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dzj,hL\  P6G;LP\azj,%comment on whether these types of differences should be maintained or whether in circumstances of similar pleadings, the process rules associated with those pleadings should be the same."`,`(`(88"Ԍ S- ` oԙx4. ` ` The rules associated with each different pleading type are designed to establish fair and  xexpeditious procedures for receiving, considering, and resolving issues related to our cable television  S- xservice rules. {O- xZԍSee generally Implementations of Sections of Cable Television Consumer Protection and Competition Act of  {O-1992, Report and Order, MM Docket 92266, 8 FCC Rcd 5631(1993). We believe that there are some aspects of the pleading requirements in Part 76 rules that  xcould be made uniform. We seek comment on which aspects of the pleading processes can be made  xconsistent regardless of the Part 76 rule under which the complaint is being filed; or alternatively, which  xLpleading processes are similar and should have similar procedures. Specifically, is it appropriate to have  xthe same or different (1) periods of time to formulate and file a complaint; (2) service requirements; (3)  xpleading cycles; (4) affidavit and evidentiary requirements; and (5) burdens of proof? We also seek  xproposals on how to achieve a more streamlined complaint process for Part 76 pleadings. Specifically,  xjwe seek comment on those filing requirements, now unique to a particular type of pleading or complaint,  x[that are beneficial and should be applied universally to all Part 76 pleadings; and conversely, which filing requirements are not useful and should be eliminated.  S - III.xPROCEDURAL MATTERS  S - xA.` ` Initial Regulatory Flexibility Act Analysis For the Notice of Proposed Rulemaking  1. 1. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)  S0- ` x 5. ` ` As required by Section 603 of the Regulatory Flexibility Act, 5 U.S.C.  603, the  xyCommission is incorporating an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on  S- x=small entities of the policies and proposals in this Notice of Proposed Rule Making ("Notice"). Written  S- xpublic comments concerning the effect of the proposals in the Notice, including the IRFA, on small  xbusinesses are requested. Comments must be identified as responses to the IRFA and must be filed by  xythe deadlines for the submission of comments in this proceeding. The Secretary shall send a copy of this  S@- x.Notice, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration in  S-accordance with paragraph 603(a) of the Regulatory Flexibility Act. $ yO-#C\  P6QP#э Pub. L. No. 96354, 94 Stat. 1164, 5 U.S.C.  601 et seq. (1981), as amended.  S- ` x6. ` ` Reasons Why Agency Action is Being Considered. Section 11 of the 1996  x[Telecommunications Act requires the Commission to conduct a biennial review of regulations that apply  xto operations and activities of any provider of telecommunications service and to repeal or modify any  SR- xregulation it determines to be no longer in the public interest. R yO-#X\  P6G;P#э47 U.S.C.  161; News Release, Nov. 18, 1997. Although Section 11 does not specifically  xrefer to cable operators, the Commission has determined that the first biennial review presents an excellent opportunity for a thorough examination of all of the Commission's regulations.  S- ` pԊx7. ` ` Need for Action and Objectives of the Proposed Rule Change. The Commission has  x\proposed to simply and unify the pleading and complaint process rules for Part 76, Cable Television  Sd- xService.H dD] yOH&-ԍ47 C.H.R.  76.176.1514.H The Commission has tentatively concluded that such a procedure would serve the public interest by making the pleading and complaint process for Part 76 less confusing and less burdensome."< ,`(`(88 "Ԍ S- ` 3ԙx8. ` ` Legal Basis. The authority for the action proposed for this rulemaking is contained in  S-Section 4(i)(j) of the Communications Act of 1934, as amended.i ] yOB-#X\  P6G;P#э47 U.S.C.  154(i)(j).i  Q-  S- ` 3x9. ` ` Description and Estimate of the Number of Small Entities Impacted. The IRFA directs  xthe Commission to provide a description of and, where feasible, an estimate of the number of small  x.entities that will be affected by the proposed rules. The IRFA defines the term "small entity" as having  xthe same meaning as the terms "small business," "small organization," and "small business concern" under  S- xkSection 3 of the Small Business Act. X] yO - x#X\  P6G;P#э5 U.S.C. 601(3) (1980) (incorporating by reference the definition of "small business concern" in 15 U.S.C.  x632). Pursuant to 