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Fcc Docket Summaries

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Fcc Docket Summaries FCC DOCKET SUMMARIES The following is a listing of significant Federal required to franchise under Section 621 of the Communications ("FCC" or "Commission") ac- Communications Act of 1934. Factors cited by the tions that were initiated from March through De- Commission included that ECI: (1) is a satellite cember 1998. The docket summaries are organ- master antenna television provider which serves ized according to the FCC bureau responsible for multiple dwelling units in the state of Michigan; the matter. The docket summaries provide brief and (2) is presently a subscriber of Ameritech's synopses and citation to the full text of the FCC video service to distribute its programming to action, but are not intended to serve for the origi- multiple dwelling units. nal text contained in the original sources. In making its determination, the Commission noted that the relationship between ECI and CABLE SERVICES Ameritech is a carrier/user relationship and sepa- ration of ownership exists between the two. Addi- tionally, Ameritech has no control over the con- tent of ECI's programming. Further, there CS DOCKET No. 97-80; REPORT No. CS 98- is capacity to provide the service to other program- 11: CS DOCKET No. 97-80; REPORT No. CS 98-11: In re Implementation of Section 304 of the ming providers. Lastly, the FCC determined that Telecommunications Act of 1996; Commercial ECI is not a cable operator required to franchise Availability of Navigation Devices, Order,June 11, because Ameritech's facilities were not con- 1998. structed at the request of ECI. The Commission adopted rules that provide for the commercial availability of set top boxes and CS DOCKET No. 98-201; REPORT No. CS other consumer equipment used to receive video 98-16: In re Satellite Delivery of Network Signals signals. The Commission adopted these rules to Unserved Households, Notice of Proposed pursuant to Congressional direction in the Tele- Rulemaking, Nov. 17, 1998. communications Act of 1996 ("1996 Act") to cre- The Commission adopted a Notice of Proposed ate rules which would enable consumers to obtain Rulemaking regarding television signals. Televi- navigation devices from commercial sources other sion signal intensity is used to determine whether than service providers. The Commission ordered a consumer is unserved by the broadcast network that multichannel video programmers must sepa- station, thus, making them eligible to receive rate out security functions from non-security func- those stations using a home satellite dish pursuant tions by July 1, 2000. An exception was made for to the 1988 Satellite Home Viewer Act ("SHVA"). the navigation devices that operate throughout The SHVA limits the ability to receive broadcast the continental United States and are available network affiliate programming via satellite to from unaffiliated sources. Additionally, the Com- those that are unserved, determined by Grade B mission established a prohibition on the sale or intensity. The Commission requested comments lease of new integrated boxes as of January 1, addressing its authority to amend the Grade B 2005. Until that time, the Commission has ap- definition as it relates to the SHVA as well as how proved the offering of devices that have security it may be redefined. The Commission acknowl- functions and non-security functions integrated. edged that it does not appear to have statutory au- thority under the SHVA to prevent subscribers in- FCC REPORT No. CS 98-9: In re Entertain- volved in the court cases from losing the service. ment Connections Inc.; Motion of Declaratory Ruling, Order,June 30, 1998. CS DOCKET No. 96-83; REPORT No. CS 98- The Commission ruled that Entertainment 17: In re Implementation of Section 207 of the Connections, Inc. ("ECI") is not a cable operator Telecommunications Act of 1996; Restrictions on COMMLAW CONSPECTUS [Vol. 7 Over-the-Air Reception Devices: Television mission proposed that these duties be performed Broadcast Service and Multichannel Multipoint by the Universal Service Administrative Company Distribution Service, Order, Nov. 20, 1998. ("USAC"), the entity that currently administers The Commission amended its rule under Sec- the high cost and low income support mecha- tion 207 of the Telecommunications Act of 1996 nisms, and that performs billing, collection, and to promote consumer choice and competition in disbursement functions for all of the universal ser- the video programming distribution market. The vice support mechanisms. rule prohibits any restrictions that impair the use Noting that the USAC Board includes individu- of dishes and antennas in rented apartments, als with the experience and expertise to under- homes or dwellings, and adjacent outside proper- stand and implement the distinct missions of the ties that are exclusively used by the renter. The schools, libraries and rural health care support Commission concluded that the rule does not ex- mechanisms, as well as, significant industry-wide tend to common areas that are owned by a land- representation of both contributors to and benefi- lord or community