational authorities.

Government access service: One channel, free for at least five years, reserved for government uses. - 15 -

The rules also require that at least one local origination channel, under the control of the cable operator, be devoted to local, non-automated programming. (An example of an automated program is one carrying a news and stock ticker and 24-hour weather report.) This requirement is mentioned because in some communities, operators have combined public access and local origination channels while waiting to see how extensively the access channel is used. The F.C.C. regards its rules on the access channels as experimental, allowing five years in which to assess the demand for the services and the practices in meeting that demand. The experiment is now at the half-way mark. A number of significant efforts have occurred in the use of access that may offer valuable insight to those in Columbus interested in using the access channels. One of tie most systematic efforts to build community interest in access, train non-professional users and chronicle and evaluate the experience has been undertaken by the Alternate Media Center of New York University. The Center program over the past two-and-a-half years has covered Reading, Pa. and Orlando, Fla. (both with the help of American Television and Com- munications Corporation, parent company of All-American in Columbus); Bakersfield, Cal. and Dekalb, Ill. (both with companies since absorbed by Warner Communications, one of the operators in Columbus); and in three areas of Man'iattan. Ms. Red Burns, executive director of the Alternate Media Center, summarized what occurred:

"In no case have any of the concerns expressed early on about abuse of equipment or abuse of the privilege of access been borne out in the experience ... On the contrary, every community represented here, given the means to design and control a community channel, has responded with amazing energy, commitment and responsibility. Self-censorship of material has come to be the way of dealing with questions of legal liability, obscenity, and community standards of taste.

"The making of videotapes is only a part of what public access has become ... Given the cooperation of the local cable system, community groups and individuals have begun to design new communications systems, using whatever devices come to hand -- the telephone, the studio, tapes, slides, live remote whatever met the communications needs of the project. We have urged people not to concentrate on turning people on to video or cable, but to think in terms of what cable can mean to the community they live in... "[emphasis added] - 16 -

In the following excerpt from The Access Workbook, published by the Alternate Media Center, Red Burns responds to the question: "How can I get public access started in my community?"She emphasizes the need for good-faith cooperation between the community and the cable operator. And she strongly urges that persons and organizations who want to use access understand what is involved -- "do your homework", advises Burns. - 17 -

CABLE SYSTEM COOPERATION

How can I get public access started in my community? There is no magic formula.

Cable started as a profit-making venture, to make existing over-the-air TV pictures clearer and to import distant signals. It wasn't long before the capacity to originate programming as well as to transmit it was recognized.

Communities of people saw an opportunity to create a local, inexpensive channel to reach small, discrete audiences--but the cable industry never per- ceived their systems as social utilities. The lines were sharply drawn. The industry, operating from a legitimate profit-base, wanted to get cable systems operating, and in the rush to acquire franchises, joined the visionaries with "blue sky" promises. Communities of people were then taken aback when their demands were not eagerly met by the operators. The response from the cable industry was "give us time to get some of our capital outlay back and then we can talk about access." The communities were concerned about having their options closed out. Since no one clearly envisioned what access would be, th(.i discussions have been approached by the different interests from different perspectives.

In March 1972, the eagerly awaited FCC Cable Report and Order was issued. In the area of public access, the FCC mandated a public access channel in the top 100 markets and five minutes of free time. The FCC also ruled that the period between March 1972 and March 1977 would be experimental. Nobody was happy. Communities wanted regulations to provide more than allocation of a channel--they wanted a formula that would provide financial support for equipment and training and publicity. The cable industry on the other hand, wanted restricutve rules lifted, so that it might grow and find its place in the growing communication, industry in this country. The FCC policy reflected a "wait and see" attitude. We are now in the middle of that five-year period.

CABLE SYSTEM COOPERATION 1

ALTERNATE MEDIA CENTER WORKBOOK - 18 -

So, we have the FCC suggesting that it is too early to lock-in regulations; we have communities of people wanting to use the cable; we have a fledgling cable industry hamstrung by restrictions, dependant on high start-up capital costs, with the promise of profits delayed into the future. The stakes are high. Frustrations build as solutions are sought to ensure that the public has.its day along with the industry.

The Alternate Media Center at New York University School of the Arts came into the cable television field under a grant from the John and Mary R. Markle Foundation. As part of a school vitally interested in new communications technology, we were aware of the chasm between the rhetoric of access and the reality of it, and felt that a useful function could be served by trying to fill that lack.

From the beginning, we saw public access as possible only if the cable system and the community both benefited. After all, the life blood of a cable system is its community. Without their support, the cable cannot flourish. Similarly, the life blood of a community is its communications system. As electronic communication develops, we recognize that cable television will play an in- creasingly vital role in community communications systems.

In order to establish whether or not access was viable, we first had to find out what access was. We elected to put our energies into public access projects which would engage both communities and the cable industry as partners. These projects were experimental structures for which no blueprints had ever been designed.

American Television and Communications Corporation offered us our first opportunity in Reading, Penn- sylvania. Public access was introduced in their Berks-Suburban Cable System in January 1972. As of January 1974, Earl Haydt, the Manager of that system, joined the already existing local origination facilities with the public access facility under the banner of "Community Access." The Reading community, already active in public access, had demonstrated that they could take responsibility for a community channel and were eager to pursue the idea. The development in Reading was a fortunate coales- cence of corporate support, community initiative, and enlightened local management. What happened

CABLE SYSTEM COOPERATION 2 ALTERNATE MEDIA CENTER WORKBOOK - 19 -

in Reading and in other access centers is described in a companion piece to this volume, The Public Access Ex- perience. This experimentation is being undertaken by real people in real places with real cable systems.

How can a community and a cable system go about establishing a cooperative relationship? It is not an easy task, but it can be made easier by understanding what is involved, and this is easier said than done. Often both sides have insufficient information and find themselves negotiating in the dark. The cable operator is understandably fearful of opening up a public facility because he has no idea what it will be and what will go on there. He could be opening a Pandora's box. Since he is not required to provide more than minimums, the community must be prepared to show the cable system why it is in his interest to support an access facility.

A community is a diverse group of people who have little in common besides living in the same area and their unfamiliarity with cable television. They are, in effect, being asked to subscribe to a cable that is a pig in a poke, and by the same token, the cable operator is making a major investment in wiring an area that is largely unknown. Marketing analysts have provided him with information based on commercial interests. Since the questions asked in marketing surveys about access are before the fact or not asked at all response indicates that public access is not a serious interest. The cable operator needs to know if public access will attract more subscribers to the cable. Also, will it help him get a better understanding of the community? If the cable operator has a better understanding of the community, he can market more effectively.

In Orlando, Joe Collins, Manager of Orange Cablevision, was justifiably skeptical about public access until he saw evidence that access meant community involvement: a mutually helpful relationship, rather than the one-way street of public service. He was pleased to have the opportunity to reach new segments of the community through a cooperative working arrangement. Further, the access center is serving as a meeting ground where cable management gets to know the community. Joe Collins is a marketing professional who understands that the success of his system depends on the community. The more the community appreciates and understands the cable, the more effective and

CABLE SYSTEM COOPERATION 3 ALTERNATE MEDIA CENTER WORKBOOK - 20 -

successful his system will be. The outcome of the community/cable dialogue depends on how that dialogue is carried out as much as on what is said. The most encouraging atmosphere comes about when a cooperative exploration to enhance the cable is the basis of discussion, so that it better serves the interests of both the community and the cable operator.

If you live in a community and want to get access started--do your homework. If there is cable, what does the existing franchise provide? How many homes are passed? What is the potential in the market? Who are you? Do you represent yourself or groups of community interest? Have you encouraged discussion within the community to define community goals? Is the group open-ended and welcoming to most people in the community? Before you present yourself to the local cable operator, be informed about the system as well as the community. Where cable has not yet been franchised, open local discussions., including as broad a cross-section as possible, with the cooperation of the city council who will ultimately be responsible for the granting of a franchise.

At the outset, nobody owes anybody anything. Try- ing to start a dialogue from an adversary relationship will only waste energy and creativity that could have gone towards developing a truly local communications system. Obviously, there are some cities and towns where the cable operator may have been unresponsive. If he has held this position in the face of broad-based community support, you may appeal to the city for possible amendments to the franchise, or if you are dealing with a local system or a multi-systems operator, you can appeal to the head office.

As communities insist that the operator must understand their needs, so must the community understand the needs of the local cable operator. Only twelve per cent of the country is cabled. For those communities without cable, there is much to be learned from the experience of others. For those communities where cable is grandfathered under the 1972 rules, discussion to create public access can be considered when the rate increases are requested. In communities where there is an access channel and an adherence to the five-minute FCC rules, viable strat- egies to benefit the community and cable must be

CABLE SYSTEM COOPERATION 4 ALTERNATE MEDIA CENTER WORKBOOK -21-

developed.

There is obviously no one way to go about creating a healthy and growing community access center. Our own experiences have demonstrated that there is a large gap between the rhetoric and the actuality. We do know that it works--when access is conceived as a partnership of interests in the beginning. The growth of a community information system can be achieved if there is both broad-based community support and cable system support. The goals should be spelled out and the understanding clear at the outset. - Red Burns

CABLE SYSTEM COOPERATION 5

OALTERNATE MEDIACENTER WORKBOOK -22-

Costs

The F.C.C. rules provide that the operator "shall maintain and have available for public use at least the minimal equipment and facilities necessary for the production of programming" for the access channel. Up to five minutes of free production time are to be provided to a user; the operator can charge for production costs beyond that. This provision does not limit anyone from free use of the access channel to cablecast his or her own films and videotapes. A study on the public access experience in New York City* reported that costs to public access users range from nothing to over $1,600 for a half-hour. With borrowed equipment, a person can produce a program for just the cost of the videotape -- now about $30 for an hour's supply. Rental of simple portable equipment runs about $75 per day, $225 per week and $450 per month. The cost of tape and equipment rental would bring the cost of producing two hours of programming to about $130. The New York study says that a group organized to produce for public access, including salaries and overheaa, "will spend anywhere from $200 to $1,000 per hour depending on the complexity of the production and the overhead." It can be seen that costs of access production run all over the lot, from zero up. The cable operator may be willing to pay the cost of producing programs on the system's local origination channel that are the equivalent of many access productions as far as community interest. A discussion of local issues airing divergent points of view, a videotape of a civic group meeting or neighborhood art show are examples of such programs. While providing for free channels, the F.C.C. recently declared its stance against excessive demands on cable operators for paying the costs of programming for the access channels. Cable operators must rely quite heavily on local groups and individuals for non-broadcast programming. While all of the systems may not have a lot of money for a while, they do have a lot of unfilled channel capacity. The access channels, while free, may also turn out to be attractive to some potential subscribers. The interests of cable operators and those of the community seemingly could be in confluence.

*(The Wired Island: The First 2 Years of Public Access to Cable Television in Manhattan. David Othmer, September, 1973. Fund for the City of New York, 1133 Avenue of the Americas, New York, N.Y. 10036) - 23 -

Columbus officials have given thought to the possibility of using a portion of the revenue from the cable franchise fee to help support public access activities. The F.C.C., as a general rule, holds that the fee should be used for the costs of regulating the franchise. In the case of Columbus, this means that the fee could help meet part of the budget of the Division of Utilities. The F.C.C. will consider requests to waive the rule on franchise fees, but the burden is on the applicant Lo make a very detailed showing to support the request.

Educational Access

Recognizing the possibilities cable holds for enhancing education, the F.C.C. ruled in 1972 that cable systems must provide a free educational access channel. The channel must be available from the start of cable service until five years after the basic trunk line is completed. The operator must set rules for operation of the channel; however, he does not control program content except that he must prohibit commercial and political advertising, lottery information (as in cablecasting rules), and obscene and indecent matter. A complete record of names and addresses for all persons or groups requesting time must be open for public inspection.

WHO MAY USE THE EDUCATION CHANNEL? The F.C.C. has specified only that the channel is for use by "local educational authorities". "Our concept," said the F.C.C., "was not meant to restrict the use of this channel to the local public school board." The channel is not exclusively for the use of any one group - be it the public or educational broadcaster, a school or other educational group. "It might be possible, for instance, for a high school and a college to produce complementary instructional programming of benefit to both," the F.C.C. suggested. There is no requirement that the educational programming be formal, for classroom consumption or for credit. The subject matter can span a vast, if not unlimited, range of subjects and the format can be varied as ingenuity, equipment and the skill of the producer allow.We know chat a great deal of learning occurs outside the classroom. The special characteristics of cable, including its capacity to receive signals back from subscribers, offers exciting prospects for those who would devote time and resources to its application for education. - 24 -

WHAT IS THE ORDER OF ACCESS AND TIME ALLOCATIONS? No requirement exists for first-come, first-served access on the educational channel. Order of access and time allocation are first usually a function of demand.

WHO IS RESPONSIBLE FOR PRODUCTION COSTS AND FACILITIES? The cable system owner is not required to provide production facilities for the educational channel user. However, in some cases, cable system owners may find that they are able to provide such facilities. If systems do provide production facilities, they may charge for use. Often schools and universities have audio-visual facilities and equipment that are not fully used.

WHO IS RESPONSIBLE FOR THE FUNDING AND PROMOTION OF THE EDUCATIONAL ACCESS CHANNEL? There are no F.C.C. requirements on the operator to do so. Those interested in using this channel, whether institutions, organizations or individuals should assess the availability of public and private funding. Some examples of educational uses of cable television: In Overland Park, Kan., a high school course for invalid children has been conducted by two-way cable. A system in St. Cloud, Minn., features in-service training for teachers. In Mobile, Ala., the public library fulfills requests for information three hours daily in response to viewers' phone calls. Appendix C summarizes what some community colleges are doing on cable.

Government Access Under the F.C.C. rules, the operating cable systems in Columbus must provide a free channel for use by government by March 31, 1977. That does not bar public officials and agencies from the existing channels. With the cooperation of the cable cperators, officials could be reporting to citizens on government activities and responding to questions or requests for service. In Reading, Pa., the Mayor goes on the cable weekly to report to the people -- a telephone in front of him to take calls from viewers. Elsewhere city council, school board, meetings of other public bodies have been cablecast live or on videotape. Local broadcast television rarely devotes much air time to such proceedings, as important to the public as they might be, because of the scarcity of free public service time. A -25- minute or two on the evening news is about the most coverage such meetings generate, and then only if they are particularly eventful. Broad- casters sell most of their time -- cable operators sell their service. That's not to say that all of us, or even a great many, will turn to the channel carrying such programs. But since a cable system has at least a dozen channels and will have more in the future, those interested in observing at home city council and similar proceedings can be served. The possible uses of the government channel extend far beyond coverage of meetings. Access programming can provide consumer information, health counseling, in-service training to public employees, traffic monitoring and data transmission to indicate some uses. Government and citizens, in cooperation with the cable companies, should be examining these possibilities. They will require resources -- money, skill, energy, interest and dedication. Careful analysis is likely to show that those resources exist in most communities. -26-

WHO'S INTERESTED IN USING CABLE T.V. IN COLUMBUS?

The Columbus cable television ordinance opens the way to use of the systems by local government and schools and colleges. Regulations of the Federal Communications Commission require new systems not only to provide, without charge, one channel for local government and one for education, but to also set aside a free channel for public access and one for the cable operator to transmit non-automated local programming, i.e., local origination. The three cable companies now operating in Columbus do not have to comply with these F.C.C. rules until 1977. The Federal rules and the City requirements are based on the fact that cable can provide, at no cost or relatively little cost, channels for a variety of public uses beyond those that carry regular television fare. There are costs incurred, however, in producing the programming for those channels. An increasing number of cable companies throughout the nation are offering individuals and community groups the use of their studios to present statements on issues, videotapes and films produced by groups and individuals and programs of far-ranging style and content. In some cases, the operators have turned over control of the public access channel to the community with non-professionals taught how to use the studio and portable equipment. In this way, cable television is starting to fulfill the aspirations of its proponents as a true community communications medium. In Columbus, individuals, groups and organizations have begun taking an interest in using cable facilities to produce their own programs or in encouraging the operators to produce local programs on particular subjects. As part of this report, we have identified a number of parties interested in the access and local origination channels. By no means have we covered all of them. No doubt there are more citizens, institutions and organizations who are exploring the use of cable. Indeed, as actual use of access and local origination grows, experience elsewhere shows that the number and diversity of users also will increase. We offer the following information to indicate that Columbus has at least a core of actual and potential cable users. While the cable operators understandably have devoted virtually all of their energy to getting their facilities constructed and operating and selling subscriptions, the companies -- in varying degrees of effort -- leave solicited some persons and organizations for their ideas on access and -27- origination. However, as is noted in the earlier section on Access. the operators have not promoted publicly and enthusiastically such use of these channels.

Ohio Council of Churches The Council recently employed Linda 89 E. Wilson Bridge Road Thornburg to work in community Worthington, Ohio 43085 organization and to facilitate use 885-9590 of public access channel by Clinton- Mrs. Patti Johnson, Director of Communications ville-Beechwold area residents. The Clintonville Community Resources Center is cooperating.

League of Women Voters The League is planning to use the 65 S. Fourth St. cable in Upper Arlington in connec- 221-1743 tion with local elections for public Mrs. Evelyn B. Behm office and for educational programming at Upper Arlington High School.

Columbus Board of Education While examining the feasibility of Radio, Television and Audio- using cable, Mr. Sittig feels that Visual Department 270 E. State St. instrnctional programming from the 225-2750 Ohio Educational Television Network John H. Sittig, Director serves the schools' needs now. He also believes that the schools are not generating ideas for use of the access channels because the cable operators are not now concerned with developing these channels. Only one of the City's 170 public schools, Southmoor, has the capability to receive cable service throughout the school. Smith Road, Eastmoor and Woodward Park schools are being hooked to a cable system. -28-

Columbus Education Association The Association is looking at the 700 E. Broad St. uses of cable with Mr. Sittig to 228-6561 benefit classroom teachers.

Columbus Public Libraries Some time ago, the libraries did Grant Ave. book reviews on the Coaxial system. 461-6572 Discussions are being held with James E. Ohlstrom Warner about possible library use of that system.

Ohio Institute of Technology The Institute has a broadcast studio 1350 Alum Creek Drive for training in all aspects of pro- 253-7291 duction. Mike Forrest, Dean of Faculty

Data Gang Video Data Gang has produced a number of 1353 Highland Ave. video tapes and films on community 299-2088 activities. The non-profit group Mike Moshell, Robin Thomas, plans to produce for the access chan- Yay Gross nels.

Center for Media Development, Inc. - This new commercial organization 110 W.-Lincoln Ave. expects to produce programs for Worthington, Ohio 43085 access channels. The corporation is 888-7832 completing a video-tape, "Cable T.V. James Beck, Director in Church".

Mershon Center Under the editorship of Carol Bessey The Ohio State University McCance, publishes CATeleVision, a 422-3515 newsletter covering cable television Grant Hilliker in Ohio. Interested in cable as a medium of expression and interaction of citizen interests.

Department of Communication Interest in research and analysis of The Ohio State University all aspects of cable in Ohio. Also 422-3400 many students interested in cable Dr. Joseph Foley television production. -29-

Ad Hoc Committee on Cable As a forum for expression of the Television interests of various public and 885-9590 private organizations and the cable Mrs. Patti Johnson companies, the Committee has met periodically for the pa t 18 months to discuss cable policies and operations in Ohio.

Citizens Cable Television Board, Concerned with all aspects of cable Inc. television activities in metropolitan 252-1977 Columbus. Mrs. Francine Hickman, Chairman Ms. Mary Kay Rose, Co-Chairman Carl Lambert, Secretary Berta Lambert, Assistant Secretary Ms. Gloria J. Parks, Treasurer

One sign of interest by Columbus area students and teachers in making videotapes was the Video Festival sponsored by the Design Center for Com- munity Communications of The Academy for Contemporary Problems. Over 60 high school students and 10 teachers produced videotapes on the theme "The Changing American City". Some 200 persons attended the program at which tapes were shown and production techniques demonstrated. The Center for Science and Industry and schools provided equipment and instruction to students. Schools represented were: Northland, Upper Arlington, Whetstone, South, Worthington Alternative, Walnut Ridge, Watterson, Bexley and East- moor. The Columbus public schools offer mini-courses in video to students. It is clear that a pool of student, teacher and institutional interest and competence exists in the Columbus area to produce for cable access and local origination channels. 30 -

SOME ISSUES

In this brief report, we already have indicated several issues involving cable television in Columbus. These include policies towards use of access channels and division of the City for cable operations. There are other issues that are emergent and should be noted by persons and organizations concerned about the future development of cable in Columbus. We have not attempted a detailed analysis of these issues. That careful examination, however, should be undertaken by public officials and interested citizens. Nor are we certain that other significant questions of public interest do not exist, either overlooked by this overview or still to emerge. Because of technological advances and the uncertain and unpredictable nature of public policy-making, the latter condition most likely applies.

REGULATION: As noted earlier, the Federal Communications Commission and local governments have regulatory control over cable operations. A number of states have enacted regulatory authority, too. Ohio is actively studying various alternatives for a State role in cable regulation. The City of Columbus should keep careful watch on this development to assure full consideration by the State of local community interests in the development of any legislation or administr=tive procedures relative to cable.

CITY GOVERNMENT: This year the franchise fee will produce about $60,000 for the City's general revenues. The F.C.C. rules permit the use of these fees to meet the costs to local government of regulating the cable companies. Given the complexity of the subject and the continued growth of cable in Columbus, consideration should be given to how these funds could be effectively useu to strengthen the City's capacity to oversee and help guide cable activities.

INTERCONNECTION: With several companies operating inside the city and expanding into adjacent areas of Franklin County, the possibilities exist for interconnecting these operations for certain purposes such as access and local origination. Indeed, the cable operators have been discussing this possibility. The City and the community should be involved in any planning of interconnection to assure that such an arrangement, which has many potential benefits, meets the community's needs. Among the concerns is the necessity for equipment compatibility among the systems. - 31 -

COVERAGE: A good deal of progress has been made towards wiring more areas of the City. In view of the requirements thet companies provide service to the entire City, the community and local government should assure that the entire community city is provided cable service.

PRIVACY: At the national level, consideration is being given to legislation that would prohibit snooping and monitoring of communications entering and leaving a citizen's home via cable. This would include a prohibition on disclosing to cable companies the identifiable viewing habits of subscribers in order to prevent abuses of the "wired city". The community and local government should also be alert to this concern, which existing technology makes possible.

ACCESS CHANNELS: The requirement for access channels is an experiment authorized by the F.C.C. If the channels are not effectively used, the requirement may be dropped. APPENDIX A CABLE TELEVISION RESOURCES

June 1974

THE WIRED NATION. Ralph Lee Smith, Harper & Row, 128 pp., paperback, $1.95. Revision: expanded, up-dated to mid-1972. CABLE TELEVISION: A Guide for Citizen Action, Monroe Price & John Wicklein. Pilgrim Press. 160 pp. $2.95. Available: Office of Communication, United Church of Christ, 289 Park Avenue South, New York City 10010. Best action orientation. A SHORT COURSE IN CABLE. (Revised June 1, 1972.) 12 page reduction of above, available free, same source. Basic. COMMUNITY ACCESS VIDEO. A Johnny Videotape "guerilla-type" publication of H. Allan Fredericksen, 695 30th Avenue, Apt. E, Santa Cruz, California 95060. 60 large-size pages, $3.00. Valuable "what to do" and "how to do" resource. CABLE TELEVISION IN THE CITIES: Community Control, public access and minority ownership. Editor, Charles Tate, The Urban Institute, 2100 M St., N.W., Washington, D.C. 184 pp. $3.95. COMMUNITY CABLE TV AND YOU. Special Feb. 1971 issue, Challenge for Change Newsletter, National Film Board of Canada, P.O. Box 6100, Montreal, Quebec, Canada. Single copy free. Excellent graphic treatment with light touch. CABLE INFORMATION. Monthly Newsletter. Cable Information Service, Room 852, 475 Riverside Drive, New York, NY 10027. $10.00 per year. Cumulative resource with index. Only "generalist" periodical publication in cable field. Special emphasis on creative use of dedicated and origination channels. THE ENIGMA OF A THOUSAND AND ONE CHANNELS. Reprinted from November 1972 issue of Today's Education, special feature on cable television. Good source on the uses of cable television for in-school, in-service, and adult education. National Education Association, 1201 Sixteenth Street, N.W., Washington, D. C. 20036. Single copies available free; packages of ten copies, $1.50 per package. Orders addressed to "CATV Project, NEA" for 200 copies or more will be handled at a 20 percent discount. CABLE TELEVISION: Franchise Provisions for Schools. NEA's recommendations on franchise provisions for local communities to protect the interest of schools and the communities they serve. 1973. Available free to NEA members; $2.50 per copy for others. Available from CATV Project, National Education Association, 1201 Sixteenth Street, N.W., Washington, D. C. 20036. -2-

SCHOOLS AND CABLE TELEVISION. Comprehensive publication on school use of cable television, including sectionson franchise provisions, case study, costs,access for schools and the community, and a bibliography. National Education Association, 1201 Sixteenth Street, N.W., Washington, D.C. 20036. (NEA Stock No. 381-11968) 1971. $2.50. SCIENTIFIC AMERICAN. Special Communication issue, September 1972. $1.00, Comprehensive, scholarly.

OPEN TO CRITICISM. Robert Lewis Shayon. Beacon Press, Boston. $9.95. TV critic suggests criteria he hopes will be applied to a study of the revolution being broLght about by cable. TELEVISION DIGEST CATV & STATION COVERAGE ATLAS with 35-mile-zone maps. Television Digest, Inc., 1836 Jefferson Place, N.W., Washington, D.C. 20036. $19.50.

CATV. Newsweekly of cable television. Communications Publishing Company, 1900 West Yale Street, Englewood, Colorado 80110. $33.00 for 52 weekly issues. Single copy $2.00. BROADCASTING MAGAZINE. Has section on cable television. Published weekly. $14.00 per year. 1735 De Sales Street, N.W., Washington, D. C. 20036. Also publish BROADCAST YEARBOOK, $13.50, CATV Source Book $8.00.

CABLE REPORT. 11 months. $15.00. 192 North Clark Street, Chicago, Illinois 60601. Room 607. FILM LIBRARY QUARTERLY. Summer 1972: New Media Services, Cable TV and Video in the Public Library. $2.00 per issue. Film Library Information Council, Box 348, Radio City Station, New York City 10019.

MAN MADE MOONS: Satellite Communications for Schools, National Education Association. 48 pp., $3.00. NEA, 16th & M Streets, N.W., Washington, D.C. 20036 (NEA Stock No. 381-11994). VIDEO TOOLS. Summer 1972, Vol. 1, #1. Publication of CTL Elec- tronics, Inc. 86 West Broadway, New York City 10007. Whole range of video equipment and accesso7ries. Write for infor-- mation. Single copy $1.00. Video club membership $10.00. GUIDELINES FOR ACCESS. National Cable Television Association, Suite 800, 918-16th Street, N.W., Washington, D.C. Booklet explains how cable operators can fulfill FCC's access requirements. ACLU GUIDE TO CABLE TV. Guide issued by American Civil Liberties Union discusses cable's background, present status and future pot.:ntial in layman's language. Devote:3 last half to cable curl icicsk.sT.(-11 by ACLU. Glossary and bibliography. Author: Fred Powledgo. 48 pp. Single copy free from ACLU, 22 East 40th Street, New York City 10016. -3-

BROADBAND COMMUNICATIONS REPORT. Semi-monthly 8 page newsletter devoted to "Applied Urban Technology". Information-packed, authentic, well edited. $48 for 24 issues from Broadband Information Services, Inc., 274 Madison Avenue, New York City 10016.

URBAN TELECOMMUNICATIONS FORUM. Monthly journal of current research and practical state olZ the art and science of using broadband cable communications in urban areas. Implications for urban interaction, urban dynamics, urban form. 12 monthly issues $1700 from Urban Telecommunications Forum, 276 Riverside Drive, New York City 10025. VISIONS OF CABLEVISION: The Prospects for Cable Television in the Greater Cincinnati Area. Robert L. Steiner's report to The Stephen Wilder Foundation exploring the brief history of cable television and examining its impact to date; provides forecasts and makes recommendations for development of cable television in the Greater Cincinnati Area. 1972. Free to residents of Ohio, Kentucky and Indiana; $3.00 for single copies purchased by those outside this area. The Stephen H. Wilder Foundation, 1017 Provident Tower, Cincinnati, Ohio 45202.

YALE REVIEW OF LAW AND SOCIAL ACTION. Special issue on cable: The Cable Fable. $4.00. Vol. 2, No. 3, Spring 1972. RAND REPORTS ON CABLE TELEVISION prepared under National Science Foundation grant to Rand Communications Policy Program. It includes the following titles, each preceded by the series title Cable Television in the printed copies. (For list write: Communications Department, Rand Corporation, 1700 Main Street, Santa Monica, California 90406.) Some titles: --A Handbook for Decisionmaking. Walter S. Baer. --Technical Considerations in Franchising Major Market Systems. Carl Pilnick. --Uses in Education. Polly Carpenter. CABLE COMMUNICATIONS IN WISCONSIN: RECOMMENDATIONS. Final Report of The Governor's Blue Ribbon Task Force on Cable Communica- tions. (Document No. 5) February 1973. REPORT OF THE TASK FORCE ON URBAN CABLE COMMUNICATIONS. Cincinnati City Council. April 1973. "How Do You Turn on Cable TV?" Stephen Kinzer. Boston Maciazine. March 1973. "Voices on the Cable: Can the Public Be Heard?" Barry Head. Harper's. March 1973.

"Wired In: The Powerful Line Up to Seek CATV Licenses in Mlny Major Cities." Wayne E. Green. The Wall Street Journal. Wednesday, May 2, 1973. -4-

FCC--CLARIFICATION OF RULES AND NOTICE OF PROPOSED RUEMAKING. Federal Register, Vol. 39, No. 78. Part II, April 22, 1974. CABLE CAREERS. A description of a new program in cable telecommunications at Middlesex Community College, Training Hill Road, Middletown, Connecticut 06457. THE WIRED ISLAND. David Othmer. The first two years of Public access to cable TV in Manhattan. September 1973. Available from the Fund for The City of New York, 1133 Sixth Avenue, New York, NY 10036.

CABLE TELEVISION IN EDUCATION: A Report From the Field. 1973. 50 pp., one copy free, additional copies $1.00. Available from National Cable Television Association, Suite 800, 918 Sixteenth Street, N.W., Washington, D.C. CABLE TELEVISION: The Giant is Awake. A two-part color filmstrip about the world of cable TV. Including recorded narration and leader's manual. 1974. $24.50. National Education Association, 1201 Sixteenth Street, N.W., Wash- ington, D. C. 20036. THE HERE, NOW AND TOMORROW OF CABLE TELEVISION IN EDUCATION: A Planning Guide. 1973. A study for the Massachusetts Advisory Council on Education, 182 Tremont Street, Boston, Massachusetts. ASPEN NOTEBOOK: Cable and Continuing Education. Richard Adler and Walter S. Baer. Aspen workshop on Uses of Cable. 192 pp. $3.95 paperback, 1973. Praeger Publications. Video Box 1323, Springfield, Massachusetts 01101. CABLE: The Immediate Future. A 10 minute color film (16m) produced by the Corporation for Public Broadcasting. $50. Available from Cable Television Information Center, 2100 M Street, N.W., Washington, D. C. 20037 (Orders must be pre- paid).

ON THE CABLE: The Television of Abundance. Sloan Commission Report. McGraw Hill. 256 pp. $2.95. RAND RE7ORTS ON CABLE TELEVISION. (For list write: Communications Department, Rand Corporation, 1700 Main Street, Santa Monica, California 90406.) Some titles: - -Interactive Tvision, prospects for two-way service on cable (CI, Arril p.2) --State requiaLion el cable television. -Cable communi-atinns in the Dayton Miami Valley: basic report $5.00, summary $3.00 (CI, February p. 3) -5--

--A guide for education planners. Polly Carpenter. --Making public access effective. Richard Kletter --Citizen participation in planning.Robert Yin --Applications for municipal services. Robert Yin --Citizen participation after the franchise. Monroe E. Price and Michael Botein.

MITRE CORPORATION REPORTS. (For copies write: The MITRE Corporation Westgate Research Park, McLean, Virginia 22101) Some titles: --The Reston, Virginia, test of MITRE Corporation's interactive TV system (CI, April p. 2) --Interactive television software for cable television application. --Urban Cable Systems (projection for Washington, D.C.) $2.00 (CI, September p. 2, 3) --Toward a market success for computer assilted instruction (CAI) (CI, August p. 3) THE NOTRE DAME LAWYER. 64 pp. excerpt on "Some Aspects of State Regulation of CATV" from April 1972 issue. Exhaustive legal analysis comparing and contrasting state codes, public utility vs. independent public authority. Reprints from Vol. 47, #4 of Notre Dame Lawyer, $2.75, P.O. Box 486, Notre Dame, Indiana 46556. CABLE TELEVISION IN DETROIT: A study in urban communication. Report of a cable TV study committee prepared for the common council of the city of Detroit, May 1972. 160 pp. $5.00 (15 p. summary, free.) Write: City Clerk Office, 1304 City County Building, Detroit, Michigan 48226 (CI, June p. 3) CROSSED WIRES: Cable Television in New Jersey. A Report by the Center for Analysis of Public Issues, 92A Nassau Street, Princeton, New Jersey 08540. 94 pp., $3.00. Analysis of franchise negotiations in NJ communities. A STORY ABOUT PEOPLE.. Available Berks Cable Company, Reading, Pennsylvania. Documentary record cooperation NYU's Alternate Media Center, Berks Cable Co., in experimental development community involvement in programming for cable.

INSTANT WORLD. 247 pp. $3.00 from Information Canada, Ottawa, Canada. Report of a Telecommission to Canada's Minister of Communication. CABLE TV REPORT AND ORDER--RECONSIDERATION:A summary of the official FCC actions concerning cable TV (Feb. 3, 1972 and June 26, 1972) $2.10 or post paid $1.75. Order (#0400-00276) from Government Printing Office, Washington, D.C. 20402. -6-

NOTES FROM THE CENTER. Quarterly news from Cable Television Infor- mation Center, 2100 M Street, N.W., Washington, D.C. 20037. CABLELIBRARIES. A monthly newsletter designed to inform libraries of current developments in cable communications. Order subscriptions ($15 per yr.) from C.S. Tepfer Publishing Co., Inc., 607 Main Street, Ridgefield, Connecticut 06877.

CABLE IN BOSTON. New. $10.00. A look at the basic conditions underlying the economic viability of urban cable. Whitewood Stamps, Inc., 61 Chapel Street, Newton, Massachusetts 02158 NCTA CABLECASTING GUIDEBOOK: A Collection of Ideas and Aids for the Cablecaster, 1973. National Cable Television AssoCiation, Suite 800, 918 Sixteenth Street, N.W., Washington, D.C.

ALTERNATE MEDIA CENTER PUBLICATIONS PROGRAM. 1974. Subscription $35 The Access Workbook. 300 pp. looseleaf. The Public Access Experience: Profiles of Six Centers. 48 pp. paperbound (single or extra copies available @ $3.00) Library Access, looseleaf. Educational Access, looseleaf.

TeleMedicine: Current Experience. 250 pp. paperbound. Report on current experience and thinking in interactive television for provision of health care.

CABLELINES. A monthly publication of Cablecommunications Resource Center, 1900 L Street, N.W., Washington, D.C. 20036.

CABLE: Report to the President. Cabinet committee on cable communications. 1974. $1.50. Order (#4000-00304) from Superintendent of Documents, Government Printing Office, Washington, D. C. 20402.

CABLE TV: GUIDE FOR OHIO LOCAL OFFICIALS. Information about cable geared to Ohio. State Department of Economic and Community Development, Columbus, Ohio. SCHOOLAN'S GUIDE TO CABLEVISION UTILIZATION. Excellent glossary. Southwestern Ohio Instructional Television Association, Inc., Sprint; and Cal: Streets, Oxford, Ohio 45056. APPENDIX B

July 26, 1969 THE CITY BULLETIN 769 orderedthattheparkingregulations apoint118feetsouthof Mt. Vernon I certify that this regulation Is necessary adopted by the Director of Public Safety Avenue to a point 143 feet south of Mt. for the preservation of the public peace, July 31,1903, be amended by the enact- Vernon Avenue (a distance of 25 feet In health, safety and welfare: ment of Rule 364 to Chapter V. which front of the U.S. Post Office). 15 minute M. E. Sensenbrenner, Mayor shall read as follinys: parking between the hours 0:00 a.m. and Date: July 15, 1969 Chapter V. Parking Time Llmited on 8:00 p.m.. west side, week days. Certain Streets and/or Alleys. 1 hereby declare an emergency and that Parking lime is hereby limited on the this regulation shall take effect immedi- CORRECTION streets ns set forth in Rules I through 361 ately as provided by City Codes, 1959. Ordinance 472-69 published elsewhere In inclusive,for the time and during the By Order Of: thisBulletin,corrects and replaces an hours indicated therein. Frederick J. Simon erroneous publication of that Ordinance Rule al, Twentleth Street, beginning at Director in Bulletin No. 29, July 19.1969.

