FCC Web Documents citing 76.309

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

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  • the local franchising authority was specifically prohibited from considering the effect of such things as a system's unsatisfactory signal quality. 10 FCC Rcd at 8730-31. Century Cable of Southern California, supra. 13 FCC Rcd 11996, 11998 para. 6 (Cab. Serv. Bur. 1998). 47 C.F.R. � 76.936; Rate Order, 8 FCC Rcd at 5715-5716 See 47 C.F.R � 76.601-630. 47 C.F.R. 76.309. See TCI TKR of Georgia Inc., 15 FCC Rcd 9123 (Cab. Serv. Bur. 2000). 47 C.F.R. � 76.936(a), (b); see Rate Order, 8 FCC Rcd at 5715; Falcon Cable Media, 13 FCC Rcd 11996, 11998 (Cab. Serv. Bur. 1998). (...continued from previous page) (continued....) Federal Communications Commission DA 01-1777 Federal Communications Commission FCC 00-XXX � � � � � �
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  • blocked by the cable operator. Rather, Section 504 simply requires the cable operator to block the channel when the household does not subscribe to the service and the subscriber requests blocking. The Commission expects cable television operators to respond to legitimate subscriber requests to block a service in a timely manner. For example, the Commission's customer service standards (47 C.F.R. �76.309) require standard cable installations to occur within seven (7) business days after an order has been placed. This timeframe also would appear appropriate for an operator to respond to a subscriber's request to address a signal bleed concern. The Commission recognizes that Section 504 does not require cable television operators to notify or inform subscribers (or potential subscribers) about their
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  • pursuant to authority delegated by section 0.283 of the Commission's rules. 47 C.F.R. � 0.283. FEDERAL COMMUNICATIONS COMMISSION W. Kenneth Ferree Chief Media Bureau Pub. L. No. 102-385, 106 Stat. 1460 (1992), 47 U.S.C. � 534. The 1992 Cable Act amended Title VI of the Communications Act of 1934, as amended, 47 U.S.C. � 521 et seq. 47 C.F.R. � 76.309. See also, Implementation of Section 8 of the Cable Television Consumer Protection and Competition Act of 1992, Consumer Protection and Customer Service, MM Docket No. 92-263, Report and Order, 8 FCC Rcd 2892 (1993). NCTA was then known as the National Cable Television Association. Responsive pleadings were filed by the National Association of Telecommunications Officers and Advisors, the United States
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  • 76.630). The Order noted that a franchising authority may not arbitrarily reduce prices for programming and equipment below maximum permitted rate levels in an effort to address signal quality or equipment compatibility issues). 13 FCC Rcd 11996, 11998 (CSB 1998). 47 C.F.R. � 76.936; Rate Order, 8 FCC Rcd at 5715-16. See 47 C.F.R. �� 76.601-630. See 47 C.F.R. � 76.309. See 47 C.F.R. � 76.923(c)(1) and (3). See Opposition at 10. See TCI of Richardson, Inc., 14 FCC Rcd at 11710. As part of the annual rate change, the Commission's rules include a ``true-up'' mechanism which permits an operator to correct projected cost changes with actual cost changes associated with external costs, inflation, and the number of regulated channels. The
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  • carriage obligations. 76.57 Channel positioning. 76.59 Modification of television markets. 76.61 Disputes concerning carriage. 76.62 Manner of carriage. 76.64 Retransmission consent. SUBPART H -- GENERAL OPERATING REQUIREMENTS Brief Description: These rules prescribe customer service standards for cable operators. Need: These rules implement section 8 of the Cable Television Consumer Protection and Competition Act of 1992. . Section Number and Title: 76.309 Customer service obligations. SUBPART J -- OWNERSHIP OF CABLE SYSTEMS Brief Description: These rules restrict the ownership interests of cable operators and their ability to own or control video programming services. Need: These rules provide for diversity in the ownership of cable television systems and video programming providers. . Section Number and Title: 76.501 Cross-ownership. 76.502 Time limits applicable to
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  • the NFL argues that this number may significantly understate the number of customers who have attempted to complain to Time Warner because anecdotal evidence suggests that customers attempting to complain have faced long hold times and disconnected calls. Opposition at 6. See Proper Decl., � 10-11. See Petition for Reconsideration at 9-10. What is now section 76.1603(b) originated as section 76.309(c)(3)(i)(B) in 1993. Implementation of Section 8 of the Cable Television Consumer Protection and Competition Act of 1992, Consumer Protection and Customer Service, MM Docket No. 92-263, Report and Order, 8 FCC Rcd 2892 (1993) (Cable Consumer Protection Order). In 1999, it was moved to section 76.1603(b) as part of housekeeping efforts to place similar notice requirements in one place, see
