FCC Web Documents citing 76.934

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1459A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1459A1.txt
  • allocate costs between programming tiers, equipment, and unregulated services. Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393, 7422 ¶ 58 (1995) (``Eleventh Reconsideration''). See FCC Form 1230, Module A; Instructions for FCC Form 1230 at 2-3. 47 C.F.R. § 76.934(h)(5)(i); Eleventh Reconsideration at 7419 ¶ 54. Eleventh Reconsideration at 7424 ¶ 64. FrontierVision states it filed FCC Form 1230 with the City on or about April 15, 1997. FrontierVision's form shows a selected per channel rate for programming of $0.74394 as compared to the ceiling of $0.91 from Line A6. See Instructions for FCC Form 1230 at 3. FrontierVision's form
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1749A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1749A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1749A1.txt
  • which did not include the small system cost-of-service methodology. However, later in the order, the Commission applied the same eligibility standards to that methodology as well. Id. at 7427-28. Id. at 7413. Id. Id. at 7427-28. During the waiver period, Northland may file only one Form 1230 in each franchise area served by the Greenwood system. See 47 C.F.R. § 76.934 (c)(3). Upon the filing of Form 1230, the Commission's rules permitting a certified local franchising authority to review the proposed rates, to request additional information, and to toll the effective date of the proposed rates, will then apply. See Small System Order at 7425; see also 47 C.F.R. Part 76, Subpart T (Notices); 47 U.S.C. § 552. Small System Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1599A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1599A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1599A1.txt
  • a small cable operator with respect to "(A) cable programming services, or (B) a basic service tier that was the only service tier subject to regulation as of December 31, 1994," in areas where the operator serves 50,000 or fewer subscribers. See 47 C.F.R. §§ 76.901(f); 76.990. Small System Order, 10 FCC Rcd at 7406. See 47 C.F.R. §§ 76.901(c); 76.934. Id. at 7408. Id. Id. A small system is deemed affiliated with a larger cable company if the company "holds more than a 20 percent equity interest (active or passive) in the system or exercises de jure control (such as through a general partnership or majority voting shareholder interest)." Id. at 7412-13, n.88. See 47 C.F.R. §§ 76.901(e); 76.934. Id.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-363A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-363A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-363A1.txt
  • 93-215, FCC 95-196, 10 FCC Rcd 7393 (1995). The FCC Form 1230 is a one-page form "on which the system inserts its expense, rate base, rate of return, channel count and subscriber count figures and then calculates its permitted rate." Small Systems Order at ¶ 64. See Instructions for Line A11, FCC Form 1230, page 3. See 47 C.F.R. Section 76.934(h) (1996). Small Systems Order at ¶ 75. See In the Matter of Cable Equities of the Virginias', Inc. 10 FCC Rcd 12576 (1995). These findings are based solely on the representations of the operator. Should information come to our attention that these representations were materially inaccurate, we reserve the right to take appropriate action. This Order is not to be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-577A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-577A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-577A1.txt
  • Bureau, Washington, DC 20554, and should include the name of the cable operator to whom the comments are applicable. Individuals should also send a copy of their comments to (the cable operator at its local place of business). Cable operators may file comments in reply no later than 7 days from the date subscriber comments must be filed. ***** Section 76.934 is amended by revising paragraph (h)(5)(iii) to read as follows: § 76.934 Small systems and small cable companies. ***** (h)(5)(iii) A system may file with the Media Bureau an interlocutory appeal from any decision by the franchising authority requesting information from the system or tolling the effective date of a system's proposed rates. The appeal may be made by an
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-633A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-633A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-633A1.txt