C AT V 60ROJAMitice

TABLE OF CHANGES IN YOUR 1969 COLUMBUS CITY CODE Code Section Ordinance Page Subject 371,01-311.13 Inc. & 371,991499.68 523 Pertaining to Excise and Hotel Taxes. 371.06 632-69 525 Relating to Hotel-Motel Tax Filing Returns. 1713.04 852-69 528 Relating to Hotel-Motel Tax Filing Returns. 2371.07 678-69 am Rendering Certain Machinery Inoperable. 595.01- 595.18 472-69 561 Relative to Community Antenna Teision Inc., and Systems. 595.99 2371.08 705-69 6' -1 Providing Restrictions on Sales and Lighting Requirements of Certain Vendors. 2393.01 755.69 825 Relating to Concealed Weapons. 1105.08 794.09 647 Regarding Water Tap Charge. 695.12 779-69 669 Relative to Community Antenna Television Systems. 921.108 857-69 889 Relative to Camping on City Reservoirs. 595.01-595.16472.69 743 Regarding Community Antenna Television inc., and Systems. 595.99 CHANGES IN 1968 COLUMBUS CITY CODE (Clip and attach to your 1959 City Coda)

ORD. No. 472-69To supplement the Co- cations Commission will,ifapplicable, be in lumbus City Codes, 1959, by the enactment ofaccordance with rules, regulations and tariffs Article N 1 II,Chapter 595,re :Community of the Ohio Public Utilities Conimis!Aun. Antenna Television Systems. (A) Through coaxial cable and/or other Be it ordained by the Council of the City ofelectrical conductors installed and maintained Columbus: by the operator, and attached to poles and/or Section 1.That the Columbus City Codes, in underground conduit owned and maintained 1959, be and they hereby are supplemented by by the operator. the enactment of Article XIII, Chapter 595, (1) Even though the operator is authorized Sections 595.01 through 595.16, inclusive, and to install his own poles and conduit, itis the Section 595.99, to read as follows: stated intention of the Council that wherever possible, the operator shall obtain the coopera- 595.01Definitions tion of all other holders of public licenses and (A) Theterm, "community antenna sys- franchises within the City to allow joint usage tem" (more commonly referred to as a "CATVof their poles and/or conduit wherever such System", but occasionallyreferred to as a usage does not interfere with their own normal "Wired City"), means any facility which orig- usage of said poles and/or conduit, so that the inates or transmits or distributes electronic number of new or additional poles erected in signals to subsc veers for a fee or fees, includ-the City by the operator may be minimized. ing video and/or audio signals from operating Such cooperation shall include the rights of television stations and AM and FM radio sta-joint usage at realistic rates with reasonable tions, but not limited to such signals. Specifi- terms. cally included as permissible are services and/or (2) Approval for the locating of new poles programming originated by the system. and/or'. new undergroundconduitwillbe (B) The term, "community antenna sys-granted by the Department of Public Safety tem", shall not be applied to the following fa-when such locations have been approved by cilities: the Director of Public 'Service. (1) A facilityservicing fewer than fifty (3) The provisions of Paragraphs (A) and (50) subscribers. (A) (1) notwithstanding, the operator, wher- (2) A facility serving one or more rentalever practical, shall utilize underground con- complexes, including apartments and/or town- duit in lieu of new poles erected by him, even houses and/or single dwellings, under the same in those areas where the utility companies, ownership, control or management, and in-public and private, have erected poles, and cluding commercial establishments located on are continuing to use them. the premises of such a rental complex or com- (4) The operator shall grant to the City, plexes. free of expense, joint use of all his poles and (3) A facility serving individual hotels orall his underground conduit, assuming adequate motels, or more than one hotel and/or motel windload and weight factors for poles and ca- under the same ownership, control or man- pacity for conduit, for any proper municipal agement. purposes, insofar as it may be done without (4) A facility owned and operated by a non- interfering with the free use and enjoyment profit organization, with service limited to theof the operator's own coaxial cable, wire and premises of said non-profit organization. fixtures. (C)The term, "operator", shall mean any (a) If the City does make any use of either person, persons, partnership, firm, company, poles or conduit owned and maintained by the corporation or association operating a com-operator, the City shall hold the operator harm- munity antenna system and holding a permit less from any and all actions, causes of action, granted by an ordinance of Council to operateor damages caused by the City's wires or ap- same within the corporate limits of the City. purtenances upon the poles or in the conduit (D) The terms, "transmission and distribu- of the operator. tion", "carriage and/or utilization", and "orig- (b) Any construction and utilization by the ination", refer to methods, techniques and pro- City,as regards poles and conduit of the cedures in the operation of a community an-operator, shall conform to the same require- tenna system as authorized by the Federal Com- ments set forth for the operator in the general munications Commission, either by virtue ofareas of safety, quality, maintenance and RF enabling rules and regulations or in the absence (radio frequency) interference. of prohibiting rules and regulations. (5) The rightofconstruction,including easements, is not implied, except in locations 595.02Transmission and Distribution ofwhere the City has the authority to grant such Signals rights and casements. All other rights of con- The transmission and distribution of elec- struction,including easements, shallbethe tronic signals may he made at the option of responsibility of the operator. the operator as follows; and in addition to (6) No construction of either poles or un- n being as authorized by the Federal Communi-derground conduit shall begin without prior July 26, 1969 THE CITY BULLETIN '171

written approval of the Director of Public (D) Additionalemphasisissuppliedto Safety. Paragraph (C) of Section 595.03 as follows: (B)Through coaxial cable or other electri- (1) The operator shall not transmit between cal conductors installed and maintained by the 152 and 172 megacycles. operator, bat attached to poles and/or in under- (2) Any significant interference with Public ground conduit owned by the Ohio Bell Tele- Safety Radio Services, as determined by the phone Company ;and/or attached to polesDepartment of Public Safety, shall be imme- owned by the Columbus & Southern Ohio Elec- diately eliminated by the operator. tric Company ; and/or attached to poles owned (E) All installations of equipment shall be by the City of Columbus; and/or attached toof a permanent nature and durable, installed in poles owned by the Western Union Company. accordance with accepted good engineering (C) Through the common carrier facilities,practices; sufficient to comply with all existing including coaxial cable and/or other electrical State of Ohio and City of Columbus rules, conductorsand/orradiowavetransmission, regulations and ordinances, so as not to inter- owned by the Ohio Bell Telephone Company. fere in any manner with the right of the public (D)Through the common carrier facilitiesor individual property owned; and shall not of the Ohio Bell Telephone Company for maininterfere with the travel and use of public and lateral cable service, with the operator in-places; and during construction, repair and stalling and maintaining removal thereof, shall not obstruct or impede his own service,traffic or unnecessarily or 'unreasonably inter- through coaxial cable and/or other electrical fere with the use or enjoyment of public or conductors, between terminating units of theprivate property adjacent thereto. Ohio Bell Telephone Company and the dwell- (F) In operating his system, the operator ings and business establishments of subscribers. shall meet the following minimum require- (E) Through the air by means of radiowave ments: transmission facilities of the operator, either (1) The systemwillproduce a picture, totally or in part in combination with (A),whether in black & white or in color, that is (B), (C) and (D) of Section 595.02. undistorted, free from ghost images and ac- (F) Through the air, by means of radio-companied by proper sound on typical, standard waves transmitted by some other common car- production television sets in good repair, and rier source, including satellite, either totally orequal in all aspects to what the state of the in part in combination with (A), (B), (C), art permits. (D) and (E) of Section 595.02. (2) The system will transmit signals of (G) Through any combination of the alter- adequatestrengthtoproduce good sound natives for transmission and distribution ofand/or good pictures with good sound at all electronic signals as set forth in (A), (B), subscriber outlets without causing cross-modu- (C), (D), (E) and (F) of Section 595.02. lation in the cable or interfering with other electrical or electronic systems. 595.03Conditions of System Construc- (3) The operator will be able to demonstrate tion, Maintenance and Operation by instruments or otherwise to subscribers, Theoperator shall comply with the follow- upon request, that a signal of adequate strength ing conditions, and the Office of the Directorand quality as described in Paragraphs (F) of Utilities, City of Columbus, shall be charged (1) and (2) of Section 595.03, is being deliv- specifically with the duty of enforcing the pro- ered by the system. visions of this section. (4) The operator will render efficient service, make repairs promptly, and interrupt (A) Construction and maintenance of theservice only for good cause and for the shortest transmission and distribution system shall be time possible. in accordance with the NationalElectrical (5) The operator will strive, insofar as is Safety Code (also referred to as the Code ofpractiad, for the betterment of his system, the Board of Underwriters), and such appli-taking advantage of all reasonable improve- cable ordinances and regulations of the State of ments as they become available to him. Ohio and the City of Columbus as may be (G) The operator shallmaintain a local presently in effect or may become effective inbusiness office, which will be open at !east the future. 9:00 a.m.,to 5:00 p.m., Monday through (B) The operator shall, at his cost and ex- Friday ; and at least 9 :00 a.m., to noon, Sat- pense, install and maintain during the life ofurdays, excluding legal holidays. This office thepermit granted by ordinance, and/or causewill have a listed telephone, with an adequate to be installed and maintained by the Ohio.number of lines to handle typical traffic, and Bell Telephone Company, adequate shielding, will be so operated that complaints andre- filtering and grounding as to prevent interfer-quests for repairs and adjustments may be ence with television and radio reception ofreceived and processed with a minimum of non-subscribers to the operator's service or delay. services. (H) The operator shall provide the Council (C) All Federal Communication Commis-and appropriate City officials with the name of sion rules and regulations governing RV (radio his chief management employee, so that com- frequency) interference presently in effect, andplaints or comments made to Council orany as may become effective in the future, will beCity office, may be referred to the operator for observed. proper action. . 772 THE CITY BULLETIN July 26, 11)119

(I) In the case of any emergency or disaster,Paragraph 595.06 (II),allsuch advertising the operator shall, upon request of the Safetymaterial, if transmitted visually and/or aurally Director of the City of Columbus, make avail-in connection with locally originated program- able, without charge, any or all of his facilitiesming which is offered to the g7neral public as foruse by the City during the emergency orpart of the operator's basic service, shall also disaster. be subject to the applicable provisions of the ( j) The operator shall make his basic serviceNAB Codes, mentioned atiove, and qualified available without charge, upon written request, therein as to the practice of Columbus commer- to all public and parochial schools, includingcial broadcast stations. colleges and universities, located within the City. 595.04Prohibitions (1) Installation and service will be subject (A) The operator may neither directly or only to a school being contiguous to a main or indirectly engage in the sale, servicing or repair lateral cable, or within range of radiowaves of television receivers, nor may he engage di- ifradiowaves are utilized by the operator forrectly or indirectly in the rental or leasing of the transmission and distribution of signals. television receivers; nor may he or any of his (2) This requirement is for a single con-employees require of any subscriber the pur- nection per school. chase or servicing of a television receiver from (3) There will be no limit as to the number or by any designated company. of television receivers a school may operate (B) The operator may neither directly or from this connection, but the expense of install- indirectly engage in the installation or repair ing and maintaining an internal distributionof distribution systems, other than his own, system will be the responsibility of the school.within apartment houses,hotels,motels, or (4) Anyinternaldistribution systemin-other commercial establishments, or in schools stalled by a school must conform to all appli-and other non-profit organizations. cable Federal, State and City rules, regulations (C) The operator is prohibited from allow- and ordinances, and must be operated in such aing his facilities to be utilized for political or manner as not to interfere with the operator'sother partisan purposes unless, as a matter of system. publicly stated policy, he has adopted guide- (K) The operator shall provide his basiclines calling for strict adherence to existing monthly service without charge to each Rec- rules and regulations of the Federal Communi- reation Center operated by the City. cations Commission governing political broad- (1) Installation and service will be subjectcasts and telecasts, and including the "Fairness only to the Recreation Center being contiguous Doctrine". Excluded from thisprovisionis to a main or lateral cable, or within range ofprogramming. originated by a licensed radio radiowaves if radiowaves are utilized by the or television station, said station being subject operator for the transmission and distributionto the aforementioned rules and regulations of of signals. the FCC. (2) This requirement is for up to and including three (3) connections per Recreation595.05Indemnification,Insuranceand Center. Bonds (L) The operatorshallprovidewithout (A)The operator shall indemnify and save charge complete monitoring facilities, includ-harmless the City of Columbus and all agents, ing installation, necessary equipment and main- officers, employees and representatives thereof tenance of said equipment, to up to and includ- from allclaims, demands, causes of action, ing three (3) City offices, to be designated bycopyright action, liability, judgments, costs and Council, located in the downtown area of Co-expenses or losses for injury or death to per- lumbus. sons or damage to property owned by, and (1) The monitoring equipment will permit Workmen's CompenSation claims against: Any sampling of all services offered by the operator. partiesindemnifiedherein,arisingoutof, (2) Monitoring facilities will be providedcaused by or as a result of the operator's con- whether the City offices are located contiguousstruction, erection, maintenance, use or pres- to main or lateral cables or not, and even ifence of, or removal of any poles, wires, lines, special construction is required for their ac-cable, conduit, appurtenances thereto, or equip- tivation. ment or attachments thereto. (M)Excluding the programming origin- (1) The operator shall carry good and suffi- ated by licensed broadcast stations and/or bycient public liability and property damage in- closed circuitnetworks,allprogramming surance to fulfill the terms of Paragraph (A) offered by the operator as part of his basicof Section 595.05, which insurance shall be in service to the general public, shall conform tothe amounts of not less than $100,000 for the provisions of the TV Code and/or the property damage in any one accident, nor less Radio Code of the National Association ofthan $400,000 aggregate in any single policy Broadcasters; provided two (2) or more Co- year ; and not less than S250,000 bodily injury lumbus commercial television stations (for the or death of any one person, with a minimum TV Code), and five (5) or more Columbusof $500.000 as to any one accident. commercial radio stations (for the Radio Code), (2) The policy shall'provide by endorsement AM and/or FM, are code subscribers in com-that it may only be cancelled or amended by pliance thereof. the insurance company after ten (10) days (1) If the operator sells advertising, pernotice, in writing, to the DirectorofPublic July 26, 1969 THE CITY BULLETIN 773

Utilities. bonds and insurance, excluding the Perform- (3) Said policy (or policies) must be ap-ance Bond called for by Paragraph (C) of proved by the City Attorney. Section 595.05, or reduce the amounts thereof, (4) Said policy (or policies) must be in forcedepending upon the participation of the Ohio before the operator commences any construc-Bell Telephone in providing facilities to and tion or installations. for the operator. An additional consideration (5) Either the original policy (or policies)for reduction or waiver will be the extent of or certified copies must be on file with theradiowave transmission versus the use of cable Director of Public Utilities. and/or other electrical conductors. (6) The City of Columbus shall be named an additional assured in any such policy, or595.06Scope of Operations policies. In addition to conventional services currently (B) Upon termination or revocation of hisbeing offered by operating community antenna permit or upon cessation of operations by thesystems, including the signals of TV, AM, and operator, said operator is under obligation toFM stations and also programming originated remove all of his equipment and installationsby the operators, this ordinance, anticipating over and under city streets, at the request ofthe future of a "Wired City", specifically covers Council ; over and under private' property atthe following: the request of the property owners ; and from (A) Pay television (programing for which the homes or business establishments of sub-a special or extra fee is charged), if authorized scribers, at their request. by the Federal Communications Commission, (1) The operator shall post bond in the sumand if such service is offered by the operator. .5)of $100,000 guaranteeing the removal of all (B) The sale of advertising in connection his equipment and installations, if his operationwith locally originated programming, if such ceases, whatever the cause or reason; and ifsales are authorized by the Federal Communi- requested to do so by the Council, individualcations Commission, and if such sales are made private property owners or subscribers. by the operator. (2) Such bonding as called for in Para- (C) Any other service or services involving graph (B)(1) of Section 595.05, shall bethe use of electronic signals if authorized by the subject to these requirements: Federal Communications Commission and if (a) Such bond shall be executed by thesuch additional services are offered by the op- operator and one or more sureties approved byerator. the City Attorney. (b) Either the bond (or bonds) or certified595.07Rates for Service to Subscribers copies must be on file with the Director Unless superseded by Federal or State regu- Public Utilities. lations, the City of Columbus retains jurisdic- (c) The bond (or bonds) roust provide bytion to establish rates for subscriber service. endorsement thatit cannot be cancelled orAll such rates shall be fair, just and reasonable. amended by the bonding company prior toThe operator shall be subject to all authority ten (10) days notice to the Director of Publicnow or hereinafter possessed by the City of Utilities. Columbus or any other regulatory body having (d) Said bond (or bond;) must be effec-jurisdiction to fix rates for services offered tive before the operator commences any con-by the operator. struction or installations. (A) Before any service is offered to any'2:?) (C) Within thirty (30) days from the effec-subscriber the operator shall file with the Di- tive date of the granting of a permit by ordin-rector of Public Utilities, for approval of the ance, the operator shall furnish a bond to theCouncil, a schedule of proposed rates. City in the amount of $25,000 guaranteeing the (1) A filing for the first service to be offered faithful performance of the obligations of theby the operator shall be no less than ninety operator under the terms of this ordinance,(90) days in advance of the approximate date said bond being in addition to that requiredthe system is to become operational. under Paragraph (B)(1), and subject to (2) A filing for new or additional service, these requirements; after the system is once operational, shall be (1) Such bond shallbe executed by themade no less than sixty (60) days in advance operator and one or more sureties approved byof the effective date specified by the operator the City Attorney. for the new or additional service. (2) Either the bond (or bonds) or cer- (3) A filing for changes in previously ap- tified copies must be on file with the Directorproved schedules shall be made no less than of Public Utilities. sixty (60) days in advance of the effective date (3) The bond (or bonds) must provide byrequested by the operator. endorsement thatitcannot be cancelled or (B) No action shall be taken by the Council amended by the bonding company prior towith respect to rate reduction and/or modifica- ten (10) days notice to the Director of Publictions in rate structures unless the operator has Utilities. been given a written notice at least ninety (90) (D) It is not the intention of the Councildays in advance of the effective date contem- to require either unnecessary or excessive bond-plated by Council ; and not until the operator ing, or double bonding, nor unnecessary orhas been given every opportunity to be heard excessive insurance, or double insurance, there-by Council will final action be taken. fore the Council will waive the requirements for (C) The operator shall be limited in his 774 THE CITY BULLETIN July 26, 1969

charges to individual dwelling units as follows: munications Commission, shall afford full time, (1) A maximuminstallationchargeofnon-duplicated carriage to W1INS-TV, $15.00 for the first television set ; and a max-WI..W-C, WOSU-TV and WTVN-TV and imum of $7.50 for each additional televisionto any other television station licensed to the set on the same premises. City of Columbus by the FCC and which goes (2) A maximum monthly charge for basicon the air. service of $5.00 for the first television set ; and B. It is the intent of this section to require a maximum of $1.50 for each additional tele-the carriage outlines in Paragraph (A) above, vision set on the same premises. which shall be without the degrading of signals (3) The maximum disconnection-reconnec-and without deletion of advertising or any mation charge related to the temporary suspensionterial contained in such telecasts, even though of service requested by a subscriber shall bethe Federal Communications Commission at no more than the monthly service charge. some future date might amend or even elimi- (4) The maximum reconnection charge, ifnate rules and regulations applicable to carriage service has been terminated by the operator forand protection of local stations. Therefore, this non-payment of fees, shall be no more thanparticular provision shall remain in force so $10.00. long as there are no laws, rules or regulations (5) The installation charge shall be personalprohibiting such carriage, and so long as the to the individual subscriber ; and upon removaloperator is not forbidden to do so by the sta- to another location within the City of Columbus,tions involved. the maximum reconnection charge shall be no more thari the monthly charge for service. 595.09Special Provisions (6) If' a use tax is ever imposed on CATV Taking into account certain additional ser- charges, said tax may, at the option of thevices, services which to be successful, neces- operator; be added to the maximums listedsarily would have to cross corporate lines of above. many Greater Columbus municipalities, and (D) The maximums listed above apply toconsidering these services to be in the public basic service to individual dwelling units, andinterest, and not wanting to curtail their de- consisting of up to and including twelve (12)velopment, the following services are specifi- television channels. cally exempted from licensing' requirements and (1) It is not the intent of this ordinance toexcluded from fee payments to the City, so long retard the growth of CATV service beyond theas said services are offered by an operator conventional 12 channels offered by most sys-holding a permit under ordinance. tems (a limitation imposed by the VHE tuner (A)Services created primarily for area generally utilized by the industry). If and whenhotels and motels, and utilized as a promo- expandedservice(thatis,servicebeyondtional-informational vehicle for Greater Colum- twelve (12) television channels) is offered bybus, reaching only guests in participating hotels the operator, the operator shall have the rightand motels. to apply to Council for a second rate structure : (B) Services created for special and/or oc- and an increase in the maximums coveredcasional closed circuit presentations, not for the herein Nvill be favorably considered by Council,viewing and/or listening of the general public. assuming an additional investment in equip- (1) This particular exclusion /exemption is ment and an increase in operating costs. not applicable to any regular, continuing ser- (E) Although no effort is made by thisvice or services which the operator may offer ordinance to establish maximum rates for com-pursuant to Paragraph 595.07 (C). mercial establishments nor for buildings re- (C) Services created for non-profit organ- quiring special arrangements for service, in-izations. cluding apartment buildings, hotels and motels (D) The exemptions and exclusions detailed already possessing their own master distribu-herein shall apply to both originations by the tion systems, he operator shall, before offeringoperator and to signals merely re-transmitted any such service, submit his proposed rateand/or distributed by the operator. structure to Council for approval. (F) Additionally, if and when the services595;10Permits to Operate Community outlines in Paragraphs (A), (B), and (C) of Antenna Systems in the City Section 595.06 as possibilities for the future, (A) No operator shall offer service to sub- are to he offered to subscribers, the operatorscribers by means of a community antenna shall, before offering said service or services,system within the City unless he holds a permit submit detailed proposals of all applicable rategranted by ordinance of Council, and authoriz- structures to Council for approval. ing such a system within the City, and in. under (G) A current, up-to-date copy of all theand over the streets, highways and other public operator's rules, regulations and policies having grounds of the City. to do with subscriber service will he kept on (B) All permits granted by ordinance pur- file with the Director of Public Utilities. Nosuant to this section shall be non-exclusive and rule, regulation or policy shall be contrary tonon-assignable; and Council reserves the right 'provisions of this ordinance. to issue as many such permits asit deems advisable in the public interest. 595.08Special Requirements (C) Any permit granted under the terms of (A) The operator, in compliance with cur-this ordinance shall be declared null and void rent rules and regulations of the Federal Corn-one year from the date it is granted, and such July 20, 1969 THE CITY BULLETIN 775

permit shall be revoked unless the operator (orwhether his permit is to be-renewed for another operators) who received said permit satisfac-like period. And while itis not the intention torily demonstrate to the Director of Publicof this ordinance to provide for automatic re- Utilities compliance with the time-tableset newals, no existing operation will be termi- forth in Paragraph (D) below. nated without due and just cause. (D) The operator, not later than six (6) months from the effective date of the ordinance595.11Condition of Service grantin him a permit, shall furnish to the (A) No less than ninety (90) days after Conn 11,forapproval,completeplans andtheinitia: offering of service to subscribers, specifications for the construction and opera-the operator shall make available his basic tion of his system, including transmission andmonthly service to all applicants whose resi- distribution, which insofar asistechnicallydences or commercial establishments are con- and economically practical shall call for servicetiguous to a main or lateral cable, or within to all the incorporated area of the City, as ofrange of radiowaves if radiowaves are utilized that date. Within thirty (30) days after re-for the transmission and distribution of signals. ceiving approval from Council, the operator (B) In anticipation of ultimately making all must begin all the procedures to obtain what-services available to every dwelling unit and ever agreements, if any, are required from util-commercial establishment within the corporate ity companies; and approvals from ,th,e variouslimits,regardless oflocation,in accordance City departments required herein. After obtain-with Paragraph (D), above, the operator is to ing allthese necessary agreements and ap-strive to achieve this goal as rapidly as possible, provals the operator shall begin constructionand is to keep the Council advised of all exten- of the system within one hundred eighty (180) sions of service beyond that contemplated in his days thereafter. A minimum of twenty-five (25) original plans and specifications as approved. cable miles must he constructed during each (C) All expanded service, once offered by successive year of the permit until the systemthe operator, shall be made available to all services all residential areas contemplated byapplicantswhose residencesor conunercial the approved plans and specifications. establishments are contiguous to a main or (E) The permit shall take effect and will belateral cable, or within range of radiowaves if in force from and after the earliest periodradiowaves are utilized for transmission and allowed by law, and upon the filing by thedistribution. operator with the Director of Public Utilities (0) Service to multiple-unit buildings (in- of his acceptance, in writing, of each and all ofcluding apartment houses and office buildings) the terms and provisions of this ordinance;will be subject to the permission of the owner provided, however, if the operator shall fail toor operator of each building. file such written acceptance within thirty (30) (E) Service to newly-annexed areas of the days after the passage of the ordinance byCity will be provided as quickly as is economi- Council, then the ordinance granting his per -cally feasible and technically possible. mit shall be null and void. (F) The operator shallnot, as torates, (F) If any section,sub-section, sentence,charges,service,servicefacilities,repairs, clause, phrase or portion of Chapter 595 ismaintenance, rules, regulations, or in any other for any reason held invalid or unconstitutional respect, make or grant undue preference or by any Court of competent jurisdiction, or inadvantage to any person or business, nor sub- conflict with rules and regulations of the Fed-ject any person or business to any prejudice eral Communications Commission, then suchor disfavor. portion shall be deemed a separate, distinct and independent provision of this ordinance, and595.12Permit Fees, and Payment such holding shall not affect the validity of the Thereof. remaining portions hereof. ORD. No. 779-69To amend Section 595.12 (G) Any permit granted pursuant to this of Columbus City Codes; 1959, relative to ordinance may be revoked by a simple majorityCommunity Antenna Television Systems and to vote of the Council, upon the recommendationrepeal existing Section 595.12 of Columbus City of the Director of Public Utilities, for violation of provisions of said ordinance, by giving theCodes, 1959. operator ninety (90) days notice, in writing, of Be it ordained by the Council of the City of Columbus: intention to revoke such permit unless such Section 1. That Section 595.12 of Columbus violationiscorrected during the periodof notice. City Codes, 1959, be and it is hereby amended (H) (1) The term of each permit shall beto read as follows: For a period of no more than ten (10) years,595.12Permit fees, and payment thereof. the effective date to be pursuant to Paragraph (A) The operator, for the privilege of hold- (E), above; with the right of renewal at theing a permit to operate a community antenna option of Council for succeeding periods, eachsystem in the City of Columbus, which entitles to correspond to the original period of permithim to offer his service or services, and to in- years. stall his distribution and transmission facilities (2) The operator shall he advised, in writ-in, under and over the streets, highways and ing, no less than ninety (90) days prior to theother public grounds of the City, subject to the end oftheperiod covered by hispermit,overall provisions of this ordinance, which have been conceived for the protection of the City and its citizens, shalt make payments to the '. City as follows: 776 THE CITY BULLETIN July 26, 1969

(1) The operator, each year, shall pay six for for service toitssubscribers,shall )e (6) percent of all gross receipts to the City. d mcd to be unreasonable and unjust. (2) The operator will be permitted no de- The Office of the Director of Utilities, duction from gross receipts with the exception for t purpose of ascertaining the reasonableof any direct use taxes which may be imposed ness anjustness of rates for the ser,viccs ren- in the future on a portion or all of his receipts. dered toie subscribers of a conyhunity an- Such direct use taxes, whether the result of tenna syste , may investigate and asrettain the value of t property used),)y the operailtrt legislationpassedby appropriateauthorities for services tos subscriber.4. The Office of creating new taxes or as the result of legisla- the Director oft.jiffies may make all rules tion expanding existing taxes, may be deducted and regulations whi seerh necessary to ascer- by the operator from his gross receipts. Lain the value of theoperty of a community (3) The operator shall pay a minimum fee antenna system. of 35,000.00 annually for the period of his (3.) A subscrih or aoperator may chal- permit. lenge the reasonab mess an'ustness of a rate (a) The first payment of S5,000.00 shall ac- by filing a cotaint with t Office of the -company the operator's acceptance of his per- Director of Jiffies, whereupoithe Office of mit, as required by Paragraph (E)of this the Directorf Utilities shall proc o inves- Sectic a 595.10. tigate theornplaint and hold a hea g. Such (b) The operator shall have the option of hearing gallbe preceded by a ten danotice operating under a calendar year or fiscal year of said Zearing to the operator of the comu- plan; and the minimum fee may be. prorated nity tenna system. If upon investigationnd during hisfirstyearto correspond tohis hear' tg the Director of Utilities finds an ext. books, with a like, balancing adjustment during ing rate is unreasonable or unjust it shall de- the final year of the period covered by his tmine and by order fix a reasonable and just te. initial permit. Once the operating year has been established, payment of the 55,000.00 minimum 595d3Basis of Service fee will be made within thirty (30) days fol- The service to be offered by the operator lowing the start of each new year. shall be on a solely voluntary basis on the part (e) The minimum feeis to be chargeable of the subscriber, who, if his residence or com- against the six (6)percent of gross receipts mercial establishment is contiguous to main paid annually to the City; however, the mini- or lateral cables or within range of radiowaves mum is not accumulative. if radiowaves are utilized for transmission and (B) All payments to the City under this or- distribution, may subscribe to the aforemen- dinance shall be made semi-annually with the tioned service at will. Under no circumstances year as determined by the operator pursuant to will the operator require a subscriber to pay Paragraph (3) (b) above. for service longer than the service is desired. (1) The mid-year payment may be on the 595.14 Delays basis of unaudited total gross receipts, and shall be due and payable within thirty(30) days Provisions of this section notwithstanding, of the end of the sixth month. delays in the performance of the operator's (2) The year-end payment shall be due and obligations under the ordinance which are payable within ninety (90) days after the close caused by, equipment shortages, a state of war of the operator's operating year. or national emergency, acts of God, or any (a) The operator, at the time of this pay- circumstances beyond the control of the oper- merit, shall submit complete accounting infor- ator, shall not be construed to be in violation mation to substantiate the amount of payments of the requirements set forth herein, and rea- made; certified verification will be provided to sonable extensions of time shall be granted the City Auditor, attested to by an independent therefor. audit of the operator's books. 595.15Scope of Ordinance (C) All payments to the City shall be by certified check, made payable to the City Treas- (A) This is an enabling ordinance autho- urer, and either hand-delivered or sent by reg- rizing the operation of a CATV system(s) in istered mail to the Director of Public Utilities. the City of Columbus, but it does not take the place of any-franchise, license or permit which (D) Council and the Director of Public Utili- may be additionally required by law of the ties reserve the right to reasonable inspection of operator, either currently or at some later date. the books, records, maps, plans and other like (B) It shall be the responsibility of the op- material of the operator at the office of the erator to obtain any and all such franchises, operator during normal business hours. licenses or permits necessary to the operation Sec. 2. That existing Section 595.12 of the and conduct of his business activities. Columbus City Codes, 1959, be and itis here- (C) Failure of the operator to obtain and by repealed. conform to the provisions of any and all such Sec. 3. That this ordinance shall take effect franchises, licenses or permits, and to make and be in force from and after the earliest prescribed payments if required as a condition period allowed by law. of their issuance, shall be considered in viola- Passed June 23, 1969. tion of this ordinance, and subject to the penal- WILLIAM P. HOERMLE, President of Council. Approved June 23, 1969. M. E. SENSENIII1ENNER, Mayor. Attest: HELEN M. VAN IIEYDE, City Clerk. July 26, 1969 THE CITY BULLETIN 777

ties set forth in Paragraphs 595.10 (G) andbe exercised upon recommendation of the Di- 595.99. rectorofPublicUtilities,fora thorough annual review to ascertain (1) the fain:ess of 595.16Statement of Intent the operator's rates ; and/or (2) whether the (A) Considering the concept of the "wiredfees paid to the City in previous years by the city" to be valid, and believing that it will notoperator were adequate and/or justifiable, each only become a reality in the foreseeable futureas measured against the service or services but will require a combination of cable and off-being rendered subscribers. the-air transmission for the ultimate in services, (1) It is not to be implied that Council con- the philosophy of Council is rather elementary:templates ever changing rates and/or fees, (1) In setting forth the guidelines for theeither upward or downward, authority to do operation of CATV (this, for all practical pur-so being made a part of this ordinance only as poses, being the beginning of a "wired city"),a protection for the City, its citizens and the insofar as Council may do so without being inoperator; and any such changes, if ever pro- conflict with rules and regulations of the Fed-posed, will be for just cause. eral Communications Commission, itisthe (D) In order for the operator to meet the intent to make possible the offering of a varietyprerequisites of "maximum value service" to of services, while at the same time affording thesubscribers,his system necessarily must be City and its citizens maximum protection. viable, and a worthwhile investment for own- (2) In these guidelines is recognition of theership; otherwise, operating funds for opti- right of the operator (or operators) to have amum service and sufficient additional capital profitable enterprise, and to return investedfor expansion and extension of service in the capital to stockholders with a gain. future, as both anticipated and desired by (3) In summation, the philosophy might beCouncil, will not be available. stated as one based on mutual good faith, as (1) It is to be emphasized that Council, with involving the City, its (..:tizens and the operator.such an understanding as expressed in Para- (B) Underscoring certainpertinentfactsgraph (D); above, will never act capriciously having to do with communication ventures, pri-or arbitrarily with its right of review as set marily radio and television type services, whichforth in Paragraph (C) above; and no review are considered relevant to the enabling legis-will be undertaken, no action detrimental to the lation for CATV, and which are detailed belowoperator proposed as a result of such a review, in sub-paragraphs (1), (2), (3), and (4), itwhich have been motivated by the operator's is the stated intention of Council not to imposeprofit and loss record alone, the overwhelming unreasonable ceilings on rates to subscribersissue in any and all reviews being the propriety (which in the final analysis, under the freeof charges for service versus the service itself, enterprise system, will be dictated by the sub-this being of far greater import to Council than scriber, and not by the operator or some regu-payments to the City. latory body) ; nor to specify unrealistic fees to (E) Additionally (as initially set forth in be paid by the operator to the City. sub-section 595.07 (B) re rates), no action (1) The speculative nature of a CATV sys-with respect to rates and/or fees paid to the tem required to compete in and to meet theCity will be taken without the operator being demands of a "wired city" without the benefitsgiven every opportunity to be heard by Council. (or protection) of an exclusive operator's permit, is noted, together with a need for substan-595.99Penalty tial risk capital on a long term basis. In addition to the provisions of Paragraph (2) Restricted broadcast competition for(G) of Section 595.10, having to do with revo- radio and televisionstation,a monopolisticcation of permits, this penalty shall apply: condition created by FCC allocation tables or "Whoever violates any provision of Chapter spectrum limitations, is noted. 595 of the Columbus City Codes, 1959, shall be (3) That broadcast stations pay no fees todeemed guilty of a misdemeanor and Ailed not anyone for using the public's air space for theexceeding Five Hundred Dollars ($500) transmission of their signals, is noted. "Any such violation shall constitute a sepa- (4) And that broadcast stations are sub-rate offense of each successive day continued." ject to no rules or regulations of the Federal Section 2. That this ordinance shall take government, where the right of regulation iseffect and be in force from and after the earliest solely vested, establishing maximum chargesperiod allowed by law. for advertising nor imposing a pre-determined Passed as amended April 28, 1969. rate of return on investment, are also noted. (C) Conversely, but as another facet of the WILLIAM P. HOE' ALE, mutual good faith philosophy introduced in part President of Council. in Paragraphs (A) and (B) above, it is the Approved as amended June 19, 1969. stated intention of this ordinance to require M. E. SF.NSENBRF.NNER, Mayor. maximum value service for subscribers in the Attest: HELEN M. VAN HEYDE, City; therefore, Council retains the option, to City Clerk. CITY OF COLUMBUS. OFFICE OF THE CITY CLERK

ORD. No. 779-69--To amend Section 595.12 initial permit. Once the operating year has been of Columbus City Codes, 1959, relative to established, payment of the S5,000.00 minimum Community Antenna Television Systems and to fee will be made within thirty (30) days fol- repeal existing Section 595.12 of Columbus Citylowing the start of each new year. Codes, 1959. (c) The minimum feeis to be chargeable Be it ordained by the Council of the City ofagainst the six (6)percent of gross receipts Columbus: paid annually to the City; however, the mini- Section 1. That Section 595.12 of Columbus mum is not accumulative. City Codes, 1959, be and it is hereby amended (B) All payments to the City under .this or- to read as follows: dinance shall be made semi-annually with the 595.12Permit fees, and payment thereof.year as determined by the operator pursuant to (A)The operator, for the privilege of hold- Paragraph (3) (b) above. ing a permit to operate a community antenna (1 tThe mid-year payment may be on the system in the City of Columbus, which entitles basis of unaudited total gross receipts, and shall him to offer his service or services, and to in- be due and payable within thirty(30)days stall his distribution and transmission facilitiesof the end of the sixth month. in, under and over the streets, highways and (2) the year-end payment shall be due and other public grounds of the City, subject to the payable within ninety (90) days after the close overall provisions of this ordinance, which haveof the operator's operating year. been conceived for the protection of the City (a) The operator, at the time of this pay- and itscitizens, shall make payments to thement, shall submit complete accounting infor- City as follows: mation to substantiate the amount of payments (1) The operator, each year, shall pay sixmade; certified verification will be provided to (6) percent of all gross receipts to the City.the City Auditor, attested to by an independent (2) The operator will be permitted no de- audit of the operator's books. duction from gross receipts with the exception (C) All payments to the City shall be by of any direct use taxes which may be imposedcertified check, made payable to the City Treas- in the future on a portion or all of his receipts. urer, and either hand-delivered or sent by reg- Such direct use taxes, whether the result ofistered mail to the Director of Public Utilities. legislationpassedbyappropriateauthorities (D) Council and the Director of Public Utili- creating new taxes or as the result of legisla- ties reserve the right to reasonable inspection of tion expanding existing taxes, may be deducted the books, records, maps, plans and other like by the operator from his gross receipts. material of the operator at the office of the (3) The operator shall pay a minimum feeoperator during normal business hours. of $5,000.00 annually for the period of his Sec. 2. That existing Section 595.12 of the permit. Columbus City .Codes, 1959, be and itis here- (a) The first payment of $5,000.00 shall ac- by repealed. company the operator's acceptance of his per- Sec. 3. That this ordinance shall take effect mit, as required by Paragraph (E)of thisand be in force from and afterthe earliest Section 595.10. period allowed by law. (b) The operator shall have the option of Passed June 23, 1969. operating under a calendar year or fiscal year WILLIAM P. HOERMLE, plan; and the minimum fee may be prorated President of Council. duringhisfirstyeartocorrespondtohis Approved June 23. 1969. books, with a like, balancing adjustment during M. E. SENSENBRENNER, Mayor. the finalyear of the period covered by his Attest: lirLEN M. VAN HEYDE, City Clerk. APPENDIX C

RULES AND REGULATIONS

Part 76 Cable Television Service

SEPTEMBER 1972

FEDERAL COMMUNICATIONS COMMISSION ContentsPart 76

Subpart AGeneral' Sec. Sec. 76.98 Extent of protection. 76.1 Purpose. 76.95 Exceptions. 76.3 Other pertinent rules. 76.97 Waiver petitions. 76.5 Definitions. 76.99 Grandfathering. 76.7 Special relief. 76.151Syndicated program exclusivity ; extent of protection. Subpart BApplications and 76.153Persons entitled to exclusivity. Certificates of Compliance 70.155Notification. 76.11 Certificateofcompliancere- 76.157Exclusivity contracts. quired. 70.159Grandfathering. 70.13 Filing of applications. 76.16 Who may sign applications. Subpart GCablecasting 76.18 Amendment of applications. 76.201Origination cablecasting in con- 76.20 Dismissal of applications. junctionwithcarriageof 76.25 Public notice. broadcast signals. 76.27 Objections to applications; 76.205Origination cablecasts by candi- related matters. dates for public office. 76.209Fairness doctrine ;personal at- Subpar', C Federal -State /Local tacks ; political editorials. Regulatory Relationships Lotteries. Franchise standards. 76.213 76.31 76.215Obsenity. Subpart DCarriage of Television 76.217Advertising. Broadccst Signals 76.221Sponsorship identification. 76.225Per-program or per-channel 76.51 Major television markets. Reference points. charges for reception of cable- 76.53 casts. 76.54 Significantlyviewedsignals; method to be followed for spe- 76.251Minimum channel capacity ;ac- cial showings. cess channels. 76.55 Manner of carriage. Subpart H-- General Operating Provisions for systems operating 76.57 Requirements in communities located outside of all major and smaller tele- 76.301Copies of rules. vision markets. 76.306Logging and recordkeeping re- 76.59 Provisions for smaller television quirements. markets. 76.311Equal employment opportunities. 76.01 Provisionsforfirst50 major television markets. Subpart IForms and Reports 70.63 Provisions for second 50 major 76.401Annual report of cable televis- television markets. ion systems. 76.65 Grandfathering provisions. 76.405Cable television annual financial report. Subpart E[Reserved] 76.406Computation of cable television Subpart FProgram Exclusivity annual fee. 76.91 Stations entitled to network pro- 76.409Annual employment report. gram exclusivity. 76.411Annual report of complaints.