5 U.S.C. 601(3), the statutory definition of small business applies "unless an agency after  xconsultation with the Office of Advocacy of the Small Business Administration and after an opportunity for public  xhcomment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes definitions in the Federal Register. Under the Small Business Act, a small business concern is one  x{which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and  S-(3)satisfies any additional criteria established by the SBA.v] yOD-#X\  P6G;P#эSmall Business Act, 15 U.S.C.  632.v  SL - `  x10. ` ` Small MVPDs: The SBA has developed a definition of small entities for cable and other  x]pay television services, which includes all such companies generating $11 million or less in annual  S - xreceipts.J ] yO^-ԍ13 C.F.R. 121.201 (SIC 4841).J This definition includes cable system operators, closed circuit television services, direct  x]broadcast satellite services, multipoint distribution systems, satellite master antenna systems and  xysubscription television services. According to the Bureau of the Census, there were 1,758 total cable and  S - xother pay television services and 1,423 had less than $11 million in revenue. P ] yOv- x,ԍU.S. Department of Commerce, Bureau of the Census, Industry and Enterprise Receipts Size Report, Table 2D, SIC 4841 (Bureau of the Census data under contract to the Office of Advocacy of the SBA). We address below each service individually to provide a more precise estimate of small entities.  S- ` _x11. ` ` Cable Systems: The Commission has developed, with SBA's approval, our own definition  xzof a small cable system operator for the purposes of rate regulation. Under the Commission's rules, a  S- x"small cable company" is one serving fewer than 400,000 subscribers nationwide.$ ] yO- xԍ47 C.F.R.  76.901(e). The Commission developed this definition based on its determinations that a small cable  {O- xJsystem operator is one with annual revenues of $100 million or less. Implementation of Sections of the 1992 Cable  {O - xAct: Rate Regulation, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Rcd 7393 (1995).  Based on our most  x!recent information, we estimate that there were 1439 cable operators that qualified as small cable  Sp- x companies at the end of 1995.p] {O$-ԍPaul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 1996 (based on figures for Dec. 30, 1995). Since then, some of those companies may have grown to serve over  xy400,000 subscribers, and others may have been involved in transactions that caused them to be combined  x=with other cable operators. Consequently, we estimate that there are fewer than 1439 small entity cable  x=system operators that may be affected by the decisions and rules we are adopting. We believe that only"&,`(`(88C"  xa small percentage of these entities currently provide qualifying "telecommunications services" as required  xkby the Communications Act and, therefore, estimate that the number of such entities are significantly fewer than noted.  S`- ` x12. ` ` The Communications Act also contains a definition of a small cable system operator,  xwhich is "a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1% of  xzall subscribers in the United States and is not affiliated with any entity or entities whose gross annual  S- x?revenues in the aggregate exceed $250,000,000."A] yOP-ԍ47 U.S.C. 543(m)(2).A The Commission has determined that there are  x61,700,000 subscribers in the United States. Therefore, we found that an operator serving fewer than  x617,000 subscribers shall be deemed a small operator, if its annual revenues, when combined with the total  Sp- xannual revenues of all of its affiliates, do not exceed $250 million in the aggregate.MpX] yOh -ԍ47 C.F.R.  76.1403(b) (SIC 4833).M Based on available  SH - x]data, we find that the number of cable operators serving 617,000 subscribers or less totals 1450.H ] {O-ԍPaul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 1996 (based on figures for Dec. 30, 1995).  xAlthough it seems certain that some of these cable system operators are affiliated with entities whose gross  xannual revenues exceed $250,000,000, we are unable at this time to estimate with greater precision the  x=number of cable system operators that would qualify as small cable operators under the definition in the Communications Act.  SX- ` `x13. ` ` Multipoint Multichannel Distribution Systems ("MMDS"): The Commission refined the  xMdefinition of "small entity" for the auction of MMDS as an entity that together with its affiliates has  S - x[average gross annual revenues that are not more than $40 million for the preceding three calendar years.D z] yO$-ԍ47 C.F.R.  21.961(b)(1).D  S-This definition of a small entity in the context of MMDS auctions has been approved by the SBA.