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254432A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254432A1.txt
  • pertinent part, that the cable operator must provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (1) products and services offered and (2) prices and options for programming services and conditions of subscription to programming and other services. 47 C.F.R. $9 76.309; 76.1602. The standards also provide that customers will be notified of any changes in rates . . . as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. 47 C.F.R. 76.1603(b). THE REPORT 41 \ /
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  • requiring added capital investment may justify an increase in rates for regulated services by demonstrating that the capital investment will benefit subscribers, including providing television broadcast programming in a digital format. *** *** *** *** *** *** 9. Section 76.964 is amended as follows: �76.964 Written Notification of Changes in Rates and Services. (a) In addition to the requirement of �76.309(c)(3)(i)(B) regarding advance notification to customers of any changes in rates, programming services or channel positions, cable systems shall give 30 days written notice to both subscribers and local franchising authorities before implementing and rate or service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate
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  • the public file requirements of Section 76.630, an additional Note is added to the end of the section, and reads as follows: NOTE 4 TO � 76.630: Cable operators must comply with the notification requirements pertaining to the waiver of the prohibition against scrambling and encryption, and must comply with the public file requirements in connection with such waiver. Section 76.309 removed provisions in (c)(3)(i) and (c)(3)(ii) governing notification with regard to subscriber services, rate and service changes, and subscriber billing information. These notification provisions are relocated to Sections 76.1602, 76.1603, and 76.1619, respectively. To ensure that the public is aware of the existence and location of these notification requirements an additional Note is added to the end of Section 76.309
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  • of Orlando, Florida, Petitions for Declaratory Ruling on Franchise Fee Issues, Memorandum Opinion and Order, 14 FCC Rcd 7678 (1999). Henrico County, 257 F.3d at 365. See NATOA Comments at 20-21; National League of Cities, et al. Comments at 13-14. See Communications Act � 632(a), 47 U.S.C. � 552(a). See 47 U.S.C. � 552(d)(1), (2); see also 47 C.F.R. �� 76.309, 76.1602, 76.1603. Communications Act � 224, 47 U.S.C. � 224. Gulf Power, 112 S.Ct. at 786, 787-88, 789. Id. at 787-88. See 47 U.S.C. � 224(d), (e). See Implementation of Section 703(e) of the Telecommunications Act of 1996, Amendment of the Commission's Rules and Policies Governing Pole Attachments, CS Docket No. 97-151, Report and Order (``Pole Attachment Order''), 13 FCC
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  • Channel positions . . . ; and (6) Billing and complaint procedures. . . .'' 47 C.F.R. � 76.1602(b). 47 C.F.R. � 76.1603(b). As directed by Congress, the Commission also adopted customer service rules regarding billing, see 47 C.F.R. � 76.1619; Consumer Protection Order, 8 FCC Rcd at 29, �� 65-68; office hours and telephone availability, see 47 C.F.R. � 76.309; Consumer Protection Order, 8 FCC Rcd at 2903-2904, �� 45-56; and installations, outages, and service calls, see 47 C.F.R. � 76.309; Consumer Protection Order, 8 FCC Rcd at 2905-2906, �� 56-64. 47 U.S.C. � 552(a). See Consumer Protection Order, 8 FCC Rcd at 2895, � 10, n.15, in which the Commission discusses the following portions of the legislative history: House
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  • at 15-16. TDI notes that the complaint form may be optional, and that consumers may use email or other means of communication to provide the substance of the complaint. A copy of the proposed complaint form included in the TDI Petition as Exhibit A is attached hereto as Appendix A. NCTA Opposition at 7. Id., n.17, citing 47 C.F.R. � 76.309. Reconsideration Order, 13 FCC Rcd at 20025, para. 116. NCTA Opposition at 3-4. On reconsideration, the Commission stated its expectation that programming distributors would be responsive to consumers' complaints and noted that, while all complaints must be filed in writing, it is important that video programming distributors make their organizations accessible to persons with hearing disabilities seeking information about the
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  • existing call center regions do not mirror local franchise areas. One region can encompass multiple franchise areas, and impose a multitude of regulations upon a new entrant. AT&T Comments at 73. Verizon Comments at 75. NATOA Reply at 40-41. See also New York City Comments at 3 (citing 47 U.S.C. � 552). 47 U.S.C. � 552(d)(2). Accord 47 C.F.R. � 76.309(b)(4). See, e.g., Alliance for Public Technology Comments at 2-3; American Association of People with Disabilities at 2; Cavalier Comments at 6. 47 U.S.C. � 552(d)(2). Accord 47 C.F.R. � 76.309(b)(4). See 5 U.S.C. � 603. See 5 U.S.C. � 604. The RFA, see 5 U.S.C. �� 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act