529214 ()74 -7 RULES AND REGULATIONS § 76.5

Subpart AGeneral Telerama, Inc., 8 FCC 2d 585 (1086) ; Mission Cable TV, Inc., 4 FCC 2d 288 (1966) §76.1Purpose. ( b ) Televisionstation;television The rules and regulations set forth in broadcast station. Any television broad- this part provide for the certification of cast station operating on a channel regu- cable television systems and for their larlyassignedtoits community by operation In conformity with standards 78.606 of this chapter, and any television for carriage of television broadcadt sig- broadcast station licensed by a foreign nals, program exclusivity, cablecasting, government: Provided, however, That a access channels, and related matters. television broadcast station licensed by a §76.3Other pertinent rules. foreign government shall not be entitled Other pertinent provisions of the Com- to assert a claim to carriage or program mission's rules and regulations relating exclusivity, pursuant to Subpart D or F to the Cable Television Service are in- of this nart, but may otherwise be carried cluded In the following parts of this if consistent with the rules. chapter : (c)Television translator station. A television broadcast translator station as Part 0Commission Organisation. Part 1Practice and Procedure. defined in § 74.701 of this chapter. Part 21Domestic Public RadioServices (d) Principal conununity contour. The (Other Than Maritime Mobile). signal contour that a television station is Part 63Extension of Lines and Discontinu- required to place over its entire principal ance of Service by Carriers. community by II 73.685(a) of this chapter. Part 64Miscellaneous Rules Relatingto Common Carriers, (e) Grade A. and Grade B contours. Part 78Cable Television Relay Service. The field intensity contours defined in Part 91Industrial Radio Services. 73.688(a) of this chapter. § 76.5Definitions. (f) Specifiedzoneofatelevision (a) Cable television system (or CATV broadcast station. The area extending 35 system). Any facility that, in whole or in air miles from the reference point In the part, receives directly, or indirectly over communityto which thatstationis the air, and amplifies or otherwise modi- licensed or authorized by the Commission. fies the signals transmitting programs A list of reference points is contained in broadcast by one or more television or $ 70.58. A television broadcast station radio stations and distributes such sig- that is authorized but not operating has nals by wire or cable to subscribing mem- a specified zone that terminates eighteen bers of the public who pay for such (18) months after the initial grant of its service, but such term shall not include construction permit. (1) any such facility that serves fewer (g) Major television market. The spec- than 50 subscribers, or (2) any such facil- ified zone of a commercial television ity that serves only the residents of one station licensed to a community listed in or more apartment dwellings under com- 176.51, or a combination of such specified mon ownership, control, or management, zones where more than one community and commercial establishments located in listed. on the premises of such an apartment (h) Designated zaaimunity in a major house. television market. A community listed in § 76.51. Nara :In general, each separate and dis- (1) Smaller television market. The spec- tinct community or municipal entity (including unincorporated communities within un- ified zone of a commercial television sta- incorporatedareasand single,discrete tion licensed to a community that is not unincorporated areas) served by cable tele- listed in § 76.51. vision facilities constitutes a separate cable (j) Substantiallyduplicated. Reg- television system, even if there is a single headend and identical ownership of facilities ularly duplicated by the network pro- extending into several communities. See e.g., graming of one or more stations In a week

79 1 76.5 RULES AND REGULATIONS during the hours of 6 to 11 p.m., local one market within the United States for time, for a total of 14 or more hours. noninterconnected (i.e., nonnetwork ) (k) Significantly viewed. Viewed in television broadcast exhibition, but not other than cable television households as including live presentations. follows : (1) For a full or partial network (q) Series. A group of two or more station--- a share of viewing hours of at works which are centered around, and least 3 percent (total week hours), and a dominated by the same individual, or net weekly circulation of at least 25 per- which have the same, or substantially the cent ;and (2)for an independent sta-same, cast of principal characters or a tiona share of viewing hours of at least continuous theme or plot. 2 percent (total week hours), and a net (r) Off-network series. A series whose weekly circulation of at least 5 percent. episodes have had a national network See television exhibition in the United States Nora : Asused in this paragraph, "share or a regional network exhibition in the of viewing hours" means the total hours that relevant market. noncabletelevisionhouseholds viewedthe (s) First-run aeries. A series whose subject station during the week, expressed as episodes have had no national network a percentage of the total hours these house. holds viewed all stations during the Period. television exhibition in the United States and "net weekly circulation" means the num- and no regional network exhibition in the ber of noncable television households that relevant market. viewed the station for 5 minutes ormore (t) First-run nonseries programs. Pro- during the entire week, expressed as a percent age of the total noncable television households grams, other than series, that have had In the survey area. no national network television exhibition in the United States and no regional net- (1)Full network station. A commercial television broadcast station that gener- work exhibition in the relevant market. ally carries in weekly prime time hours (u) Prime time. The 5-hour period from 6 to 11 p.m., local time, except that 85 percent of the hours of programing offered by one of the three major national in the central time zone the relevant pe- television networks with which it has a riod shall be between the hours of 5 and primary affiliation (i.e., right of first re- 10 p.m., and in the mountain time zone fusal or first call). each station shall elect whether the period shall be 6 to 11 p.m. or 5 to 10 p.m. (m) Partial network station. A com- NOTE :Unless the Commission is notified to mercial television broadcast station that the contrary, a station in the mountaintime generally carries In prime time more than zoneshallbe presumed to have elected the 10 hours of programming per week offered 6 to 11 p.m. period. by the three major national television net- (v) Uablecasting. Programing (exclu- works, but less than the amount specified sive of broadcast signals) carried on a in paragraph (1) of this section. cable television system. See paragraphs (n) Independent station. A commercial (as), (bb), and (cc) (Classes II, III, and television broadcast station that gener- IV cable television channels) of this ally carries In prime time not more than section. 10 hours of programming per week offered (w) Originationcablecasting. Pro- by the three major national television net- graming (exclusive of broadcast signals) works. carried on a cable television system over (o) Network programming. The pro- one or more channels and subject to the graming supplied by a national or re- exclusive control of the cable operator. gional television network, commercial or ( x) Access cablecasting. Services pro- noncommercial. vided by a cable television system on its (p) Syndicated program. Any program public, educational, local government, or sold, licensed, dish-Hlted, or offered to leased channels. television station licensees in more than (y) Legally qualified candidate. Any

80 RULES AND REGULATIONS ; 76.7 person who has publicly announced that relationship within a cable television he is a candidate for nomination by a channelbetweenamplitude andfre- convention of a political party or forquency of a constant amplitude input nomination or election in a primary, spe-signal as measured at a subscriber ter- cial,orgeneralelection,municipal, minal. county, State, or national, and who meets (ee) Subscriber terminal. The cable the qualifications prescribed by the appli- television system terminal to which a cable laws to hold the office for which he subscriber's equipment is connected. Sep- is candidate, so that lie may he voted forarate terminals.may be provided for de- by the electorate directly or by means oflivery of signals of various classes. delegates or electors, and who: ( ff) System noise. That combination of (1) Has qualified for a place on theundesired and fluctuating disturbances ballot, or within a cable television channel that (2) Is eligible under the applicable law degrades the transmission of the desired to be voted for by sticker, by writing his signal and that is due to modulation proc- name on the ballot, or other method, and esses or thermal or other noise-producing (i) has been duly nominated by a politi-effects, but does not include hum and cal party which is commonly known E pd other undesired signals of discrete fre- regarded as such, or (ii) makes a sub-quency. System noise is specified in terms stantial showing that he is a bona 8deof its rms voltage or its mean power level candidate for nomination or office. ns measured In the 4 MHz bandwidth be- (z) Class I cable television channel. A tween 1.25 and 5,25 MHz above the lower signaling path provided by a cable tele-channel boundary of a cable television vision system to relay to subscriber term- channel. inals television broadcast programs that (gg) Terminal isolation. The attenu- are received off-the-air or are obtained by ation, at any subscriber terminal, between microwave or by direct connection tf, athat terminal and any other subscriber television broadcast station. terminal in the cable television system. (a) Class ii cable television channel. (hh) Visual signal level. The rms volt- A signaling path provided by a cable tele- age produced by the visual signal during vision system to deliver to subscriber terminals televisionsignals that are in- the transmission of synchronizing pulses. tended forreception by atelevision §7fl.7Special relief. broadcast receiver without the use of an (a) On petition by e cable television auxiliary decoding device and which sig- system, a franchising authority, an ap- nals are not involved in a broadcastplicant, perrnittee. or licensee of a tele- transmission path. vision broadcast, translator, or micro- (bb) Class III cable television chan-wave relay station, or by any other in- nel. A signaling path provided by a cable terested person, the Commission may television system to deliver to subscriberwaive any provision of the rules relating terminals signals that are intended for to cable television systems, impose ad- reception by equipment other than a tele- ditional or different requirements, or is- vision broadcast receiver or by a tele-sue a ruling on a complaint or disputed vision broadcast receiver only when used question. with auxiliary decoding equipment. (b) The petition may be submitted in- (cc) Class IV cable television channel. formally, by letter, but shall be accom- A signaling path provided by a cablepanied by an affidavit of service on any television system to transmit signals ofcable television system, franchising au- any type from a subscribed terminal tothority, station licensee, permiLee, or ap- anotherher pointinthe (able television plicant, or other interested person who system. may be directly affected if the relief re- (dil) Charnel frequency response. Thequested In the petition should be granted.

81 76.7 RULES AND REGULATIONS

(c)(1) The petition shall state thefacts or considerations relied on. For relief requested and may contain alterna-good cause shown, the Commission may tive requests. It shall state fully and pre- specify a shorter time for the filing of cisely all pertinent facts and considera- reply comments. tions relied on to demonstrate the need (f) The Commission, after considera- for the relief requested and to support a tion of the pleadings, may determine determination that a grant of such reliefwhether the public interest would be would serve the public interest. Factual served by the grant, in whole or in part, allegations shall be supported by affi-or denial of the request, or may bane a davit of a person or persons with actual ruling on the complaint or dispute. The knowledge of the facts, and exhibits shall Commission mayspecifyotherpro- be verified by the person who preparescedures, such as oral argument, eviden- them. tiary hearing, or further written submis- (2) A petition for a ruling on a com-sions directed to particular abcects, as plaint or disputed question shall set forthit deems appropriate. In the event that all steps taken by the parties to resolvean evidentiary hearing is required, the the problem, except where the only relief Commission will determine, on the heals sought is a clarification or interpretation of the pleadings and such other proce- of the rules. dures as it may specify, whether tem- (8) If a petition involves more thanporary relief should be afforded any one cable television community, three (8) party pending the hearing and the nature copies of it should be filed for each suchof any such temporary relief. community, in addition to the number of (g) Where a petition for waiver of the copies otherwise required to be filed pur- provisions of ;176.57(a), 76.59(a), 76.- suant to 1 1.51 of this chapter. 61(a), or 76.63(a), is filed within fifteen (d)Interested persons may submit(15) days after a request for carriage, comments or opposition to the petition a cable television system need not carry within thirty (30) days after it has been the signal of the requesting station pend- filed. For good cause shown in the peti-ing the Commission's ruling on the petition, the Commission may, by letter ortion or on the question of temporary re- telegram ko known interested persons, lief pending further proceedings. specify a shorter time for such submis- (b) On a finding that the public in- sions. Comments or oppositions shall beterest so requires, the Commission may served on petitioner and on all personsdetermine that a cable television system listed in petitioner's affidavit of service, operating or proposing to operate in a and shall contain a detailed full showing, community located outside of the 48 supported by affidavit, of any facts orcontiguous states shall comply with pro- considerations relied on. visions of Subparts D, F, and G of this (e) The petitioner may file a reply part in addition to the provisions thereof to the comments or oppositions withinotherwise applicable. In such instances, twenty (20) days after their submis-any additional signal carriage that is au- sion, which shall be served on all perthorised shall be deemed to be pursuant sons who have filed pleadings and shallto the appropriate provision of *178.61 also contain a detailed full showing, (b) or 76.63(a) (as it relates to 176.61 supported by affidavit, of any additional (b) ).

82 RULES AND REGULATIONS $ 76.18

Subpart BApplications and to carry one or more television signals Certificates of Compliance prior to March 81, 1972, but did not commence such carriage prior to that $76.11Certificateofcompliancere- date), an application for certificate of quired. compliance shall include: (a) No cable television system shall (1) The name and mailing address of commence operations or add a television the operator of the proposed system, com- broadcast signal to existing operations munity and area to be served, television unless it receives a certificate of compli-signals to be carried (other than those ance from the Commission. permitted to be carried pursuant to (b) No cable television system law- 76.61(b) (2) (II)or f 76.68(a)(as it fully carrying television broadcast signalsrelated to 176.61(b) (2) (I1) ), proposed in a community prior to March 81, 1972,date on which cable operations will com- shall continue carriage of such signals mence,and,ifapplicable,astate- beyond the end of its current franchisement that microwave radio facilities are period or March 81,1977, whicheverto be used to relay one or more signals; occurs first, unless it receives a certificate (2) A oopy of FCC Form 825, "Annual of compliance. Report of Cable Television Systems," (c) A cable television system to whichsupplying the information requested as paragraph (b) of this section applies maythough the cable system were already in continue to carry television broadcastoperation as proposed ; signals after expiration of the period (8) A copy of the franchise, license, specified therein, if an rpplication forpermit, or certificate granted to con- certificate is filed at least thirty (80) struct and ope.ate a cable television days prior to the date on which a certi- system ; ficate would otherwise be required and (4) A statement that explains how the the Commission has not acted on the ap- proposed system's franchise and its plane plication. for availability and administration of ac- (d) A certificate of compliance that is cess channels and other nonbroadcast ca- granted pursuant to this section shall beble services are consistent with the pro- valid until the unamended expiration date of the franchise under which the visions of ft 76.81, 76.201, and 76.251; Nom: If the proposed system's franchise certificated cable television system is op- was Issued prior to March 31, 1972, only erating or will operate, unless the Com- substantial consistency with the provisions of mission otherwise orders. A cable sys- 16.81 need be demonstrated in the state- tem may continue to carry television ment required in subparagraph (4), until the broadcast signals after the expiration of endofthecurrentfranchiseperiod,or its certificate, if an application for a March 81, 1977, whichever occurs first. new certificate is filed at least thirty (6) A statement that explains, in terms (80) days prior to the expiration dateof the provisions of Subpart D of this of the existing certificate and the Com-part, how carriage of the proposed tele- mission has not acted on the application. vision signals is consistent with those provisions, including any special showings 76.13Filing of applications. as to whether a signal is significantly No standard form is prescribed in con- viewed (see76.54 (b) ) ; nection with the filing of an application (6) An affidavit of service of the infor a certificate of compliance ; however,formation described in subparagraph (1) three (8) copies of the following infor-of this paragraph on the licensee or per- mation must be provided: mittee of any television broadcast station (a) For a cable television system not within whose predicted Grade B contour operationalpriorto March 81,1972 or specified zone the community of the (other than *Totems that were authorised system is located, in whole or in part, the

83 §70.18 RULES AND REGULATIONS

licensee or permittee of any 100-watt or (b) (2) OW, and, if applicable, a state- higher power television translator station ment that microwave relay facilities are licensed to the community of the system,to be used to relay one or more signals; the superintendent of schools in the com- (2) If the system has not commenced munity of the system, and any local oroperations but has been authorised to state educational television authorities ; carry one or more television signals, a (7) A statement that a copy of the copy of FCC Form 325, "Annual Report of complete application has been served on Cable Television Systems," supplying the the franchising authority, and that if information requested as though the cable such application is not made available system were already in operation as pro- for public inspection by the franchising posed ; authority, the applicant will provide for (3) If the system has not commenced public inspection of the application at any operations but has been authorized to accessible place (such as a public library, carry one or more television signals, a public registry for documents, or an at- copy of the franchise, license, permit, or torney's office) in the community of the certificate granted to construct and oper- system at any time during regular busi- ate a cable television system, and a state- ness hours ; ment that explains how the system's (8) A statement of the proposed sys-franchise is substantially consistent with tem'sequalemploymentopportunity the provisions of § 76.31; program, as described in § 76.311. How- NOTIE : If only substantial consistency with ever, if the operator of the proposed sys- the provisions of 176.91 is demonstrated in tem believes that the system will (con- the statement required in subparagraph (8), a tinuously during January, February, and certificate of compliance that Is granted pursuant to 1 76.11 shall be valid only until the March of the year following commence- end of the system's current franchise period, ment of operations) satisfy the conditions or March 81, 1977, whichever occurs first. in § 76.311(c) (1) (1) (b), he may submit a statement justifying that conclusion in (4) A statement that explains how the lieu of a statement of the proposed sys- system's plans for availability and ad- tem's equal employment opportunity pro- ministration of access channels and other gram. nonbroadcast cable services are consist- (9) A statement that the filing fee ent with the provisions of §§ 76.201 and prescribed in * 1.1110 of this chapter is 76.251; attached. (5) A statement that explains, in terms (b) For a cable television system that of the provisions of Subpart I) of this proposes to add a television signal to ex- part, how carriage of the television sig- isting operations, or that was authorized nals not previously authorized is consist- to carry one or more television signals ent with those provisions, including any prior to March 31, 1972, but did not com- special showings as to whether a signal is mence such carriage prior to that date, significantly viewed (see § 70.54(b)) ; an application for certificate of compli- (6) An affidavit of service of the in- ance shall include : formation described in subparagraph (1) (1) The name and mailing address of of this paragraph on the parties named in the system, conmmunity and area served paragraph (a ) (6) of this section: or to be served, television signals already (7) A statement that a copy of the com- being carried, television signals author- plete application has been served on the ized to be carried but not carried priorfranchising authority, and that if such to March 31, 1972, television signals not application is not made available for pub- previously authorizri and now proposed lic inspection by the franchising author- to be carried (other than those permitted ity, the applicant will provide for public to be carried pursuant to § 76.61 ( b ) (2) inspection of the application at any acces- (it) or 0 76.03(a) (as it relates to * 76.61 sible place (such as a public library, pub-

84 RULES AND REGULATIONS § 76.18 lie registry for documents, or an at- (6) A statement that the filing fee pre- torney's office) in the community of the scribed in§ 1.1116 of this chapter is system at any time during regular busi- attached. ness hours ; NOW :As used in I 76.13, the term "pre- (8) A statement that the filing fee pre- dieted Grade B contour" means the field In- [scribedin§ 1.1116 of this chapter IS tensity contour defined in73.683(0 of this attached. chapter, the location of which Is determined exclusively by means of the calculations pre- (c) For a cable television system seek- scribed In I 73.684 of this chapter. ing certification of existing operations in accordance with § 76.11(b), an applica- § 76.16 Who may sign applications. tion for certificate of compliance shall (a) Applications for certificates of com- include: pliance, amendments thereto, and related (1) The name and mailing address of statements of fact required by the Com- the system, community and area served, mission shall be personally signed by the television signals being carried (otherapplicant, If the applicant is an indi- than those permitted to be carried pur-vidual; by one of the partners, if the suant to ¢ 76.01(b) (2) (ii) or § 76.63(a) applicant is r partnership; by an officer. (as it relates to § 76.61(b) (2) (ii)), tele- if the applicant is a corporation ; or by a vision signals authorized or certified to member who is an officer, if the applicant he carried but not being carried, date on is an unincorporated association. Appli- which operations commenced, and date cations, amendments, and related state- on which its current- franchise expires; ments of fact filed on behalf of Govern- (2) A copy of the franchise, license, ment entities shall be signed by such duly permit, or certificate under which the sys- elected or appointed officials as may be tem will operate upon Commission certifi- competent to do so under the laws of the cation (if such franchise has not previously been filed), and a statement that applicable jurisdiction. explains how the franchise is consistent (b) Applications, amendments thereto, with the provisions of § 76.31: and related statements of fact required (3) A statement that explains how the by the Commission may be signed by the system's plans for availability and ad- applicant's attorney in case of the appli- ministration of access channels and other cant's physical disability or of his absence nonbroadeast cable services are consis- from from the United States. The at- tent with the provisions of §76.201 and torney shall in that event separately set 70.251; forth the reasons why the application is (4) An affidavit of service of the in- not signed by the applicant. In addition, formation described in subparagraph (1) if any matter is stated on the basis of the of this paragraph on the parties named in attorney's belief only (rather than his Paragraph (a) (6) of this section ; knowledge), he shall separately set forth (5) A statement that a copy of thehis reasons for believing that such state- complete application has been served on ments are true. the franchising authority, and that if (c) Only the original of applications, such application is not made available amendments, or related statements of for public inspection by the franchising fact need be signed ;copies may he authority, the applicant will provide for conformed. public inspection of the application at § 76.18 Amendment of applications. any accessible place (such as a public library, public registry for documents, or An application for a certificate of com- an attorney's office) in the community ofpliance may be amended an a matter of the system at any time during regularright prior to the adoption date of any business hours; final action taken by the Commission

85 a 78.20 RULES AND REGULATIONS with respect to the application, merely § 76.25Public notice. by filing three (3) copies of the amend- The Commission will give public notice ment in question duly executed in accord- of the filing of applications for certifi- ance with 1 78.18. All amendments shall cates of compliance and of amendments be served on the franchising authority, on thereto that add or delete television sig- all parties that have filed pleadings re-nals. A certificate will not be issued sponsive to the application, and, if thesooner than thirty (30) days from the addition or deletion of a television broad- date of public uotice. cast signal is Involved, on all parties served pursuant to 1 78.18. Amendments §7627 Objections to applications; re- shall be made available for public in- lated matters. spection in the same manner as the An objectionto an application for application. certificate of compliance or an amendment thereto shall be filed within thirty § 76.20Dismissal of applications. (30) days of the public notice described (a) An application for a certificate of in176.25. A reply may be filed within compliance may, upon request of the ap- twenty (20) days after an objection is plicant, be dismissed without prejudice as filed. Factual allegations shall be sup- a matter of right prior to the adoption ported by affidavit aZ a person or persons date of any final action taken by the with actual knowledge of the facts, and Commission with respect to the applica- exhibits shall be verified by the person tion. An applicant's request for the returnwho prepares them. All pleadings shall be of an application will be regarded as aserved on the persona specified in f 78.13, request for dismissal. the cable television sy item, the franchising authority, and any other interested (b) Failure to prosecute an applica-person. Controversies concerning carriage tion, or failure to respond to official cor- (Subpart D) and program exclusivity respondence or request for additional in- (a 78.91) will be acted on in connection formation, will be cause for dismissal with the certificating process if raised Such dismissal will be without prejudicewithin thirty (30) days of the public if it occurs prior to the adoption date ofnotice;any otherobjectionwill be any final action taken by the Commis-treated as a petition for special relief sion with respect to the application. filed pursuant to a 78.7.

86 RULES AND REGULATIONS 1 76.31

Subpart CFederal-State/Local by the Commission shall be incorporated Regulatory Relationships into the franchise within one (1) year of adoption of the modification, or at the §76.31Franchise standards. time of franchise renewal, whichever oc- (a) In order to obtain a certificate of curs first. Provided, however, That, In an compliance, a proposed or existing cable application for certificate of compliance, television system shall have a franchiseconsistency with these requirements shall or other appropriate authorization that not be expected of a cable television sys- contains recitations and provisions contem that was inoperation priorto sistent with the following requirements: March 81, 1972, until the end of its cur- (1) The franchisee's legal, character, rent franchise period, or March 31, 1977, financial, technical, and other qualifica- whichever occurs first ;And provided, tions, and the adequacy and feasibility offurther, That on a petition filed pursuant its construction arrangements, have been to 176.7, in connection with an applica- approved by the franchising authority as tion for certificate of compliance, the part of a full public proceeding affording Commission may waive consistency with due process; these requirements for a cable system (2) The franchisee shall accomplish that was notinoperationpriorto significant construction within one (1) March 31, 1972, and that, relying on an year after receiving Commission certifi-existing franchise, made a significant cation, and shall thereafter equitably and financial investment or entered into bind- reasonably extend energized trunk cable ingcontractualagreementspriorto to a substantial percentage of its fran- March 31, 1972, until the end of its current chise area each year, such percentage to franchise period, or March 31,1977, be determined by the franchising author- whichever comes first. ity ; (b) The franchise fee shall be reason- (3) The initial franchise period shall able (e.g., in the range of 3-5 percent of not exceed fifteen (15) years, and anythe franchisee's gross subscriber reve- renewal franchise period shall be of rea-nues per year from cable television opera- sonable duration; tions in the community (including all forms of consideration, such as initial (4) The franchisingauthorityhas lump sum payments) ). If the franchise specified or approved the initial rates fee exceeds 3 percent of such revenues, that the franchisee charges subscribers the cable television system shall not re- for installation of equipment and regular ceive Commission certification until the subscriber services. No increases in rates reasonableness of the fee is approved by charged to subscribers shall be made ex- the Commission on showings, by the fran- cept as authorized by the franchising chisee, that it will not interfere with the authority after an appropriate public effectuation of Federal regulatory goals proceeding affording due process; in the field of cable television, and, by the (5) The franchise shall specify proce-franchising authority, that it is appro- dures for the investigation and resolution priate in light of the planned local regu- of all complaints regarding the quality of latory program. The provisions of this service,equipment malfunctions,andparagraph shall not be effective with re- similar matters, and shall require thatspect to a cable television system that the franchisee maintain a local business was in operation prior to March 31, 1972, office or agent for these purposes: until the end of its current franchise pe- (6) Any modifications of the provisions riod, or Match 31, 1977, whichever oc- of this section resulting from amendment curs first.

87/79/ RULES AND REGULATIONS § 70.51

Subpart D-- Carriage of Television (47) Greensboro-High Point-Winston Salen, N.C, Broadcast Signals (48) Salt Lake City, Utah. 76.51Major television markets. (49) Wilkes Barre-Scranton, Pa. (50) L(ttle Rock, Ark. Forpurposes of the cable television rules, the following is a list of the major (b) Second 50 major television mar- television markets and their designated kets : communities : (51) San Diego, Calif. (a) First 50 major television markets : (52) Toledo, Ohio. (53) Omaha, Nebr. (1) New York, N.Y.Linden-Paterson, N.J. (54) Tulsa, Okla. (2) LosAngeles-SanBernardino-Corona- (55) Orlando- Daytona Beach, Fla. Fontana, Calif. (56) Rochester, N.Y. (8) Chicago, (57) Harrisburg-Lancaster-York, Pa. (4) Philadelphia, Pa-Burlington, N.J. (58) Texarkana, Tex.-Shreveport, La. (5) Detroit, Mich. (59) Mobile, Ala.-Pensacola, Fla. (6) Boston-Cambridge-Worcester, Mass. (60) Davenport, Iowa-Rock Island- Moline. (7) San Francisco-Oakland-San Jose, Calif. (8) Cleveland-Lorain-Akron, Ohio. (61) Flint-Bay City-Saginaw, Mich. (9) Washington, D.C. (62) Green Bay, Wis, (10) Pittsburgh, Pa. (63) Richmond- Petersburg, Va. (11) St. Louis, Mo. (84) Springfield - Decatur- Champaign -Jack- (12) Dallas -Fort Worth, Tex. sonville, Ill. (13) Minneapolis-St. Paul, Minn. (05) Cedar Rapids-Waterloo, Iowa. (14)Baltimore,Md. (66) Des Moines-Ames, Iowa. (15) Houston, Tex. (67) Wichita-Hutchinson, Kans. (16) Indianapolis-Bloomington, Ind. (68) Jacksonville. Fla. (17) Cincinnati, Ohio-Newport, Ky. (69) Cape Girardeau, Mo.-Paducah, Ky.- (18) Atlanta, Ga. Harrisburg, Ill. (19) Hartford-New Haven Britain-Water- (70) Roanoke-Lynchburg, Va. bury, Conn. (71)Knoxville, Tenn. (20) Seattle-Tacoma, Wash. (72)Fresno, Calif. (21) Miami. FM. (73)Raleigh-Durham, N.C. (22) Kansas City, Mo. (74)Johnstown-Altoona, Pa. (23) Milwaukee, Wis. (75)Portland-Poland Spring, Maine. (24) Buffalo, N.Y. (76)Spokane, Wash. (25) Sacramento-Stockton-Modesto, Calif. (77)Jackson, Miss. (26) Memphis, Tenn. (78)Chattanooga, Tenn. (27) Columbus, Ohio. (79)Youngstown, Ohio. (28) Tampa-St. Petersburg, Fla. (80)South Bend-Elkhart, Ind. (29) Portland, Oreg. (81)Albuquerque, N. Mex. (30) Nashville, Tenn. (82)Fort Wayne-Roanoke, Ind. (31) New Orleans, La. (83)Peoria, Ill. (32) Denver, Colo. (84)Greenville-Washington-New Bern, N.C. (33) Providence, R.I.-New Bedford, Mass. (85)Sioux Falls-Mitchell, S. Dak. (34) Alhany-Scheneetady-Trop, N.Y. (88)Evansville, Ind. (35) Syrneu le, N.Y. (87)Baton Rouge, La. (36) Charleston-Huntington, W. Va. (88)Beaumont-Port Arthur, Tex. (37) Kalamazoo-Grand Rapids-Muskegon. (89)Duluth, Minn.-Superior, Wis. Battle Creek, Mich. (90)Wheeling. W. Va.-Steubenville, Ohio. (35) Louisville, Ky. (91)Lincoln-Hastings-Kearney, Nebr. (391 Oklahoma City, Okla. (92)Lansing-Onondaga, Mich. (40) Birmingham, Ala. (93)Madison, Wis. (41) Dayton-Kettering, Ohio. Columbus, Ga. (42) Charlotte, N.C. (94) (43) Phoenix-Mesa, Ariz. (95) Amarillo, Tex. (44) Norfolk-Newport News - Portsmouth. (96) Huntsville-Decatur, Ala. Hatni.ton, Va. (97) Rockford-Freeport, Ill. (45) San Antonio. Tex. (98) Fargo-Valley City, N. Dak. (46 Greenville-Spartanburg-Anderson, S.C. - (99) Monroe, La.-El Dorado, Ark. Asheville, N.C. (100) Columbia, S.C.

