[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Rules and Regulations]
[Pages 13230-13235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6353]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 21, 73, 74, 76 and 78

[DA 02-577]


Establishment of the Media Bureau and Other Organizational 
Changes

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to reflect the 
reorganization of the existing Cable Services and Mass Media Bureaus 
into a new Media Bureau. The Commission also transfers the Multipoint 
Distribution and Instructional Television Fixed Services from the Mass 
Media Bureau to the Wireless Telecommunications Bureau. This rule will 
promote a more efficient and effective organizational structure.

DATES: Effective March 25, 2002.

FOR FURTHER INFORMATION CONTACT: Susan Mort, 202-418-1043.

SUPPLEMENTARY INFORMATION: To promote a more efficient and effective 
organizational structure, the Commission has concluded that the proper 
dispatch of its business and the public interest will best be served by 
consolidating the existing Cable Services and Mass Media Bureaus into a 
Media Bureau. In the Order adopted March 11, 2002 and released March 
14, 2002, we amend the Commission's Rules to make conforming changes 
reflecting the name of the new Bureau. The Order also transfers the 
Multipoint Distribution and Instructional Television Fixed Services 
from the Mass Media Bureau to the Wireless Telecommunications Bureau.
    Authority for the adoption of the foregoing revisions is contained 
in sections 4(i), 5(b), 5(c) and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 155(b), 155(c) and 303(r).
    The amendments adopted herein pertain to agency organization, 
procedure and practice. Consequently, the notice and comment provision 
of the Administrative Procedure Act contained in 5 U.S.C. 553(b) is 
inapplicable.
    Accordingly, it is ordered that parts 21, 73, 74, 76 and 78 of the 
Commission's rules, set forth in Title 47 of the Code of Federal 
Regulations, are amended effective March 25, 2002.

List of Subjects

47 CFR Part 21

    Communications common carriers, Radio.

47 CFR Part 73

    Radio, Television.

47 CFR Part 74

    Radio, Television.

47 CFR Part 76

    Cable television.

47 CFR Part 78

    Cable television, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.


    For the reasons stated in the preamble, The Federal Communications 
Commission amends 47 CFR parts 21, 73, 74, 76 as follows:

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

    1. The authority citation for part 21 continues to read as follows:

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 
U.S.C. 552, 554.

    2. Section 21.6 is amended by revising paragraph (c) to read as 
follows:


Sec. 21.6  Filing of applications, fees, and number of copies.

* * * * *
    (c) All correspondence or amendments concerning a submitted 
application shall clearly identify the radio service, the name of the 
applicant, station location, and the Commission file number (if known) 
or station call sign of the application involved. All correspondence or 
amendments concerning a submitted application may be sent directly to 
the Wireless Telecommunications Bureau.
* * * * *

    3. Section 21.303 is amended by revising paragraphs (a), (b) and 
(c) to read as follows:


Sec. 21.303  Discontinuance, reduction or impairment of service.

    (a) If the public communication service provided by a station 
subject to this rule part is involuntarily discontinued, reduced or 
impaired for a period exceeding 48 hours, the station licensee shall 
promptly give notification thereof in writing to the Wireless 
Telecommunications Bureau at Washington, DC 20554. In every such case, 
the licensee shall furnish full particulars as to the reasons for such 
discontinuance, reduction or impairment of service, including a 
statement as to when normal service is expected to be resumed. When 
normal service is resumed, prompt notification thereof shall be given 
in writing to the Wireless Telecommunications Bureau at Federal 
Communications Commission, Washington, DC 20554.
    (b) No station licensee subject to title II of the Communications 
Act of 1934, as amended, shall voluntarily discontinue, reduce or 
impair public communication service to a community or part of a 
community without obtaining prior authorization from the Commission 
pursuant to the procedures set forth in part 63 of this chapter or 
complying with the requirements set forth at Sec. 21.910. In the event 
that permanent discontinuance of service is authorized by the 
Commission, the station licensee shall promptly send the station 
license for cancellation to the Wireless Telecommunications Bureau at 
Federal Communications Commission, Washington, DC 20554, except that 
station licenses need not be surrendered for cancellation if the 
discontinuance is a result of a change of status by a Multipoint 
Distribution Service licensee from common carrier to non-common carrier 
pursuant to Sec. 21.910.
    (c) Any station licensee, not subject to title II of the 
Communications Act of 1934, as amended, who voluntarily discontinues, 
reduces or impairs public communication service to a community or a 
part of a community shall give written notification to the Commission 
within 7 days thereof. In the event of permanent discontinuance of 
service,