$ ] {O- x.ԍSee Amendment of Parts 21 and 74 of the Commission's Rules With Regard to Filing Procedures in the  x Multipoint Distribution Service and in the Instructional Television Fixed Service and Implementation of Section 309(j)  {O- x,of the Communications Act Competitive Bidding, MM Docket No. 9431 and PP Docket No. 93253, Report and Order, 10 FCC Rcd 9589 (1995).  S- ` x14. ` ` The Commission completed its MMDS auction in March 1996 for authorizations in 493  x!basic trading areas ("BTAs"). Of 67 winning bidders, 61 qualified as small entities. Five bidders  xindicated that they were minorityowned and four winners indicated that they were womenowned  xbusinesses. MMDS is an especially competitive service, with approximately 1573 previously authorized  xand proposed MMDS facilities. Information available to us indicates that no MMDS facility generates  xlrevenue in excess of $11 million annually. We conclude that, for purposes of this IRFA, there are approximately 1634 small MMDS providers as defined by the SBA and the Commission's auction rules.  SR- ` x15. ` ` Direct Broadcast Satellite ("DBS"): Because DBS provides subscription services, DBS  xfalls within the SBA definition of cable and other pay television services (SIC 4841). As of December  x?1996, there were eight DBS licensees. Estimates of 1996 revenues for various DBS operators are" ,`(`(88k"  S- xsignificantly greater than $11,000,000 and range from a low of $31,132,000 for Alphastar[X] yOh- xԍAlphastar Press Release (via Canada Newswire), March 20, 1997. Revenues were originally stated in Canadian  xDollars ($42,915,000 Canadian). Revenues were recalculated using an exchange rate of $1.3785 (Can) = $1.00 (US). Revenues stated include revenues for Cband service.[ to a high of  S- x$1,100,000,000 for Primestar.N] {O`-ԍThe SkyTrends Report: 19961997.N Accordingly, we now conclude that no DBS operator qualifies as a small entity.  S`- ` Rx16. ` ` Home Satellite Dish ("HSD"): The market for HSD service is difficult to quantify.  xIndeed, the service itself bears little resemblance to other MVPDs. HSD owners have access to more than  xy265 channels of programming placed on Cband satellites by programmers for receipt and distribution by  S- xMVPDs, of which 115 channels are scrambled and approximately 150 are unscrambled.bz] {O -ԍ1996 Competition Report, 12 FCC Rcd at 4385 49.b HSD owners  xcan watch unscrambled channels without paying a subscription fee. To receive scrambled channels,  xyhowever, an HSD owner must purchase an integrated receiverdecoder from an equipment dealer and pay  xNa subscription fee to an HSD programming packager. Thus, HSD users include: (1) viewers who  xsubscribe to a packaged programming service, which affords them access to most of the same  xprogramming provided to subscribers of other MVPDs; (2) viewers who receive only nonsubscription  S -programming; and (3) viewers who receive satellite programming services illegally without subscribing.= ] {O-ԍId. at 50.=  S - ` 2x17. ` ` According to the most recently available information, there are approximately 30 program  S - xjpackagers nationwide offering packages of scrambled programming to retail consumers.1 ] {O-ԍId.1 These program  SZ- xpackagers provide subscriptions to approximately 2,314,900 subscribers nationwide.1Z0 ] {O*-ԍId.1 This is an average  xlof about 77,163 subscribers per program packager. This is substantially smaller than the 400,000  xsubscribers used in the Commission's definition of a small multiple system operator ("MSO").  xFurthermore, because this an average, it is likely that some program packagers may be substantially smaller.  Sj- ` x18. ` ` Open Video System ("OVS"): The Commission has certified nine OVS operators. Of these  xnine, only two are providing service. On October 17, 1996, Bell Atlantic received approval for its  S- xcertification to convert its Dover, New Jersey Video Dialtone ("VDT") system to OVS. ] {O~"- xԍBell AtlanticNew Jersey, Inc. (Certification to Operate an Open Video System), 11 FCC Rcd 13249 (CSB  {OH#-1996) ("Bell Atlantic OVS Certification"). Bell Atlantic  xsubsequently purchased the division of Futurevision which had been the only operating program package  S- xprovider on the Dover system, and has begun offering programming on this system using these resources.] {O&- x<ԍBell Atlantic, Bell Atlantic Now Offering Video Services in Dover Township New Jersey (news release), Nov. 1, 