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  • or any other provision of this Act, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, Federal Communications Commission FCC 99-57 424110 Stat. 117, codified 47 U.S.C. � 552(c). 425Interim Order at 11 FCC Rcd 5952; see 47 C.F.R. �� 76.309(c)(3)(i)(B), 76.964(b). 426Interim Order, 11 FCC Rcd at 5952 (citing 47 C.F.R. 76.964(c)). See also Rate Order, 8 FCC Rcd at 5713-14. 427Interim Order, 11 FCC Rcd at 5952. 428Id. citing Conference Report at 169. 429Interim Order, 11 FCC Rcd at 5952. 430Id. 431State of New York Comments at 11-15. 432Id. at 11-12. Accord LSGAC Recommendation 13(D), which recommends that local
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  • requiring added capital investment may justify an increase in rates for regulated services by demonstrating that the capital investment will benefit subscribers, including providing television broadcast programming in a digital format. *** *** *** *** *** *** 9. Section 76.964 is amended as follows: �76.964 Written Notification of Changes in Rates and Services. (a) In addition to the requirement of �76.309(c)(3)(i)(B) regarding advance notification to customers of any changes in rates, programming services or channel positions, cable systems shall give 30 days written notice to both subscribers and local franchising authorities before implementing and rate or service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate
• http://transition.fcc.gov/eb/Orders/2004/FCC-03-333A1.html
  • the cable service; (5) Channel positions . . . ; and (6) Billing and complaint procedures. . . .'' 47 C.F.R. 76.1602(b). 8 47 C.F.R. 76.1603(b). As directed by Congress, the Commission also adopted customer service rules regarding billing, see 47 C.F.R. 76.1619; Consumer Protection Order, 8 FCC Rcd at 29, 65-68; office hours and telephone availability, see 47 C.F.R. 76.309; Consumer Protection Order, 8 FCC Rcd at 2903- 2904, 45-56; and installations, outages, and service calls, see 47 C.F.R. 76.309; Consumer Protection Order, 8 FCC Rcd at 2905-2906, 56-64. 9 47 U.S.C. 552(a). 10 See Consumer Protection Order, 8 FCC Rcd at 2895, 10, n.15, in which the Commission discusses the following portions of the legislative history: House Comm. on
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  • or any other provision of this Act, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, Federal Communications Commission FCC 99-57 424110 Stat. 117, codified 47 U.S.C. � 552(c). 425Interim Order at 11 FCC Rcd 5952; see 47 C.F.R. �� 76.309(c)(3)(i)(B), 76.964(b). 426Interim Order, 11 FCC Rcd at 5952 (citing 47 C.F.R. 76.964(c)). See also Rate Order, 8 FCC Rcd at 5713-14. 427Interim Order, 11 FCC Rcd at 5952. 428Id. citing Conference Report at 169. 429Interim Order, 11 FCC Rcd at 5952. 430Id. 431State of New York Comments at 11-15. 432Id. at 11-12. Accord LSGAC Recommendation 13(D), which recommends that local
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001149.doc
  • the local franchising authority was specifically prohibited from considering the effect of such things as a system's unsatisfactory signal quality. 10 FCC Rcd at 8730-31. Century Cable of Southern California, supra. 13 FCC Rcd 11996, 11998 para. 6 (Cab. Serv. Bur. 1998). 47 C.F.R. � 76.936; Rate Order, 8 FCC Rcd at 5715-5716 See 47 C.F.R. �� 76.601-630. 47 C.F.R. 76.309. 47 C.F.R. �76.936(a), (b); see Rate Order, 8 FCC Rcd at 5715; Falcon Cable Media, 13 FCC Rcd 11996, 11998 (Cab. Serv. Bur. 1998). (...continued from previous page) (continued...) Federal Communications Commission DA 00-1149 Federal Communications Commission DA 00-1149 $ % � @&
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  • requiring added capital investment may justify an increase in rates for regulated services by demonstrating that the capital investment will benefit subscribers, including providing television broadcast programming in a digital format. *** *** *** *** *** *** 9. Section 76.964 is amended as follows: �76.964 Written Notification of Changes in Rates and Services. (a) In addition to the requirement of �76.309(c)(3)(i)(B) regarding advance notification to customers of any changes in rates, programming services or channel positions, cable systems shall give 30 days written notice to both subscribers and local franchising authorities before implementing and rate or service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970905.html