89 70.53 RULES AND REGULATIONS

§ 76.53Reference points. State and community Latitude Longitude To determine the boundaries of the major and smaller television markets 0 I II 0 I II CaliforniaContinued (defined inT6,5), the following list of Stockton 5730 1211716 Tulare 1231 11920 85 reference points for communities having Ventura 1647 1191723 licensedtelevisionbroadcaststations Visalia 1946 11917 SO Colorado: and/or outstanding conStruction permits Colorado Springs 5007 10449 16 Denver 4458 10459 22 shall be used. Where a community's ref- Durango 1829 10752 25 erence point is not given, the geographic Grand Junction 0406 1083354 Montrose 2844 Eli5331 coordinates of the main post office in the Pueblo 1617 10436 713 Sterling 37 29 10312 25 community shall be used. Connecticut: Bridgeport 4110 49 731122 Hartford 414612 72 40 State and community Latitude Longitude New Britain 414002 72 470498 New Haven 41 1825 72 6530 Norwich 4131 36 72 0431 0 I II 0 I II Waterbury 4133 13 73 02 81 Alabama: Delaware: Anniston 333949 4947 Wilmington 4446 75 3251 Birmingham 333101 4886 District of Columbia: Decatur 343635 5845 Washington 5351 77 00 33 Demopolis 323056 5007 Floria: Dothan 311327 23 35 Clearwater 57 56 82 4751 er 312930 2159 Dayk na Beach 1244 81 01II Florence 344806 4031 Fort Lauderdale 0711 80 08 31 Huntsville 344418 3519 Fort Myer* 38 42 8152 08 Louisville 314700 oo FortPierce 26 48 801988 Mobile 304136 0233 Gainesville 38 56 82 1919 Montgomery 322233 1831 Jacksonville 19 44 8139 42 MountCheaha State IArgo 5454 82 4732 Park 322906 85 4830 Leesburg 48 43 8152 30 Selma 21122 20 87 0115 Melbourne 0441 80 Tuscaloosa 33 05 87 as44 Miami 46 37 8011 Alaska: Ocala 1134 82 08 Anchorage 611309 149sa29 Orlando 32 42 8122 Colege 845122 1474838 Panama City 0924 85 39 Failrbanks 6450as 1474131 Pensacola 2451 8712 Juneau 581806 1342509 St. Petersburg 46 18 82 38 Mira 570258 1352012 Sarasota 20 06 82 32 Arizona: Tallahassee 26 30 8416 Flagstaff 3511 54 39 02 Tampa 56 58 82 27 Mesa 232454 11l49 41 West Palm Beach 42 36 80 03 Nogales 312014 11056 12 Phoenix 332712 11204 28 et/lebiny 31 36 84 09 Tucson 321315 11058 08 Athens 33 34 8322 Yuma 324316 11437 01 Atlanta.. 33 10 84 23 Arkansas: Augusta 83 20 8158 El Dorado 331239 92 3940 Chatsworth_ at 08 84 46 Fayetteville 360341 94 0988 Cochran 18 83 21 Fort Smith 352310 94 2536 Columbus 32 07 84 59 Jonesboro 855014 90 4211 Dawson 31 84 26 Little Rock 344442 921637 Macon 32 1832 83 37 California: Pelham . ....- . 31 42 84 09 Bakersfield 852281 110 0116 Savannah 82 42 81 05 Chico 394407 1214957 Thomasville 80 25 8358 Concord 876846 122 0151 Waycross 31 19 8221 Corona. 335235 117 3356 Wrens 83 21 82 23 El Centro 324725 115 8245 Guam: Eureka 4048CS 124 0946 Agana 13 28 23 144 45 00 Fontana 340545 117 2629 Hawaii: Fresno 364412 119 4711 Hilo 19 42 155 05 30 Quash 34OS48 117 3510 Honolulu 211836 1575148 Hanford 881951 119 3848 Walluku 205821 158 30 77 Log Angeles 340315 1181428 Idaho: Modesto 878826 120: 5044 Bse. 4783907 11811 58 Monterey 368544 1215839 Idoiaho Fella 432 39 112 02 28 Oakland 374803 122 1554 Lewiston 46 2506 117 0110 Palm Springs 834922 116 3246 Moscow 46 4358 116 59 54 Redding 403457 122 2384 Pocatello 42 5138 112 27 01 Sacramento 383457 1212941 Twin Falls 42 3825 114 2821 Salinas 364024 1218925 Illinois: Ban Bernardino.. 3406BO 1171728 Aurora 4145 22 88 18 66 San Diego 324253 117 0921 Bloomington 40 28 58 88 59 82 Ban Francisco 374639 122 2440 Carbondale 37 43 38 89 13 00 Elan Jose 372016 121 5824 Champaign 40 0705 88 1448 Ban Luis Obispo 851649 120 3934 Cicago 87 38 22 San Mateo 373408 122 1916 Decatur 39 50 37 88 57 11 Santa Barbara ...... 342518 119 415.5 Elgin 42 02 14 88 18 63 Santa Marla 345702 120 2610 Freeport 4217 57 89 37 07

90 RULES AND REGULATIONS 9 76.53

State and community Latitude Longitude State and community Latitude Longitude

o I tt a 1 1 o o ll i IllinoisContinued Maine: Harrisburg 374420 88 82 25 Augusta 44 1863 694629 Jacksonville 39 4403 90 1344 Bangor 444813 6846 18 Joliet. 41 31 37 88 04 52 Calais 45II04 67 16 43 LaSalle. 41 19 49 89 0544 Orono 4453 15 68 4012 Moline 41 30 31 90 3049 Poland Spring 44 01 42 70 2140 Mount Vernon...... 381829 88 54 26 Portland 43 39 33 7016 19 Olney 38 4347 88 05 00 Preaque Isle 40 4067 68 0052 Peoria. 40 4142 89.5533 Maryland: Quincy 39 55 59 91 24 12 Baltimore 39 17 26 76 36 45 Rockford 421007 89 05 48 Cumberland 3939 01 78 45 421 Rock Island 41 30 40 90 3424 Hagerstown 39 3839 7743 15 Springfield 89 4758 89 8851 Salisbury 3821 56 763566 Urbana 40 0641 881313 Massachusetts: Indiana: Adams 42 3730 730706 Bloomington..... 39 09 66 8681 52 Boston 42 21 24 710325 Elkhart 41 40 56 85 5815 Cambridge 4221 58 71 011 24 Evansville 3758 20 87 3421 Greenfield 42 38 15 7236 M Fort Wayne 41 04 21 85 08 26 New Bedford 41 38 13 70 155 41 Gary 41 35 59 8720 07 Springfield 4208 21 72 3532 Hammond 41 35 13 8727 43 Worcester 42 15 37 7148 17 Indianapolis 39 4607 86 0946 Michigan: Lafayette 40 25 11 86 5339 Allen Park 42 16 12 8312 67 Marion 40 83VI 86 30 411 Battle Creek 42 1858 361048 Muncie 40 11 28 85 23 16 Bay City 43 38 01 9353 15 Richmond 3949 49 86 5326 Cadillac 44 15 10 8523 52 Roanoke 40 5750 85 22 30 Cheboygan 45 38 38 84 2838 Bt. John 41 2700 872813 Detroit 42 19 44 83 0257 South Bend 41 40 33 8615 01 Escanaba ss 4445 8703 18 Terre Haute 8928 03 872426 Flint 4300 60 8341 33 Vincennes 38 40 52 8731 12 Onuid BsPid° 42 58 03 86 40 13 Iowa: Jackson 42 14 43 84 24 22 Ames 4201 36 93 36 44 Kalamazoo 42 17 29 8685 14 41 158 9139 Cedar Rapids 48 48 Lansing 42 4401 8433 15 Davenport 413124 00 8421 Marquette 46 32 37 872343 Des Moines 418514 93 87 00 Mount Pleasant 4318 12 844631 Dubuque 42 29 55 90 40 08 Muskegon 43 14 17 88 1802 Fort Dodge 42 8012 94 11 05 Onondaga 42 2641 8433 43 Iowa City 41 39 27 91 31 52 Saginaw 43 2662 83 56 06 Mason City 43 09 15 9312 00 Sault Ste Marie 462988 84 2037 Sioux City 42 29 46 96 24 30 Traverse City 444847 85 3728 Waterloo 42 29 40 92 20 20 University Center.. 43 3331 835909 Kansas: Minnesota: Ensign 37 38 48 100 14 00 Alexandria 456306 96 ?239 Garden City. 37 57 54 100 52 20 Appleton 45 1200 9801 02 Good land 39 20 53 101 42 35 Austin 43 39 57 92 5820 Great Bend 38 22 04 98 45 58 Duluth 46 46 66 92 06 24 Hays 38 52 16 9919 57 Hibbing 47 26 43 92 6621 Hutchinson 38 03 11 97 55 20 ',Ianitato 440949 9400 09 Pittsburg 37 24 50 94 42 11 Minneapolis 4468 57 9318 43 Salina 38 50 36 97 36 48 Rochester 4401 21 92 2803 Topeka 39 0316 95 40 23 St. Cloud 4533 35 94 09 38 Wichita 374180 97 20 16 St. Paul 4456 60 93 06II Kentucky: Walker 47 06b7 94 3612 Ashland 38 28 36 82 38 23 Bowling Green 36 59 41 88 26 33 Mississippi: Covington 39 05 00 84 30 29 Biloxi 30 23 43 88 63 Elizabethtown 38 4138 85 6135 Bude 3127 46 90 60 40 8828 Hazard 3714 54 87 11 31 Columbus 33 29 38 02 50 84 29 46 Greenwood 338106 90 10 Lexington Gulfport 80 T2 01 5906 Louisville 38 14 47 85 45 49 90 Madisonville 3719 45 87 29 54 Jackson 3217 56 II 31 41 40 89 Moorehead 3810 53 83 26 08 Laurel 07 Murray Meridian 32 21 57 42 36 36 35 88 18 39 31 Newport 3905 23 84 29 20 Oxford 3422 00 Owensboro 87 46 27 87 06 48 State College... 332718 88 47 15 28 88 42 ()wanton 38 32 11 84 50 16 Tupelo 34 Paducah 37 0513 88 35 56 MiS3011r1: Pikesville 37 28 49 82 31 09 Cape Girardeau 1829 8931 29 Somerset 37 05 35 84 3617 Columbia 67 03 9219 46 Louisiana: Hannibal 42 24 912245 Alexandria 3118 83 92 26 47 Jefferson City. 3440 9210 24 Baton Rouge 30 26 58 911100 Joplin 0628 9430 60 Houma 29 35 al 90 43 09 Kansas City. 0458 943620 Lafayette 301324 92 01 06 Kirksville 11 37 92 3468 Lake Charles 30 13 45 9312 52 Poplar Bluff 4520 90 2388 Monroe 32 80 02 92 06 55 St. Joseph 4567 94 51 02 New Orleans 29 56 63 900410 St. Louis 3746 90 1222 Shreveport 82 30 46 98 4468 Sedalia 42 08 93 1326 West Monroe. 32 3051 92 08 13 Springfield 1303 93 1732

91 78.58 RULES AND REGULATIONS

State and community Latitude Longitude State and community Latitude Longitude

o I il 0 r 15 0 * II 0 I IS Montana: North Carolina: Anaconda 46 07 40 1126712 Ashville 85 85 42 82 33 26 Billings 48 47 00 1068004 Chapel 0111 5451 79 0311 Butte 46 01 06 1123211 Charlotte 13 44 80 50 45 Glendive 47 06 42 1014302 Columbia 35 55 06 75 IS 04 Great Falls 4729 33 1111823 Concord 35 2429 80 34 45 Helene 46 35 33 1120224 Durham 35 59 48 78 EA 00 Kalispell 48 1143 1141844 Fayetteville 0312 78 52 54 MI lee City 46 24 84 1063030 Greensboro 0417 79 47 26 Missoula 46 52 23 1135929 Greenville 36 49 77 22 22 Nebraska: Hickory 43 54 8120 20 Alblon 41 41 23 975953 High Point 6714 80 00 15 Alliance 42 06 04 1025208 Jacluronville 45 00 77 25 54 Bassett 42 3500 993210 Linville 36 04 06 815216 Grand Island 40 55 33 982023 New Bern 35 06 33 77 02 211 flutings 40 8521 982320 RaleIgh. 354688 78 3821 Hayes Center 40 30 36 10101 18 WashIngton 33 32 33 77 Cd16 Hay Springs 42 41 03 1024122 Wilmington. 841414 77 56 58 Kearney 40 4158 990403 Winston-Salem 56 05 52 801442 Lexington 40 46 30 994441 North Dakota: Lincoln 40 48 69 964215 Bismark 46 48 28 100 4717 McCook 00 12 02 1008732 Devils Lake 48 06 42 98 5120 Merriman 42 55 07 1014202 Dick:nson 48 52 SS 102 47 06 Norfolk 42 0150 972442 Fargo 52 30 96 4718 North Platte 410814 1004643 Minot 1409 1011738 Omaha 4115 42 965614 Pembina 46 58 00 9714 37 Scottsbluff 4151 40 1038900 Valley City 55 31 98 00CA Superior 40 0112 9804pp Williston 48 08 47 103 36 59 Ohio: Nevada: Akron 410600 81 30 44 Elko 50 00 1154541 Athena 30 1938 82 06 09 Henderson 36 02 00 1145857 22 37 83 39 03 Las Vegas 1160837 Bowling Green 10 20 Canton 4750 8122 37 Reno 8127 1194840 Cincinnati 39 05 07 84 30 35 New Hampshire: Cleveland 412951 814150 Berlin 44 28 20 711048 Columbia 89 57 47 83 0) 17 Durham. 43 08 02 705635 Dayton 89 45 32 84 U 43 Hanover 43 42 03 721724 K ettertng 89 41 22 84 10 07 Keene 425602 721644 Lima 404429 84 06 34 Lebanon 43 38 34 721512 Lorain 2748 821023 Littleton 18 22 7146 11 Marton 115 14 83 07 36 Manchester 59 28 712743 Newark 40 03 35 82 2415 New Jersey: Of 391028 84 4426 Atlantic City. 32 742353 Portouthsm 35 44 06 82 59 39 Burlington 40 0421 745147 SPrinlffeld 39 56 88 83 48 29 Camden 39 56 45 750720 Steubenville 40 2t42 80 38 53 Olen Ridge 40 48 16 741214 Toledo 41 39 14 83 82 39 Linden 40 37 57 741522 Youngstown. 05 57 80 39 02 Newark 14 741019 Zanesville 56 59 82 00 56 New Brunswick 38 742649 Oklahoma: Paterson 405461 740951 Ada 344524 96 40 36 Trenton 401316 744628 Ardmore ... 341018 97 07 50 Vineland 39 2213 780117 Lawton 34 36 27 98 23 41 Wildwood 38 5918 744843 Oklahoma City 28 26 973104 New Mexico: Sayre. 3517 34 99 38 23 Tulsa 0912 95 69 84 Albuquerque 36 06 01 10639OS OreMs Carlsbad 32 25 09 1041847 22 02 12413 09 Clovis 842411 1081208 Bay Corvallis 3410 1231612 Portales 3410 58 10112010 12306 20 Rowell 1043126 Eugene 03 16 33 23 47 Klamath Valle .. 4213 32 12146 32 New York: La Grande 45lo47 118 05 45 Albany 42 3901 734501 Medford 421983 122 52 31 Binghamton 42 05 CS 755447 Portland 3106 122 40 35 Buffalo 42 52 52 785221 Roeeburg. 4312 34 123 20 26 Carthage 43 58 50 753628 Salem 44 56 21 123 0159 Elmira 42 0526 764822 Pen:wive:11a: Garden City ...40 4326 738803 Allentown 40 36 11 75 2806 Ithaca 42 28 33 762942 Altoona 40 30 55 78 24 03 Jamestown 42 05 45 791440 Bethlehem 10 3757 75 2186 New York 40 45 08 735089 Cleo:Said 41 0120 78 2610 North Pole 44 28 59 785100 Erie 42 0715 80 0457 Norwood 44 45 00 755939 Harrisburg 40IS43 76 52 59 Oneonta 42 2721 750342 Hershey 401701 70 3901 Patchogue 40 45 56 780042 Johnstown. 401035 78 55 03 Plattsburgh 4442 03 732707 Lancaster 40 0225 761829 Riverhead 40 55 06 723951 Philadelphia 39 1658 75 0921 Rochester 48 09 41 773621 Pittsburgh 40 26 19 80 00 00 Schenectady 42 48 52 735624 Reeding 40 20 09 75 55 40 Syracuse 43 03 01 7600 14 4124 32 75 39 46 Utica 43 0612 751383 W8c1ralknerBnarre 4114 32 75 5317 Watertown 43 58 30 755448 York 39 5785 76 43 36 92 RULES AND REGULATIONS § 70,54

State and community Latitude Longitude State and community Latitude Longitude

0 t It 0 II Puerto Rico: Vermont: Aguadilla 182553 670018 Burlington 442834 73 1246 Arecibo 182826 66 43 39 Rutland 43 36 29 72 58 56 Caguas 181359 66 02 06 St. Johnsbury 442516 Fajardo 7201 13 181985 65 3921 Windsor 4428 38 72 23 32 Mayaguez 181216 87 08 38 Virginia: Ponce 18 61 00 66 36 58 38 48 82 11 01 San Juan 182655 66 0355 CBrishatrololttesville 88 0152 7828 50 Rhode Island: Goldvein 26 Providence 88 54 77 3919 414932 71 2441 liamPton 8701 32 76 20 32 South Carolina: 27 01 78 5207 Allendale 330030 81 1828 Lynchburg Anderson 24 51 7908 37 34SO 06 82 88 54 Norfolk a651 10 76 17 21 Charleston 324685 79 55 53 Norton 5605 Columbia 8287 31 340002 8102 00 Petersburg 13 40 7724 15 Florence 34 11 49 794606 Portsmouth 50 12 78 17 s4 Greenville 345060 82 2401 Richmond 3215 77 26 09 Spartanburg 345703 81 5806 Roanoke 79 South Dakota: 37 16 13 56 44 rgSinta bunbintodne: 0902 79 0434 Aberdeen. 452781 982903 VI Brooking s 44 1838 96 4753 Charlotte Amalie 182936 6455 53 Florence 4503 14 97 19 35 Christiansted 174444 644221 Lead 44 2107 1034603 Washington: Mitchell 434248 98 0136 Bellingham 484502 122 28 36 Pierre 442206 100 2057 Kennewick 4612 28 11908 32 Rapid City. 440452 10318 11 Lakewood Center 470737 122 Reliance 31 15 435245 99 36 18 Pasco 46 1850 119 0527 Sioux Falls 433235 96 43 35 Pullman 48 43 42 117 10 46 Vermillion 424852 9655 35 Richland 46 1636 119 1621 Tennessee: SSepsotktvle 4736 32 122 2012 Chattanooga 350241 1882 4739 32 117 25Xi Jackson 353648 49 15 Tacoma 47 14 59 12220 15 Johnston City 361904 2056 46 30 09 120 30 39 Kingsport 3682 57 33 44 WastYVikkirglininiaa: Knoxville 355739 5507 Bluefield 37 1529 111 13 20 Lexington 353858 23 31 Charleston 3821 01 8137 52 Memphis 850846 0313 Clarksburg 39 16 50 80 20 88 Nashville 360933 86 46 55 Grandview 37 4928 8104 20 Sneedville 863146 63 13 04 Huntington. 38 25 12 82 26 83 Texas: Morgantown 3987 41 795728 Abilene. 322705 99 4351 pOsrakkersHilblurg 3758 31 8108 45 Amarillo 351227 101 50 04 39 1557 8133 44 Austin 301609 9744 37 Weston 390219 80 28 05 Beaumont 300520 94 06 09 Wheeling 03 80 4320 Belton 40 04 310331 9727 39 Wisconsin: Big Spring 321503 10128 38 Eau Claire 4448 31 912949 Bryan BO 3848 96 21 31 Fond Du Lac 434635 88 26 52 College Station 308705 962041 Green Bay 44 80 48 88 00 50 Corpus Christi 274751 9723 45 Janesville 42 40 52 8901 39 Dallas 824709 96 4787 Kenosha 42 3504 8749 14 El Paso 314536 10629 11 Le Crosse 43 4848 9115 02 Fort Worth 3244 5.5 97 1944 Oalveston Madison 430423 8922 55 291810 94 4743 Milwaukee 43 0219 8754 15 Harlingen 28 11 29 974135 Rhinelander 45 38 09 892450 Houston 294526 95 21 37 Superior 46 43 14 92 06 07 Larrio 273022 99 80 30 WSUBSU 445730 8937 40 Longview 322824 9443 4.5 Wyoming: Lubbock 838505 101 60 33 Casper 4251 00 10619 22 Lufkin 312014 94 4321 Cheyenne 41(B09 1044907 Midland 815954 102 01 31 Rawlins 414723 1071437 Monohans 31 3.5 16 102 53 26 Riverton 43 0129 10823 03 Nacogodches 313613 94 39 29 Odessa...... 315049 102 22 01 l'ort Arthur 295209 93 58 01 Richardson 325708 96 4405 §76.54Significantlyviewedsignals; Rosenberg 293330 95 48 15 San Angelo 812739 100 26 03 method to be followed for special San Antonio 292537 98 29 06 showings. 322824 100 24 18 Temple 31 0602 97 20 22 Texarkana 332529 9402 34 (a)Signalsthataresignificantly Tyler 32 21 21 95 17 52 viewed in a county (and thus are deemed Victoria 284801 9700 06 Waco 313312 9704 00 to be significantly viewed within all Weslaco 260924 9759 33 Wichita Falls 335434 982J28 communities within the county) are those 1:tah: Logan 41 4403 111 50 11 that are listed in Appendix B of the ogilen 41 13 31 111 5821 Memorandum Opinion and Order on Re- Provo 40 14 07 11139 31 Salt Lake City 404523 111 5326 consideration of the Cable Television Re-

93 1.2.1 214 (, 74 § 76.55 RULES AND REGULATIONS port and Order (Docket 18307 et al.), television system, pursuant to the rules FOC 72-530. in this subpart: (h) On or after March 31, 1073, sig- (1) The signal shall he carried without nificant viewing in a cable television com- material degradation in quality (within munity for signals not shown as sig- the limitations imposed by the technical nificantly viewed under paragraph (a) of state of the art), and where applicable, in this section may be demonstrated by an accordance with the technical standards independent professional audience sur- of Subpnit K ofthispart ; vey of noncable television homes that (2) The signal shall, on request of the covers at least two weekly periods sepa-station licensee or permittee, be carried rated by at least thirty (80) days but no on the system on the channel number more than one of which shall be a week on which the station is transmitting, ex- between the months of April and Sep-cept where technically infeasible; tember. If two surveys are taken, they (3) The signal shall, on request of the shall include samples sufficient to assurestation licensee or permittee, be carried that the combined surveys result in anon the system or no more than one average figure at leaat one standard error channel. above the required viewing level. If sur- (b) Where a television broadcast sig- veys are taken for more than 2 weekly nal is cm led by a cable television sys- periods in any 12 months, all such sur- tem, pursuant to the rules In this sub- veys must be submitted and the com-part, the programs broadcast shall be bined surveys must result in an average carried in full, without deletion or altera- figure at least one standard error above tion of any portion except as required by the required viewing level. this part. (c) Notice of a survey to be made pur- (c) A cable television system need not suant to paragraph (b) of this section carry the signal of any television transla- shall be served on all licensees or per- tor station if (1) the system is carrying mittees of television broadcast stations the signal of the originating station, or within whose predicted Grade B contour (2)the community of the system is the cable community is located, in whole located, in whole or in part, within the or in part, and on all cable systems, fran- Grade B contour of a station carried on chisees. and franchise applicants in the the system whose programing is sub- cable connulmity at least thirty(30) stantially duplicated by the translator days prior to the initial survey period. station. Suchnotice shall include the name of the (d) If the community of a cable televi- survey organization and a description of sion system is located, in whole or in part, the procedures to be used. Objections to within the Grade B contour of both a survey organizations or procedures shall satellite and its parent television station, be served on the party sponsoring the sur- and if the system would otherwise be vey within twenty (20) days after receipt required to carry both of them pursuant of such notice. to the rules in this subpart, the system Nov; : With respect to those counties des- need carry only one of these signals, and ignatedby an asterisk in Appendix B of the may select between them. Memorandum Opinion and Order on Recon- § 76.57 sideration of the Cable Television Report and Provisions for systems operating Order (Docket 18397et al.), FCC 72-530, sur- in communities located outside of veys ofsignificant viewing made pursuant to allmajor and smaller television I76.54(b) may be submittedpriorto markets. March 81, 1973. A cable television system operating in a § 76.55 Manner of carriage. ommunity located wholly outside all (a) Where a television broadcast sig- major and smaller television markets, as nal is required to be carried by a cabledefined in 1 76.5, shall carry television

94 RULES ANI) REGULATIONS 176.59

broadcast signals in accordance with the system is located, in N uo I e o: in part : following provisions : (3) Commercialtelevision broadcast (a) Any such cable television system stations licensed to communities in other may carry or, on request of the relevantsmaller television markets, within whose station licensee or permittee, shall carry Grade B contours the community of the the signal's of : system is located, in whole or in part : (1) Television broadcast stations with- (4) Television broadcast stationsli- in whose Grade B contours the commu- censed to other communities which are nity of the system is located, In whole or generally considered to be part of the in part ; same smaller television market (Exam- (2) Television translator stations withple: Burlington, Vt.Plattsburgh, N.Y., 100 watts or higher power serving the television market) ; community of the system and, as to cable (5) Television translator stations with systems that commence operations or ex- 100 watts or higher power serving the pand channel capacity after March 30, community of the system and, as to cable 1972, non-commercial educational transla- systems that commence operations or ex- tor stations with 5 watts or higher power pand channel capacity after March 30, serving the community of the system. In 1972, noncommercial educational trans- addition, any cable system may elect to lator stations with 5 watts or higher pow- carry the signal of any noncommercial er serving the community of the system. educational translator station; In addition, any cable system may elect to (3) Noncommercial educational televi-carry the signal of any noncommercial sion broadcast stations within whoseeducational translator station ; specified zone the community of the sys- (6) Commercial television broadcast tem is located, in whole or in part ; stations that are significantly viewed in (4) Commercial television broadcast the community of the system. See 1 76.54. stations that are significantly viewed in (b) Any such cable television system the community of the system. See § 76.54. may carry sufficient additional signals so (b) In addition to the television broad- that, including the signals required to be cast signals carried pursuant to para- carried pursuant to paragraph (a ) of this graph (a) of this section, any such cablesection, it can provide the signals of a television system may carry any addi- full network station of each of the major tional television signals. national television networks, and of one independent television station : Provided, §76.59 Provisions for smaller television however, That, in determining how many markets. additional signals may be carried, any au- A cable television system operating in thorized but not operating television community located in whole or in part broadcast station that,if operational, within a smaller television market, aswould be required to be carried pursuant defined in§ 76.5, shall carry television to paragraph (a) (1) of this section, shall broadcast signals only in accordance with be considered to be operational for a pe- the following provisions : riod terminating 18 months after grant (a) Any such cable television system of its initial construction permit. The fol- may carry Or, on request of the relevant lowing priorities are applicable to the ad- station licensee or permitlee, shall carry ditional television signals that may be the signals of : carried : (1) Television broadcast stations with- (1) Full network stations. A cable tele- in whose specified zone the community of vision system may carry the nearest full the system is located, in whole or in part ; network stations, or the nearest in-State (2) Noncommercial educational tele- full network stations ; vision broadcast stations within whose NOTZ The Commission may waive the re- Grade B contours the community of the quirements of this subparagraph for good

95 1 76.61 RULES AND REGULATIONS rause shown In a petition tiled pursuant to partially within both one of the second 70.7. 50 major television markets and a smaller (2) Independent station. A cable tele- television market, the carriage provisions vision system may carry any independent for the second 50 major markets shall television station :Provided, however, apply. That if a signal of a station in the first § 76.61Provisions for first 50 major tele- 25 major television markets (see *76.51 vision markets. (a ) ) Is carried pursuant to this subparagraph, such signal shall be taken from A cable television system operating in one of the two closest such markets, a community located in whole or in part where such signal is available. within one of the first 50 major television markets listed in § 76.51(a) shall carry NOTO It Is not contemplated that waiver of the provisions of this subparagraph will television broadcast signals only in ac- be granted. cordance with the following provisions: (c) In addition to the noncommercial (a) Any such cable television system educational television broadcast signals may carry, or on request of the relevant carried pursuant to paragraph (a) of this station licensee or permittee, shall carry section, any such cable television system the signals of : may carry the signals of any noncom- (1)Televisionbroadcaststations mercial educational stations that are op- within whose specified zone the commu- erated by an agency of the State within nity of the system is located, in whole or which the system is located. Such system in part : Provided, however, That where may also carry any other noncommercial a cable television system is located in educational signals, in the absence of ob- the designated community of a major tele- jections filed pursuant to § 70.7 by any vision market, it shall not carry the sig- local noncommercial educational station nal of a television station licensed to a or State or local educational televisiondesignated community in another major authority. television market, unless the designated (d) In addition to the television broad- community in which the cable system is cast signals carried pursuant to para- locatedis wholly within the specified graphs (a) through (c) of this section, zone (see § 76.5(f) ) of the station, except any such cable television system may as otherwise provided in this section ; carry : (2) Noncommercial educational tele- (1) Any television stations broadcast- vision broadcast stations within whose ing predominantly in a non-English lan- Grade 13 contours the community of the guage; and system is located, in whole or in part ; (2) Any television station broadcast- (3) Television translator stations with ing a network program that will not he 100 watts or higher power serving the carried by a station normally carried on community of the system and, as to cable the system. Carriage of such additional systems that commence operations or ex- stations shall be only for the duration of pand channel capacity after March 30, the network programs not otherwise 1972, noncommercial educational trans- available, and shall not require prior Corn- lator stations with 5 watts or higher mission notification or approval in the power serving the community of the sys- certificating process. tem. In addition, any cable system may (e) Where the community of a cable elect to carry the signal of any noncom- television system is wholly or partially mercial educational translator station : within both one of the first 50 major tele- (4)Television broadcast stations li- vision markets and a smaller television censed to other designated communities market, the carriage provisions for theof the same major television market (Ex- first 50 major markets shall apply. Where ample :Cincinnati, Ohio-Newport, Ky., the community of a system is wholly ortelevision market)

96 RULES AND REGULATIONS § 70.01

(5)Commercial television broadcastthe system, or the signal of any inde- stations that are significantly viewed inpendent UHF television station. the community of the system See #78.54. NoTE: It is not contemplated that waiver (b) Any such cable television systemof the provisions of this subparagraph will may carry sufficient additional signals so be granted. that, including the signals required to be (ii) Whenever, learsuant to Subpart F carried pursuant to paragraph (a) of this of this part, a cable television system is section, it can provide the signals of a full required to delete a television program network station of earn of the majoron a signal carried pursuant to subdivi- national television networks, and of three sion (1) of this subparagraph or para- independenttelevisionstations :Pro- graph (c) of this section, or a program on vided, however, That in determining how arch a signal is primarily of local interest many additional signals may be carried, to the distant community (e.g., a local any authorized but not operating tele-news or public affairs program), such vision broadcast station that, if opera- system may, consistent with the program tional, would be required to be carriedexclusivity rules of Subpart F of this pursuant to paragraph (a) (1) of this part, substitute a program from any othe r section, shall be considered to be opera- television broadcast station. A program tional for n period terminating 18 months substituted may be carried to its com- after grant of its initial construction per- pletion, and the cable system need not re- mit. The following priorities are appli- turn to its regularly carried signal until cable to the additional television signals it can do so without interrupting a pro- that may be carried : gram already in progress. (1) Full network atationa. A cable tele- (c) After the service standards speci- vision system may carry the nearest full fied in paragraph (b) of this section have network stations, or the nearest in-Statebeen satisfied, a cable television system full network stations ; may carry two additional independent NOT6 : The Commission may waive the re- television broadcast signals, chosen in quirements of this subparagraph for good accordance with the priorities specified in cause shown In a petition flied pursuant to paragraph (b) (2) of this section: Pro- 76.7. vided, however, That the number of ad- (2) Independent A:atfons. (i) For theditionalsignals permitted under this first and second additional signals, if any, paragraph shall be reduced by the num- a cable television system may carry the ber of signals added to the system pur- signals of any independent television sta-suant to paragraph (b) of this section. tion :Provided, however, That if signals (d) In addition to the noncommercial of stations in the first 25 major televis- educational television broadcast signals ion markets (see § 76.51 (a ) ) are carried carried pursuant to paragraph (a) of this pursuant to this subparagraph, such sig- section, any such cable television system nals shall be taken from one or both ofmay carry the signals of any noncommer- the two closest such markets, where such cial educational stations that are oper- signals are available. If a third addi-ated by an agency of the State within tional signal may he carried, a system which the system is located. Such system shall carry time signal of any independent may also carry any other noncommercial UHF television station located within 200 educational signals, in the absence of ob- air utiles of the reference point for thejection filed pursuant to f 76.7 by any community of the system (see § 70.53),local noncommercial educational station or, if there is no such station, either the or State or local educational television signal Of any independent VHF televisionauthority. station located within 200 air miles of (e) Zr'. addition to the television broad- the reference point for the community of cast signals carried pursuant to pars-

97 78.88 RULES AND REGULATIONS

graphs (a) through (d) of this section, (b) Where the community of a cable any such cable television system may television system is wholly or partially carry : within both one of the second 50 major (1) Any television stations broadcast- television markets and one of the first 50 ingpredominantlyinanon-English major television markets, the carriage language; and provisions for the first 50 major markets (2) Any television station broadcast.ngshall apply. Where the community of a a network program that will not be car-system is wholly or partially within both ried by a station normally carried onone of the second 50 major television the system. Carriage of such additionalmarkets and a smaller television market, stations shall be only for the duration ofthe provisions of this section shall apply. the network programs not otherwise available, and shall not require prior § 76.85 Grandfathering provisions. Commission notification or approval In The provisions of fi 76.57, 70.59, 76.81, the certificating proues. and 78.63 shall not be deemed to require (f) Where the community of a cable the deletion of any television broadcast or television system Is wholly or partially translator signals which a cable television within both one of the first 60 major tele- system was authorized to carry or was vision markets and another television lawfully carrying prior to March 31, 1972 : market, the provisions of this section Provided, however, That if carriage of shall apply. a signal has been limited by Commission order to discrete areas of a community, 1176.63Provisions for second 50 major any expansion of service will be subject television markets. to the appropriate provisions of this sub- (a ) A cable television system operating part. If a cable television system in a in a community located In whale or in community is authorized to carry signals, part within one of the second 50 major either by virtue of specific Commission television markets listed In76,51(b) authorization or otherwise, any other shall carry television broadcast signals cable television system already operating only In accordance with the provisions of or subsequently commencing operations In S 76.61, except that in paragraph (b) of the same community Inlay carry the same a 76.61,the number of additionalin- signals. (Any such new system shall, be- dependent television signals that may before instituting service, obtain a certifi- carried is two (2). cate of compliance, pursuant to a 76.11.)

98 RULES AND REGULATIONS § 76.93

Subpart E [Reserved] $ 76.93 Extent of protection. (a) Where the network programming Subpart FProgram Exclusivity of a television station is entitled to program exclusivity,the cabletelevision 1)76.91Stations entitled to network pro-system shall, on request of the station gram exclusivity. licenseeorpermittee,refrainfrom (a) Any cable television system op-simultaneously duplicating any network erating in a community, In whole or inprogram broadcast by such station, if the part, within the Grade B contour of any cable operator has received notification television broadcast station, or withinfrom the requesting station of the date the community of a 100-watt or higher and time of its broadcast of the program power television translator station, andand the date and time of any broadcast that carries the signal of such station to be deleted, as soon as possible and in shall, on request of the station licenseeany event no later than 48 hours prior to or permittee, maintain the station's ex-the broadcast to be deleted. On request clusivity as an outlet for network pro-of the cable system, such notice shall be graming against lower priority duplicat-given no later than the Monday preceding signals, but not against signals ofing the calendar week (Sunday-Satur- equal priority, in the manner and to theday) during which exclusivity is sought. extent specified in §76.93 and 76.96. (b) Notwithstanding the provisions of (b) For purposes of this section, theparagraph (a) of this section, on request order of priority of television signals car- of a television station licensed to a com- ried by h cable television system is asmunity in the Mountain Standard Time follows: Zone that is not one of the designated (1) First, all television broadcast sta-communities in the ark 50 major televi- tions within whose principal communitysion markets, a cable television system contours the community of the system isshall refrain from duplicating any net- located, In whole or In part; work program broadcast by such station on the same day as its broadcast by the (2)Second, alltelevision broadcast station. Where a cable system is required stations within whose Grade A contours toprovide same-day program exclu- the community of the system is located, sivity, the following provisions shall be in whole or in part ; applicable: (3) Third, all television broadcast sta- (1) A cable television system need not tions within whose Grade B contours thedelete reception of a network program if, community of the system is located, in in so doing, it would leave available for whole or In part ; reception by subscribers, at any time, less (4)Fourth, all television translator than the programs of two networks (in- stations with 100 watts or higher power, cluding those broadcast by any stations licensed to the community of the system. whose signals are being carried and (c) If the signal of a television broad-whose program exclusivity is being pro- cast station licensed to a community in tected pursuant to the requirements of a smaller television market is carried by this section) ; a cable television system, pursuent to (2) A system need not delete reception 76.57(a) (4), such signal shall, on re-of a network program which is sched- quest, be afforded network program ex-uled by the network between the hours clusivity. This provision shall not be ap-of 6 and 11 p.m., eastern time, but is plicableto any signal authorized or broadcast by the station requesting dele- lawfully carried by a cable television tion, in whole or in part, outside of the system prior to March 31, 1972. period which would normally be con-

99 76.96 RULES AND REGULATIONS

sidered prime time for network program- (a) No cable television system, oper- ing in the time zone involved. ating in a community in whole or in part § 76.95Exceptions. within one of the first 50 major television Notwithstanding the requirements of markets, shall carry a syndicated pro- § 76.93: gram, pursuant to § 76.61 (b), (c), (d), (a) A cable television system need not or (e), for a period of 1 year from the delete reception of any program which date that program is first licensed or sold would be carried on the system in color as a syndicated program to a television but will he broadcast in black and white station in the United States for television by the station requesting deletion. broadcast exhibition ; (b) The Commission will give full ef- (b). No cable television system, oper- fect to private agreements between op- ating in a community in whole or in part erators of cable television systems and within a major television market, shall local television stations which provide for carry a syndicated program. pursuant to a type or degree of network exclusivity§§ 76.61 (b), (c), (d), or (e), or 76.63 which differs from the requirements of (a) (as it refers to 1 76.61 (b), (c), (d), 11 76.91 and 76.93. or (e)), while a commercial television station licensed to a designated com- § 76.97Waiver petitions. munity in that market has exclusive Where a petition for waiver of the broadcast exhibition rights (both over- provisions of §§ 76.91 and 7693 is flied the-air and by cable) to that program: within fifteen (15) days after a request Provided, however, That if a commercial for program exclusivity is received by the station licensed to a designated com- operator of a cable television system,munity in one of the second 50 major such system need not provide program ex- television markets has such exclusive clusivity pending the Commission's nil-rights, a cable television system located ing on the petition or on the question In whole or in part within the market of of temporaryrelief pending further such station may carry such syndicated proceedings. program in the following circumstances: § 76.99Grandfathering. (1) If the program is carried by the cable television system in prime time and The provisions of §76.91, 76.93, 76.151, and 76.153 shall not be deemed to deprive will not also be broadcast by a com- a television station whose signal was mercial market station in prime time dur- carried by a cable television system prior ing the period for which there is exclusivity for the program ; to March 31, 1972, of the nonnetwork program exclusivity rights that such station (2) For off-network series programs: had on March 30. 1972; Provided, how- (i)Priortothefirstnonnetwork ever, That such exclusivity rights shall broadcast in the market of an episode In extend only to simultaneous duplication the series; of programing by lower priority television (il) After a nonnetwork first-run of the stations, unless the station whose ex-series in the market or after 1 year from elusivity rights are at issue is entitled to the date of the first nonnetwork broadcast same-day network program exclusivity in the market of an episode in the series, Pursuant to § 76.93(b), in which case that whichever occurs first ; station shall also be entitled to continued (3) For first-run series programs: same-day nonnetwork program exclu- (I) Prior to the first broadcast in the sivity. market of an episode in the series; (it) After two (2) years from the first § 76.151Syndicated program exclusiv- broadcast in the market of an episode In ity; extent of protection. the series; Upon receiving notification pursuant to (4) For first-run, nonseries programs: 76.155: (i) Prior to the date the program is

100 RULES AND REGULATIONS (I 76.15,5

available for broadcast in the marketcable system of the exclusivity sought in under the provision of any contract oraccordance with the requirements of license of a television broadcast station § 76.165. In the market ; (c) In order to be entitled to exclusiv- (ii) After two (2) years from the dateity for a program under § 76.151(b), a of such first availability ; television station 'must have an exclusive (5) For feature films: right to broadcast that program against (1) Prior to the date such film is avail- all other television stations licensed to able for nonnetwork broadcast in thethe same designated community and market under the provisions of any con-against broadcast signal cable carriage tract or license of a television broadcast of that program in the cable system com- station in the market; munity: Provided, however, That such (iA) Two (2) years after the date ofexclusivity will not be recognized in a such first availability ; designated community of another major (6) For other programs :1 day after ',revision market unless such community the first nonnetwork broadcast in the ....illy within the television market of market or 1 year from the date of pur- the station seeking exclusivity. In hyphen- chase of the program for nonnetwork ated markets, exclusivity will be recog- broadcast in the market, whichever occurs nized beyond the specified zone of a sta- first. tion only to the extent the station has exclusivity against other stations in the NOTE :Forpurposes of 76.151, a aeries will be treated as a unit, that is: designated communities of the market. In (1) No episode of a aeries (including an such instances, exclusivity to the extent a episode in a different packageofprograms 111 station has obtained it will be recognized the same merles) may be carried by a cable within the specified zones of such other television system, pursuant to {1 76.61(b), stations. It shall be presumed that broad- (c), (d), or (e) or 76.53(a) (as It refers to 76.61 (b), (c), (d), or (e)) while any epi- cast rights acquired prior to March 31, sodes of the series are subject to exclusivity 1972, are exclusive for the spetified zones protection. of all stations in the market in which the (11) Inthe second 50 majortelevision station is located. markets, no exclusivity will be afforded a different package of programs Inthe same A 76.155Notification. series after the initial exclusivity period has terminated. (a)Syndicated program exclusivity NOTE 2 : As used In this section, the phrase notifications shall include the following "broadcast In the market" or "broadcast by amarket station" refers to a broadcast by a Information: television station licensed to a designated (1) For purposes of 176.151(a) : community in the market. (i) The name and address of the copy- §76.:S3Parties entitled to exclusivity.right holder requesting exclusivity ; (it) The name of the program or series (a) Oopyright holders of syndicated for which exclusivity is sought ; programs shall be entitled to the exclu- (iii) The date of first sale or license sivity provided by A 76.151(a). In order of the program for television broadcast to receive such exclusivity, the copyright as a syndicated program in the United holder shall notify each cable system ofStates. the exclusivity sought in accordance with (2) For purposes of § 76.151(b) : the requircusents of A 76.155. (i) The name and address of the tele- (b) Television broadcast stations li- vision broadcast station requesting ex- censed to designated communities in the clusivity ; major television markets shall be entitled (11) The name of the program or series to the exclusivity provided by A 76.151for which exclusivity is sought ; (b), In order to receive such exclusivity, (iii) The dates on which exclusivity is such television stations shall notify each to commence and terminate;

101 76.157 RULES AND REGULATIONS

(iv) As to programs to be deleted from and any information otherwise relied on signals regularly carried by the system pursuanttoparagraph(d)ofthis pursuant to if 76.61 (b), (c), (d), or (e) section. and 76.63(n) (as it refers to 1 76.61 (b) , (d) In determining which programs (c), (d), or (e)) : the name of the pro- must be deleted from a television signal gram; the call letters of the station from when such information is sot required to which the deletion is to be made; and be provided pursuant to paragraph (a) the date, time, and duration of the of this section, a cable television system deletion. Information, once supplied pur- may rely on information from any of the suant to subparagraphs (2)(1),(ii), followingsourcespublished or made (iii), or (3) of this paragraph, need not available during the week the deletion is be repeated in any notification supplying to be made or during the prior week: the information required by this sub- (I) Newspapers or journals of general paragraph. circulation in the service area of a tele- (3) For purposes of 1 76.151 (b) (as it vision station whose programs may be relates to television stations licensed to subject to deletion; designated communities in the second 50 (ii) A television station whose pro- major television markets), the following grams may be subject to deletion; information shall be supplied in addition (ill) Any television station requesting to that required by subparagraph (2) of exclusivity. this paragraph : § 76.157Exclusivity contracts. (I) Whether the program will be broad- With respect to each program as to cast in prime time by the station request- which atelevisionbroadcaststation ling exclusivity during the period of pro- licensee or permittee requests exclusivity teetion provided in76.151(b) ; pursuant to II 76.151, such licensee or per- (ii) The specific rule pursuant to which mittee shall maintain in its public file an exclusivity isrequested(e.g., 76.151 exact copy of those portions of the ex- (h) (2)off -network series,1 76.151(b) clusivity contract, such portions to be (3)first-run series) ; signed by both the copyright holder and (iii) For off -network series programs, the licensee or permittee, setting forth in the number of showings contracted for, full the provisions pertinent to the dura- including the number of repeat presen- tion, nature, and extent of the exclusivity tations, if any. and the date when theterms concerning broadcast signal ex- first run is to end. hibition(whetherover-the-airor by (h) Subject 'to the provisions of para- cable) to which the parties have agreed. graph (e) of this section, notifications given pursuant to76.151 must be re- § 76.159Grandfathering. ceived no later than the Monday preced- The provisions of76.151 shall not be ing the calendar week (Sunday-Satur- deemed to require a cable television sys- day) during which exclusivity is sought. tem to delete programing from any sig- (r) Direct notice of a change in the nal that was carried prior to March 31, schedule of a television station against1972, or that any other cable television which exclusivity is sought, given to a system in the same community was carry- cable television system by a television ing prior to March 31, 1972: Provided, station seeking exclusivity, shall, if given however, That if carriage of a signal has more than 36 hours prior to the time a been limited by Commission order to dis- de'etlon is to he made, supersede prior crete areas of a community, any expan- notifications containing the information sion of service will be subject to the ap- required by paragraph (a) of this section propriate provisions of the subpart.