1996. "x,`(`(88$"  xMetropolitan Fiber Systems was granted certifications on December 9, 1996, for the operation of OVS  S- xysystems in Boston and New York, both of which are being used to provide programming. ] {O@- xԍSee Metropolitan Fiber Systems/New York, Inc. (Certification to Operate an Open Video System), Consolidated Order, 11 FCC Rcd 20896, DA 962075 (CSB Dec. 9, 1996). Bell Atlantic  xand Metropolitan Fiber Systems have sufficient revenues to assure us that they do not qualify as small  xbusiness entities. Little financial information is available for the other entities authorized to provide OVS  S`- xthat are not yet operational. We believe that one OVS licensee may qualify as a small business concern.  xGiven that other entities have been authorized to provide OVS service but have not yet begun to generate revenues, we conclude that at least some of the OVS operators qualify as small entities.  S- ` x19. ` ` Satellite Master Antenna Television ("SMATVs"): Industry sources estimate that  S- xLapproximately 5200 SMATV operators were providing service as of December 1995.g!"] {O\ -ԍ1996 Competition Report, 12 FCC Rcd at 44034404 81.g Other estimates  xindicate that SMATV operators serve approximately 1.05 million residential subscribers as of September  SJ - xi1996.1"J ] {O-ԍId.1 The ten largest SMATV operators together pass 815,740 units.1#J F] {O0-ԍId.1 If we assume that these SMATV  xLoperators serve 50% of the units passed, the ten largest SMATV operators serve approximately 40% of  xthe total number of SMATV subscribers. Because these operators are not rate regulated, they are not  xrequired to file financial data with the Commission. Furthermore, we are not aware of any privately  xpublished financial information regarding these operators. Based on the estimated number of operators  x\and the estimated number of units served by the largest ten SMATVs, we conclude that a substantial number of SMATV operators qualify as small entities.  S - ` x20. ` ` Local Multipoint Distribution System ("LMDS"): Unlike the above pay television services,  xLMDS technology and spectrum allocation will allow licensees to provide wireless telephony, data, and/or  xvideo services. A LMDS provider is not limited in the number of potential applications that will be  xavailable for this service. Therefore, the definition of a small LMDS entity may be applicable to both  xLcable and other pay television (SIC 4841) and/or radiotelephone communications companies (SIC 4812).  SD- xThe SBA definition for cable and other pay services is defined in paragraph 12 supra. A small  S- x[radiotelephone entity is one with 1500 employees or less.?$] yO-ԍ13 C.F.R.  121.201.? However, for the purposes of this Notice of  S-Proposed Rulemaking, we include only an estimate of LMDS video service providers.   x21. LMDS is a service for which licenses were auctioned by the FCC beginning in February  x=1998. The vast majority of LMDS entities providing video distribution could be small businesses under  SZ- xthe SBA's definition of cable and pay television (SIC 4841).%Zh ] {Ob$-ԍSee para. 269 supra for an estimate of the number of entities under SIC 4841. However, in the Third NPRM,E&ZZ ] {O%- xZԍIn the Matter of Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the  x;27.529.5 GHz Frequency Band, to Reallocate the 29.530.0 GHz Frequency Band, to Establish Rules and Policies  xfor Local Multipoint Distribution Service and for Fixed Satellite Services and Suite 12 Group Petition for Pioneer's"'%,`(`('"  {O-Preference, ("Third NPRM") CC Docket No. 92297, 11 F.C.C. Rcd. 53 (1995),  188.E we"ZZ&,`(`(88"  x/proposed to define a small LMDS provider as an entity that, together with affiliates and attributable  x=investors, has average gross revenues for the three preceding calendar years of less than $40 million. We have not yet received approval by the SBA for this definition.  S`- ` x22. ` ` There is only one company, CellularVision, that is currently providing LMDS video  xservices. Although the Commission does not collect data on annual receipts, we assume that  S- x?CellularVision is a small business under both the SBA definition and our proposed auction rules.   S- xAccordingly, we affirm our tentative conclusion that a majority of the potential LMDS licensees will be small entities, as that term is defined by the SBA.  