[[Page 13231]]

the station licensee shall promptly send the station license for 
cancellation to the Wireless Telecommunications Bureau at Federal 
Communications Commission, Washington, DC 20554, except that Multipoint 
Distribution Service station licenses need not be surrendered for 
cancellation if the discontinuance is a result of a change of status by 
a Multipoint Distribution Service licensee from non-common carrier to 
common carrier.
* * * * *

PART 73--RADIO BROADCAST SERVICES

    4. The authority citation for part 73 continues to read as follows:


    Authority: 47 U.S.C. 154, 303, 334 and 336.


    5. Section 73.45 is amended by revising paragraph (c)(2) to read as 
follows:


Sec. 73.45  AM antenna systems.

* * * * *
    (c) * * *
    (2) Whenever AM stations use direct reading power meters pursuant 
to Sec. 73.51, a letter notification to the FCC in Washington, DC, 
Attention: Audio Division, Media Bureau, must be filed in accordance 
with Sec. 73.54(e).

    6. Section 73.54 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec. 73.54  Antenna resistance and reactance measurements.

* * * * *
    (c) A letter of notification must be filed with the FCC in 
Washington, DC, Attention: Audio Division, Media Bureau, when 
determining power by the direct method pursuant to Sec. 73.51. The 
letter must specify the antenna or common point resistance at the 
operating frequency. The following information must also be kept on 
file at the station:
* * * * *

    7. Section 73.58 is amended by revising paragraph (e) to read as 
follows:


Sec. 73.58  Indicating instruments.

* * * * *
    (e) If conditions beyond the control of the licensee prevent the 
restoration of the meter to service within the above allowed period, 
information requested in accordance with Sec. 73.3549 may be filed by 
letter with the FCC in Washington, DC, Attention: Audio Division, Media 
Bureau, to request additional time as may be required to complete 
repairs of the defective instrument.

    8. Section 73.68 is amended by revising paragraphs (b), including 
the Note to paragraph (b), and (d)(1) to read as follows:


Sec. 73.68  Sampling systems for antenna monitors.

* * * * *
    (b) A station having an antenna sampling system constructed 
according to the specifications given in paragraph (a) of this section 
may obtain approval of that system by submitting an informal letter 
request to the FCC in Washington, DC, Attention: Audio Division, Media 
Bureau. The request for approval, signed by the licensee or authorized 
representative, must contain sufficient information to show that the 
sampling system is in compliance with all requirements of paragraph (a) 
of this section.

    Note to paragraph (b): A public notice dated December 9, 1985 
giving additional information on approval of antenna sampling 
systems is available through the Internet at http://www.fcc.gov/mb/audio/decdoc/letter/1985-12-09-sample.html.

* * * * *
    (d) * * *
    (1) Special Temporary Authority (see Sec. 73.1635) shall be 
requested and obtained from the Commission's Audio Division, Media 
Bureau in Washington to operate with parameters at variance with 
licensed values pending issuance of a modified license specifying 
parameters subsequent to modification or replacement of components.
* * * * *

    9. Section 73.69 is amended by revising paragraphs (c) and (d) (5) 
to read as follows:


Sec. 73.69  Antenna monitors.

* * * * *
    (c) If conditions beyond the control of the licensee prevent the 
restoration of the monitor to service within the allowed period, an 
informal letter request in accordance with Sec. 73.3549 of the 
Commission's rules must be filed with the FCC, Attention: Audio 
Division, Media Bureau in Washington, DC for such additional time as 
may be required to complete repairs of the defective instrument.
    (d) * * *
    (5) An informal letter request for modification of license shall be 
submitted to the FCC, Attention: Audio Division, Media Bureau in 
Washington, DC within 30 days of the date of monitor replacement. Such 
request shall specify the make, type, and serial number of the 
replacement monitor, phase and sample current indications, and other 
data obtained pursuant to this paragraph (d).
* * * * *

    10. Section 73.258 is amended by revising paragraph (d) to read as 
follows:


Sec. 73.258  Indicating instruments.