  • FCC 95- 196, 10 FCC Rcd 7393 (1995). The FCC Form 1230 is a one-page form "on which the system inserts its expense, rate base, rate return, channel count and subscriber count figures and then calculates its permitted rate." Small Systems Order at ¶ 64. See Instructions for FCC Form 1230, Line A 11, page 3. See 47 C.F.R. Section 76.934(h) (1996). Small Systems Order at ¶ 75. See Letter dated October 15, 1999 from Regina Famiglietti Pace, Counsel for Mediacom Southeast LLC. See In the Matter of Mediacom Southeast LLC, DA 98-1701, 13 FCC Rcd 18428 (1998). These findings are based solely on the representations of the operator. Should information come to our attention that these representations were materially inaccurate,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-889A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-889A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-889A1.txt
  • a small cable operator with respect to "(A) cable programming services, or (B) a basic service tier that was the only service tier subject to regulation as of December 31, 1994," in areas where the operator serves 50,000 or fewer subscribers. See 47 C.F.R. §§ 76.901(f); 76.990. Small System Order, 10 FCC Rcd at 7406. See 47 C.F.R. §§ 76.901(c); 76.934. Id. at 7408. Id. Id. A small system is deemed affiliated with a larger cable company if the company "holds more than a 20 percent equity interest (active or passive) in the system or exercises de jure control (such as through a general partnership or majority voting shareholder interest)." Id. at 7412-13, n.88. See 47 C.F.R. §§ 76.901(e); 76.934. Id.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-398A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-398A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-398A1.txt
  • Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, 9 FCC Rcd 4119 (1994); Fifth Order on Reconsideration and Further Notice of Proposed Rulemaking, 9 FCC Rcd 5327 (1994); Eighth Order on Reconsideration, 10 FCC Rcd 5179 (1995). Small System Order, 10 FCC Rcd at 7406. Small System Order, 10 FCC Rcd at 7406. See 47 C.F.R. §§ 76.901(c); 76.934. Small System Order, 10 FCC Rcd at 7408. Id. Id. at 7407. In 1996, Congress amended Section 623 of the Communications Act to allow greater deregulation for "small cable operators," defined as operators that "directly or through an affiliate, [serve] in the aggregate fewer than 1 percent of all subscribers in the United States and [are] not affiliated with any
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • tiers prohibited. 76.922 Rates for the basic service tier and cable programming services tiers. 76.923 Rates for equipment and installation used to receive the basic service tier. 76.924 Allocation to service cost categories. 76.925 Costs of franchise requirements. 76.930 Initiation of review of basic cable service and equipment rates. 76.933 Franchising authority review of basic cable rates and equipment costs. 76.934 Small systems and small cable companies. 76.935 Participation of interested parties. 76.936 Written decision. 76.937 Burden of proof. 76.938 Proprietary information. 76.939 Truthful written statements and responses to requests of franchising authority. 76.940 Prospective rate reduction. 76.941 Rate prescription. 76.942 Refunds. 76.943 Fines. 76.944 Commission review of franchising authority decisions on rates for the basic service tier and associated equipment.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4113A1.txt
  • Stone, Deputy Chief, Mobility Division, Wireless Telecommunications Bureau, to Gary Ruark, American Automobile Association (Division Letter). Petition for Reconsideration of Decision Ordering AAA to Provide a New Frequency Recommendation for WPQF492 (filed Feb. 15, 2007) (Petition). We note that the Petition is premature in that the Division Letter seeking information from AAA was an interlocutory action, cf. 47 C.F.R. § 76.934(h)(5)(iii), and petitions for reconsideration of interlocutory actions are not permitted. 47 C.F.R. § 1.106(a)(1). Consequently, we will treat the Petition as an informal request under Section 1.41 of the Commission's Rules, 47 C.F.R. § 1.41. MRA filed an opposition on March 2, 2007. LCS filed a reply on March 5, 2007. MRA filed a motion to strike the reply on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-969A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-969A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-969A1.txt
