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Federal Communications Commission approved by OMB
<br /> Washington,D.C. 20554 3060-0550 Expires 05/31/96
<br /> INSTRUCTIONS FOR FCC 328
<br /> FRANCHISING AUTHORITY CERTIFICATION
<br /> 1. The Cable Television Consumer Protection and Competition Act, Question 4(b): The franchising authority must have a sufficient
<br /> enacted in October 1992, changes the manner in which cable number of personnel to undertake rate regulation.
<br /> television systems that are not subject to effective competition are
<br /> regulated. In general,rates for the basic s rvi e tier(the tier required A franchise authority unable to answer"yes"to questions 4(a)or 4(b)
<br /> as a condition of access to all other video services and containing, may wish to review the FCC's Report and Order in_Docket 92-266,
<br /> among other services, local broadcast station signals and public, FCC 93-177 (released May 3, 1993) for further information on the
<br /> educational, and public access channels) and associated equipment establishment of alternative federal regulatory procedures.
<br /> will be subject to regulation by local or state governments
<br /> ("franchising authorities"). Rates for cable programming services and 9. Question 5:Franchising authorities must have procedural regulations
<br /> associated equipment(all services except basic and pay channels)will allowing for public participation in rate regulation proceedings. If a
<br /> be subject to regulation by the FCC. Rates for pay channels franchising authority does not have these regulations already in place,
<br /> (channels for which there is a specific per-channel or per-program it must adopt them within 120 days of certification and before it may
<br /> charge)are not regulated. undertake rate regulation.
<br /> 2. Only cable systems that are not subject to effective competition may 10. Question 6: Most cable systems are II4t subject to effective
<br /> be regulated. Effective competition means that (a) fewer than 30 competition,as defined by the Cable Act. (The definition is included
<br /> percent of the households in the franchise area subscribe to the cable above and on the form.) The franchising authority may presume that
<br /> service of a cable system;(b)the franchise area is(i)served by at least the cable system in its jurisdiction is not subject to effective
<br /> two unaffiliated multichannel video programming distributors each of competition.
<br /> which offers comparable video programming to at ieast 50 percent of
<br /> the households in the franchise area; and (ii) the number of For purposes of applying the definition of effective competition (see
<br /> households subscribing to programming services offered by - Item 2 above),"multichannel video programming distributors"include
<br /> multichannel video programming distributors other than the largest a cable operator, a multichannel multipoint distribution service, a
<br /> multichannel video programming distributor exceeds 15 percent of direct broadcast satellite service, a television receive-only satellite
<br /> the households in the franchise area; or (c) a multichannel video program distributor, a video dialtone service, and a satellite master
<br /> programming distributor operated by the franchising authority for that antenna television system. A multichannel video programming
<br /> franchise area offers video programming to at least 50 percent of the distributor's services will be deemed "offered" when they are both
<br /> households in that franchise area. technically and actually available. Service is "technically available"
<br /> when the multichannel distributor is physically able to deliver the
<br /> 3. In order to regulate basic service tier rates, a franchising authority service to a household wishing to subscribe, with only minimal
<br /> must be certified by the FCC. In order to be certified, a franchising additional investment by the distributor. A service is "actually
<br /> authority must complete this form. An original and one copy of the available" if subscribers in the franchise area are reasonably aware
<br /> completed form and all attachments must be returned to the FCC through marketing efforts that the service is available. Subscribership
<br /> by registered mail, return receipt requested, to the FCC at the of those multichannel video programming distributors offering service
<br /> address on the form. to at least 50 percent of the households in a franchise area will be
<br /> aggregated to determine whether at least 15 percent of the
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<br /> 4. A copy of the form must be served on the cable operator by first-class households in the franchise area are served by competitors. A
<br /> mail on or before the date the form is sent or delivered to the FCC. multichannel video programming distributor must offer at least 12
<br /> channels of programming, at least one channel of which is
<br /> 5. The franchising authority's certification will become effective 30 days nonbroadcast,to be found to offer"comparable"video programming.
<br /> after the date stamped Qa,the_postal return receipt unless otherwise
<br /> notified by the Commission by that date. The franchising authority 11. This certification form must be signed by a government official with
<br /> cannot begin to regulate rates, however,until it has actually adopted authority to act on behalf of the franchising authority.
<br /> the required regulations(see below)and until it has notified the cable
<br /> operator that it has been certified and that it has adopted the required
<br /> regulations.
<br /> FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK
<br /> 6. In order to be certified, franchising authorities must answer"yes" to REDUCTION ACT
<br /> Questions 3,4, and 5, which are explained as follows: The solicitation of personal information in this forrn is authorized by the Communications Act of
<br /> t934,zs amended. The Comm sion will use the information provided in this form to determine
<br /> 7. Question 3: The franchising authority must adopt rate regulations if the franchise authority should be authorized to regulate cable rates. In reaching that
<br /> consistent with the Commission's regulations for basic cable service, determination, or for law enforcement purposes, it may become necessary to refer personal
<br /> information contained in this form to another government agency. All information provided in this
<br /> To fulfill this requirement for certification, the franchising authority form will be available for public inspection. Your response is required to obtain the requested
<br /> may simply adopt a regulation indicating that it will follow the authority.
<br /> regulations established by the FCC.
<br /> Public reporting burden for this collection of information is estimated to average 3r,minutes,
<br /> including the time for reviewing instructions, searching existing data sources, gathering and
<br /> The franchising authority has 120 days to adopt these regulations rnainlainmg the data needed,and completing and reviewing the collection of information Send
<br /> after the time it is certified. The franchising authority may not, comments regarding this burden estimate or any other aspect of this collection of information,
<br /> however,begin to regulate cable rates until after it has adopted these including suggestions for reducing the burden,to the I-ecteral Communications Commission,Records
<br /> regulations and until it has notified the cable o erator that it has been Management Division,AMOYIRS.Washington,D.C. 20554,and to the Orrice of Management
<br /> p and Budget,Paperwork Reduction Project(3060-0550),Washington,D.C. 20503.
<br /> certified and has adopted the required regulations.
<br /> THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.l. 93.579,
<br /> 8. Question 4(a):The franchising authority's"legal authority"to regulate DECEMBER 31,1975,S U.S.C.S72alc)(31 AND THE PAPERWORK REDUCTION ACT OF 1960,
<br /> basic service must come from state law. Jn some states. only the P.L 94511,DECEMBER 11,1960,44 U.S. 6507,
<br /> stale-gaYS11113211L may regulate cable fates. In those states, the state
<br /> government should file this certification. Provisions in franchise
<br /> agreements that prohibit rate regulation are void,and do not prevent
<br /> a franchising authority from regulating the basic service tier and
<br /> associated equipment.
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