* * * * *
    (d) If conditions beyond the control of the licensee prevent the 
restoration of the meter to service within the above allowed period, an 
informal letter request in accordance with Sec. 73.3549 may be filed 
with the FCC, Attention: Audio Division, Media Bureau, in Washington, 
DC for such additional time as may be required to complete repairs of 
the defective instrument.

    11. Section 73.561 is amended by revising paragraphs (c) and (d) 
and redesignating Notes 1 and 2 as Notes 1 and 2 to Sec. 73.561 and 
revising them to read as follows:


Sec. 73.561  Operating schedule; time sharing.

* * * * *
    (c) A departure from the regular schedule set forth in a time-
sharing agreement will be permitted only in cases where a written 
agreement to that effect is reduced to writing, is signed by the 
licensees of the stations affected thereby, and is filed in triplicate 
by each licensee with the Commission, Attention: Audio Division, Media 
Bureau, prior to the time of the proposed change. If time is of the 
essence, the actual departure in operating schedule may precede the 
actual filing of the written agreement, provided that appropriate 
notice is sent to the Commission in Washington, DC, Attention: Audio 
Division, Media Bureau.
    (d) In the event that causes beyond the control of a permittee or 
licensee make it impossible to adhere to the operating schedule in 
paragraph (a) or (b) of this section or to continue operating, the 
station may limit or discontinue operation for a period not exceeding 
30 days without further authority from the Commission provided that 
notification is sent to the Commission in Washington, DC, Attention: 
Audio Division, Media Bureau, no later than the 10th day of limited or 
discontinued operation. During such period, the permittee shall 
continue to adhere to the requirements of the station license 
pertaining to the lighting of antenna structures. In the event normal 
operation is restored prior to the expiration of the 30 day period, the 
permittee or licensee will notify the FCC, Attention: Audio Division of 
the date that normal operations resumed. If

[[Page 13232]]

causes beyond the control of the permittee or licensee make it 
impossible to comply within the allowed period, Special Temporary 
Authority (see Sec. 73.1635) must be requested to remain silent for 
such additional time as deemed necessary. The license of a broadcasting 
station that fails to transmit broadcast signals for any consecutive 12 
month period expires as a matter of law at the end of that period, 
notwithstanding any provision, term, or condition of license to the 
contrary.

    Note 1 to Sec. 73.561: For allocations purposes, both (all) 
stations sharing time will be treated as unlimited time stations.


    Note 2 to Sec. 73.561: See Secs. 73.1705, 73.1715, and 73.1740.

* * * * *

    12. Section 73.607 is amended by revising paragraph (b) to read as 
follows:


Sec. 73.607  Availability of channels.

* * * * *
    (b) Notwithstanding paragraph (a) of this section, an application 
may be filed for a channel or community not listed in the TV Table of 
Allotments if it is consistent with the rules and policies established 
in the Third Report and Order in WT Docket 99-168 (FCC 01-25), adopted 
January 18, 2001. Where such a request is approved, the Media Bureau 
will change the Table of Allotments to reflect that approval.

    13. Section 73.622 is amended by revising paragraph (c)(2) to read 
as follows:


Sec. 73.622  Digital television table of allotments.

* * * * *
    (c) * * *
    (2) Notwithstanding paragraph (c)(1) of this section, an 
application may be filed for a channel or community not listed in the 
DTV Table of Allotments if it is consistent with the rules and policies 
established in the Third Report and Order in WT Docket 99-168 (FCC 01-
25), adopted January 18, 2001. Where such a request is approved, the 
Media Bureau will change the DTV Table of Allotments to reflect that 
approval.
* * * * *

    14. Section 73.624 is amended by revising paragraph (d)(3)(i) to 
read as follows:


Sec. 73.624  Digital television broadcast stations.