  • Fourth Report & Order, & Fifth Notice of Proposed Rulemaking, 9 FCC Rcd 4119 (1994); Fifth Order on Reconsideration & Further Notice of Proposed Rulemaking, 9 FCC Rcd 5327 (1994); Eighth Order on Reconsideration, 10 FCC Rcd 5179 (1995). Small System Order, 10 FCC Rcd at 7406 ¶ 25. Id. at 7406 ¶ 25; see also 47 C.F.R. §§ 76.901(c), 76.934. Small System Order, 10 FCC Rcd at 7408 ¶ 27. Id. Id. at 7407 ¶ 26. In 1996, Congress amended Section 623 of the Communications Act of 1934, 47 U.S.C. §§ 151 et seq. (the ``Communications Act''), to allow greater deregulation for "small cable operators," defined as operators that "directly or through an affiliate, [serve] in the aggregate fewer than
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-157A1.txt
  • any further rate adjustments shall not reflect increases in external costs, inflation or channel additions until the system has re-established initial permitted rates in accordance with some other method of rate regulation prescribed in this subpart. Need: The rule was amended in order to codify existing Commission policy. Legal Basis: 47 U.S.C. 154(i), 154(j), 303(r), 543. Section Number and Title: 76.934(h)(11) Small systems and small cable companies. Brief Description: These rules require cable operators to prorate their maximum full-time rate when determining their maximum permitted part-time rate, and to allow operators to adjust part-time rates according to time-of-day pricing, requires cable operators to produce leased access information within a certain time period to prospective leased access programmers, permits cable operators to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-177A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-177A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-177A1.txt
  • for example, linkages between the BST and CPST rules or forms that might not readily be recognized and that would need to be accounted for? Regardless of the rule changes made in this proceeding, the existing rules would continue to apply to all pending CPST matters. We propose to delete the following rule sections or paragraphs: 76.901(d); 76.922(c)(4); 76.924(e)(1)(ii); 76.924(e)(2)(ii); 76.934(c)(2); 76.934(d); 76.934(h)(3)(iii); 76.934(h)(6); 76.934(h)(10); 76.950; 76.951; 76.953; 76.954; 76.955; 76.956; 76.957; 76.960; 76.961; 76.962; 76.963(b); 76.980(b), (d)-(f); 76.985 (FCC Form 329 and Instructions); 76.986; 76.987; 76.1402; 76.1605; and 76.1606. Other rules continue to be applicable to BST rate making but should be updated or amended to eliminate references to CPST or to reflect the end of CPST rate regulation. These
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.txt http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp
  • filed Federal Communications Commission FCC 99-57 17247 U.S.C. § 543(m). 173Interim Order, 11 FCC Rcd at 5947. 174Id. at 5948. 175See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393, 7412 n. 88 (1995) ("Small System Order"); 47 C.F.R. § 76.934(a); FCC Form 1230 Establishing Maximum Permitted Rates for Regulated Cable Services on Small Cable Systems (Aug. 1995). 176Interim Order, 11 FCC Rcd at 5948-50. 177Notice, 11 FCC Rcd at 5965-68. 28 with the LFA on or after the effective date of a rate increase will prevent unnecessary investigations of rate increases that were not in fact implemented. IV. SMALL CABLE
• http://transition.fcc.gov/pshs/docs/services/eas/Second.pdf
  • franchise requirements, including costs of providing public , educational, and governmental access channels as required by the franchising authority, 4) retransmission consent fees and copyright fees incurred for the carriage of broadcast signals, 5) other programming costs; and 6) Commission cable television system regulatory fees imposed pursuant to 47 U.S.C.§159. 88 See e.g., Section 76.922(i) (cost-of-service rate setting) and Section 76.934(h) (small system cost-of-service methodology). 18 audio and video messages on at least one programmed channel by October 1, 2002.89 Cable systems that serve 5,000 or more subscribers will be required to provide EAS messages both in audio and video on all channels. We believe that implementation of EAS will not have an adverse impact on cable systems with 10,000 or
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.txt http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99057.wp
  • filed Federal Communications Commission FCC 99-57 17247 U.S.C. § 543(m). 173Interim Order, 11 FCC Rcd at 5947. 174Id. at 5948. 175See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393, 7412 n. 88 (1995) ("Small System Order"); 47 C.F.R. § 76.934(a); FCC Form 1230 Establishing Maximum Permitted Rates for Regulated Cable Services on Small Cable Systems (Aug. 1995). 176Interim Order, 11 FCC Rcd at 5948-50. 177Notice, 11 FCC Rcd at 5965-68. 28 with the LFA on or after the effective date of a rate increase will prevent unnecessary investigations of rate increases that were not in fact implemented. IV. SMALL CABLE