Sp- ` ~x23. ` ` Program Producers and Distributors: The Commission has not developed a definition  SJ - xof small entities applicable to producers or distributors of television programs.'J Z] yOD - xKԍThe term "television programs" is used in this context to include all video programming outlets, e.g., cable, DBS. Therefore, we will utilize  S" - xLthe SBA classifications of Motion Picture and Video Tape Production (SIC 7812),s(" ] yOt- x,ԍ"Establishments primarily engaged in the production of theatrical and nontheatrical motion pictures and video  xtapes for exhibition or sale, including educational, industrial, and religious films. Included in the industry are  xestablishments engaged in both production and distribution. Producers of live radio and television programs are  xYclassified in Industry 7922." Standard Industrial Classification Manual, SIC 7812, Executive Office of the President, Office of Management and Budget (1987) (OMB SIC Manual). s Motion Picture and  S - x|Video Tape Distribution (SIC 7822),.)X b ] yO- xZԍ"Establishments primarily engaged in the distribution (rental or sale) of theatrical and nontheatrical motion  xipicture films or in the distribution of video tapes and disks, except to the general public." OMB SIC Manual, SIC 7822.. and Theatrical Producers (Except Motion Pictures) and  S - xMiscellaneous Theatrical Services (SIC 7922).3*X ] yO- xԍ"Establishments primarily engaged in providing live theatrical presentations, such as road companies and  xLsummer theaters. . . . Also included in this industry are producers of . . . live television programs." OMB SIC Manual, SIC 7922.3 These SBA definitions provide that a small entity in the  xtelevision programming industry is an entity with $21.5 million or less in annual receipts for SIC 7812  S - xand 7822, and $5 million or less in annual receipts for SIC 7922.f+ ] yO-ԍ13 C.F.R.  121.201.#x6X@`7iX@#f The 1992 Bureau of the Census data  xjindicate the following: (1) there were 7265 U.S. firms classified as Motion Picture and Video Production  x[(SIC 7812), and that 6987 of these firms had $16,999 million or less in annual receipts and 7002 of these  S - xfirms had $24,999 million or less in annual receipts;, 2] yO"- xԍU.S. Small Business Administration 1992 Economic Census Industry and Enterprise Report, Table 2D, SIC  x-7812, (Bureau of the Census data adapted by the Office of Advocacy of the U.S. Small Business Administration)  x(SBA 1992 Census Report). The Census data do not include a category for $21.5 million. Therefore, we have  xreported the closest increment below and above the $21.5 million threshold. There is a difference of 15 firms  xxbetween the $16,999 and $24,999 million annual receipt categories. It is possible that these 15 firms could have annual receipts of $21.5 million or less and, therefore, would be classified as small businesses. (2) there were 1139 U.S. firms classified as Motion" ,,`(`(88"  xkPicture and Tape Distribution (SIC 7822), and that 1007 of these firms had $16,999 million or less in  S- xannual receipts and 1013 of these firms had $24,999 million or less in annual receipts;- ] yO@- x,ԍSBA 1992 Census Report, SIC 7812. The Census data does not include a category for $21.5 million; therefore,  xwe have reported the closest increment below and above the $21.5 million benchmark. There is a difference of 6  xfirms between the $16,999 and $24,999 million annual receipt categories. It is possible that these 6 firms could have annual receipts of $21.5 million or less and, therefore, would be classified as small businesses. and (3) there were  x5671 U.S. firms classified as Theatrical Producers and Services (SIC 7922), and that 5627 of these firms  S-had less than $5 million in annual receipts.I.] yO-ԍSBA 1992 Census Report, SIC 7922.I  S8- ` x24. ` ` Each of these SIC categories is very broad and includes firms that may be engaged in  xvarious industries including television. Specific figures are not available as to how many of these firms  xLexclusively produce and/or distribute programming for television or how many are independently owned  x=and operated. Consequently, we conclude that there are approximately 6987 small entities that produce  xand distribute taped television programs, 1013 small entities primarily engaged in the distribution of taped  xtelevision programs, and 5627 small producers of live television programs that may be affected by the rules adopted in this proceeding.  Q -      S - ` x25. ` ` Reporting, Recordkeeping, and other Compliance Requirements: The Commission is not proposing any new or modified recordkeeping or information collection requirements.  Q -  S - ` Cx26. ` ` Significant Alternatives Which Minimize the Impact on Small Entities and which are  S\- x[Consistent with Stated Objectives: The Notice solicits comments and proposals for means to simplify or  xmake uniform Part 76 pleading and complaint process rules. Any significant alternatives presented in the comments will be considered.  