* * * * *
    (d) * * *
    (3) * * * (i) Authority is delegated to the Chief, Media Bureau to 
grant an extension of time of up to six months beyond the relevant 
construction deadline specified in paragraph (d)(1) of this section 
upon demonstration by the DTV licensee or permittee that failure to 
meet that construction deadline is due to circumstances that are either 
unforeseeable or beyond the licensee's control where the licensee has 
taken all reasonable steps to resolve the problem expeditiously.
* * * * *

    15. Section 73.872 is amended by revising paragraph (c)(2) to read 
as follows:


Sec. 73.872  Selection procedure for mutually exclusive LPFM 
applications.

* * * * *
    (c) * * *
    (2) Where a station is licensed pursuant to a time-sharing 
proposal, a change of the regular schedule set forth therein will be 
permitted only where a written agreement signed by each time-sharing 
licensee and complying with requirements in paragraphs (c)(1)(i) 
through (iii) of this section is filed with the Commission, Attention: 
Audio Division, Media Bureau, prior to the date of the change.
* * * * *

    16. Section 73.1125 is amended by revising paragraph (d)(2) to read 
as follows:


Sec. 73.1125  Station main studio location.

* * * * *
    (d) * * *
    (2) Written authority to locate a main studio outside the locations 
specified in paragraph (a) or (c) of this section for the first time 
must be obtained from the Audio Division, Media Bureau for AM and FM 
stations, or the Video Division for TV and Class A television stations 
before the studio may be moved to that location. Where the main studio 
is already authorized at a location outside those specified in 
paragraph (a) or (c) of this section, and the licensee or permittee 
desires to specify a new location also located outside those locations, 
written authority must also be received from the Commission prior to 
the relocation of the main studio. Authority for these changes may be 
requested by filing a letter with an explanation of the proposed 
changes with the appropriate division. Licensees or permittees should 
also be aware that the filing of such a letter request does not imply 
approval of the relocation request, because each request is addressed 
on a case-by-case basis. A filing fee is required for commercial AM, 
FM, TV or Class A TV licensees or permittees filing a letter request 
under the section (see Sec. 1.1104 of this chapter).
* * * * *

    17. Section 73.1350 is amended by revising paragraph (g) to read as 
follows:


Sec. 73.1350  Transmission system operation.

* * * * *
    (g) Whenever a transmission system control point is established at 
a location other than the main studio or transmitter, a letter of 
notification of that location must be sent to the FCC in Washington, 
DC, Attention: Audio Division (radio) or Video Division (television), 
Media Bureau, within 3 days of the initial use of that point. The 
letter should include a list of all control points in use, for clarity. 
This notification is not required if responsible station personnel can 
be contacted at the transmitter or studio site during hours of 
operation.
* * * * *

    18. Section 73.1560 is amended by revising paragraph (d) to read as 
follows:


Sec. 73.1560  Operating power and mode tolerances.

* * * * *
    (d) Reduced power operation. In the event it becomes technically 
impossible to operate at authorized power, a broadcast station may 
operate at reduced power for a period of not more than 30 days without 
specific authority from the FCC. If operation at reduced power will 
exceed 10 consecutive days, notification must be made to the FCC in 
Washington, DC, Attention: Audio Division (radio) or Video Division 
(television), Media Bureau, not later than the 10th day of the lower 
power operation. In the event that normal power is restored within the 
30 day period, the licensee must notify the FCC of the date that normal 
operation was restored. If causes beyond the control of the licensee 
prevent restoration of the authorized power within 30 days, a request 
for Special Temporary Authority (see Sec. 73.1635) must be made to the 
FCC in Washington, DC for additional time as may be necessary.

    19. Section 73.1680 is amended by revising paragraph (b) 
introductory text to read as follows:


Sec. 73.1680  Emergency antennas.