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000597.doc
  • Rcd 4119, 4190 (1994) ("Second Order on Reconsideration"). The FCC Form 1230 is a one-page form "on which the system inserts its expense, rate base, rate of return, channel count and subscriber count figures and then calculates its permitted rate." Small Systems Order at ¶ 64. See Instructions for Line A11, FCC Form 1230, page 3. See 47 C.F.R. Section 76.934(h) (1996). Small Systems Order at ¶ 75. August 21, 1995. We have previously found that Operator is a company with fewer than 400,000 total subscribers. See In the Matter of James Cable Partners, LP, DA 99-1960 (released September 24, 1999). These findings are based solely on the representations of the operator. Should information come to our attention that these representations
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000598.doc
  • Rcd 4119, 4190 (1994) ("Second Order on Reconsideration"). The FCC Form 1230 is a one-page form "on which the system inserts its expense, rate base, rate of return, channel count and subscriber count figures and then calculates its permitted rate." Small Systems Order at ¶ 64. See Instructions for Line A11, FCC Form 1230, page 3. See 47 C.F.R. Section 76.934(h) (1996). Small Systems Order at ¶ 75. August 21, 1995. We have previously found that Operator is a company with fewer than 400,000 total subscribers. See In the Matter of James Cable Partners, L.P., DA 99-1960 (released September 24, 1999). These findings are based solely on the representations of the operator. Should information come to our attention that these representations
• http://www.fcc.gov/mb/engineering/76print.html
  • tiers prohibited. [100]76.922 Rates for the basic service tier and cable programming service tiers. [101]76.923 Rates for equipment and installation used to receive the basic service tier. [102]76.924 Allocation to service cost categories. [103]76.925 Costs of franchise requirements. [104]76.930 Initiation of review of basic cable service and equipment rates. [105]76.933 Franchising authority review of basic cable rates and equipment costs. [106]76.934 Small systems and small cable companies. [107]76.935 Participation of interested parties. [108]76.936 Written decision. [109]76.937 Burden of proof. [110]76.938 Proprietary information. [111]76.939 Truthful written statements and responses to requests of franchising authority. [112]76.940 Prospective rate reduction. [113]76.941 Rate prescription. [114]76.942 Refunds. [115]76.943 Fines. [116]76.944 Commission review of franchising authority decisions on rates for the basic service tier and associated equipment.
• http://www.fcc.gov/mb/engineering/part76.pdf
  • basic service tier and cable programming services tiers. § 76.923 Rates for equipment and installation used to receive the basic service tier. § 76.924 Allocation to service cost categories. § 76.925 Costs of franchise requirements. § 76.930 Initiation of review of basic cable service and equipment rates. § 76.933 Franchising authority review of basic cable rates and equipment costs. § 76.934 Small systems and small cable companies. § 76.935 Participation of interested parties. § 76.936 Written decision. § 76.937 Burden of proof. § 76.938 Proprietary information. Page 3of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... § 76.939 Truthful written statements and responses to requests of franchising authority. § 76.940 Prospective rate reduction. § 76.941 Rate prescription. § 76.942 Refunds. §
• http://www.fcc.gov/pshs/docs/services/eas/Second.pdf
  • franchise requirements, including costs of providing public , educational, and governmental access channels as required by the franchising authority, 4) retransmission consent fees and copyright fees incurred for the carriage of broadcast signals, 5) other programming costs; and 6) Commission cable television system regulatory fees imposed pursuant to 47 U.S.C.§159. 88 See e.g., Section 76.922(i) (cost-of-service rate setting) and Section 76.934(h) (small system cost-of-service methodology). 18 audio and video messages on at least one programmed channel by October 1, 2002.89 Cable systems that serve 5,000 or more subscribers will be required to provide EAS messages both in audio and video on all channels. We believe that implementation of EAS will not have an adverse impact on cable systems with 10,000 or