Q-  S- ` x27. ` ` Federal Rules which Overlap, Duplicate, or Conflict with the Commission's Proposal: None.  SH- ` x28. ` ` Report to Congress.  The Commission shall send a copy of this IRFA along with this  xNotice in a report to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of  xM1996, codified at 5 U.S.C.  801(a)(1)(A). A copy of this IRFA will also be published in the Federal  S-Register.  S- xB.` ` Paperwork Reduction Act of 1995 Analysis  S2- ` x29. ` ` The requirements proposed in this Notice have been analyzed with respect to the  xPaperwork Reduction Act of 1995 (the "1995 Act") and would impose new and modified information  x?collection requirements on the public. The Commission, as part of its continuing effort to reduce  x/paperwork burdens, invites the general public to take this opportunity to comment on the proposed  xNinformation collection requirements contained in this Notice, as required by the 1995 Act. Public  xzcomments are due 60 days from date of publication of this Notice in the Federal Register. Comments  xshould address: (a) whether the proposed collection of information is necessary for the proper  xyperformance of the functions of the Commission, including whether the information would have practical  xutility; (b) the accuracy of the Commission's burden estimates; (c) ways to enhance the quality, utility," @.,`(`(88e""  xand clarity of the information collected; and (d) ways to minimize the burden of the collection of  xinformation on the respondents, including the use of automated collection techniques or other forms of information technology.  S`- ` nx30. ` ` Written comments by the public on the proposed new and modified information collection  xrequirements are due 60 days from the date of publication of this Notice in the Federal Register.  x.Comments should be submitted to Judy Boley, Federal Communications Commission, Room 234, 1919  xM Street, N.W., Washington, D.C. 20554, or via the Internet to jboley@fcc.gov. For additional  xinformation on the proposed information collection requirements, contact Judy Boley at 2024180214 or via the Internet at the above address.  SH - xC.` ` Ex Parte Rules (#`  S - ` ax31. ` ` This proceeding will be treated as a "permit-but-disclose" proceeding subject to the  x"permit-but-disclose" requirements under Section 1.1206(b) of the rules. 47 C.F.R.  1.1206(b), as  x[revised. Ex parte presentations are permissible if disclosed in accordance with Commission rules, except  xduring the Sunshine Agenda period when presentations, ex parte or otherwise, are generally prohibited.  xjPersons making oral ex parte presentations are reminded that a memorandum summarizing a presentation  x/must contain a summary of the substance of the presentation and not merely a listing of the subjects  xdiscussed. More than a one or two sentence description of the views and arguments presented is generally  S- xlrequired. See 47 C.F.R.  1.1206(b)(2), as revised. Additional rules pertaining to oral and written  S-presentations are set forth in Section 1.1206(b).  Sj- xD .` `  Filing of Comments and Reply Comments (#`  S- ` x32. ` ` Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the  xCommission's Rules, 47 C.F.R.  1.415 and 1.419, interested parties may file comments on or before  S- x June 22, 1998 and reply comments on or before July 7, 1998. To file formally in this proceeding, you  xmust file an original plus four copies of all comments, reply comments, and supporting comments. If you  xwant each Commissioner to receive a personal copy of your comments and reply comments, you must file  xLan original plus nine copies. You should send comments and reply comments to Office of the Secretary,  xFederal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. Comments and  xreply comments will be available for public inspection during regular business hours in the FCC Reference  xCenter, Room 239, Federal Communications Commission, 1919 M Street N.W., Washington D.C. 20554.  x@The Cable Services Bureau contact for this proceeding is Thomas Horan at (202) 4182486 or thoran@fcc.gov.  