102 RULES AND REGULATIONS j 70.205

Subpart GCablecasting (2) Bona fide news interview, (3) Bona fide news documentary (if 78.201Origination cablecaating in con- the appearance of the candidate is In- junction with carriage of broadcast cidental to the presentation of the sub- Areal& ject or subjects covered by the news (a) No cable television system havingdocumentary), or 3,500 or more subscribers shall carry the (4) On-the-spot coverage of bona fide signal of any television broadcast sta-news events (including but not limited tion unless the system also operates to ato political conventions and activities in- significant extent as a local outlet bycidental thereto), origination cablecasting and has avail- shall not be deemed to be use of the facili- able facilities for local production andties of the system within the meaning of presentation of programs other than automated services. Such origination cable-this paragraph. casting shall be limited to one or more Nora: The Fairness Doctrine is applicable designated channels which may be used to these exempt categories. See I 76.209. for no other cablecasting purpose. (b) Rates and practices. (1) The rates. (b) No cable television system locatedif any, charged all such candidates for outside of all major television markets the same office shall be uniform, shall not shall enter into any contract, arrange-be rebated by any means direct or in- ment, or lease for use of its cablecastingdirect, and shall not exceed the charges facilities which prevents or inhibits themade for comparable origination use of use of such facilities for a substantialsuch facilities for other purposes. portion of time (including the time pe- (2) In making facilities available to riod 0-11 p.m.) for local programmingcandidates for public office no cable tele- designed to inform the public on con-vision system shall make any discrim- troversial issues of public importance. ination between candidates in charges, (c) No cable television system shallpractices, regulations, facilities, or serv- carry the signal of any television broad-ices for or in connection with the service cast station if the system engages in orig-rendered, or make or give any preference ination cablecasting, either voluntarily to any candidate for public office or sub- or pursuant to paragraph (a) of this sec-ject any such candidate to any prejudice tion,unless such cablecasting is con- or disadvantage ; nor shall any cable tele- ducted in accordance with the provisionsvision system make any contract or of H 76.205, 76.209, 76.213, 76215, 76.217, other agreement which shall have the 76.221, and 76.22Z. effect of permitting any legally qualified candidate for any public office to cable- 1)76.205Otigination cablecasts by can- cast to the exclusion of other legally dicates for public office. qualified candidates for the same public (a) General requirements. If a cable office. television system shall permit any legally (c) Records, inspections. Every cable qualified candidate for public office to use television system shall keep and permit its origination channel(s) and facilitiespublic inspection of a complete record of therefor, it shall afford equal opportuni-all requests for origination cablecasting ties to all other such candidates for thattime made by or on behalf of candidates office: Provided, however, That such sys-for public office, together with an appro- tem shall have no power of censorship priate notation showing the disposition over the material cablecast by any suchmade by the system of such requests, the candidate; And provided, further, Thatcharges made, if any, and the length and an appearance by a legally qualified can-time ofcablecast,ifthe requestis didate on any : granted. Such records shall be retained (1) Bona fide newscast, for a period of 2 years.

103 § 76.201) RULES AND REGULATIONS

(d) Time of request. A request for didates, their authorized spokesmen, or equal opportunities for use of the origi- those associated with them in the cam- nation channel (s) must be submitted to paign, on other such candidates, their the cable television system within oneauthorized spokesmen, or persons asso- (1) week of the day on which the firstciated with the candidates in the cam- prior use, giving rise to the right of equalpaign; and (3) to bona fide newscasts, opportunities, occurred :Provided, how- bona tide news interviews, and on-the-spot ever, That where a person was not acoverage of a bona fide news event (in- candidate at the time of such first prior cluding commentary or analysis contained use, he shall submit his request withinin the foregoing programs, but the pro- one (1) week of the first subsequent usevisions of paragraph (b) of this section after he has become a legally qualified shall be applicable to editorials of the candidate for the office in question. cable television system). (e) Burden of proof. A candidate re- (d) Where a cable television system, questing such equal opportunities of thein an editorial, (1) endorses or (2) op- cable television system, or complaining of poses a legally qualified candidate or can- noncompliance to the Commission, shalldidates, the system shall, within 24 hours have the burden of proving that he andafter the editorial, transmit to respec- his opponent are legally qualified candi- tively (1) the other qualified candidate dates for the same public office. or candidates for the same office, or Oil the candidate opposed in the editorial, (a) § 76209 Fairness doctrine; personal at- notification of the date, time, and channel tacks; political editorials. of the editorial ;( b) a script or tape of (a) A eable television system engag- the editorial; and (c) an offer of a rea- inginoriginationcablecastingshall sonable opportunity for a candidate or a afford reasonable opportunity for the dis- spokesman of the candidate to respond cussion of conflicting views on issues of over the system's facilities: Provided, public importance. however, That where such editorials are Nor:: See public notice, "Applicability of cablecast within 72 hours prior to the day the !raiment; Doctrine In the Handling of Con- of the election, the system shall comply troversial banes of Public Importance," 20 with the provisions of this paragraph P.R. 10415. sufficiently far in advance of the broad- (b) When, during suchorigination cast to enable the candidate or candidates cablecasting, an attack is made upon the to have a reasonable opportunity to pre- honesty, character, integrity, or like per- pare a response and to present it in a sonal qualities of an identified person or timely fashion. group, the cable television system shall, within a reasonable time and In no event § 76.213Lotteries. later than one (1) week after the attack, (a) No cable television system when transmit to the person or group attacked: engaged in origination cablecasting shall (1) Notification of the date, time, andtransmit or permit to be transmitted on identification of the cablecast;(2) a the origination cablecasting channel or script or tape (or an accurate summarychannels any advertisement of or infor- if a script or tape is not available) of the mation concerning any lottery, gift enter- attack ; and (3) an offer of a reasonableprise, or similar scheme, offering prizes opportunity to respond over the system's dependent in whole or in part upon lot or 'facilities. chance, or any list of the prizes drawn or (c) The provisions of paragraph (b) ofawarded by means of any such lottery, this section shall not h applicable: (1) gift enterprise, or scheme, whether said To attacks on foreign groups or foreign list contains any part or all of such prizes. public figures ;(2) to personal attacks (b) The determination whether a par- which are made by legally qualified can- ticular program comes within the pro-

104 RULES AND REGULATIONS § 70.221 visions of paragraph (a ) of this section engaged in origination cablecasting pre- depends on the facts of each case. How-sents any matter for which money, serv- ever, the Commission will In any event ices, or other valuable consideration is consider that. a program comes within the either directly or indirectly paid or prom- provisions of paragraph is ) of this sec-ised to, or charged or received by, such tion if in connection with such program a system, the system shall make an an- prize consisting of money or thing ofnouncement that such matter is spon- value is awarded to any person whosesored, paid for, or furnished, either in selection is dependent in whole or in part whole orinpart, and by whom or upon lot or chance, it as a condition ofon whose behalf such consideration was winning or competing for such prize, such supplied: Provided, however, That "serv- winner or winners are required to fur- ice or other valuable consideration" shall nish any money or thing of value or are not include any service or property fur- required to have in their possession anynished without charge or at a nominal product sold, manufactured, furnished, or charge for use on, or in connection with, distributed by a sponsor of a programsuch cablecasting unlessitis so fur- cablecast on the system in question. nished as consideration for an identifi- 1)76.215Obscenity. cation in a cablecast of any person, product, service, trademark, or brand name No cable television system when en- beyond an identification which is reason- gaged in origination cablecasting shallably related to the use of such service or transmit or permit to be transmitted onproperty on the cablecast. the origination cablecasting channel or (h) Each system engaged in origination channels material thatisobscene or cablecastingshallexercise reasonable indecent. diligence to obtain from its employees, § 76.217Advertising. and from other persons with whom it deals directly in connection with any pro- A cable television system engaged in gram matter for origination cablecasting, origination cablecast programming may information to enable it to make the an- present advertising material at the begin- nouncement required by this section. ning and conclusion of each such program (c) In the case of any political program and at natural intermissions or breaksor any program involving the discussion within a cablecast :Provided, however, of public controversial issues for which That the system itself does not interruptany films, records, transcriptions, talent, the presentation of program material inscript, or other material or services of order to intersperse advertising: Andany kind are furnished, either directly or provided, farther, That advertising ma-indirectly, to a cable television system as terial is not presented on or in connec-an inducement to the origination cable- t ion with origination cablecasting in any casting of such program, an announce- other manner. ment to this effect shall be made at the Nora : The term "natural Intermissions or beginning and conclusion of such pro- breaks within a cablecast" means any natural gram : Provided, however, That only one intermission In the program material which Is beyond the control of the cable television such announcement need be made in the operator, such as time-out In a sporting event, case of any such program of five (5) an Intermissionina concert or dramatic minutes' duration or less, either at the performance, a recess in a city council meet- beginning or conclusion of the program. ing, an intermission in a long motion picture which was present nt the time of theatre (d) The announcements required by exhibition, etc. this section are waived with respect to feature motion picture films produced § 76.221Sponsorship identification. initially and primarily for theater exhi- (a) When n cable television system bition.

105 76.225 RULES AND REGULATIONS

1)76.225Per-programorper-channel (2) years before proposed showing on charges for reception of cablecasts.cable television in a community and the (a) Origination or access cablecastingevent was at that time televised on con- operations for which a per-program orventional television in that community, it per-channel charge is made shall complyshall not be cablecast. with the following requirements: Nara 1: In determining whether a sports (1) Feature films shall not be cable- event has been televised in a community on a nonsubscription basis, only commercial telecast which have had general release in vision broadcast stations which place a Grade theaters anywhere in the United States A contour over the entire community will be more than two (2) years prior to their considered. Such stations need not necessarily cablecastProvided, however,That dur- be licensed to serve that community. Nova 2: The manner in which this subpara- ing 1 week of each calendar month one graphwillbe administered and in which feature film the general release of which "sports," "sports events," and "televised live occurred more than ten (10) years pre- on a nonsubscription regular basis" will be viously may be cablecast, and more than construed is explained in paragraphs 288- 305 in Fourth Report and Order in DOcket a single showing of such film may be made No. 11279, 15 FCC 2d 486. during that week :Provided, further,That feature films the general release of which (3) No series type of program with occurred between two (2) and ten (10)interconnected plot or substantially the years before proposed cablecast may besame cast of principal characters shall cablecast upon a convincing showing to be cablecast. the Commisison that bona fide attempt (4) Not more than 90 percent of the has been made to sell the films for con-total cablecast programing hours shall ventionaltelevisionbroadcasting andconsist of feature films and sports events that they have been refused, or that thecombined. The percentage calculations owner of the broadcast rights to the filmsmay be made on a yearly basis, but, ab- will not permit them to be televised onsent a showing of good cause, the percent- conventional television because he hasage of such programing hours may not been unable to work out satisfactory ar-excee95 percent of the total cablecast rangements concerning editing for pre- programing hours In any calendar month. sentation thereon, or perhaps because he (5)No commercial advertising an- intends never to show them on conven-nouncements shall be canned on such tional television since to do so might im-channels during such operations except, pair their repetitive box office potentialbefore and after such programs, for pro- in the future. motion of other programs for which a per- NOV: : As used in this subparagraph, "gen- program or per-channel charge is made. eral release" means the first-run showing of § 76.251 Minimum channel capacity; ac- a feature film in a theatre or theatres in an area, on a nonreserved-seat basis, with con- cess channels. tinuous performances. For first-run showing (a) No cable television system operat- of feature films on a nonreserred-seat basis which are not considered to be "general re- ing in a community located in whole or lease" for purposes of this subparagraph, see in part within a major television market, note 56 in Fourth Report and Order in Docket as defined in76.5, shall carry the signal No. 11279, 15 FCC 2d 486. of any television broadcast station unless (2) Sports events shall not he cable-the system also complies with the follow- cast which have been televised live on aing requirements concerning the avail- nonsubscription,regularbasisintheabilityand administritionof access community during the two (2) years pre-channels : ceding their proposed cablecast:Pro- (1) Minimum channel capacity. Each vided, however,That if the last regular such system shall have at least 120 'MHz occurrence of u specific event (e.g., sum-of bandwidth (the equivalent of 20 tele- mer lymple games) was more than twovision broadcast channels) available for

106 RULES ANI) REGULATIONS § 76.251 immediate or potential use for the totality percentoftheweekdays( Monday- of cable services to be offered ; Friday) for 80 percent of the time during (2) Equivalent amount of bandwidth. any consecutive 3-hour period for 6 con- For each Class I cable channel that is secutive weeks, such system shall have 6 utilized, such system shall be capable of months in which to make a new channel providing an additional channel, 6 MHz In available for any or all of the above- width, suitable for transmission of Classdescribed purposes; II or Class III signals (see § 76.5 for (9) Program content control. Each such cable channel definitions) ; system shall exercise no control over pro- (3) Two-way communication.. Each gram content on any of the channels de- such system shall maintain a plant hav- scribed in subparagraphs (4) through (7) ing technical capacity for nonvolce return of this paragraph ; however, this limita- communications; tion shall not prevent it from taking ap- (4) Public access channel. Each such propriate steps to insure compliance with system shall maintain at least one spe- the operating rules described In subpara- cially designated, noncommercial public graph (11) of this paragraph ; access channel available on a first-come, (10) Assessment of costs. (i) From the nondiscriminatorybasis.The system commencement of cable television service shall maintain and have available forin the community of such system until public use at least the minimal equip-five (5) years after completion of the ment and facilities necessary for the pro-system's basic trunk line, the channels duction of programing for such a channel.described in subparagraphs (5) and (6) See also § 76.201; of this paragraph shall be made avail- (5) Education access channel. Each able without charge. such system shall maintain at least one (ii) One of the public access channels specially designated channel for use bydescribed in subparagraph (4) of this local educational authorities; paragraph shall always be made avail- (6) Local government access channel. able without charge, except that produc- Each such system shall maintain at least tion costs may be assessed for live studio one specially designated channel for local presentations exceeding 5 minutes. Such government uses; production costs and any fees for use of (7) Leased access channels. Having other public access channels shall be con- satisfied the origination cablecasting re-sistent with the goal of affording the quirements of § 76.201, and the require- public a low-cost means of television ments of subparagraphs (4),(5), and access ; (6) of this paragraph for specially desig- (11) Operating rules. (i) For the pub- nated access channels, such system shall lic access channel (s), such syStem shall offer other portions of its nonbroadcast establish rules requiring first-come non- bandwidth, including unused portions ofdiscriminatory access; prohibiting the the specially designated channels, forpresentation of : Any advertising mate- leased access services. However, these rial designed to promote the sale of com- leased channel operations shall be under-mercial products or services (including taken with the express understanding advertising by or on behalf of candidates that they are subject to displacement if for public office) ;lottery information ; there is a deniand to use the channels for and obscene or indecent matter (modeled their specially designated purposes. On after the prohibitions in El 76.213 and at least one of the leased channels. Pri- 76.215,respectively) ;and permitting ority shall be given part-time users; public inspection of a compelte record of (51 Expansion of access channel ca- the names and adresses of all persons or pacity. Whenever all of the channels de- groups requesting access time. Such a scribed in subparagraphs (4) through (7) record shall be retained for a period of 2 of this paragraph are in use during 80 years.

107 § 76.261 RULES AND REGULATIONS

(it) For the educational access chan- corning the number of such channels for nel (a), such system shall establish rulessystems in operation prior to March 81, prohibiting the presentation of: Any ad- 1972, shall continue in effect. vertising material designed to promote (b) No cable television system oper- the sale of commercial products or serv- ating in a community located wholly ices (including advertising by or on be-outside of all major television markets half of candidates for public office) ; lot- shall be required by a local entity to ex- tery Information ; and obscene or indecent ceed the provisions concerning the avail- matter (modeled after the prohibitions In ability and administration of access chan- PI 76.213 and 76.215, respectively) and nels contained In paragraph (a) of this permitting public ineaection of a complete section. If a system providea any access record of the names and addresses ofprograming, it shall comply with para- all persons or groups requesting accessgraph (a)(9), (10), and (11) of this time. Such a record shall be retained for section. a period of 2 years. (c) The provisions of this section shall (ill) For the leased channel(s), such apply to all cable television systems that system shall establish rules requiring commence operations on or after March first-come, nondiscriminatory access; pro-31, 1972, in a community located in whole hibiting the presentation of lottery infor-or in part within a major television mation and obscene or indecent matter market. Systems that commenced opera- (modeled after the prohibitions In §§ 76.- How prior to March 31, 1972, shall com- 213 and 76.215, respectively) ; requiringply on or before March 81, 1977: Pro- sponsorship identification (see i 76.221) ; vided, however, That, if such systems specifying an appropriate rate schedule; begin to provide any of the access serv- and permitting public inspection of a ices described above at an earlier date, complete record of the names and ad-they shall comply with paragraph (a) (9), dresses of all persons or groups request- (10), and (11) of this section at that ing time. Such a record shall be retained time: And provided, further, That if such for a period of 2 years. systems receive certificates of compliance (iv) The operating rules governingto add television signals to their opera- public access, educational, and leasedtions at an earlier date, pursuant to channels shall be flied with the Commis- § 76.61(b) or (c), or76.63(a) (as It re- sion within 90 days after a system firstlatest to § 76.61(b) or (c)), for each such activates any such channels, and shall be signal added, such systems shall provide available for public inspection at the one (1) access channel in the following system's offices. Except on specific au-order of priority (1) public access, (2) thorization, or with respect to the opera-education access, (3) local government tion of the local government access chan-access, and (4) leased accessand shall nel, no local entity shall prescribe anycomply with the appropriaterequire- other rules concerning the number orments of paragraphs (a) (4)-(7) and manner of operation of access channels; (a) (9)-(11) of this section with respect however,franchisespecilleatioze,con- thereto.

108 RULES AND REGULATIONS § 76.311

Subpart HGeneral -Operating Where a cable system or a headquarters Requirements office has employees whose duties are related to the operation of a cable tele- §76.301Copies of rules. vision relay station, these employees shall The operator of a cable television sys- be considered employees of the cable system shall have a current copy of Part tem or headquarters office employment 76, and is expected to be familiar with unit for purposes of this section. the rules governing cable television sys- (a) General policy.Equal opportunity tems. Copies of the Commission's rules in employment shall be afforded by all may be obtained from the Superintendent operators of cable television systems to all of Documents, Government Printing Of- qualified persons, and no person shall be fice, Washington, D.C. 20402, at nominal discriminated against in employment be- cos;. cause of race, color, religion, national § 76.305Logging and recordkeeping re- origin, or sex. quirements. (b)Equal employment opportunitypro- (a) Carriage of certain television sig- gram. (1) Each cable television system nals.(1) A cable television system oper- shall establish, maintain, and carry out a ating in a communitylocated inwhole or positive continuing program of specific in part within a major television market practices designed to assure equal oppor- shall keep and permit public inspection tunity in every aspect of system employ- of a record of all television signals car- ment policy and practice. ried pursuant to §§ 76.61 (b), (c), (d). or (2) Under the terms of its program, a (e) or 76.63(a)(asit refers to § 76.61 system shall: (b), (c), (d), or (e)). Such record shall (i) Define the responsibility of each include the call letters and location of level of management to insure a positive each such station whose signals are car-application and vigorous enforcement of ried, the date and specific starting and the policy of equal opportunity, and es- ending time of such carriage, and the tablish a procedure to review and control names of the programs scheduled to be managerial and supervisory performance ; shown. This record shall be retained for (ii) Inform its employees and recots. a period of 2 years. nized employee organizations of the posi- (2) Thin paragraph shall be applicable tive equal employment opportunity policy only to television signals whose carriage and program and enlist their cooperation ; commenced on or after March 31, 1972. (iii) Communicate the system's equal (I,)Origination cablecasts by candi- employment opportunity policy and pro- dates for public office.See § 76.205(c). gram and its employment needs to sources (e) Public access channels.See § 76.251 of qualified applicants without regard to (a)(11). race, color, religion, national origin, or ( d) Educational access channels.See sex, and solicit their recruitment assist- § 76.251 ( a ) ( 11 ). ance on a continuing basis ; (e) Leased access channels.See § 76.- (iv) Conduct a continuing program to 251(a ) (11). exclude every form of prejudice or dis- (f)Equal employment opportunities. crimination based upon race, color, re- See §76.311 ( f ) . ligion, national origin, or sex from the system's personnel policies and practices § 76.311Equal employment opportuni- and working conditions ; ties. (v) Conduct continuing review of job The following provisions apply to all structure and employment practices and operators of cable television systems, both adopt positive recruitment, training, job in that capacity and as licensees or per- design, and other measures needed to as- mittees of cable television relay stations. sure genuine equality of opportunity to

109 529.14 0 - 71 § 78.811 RULES AND REGULATIONS participate fullyinall organizationalfile a separate equal employment oppor- units, occupations, and levels of responsi- tunity program statement for each head- bility in the system. quarters office if that trfilee ban five or (3) Where two or more cable television more full-time employees, and its work in systems under common ownership or con- primarily related to the operation of snore trol are so interrelated in theta man-than one cable television system under agement, operation, and utilization of common ownership or control. employees as to constitutes single employ- (d) It, pursuant to (b) of this sub- ment unit, the program shall be jointly division or § 78.18(a) (.8), a cable opera- established, maintained, and carried out tor has been exempted from the require- by them. (Under other circumstances, the ment that it file an equal employment tern "single employment unit" refers to opportunity program statement, but has an Individual cable television system or failed to satisfy the conditions of that ex- to a headquarters office.) emption at any time during the first 8 (c) Additional information to be fur-months of a calendar year, it than file the nished to the Commission(1) Equal em- statement on or before May 81 of that ployment programs to be flied by opera- year. tors of systems. (I) The operator of each (2) Contents of the equal employment cable television system shall file a state- program statement. The program should ment of its equal employment opportunity reasonably address itself to cinch speetae program not later than June 30, 1972, inareas as set forth below, to the extent dicating specific practices to be followed that they are appropriate in terms of', em- in order to assure equal employment op- ployment unit size, location, etc. portunity for females, Negroes, Orientals, American Indians, and Spanish-surnamed (I)To assure nondiscrimination in Americans in such aspects of employ-employment. (a) Posting notices in the ment practices as recruitment, selection, cable operator's offices and places of em- training,placement,promotion,pay, ployment informing employees, and ap- working conditions, demotion, layoff, and plicants for employment, of their equal termination. employment opportunity rights, and their (a) Any changes or amendment to ex- right to notify the Equal Employment Op- isting programs shall be filed with theportunity Commission, the Federal Com- Commission on or before May 31 of each munications Commission, or other ap- year thereafter. propriate agency if they believe they have (b) If the system (1) has fewer thanbeen discriminated against. Where a five full-time employees, and (2) does notsignificant percentage of employees, em- ( within the meaning of paragraph (b) (3) ployment applicants, or residents of the of this section together with other cable community of a cable television system television systems constitute a single em- are Spanish-surnamed Americans, such ployment unit with an aggregate total notice should be posted in Spanish and of five or more full-time employees, an English. Similar use should be made of equal employment opportunity program other languages in such posted equal em- statement need not be filed for the em-ploymentopportunitynotices,where ployment unit which consists of or in- appropriate ; cludes the system. (b) Placing a notice in bold type on (c) ( / ) Where, pursuant to paragraph the employment application informing ib) (3) of this section, a program isprospective employees that discrimina- jointly established by two or more cabletion because of sex, race, color, religion, systems with an aggregate total of 5 oror national origin is prohibited and that marefull-timeemployees,amultiple they may notify the Equal Employment cable operator shall file a combined state-OpportunityCommission,theFederal ment. (2) A multiple cable operator shall Communications Commission, or other ap-

110 RULES AND REGULATIONS § 76.311 propriate agency If they believe they have (b) Giving minority groups and female been discriminated against; employees equal opportunity for positions (o) Placingemployment,advertise- which lead to higher positions. Inouiring ments in media that have significant cir- s to the interest and skills of all lower culation among minority-group people in paid employees with respect to any of the the recruiting area ; higher paid positions, followed by assist- (d) Recruiting through schools and ance, counselling, and effective measures colleges with significant minority-group to enable employees with Interest and po- enrollments ; tential to qualify themselves for such (e) Maintaining systematic contacts positions; with minority and human relations orga- (o) Reviewing seniority practices to nizations, leaders, and spokesmen to en- Insure that such practices are nondis- courage referral of qualified minority or criminatory and do not have a discrimi- female applicants; natory effect ; (1) Encouraging present employees to (d) Avoiding use of selection tech- refer minority or female applicants; niques or tests that have the effect of dis- (g) Making known to the appropriatecriminating against minority groups or recruitment sources in the employer's females. Immediate area that qualified minority (iv) To assure nondiscrimination in members and females are being sought other areas of employment practices. (a) for consideration whenever the cable op- Examining rates of pay and fringe benefits for present employees with equivalent erator hires. duties, and adjusting any inequities (11) To assure nondiscrimination in se- found ; lection and hiring. (a) Instructing per- (b) Providing opportunity to perform sonally those on the staff of the system overtime work on a basis that does not who make hiring decisions that all appli- discriminate against qualified minority cants for all jobs are to be consideredgroup or female employees. wlthout discrimination ; (d) Report of complaints filed against (b) Where union agreements exist, co- operators of systems. (1) All operators of operating with the union or unions in cable television systems shall submit an the development of programs to assureannual report to the Commission no later qualified minority persons or females of than May 31 of each year indleating equal opportunity for employment, and whether any complaints regarding viola- including an effective nondiscrimination tions by the operator of equal employ- clause in new or renegotiated union ment provisions of Federal, State, terri- agreements ; torial, or local law have been filed during (c) Avoiding use of selection tech-the preceding calendar year before any niques or tests that have the effect of body having competent jurisdiction. discriminating against minority groups ) The report shall stat - with respect or females. to each such complaint : The parties in- (ill)Toal.surenondiscriminatory volved. the date flied, the courts or agen- placement and promotion. (a) Instruct- cies before which The matter has been ing personally those of the system's staff heard. the appropriate file number (it who makes decisions on Vecement andany), and the respective disposition or promotion that minority employees andcurrent status of the complaint. females are to be considered without dis- (ii) Any cable operator who has filed crimination, and that job areas in which such information with the Equal Employ- there is little or no minority or femalement Opportunity Commission need not representation should be reviewed to de- do so with the Federal Communications termin? whether this results from dis-Commission, if such previous filing is crimination; indicated. § 70.811 RULES AND REGULATIONS

(e) Report of annual employment. (1) on complaints regarding violation of equal Each operator of a cable television sys- employment provisions of Federal. State, tem with five or more full-time employees territorial, or local law, and copies of all (including those whose duties are related exhibits, letters, and, other documents to the operation of a cable television filed as part thereof,all amendments relay station) shall file with the Com- thereto, all correspondence between the mission, on or before May 31 of each year, cable operator and the Commission per- on FLOC Form 8110, an annual employ-taining to the reports after they have ment report. been filed and all documents incorpo- (2) (1) Where pursuant to paragraph rated therein by reference, are open for (b) (3) of this section, an equal employ- public inspection at the offices of the ment opportunity program is jointly es- Commission. tablished by two or, more cable television (2) Records to be maintained locally systems with an aggregate total of five for public inspection by operators(t ) or more full-time employees, a combined Records to be maintained. Eszh operator (single employment unit) annual em- of a cable television system reouL7F41 to ployment report shall be filed. file annual employment reports, equal employment opportunity programs, and (H) A multiple cable operator shall file annual reports on complaints regarding a separate annual employment report for violations of equal employment provisions each headquarters office if that office has of Federal, State, territorial, or local law five or more full-time employees, and its sin,1 maintain, for public inspection, a work is primarily related to the operation file containing a copy of each such report of more than one cable television system and copies of all exhibits, letters, and under common ownership or control. other documents filed as part thereto, all (ill) Where, pursuant to subdivisions correspondence between the cable oper- (I) and (II)of this subparagraph, if ator 6.nd the 0er:3:mission pertaining to more than one annual employment report the reports after they have been filed and is filed with respect to (a) cable tele-all documents incorporated therein by vision systems under common ownership reference. An employer who is required or control, or (b) headquarters offices to file a consolidated annual employment performing work related to such systems, report shall maintain an adequately In- a multiple cable operator shall also file a dexed consolidated equal employment op- consolidated report, covering all system portunity files, containing copies of all and headquarters office employees in- the material included in the equal em- . eluded in those reports. ployment opportunity files of the head- (3) The data contained in each annual quarters offices and other employment employment report required by subpara- units reported upon in his consolidated graphs (1) and (2) (1) and (ii) of this annual employment report. paragraph shall reflect the figures from (11) Period of retention. The docu- any one payroll period in January, Febru- ments specified in subdivision (1) of this ary, or March of the year during which subparagraph shall be maintained for a the report isfiled. The same payroll period of 5 years. period should be used in each year's an- (Ili) Where maintained. The equal em- nual employment report. ployment opportunity file for a system (4)Annual employment reports re- (or a single employment unit including quired by this paragraph shall be filed on that system) shall be maintained at the or before May 31 of each year. principal workplace of the employment (f) Records available to the publicunit, or at any accessible location (r!ch (11 Commission records. A copy of every as a public registry for documents or an annual employment report, equal employ- attorney's office) in the principal commu- ment opportunity program, and reports nity served by the employment unit. The

112 RULES AND REGULATIONS 70.311 headquarters office equal employment op- ments or an attorney's office) in the com- portunity tile and the consolidated equal munity in which the office is located. The employment opportunityfileshall be employer shall provide reasonable ac- maintained (a ) respectively, at the head- commodations at these locations for un- quarters office and the principal office of disturbed inspection of his equal employ- the employer, or (b). at any accessible ment opportunity records by members of place (such as a public registry for docu- the public during regular business hours. RULES AND REGULATIONS 76.411

Subpart IForms and Reports be filed with the Commission for each cable television system, as defined in76.5, § 76.401Annual report of cable tele-on or before April 1 of each year, for the vision systems. preceding calendar year, to accompany An "Annual Report of Cable Television payment of the cable television annual Systems" (FCC Form 325) shall be filed fee. See 111 1.1101 and 1.1116. with the Commission for each cable tele- § 76.409 Annual employment report. vision system, as defined in § 70.5, on or before March 1 of each year, for the An "Annual Employment Report" (FCC preceding calendar year. Form 395) shall be filed with the Com- mission for each cable television system, § 76.405Cable television annual finan- as defined in76.5, on or before May 31 cial report. of each year, in accordance with the pro- A "Cable Television Annual Financial visions of § 76.311. Report" (FCC Form 328) shall be filed 976.411 Annual report of complaints. with the Commission for each cable television system, as defined In § 76.5, on or An "Annual Report of Complaints" before April 1 of each year, for the pre-shall be filed with the Commission for ceding calendar year : Provided, however, each cable television system, as defined in That a cable television system which com- § 76.5, on or before May 31 of each year, menced operations prior to December 1, in accordance with the provisions of 1971, may report on a fiscal year basis, in 1 76.311. This report indicates whether which case Form 326 shall be filed an- any complaints, alleging violations by the nually no more than ninety (90) days operator of equal employment provisions after the close of the system's fiscal year. of Federal, State, territorial, or local law, have been filed during the previous calen- § 76.406 Computation of cable televisiondar year before any body having com- annual fee. petent jurisdiction. A "Computation of Cable Television 78.411 added new eff.8 -1 -73; III Annual Fee"( FCC Form 326-A) shall (72)-23

115 RULES AN I) REGULATIONS § 70.501

Subpart JDiversification of Control owns 3 percent or more of the outstanding voting stock or if officers or directors of the § 76.501Cross-ownership. corporation are representatives of the Invest. (a) No cable television system (includ- went company. Holdinga by investment cm- ponies under common management shall be ing all parties under common control) aggregated. If an investment company direct. shall carry the signal of any television ly orIndirectly owns voting stockinan broadcast station if such system directly Intermediate company which in turn directly or indirectly owns, operates, controls, or or indirectly owns 50 percent or more of the voting stock of the corporation, the invest- has an interest In : ment company Khali be considered to own the (1) Anationaltelevisionnetwork K.,ne percentage ofoutstanding shoresitt (such as ABC, CBS, or NBC) ; or such corporation asItown,' of the Inter- (2) Atelevisionbroadcast mediate company :Provided, however,That station the holding of the investment company need whose predicted Grade B contour, com- not be considered where the Intermediate puted in accordance with § 73.684 of this company owns 1P101 than 50 percent of the chapter, overlaps in whole or in part the voting stock, but officers or directors of the service area of such system (i.e., the area corporation who are representatives of the Intermediate company shall he deemed to be within which the system is serving sub- representatives of the investment company. scribers) ; or (c) In cases where record and beneficial (3) A television translator station li- ownership of voting stockisnot Identical censed to the community of such system. (e.g., bank nominees holding stock as record ownersforthebenefitofmutualfonds, NOTE 1 : The word "control" as used herein brokerage houses holding stock In street name IN not limited to majority stock ownership, for the benefit of customers, trusts holding but Inclotif's actual working control in what- stock as record owners for the benefit of ever ;intoner exercised. designatedparties),the party having the NoTE 2 : The word "interest" as used herein rightto determine how the stock will he includes, In the ease of corporations, common voted will be considered to own itfor the officers or directors, and partial fns well as purposes of this section. total)ownershipinterestsrepresentedby ownership of voting stock. (b) The provisions of paragraph (a) of Ntere 3: In applying the provisions of paru- this section are not effective until Au- graph (a) of this section to the stockholders gust 10, 1973, as to ownership interests of a corporation which has more than 50 stockholders: proscribed herein if such interests were (a) only those stockholders need be con- in existence on or before July1, 1070 sidered who are officers or directors or who (e.g., if a franchise were in existence on directly or indirectly own 1 percent or more or before July 1, 19701 : of the outstanding voting stock. Provided, how. (h) Stock ownership by an Investment com- ever, That the provisions of paragraph pany as ilettned in 15 U.S.C. section 80a-3 (n) of this section are effective on Au- (commonly called a mutual fund) need be gust 10, 1970, as to such interests acquired considered onlyifItdirectly or indirectly after July 1, 1970.