* * * * *
    (b) Prior authority from the FCC is not required by licensees and 
permittees to erect and commence operations using an emergency antenna 
to restore program service to the public. However, an informal letter 
request to continue operation with the emergency antenna

[[Page 13233]]

must be made within 24 hours to the FCC in Washington, DC, Attention: 
Audio Division (radio) or Video Division (television), Media Bureau, 
within 24 hours after commencement of its use. The request is to 
include a description of the damage to the authorized antenna, a 
description of the emergency antenna, and the station operating power 
with the emergency antenna.
* * * * *

    20. Section 73.1750 is revised to read as follows:


Sec. 73.1750  Discontinuance of operation.

    The licensee of each station shall notify by letter the FCC in 
Washington, DC, Attention: Audio Division (radio) or Video Division 
(television), Media Bureau, of the permanent discontinuance of 
operation at least two days before operation is discontinued. 
Immediately after discontinuance of operation, the licensee shall 
forward the station license and other instruments of authorization to 
the FCC, Attention: Audio Division (radio) or Video Division 
(television), Media Bureau, for cancellation. The license of any 
station that fails to transmit broadcast signals for any consecutive 12 
month period expires as a matter of law at the end of that period, 
notwithstanding any provision, term, or condition of the license to the 
contrary. If a licensee surrenders its license pursuant to an 
interference reduction agreement, and its surrender is contingent on 
the grant of another application, the licensee must identify in its 
notification the contingencies involved.

    21. Section 73.3544 is amended by revising paragraph (b) 
introductory text to read as follows:


Sec. 73.3544  Application to obtain a modified station license.

* * * * *
    (b) An informal application, see Sec. 73.3511(b), may be filed with 
the FCC in Washington, DC, Attention: Audio Division (radio) or Video 
Services Division (television), Media Bureau, to cover the following 
changes:
* * * * *

    22. Section 73.3549 is revised to read as follows:


Sec. 73.3549  Requests for extension of time to operate without 
required monitors, indicating instruments, and EAS encoders and 
decoders.

    Requests for extension of authority to operate without required 
monitors, transmission system indicating instruments, or encoders and 
decoders for monitoring and generating the EAS codes and Attention 
Signal should be made to the FCC in Washington, DC, Attention: Audio 
Division (radio) or Video Division (television), Media Bureau. Such 
requests must contain information as to when and what steps were taken 
to repair or replace the defective equipment and a brief description of 
the alternative procedures being used while the equipment is out of 
service.

    23. Section 73.3562 is revised to read as follows:


Sec. 73.3562  Staff consideration of applications not requiring action 
by the Commission.

    Those applications which do not require action by the Commission 
but which, pursuant to the delegations of authority set forth in 
subpart B of part 0 of this chapter, may be acted upon by the Chief, 
Media Bureau, are forwarded to the Media Bureau for necessary action. 
If the application is granted, the formal authorization is issued. In 
any case where it is recommended that the application be set for 
hearing, where a novel question of policy is presented, or where the 
Chief, Media Bureau desires instructions from the Commission, the 
matter is placed on the Commission agenda.

    24. Section 73.3564 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 73.3564  Acceptance of applications.

    (a)(1) Applications tendered for filing are dated upon receipt and 
then forwarded to the Media Bureau, where an administrative examination 
is made to ascertain whether the applications are complete. Except for 
applications for minor modifications of facilities in the non-reserved 
FM band, as defined in Sec. 73.3573(a)(2), long form applications 
subject to the provisions of Sec. 73.5005 found to be complete or 
substantially complete are accepted for filing and are given file 
numbers. In the case of minor defects as to completeness, a deficiency 
letter will be issued and the applicant will be required to supply the 
missing or corrective information. Applications that are not 
substantially complete will not be considered and will be returned to 
the applicant.
* * * * *

    25. Section 73.3617 is revised to read as follows:


Sec. 73.3617  Information available on the Internet.

    The Media Bureau and each of its Divisions provide information on 
the Internet regarding rules and policies, pending and completed 
rulemakings, and pending applications. These sites also include copies 
of public notices and texts of recent decisions. The Media Bureau's 
address is http://www.fcc.gov/mb/; the Audio Division's address is 
http:// www.fcc.gov/mmb/audio; the Video Division's address is http:// 
www.fcc.gov/mb/video; the Policy Division's address is http:// 
www.fcc.gov/mb/policy; the Engineering Division's address is http://www.fcc.gov/mb/engineering; and the Industry Analysis Division's 
address is http://www.fcc.gov/mb/industry_analysis.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

    26. The authority citation for part 74 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303, 307, 336(f), and 554.


    27. Section 74.734 is amended by revising paragraph (a)(4) to read 
as follows:


Sec. 74.734  Attended and unattended operation.