association. The Commission ciaries of the universal service support mecha- stated that it would not impose an affirmative duty nisms, the Commission concluded the best option on landlords or community associations to install in accordance with Congress' request would be or give up their property to permit viewers to in- for USAC to serve as the permanent, sole adminis- stall Section 207 devices on common areas. trator. The Commission indicated Congress' request concerning revision of the administrative CS DOCKET No. 98-102; REPORT No. CS struc- ture was sparked in part by a recent letter from 98-18: Fifth Annual Report on Competition in Video Markets, Dec. 17, 1998. the General Accounting Office ("GAO") which The Commission adopted and submitted to contended that the Commission lacked authority to Congress its Fifth Annual Report on competition direct the National Exchange Carrier Associa- in markets for the delivery of video programming. tion, as a condition of its appointment as tempo- The report's findings reveal that cable television rary universal service administrator, to create sep- continues to maintain a dominant market posi- arate entities for the purposes of administering tion because it is the primary delivery of technol- support for schools and libraries and rural health ogy for the distribution of multichannel video care providers. While the Commission argued it programming delivery ("MVPD"). The Commis- acted lawfully, it welcomed action by Congress to sion did find that the number of subscribers of resolve the issues raised by the GAO's letter. Ac- noncable MVPD's have increased as a result of the cordingly, the Commission respectfully requested growth of direct broadcast satellite services. How- from Congress specific statutory authority that ever, other noncable MVPDs have declined in would eliminate any question concerning the their number of subscribers. The Commission FCC's authority in this regard. also found that the 1996 Act's removal of barriers to LEC entry into the video market has not yet FCC DOCKET No. 98-90; CC DOCKET No. generated competition. 98-67: In re Telecommunications Relay Services and Speech-to-Speech Services for Individuals COMMON CARRIER with Hearing and Speech Disabilities, Notice of Pro- posed Rulemaking, May 14, 1998. CC DOCKET No. 98-13: Report to Congress, Re- The Commission proposed several ways to im- port in Response to Senate Bill 1768 and Confer- prove the quality of existing telecommunications ence Report on H.R. 3579, May 8, 1998. relay services ("TRSs") and expand those services In a Report submitted to Congress, the FCC for better use by the 2.5 million Americans with proposed that a single entity would administer all speech disabilities in order to advance the goals of forms of federal universal service support. The Title IV of The Americans With Disabilities Act of Report responded to Congress' request that the 1990. Among the proposals included in the No- Commission propose a single entity for adminis- tice of Proposed Rulemaking were the following: tering universal service support for rural health (1) the costs of speech-to-speech services and care providers, schools and libraries. The Com- video relay interpreting should be recoverable 1999] FCC Docket Summaries from theTRS Fund; (2) all common carriers pro- that a single entity, USAC, administer all forms of viding voice transmission services must ensure universal service support. The Order noted that that speech-to-speech services are available the Schools and Libraries Corporation ("SLC"), throughout their service areas within two years of the Rural Health Care Corporation ("RHCC"), adoption of final rules; (3) the current TRS mini- and USAC must file with the Commission, for its mum standards should be strengthened; and (4) approval, a joint plan of reorganization by July 1, the TRS enforcement rules should be amended to 1998. Finally, the FCC lowered the level of com- improve the Commission's oversight of certified pensation for the officers and employees of SLC state TRS programs. and RHCC, effective July 1, 1998. CC DOCKET No. 96-45: In re Federal-State CC DOCKET No. 96-45: In re Federal-State Joint Board on Universal Service, Order,June 12, Joint Board on Universal Service, Order, July 17, 1998. 1998. The FCC modified the mechanism by which The FCC released an Order asking the Federal- schools and libraries will receive discounts on State Joint Board on Universal Service for recom- communication services. In the Order, the Com- mendations related to the amount of universal mission revised: (1) the funding year for schools service support that non-rural telephone compa- and libraries support mechanism; (2) froze the nies should receive for serving high cost areas. Is- amount of funding at current rates; (3) revised sues referred to the Joint Board included an ap- the disbursement rules to ensure that the most propriate methodology for determining the disadvantaged schools and libraries get priority amount of high-cost support for non-rural carriers support; and (4) made other administrative (i.e., a method for distributing support among the changes consistent with the intent of Congress.
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