117///Y RULES AND REGULATIONS § 76.605

Subpart KTechnical Standards would be viewed from a nearby subscriber terminal. A description of instru- § 76.601Performance teats. ments and procedure and a statement of (a) The operator of each cable tele- the qualifications of the person perform- vision system shall be responsible for in- ing the tests shall be included. suring that each such system is designed, (d) Successful completion of the per- installed, and operated in a manner thatformance tests required by paragraph fully complies with the provf slow of this (c) of this section does not relieve the subpart. Each system operator shall besystem of the obligation to comply with prepared to .:how, on request by an au-all pertinent technical standards at all thorized representative of the Commis- subscriber terminals. Additional tests, re- sion, that the system does, in fact, comply peat tests, or tests involving specified with the rules. subscriber terminals may be required by (b) The operator of each cable televi- the Commission in order to secure com- sion system shall maintain at its local pliance with the technical standards. office a current listing of the cable tele- (e) All of the provisions of this sec- vision channels which that system de- tion shall become effective March 31, 1972. livers to its subscribers and the station 076.605 Technical standards. or stations whose signals are delivered (a) The following requirements apply on each Class I cable television channel, to the performance of a cable television and shall specify for each subscriber the system as measured at any subscriber minimum visual signal level it maintains terminal with a matched termination, and on each Class I cable television channelto each of the Class I cable television under normal operating conditions. channels in the system: (c) The operator of each cable tele- (1) The frequency boundaries of cable vision system shall conduct complete per- tOevision channels delivered to subscriber formance tests of that system at least terminals shall conform to those set forth once each calendar year (at intervals notin § 73.603(a) of this chapter : Provided, to exceed 14 months) and shall main- however, That on special application in- tain the resulting test data on file at the cluding an adequate showing of public system's local office for at least five (5) interest, other channel arrangements may years. It shall be made available for be approved. inspection by the Commission on request. (2) The frequency of the visual carrier The performance tests shall be directed shall be maintained 1.25 MHz±25 kHz at determining the extent to which theabove the lower boundary of the cable system complies with all the technicaltelevision channel, except that, in those standards set forth in § 78.605. The tests systems that supply subscribers with a shall be made on each Class I cable tele- converter in order to facilitate delivery vision channel specified pursuant to para- of cable television channels, the frequency graph (b) of this section, and shall in- of the visual carrier at the output of clude measurements made at no less than each such converter shall be maintained three widely separated points in the sys- 1.25 MHz±250 kHz above the lower fre- tem, at least one of which is representa- quency boundary of the cable television tive of terminals most distant from the channel. system input in terms of cable distance. (3) The frequency of the aural carrier The measurements may be taken at con- shall be 4.5 MHz±1 kHz above the fre- venient monitoring points in the cablequency of the visual carrier. network :Provided, That data shall be (4) The visual signal level, across a included torelate the measured per- terminating impedance which correctly formance to the system performance as matches the internal impedance of the

119 76.606 RULES AND REGULATIONS cable system as viewed from the sub- (ii) Each signal which is first picked scriber terminals, shall be not less thanup within its predicted Grade B contour. the following appropriate value: (10) The ratio of visual signal level to Internal impedance: the rms ampittude of any coherent din- 75 ohms. turbancee such as intermodulation prod- 300 ohms. ucts or discrete-frequencyinterfering Visual signal level: signals not operating on proper offset as- 1 millivolt. signments shall not be less than 46 2 millivolts. decibels. (11). The terminal isolation provided (At other Impedance values, the mini-each subscriber shall be not less than 18 mum visual signal level shall be 40.0133decibels, but in any event, shall be sufli- Z millivolts, where Z is the appropriate impedance value.) tient to prevent reflections caused by open-circuitedorshort-circuitedsub- (5) The visual signal level on each scriber terminals from producing visible channel shall not vary more than 12picture impairments at any other sub- decibels within any 24-hour period andscriber terminal. shall be maintained within : (i) 3 decibels of the visual signal level (12) As an exception to the general of any visual carrier within 6 MHz nom-provision requiring measurements to be inal frequency separation, and made at subscriber terminals, and with- (11)12 decibels of the visual signal out regard to the class of cable television level on any other channel, and channel involved, radiation from a cable (iii) A maximum level such that sig- television system shall be measured in nal degradation due to overload in theaccordance with procedures outlined in subscriber's receiver does not occur. 76.009(h), and shall be limited as (6) The rms voltage of the aural sig-follows: nal shall be maintained between 18 and 17 decibels below the associated visual Frequencies nmltton Distance signal level. (microvol ts/ (feet) (7) The peak-to-peak variation in vis- meter) ual signal level caused by undesired low Up to and including 54 frequency disturbances (hum or repeti- MHz 15 100 tive transients) Over 64 upto and includ- generated within the ing 216 MHz 20 10 system, "r by inadequate low frequency Over 216 MHz 15 100 response, shall not exceed 5 percent of the visual signal level. (b) Cable television systems distribut- (8) The channel frequency responseing signals by using multiple cable tech- shall be within a range of ±2 decibelsniques or specialized receiving devices, for all frequencies within 1 MHz and and which, because of their basic design, +4 MHz of the visual carrier frequency.cannot comply with one or more of the (9) The ratio of visual signal level totechnical standards set forth in para- system noise, and of visual signal levelgraph (a) of this section, may be per- to any undesired cochannel television sig-mitted to operate provided that an ade- nal operating on proper offset assign- quate showing is made which establishes ment, shall be not less than 36 decibels.that the public interest is benefited. In This requirement is applicable to: such instances, the Commission may pre- (i) Each signal which is delivered byscribe special technical requirements to a cable television system to subscribersensure that subscribers to such systems within the predicted Grade B contour forare provided with a good quality of that signal, or service.

120 iturDs AND REGULATIONS 1 70.609

(c) Paragraph (a) (12) of this section to demonstrate system performance or shod become effective March 31, 1972. All may specify the use of different test other provlsions of this section shall be- procedures. come effective in accordance with the (d) The frequency response of a cable following schedule : television channel ny,.v be determined Effective by one of the follow -ng methods, as date appropriate: Cable television systems in op- (1) By using a swept frequency or a eration prior to March 31, manually variable signal generator at the 11172 Mar. 31,1977 Coble television systeina com- sending end and a calibrated attenuator mencing operations on or and frequency-selective voltmeter at the after March 31, 1972 Mar. 31,1972 subscriber terminal ; or 1376.699 Measurement& (2) By using a multiburst generator and modulator at the sending end and a (a)Measurements made to demon-demodulator and oscilloscope display at strate conformity with the performance the subscriber terminal. requirements set forth in §§ 713.601 anC. (e) System noise may he measured 76.005 shall be made under conditions usingafrequency-selectivevoltmeter which reflect system performance during (field strength meter) which has been normal operations, including the effectsuitably calibrated to indicate rms noise of any microwave relay operated in theor average power level and which has a Cable Television Relay (CAR) Service known bandwidth.Withthesystem intervening between pickup antenna andoperating at normal level and with a flu cable distribution network. Amplifiers properly matched resistive termination sh di be operated at normal gains, eithersubstituted for the antenna, noise power by the insertion of appropriate signals orindications at the subscriber terminal are by manual adjustment. Special signs in- taken in succesidve increments of fre- serted in a cable television channel forquency equal to the bandwidth of the fre- measurement purposes should be oper-quency-selective voltmeter, summing the ated at levels approxiniating those usedpower indications to obtain the total noise for normal operation. Mot tones, auxil-power present over a 4 MHz hand cen- iary or substitute signals, and nontele-tered within the cable television chan- vision signals normally carried on thenel. If it is established that the noise cable television system should be oper-level is constant within this bandwidth, a tol at normal levels to the extent pos- a single measurement may be taken which sible. Some exemplary, but not mandc is corrected by an appropriate factor rep- tory. measurement procedures are set resenting the ratio of 4 MIlz to the noise forth in this section. bandwidthofthefrequency-selective (b) When it may be necessary to re-voltmeter. If an amplifier is inserted be- move the television signal normally car- tween the frequency-selective voltmeter ried on a cable television channel in orderand the subscriber terminal in order to fa- to facilitate a performance measurement,cilitate this measurement, it should have it will be permissible to disconnect thea bandwidth of at least 4 MHz and ap- antenna which serves the channel underpropriate corrections must he made to ac- measurement and to substitute thereforcount for its gain and noise figure. Alter- a matching resistance termination. Othernatively, measurements made in accord- antennas and Inputs should remain con-ance with the NCTA standard on noise nected and normal signal levels should he measurement(NCTAStandard005 - maintained on other channels. 0609) may he employed. (e) As may he necessary to ensure (f)The amplitude of discrete fre- sil t I 411 etory service to n ,:uhceriher. the . . f . fn. : _57 -;!_ f: Commission may require additional tests television channel may be determined

121 70.018 RULES AND REGULATIONS with either a spectrum analyzer or withdirectly below the system components. afrequency-selective voltmeter(field Where such placement results in a sepa- strength meter), which instruments haveration of less than 10 feet between the been calibrated for adequate accuracy. If center of the dipole antenna and the calibration accuracy Is In doubt, meas- system componentthe dipole ;hall be urements may be referenced to a cali- repositioned to provide a separation of 10 brated signal generator, or a calibratedfeet. variable attenuator, substituted at the (4) The horizontal dipole antenna shall point of measurement. If an amplifier isbe rotated about a vertical axis and the used between the subscriber terminal and maximum meter reading shall be used. the measuring instrument, appropriate (5) Measurements shall be made where corrections must be made to account for other conductors are 10 or more feet away Its gain. from the measuring antenna. (g) The terminal isolation between any two terminals in the system may be meas- [176.513Interference from a cable television system. ured by applying a signal of known amplitude to one and measuring the amplitude In the event that the operation of a of that signal at the other terminal. The cable television system causes harmful frequency of the signal should be close to interference to reception of authorized the mid-frequency of the channel being radio stations,' the operator of the system tested. shall immediately take whatever steps (h) Measurements to determine the are necessary to remedy the interference. field strength of radio frequency energy fi 76.517Responsibilityfor radiated by cable television systems shall receiver- be made In accordance with standard generated interference. engineering procedures.Measurements Interference generated by a radio or made on frequencies above 25 MHz shall television receiver shall be the responsi- include the following: bility of the receiver operator in accord- (1) A field strength meter of adequate ance with the provisions of Part 15, accuracy using a horizontal dipole an-Subpart C, of Ois chapter: Provided, tenna shall be employed. however, That the operator of a cable (2) Field strength shall be expressed television system to which the receiver is in terms of the rum value of synchroniz- connected shall be responsible for the ing peak for each cable television channel suppression of receiver-generated inter- for which radiation can be measured. ference that Is distributed by the system (3) The dipole antenna shall be placed when the interfering s1g are intro- 10 feet above the ground and positioned duced Into the system at the receiver.

122

U. S. GOVERNMENT, PRINTING OFFICE : 1974 0 - 929-214 1 I2SS PROPOSED RULES

FEDERAL COMMUNICATIONS as the situation warranted. The rulesthoroughly reviewed by this Commission COMMISSION were an attempt to create a flexibleprior to the preparation of this document. regulatory framework that took into ac-The review included a special meethin [ 47 CFR Pert 76 ] count the constant and necessary fluxheld between the Steering Committee 1FCC 74 384; 11208; Docket Nos. 20018. 200241 inherent In any emerging industry suchand the full Commission in Mildly se :;_ as cable television. The time has come,Mon on December 11, 1973. The actions CABLE TELEVISION after two years of operational experience,we are taking today are not intended to Proposed Clarification of Rules to make some modifications and' elarill-be dispositiVe of the FSLAC report. That cations of our rules to keep pace withreport did provide valuable guidance, In t lie matter of: the changing picture presented by cable'showever, in the prepartion of this docu- Amendment of Part 76 of the Com-development and to resolve whateverment. We expect to continue work thet mission's rules and regulations relativeambiguities may exist. has alreadybeeninitiated relating to the to the advisability of Federal preemption 2. Our interest in the development ofFSLAC recommendations, and future of cable television technical standardscable television is not passive. While theactions based on the FSLAC report will or the imposition of a Moratorium onbedrock of our regulatory authority overbe so noted. non-Federalstandards(DocketNo. 20018). cable clearly derives from its use of 5. We are issuing this clarification and Amendment of Part 76 of the Com-broadcast signals (see "U.S. V. South-suggesting modifications only afterit mission's rules and regulations relativewestern Cable Co.", 392 U.S. 157, "Mid-great deal of careful study and two years to all inquiry on the need for additionalwest Video v. U.S.". 406 U.S. 849) , thisof experience with the present rules, is not where our concern ends. ThisMany interrelated rule making proceed- rules in the area of public proceedingsCommission is primarily responsible forings and requests for waivers, special re- andqualificationsforfranchisees,the development and maintenance of 76.311a) ( 1 1( Docket No. 20019) . lief, or declaratory rulings have been Amendment of Part 76 of the Coin-anationwide communication systemreceived during that time. Some of those mission's rules and regulations relative(CommunicationsAct of 1934 aspending requests will be either resolved to requiring additional assurances on theamended, sec. 1). Cable television is un-or modified by our action today. establishment of line extension provi-deniably part of that system and pre- 6. This document is intended to both sumably will become a major and in-clarify our existing. rulesand policies sions In franchisesI 76.31(a)(1), (2)tegrally vital element of what many see Docket No. 20020) . and at the same time open new in- Amendment of Pa76 of the Com-as the broadband communications sys-quirieswhereappropriate.Inareas tin:.sion's rules and regulations relativetem of the future. We are concerned thatWhere a new rule is proposed or the to ;unending existing franchise durationwe do not, in our efforts to mold thechange suggested goes beyond clarifica- to lengthen maxi-communications structure of the future,tion or non-substantive modification, we rules - -I 76.31( Ito (3) unduly hamper the developing structurehave so noted It by specifically inviting mum term and impose a minimum termof today. Over-expectation and antici- t Docket No. 20021). comments and assigning a docket num- Amendment of Part 76 of the Com-patory regulation can be Just as damag-ber to the issue. As in all other notices of ing,if not more damaging, than noproposed rule making and inquiry, commission's rules and regulations relativeregulation at all. to an inquiry on the advisability of add- ments are invited from all Interested ing specific rules to 4 76.31(a) (3) regard- 3. The need for flexibility in our rulesparties. We emphasize in this regard. ingfranchiseexpiration,cancellationand a willingness to modify them ashowever, that we intend to act expedi- and continuation of service (Docket No.needed is best illustrated by the techno-tiously on these matters. While many of 20(122). logicalchangesthat haveoccurredthe issues considered today cross the Amendment of Part 76 of the Com-within the past two years. In this rela-subject matter categories employed in mission's rules and regulations relativetively short time span, we have seen thethe Cable Television Report and Order. to an inquiry on the need for new regu-development of cable television convert-we will attempt to deal with them within ers that have nearly doubled the maxi-that framework to maintain continuity. lations in the area of transfers of con-mum channel capacity. Satellite trans- trol of cable television franchises (Docketmission to cable systems has become a II. TELEVISION BROADCAST SIGNAL. No. 200231. technical reality. Two-way subscriber CARRIAGE Amendment of Part 76 of the Com-response systems have moved from the 7. We do not intend to suggest allY mission's rules and regulations relativedrawing boards to test installations. Anymodifications in our signal carriage rules toaspecificrequirementing 76.31regulations of cable television must beat this time. Several rule makings are (a) t5) that the local official responsibledesigned with enough flexibility to allowoutstanding (i.e., non-duplication RM- for subscriber complaints be identifiedfor these changes. 2275, Docket No. 19995) and will be dealt in the franchise (Docket No. 20024). with in due course. However, some gen- 4. Two years of experience in adminis-eral comments on signal carriage, par- I. INTRODUCTION tering our rules has also given us the op-ticularly as It relates to other issues in I. On February 2, 1972, the Commis-portunity to pinpoint the weakflbsses.this report, are appropriate. sion adopted the Cable Television Re-identify the areas 'creating undue con- port and Order (37 FR 3252, 36 FCC 2dfusion or misinterpretation, and cata- SIGNAL CARRIAGE; JURISDICTION 143 o. Reconsideration of Report andlogue our own mistakes. This process of 8. The fact that this Commission has Order 137 FR 13848, 36 FCC 2d 326). Inrefining our rules was significantly aidedpre-empted jurisdiction of any and all t hat report we adopted a comprehensiveby the reports submitted to us by thesignal carriage regulationisunques- ..et of new rules for most aspects of cablespecialFederal/State-LocalAdvisorytioned. Nonetheless, occasionally we re- televisionoperation. The report wasCommittee IFSLACi that was ,estab-ceiveapplicationsforcertificatesof separated into four main categories: lished for this purpose when we adoptedcompliance whichenclosefranchises a Television broadcast signal carriage; the Cable Television Report and Orderthat attempt to delineate the signals to h Access to and use of non-broadcast37 FR 3252 at 3277, Paragraph 188. Thatbe carried by the franchisee cable op- cubic channels, Including minimum channelCommittee spent more than 250 hourserator. Franchising authorities do not rapacity: in public meetings debating many of thehave any jurisdiction or authority relat- tTecItifical standards: issues we will deal with here. In many d. The appropriate division of regulatorycases, the clarification we are providinging to signal carriage. While the fran- Jurisdiction between the Federal and state-today is in response to the confusion orchiser might want to include a provision !oval levels of government. need for more specificity highlighted byrequiring the operator to curry an tag Particularly as to the last three cate-those meetings. The final report of theHale allowable under our rules. thatis gories, we stated repeatedly that newFSLAC Steering Committee' lute been regulatory concepts and procedures were Wry Retattonsilipa In avalla1,10 for o fr lllll being employed and that many of these The final report of the Steering Commit.the National Technical ItiftamintInti flerviee, rules were experimental in nature andtee of the FCC Cable Television Advisory8283 Port Royal Road, Springfield, Virginia would be clarified, modified, or changedCommittee on Federal/state-Local Regius-22151, Order No. PH 223 147.

FiDERAL RIGISTIR, VOL. 39, NO. 711.MONDAY, APRIL 22, 1974 PROPOSED RULES 1.1259 is far as the franchiser can or should go.to be dropped completely, we want to be 14. We believe that the access chim- In fact, because of the complexities ofapprised. A procedural change in 1 76.55nets we have required will eventually our nivel carriagerules,even that0)), should be sufficient to accomplishserve the public in many ways. However. ..tatement in a franchise could be trou-that emelt' we are also aware that the requirement blesome. We have been faced in some for providing these channels Imposes instances with the unfortunate situation III. Accrete To AND USE Olf NON-BROADcABTa burden ou the cable operator, peril- where, because the franchise Included CHANNELS cularlY on the small, older systems now carriage requirements inconsist- comprehensive and innovative setrequired to provide access channels and nt with our rules, we were forced toof new rules regarding cable televisieuthe new large systems that provideserv- delay the grunt of a certificate awaitingamens channels was adopted in our 1972ices to many small communities. We also amendment of the franchise. In otherregulations. In the Report and Order innote that many franchisors outride the rases, where the franchise included aD.:cket No. 18396 et al., we clearly statedmajor markets are now including access ,everabillty clause, we were able to grantthe basis and rationale for these newrequirements in their renewal proceed- t he certificate. Even in those instances,rules.: ings.' it would have been preferable had the Broadcast signals are being used as a basic franchising authority omitted the signalcomponent in the establishment of cable ACCESS ON CONCiff1MERATE SYSTEMS carriage clauses altogether. systems, and, it is therefore appropriate that 15. For the most part, our access chan- the fundamental goals of a national com- LEAPFROGGING nel requirements do not appear to be munications structure be furthered by ca-overly burdensome. To date we find no 9. We note that a further suggestion onblethe opening of new outlets for local expression, the promotion of diversity In tele-reason to alter the rule requiring at least signal carriage was made by the Federal/vision programming, the advancement offour access channels (public, educational, State-Local Advisory Committee final re-educational and instructional television andgovernment, and leased). The applica- port submitted by its Steering Commit-increased informational services of local gov- tion of that regulation, however, must. tee (hereinafter referred to as the FSernment. (Para. 121.) stand on a fle,.,ble and reasonable basis. LAC Report) .The report designates 13. We reiterated this over-all con-One issue that is being raised in this re- over-the-air signal carriage as Issue #19 gurd, and which we wish to clarify here. and states: cern for the development of cable television in the reconsideration of the Cableis the effect of the rule in multi-juris- SignalcarriagerequirementsareandTelevision Report and Order, 37 FRdictional systems. In the Cable Televi- should remain in exclusively federal jurisdic- sion Report and Order, we stated that tion. Additionally, the Committee recom-13848, 38 FCC 2d 326: mends that when there is a Joint petition by Cable Television as It grows, must" To the extent that the access the cable operator and the franchising au-be Integrated into a nationwide communi-requirements pose problems for system+ thority for a waiver of the leapfrogging rulescations structure. Were we to permit anoperating in small communities in major based onshowing of community interest,uncontrolled development of cable we wouldmarket., such systems are free to inert theCommissionshouldgiveadditionalbe breaeing our obligations under the Com-their obligations through joint build- weight to ouch petitions in considering thomunication,' Act of 1984, as amended. Thising and related programs ." Our waiver request. Commission was created, amid the chaoticintent here is to make clear that we development in the field of radio. to We agree with this position and havemake available, ao far as possible, to all thehave and will continue to entertain peti- adopted it in some cases presented to us.people of the tinittd States a rapid, efficient,tions and special showings to allow the (See Commission on Cable Television ofnationwide, and worldwide wire and radioJoint use of access channels and facili- the State of New York, 48 FCC 2d 826. 413=leations service. (Section 1,ties.(e.g., Century Cable Communica- FCC 73-1148, CSR-342). We intend to 181). As an integral part of inter-tions,Inc.,CAC-1914, FCC 74-63.) continue investigating such waiver re-state broadcast transmission, cable operatorsThere is no need, as we see it. to requests on an ad hoc bags, and, as noted"cannot have the scone sic benefits of suchquire a system providing service to a carriage et. I' Iv and be free of thelarge number of small suburban com- in the above-cited case, as we gain more - /6jurisdiction of the experience in this area, we may considerColre" .(,.}etiera/ telephone 0/ Cali -munities to have a separate public access appropriate amendments of our leap-/M - >.,: v. BIM 418 F :.41 890, 401 (CA.D.C.) channel for each one of those communi- frogging rules (II 76.59, 81 et seq.) to ac- 989), Cert. dented, 395 DB. 888. Thus, weties when in reality none of those access commodate the carriage of it 1.;.conceive it to be our obligation to considerchannels Is or would likely be fully util- nabs in some or all situations. the actual and potential services o cableized. In fact, in such a situation,It teievisioa and create a ?seders! policy whichmight be better, in terms of fostering (SIGNAL DEL: MOP insures that these services can be distrib-Public access channel use, to have one uted 450111t41117. on nationwide basis as 10. Several procedural changes havemerely one link in our oommunicationsor two channels significantly used and also been suggested in this area, particu-systems . (Para. 74.) "lit" rather than a multiplicity of chan- larly as they relate to applications for nels "dark" for a major portion of the certificates of compliance. In 1 78.13 (a) Frqm watching the development oftime because of scarcity of program- (1) and (b) (1), we require indication ofour i.g,pess program, we are now, moreming. On the other hand, we want again the algae's an operator Is authorized tothan ever, convinced of the proprietyto put all cable operators on notice that carry as well as specification of the sig-and need for such a program. Access isalthough we may grant waivers of im- nals requested to be added to that au-still in its infancy and it has a long, hardmediate provisions for access channels thorisation. In many instances, this hasstruggle ahead before It becomes an ac-we still expect and will require operators led to situations where there are clearlycepted part of the communication proc-to have sufficient channel capacity to many more signals authorized than couldess in this country. We knew this wouldmeet any reasonable demand. technically be carried or are desired. Webe the case when we instituted the rules intend to amend this rule to require that CHANNIL CAPACITY the applicant indicate, when applicable,noting: 16. Questions arising out of our chan- what signals should be deleted from the We recognize that in any matternel capacity rules 76.251 (al (1) lalso involving future projections, there are nec- authorization as well as added. tau:tarn" certain imponderabies. These accessindicate that clarification is necessary. 11. We recognize that, in many cases,rules constitute not a complete body ofOur efforts to establish minimum/maxi- the reason there are more signals au-detailed regulations but a basic frameworkmum channel capacity requirements thorized than can technically be carriedwithin which we may measure cable's tech-were based on a study of the existing is that some of those signals are only car-nological promise, assess its role in our na-technology at the time of the adoption of tionwide scheme of communications. and ried in part. This is consistent withlearn hoW to adapt its potential for ener- ;16.55(3) which simply requires that a,getic, growth to serve the public. (Para. 117.) 1We allow the addition of such require- particular program may not be altered or ments in smaller market franchisee so long deleted in part. The carriage of signals as they are consistent with and no greater not required by our rules is left te the dis- 'Formal action to effect this proceduralthan our rules for the major markets. See cretion cf the cable operator. In thoseamendment will be announced In a sepa-Cable Television Report and Order, 37 FR cases, however, where signals are goingrate Commission document. 3252, at 3272, Para. 148. II 78.251(b) .

FEDERAL REGISTER, VOL 30, NO. 76 .MONDAY, APRIL 22, 1974 f 1290 PROPOSED RULES rules. We were attetnpting to indi-scribers are being asked to subsidize the CHANNELACTIVATION cate to the industry that they must havelocal school system, government, and ac- 21, In this regard, we believeItis ,Iiinelent channel capacity to meet fore-cess groups. This was not our intent andnecessary to clarify the language of the seeable future demands, and, at the samemay, Ir. fact, hamper our efforts at foster-channel expansion formula In '16.251 I leo., we were cautioning franchising au-ing cable technology on a nationwide(a) (8) of the rules. This Section requires charities that requiring excessive tech-settle. Too often these extra equipmentthat a new designated access channel be ileal capacity Wag detrimental to ourand personnel demands become fran-made available when the first channel is -,,-1.,111 program A "20-channel" system,chise bargaining chips rather than seri-In use for a specified period of time. The eNsence, requires construction that isous community access efforts. We are"time trigger" (channel use for 80 per- lanclent, for any currently foreseeablevery hopeful that our access experimentcent of the time during any consecutive demand: that is, single cable with con-will work. We recognize the difficulties in-three-hour periodfor six consecutive vrter, dual cable. or eventually dualherent in developing access programmingweeks' applies to each channel individ- rnitile 1),iLli converter. We continue to beand will have more to say on the subjectually. For instance, if the public access oft he opinion that this is sufficient. Welater. We do not think, however, thatchannel is filled to that degree, a new note that, some communities have con-simply putting more demands on thepublic access channel must be designated templated requiring massive extra band -caoie operator will make public access aupon request regardless of she amount tt h pmiii:.'ons, such a.s operational ca-success. Access will only work, we suspect,of use being made of the other access pacity fur 120 video channels The pres-when the rest of the community assumeschannels. Additional special designated ent nee() or value of such excess has yetits responsibility to use the opportunitychannels need not be provided free of to be proved, Apparently the theory isit has been provided. charge. Reasonable charges consistent. that many discrete groups could thereby 18. In order to clarify the meaning andwith our access policy can be assessed so each have -:heir own separate accessintent of our access requirements, we willlong as the free channel in each category channel. Bowever, it appears from cur-review them here as they appear in ourremains available an a non-discrimina- rent experience that. for now, the morerules, tory basis. ::11ccessitil iicress experiments are those 19. Sections 76.251(a)( I) and (2), as TWO-WAY where a cooperative effort is made bynoted earlier, are meant to assure that pron./ groups to fill an access channel.any new cable system being built is de- 22. In § 78.251(0131, we require that The advantage of such cooperation issigned with sufficient capacity for anythe technical capacity for non-voice re- that it results in the channel's use for aforeseeable future demand. We thinkturn communication be designed into airy substantial portion of the day so thatthe-,e rules adequately meet that goal andnew cable facility affected by the rule'. viewers become accustomed to seeingsee no need to modify them. It shouldWe fully explain the rationale for this programming originate on the channelbe noted, however, that we recognize thatrequirement in Paras. 128, and 129 of the as a normal course of events rather thanin some cases strict application of theseReport and Order. This rule does not as an occasional special event. The pro-rules would not be reasonable. This isrequire that the cable system be opera- visionfor snecIal access channels forparticularly true where, because an oldertional in the return anode. Once again. vn rious discrete groups may. we fearsystem is already carrying a great num-as in the case of channel capacity, we work to their detriment in that ratherber of grandfathered signals, or a newwant to make sure that new systems than pooling their efforts to program onesystem must carry a large number ofbeing built will be able to meet all pres- channel. each will go Its separate way"local" stations, a system would have toent and foreseeable future service obli- and ultimately none may succeed. Wehave an inordinately large channel ca-gations without if" need for significant envisioned and continue to promote thepacity in order to double its bandwidthrebuilding or delay. We arc aware that ;It concept of pooled facilities. For instance,pursuant to § '16.251 (a) <2). We will con-present there are few, if any. proven. the school systems in a community shouldtinue to entertain waiver requests in sucheconomically viable uses for two-wnv be able to cooperate to program an edu-circumstances. This does not mean, how-cable communications. To require opera- atioilat channel. Their time and re-ever, that a waiver will be granted to al-tional two-way systems atthistune. .oiurees would be better spent and morelow a system to continue operating with-therefore, might impose unreasonable effectively utilized by Joint effort than byout any extracapacity.All systemscosts on the cable operator. In some cases. each demanding his own channel andcovered by our rules will have to havewe have noted that franchisingauthori- then not being able to fully utilize it. sufficient capacity to meet their accesstiesare requiring the immediate opera- obligations and have some capacity lefttional installation of two-wayfacilities. EACTLIT y REQUIREMENTS over for futureuse. Waivers will beBefore a certificateof complianceis 17. Our sievess program, and the bur-granted in instances where the extragranted in any such case, we require a den it inipo.,,es on the cable operator. hascapacity e-ouired by the rule would ap-showing of the intended use of 50(.11 fa- been carefully weighed and we considerpear to have no foreseeable relationshipcilities and a showing that suchare- it to be both reasonable and in the publicto future demand. quirement will not adversely affect the interest. We are requiring the provision system's viability or otherwise inhibit it of free access channels and some facil- BANDWIDTH ACTIVATION REQUIREMENTS from complying with the federal (coal of a itiesto utilize them. We envision this 20. Some questions have been raised asnationwide cable communications srid. access program as an opportunity for ato when the extra bandwidth must be PRIVACY multiplicity of persons and groups toactivated. Some systems claim 20- or 24- or 26-channel capacity by having the 23. Many questions and fears have de- become active in the use of the corn- veloped about the use of two-way equip- muiiications media for the first time. Forcapability of installing converters on a success channels to work the individualssingle trunk system. We have occasion-ment. In this regard, the statement made and groups being offered access must de-ally been asked when that converter mustin the PSLAC Report Is most appropri- sign their own programs, develop theirbe installed. Our application of this ruleate: own resources, and foster the use andis purely pragmatic. The rule requires The issue of privacy and its relationship to lalue of the channels. This is not ac-bandwidth " ° availableforim-the legitimate uses or potential uses 01 cable complished by demanding that the cablemediate or potential use ." No Vs-televisionisa highly emotional one The operator, having provided the free chan-tern will receive a certificate of compli-fears of many, that cable television will bring nels, should now also pay to program theance if its activated capacity is insuffi-with it "1084-type" surveillance and mon I- cient to meet our access requirementsLoring Is In the public mind regardlese of the channels,Allunfortunate misconceP- technological factors that argue against melt non seems to have developed because of(including at least one channel availableuses. These fears must be met. At the mo- :,one' over-expectations at the prospectfor leased use). So long as the system al-ment, the potential for over-reaction to such of free access channels, Demands areways has that much immediately avail-fears andtheinclusion of impractical and able and usable capacity, It will be con-prohibitiveallegedlyprotective requirements beingmade not onlyforexcessivesidered in compliance with our rules,in franchises prompts the Committee to sug- amounts of free equipment but also freeassuming, of course, that the remaininggest that: Protection of subscriber privacy programming and engineering person-capacity can be activated without sig-maytake the formof regulation and Judi- nel to man the equipment, Cable sub-nificant rebuilding or delay. cially enforceable sanctions, and may bead-

FEDERAL REGISTER, VOL. 39, NO. 7EMONDAY, APRIL 22, 1974 PROPOSED RULES I itresevn at federal, state or local levels, Thealready noted, "more" may not be better,education only to see it lie fallow serves emanative bellevea that the principal prob-and, indeed, may be worse. Any proposals lem area relates to the ilitlividualizeci moni- no purpose. Two questions have repeat- toring of subscriber viewing habits, withoutin franchisee requiring access Channelsedly been raised about our educational explicit advance consent, and the disclosureor faculties in excess of what is requiredaccess rules:(1) Who qualifies as an of such information. Restraints on such ac-In our rules must be shown to be reason-"educational authority" to use the chan- tivity should not Impede systemwide, non -able and necessary for a planned localnel, and (2) what extra equipment, as- lndlvldually "sweeps." or the op-program of use. A showing in the appli-sistance, etc., can be demanded or offered rratmog acquisition of information foe pur-cation for a certificate of compliancefor educators in a franchise agreement pnls's of verifying system integrity, control-must be made that indicates what the 30. Our concept of "educational au ling return path transmissions, or billing fornature of the added requirement is, howthorny" was not meant to restrict the pay services' It will be implemented, who will pay foruse of this channel to the local public 24 We agree fully with the Committeethe extra services and equipment, howschool board. Any school, college, or union this point. Without denigrating themuch they will cost, and how the costs,versity, public or private, formal or in- well-intentioned pleas for caution voicedif borne by the cable operator, will addformal, should have the opportunity to by many groups, we feel that there hasto rather than detract from his overallair programming on this channel. The been much misinformed over-reaction toservice offering. one exception to thisinterpretation thin problem. Some franchises have in- access CHANNEL REGULATION would be commercial educational enter- eluded provisions to guard against moni- prises (computer schools, beauty schools, toring that are not only impractical but 28. As to the actual plans for use ofetc.) that would in essence be using the often impossible to comply with. Otherthe access channels we have required, wechannel for advertising which we have provisions have been included which pur-want to emphasize that there is a greatspecifically disallowed on the edlIcat lona I port to prohibit activities by the cabledeal of flexibility. Different communities,access channel. Any bona fide educa- operator, such as generalized perform-operators, and access groups will findtional interest should have access to the ance "sweeps," which are necessary tovarious ways of utilizing their channelseducational channel. We envision a work- itisure system integrity. Equipment tomost effectively. We expect that manying educational channel as one where the "monitor monitoring" has been requiredvariations will be tried.. It would be aprogrammers work out areasonable that does not even exist. It should hemistake for any regulatory authority orbility to program this channel nor should sufficient at this time to caution fran-board to attempt, at this formative stage,cable operator to utilize this opportunity chisingauthoritiesagainstexcessiveto delimit too particularly how the accessoffered to them. It might be possible, regulation in this regard. We are watch-channels should work. for instance, for a high school and a col- ing this situation carefully and will take 27. Our effort at creating a publiclege to produce complementary instruc- any action necessary to protect the pri-access channel was meant to give thetional programming of benefit to both. vacy of cable subscribers. Such actionmaximum access possible to local groups.It is not the cable operator's responsi- may take the form of added regulationsIt is for this reason that we initially de-bility to program this channel nor should at the agency level to assure privacy orscribed the channel as one tt.a4 shouldhe be expected to. possibly even Congressional action.' Allbe available on a "first-come, first-served 31. The problem of increasing demands governmental jurisdictions should be onnon-discriminatory" basis. The best ex-in franchises for extra channels. money. guard to guarantee that the right ofample of why we say that it is prematureequipment, personnel, etc., will be dealt privacy is maintained. As we noted whento establish firm rules .tor the accesswith in section V of this document. we instituted the two-way requirement,channel is the myriad number of ques- any use of two-way conununications, anytions we have been asked arising from LEASED CHANNELS activation of return service must alwaysthat statement. By attempting to answer 32. It is too early to discern any trends be at the subscriber's option (Para. 129).some of them here, we hope to clarify theregarding our leased access channel rules ram CHANNELS policy considerations behind our access(1 78.251(a) (7) 1. It remains our intent rules. to keep these channels as free as possible 25. In § 70.251(a) (4), (5), and (8), we 28. Some have questioned whether ourfrom any regulation that might restrict require the provision of public, educa-rules would allow a particular person oror artificially alter their growth. This is tional, and governmental access chan-group to reserve access channel time onparticularly true in the area of rate regu- nels. We continue to view these channelsa long-term basis, e.g.. every Thursdaylation. We have pre-empted this are': DS experimental. After only two years ofnight from 8 to 9 p.m. We did not intendwith the explicit purpose of allowing the experience with these rules, it would bethat our rule would prohibit an accessmarket place to function freely.e note premature to characterize the experi-programmer from developing a viewer-that many authorities are already talk- ment as a success or failure. We wouldship at a particular time by consistenting about regulating leased channel rates prefer more experience before signifi-programming. Therefore, this type ofand/or rates for pay cable services. It cantlychangingtheserequirements.reserved time would be consistent withis premature to regulate along these lines. Once again, however, it appears neces-our rules. However, we also want to as-Such regulationmight destroyany sary to reiterate that until we can gainsure that all desirable time slots are notchance for this emerging communica- more experience with the experiment"frozen" and thereby monopolized or nottions service by stifling competition. set- already under way, we are reluctant toavailable to the occasional programmer.ting incorrect rates, and establishing an allow major alterations by individualSome balance is necessary. We are allow-atmosphere which deters experimenta- frisnrhisingauthoritieswithoutgooding cable operators to design their ac-tion innovation. or speculation. We iave ithse. Unquestionably, In some areas,cess channel rules to accommodate bothpre-empted this area to avoid those pit- because of particular local needs and fa-interests and shall remain sensitive tofalls. It is unclear how a regulatory body cilities, different access programs mightthe possibility that abuses might develop.could now establish reasonable rates for lie useful. In those cases, we will enter- services that are untested, unproven, and tain petitions for waiver of our general EDUCATIONAL ACCESS which have not even established a con- rule. To date, however, we have received 29. Our educational access channelsistent record as to costs, expense.;, sub- :severalapplicationsfor extra accessrules were designed to promote the usescription, etc. channels and equipment on the "more isof that channel by educational author- 33. As we noted, in the Cable Teicti- better" concept rather than on any ac-itiesinthe community. Much wasMon Report and Order, Para. 130. 131, tual need or plan for use. As we haveclaimed in the original dockets which leddual jurisdictional regulation of access to the adoption of this rule about thechannels would cause great confusion We nuts that the recently released reportpotential for educational channels onand might inhibit their growth on a on Cable Television by the President's Cab-cable. Little has developed. In retrospect,nationwide basis. Different regulation. men Committee on Cable Communication'it appears that ors' limitation of one freerate structures,etc.,for instance, on also suggests that the guarantee of privacyeducationalaccess channel waswise.channels where a par program or per Ise one of our principal concerns. Designating vast channel capacity forchannel charge is made might unduly