    (a) * * *
    (4) A letter notification must be filed with the FCC in Washington, 
DC, Attention: Video Division, Media Bureau, providing the name, 
address, and telephone number of a person or persons who may be called 
to secure suspension of operation of the transmitter promptly should 
such action be deemed necessary by the FCC. Such information shall be 
kept current by the licensee.
* * * * *

    28. Section 74.751 is amended by revising paragraph (c) to read as 
follows:


Sec. 74.751  Modification of transmission systems.

* * * * *
    (c) Other equipment changes not specifically referred to in 
paragraphs (a) and (b) of this section may be made at the discretion of 
the licensee, provided that the FCC in Washington, DC, Attention: Video 
Division, Media Bureau, is notified in writing upon the completion of 
such changes.
* * * * *

    29. Section 74.763 is amended by revising paragraph (b) to read as 
follows:


Sec. 74.763  Time of operation.

* * * * *
    (b) In the event that causes beyond the control of the low power TV 
or TV translator station licensee make it impossible to continue 
operating, the licensee may discontinue operation for a period of not 
more than 30 days

[[Page 13234]]

without further authority from the FCC. Notification must be sent to 
the FCC in Washington, DC, Attention: Video Division, Media Bureau, not 
later than the 10th day of discontinued operation. During such period, 
the licensee shall continue to adhere to the requirements in the 
station license pertaining to the lighting of antenna structures. In 
the event normal operation is restored prior to the expiration of the 
30 day period, the FCC in Washington, DC, Attention: Video Division, 
Media Bureau, shall be notified in writing of the date normal 
operations resumed. If causes beyond the control of the licensee make 
it impossible to comply within the allowed period, a request for 
Special Temporary Authority (see Sec. 73.1635 of this chapter) shall be 
made to the FCC no later than the 30th day for such additional time as 
may be deemed necessary.
* * * * *

    30. Section 74.784 is amended by revising paragraph (b) to read as 
follows:


Sec. 74.784  Rebroadcasts.

* * * * *
    (b) The licensee of a low power TV or TV translator station shall 
not rebroadcast the programs of any other TV broadcast station or other 
station authorized under the provisions of this Subpart without 
obtaining prior consent of the station whose signals or programs are 
proposed to be retransmitted. The FCC, Attention: Video Division, Media 
Bureau, shall be notified of the call letters of each station 
rebroadcast, and the licensee of the low power TV or TV broadcast 
translator station shall certify it has obtained written consent from 
the licensee of the station whose programs are being retransmitted.
* * * * *

    31. Section 74.931 is amended by revising the first paragraph (k) 
and redesignating the second paragraph (k) as paragraph (l) to read as 
follows:


Sec. 74.931  Purpose and permissible service.

* * * * *
    (k) The provisions of paragraph (h) of this section will not apply 
to ITFS excess capacity leased directly or indirectly to cable 
operators or affiliates to provide locally-produced programming to 
cable headends. Locally-produced programming is programming produced in 
or near the cable operator's franchise area and not broadcast on a 
television station available within that franchise area. A cable 
operator or affiliate will be permitted to lease ITFS excess capacity 
equivalent to one MDS channel within 32 km (20 miles) of the cable 
television franchise area or service area for this purpose, and, within 
32 km (20 miles) of the cable television franchise area or service 
area, no more ITFS excess capacity than the equivalent of one MDS 
channel may be used by a cable television company or affiliate pursuant 
to this paragraph (k). The licensee for a cable operator providing 
local programming pursuant to a lease must include in a notice filed 
with the Wireless Telecommunications Bureau a cover letter explicitly 
identifying its lessee as a local cable operator or affiliate and 
stating that the lease was executed to facilitate the provision of 
local programming. The first lease notification for an MDS or ITFS 
channel in an area filed with the Commission will be entitled to the 
exemption. The limitations on the equivalent of one MDS channel per 
party and per area include any cable/ITFS operations grandfathered 
pursuant to paragraph (l) of this section or any cable/MDS operations 
grandfathered pursuant to Sec. 21.912(f) of this chapter. Local 
programming service pursuant to a lease must be provided within one 
year of the date of the lease or one year of the grant of the 
licensee's application for the leased channel(s), whichever is later.
* * * * *