  • Action by Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau. Adopted: September 2, 1997. by Order. (DA No. 97-1909). CSB Internet URL: [15]http://www.fcc.gov/Bureaus/Cable/Orders/1997/da971909.txt LETTER RULING - CABLEVISION OF CONNECTICUT, L.P. The Cable Services Bureau has released a letter in response to a request by Cablevision of Connecticut, L.P. asking for a waiver of Sections 76.964 and 47 C.F.R. 76.309(c)(3)(i)(B) of the Commission's rules regarding the 30-day notice to subscribers when changing programming services. The Bureau found Cablevision of Connecticut, L.P. has shown good cause for this waiver because it is adding 16 new channels at no additional cost to subscribers. Action by Chief, Cable Services Bureau. Adopted: September 4, 1997. by Letter. (DA No. 97-1916). CSB Contact: Cable Services
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  • the cable service; (5) Channel positions . . . ; and (6) Billing and complaint procedures. . . .'' 47 C.F.R. 76.1602(b). 8 47 C.F.R. 76.1603(b). As directed by Congress, the Commission also adopted customer service rules regarding billing, see 47 C.F.R. 76.1619; Consumer Protection Order, 8 FCC Rcd at 29, 65-68; office hours and telephone availability, see 47 C.F.R. 76.309; Consumer Protection Order, 8 FCC Rcd at 2903- 2904, 45-56; and installations, outages, and service calls, see 47 C.F.R. 76.309; Consumer Protection Order, 8 FCC Rcd at 2905-2906, 56-64. 9 47 U.S.C. 552(a). 10 See Consumer Protection Order, 8 FCC Rcd at 2895, 10, n.15, in which the Commission discusses the following portions of the legislative history: House Comm. on
• http://www.fcc.gov/mb/engineering/76print.html
  • invocation of protection. [47]76.125 Indemnification contracts. [48]76.127 Satellite sports blackout. [49]76.128 Application of sports blackout rules. [50]76.130 Substitutions. Subpart G -- Cablecasting [51]76.205 Origination cablecasts by legally qualified candidates for public office; equal opportunities. [52]76.206 Candidate rates. [53]76.209 Fairness doctrine; personal attacks; political editorials. [54]76.213 Lotteries. [55]76.225 Commercial limits in children's programs. [56]76.227 [Reserved] Subpart H -- General Operating Requirements [57]76.309 Customer service obligations. Subpart I -- Forms and Reports [58]76.403 Cable television system reports. Subpart J -- Ownership of Cable Systems [59]76.501 Cross-ownership. [60]76.502 Time limits applicable to franchise authority consideration of transfer applications. [61]76.503 National subscriber limits. [62]76.504 Limits on carriage of vertically integrated programming. [63]76.505 Prohibition on buy outs. Subpart K -- Technical Standards [64]76.601 Performance tests. [65]76.605
• http://www.fcc.gov/mb/engineering/part76.pdf
  • � 76.127 Satellite sports blackout. � 76.128 Application of sports blackout rules. � 76.130 Substitutions. Subpart G-Cablecasting � 76.205 Origination cablecasts by legally qualified candidates for public office; equal opportunities. � 76.206 Candidate rates. � 76.209 Fairness doctrine; personal attacks; political editorials. � 76.213 Lotteries. � 76.225 Commercial limits in children's programs. � 76.227 [Reserved] Subpart H-General Operating Requirements � 76.309 Customer service obligations. Subpart I-Forms and Reports � 76.403 Cable television system reports. Subpart J-Ownership of Cable Systems � 76.501 Cross-ownership. � 76.502 Time limits applicable to franchise authority consideration of transfer applications. � 76.503 National subscriber limits. � 76.504 Limits on carriage of vertically integrated programming. � 76.505 Prohibition on buy outs. Page 2of 243 Electronic Code of Federal
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  • laws or regulations" that exceed Commission standards or address matters not addressed by Commission standards under section 632, apply to cable modem service?382 2. Pole Attachments 380See NATOA Comments at 20-21; National League of Cities, et al. Comments at 13-14. 381See Communications Act � 632(a), 47 U.S.C. � 552(a) 382See 47 U.S.C. � 552(d)(1), (2); see also 47 C.F.R. �� 76.309, 76.1602, 76.1603. 165a 109.The Pole Attachment Act gives cable television systems and providers of telecommunications service the right to attach to poles of power and telephone companies at regulated rates.383 In Gulf Power, the United States Supreme Court held that the Pole At- tachment Act applies to attachments by cable television systems that provide Internet service in addition to traditional
• http://www.fcc.gov/transaction/att-comcast/cwa_comments042902.pdf
  • cited in Section IIIA. supra illustrate, even large jurisdictions, such as Arlington, Tx., Seattle, Wa., and Portland, Or. have difficulty getting accurate data and then enforcing compliance with customer service performance standards.51 Therefore, the Commission should require, as a merger condition, that the merged AT&T Comcast provide to the Commission quarterly service performance reports by local franchise 49 47 CFR �76.309. 50 Id. 23 area, subject to financial penalty for non-compliance. The quarterly service performance reports should be publicly available on the Commission�s web site. Such national reporting would facilitate enforcement by 1) providing local franchise authorities access to comparative data; and 2) providing consumers access to the information. It would also facilitate regulatory oversight to protect consumers against AT&T Comcast