FEDERAL REGISTER, VOL 39, NO. 78MONDAY, APRIL 22, 1974 1129'2 PROPOSED RULES hamper the obviously interstate effortMg the technical parameter., of cablethetechnical advisoryCommittee's ,nvolved by cable operators and program-television.Inthe Reconsiderationofwork." 111N'; to secure a large enough audience toCable Television Report and Order, weV. FEDERAL STATE-LOCAL RELATIONS1111,s make this new commtuilcations mediumindicated that franchising authorities ,tviable economic success. We cannotcould also promulgate technical stand- 41. In our 1972 rules we adopted en allow such a multiplicity of regulation toards. That decision has now been broughtambitious program of creative federal- tie! flirt from our national program. Into question. ism in the area of cable television fran- :14 While we have decided to prohibit 37. The FSLAC report, while acknowl-chising. In essence, we developednn non-federal rate regulation of leasededging an apparent problem regardingapproach of dualism toward the grant- channel uses or users at this time andunrealistic standards being developed ating of cable franchises. We recognized i lave further announced our intention ofstate and local levels, recommends thatthat the complexities and national char- refraining front imposing any federalthisdualjurisdictional approach beacter of cable television called for na- regulations now, some guidelines regard-maintained at least until the comple-tionwide rules and guidelines. At the ing leased channel operation might betion of the FCC Cable Television Tech-same time, we acknowledged that the helpful. We recognize that many of thenicalAdvisoryCommittee's .(CTAC) essentially local service offered by cable earlyeffortsatrate regulation werework. However, the FSLAC report alsotelevision, at least in its formative stages, motivated by concerns over potentialrecommends (Issue #4) that we issuecould best be developed through local abuse of the cable operator's position.cautionary advice to franchising author-partcipatlon and enforcement. Our rules We noted such a potential In the 1972ities noting that our rules should sufficeattempted to blend these needs into a rules 'Para. 1281. To date there has beenin a majority of cases and that anycohesive, cooperative program between little evidence that the cable operatorsmore stringent standards must be en-federal and local authorities. This ef- are hoarding capacity for their own usesforced locally. This recommendation alsofortappearsto have beenbasically or are setting preferential or prohibitiveurges that we retain oversight authority successful. rates to maintain a monopoly position.to deal with any unrealistic standards 42. One significant new development, Should such a situation develop, we will,that may be promulgated. however, has become a complicating fac- of course, stop It. It is in the cable op- 38. We recognize that this is an areator. State governments have begun as- erator's bestinterestforthis nottoof significant conflict. The experienceserting a regulatory role In cable tele- happen. All parties must be given accesswe have already gained from CTAC'svision, thus adding a third-tier to the totheleased channels atrates notpreliminary work and the confusion en-regulatory scheme. When we adopted designed to prohibit entry. This is es-gendered by some of our original rulesour rule we envisioned a system whereby pecially true in the area of pay cable.indicates that much more work needsfederal rules and guidelines would be Evidence that cable operators are re-to be done. Our technical advisory com-complemented by one other regulatory strictihg entry would obviously lead tomittee is making progress in this direc-authoritythe so-called "local" level of demands that ruble be re-defined as ation.° Most State Governors have alreadygovernment. We did not specify cities , ()Timm carrier. We do not think thisnamed liaisons with the Committee ator municipalities because we recognized would be a good idea at this time. Inour request so that we may coordinatethat in some states the state government fact, It would probably be detrimental.'as much of this activity as possible. Thewould serve as the "local" authority But abuse. particularly of leased channelquestion now arises as to whether werather than some smaller political subdi- access. will surely result in far more re-should institute, at the least, a mora-vision. Indeed, this was the case in 1072. strictive regulation. torium on the promulgation of non- since several states had already asserted 35 Some cable operators and franchis-federal technical standards untilthestate Jurisdiction over cable franchising log authorities have suggested a programcompletion of CTAC's work. ie.g..Connecticut, Nevada, Rhode is- k% hereby preferentialratesfor leased 39. A petition for rule making has al-land, and Vermont). However, at that public, educational, and governmentalready been received from the Nationaltime there were no states asserting an hannels are offered to non-commercialCable Television Association regardingadditionalregulatoryfunctionwhile users. Thus, when the free channels aretechnical standards, pre - emption; andleaving other regulatory and franchising filled, or when, for instance, an educa-the opinion of our own Office of Chiefmatters to localities. It is this latter de- tonal user wants to put specialized pro-Engineer suggests that the multiplicityvelopment that concerns us. A major gramming on a separate educationalof conflicting technical standards has be-portion of the FSLAC report deals with channel, he could lease a channel at acome a problem and might not be inthis "three-tier" problem (see Part II. !Inver rate than would be available tothe public Interest. There has been con-FSLAC Final Report). In our December a commercial user. This concept appearssiderable comment on the desirability ofmeeting with the FSLAC Steering Com- sound. and we do not discourage cableuniform standards and argument thatmittee this was also a prime topic of onerntors from experimenting with suchthe lack of such uniform standards coulddiscussion. We intend, in the near fu- preferentialratestructures.Specificconceivably hamper the development ofture, to deal with this question specifi- franchise requirements or controls ofcable television because technical equip- cally. For the purposes of this document., t his nature, however, remain pre-empted. ment could not be manufactured for na-however, it should be sufficient to cau- We favor a market place experimenta-tionwide use. tion all regulatory bodies involved or tion In this area for now. 40. Understandably, the imposition ofconsidering involvement in cable tele- a moratorium or the complete subjectvision that we are concerned about the IV. TECHNICAL STANDARDS matter pre-emption of technical stand- developing duplicative and burdensome 3G. We repeatedly stated in the origi-ards are issues of considerable debate.overregulation of cable television. nal cable rules and in the reconsiderationFor this reason, we invite interested 43. The purpose of this notice of pro- of them that our technical standardsParties to submit comments on the ques- posedrulemaking and memorandum were only a first step in what we ex-tion of whether cable television tech-opinion and order is to clarify and in petted would be a long process of refln-nical standards should be totally pre-some cases modify the existing rules. Our experience to date indicates that empted or a moratorium on additionalone of the areas most in need of clarifi- riik. of course.i tconsistent with thenon-federal technical standards should Position we took in the Cable Television Re- cation is our franchise standards and pert and Order, Para. 146. It does not meanbe a Imposed until the completion oftheir relationship to the rest of our wit at some future time, once cable tech 44. Once again, we think it would be noi,)gy tins sufficiently matured, that com- 'The Committee expects to complete theeasiest to review all of our franchising nom carrier status would necessarily still bofirst phase of its work by late this year. I511' We note that the same posi- 112M-2106 Pet Won for Rule Making To has now been taken by the President'sStandardize Technical Standards filed May I Comments tiled in responre to this Notice cahniet comnutteo on Cable Communica-23, 1073, by the National Cable Television of Proposed Ride Making should be referred 11 Association. to Docket No. 20018.

FEDERAL REGISTER, VOL. 39, NO. 78MONDAY, APRIL 22, 1974 1 1291 PROPOSED RULES

and followedIt should be noted that, as CONSTRUCTIONLINE EXTENSION li,Li already1111 pprii ed In several CIA.CI), not sought to maximize profits by only serv- .drain's to the letter 11 11111111C1pRiltY.0 own 58. In both 170,31(a)(1) and (2).ing densely populated areas even though tem Cancauseconsiderabledelayandwe refer to the " adequacy andan averaging of the density figures to e'rlinony, feasibilityof constructionar-Include those miles of cable plant In the r cities that have initially established anrangements" and that the cable oper-sparsely populated areas indicated that to-enflame on cable tolevtsIon and have ap- the system would still be viable. r,toved it without looking nrst, to who willator must " equitably andrea- re, elve the franchLse have found this to besonablyextend energizedtrunkca- 61. A middle course has been adopted a kenefleial procedure avoiding many of theble ."Confusionarisingfromin some instances whereby a formula is pit rallm involved In an unrealistic biddingtheserequirementspromptsfurtherestablished in the franchise so that if .01! es!tolit combined franchise and Oral-clarification. outlying pockets of viewers wish the cable nreSnellbidding contests, with cubic 59. It was our intent that all partsextended to them they must pay the operntrr5 aid city ofticials offering or de-of a franchise area that could reason-specified costs involved in extending the itiandim provi,,nuis unrelated to the actualably be wired would be wired. The ini-trunk line. veecis of ihe city or viable operation of thetial problem we were trying to cope 82. We canseereasonablejustifi- are hat to all parties. cations In ail of these approaches. They tiAn (von, wrIttot) bid proposal by allwith was the "hole in the donut" situ- applicants helpful but care should beation that could have developed in largerpoint up the necessity of local involve- lest this become another for of bld-markets, that is, the wiring of the morement in the cable process to deal with tlimt contest.It should be noted by citiesaffluent outlying areas of a city whilethe unique problems presented by vari- and franchise alike that whenever n (ran-ignoring the center city or the wiringous communities. We think It would be ttppit at lor is incorporated by referenceof Cie "desirable" section of town andS mistake to attempt to specify a nation- a franchise It nnutt be made part of the wide rule on this point. Indee{1. It might appilcationforcertificateofcompliancenot providing the communications bene- us. It will be reviewed for compliancefits of cable to the poorer areas. It nowbe very difficult to create any such rule v.1,11 our rules In such is sttuatitn. develops that in most instances this iseven on a state by state level. This is a not as much of a problem as was feared.job for the localities. 55. The process of soliciting bids forIn fact, the problem Is reversed. The 63. Because we recognize this prob- 3 cable television franchise often leadshigh density areas are being wired butlem, we have and will continue to grant to excesses in both demands and offers.the outlying, less populated suburbs arecertificates of compliance to applicants As we just noted, any bid applicationnot. whose franchises do not require our ideal, incorporated by reference in the fran- the wiring of the entire community. How- chise will be reviewed for consistency GO. Clearly, this problem can best beever, before we do, we want assurances the cable television regulations wedealt with at the local level since everyin the application and from the fran- have established. The fact that an "offer"community presents unique demographicchisor that the public, and particularly v. as tendered and accepted by the fran-vagaries. Some over-all guidelines, how-those citizens directly affected by the chising authority rather then demandedever, should be set out. Obviously, theexclusions or conditional wiring provi- by that authority makes no practicalideal case is where a franchisee is re-sions, are informed of the effect of such difference in the administering of ourquired to wire the entire franchise area.provisions before they are adopted. Iii rules. We look at all provisions, partic-This is our present rule. The purpose ofat least some cases such notification has ularly for extra services or equipment,the rule was to assure that no "cream-been accomplished by local newspaper that are enforceable against the fran-skimming", wiring just the economicallyarticles including maps indicating the chisee regardless of how they originated.lucrative portions of a franchise area,specifically affected areas. In others, local 56. We do not mean to imply that anywouldtakeplace, We areaware,officials directly contacted affected home- of the particular suggestions mentionedhowever,that many franchiseeareowners. Unfortunately, however, in many above are necessary to comply with ourbeing granted that do not encompasscases line extension policies were set present requirements. They are simplythe entire political subdivision of thewithout any consultation with the citi- illustrationsof some successfulap-grantor. Such grants are appropriate sozens involved, and at least a few instances proaches to the problem. In essence r elong as they are not used as a device tohave been found where even the fran- anticipate for now that the franchisingdeprive certain portions of the popula-chising authority did not fully compre- process inclue.es open access to the de-tion of service. In some cases, cities de-hend the effect of its actions. We are cisionmalting process both for citizenscideto grant multiple franchises tonot prohibiting line extension provisions and epi:iicants, fairness to all parties,different franchisees for various discretein franchises, but we do intend to require and consistency in the administration ofsections of the franchise area. This isthat there be a showing that such pro- iaiy rules adopted to grant the franchise.acceptable so long as the ultimate resultvisions were developed knowledger.bly 57. Many parties have asked whetheris complete coverage of the area. Clearly,and publicly. Any line extension formulas we intended our current rules on publicif the area was subdivided in such a wayarrived at under these conditions are proceedings to include franchise renewalthat one area would be highly lucrativelikely to be reasonable, having taken Proceedings. The simple answer is yes.while another was marginal and notinto consideration costs, populatic.n den- We have made no specific requirementssought afte:, the result would be "cream- skimming." This would be unacceptable.sity and averages, terrain problems, long either In the initial grant procedures range land development plants,etc. in renewal procedures. We do not re-Other jurisdictions e ;fine the franchiseunder public scrutiny. quire that there be written bids or evenarea by way of a so-called "line exten- 64. Since the assurances we are re- lr,at there must be competitive proce-sion" clause, that is where the cable op-questing do not presently appear in our dures. In some cases, negotiated bidserator is only required to wire those partsrules, we plan to make the appropriate with selected applicants may be appro-of the political subdivision that contain priate. These are matters for the fran-a specified number of homes per mileamendments consistent with the pro- chising authority to decide. Particularlymeasured on some stated formula orposal outlined above. We invitz any inin renewals, which we will discuss morebase. The numbers we haveseen rangeterested party to comment on this sug- fully later, there may be no reason forgenerally from 30 to 80 homes per mile.gested addition to our rules. Any other competitive bidding. In both Initial andIn some cases, we acknowledge such aproposals submitted aimed at ,-einedying renewal proceedings, however, we do re-formula is justified. The potential sub- scribership in a particular communitythis problem will also be considered prior quire open access, consistency, and over-may be marginal in terms of systemto the adoption of any specific new rule all fairness. We may add new require- or filing procedure.' ments as a result of the inquiry we haveviability, and the extension of lines to Just Initiated in this area but thesecitizens In outlying areas or pockets might spell the difference between suc- 10 Comments filed pursuant to this notice minimums, we are confident, will notcess and failure of the syst..a. In otherof proposed rule making shouldbe referred change. cases, however, systems have apparentlyto Docket No. 20020.

FEDERAL REGISTER, VOL 39, NO. 78--MONDAY, APRIL 22, 1974 PROPOSED RULES 1I.29

COUNTY -WIDE FRANCHISES Disrussion: The subject of nuendating ex- FRANCIIISE LENGTH tensions either within the franchise area or 1:i. This entire discussion of franchiseto contiguous areas prompted considerable 72. Our rules limit the length of a en delineation takes on even moreim-debate within the Committee, new franchise to a maximum of 1st years modiste importance In the many incor- Relating to extension of existing systems,(Section76.31in 1 (3) ). Thisrule was o,rated, county-regulated areas of thethe Committee opposes forced extensions intoprompted by the initial trend in fran- taintry. Clearly a large county withareas not specifically contemplated or re-chising that led to extremely long quired by the existing franchise. The Com- many non-contiguous population pocketsmittee believes that in most cases an opera-99-year) franchises which afforded local do's not expect one franchise to wiretor's failure to make en apparently feasibleauthorities no opportunity to review and Ia. entire county, particularly at the rateextension (i.e., to respond voluntarily to nor-modify the franchise agreement If nec- of construction we have recommended,mal market forces)is evidence of economicessary. Lengthy franchisegrants, we Ha thisreason, we have consistentlyand engineering problems faced ill effectingnoted in our 1972 report, " are tin 4/11t/laed applicants for certificates ofextensions which were not contemplatedinvitation to obsolescence in light of the cempllance with blanket county fran-when the system was originally designed. Inmomentum of cable technology" (par. ehises and requested more specific infor-this area there also appear to be valid legal182i. We also stated. in the reconsidera- concerns about modifications ofexisting mation on what areas the system planscontracts. tion of cable television report and order, ...erve. Certificates of compliance will The Committee hcide a different view inPara.Ill, that there might be unite olily be granted for those specified areas,the case of new franchises where the fran-instances where longer frenchises are net for an entire county. unless the ap-chisee has of his own free will accepted linewarranted and that we would entertain plicant truly intends to serve the entireextension requirements as all initial condi-waiverrequestsinthosecases.The area within a specified construction timetion of doing business. in such cases we urgeF'SLAC report recommends that this rule botA the franchisee and the franchising au-be changed in favor of it more flexible thority to seriously think and plan the area's tie. In most instances, county Iran -development pattern over the term of theapproach. They (UMW that, particulerly I trees in fact developing systems forfranchise so that future engineering prob-in the larger cities, 15 years may net be particular unincorporated communitieslems can be avoided. It would seem ap-sufficient time to develop and make prof - Inn the county. It would be asignifi-propriate, and consistent with our viewsitable the advanced and complex broad- i help to us if county governmentsrelating to the definitions of the franchisebandcommunicationssystemsbeing designated what they considered to bearea for the franchising authority and fran-contemplated. The Committee Report the discrete communities within their ju-chisee to agree upon an expandable dehnitIonstates: ce.diction. Such delineations are, afterof the required service area including a clear statement of the condition under which ' it Is our feenne 1.11at n litteep year ail. uniquely a part of the responsibilityextensions could be mandated. maxinnim period d,es nut suinciron deal of local officials. Their conclusions will For these purposeA renewals can be viewedwith the difficulties of financing modern sys- have significant impact on the anplica-as new franchises, assuming that atems in elides of widely v.irvii,g sire ,a,,,,rd- built Y of our rules tfor example. in thenon-renewed operator who has faithfully per-Ingly we recommed that the maxlmnin fran- urea of our tiling and access channelformed his expired franchise is assured ofchise period be redefined as a range of fifteen requirements which apply to each dis-realizing fair value for his property Subjectto twenty-five years. with Specific periods ci si e community to this condition. as in the care of a newwithin that range to be determin lir franchise, whatever requirements are im- franchising authorities. Au 1111 (meanie EXTENSION or SERVICE posed would be the result of an arms-lengthpartofthisreeonimenclatn.1pro, ision agreement. should be made by the french,: Ina authority 67 One ofthe most common com- Finally this position on renewals wouldfor review at least every fly- yfl1r,toff), plaints about cable television received bytolerate the inuns.it ton of extension require-fuming at most11.;1 years niter the fran- Conuffis:iutiIsitpotentialsub-ments on existing franchisees in the extraor-chise grant. ..criber's inability to obtain service. Thisdinary cases where. by state action establish- The central purpose of such reviews would generally is caused by one of three situa-ing an overriding public Interest in receipt ofbe to consider such 1961105ns s stem per- t tons: there is no cable television systemcable service, all existing franchises were ter-formance, design modifications. nod the pos- minated and reissued." sible need for changes in franchise terms In the locality: there is a system, but It Such reviews might resun lu alterntiona In will not extend Its lines; or there is a 70. In this regard, particularly in areasthe basic franchise. franchise extei sold :iyatein in an adjacent jurisdiction, andwhere there are pockets of population orother possible chances inthe agreemni: itis unable to extend beyond its fran-growingsurburbansubdivisions, webetween the partiesIn ho ease would such chise area would urge that franchising authoritiesreview periods precintie pnweetin.gs by the 68. In the first instance, of course,in contiguous communities join togetherfranchising authority fit any time for ter- !ikere is little that can be said other thanin planning for future cable develop-mination of the franchise for cans, I hat the community should. if there Isment. We have seen several cases in 73. The problem of minimum fran- substantial Interest, seek a franchisee.which a new housing development waschise terms has also been raised In some The second ease, refusal to extend serv-unable to get cable service because it wascases,certificatesofcomplianceare ice. relates directly to our previous dis-on the extreme edge of its communitybeing sought for franchises with a one- cussion of line extension policies. Thebut the adjoining jurisdiction's cableyear term. We question the advisability clad problem, however, is more difficult.system was readily available. A 'jointof this short a franchise duration. The 69. In an increasing number of cases,powers' agreement or other typeofcapital costs and commitment involved we are finding that newly developedcooperative arrangement between thein building a cable television system housing developments and the like,communities could easilysolve thesewould seem to dictate against entrepre- Mid themselves unable to obtain serviceproblems. neurs accepting sech short terms. We because they are located either at an ex- 71. We are treating this subject inunderstand that in some states a year- treme fringe or outside the franchiseconsiderable detail because we considerto-year franchise is easier to secure than area This is an unavoidable and vexingit one of the most important factors Ina term franchise necessitating a public problem that can only be remedied bylocal and regional franchising. Servicereferendum. However, such year-to-year cooperation and planning. The FSLACextension and the delineation of thefranchises impose significant risks and report (Issue #15) comments on thisfranchise should be one of the primaryincreased administrative burdens. We situation in detail and we think theirconcerns of local regulatory authorities.Intend to consider a rule imposing some conclusions are a helpful guideline to allIt has received too little attention in theminimumfranchiseterm, possibly regulatory authorities: past. between 5 and 7 years, to remedy this Extenalons of service, both within a given problem. franchise area and into adjacent areas, have 74. We invite any interested party to and will continue to be made voluntarily u See also Minority Comment, FSLAC Re-submit comments on both the proposal by operators in response to economic anaport Appendix A, which argues that state public relations forces. Jurisdiction for man-action may be the most appropriate or ef-made in the FSLAC report and our sug- datory (involuntary) extensions may be ap-fective method of establishing nonconRsca-gestion for a minimum term require- p' ed only to new franchises and renewals. tory required service extensions. ment as wel las any other suggestions

FEDERAL REGISTER, VOL. 39, NO. 78MONDAY, APRIL 22, 1974 No. 78Pt. II-2 142% . PROPOSED RULES 76. The reason we are taking this ap-Jett to an accounting fur net earnings or for modifications of ow' rules on frail- losses during the interim period. ( his° duration. Of particular interestproach to substantial changes in fran- All of these provisions should be included \could be any cash flow figures support-chises should be obvious. Our entire pro-in the franchise itself ao that the portion to ing contentions for the need for longergram of certification would be meaning-the franchise know their respective rights a :incluse terms." less if significant alterations, potentiallyand obilgs.tious and can plan their opera- contrary to our rules, could be made in ations accordlnely. reANCHIsE MODIFICATION AND RENEWAL franchise after we had certified that It 78. We think the Committee's advice is 75. The entire subject of franchisecomplied with federal regulations. Anywell taken. All the provisions mentioned ii oration, modification, renewal, expira-substantial change in a franchise, ofare of utmost importance to the orderly tion, and cancellationis one thatiscourse, would automatically end anyprocess of renewal or transfer of sys- fraught, withdifficulties.First, a few"grandfathering" rights regarding othertem control. The public is directly and points should be made to clarify our ownprovisions in the same franchise. Ourpotentially severely affected if these pro- tiling requirements in this area. While"grandfather" of pre-March 31,1972visions, or ones like them, are not con- we are considering propsals to changefranchises was meant to give franchisingtained in the franchise. We strongly sug- the duration rules (S 76.31(a) (31)theauthorities a reasonable amount of timegest that all franchising authorities in- existing 15-year maximum will remain inin which to bring their franchises intoclude such provisions. effect. This maximum applies to both thecompliance. If they are now changing 79. Our concern in this area is so great. initial grant and any renewals. A fran-provisions in the franchises, they alsoparticularly as to guaranteed continua- chise calling for a 15-year term with ahave had ample opportunity to acquainttion of service to the public, that we are renewal option at the sole discretion ofthemselves with the new rules and willconsideringadoptingrulesrequiring the franchisee does not comply with thebe expected to comply with all of ourfranchises to contain specific provisions rule. The franchisor must at least review,franchise requirements. In dealing withand procedures relating to expiration, in a public proceeding, the performancePreviously certified applicants, we willcancellation, and continuation of serv- of the system operator and the adequacyassume that they are operating pursu-ice. We Invite all interested parties to of the franchise as well as its consistencyant to the already certified franchisingcomment on this proposal.'" Particular nth our rules prior to renewal. This isduring the certificating process for theattention in the comments should he giv- not to say that anv bid procedures arenew franchise. en to whether the rule should be a gen- equired or that any new franchise of- FRANCHISE EXPIRATION AND CANCELLATION eral one, simply requiring that franchises fering must be made, but. simply that a contain such provisions or whether the public review of the franchise must be 77. In Reconsideration we expressedrules should be more specific as to the held with the opportunity for citizen in-concern over situations where franchisetype of safeguards we ithc/Lidrequire put prior to renewal. In this regard. itrenewal applicants threaten to terminateto protect the public interest in this area. should be noted that our rules, and theservice to the public rather than reachWe would reiterate, however, that re- certificates of compliance we grant, arean accord with the franchising authority.gardless of the outcome of this proceed- based in part on the franchises includedOnce again, the comments in the FSLACing, franchising authorities would be wise in the application. The certificate doesReport (Issue #10) are helpful by wayto adopt the type of provisions discussed not apply to renewal franchises or to theof clarification: above. Too many instances have already terms of franchises significantly [-fawn problems in this areacome to our attention of threats to cut amended in any way, such as a change bear mentioning. First, as the franchiseoff service to the public. in termination date, service obligations,"term draws to a doss with no assured re- or franchise fees. Any such substantialnewal or fair compensation in sight, the TnNSFERS cable operator acquires a strong disincentive change or renewal we consider to ef-to Invest In needed new equipment that he 80. In a related notice of rulemaking fectively terminate the existing franchisecannot be certain of amortizing over theand inquiry, we would like to explore the and that termination (or in effect theremaining term: the result, obviously, is adifficult problem of transfers or assign- granting of a new franchise) requiresdeterioration of service. Second. Unfortu-ments of control of franchises. At the recertification(or certification In thenately, this situation has In the past createdmoment we have no firm rules in this firstinstance on grandfathered fran-extreme and sometimes unwarranted pres-area and many questions have arisen We chisesAn exception to this doctrine issures on franchise authorities and system operators to reach renev.'al agreements. Bothnote, for instance, that most new fran- a change in subscriber rates. Such athese excessive pressures and the disincentivechises require prior local approval before change is consistent with our rules soshould be removed. a transfer can take place. We assume long as itis done in a public meeting First, the Committee feels there should bethat such approvals are given only after and will not be considered to have ter-no cancellation or expiration of the franchisefull public proceedings. We do not, how- minated theexisting,certifiedfran-without fair procedures and fair compensa-ever, require the inclusion of such pro- chise' tion. The existing franchisee should be givenvisions In the franchise at this time. adequate notice and opportunity to be heard. Furthermore, we suggest that tf the decisionComments are invited on whether such "Conunents flied pursuant to this Noticeis adverse to the existing franchisee, therequirements should be added to * 76.31 of RulemakIng should be referred to Docketfranchisor should have some provisions forof our Rules. No. 20021. an assignable obligation to acquire the sys- 81. Unfortunately, this is not as simple .3 The term "service obligation" or "servicetem at a predetermined compensation formu-as it ma, appear. What, for instance, package" as used herein includes generallyla. In the case of non-renewal this formulaconstitutes a transfer of control? It cor- all requirements Imposed on the franchiseeshould call for payment of fair market valueporate ownership changes by acquisition, relating to local origination or access pro-of the system as a going concern; whereas gramming, equipment, personnel,or anyin the case of cancellation of the fran-merger, etc., yet the local franchisee re- other purported obligations relating to pro-ehise for materiLl breach of its terms, themains the same, should this trigger a gramming or any other special benefits re-compensation criterion might call for de-Public proceeding with all that entails? quiredfor specif)ed programmers or sub-preciated original cost with no value as-What effect would such an interpretation scribers signed to the franchise. In either case, thehave on the ability of multiple system o We. of comae. are primarily concernedCommittee would suggest that there be pro- changes that have some relationship tovision for Impartial arbitration if the nego-operators to consolidate, merge, etc., in our rules. We are not including In this In-tiators fail to agree on a price. The fran-the open market place? Should franchis- terpretation of when recertification Is re-chisor's obligation should be fully assignableing authorities even be concerned with quired changes in such areas are :ndomnityto a successor franchisee selected by the or bonding requirements, epecific,constritc-franchisor. i ion or safety alterations, reporting and en- It is also advisable, we believe, that there be inComments filed pursuant to this notice forcement procedures and the like. We rec-a requirement that, during the reasonableof proposed rulemaking should be referred ognizethatthefranchiseis a "living"interim period while transfer of the systemto Docket No. 20022. document and changes must be made fromis being arranged, the original franchisee be i Comments filed pursuant to this notice time to to reflect current situations andrequired to continue service to the public asof proposed rulemaking and inquiry should p racti ces.. a trustee for his successor in interest, sub- be referred to Docket No.20023.

FEDERAL REGISTER, VOL 39, NO. 78MONDAY, APRIL 22, 1974 PROPOSED RULES l!!!17 this type of "transfer" so long as thement. This is precisely what we are try-well. and we would encouraf:e negotiated term,' of their franchise areing to avoid. The same logic applies toof this approach. enforceable? Clearly It is time for us toall other areas of rate regulation in cable, 89. Some questions have been rmsed Inquire into these areas and adopt ap- 1. advertising,pay services,digitalregarding the meaning of our recoure- propriate regulations to deal with themservices, alarm systems, two way experi-ment for a "local" laisiness officeIn where necessary. ments, etc. No one has any firm idea ofmost cases, this Is n vir requirement. A 82. Aquestion has been raised as tohow any of these services will developsystem serving one city should have a whether franchise transfers constituteor how much they will cost. Hence, forbusiness office or other means in that a "significant change" so as to requirenow we are preempting the field andcommunity to receive and act on sub- recertification. At the moment, they dohave decided not to impose restrictivescriber complaints. However, we will be not. It would seem that so long as theregulations. Of course, at such time asflexible in the interpr,tiltIon of this rule franchise terms comply with our rulesclear trends develop and if we find thatas it relates to a single head-end multi and the franchise is so cer' Med, It isthe free marl:et place does noi, ade-community system or a "county" sys- unnecessary for us to require recertifi-quately protect the public interest, we cation of the same document. The selec-will act, but not until then. tem. The operator of a single-plant tion of the franchise holder is, after all, multi-community system need not. have SUBSCRIBER COMPLAINTS a business office In each of the com- a local matter under our rules. munities served so ling as subscribers 83. While we do not consider rec,ertifi- 86. Assuring that subscribers receivecan call a local telephone number to ration necessary because the terms ofquality service and quick resolution ofregister complaints and personnel nee operation in a simple transfer or assign-any complaints is one of the most im-available to act on those complaints. On ment remain the same, we are consid-portant regulatory functions to be per-the other hand, we will not accept a ering adding a provision to our filingformed at all levels of government. Thesituation where there is only one busi- requirements for the submission of aprimary locus of responsibility, however,ness office in a large county necessitat- new Form 328 for any transferred sys-must be at the local level, where theing long-distance telephonecallsfor tem. Such a rule would assure us thatservice is. For this reason we stated insomesubscriberstoregistertheir our files are always updated on trans-178.31(a) (5) that specific procedures forcomplaints. fers of ownership as soon as they occur.the resolution of subscriber complaints When we receive this information,itshall be included in the franchise and FRANCHISE CONSISTENCY would be checked for compliance withthat there shall be a local business office 90. As we have said throughout the our cross-ownership rules. A statementor agent available to subscribers to rem-period of developing these rules for ca- of such compliance accompanying theedy complaints. Many franchises are nowble television, the process is evolution- submission mirht also be required. Com-being reviewed which have full state-ary. We expect to continue to modify. ments on this proposal or any other rec-ments of tie franchisee's obligations toclarify, add, or eliminate provisions as ommendations on dealing with the com-resolve subscriber complaints but no indi-the need arises. We intend to remain plex problems Involved will transferscation whether the franchisor has anyflexible in this regard and franchising of control as well as franchise expira-responsibilities. We wish to make it clear,authorities should be on notice that this tion, cancellaticn, and termination aretherefore, that this obligation was meantis the case. For this reason, we included invited. The discussion of these problemsto cover both parties. the requirement* 76.31(a) (6)thata above should put all parties on notice 87. If no specific franchise statementfranchiseshouldspecificallycontain that we consider this a particularly diffi-indicates with whom or where to regis-provisions allowing for amendments to cult area that requires careful study andter complaints at the local level andcomply with our rules. Unfortunately perhaps additional regulation. what will be done with them once re-although this rule appears to be clear SUBSCRIBER RATE REGULATION ceived, the public is not well served. Theon its face, many franchises have not result of this information gap to sub-included such a provision. It should be 84. In § 76.31(a) (4) we require thatscribers is that local complaints oftenunderstood that any required modifica- cable systems, in order to receive a cer-are sent to this Commission." We, intions would have to be made even where tificate of compliance, must have a fran-turn, inform the correspondent that hisa franchise does not specifically state chise providing. for franchisor approvalcomplaint is within the purview of lo-that it is amendable to comply with our of initial charges for installation andcal not federal officials, and he shouldchanges within one year. However, we regular subscriber service. We have in-contact them. Much time and effort iswould prefer a clear statement In the tentionally and specifically limited ratethus wasted. franchise to that effect to make sure all regulation responsibilities to the area of 88. In order to fully comply withparties are aware of the possible need regular subscriber service, and we will§ 76.31(a) (5), therefore, we expect thatfor modlifications. continue to do so. We have defined "reg-franchising authorities from this point ular subscriber service" as that serviceon will include specific provisions in the FRANCHISE FEES regularlyprovidedtoallsubscribers.franchise on what government official 91. In § 76.31(b) a limitation is im- This would include all broadcast signalwill be directly responsible for receivingposed on the franchise fee deemed ac- carriage and all our required accessand acting upon subscriber complaints."ceptable in an application for a certifi- channels including origination program-We would also urge that this informa-cate of compliance. Many questions have ming. It does not include specialized pro-tion along with the specified procedurebeen raised about the perimeters of this gramming fur which a per-program or limitation (see, e.g., FSLAC final repot per-channel charge is made. The purposefor reporting trouble to the cable opera-(Appendix Si "memorandum regarding of this rule was to clearly focus the regu-tor be given to all subscribers as theyclarification of §76.314b) and related latoryresponsibilityfor regular sub-are hooked into the system. Some com-matters" and the associated minority scriber rates. It was not meant to pro-munities have required that a card withopinion.) mote rate regulation of any other kind.this information on it be given to each 92. The purpose of the limitation we 85. After considerable study of thenew subscriber, It seems to have workedimposed was clearly stated in the Cable emerging cable industry and its Pros- Television Report and Order: pects for introducing new and innova- aTThis Commission has established a sub- We arc seeking to strikea tans 111,, tive communications services, we havescriber complaint service to aid the public.that permitsthe achievement offederal concluded that, at this time, there shouldIts efforts are primarily aimed at clearinggoals andat the same timeallows adequate be no regulation of rates for such serv-up misunderstandings between subscribersrevenuesto defray the costsof loyal regtil.t- ices at all by any governmental level.and systemswith regard to our rules andt.ton. Attempting to impose rate regulation onthe informal resolution of complaints. ,,peclalized services that have not yet Is We propose changing our rules to makeWe have found no reason to change our this requirement clear. Any interested partyposition on this matter. The use of the developed would not only be prematuremay file comments on this notice of pro-franchise fee mechanism as a re% enue but would in all likelihood have a chill-posed rulemaking. Comments on this sub-raising device frustrates our efforts at ing effect on the anticipated develop-ject should be referred to Docket No. 20024.developinganationwidebroadband

FEDERAL REGISTER, VOL. 39, NO. 78MONDAY, APRIL 22, 1974 112914 PROPOSED RULES communications grid. Excessive fees orsee if it reasonably complies with ourfigure will not be adequate and that the other demand.s In effect create an ob-rules. specificcontemplatedcostsof the struction to Interstate COITIMCFCe which specific regulatory program require extra must be avoided. STATE AND LOCAL FEES input in the form of fees up to five per- 93. The figure of tIver percent of 99. It should be noted that we includecent of gross subscriber revenues, we will gross subscriber revenues seems to moreall non-Federal regulatory fees In ourentertain waiver requests. than adequately compensate the aver-limitation. The purposes stated in the 104. Petitions to justify fees in excess age franchisingauthorityforactualReport and Order would clearly be cir-of three percent should include both a regulatory costs. We have provided acumvented if we interpreted the rule.ull description of the special regulatory waiver mechanism for fees up to fiveotherwise. Our concern that " highprogram contemplated and a full ac- percent of gross subscriber revenues inlocal regulatory fees may burden cablecounting of estimated costs. Such peti- those cases where an unusual or experi-television to the extent that It will betions should also contain information on mental regulatory program is proposedunable to carry out its part in our na-theestimated (subscriberpenetration that can be shown to need the extrational communications policy "and the derived figures on revenue anti- evenue. (Para. 185) is Just as valid if the burden-cipated from the franchise fee. It is only 94. Because of the many questionssome fees are imposed by a combinhtionwith a complete showing of this nature raised regarding this rule we will reviewof local authorities. Accordingly, boththat we can realistically determins if the thereasoning,intent,andscopeoflocal franchise fees and state fees, if any,extra fee request is justified and that it 7(1 31( lit as it relates to the rest of ourwill be added together to determine com-will not adversely affect the operator's rules.First.somedefinitionsappearpliance with our fee limitations. ability to accomplish federal objectives. necessary. 100. Another related problem has re- 105. The recitation of the normal ob- cently been brought to our attention inligations to oversee a franchisee assumed "(moss SUBSCRIBER REVENUES" this area of fees. Several jurisdictions areby the local authority is not sufficient to 95. The term "gross subscriber reve-now attempting to impose a "use tax" aswarrant extra fees. Justifications that nues" is meant to include only thosewell as a fee for cable television service.simply allocate a portion of the time and revenues derived from the supplying ofIt would appear that such a tax, particu-salary of various city officials to cable regular subscriber service, that is, the in-larly when its purpose is described asregulation without a full explanation of stallation fees, disconnect and reconnectgeneral revenue raising, results in thethe special regulatory program to be fees, and fees for regular cable benefitssame potential harm we are attemptingcarried out will also not be considered including the transmission of broadcastto avoid by imposing a franchise fee limi-sufficient. Such an allocaLion, without signals and access and origination chan-tation. While the particular cases beforeamplification, would only confirm that nels if any. It does not include revenuesus (CSR-479, Stockton, Cal., and MR-the fee is being used to augment the derived from per-program or per-chan-499, State of Florida) will be dealt withgeneral treasury as a revenue raising nel charges. leased channel revenues, ad-in separate actions, we think it is neces-device.'" vertising revenues, or any other incomesary to express our concern about this 106. The reason we have allowed for derived from the system. development. The burdens and obstruc-extra fees despite our concern over the tions to the growth of a viable nation-possible 'strain such fees impose on our F5'ES FROM AITX IL TARY SERVICES wide communications grid remain thenationwide program is to maintain flexi- 96. We recognize that the income de-same whether imposed via a fee or a taxbility In those cases where a special of- rived from auxiliary cable services maymechanism. fice of telecommunications (such as in ut sonic future time constitute the bulls FRANCHISE FEE WAIVERS New York City)is warrantod by unique of a cable system's receipts. We have no circumstances or special personnelis Intention of depriving the franchising 101. As we noted earlier and madehired to handle cable television regula- authority of a reasonable percentage ofclear in the report and order, waiver oftion and complaints, the new costs could those receipts at that time. But for now,the three percent ceiling is available.in part be covered by the higher fran- the monies derived from ancillary serv-Indeed, even our rules indicate that upchise fee. Very few situations of this type ices are best used to support the develop-to five percent could be considered a rea-have come to our attention. ment of those experimental and largelysonable fee depending on specific show- unprofitable services. We encourage ex-ings. Many have asked what exactly need LUMP SUM PAYMENTS perunentation In ancillary services. Anybe shown to allow a fee between three 107. Included in our fee limitation is funds that can be treed to support thoseand five percent. a notation on lump sum payments or services will ultimately benefit the com- 102. While each case, of necessity, ispayments-in-kind. It is important that munity of the system and aid our effortsdifferent and must be handled on an In-everyone understand the ramifications at seeing these services develop nation-dividual basis, some general guidelinesof this notation. Were we to allow a large wide. can be given. The bulk of the regulatoryinitial lump sum payment for securing 97. Because we are presently imposingburden at the local level comes in thethe franchise it would negate the effort a "gross subscriber revenues" limit onfirst few years of cable development. Thewe have made to limit the franchise fee. franchtse fees which may, at some futurecreation of a cable ordinance and theBidding contests would continue un- date, be lifted, we suggest that franchis-granting of a franchise as well as super-abated. The public would be the ultimate ing authorities write their franchise feevision of construction all occur In thisloser since the franchising authorities provision flexibly. that is. using a "grossperiod. Aside from normal franchise en-and bidders would focus on bidding subscriber revenues" base for now butforcement. and review, very little actualrather than how and by whom the best including a provision for the base toregulation on a day-to-day basis goes onservice can be provided to the commu- change to "gross revenues" automaticallyafter this initial surge of activity. Thenity. We therefore Include any lump sum 'IttheeventthatthisCommissionnumber of franchises now being adoptedpayments in our injunction on the ulti- changes its rules. with our fee limitation intact indicatesmate size and effect of the fee. Such pay- 98. There have been severalcasesthat three percent of gross subscriberments are amortized over the term of the v.liere n franchise fee was based on some-revenues does cover these costs. franchise to determine their effect on thing other Wan gross subscriber reve- 103. It is the rare case where a morethe percentage figure. One exception to nues. Generally, such instances arisecomprehensive regulatory programisthis method Isstated consulting fees when the fee is based on a specific mone-contemplated that extra fees might beand expenses incurred in the granting or tary figure per year per subscriber. Injustified. Such programs are usually inrenewal of the franchise. If these fees thus cases. the percentage isfiguredthe larger markets or where Z.xperl- based on We subscriber rate and an av-mental applications of cable are being " We note that the Report to the President erage penetration estimate. Regardlessattempted. In these cases, we recognizeby the Cabinet Committee on Cable Commu- of how the fee Is stated, however, we willthat our three percent fee limit mightnications(1974)has adoptedourView attempt to translate the fee into a per-not cover the costs incurred. Where ttagainst the use of cable franchise fees for centage of gross subscriber revenues Wcan be shown that the three percentsuch purposes. Recommendation 9(e).