    32. Section 74.1234 is amended by revising paragraph (a)(4) to read 
as follows:


Sec. 74.1234  Unattended operation.

    (a) * * *
    (4) The FCC in Washington, DC, Attention: Audio Division, Media 
Bureau, shall be supplied by letter with the name, address, and 
telephone number of a person or persons who may be contacted to secure 
suspension of operation of the translator promptly should such action 
be deemed necessary by the Commission. Such information shall be kept 
current by the licensee.
* * * * *

    33. Section 74.1290 is revised to read as follows:


Sec. 74.1290  FM translator and booster station information available 
on the internet.

    The Media Bureau's Audio Division provides information on the 
Internet regarding FM translator and booster stations, rules, and 
policies at http://www.fcc.gov/mb/audio.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

    34. The authority citation for part 76 continues to read as 
follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 534, 
535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 
560, 561, 571, 572, 573.


    35. Section 76.7 is amended by revising paragraph (g)(3) to read as 
follows:


Sec. 76.7  General special relief, waiver, enforcement, complaint, show 
cause, forfeiture, and declaratory ruling procedures.

* * * * *
    (g) * * *
    (3) Unless otherwise directed by the Commission, or upon motion by 
the Media Bureau Chief, the Media Bureau Chief shall not be deemed to 
be a party to a proceeding designated for a hearing before an 
administrative law judge pursuant to this paragraph (g).
* * * * *

    36. Section 76.501 is amended by revising Note 5 to read as 
follows:


Sec. 76.501  Cross-ownership.

* * * * *

    Note 5 to Sec. 76.501: Certifications pursuant to this section 
and these notes shall be sent to the attention of the Media Bureau, 
Federal Communications Commission, 445 12th Street, SW., Washington, 
DC 20554.

* * * * *

    37. Section 76.503 is amended by revising Note 1 to read as 
follows:


Sec. 76.503  National subscriber limits.

* * * * *

    Note 1 to Sec. 76.503: Certifications made under this section 
shall be sent to the attention of the Media Bureau, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 
20554.

* * * * *

    38. Section 76.630 is amended by revising paragraph (a) to read as 
follows:


Sec. 76.630  Compatibility with consumer electronics equipment.

    (a) Cable system operators shall not scramble or otherwise encrypt 
signals carried on the basic service tier. Requests for waivers of this 
prohibition must demonstrate either a substantial problem with theft of 
basic tier service or a strong need to scramble basic signals for other 
reasons. As part of this showing, cable operators are required to 
notify subscribers by mail of waiver requests. The notice to 
subscribers must be mailed no later than thirty calendar days from the 
date the request waiver was filed with the Commission, and cable 
operators must inform the Commission in writing, as soon as possible, 
of that notification date. The notification to subscribers must state:

    On (date of waiver request was filed with the Commission), 
(cable operator's name)

[[Page 13235]]

filed with the Federal Communications Commission a request for 
waiver of the rule prohibiting scrambling of channels on the basic 
tier of service. 47 CFR 76.630(a). The request for waiver states (a 
brief summary of the waiver request). A copy of the request for 
waiver is on file for public inspection at (the address of the cable 
operator's local place of business).
    Individuals who wish to comment on this request for waiver 
should mail comments to the Federal Communications Commission by no 
later than 30 days from (the date the notification was mailed to 
subscribers). Those comments should be addressed to the: Federal 
Communications Commission, Media 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.
* * * * *