FEDERAL REGISTER, VOL. 39, NO. 78MONDAY, APRIL 22, 1974 PROPOSED RULES I 129!) are not excessive and can be shown as 110. A trend seems to be developing 113. It should be noted that we are direct costs to the franchising authority,where franchising authorities specify inmaking a distinction on what will or a ill we think they should be recoverable fromthe franchise the production equipmentnot be viewed as part of the franchise rev t Ice ultimate franchisee or from all fran-to be made available. Some franchises"payment-in-kind" limitation. Itequired c Mae applicants as has been done inhave become so technical that they evenextra services that benefit only one group some cases. It is not unusual for theinclude the model numbers of particu-of special users is still considered a type ranehisIng authority to spend severallar microphones and cables. While suchof cross - subsidy that will be viewed in t housand dollars for an independent sur-"service package" requirements are notrelation to the franchise fee.A:.1111 e\ vey or consultant to aid In developing theprohibited by our rules, we do not thinkample. the operator being requiredI.) cable ordinance. So long as these ex-it is a particularly good idea. Technologywire the entire local school system be penses do not become a new form ofin the area of low-cost video productionclosed circuit cable use would stillhe Lidding ac will not include them in ourequipment is advancing so rapidly thatconsideredpayment-in-kind. Specific calculation of franchise fees. A specificsuch specifications are likely to be anequipment orpersonnelrequirements showing of the expenses, however, shouldinvitation to planned obsolesence. Wewhere the benefits are available to all be made. Ideally, the expenses should beonly repeat, in this regard, that origina-cable users would nut calculated and set priorto franchisetion and access will not work because of 114. Our purpose. in pare in impost') lidding and the established costs eitheranything written in a franchise. It is fara franchise feeorpayment -In -kind allocated among the bidders or applicablemore important for the franchising au-limitation was to prevent the siphonine t o any franchisee. Of course, we will con-thority to assure itself of the character,of the limited available capital for cable tinue to watch such charges for anyresponsiveness, and interest of the poten-developmentforotheruses,thereby evidence of abuse. tial operator than itis to write strictthreatening the success of our overall na- franchise provisions in this area. Thetional goals. We intend to maintain that EXTRA SERVICE rACKAOE REQUIREMENTS mere requiring of specific cameras andlimitation. Reasonable service require- 108. Anotherarea that we closelyequipment will not guarantee successfulments that directly benefit cable develop- monitor In relation to the franchise feecommunity access. Real commitment andment and use by all parties is compatible the rather all-encompassing probleminterest cannot be required in any legalwith that. purpose. of "extra services". This has includeddocument. 115. Another reason for this adjust- everything from the tree wiring of en- 111. As was noted earlier, if the fran-ment in our review policy is that the tire school systems to the building of tele-chising authority wishes to specify thecomplexitiesinvolvedinanyservice vision studios attached to the local highservice package it expects from the op-package offering and the innumerable .hool, extra free channels, fees for ac-erator in the franchise we will not stopvariations result In nn ad hoc adminis- cess groups, and even free television setsit from doing so. Reasonable service offer-trative process that cannot be effectively for city officials. This is a very difficultings can and are being made in thecarried out with any Consistency We are problem to deal with, as can be seenfranchising process. Both franchising au-however. sensitive to our obligation to le- from the Federal/State-Local Advisorythorities and franchise applicants mustsure that abuses do not arise that will c'ommittee's rather lengthy discussion ofrecognize, however, that any specifica-threaten our nationwide program. For t he topic, supra. It is precisely becausetion of services will reflect on the costs ofthis reason. we expect to issue a Notic. these "extra services" take such diversethe over-all service to the community.of Proposed Rulemaking in the near in- forms that specific guidelines are al-Excessive service demands or offers willLure that will suggest revisions in ourfil- tiost impossible to enunciate. We will at-affect the viability of the system. CableIng and reporting procedures so that we tempt to discuss some of the more com-operators must learn that accepting suchcan ,:ct more specific data Lai the costs el monly requested extra services and theirdemands simply to secure a franchisespecial service packages. relationship to our overall policy. In thatmay not be in their or the cities best 116. The information we Neill be seek way we would hope that franchisors andinterest. Similarly, franchise authoritiesing is also information that any respo applicants can he more sensitive and re-must be cautious in accepting high pricedsible franchising authority should de- sponsive to the problems we see develop-extra service offerings on the basis of bidmand prior to accepting any applicant's ing. procedures. The net effect of some super-proposal, i.e.. what are the expected ex- 109. In many if not most franchises,ficially attractive offerings might be apenses involved in the service ollerina the franchisee is required to install onebasic system that does not find it possiblehow will those expenses contribute to th. free "tap" or "drop" In each local schooleconomically to serve the communityquality of cable services in the caul and often In every other governmentproperly. munity; what will be the effect of tho, building (city hall, firehouse. etc.). We 112. It has been our policy to date toexpenses on the fina:nail yiahchtyof tee have no objection to such a provision. Inview any service package requirementssystem, etc. few instances, however, the free extrain relation to our franchise fee limita- 117. We will no loneer attemptt. service has been much greater. Sometion. We plan to relax this approach ex-"second guess" the franchising author- franchises have required the cable opera-perimentally. The service packagesoity on the answers to those types of ques- tor. for instance, to wire each room inlong as it is directly related to servicestions. It is hoped that all parties will :ill the local public schools. This in es-and equipment which can potentiallyrealize that decisions made in the area of sence requires the operator to internallybenefitallcable userswill now berequired services may well have a major wire the school system free of charge.treated as a contractual question and, soimpact on the development of cable in Such an expense can he. considerable,long as the package is not clearly exces-any particular locale. We will. howl.% cr. especially when several hundred roomssive, solely up to the discretion of thecontinue to monitor such agreements. Ii might. be involved. The cost. of equipmentfranchisor and franchisee.' We wish towe find that serious abuses are arising and materials alone could amount toemphasize, however, that we are relaxingthat could effect our national goals we more than the revenue derived from thethe effect of our rules experimentally.stand ready to re-establish proccdure., to franchise fee. It is this sort of indirectAny evidence that cable °aerators orremedy the problem. "payment-in-kind" that we are watch-franchisors are using this relaxation to 118. Once again.itshould be em- ing very closely and will not allow with-return to the damaging process of sim-phasized that the flexibility we are re- out justification. This type of expense is couraging inservice packagesisre- lust as real and has just as much of anple "bidding contests" will result in thestricted to services, equipment or person- effect on the franchisee as a simple fee.immediate reinstitution of our formernel available to all cable users. Proposals All parties must begin to recognize thatprocedures. that would benefit only one class of cable when such costs are incurred they of users would not be acceptable. Studios, ilecessity often become trade-offs on service provided elsewhere to the community .1.n this context we are discussing "serv-equipment, or mobile vans designated for ice packages" only as they relate to equip-use or given specifically to one group such at large. In this example we merely have ment, personnel, etc. This does not Include I he cable operator subsidizing the schoolpre-empted services such as extra channels,as the educational authority or a public system. That Is not his function. origination programming. etc. access group would not be reasonable.

FEDERAL REGISTER, VOL. 39, NO. 78 MONDAY, APRIL 22, 1971 11300 PROPOSED RULES Such equipment, etc., must here to theLion the special uses fees are limited todevelop responsive and flexible regula- benefit of nil users, including the cablethe two percent "pad" between three andtions for an emerging industry. The an- operator, for his own origination pro-five percent. It is unlikely that we willnouncement of several new rule making bromming, if any. As was explained Inallow waivers for any proposal that ex-inquiries hereinis yet another testi- detail earlier in this document, guide-ceeds a total of five percent for regula-monial to the fact that we Intend to con- .ines, and procedures for waivers willtory and non-reseslatory purposes. tinue to investigate, clarify, modify or Ismailiinforceregardingchannel 121. Proposals to use the two percentchange our regulations as the situation seitetty, extra access channel demands,"pad" in the franchise fee rules for pub-warrants, The regulatory concepts we t c lic access purposes pose several signifi-have adopted are new and many of our cant problems for us. While we recognizerules are experimental. We welcome any irsE OF FEES Ton OTHER PURPOSE-% the need for additional funding for ac-supported recommendations aimed at 119. In yet another area where thecess, there are serious difficulties, we feel,improving them. I alienist- fee hmitation has come intowith governmental funding of program- 124. Authority for the rule makings tozegion, we have received ninny in-ming. These difficulties exist regardlessproposed herein is contained in sections tootles regarding the use of the fee forof the mechanism for distribution. We4111, '303, and 403 of the Communications purposes other than to defray regula-intend to issue a separate documentAct of 1934, as amended. All interested tory costs. Proposals hove been made, forshortly that will address this specificparties are invited to file written com- Instance, to use a portion of the franchiseissue. ments on these rule making proposals on lee to pay for access programmhig or to CONdLUSION or before June 7, 1974, and reply com- sId local educational broadcast facilities. 122. In summation, on the questionments on or before June21,1974. Please ss a general rule we have stated that theof franchise fees and extra services ornote that separate docket numbers have tancluse lee should be based on regula-other obligations, we intend to be vigilantbeen assigned to individual rulemaking tory costs.It should not be used forand monitor any such requirementsinquiriesinitiatedherein.Comments revenue raising purposes. We continue tothoroughly to assure that no undue bur-should also be filed separately. In reach- t.old this position at this time. dens are being imposed that would re-ing a decision on these matters, the Com- 1211 As kith most of our other regulft-sult in a diminution of the overall goalsmission may take into account any other t Ions in this field. we intend to maintainwe have set for cable television. Reason-relevant. information before it, in addi- flexibility. We will entertain waiver re-ability is the keynote to any such pro-tion to the comments invited by this quests for the use of franchise fees forgram, and we will remain flexible andNotice. non-regulatory purposes. Such requests,open to any thoroughly considered pro- 125. In accordance with the provisions however, must be very specific. Informa-posals. Our rules and the service require-of I 1.419 of the Commission's rules and tion on how the funds will be used, dis-ments we impose on cable operators areregulations, an original and 14 copies of tributed, and accounted for must be in-intended to provide a solid base for theall comments, replies, pleadings, briefs cluded. A showing that the proposed usedevelopment of a :.ationwide means ofor other documents filed in this proceed- of the fee is consistent with our regula-broadband communications. In most In-ing, shall be furnished to the Commis- tory program and will benefit the devel-stances, no more Is required or, indeed,sion. Responses will be available for pub- opment of u broadband communicationsdesirable at this time. It is unreasonablelicinspection during regular business sN stern will also be necessary. In carefullyto expect an infant industry to be ablehours in the Commission Public Refer- reviewed cases where a specific experi-to start where we all hope it will eventu-ence Room at its Headquarters in Wash- M en t n I program designed for a particularally endas a truly new and innovativeington, D.C. community is presented we will considerhighly complex broadband network. It Adopted: April 15, 1174. granting waivers of our rules. Generallymust be allowed to grow in stages or it Released: April 17, 1974. Peaking the use of these "extra" fees willwill be killed by overexpectation and ex- FEDERAL Comstruncsnoxs be limited to the same maximum now im-cessive demands. Comarssrou posed for regulatory purposes, five per- 123. The clarifications and guidance I SEAL] VINCENT J.Muurris, cent of gross subscribed revenues. Inwe have provided In this document will Secretary. most cases that have come to our o.tten-hopefully aid all parties in our effort to 1FR Doc 74-9141 Fttpd 4-19-74;8:45 :iro I

FEDERAL REGISTER, VOL. 39, NO. 78MONDAY, APRIL 12, 1974 APPENDIX E

Selected abstracts from colleges responding to the national survey:*

COLLEGE AND RESPONDENT CABLE OPERATOR

1. Canada College Telecommunications 4200 Farm Hill Blvd. 12,000 subscribers Redwood City, California 94061 Began operations in 1969 James W. Duke, President

An excellent relationship exists between college and cable operator, who offers the college 4 hours per week of a staff member to assist with college programs. Canada College has developed a communications/cable TV course which provides instruction in the effective use of cable as a mass communications medium. Students produce programs on consumer education, college services, cultural enrichment, and other special interest areas. KRON, Channel 4 in San Francisco, Channel 14, Channel 54, and other cable systems in the Bay area telecast two series produced by Canada at the College of San Mateo's studio KCSM. Students provide all technical services. College has limited closed circuit system.

2. Coast Community College District KOCE-TV (college owned and 1370 Adams Avenue operated) Costa Mesa, California 92626 Began operation in 1972 Bernard J. Luskin, Vice Chancellor Educational Planning and Development

3. Merced College General Electric Cablevision 3600 M Street 6,000 Subscribers Merced, California 95340 Began operation in 1966 Lowell F. Barker, President

College is currently engaged in developing a relationship with the cable operator. Service area receives KQED, Channel 9, the public television station in San Francisco. KPIX, Channel 5 cooperates with the college in presenting "Media in America (produced by New York University) as a "Sun- rise Semester" course. Merced is a member of the Central Valley Consortium of Community Colleges which produces "History of the World Theatre", originating from Fresno, KFSN, Channel 30. Ray Giles, Information Officer at Merced, produces a weekly community report for a local radio station. Have limited closed circuit system.

*Conducted by Howard Community College, Columbia, Md. Completed June, 1974. - 3 -

Selected abstracts from colleges responding to national survey:

COLLEGE AND RESPONDENT CABLE OPERATOR

7. Rock Valley College Metro Cable Co. /CATV of Rockford 3301 North Mulford Road, 3,200 Subscabers/3,260 Subscribe .4 Rockford, Illinois 61101 Began in 1972/Began in 1973 Guy Fiorenza, TV Coordinator

An Educational Authority has been formed in Rockford to coordinate programming over the cable's educational channel. All schools are represented. Service by cable operator includes one cable installation and free monthly service (additional connections at institution's expense). College closed - circuit system included master antenna for off-air signals and television studio for live or pre-recorded programming. Public libraries in the area will also receive installation and monthly service at no charge.

8 Vincennes University Vincennes University Vincennes, Indiana 47591 Serves four cities Glenn Cummins, CATV Office Manager Began operations in 1966

Vincennes University was the first public agency in the nation to float bonds provide a CATV system, obtaining 15-year franchises from four City Councils and one County Board of Commissioners to serve four cities. Two bond issues were offered, the systems were constructed, and this year the system esta'olished educational television to provide: (1) a wider viewing for the communities (10 channels); (2) credit courses to the community and student instruction; (3) serve the Southwest Educational Television Council and make educational television available to public schools; (4) community service through specialized programming; (5) a direct outlet for the presentation of community affairs; (6) programs of a vocational-technical nature to serve the students at the University; (7) in-service training for CATV linesmen and radio and TV broadcasting students. Projections for the next two or three years are that the CATV system will provide at least a quarter to a million dollars to support educational television. The University is also a member of the Indiana Higher Educational Television System.

45. Delta College Flint CATV, Channel 13 University Center, Michigan 48790 19,983 Subscribers William J. Ballard, Director of Began operations in 1965 Television and Station Manager, (4 other systems serving approximately PBS Station 24,786 subscribers)

The college does not access the CATV systems because it holds a license to operate a public broadcasting station; therefore, an educational channel is available at all times. Program production is extensive for both radio and television videotapes are 2". College closed-circuit system interlaced with the station operation. - 4 -

Selected abstracts from colleges responding to national survey:

COLLEGE AND RESPONDENT CABLE OPERATOR

10. Clark Technical College Continental Cable of Ohio, Inc. 570 East Leffels Lane System will begin operations Springfield, Ohio 45505 in January, 1975 Thomas M. McCuistion, Director Instructional Services

Relationship between college and cable operator is very cooperative; cable operator has offered the college the opportunity to be an origination point. Plans for use include community, adult, and continuing education programs. Closed-circuit cable system is extensive and operates on a three -- channel capacity. Equipment includes a black-and-white studio. Production of programs in the health and business areas ranges from on-site recordings to complete studio productions. College participates in the Dayton-Miami- Valley Consortium of Colleges and Universities providing liaison for exchange of books, periodicals, AV materials and personnel. "CATV Training for Com- munity Decision Making", a videotape production by the Consortium is presented by college staff to community groups. Cable operator has agreed to provide porta-pak equipment and free air time for public access. Community acceptance has been very positive.

11. Oklahoma State University Frontier Cablevision Educational Television Services 2,000 Subscribers Stillwater, Oklahoma 74074 Began operations in 1970 Marshall E. Allen, Head Educational Television Services

Cable operator is presently outlining a proposal to establish a formal relationship with the University, including installation of equipment and the relationship between cable on campus and the campus instructional TV distribution system. Respondent will coordinate cable activities. The CATV Ordinance provided for the !nstallation of an outlet in the campus Communications building by the cable operator. :,ollege closed-circuit system (hi-banded quad VTR's) is a color system distributed via a two-channel RF system. Production is done for all public and commercial TV stations in the state, and for the 100 KW stereo public FM station on campus. NOTE: The Oklahoma State Board of Regents operates a "Talk-Back Television System" which is transmitted via microwave to various terminals throughout the state. Educational institutions use this transmitting system to share programs; students enroll in courses offered and resident credit is given for courses completed.

12. Aiken Technical Education Center South Carolina Educational P.O. Drawer 696 Television System Aiken, South Carolina 29801 Began operations in 1965 Robert F. Epps, III, Dean of Instruction

The Center is liked b.. a cable system serving all branches of the University of South Caroline and the 19 Technical Education Centers. Closed Circuit is used for instruction of regular degree and diploma courses throughout the TEC system, community service courses, dissemination of information on special issues and administrative purposes. Two-way capability is operated by Southern Bell and coordinated with the video circuit for audio conferences among the 19 Centers. - 5

Selected abstracts from colleges responding to national slrvey:

COLLEGE AND RESPONDENT CABLE OPELATOR

13. Mount Royal College Community Antenna Television Lincoln Park Campus 50,000 Subscribers 4825 Richard Road, SW Began operations in 1971 Calgary, Alberta, Canada

College has a formal agreement with cable operator to provide telecast time for daily FM radio programming and weekly television shows produced by students. First-year Broadcasting students are responsible for all phases of radio broadcasting; equipment includes a stereo board, two tape recorders, two cartridge machines, ~wo turntables, and a newsroom. Second-year students are responsible for TV program productions including documentaries, sports, news. Equipment includes two color cameras, color studio, switcher system, videotape recorders, an animation camera system, etc. Remote capability is also possible. Non-commercial public broadcasting, both radio and TV, are used.

14. Arizona Western College Valley Telecasting Co. P.O. Box 929 10,500 Subscribers Yuma, Arizona 85364 Began operations in 1961 Robert E. Hardy, Director of Broadcasting

An excellent relationship exists between the college and cable operator. In addition to its standard AM radio station on campus, the college operates a second radio program service over the cable (100 Mc). Regular television programming over the cable began in January, 1974 from the cable operator's studios. A portion of the campus is wired for closed-circuit cable.

15. Black Hawk College Quint-Cities Cablevision 6600 34th Avenue 10,000 Subscribers Moline, Illinois 61265 Began operations in 1972 Robert Fletcher, Director Educational Television and Radio

College and cable operator have established a cooperative relationship to facilitate production and administration. Credit courses over cable were offered for the first time in January, 1974. Television production is extensive for academic enrichment, and specialized areas. College closed- circuit system has three-channel capability.

16. Dodge City Community College Dodge City CATV Dodge City, Kansas 67801 4,000 Subscribers Charles E. Thornhill, Dean Began operations in 1970 Community Services

Relationship among college, cable operator, and franchise authority is excellent. City Commission meetings are cablecast. College uses closed- circuit cable system and non-commercial public TV broadcasting. Program production is accomplished with students (one-hour intensive training in studio) and is focused on public service/interest, college commercials, and educationally oriented materials. Plans for future programming include police training. - 6 -

Selected abstracts from colleges responding to national survey:

COLLEGE AND RESPONDENT CABLE OPERATOR

17. Gadsden State Junior College Teleprompter George Wallace Drive 12,000 Subscribers Gadsden, Alabama 35903 Began operations in 1962 Don Smith, Head of Broadcasting

College and cable operator enjoy a cooperative relationship extending to the exchange of equipment and personnel, and program production for local origination channel is coordinated by respondent. As community service programs increase, additional programming activities will be undertaken. Installation of closed-circuit cable system is nearing completion, and college has applied for a non-commercial FM radio station (3.5KW).

18. Allegany Community College Potomac Valley Television Willow Brook Road 22,228 Subscribers Cumberland, Maryland 21502 Began operations in 1955 J. Kenneth White, Instructional Television Specialist

Cable operator has provided college with cable hookup to receive broadcasts and college closed-circuit system has been wired to transmit programs to cable facility for broadcasting. All programs pertinent to areas of instruction are videotaped as supplements to classroom presentations. Channel 67, Maryland Non-commercial Public Broadcasting (WMPB) is utilized; two televised courses for credit and an instructional supplement. The College, in cooperation with the Department of Dental Hygiene and the Adult Education program, is producing videocassette programs concerned with Oral Surgical Techniques and Procedures; and the Electronics Division is planning a similar undertaking for the Adult Education Program. American Red Cross has been approached to obtain assistance in doing a series on the work of that organization.

19. Johnson County Community College Telecable of Overland Park, Inc. 111th and Ouivira Road 13,500 Subscribers Overland Park, Kansas 66210 Began operations in 1971 John Pearce, Director, Community Cooperation

College and cable operator have established a viable working relationship with the college originating both live and taped programs over Channel 3A. Produc- tions have been of a community services and public information nature (regular programming began January, 1974) with plans for broadcasting instructional programs by fall, 1974. College is wired for clotted- circuit cable. - 7 --

Selected abstracts from colleges responding to nationalsurvey:

COLLEGE AND RESPONDENT CABLE OPERATOR

20. Greenfield Community College Pioneer Valley Cablevision Greenfield, Massachusetts 01301 3,300 Subscribers Lewis O. Turner, President Began operations in 1964

CATV broadcasting includes a one-half hour community, county and state house news program and one-half hour educational broadcasting. Specialty programming on pediatrics using local physicians and town meetings; an election night special, and a three-hour special for the Massachusetts Heart Association. Arthur W. Shaw, Director of Communications, responsible for cable activities. New campus has closed circuit system (occupation fall, 1974).Local commercial station broadcasts one-half hour college programming on Sunday evenings including interviews with faculty and students, or time is given to other community agencies for their use.

21, Southwestern Community College True Vue, Inc. (of Heritage Creston, Iowa 50801 Communications System) Donald A. Rieck, Director 2,089 Subscribers Learning Resources Center Began operations in 1970

Cable operator provides entry/exit service and limited program time on cable. College plans to build TV production facilities in two years and expand involvement in cable. A closed circuit system is installed; program production is limited to short demonstrations, mirror TV and skill analysis. Some noncommercial radio and TV programming is accessed by the college.

22 Ocean City College WETT-TV Box L 5,700 Subscribers Ocean City, Maryland 21842 Began operations in 1963 Luther A. Schultz, Acting President

College and cable operator have excellent, cooperative relationship. Cable- casting has included news programming and a college 24-hour telethon. Public broadcasting via Channel 28 and WBOC-TV, Channel 16 are used to broadcast "College of the Air" and "Sunrise Semester" courses. Ocean City College, Salisbury State College and University of Maryland share responsibility for instructional staff. Plans to use local Channel 9 in September, 1974, in Communications Program, and hope to resume radio and TV program production at that time.

23. Mount Wachusett Community College Montachusett Cable Television Gardner, Massachusetts 01440 10,000 Subscribers Arthur F. Haley, President Began operations in 1968

College has been approached by cable operator to supply extensive programming for cablecasting in addition to current productions. New campus has been constructed with a Public Communications facility equipped with two color studios, four radio studios (one stereo), graphics area, photographic studio, and darkroom as well as an audiovisual support facility for 2,000 students. Frank Hirons, Director of Media Services, responsible for coordinating. Closed- circuit cable installed throughout main campus classrooms, portable units used in other campus locations. Non-commercial public broadcasting is used. - 8 -

Selected abstracts from colleges responding to national survey:

COLLEGE AND RESPONDENT CABLE OPERATOR

24. Kalamazoo Valley Community College Fetzer Cable Vision 6767 West 0. Avenue 16,000 Subscribers Kalamazoo, Michigan 49009 Richard A. Olivanti, Director, Publica- tions and Community Relations

College, in addition to accessing cable channel, has a complete color closed- circuit cable system on campus and a two-year radio and television curriculum. Approximately 100 TV programs per academic year are produced for classroom instruction on campus and other school districts (under contract), as well as outside agencies not seen on cable. Students participate in program production. Also have student-operated Radio Learning Laboratory. College credit is given for student participation in program production activities.

25. Rainy River Community College 7,000 Subscribers International Falls, Minnesota 56649 Wallace A. Simpson, President

Cable TV is accessed by the College to a limited extent providing experimental programming such as sociology courses (Marriage relationships) with plans for future attempts. An FM stereo radio station (KICC-FM) is operated on campus (36 watts), about 10 hours a day, year round. Richard Hill is college staff member responsible for station management. APPENDIX F

Page 8 THE ROOSTER Thursday, June 27, 1974 C le

By Lisa Holstein Since acityordinance Robert W. Newlon, direc- DonlMillet, president of Kay Wise said customer allowed cable television tor of public utilities, said he the Ohio Cable Television requests for more Cleveland companies to begin building foundthefour originally Association(OCTA),said and Cincinnati sports are in Columbus in 1968, nearly franchised companies were the number of cable compa- also beyond the powers of 600 miles of cable have been "spending a great deal of nies interested in Columbus the cable companies. planted and Columbusis time getting pole rights (the might be expWaed by the "lf it's blacked out there, well on its way to becoming cablecompaniesarere- "attractiveness of the mar- we can't show it either," she a "wired city." quired to use existing poles ket in elation to the number said. All-American Cablevision by dealing with the tele- of signals it gets." has nearly 200 miles of cable phone and electric compa- Without cable, Columbus Local sports planned and 7.000 subscribers (Plus nies wherever possible), and receives only the three local However,AlWilliams, over I orders not yet in- getting into feuds." network affiliates and one manager of Warner in Co- stalle I/. Coaxial Communi- One companyhadits UHF channel. lumbus, said they re plan- cations has 225 miles and license taken away because "Part of what cable has to ning to produce their own 14.000 subscribers, and it had not begun develop- offer is selectivity in terms local sports shows, and gave Warner Cable of Columbus, ment and Newlon said he of broadcast signals," Millet showings of Columbus Owls whoseoperations, include suggested each of the three said. hockey games as one possi- theClinton ville -Beech wold remaining get a "zone of in- Columbus teat market bility. area, has 225 miles of cable fluence and stay within it." Kay Wise, marketing ThetFCC alsorequires and 10,000 subscribers. manager for Warner Cable, cable companies to provide A fourth new cable com- City divided said they are concentrating several channelsoflocal pany, Advanced Cable Tele- Newlon split the city up on Columbus because of its origination. One must be vision, has been licensed by into three sections, where status as a national test city educational access, one gov- the city, but has not yet he "strongly suggested" the for products of all sorts, and ernment access,and one started building. companies remain until they it's position at 27th in the public access, provided free have service available to 80 Open operations national television market. of charge to the user. A per cent of the homes there. None of the cable compa- fourth channel may he a Most cities the size of commercial station. Columbus have only one or Newlon said the areas are nies have any choice in the two cable companies operat- about equal in terms of the independent channels they The Board of Education bring in. The Federal Com- ing. In Columbus. however, potential subscribers living and city government must the city Ordinance provided within them, although War- munications Commission be allowed to usetheir for non-exclusive franchises ner appears to have the (FCC) tells them which ones sena *um& U tbsy se. in compliance with a state largest section since it oper- they may pick up and the fit, akhousk neither channel law that forbids giving one atesinkipper Arlington programming may not be is presently being taken full through an agreement made modified in any way. advantage of in Columbus. =pay favor aver milk The city ordinance also re- OP. independently with the city government there. quires all cable companies to Columbus residents must Theoretically,allthree Advanced cable will be give full-timecarriageto he allowed up to five min- companies could operate allowed to build anywhere WBNS, WLWC, WOW, utes for no charge on the any where in the city rather and WTVN withoutany public access channel. Lela i:oaSItay as originally proscribed. although Newlonsaidthe changes in program or ad- Camera available presently remain in, It was vertising content. Warnerhasa mobile the competition this part of company had expressed in- terestspecificallyinthe Robert Cowak, director of camera availabletoresi- the ordinance inspired that marketingfor Coaxial Com- dents, which can be used by made the waitfurcable Model Cities area ou the East side. munications, explained this any adult who fill out the service such a long one. is why he cannot satisfy formsatWarneroffices. customers who askthan Warner willgive instruc- commercialshe cut down, tions on the use of the and why the cable compa- camera, which may then be nies can do nothing about taken to wherever the user superceded programs needs to dohistaping. (wherethelocalstation pre-emps a regularly scheduled show). "We have been accepting Local 0, igination pro Their only technical prob Wise said at presentit public access material, but grams could create further lem so far has been with onlytakes44hoursfor we're stillin the build-up problems for subscribers in system outages, where the anyone requesting War wrs stage," said Nyhl Henson, finding out what isbeing entirepicturedisappears. service to have itinst a program director for War- shown when. Wise said a Wise said in Warner's It is installed the same way ner. "We're not really en case, free booklet, "TV Facts," is these should only last foran asatelephone,Williams couragingituntil we are distributedatplaceslike hour at the most. explained.A one quarter completely equipped to han- supermarket check-outs inch wireisled from an dle it properly." which lists the offerings of "We generally know there easement, either on a utility the independent channels. is an outage even before the pole or underground, to an The Clintonville-Beech- public knows," Wise said. outlet in the home. Subscriptions offered "We can pinpoint the loca- old Community Resource One company is now offer- tion and have crews out For an additional $7.50 Center ICRC) at 3176 N. ing subscriptions to "Cablo installation fee and an extra High St. Is presently devel- even before we start getting TV Programs," which will calls." SIM per rentitb, extra nets oping plans to work with come out bi-weekly can be booked. residents in promoting pub - at a Rates regulated lie access. They plan to get cost of $2.95 for 10 issues. Itisnotnecessary to under way withina few Installation and monthly remove the outlet when a Local televisionstations service charges are regulat- family moves, although Wil- weeks. don'tseemtobereally ed by city council. Rates, barns said there wouni be a Newton said he hopes to worried about the cable in new installation charge for approach City Council with which are now setata terms of competition. Ben- maximum of ;15 for installa the new family in the home plans to use some at the rev jamin MCKeel of WLW-C to get it hooked up to their enues brought into the city tion and $5 monthly, cannot said television broadcasters he raised without council's set. by the cable companies (they as an industryaremore must each pay a six per cent approval. So far, cable subscribers concerned over the possibili- say they have been pleased tax on their earnings to the ties of pay cable. At this point, Wise said city) ointo work in develop- she knows of only with the service. Ev,m the ing public access material. one city, in Virginia, which director of publicutilities "We feel free entertain- has had a raise in rates ap- said he is happy with the Williams said he expects mentwill be done away Warner's commercial chan- proved. progress the companies are withif pay cable comes," making in wiring homes." nel to he ready "in about a McK eelsaid."Ifalarge month." Warner is presently He Also added that he was cablecompany couldhid happy he could see one of his building a studio in their highenoughtogetthe offices at 4284 N. High St. old favorites, "Hogan', Her- sports and movies now oes," aired regularly by one "A person will be able to shown on the networks, the buy an hour for literally a of the independent cI .innels only way they could get the the cable makes avail Mile. few dollars," Henson said. money back would be to Specific rates for advertis- charge for the showing." ing have not yet been set. Studio possible Milletof OCTVA dis Richard Howe, marketing agrees. "There's no way it director for All-American, could siphon off program- said they are looking into ming." he said. "Pay TV is the question of a studio, but here to stay and is a viable have no concrete plans yet. product." Cewak of Coaxial does not Pay TV available Way. it 'AB be fistaatialty Millet said pay TV is now feasible for any *ebb com- available in 45 communities pany to produce and broad-. tothtnation, -iacludiug cast its own shows. Toledo, where be said f4 Is "very successful." "We anticipate providing Coaxial is presently ex; localorigination,working perimenting with pay TV in for a break-even standing," Columbus, with 1,000 sub- Cownk said. "We have insti- scribers hooked up. tuted a dialogue among the Cable subscribers are three companies to see presently offered the three about possible service to the network affiliates, WOSU, entire metropolitan area two Cleveland and one Cin with singlyor multiply cinnati channel, automated based local origination." weather and news stations, and will soon be receiving a localoriginationchannel. All-A rnerican aliko offers a MAP SHOWING the informal division of the city by the cable community bulletin board. companies. Warner is developing the city west of 1-71 including Upper Arlington but not Worthington. AAC Is working south of Livingston Ave. Coaxial is installing cable east of 1 -71, north of Livinoon Ave. and also Whitehall. The downtown area is not wired.