    39. Section 76.934 is amended by revising paragraph (h)(5)(iii) to 
read as follows:


Sec. 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 informal letter to the 
Chief of the Media Bureau, served on the franchising authority. The 
franchising authority must respond within seven days of its receipt of 
the appeal and shall serve the operator with its response. The operator 
shall have four days from its receipt of the response in which to file 
a reply, if desired. If the maximum rate established on Form 1230 does 
not exceed $1.24 per channel, the burden shall be on the franchising 
authority to show the reasonableness of its order. If the maximum rate 
established on Form 1230 exceeds $1.24 per channel, the burden shall be 
on the operator to show the unreasonableness of the order.
* * * * *

    40. Section 76.1003 is amended by revising paragraph 
(h)(3)(iii)(C)(2) to read as follows:


Sec. 76.1003  Program access proceedings.

* * * * *
    (h) * * *
    (3) * * *
    (iii)* * *
    (C)* * *
    (2) Issues concerning the amount of damages may be designated by 
the Chief, Media Bureau for hearing before, or, if the parties agree, 
submitted for mediation to, a Commission Administrative Law Judge.
* * * * *
    41. Section 76.1502 is amended by revising paragraphs (d)(2) and 
(e)(2) to read as follows:


Sec. 76.1502  Certification.

* * * * *
    (d)* * *
    (2) Parties are required to attach a cover sheet to the filing 
indicating that the submission is an open video system certification 
application. The only wording on this cover sheet shall be ``Open Video 
System Certification Application'' and ``Attention: Media Bureau.'' 
This wording shall be located in the center of the page and should be 
in letters at least \1/2\ inch in size. Parties shall also include the 
words ``open video systems'' on their mailing envelope.
    (e)* * *
    (2) Parties wishing to respond to a FCC Form 1275 filing must 
submit comments or oppositions with the Office of the Secretary and the 
Bureau Chief, Media Bureau. Comments will not be considered properly 
filed unless filed with both of these Offices. Parties are required to 
attach a cover sheet to the filing indicating that the submission is a 
pleading related to an open video system application, the only wording 
on this cover sheet shall be ``Open Video System Certification 
Application Comments.'' This wording shall be located in the center of 
the page and should be in letters at least 1/2 inch in size. Parties 
shall also include the words ``open video systems'' on their mailing 
envelopes.
* * * * *

    42. Section 76.1503 is amended by revising paragraph (b)(1) 
introductory text to read as follows:


Sec. 76.1503  Carriage of video programming providers on open video 
systems.

* * * * *
    (b) * * *
    (1) Notification. An open video system operator shall file with the 
Secretary of the Federal Communications Commission a ``Notice of 
Intent'' to establish an open video system, which the Commission will 
release in a Public Notice. Parties are required to attach a cover 
sheet to the filing indicating that the submission is an Open Video 
System Notice of Intent. The only wording on this cover sheet shall be 
``Open Video System Notice of Intent'' and ``Attention: Media Bureau.'' 
This wording shall be located in the center of the page and should be 
in letters at least \1/2\ inch in size. Parties shall also include the 
words ``open video systems'' on their mailing envelopes. Parties must 
submit copies of the Notice of Intent with the Office of the Secretary 
and the Bureau Chief, Media Bureau. The Notice of Intent shall include 
the following information:
* * * * *

PART 78--CABLE TELEVISION RELAY SERVICE

    43. The authority citation for part 78 continues to read as 
follows:

    Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 
152, 153, 154, 301, 303, 307, 308, 309.

    44. Section 78.20 is amended by revising paragraph (a) to read as 
follows:


Sec. 78.20  Acceptance of applications; public notice.

    (a) Applications which are tendered for filing in Washington, DC, 
are dated upon receipt and then forwarded to the Media Bureau where an 
administrative examination is made to ascertain whether the 
applications are complete. Applications found to be complete or 
substantially complete, are accepted for filing and are given a file 
number. In case of minor defects as to completeness, the applicant will 
be required to supply the missing information. Applications which are 
not substantially complete will be returned to the applicant. 
Applications requiring fees as set forth at part 1, subpart G, of this 
chapter must be filed in accordance with Sec. 0.401(b) of this chapter.
* * * * *
[FR Doc. 02-6353 Filed 3-20-02; 8:45 am]
BILLING CODE 6712-01-P