S:- ` #x33. ` ` Written comments by the public on the proposed and/or modified information collections  x.are due May 29, 1998. Written comments must be submitted by the Office of Management and Budget  xM("OMB") on the proposed and/or modified information collections on or before 60 days after date of  x/publication in the Federal Register. In addition to filing comments with the Secretary, a copy of any  xcomments on the information collections contained herein should be submitted to Judy Boley, Federal  x/Communications Commission, Room 234, 1919 M Street, N.W., Washington, DC 20554, or via the  xInternet to jboley@fcc.gov and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street, N.W., Washington, DC 20503 or via the Internet to fain_t@al.eop.gov. "% .,`(`(88'"Ԍ S- ` %x34. ` ` Parties are also asked to submit comments and reply comments on diskette, where  xMpossible. Such diskette submissions would be in addition to and not a substitute for the formal filing  xjrequirements addressed above. Parties submitting diskettes should submit them to Thomas Horan of the  xCable Services Bureau, 2033 M Street N.W., Room 700I, Washington, D.C. 20554. Such a submission  x^should be on a 3.5 inch diskette formatted in an IBM compatible form using MS DOS 5.0 and  xWordPerfect 5.1 software. The diskette should be submitted in "read only" mode. The diskette should  xbe clearly labelled with the party's name, proceeding, type of pleading (comments or reply comments), and date of submission. The diskette should be accompanied by a cover letter.  S- xE.` ` Ordering Clause  SH - ` x35. ` ` IT IS ORDERED that, pursuant to Section 4(i)(j) of the Communications Act of 1934,  S - xas amended, 47 U.S.C.  154(i)(j), NOTICE IS HEREBY GIVEN of proposed amendments to Part 76,  x{in accordance with the proposals, discussions and statements of issues in this Notice of Proposed  S - xRulemaking, and that COMMENT IS SOUGHT regarding such proposals, discussions and statements of issues.  SX- ` "x36. ` ` IT IS FURTHER ORDERED that the Commission's Office of Public Affairs, Reference  xOperations Division shall send a copy of this Notice of Proposed Rulemaking, including the Initial  xRegulatory Flexibility Analysis, to the Chief Counsel for Advocacy of Small Business Administration, in  S-accordance with paragraph 603(a) of the Regulatory Flexibility Act.w/] {OH-ԍ Pub. L. No. 96354, 94 Stat.1164, 5 U.S.C.  601 et seq. (1981).w x` ` hhFEDERAL COMMUNICATIONS COMMISSION x` `  hh x` `  hhMagalie Roman Salas x` `  hhSecretary " Z/,`(`(88"  S-  #Xj\  P6G;9XP##|\  P6G; 5P## &a\  P6G;&P#Separate Statement of Commissioner Harold W. FurchtgottRoth T  S-  In re: Notice of Proposed Rulemaking  S-T  D1998 Biennial Regulatory Review  S8- Part 76 Cable Television Service Pleading and Complaint Rules TP  S-  P xI support adoption of this Notice of Proposed Rulemaking. To my mind, any reduction in  xpaperwork obligations or simplification of our procedural rules for regulated entities or "streamlining" is always a plus. To that extent, this item is good policy and I am all for it.  SH -   xThis item should not, however, be mistaken for compliance with section 11 of the Communications Act.   xFirst of all, section 11 requires a review of all regulations that govern the operations of "any  xprovider of telecommunications service." 47 U.S.C section 161. It does not by its terms apply to  x?regulations governing broadcast and cable companies. I therefore understand this cable item to be  x>premised not on section 11 (notwithstanding the caption, which might suggest otherwise) but on our  xgeneral authority to change our rules when appropriate under section 4(i) and related provisions of the Communications Act.  S-  !xSecond, this item focuses, as do some pure section 11 items that we have issued,0] yO -#X\  P6G;P#эBy this I mean items regarding rules applicable to telecommunications providers. on procedural  x=rules governing filings at the Commission as opposed to substantive rules that limit what companies can  Sh- x=do in the marketplace, e.g., regulations that restrict market entry or limit market share. As stated above,  xit is certainly important that in the course of the Biennial Review we evaluate our procedural rules and  S- xmodify or eliminate them if necessary. But section 11 requires us to look at both procedural and substantive rules and make an affirmative finding of their continued necessity.   xIf all we do is "streamline" certain procedures at the Commission, without also examining all  xpertinent substantive rules and making the statutorilyrequired determinations of necessity, we will fail to meet the express directive of section 11.   @xAs I have previously explained, I question whether the FCC is prepared to meet its statutory  S- xMobligation to review all of the regulations covered by section 11 in 1998. See generally 1998 Biennial  S- xRegulatory Review Review of Computer III  and ONA Safeguards and Requirements  , __ FCC Rcd __  S- xj(released Jan. 30, 1998).  To my knowledge, the FCC has no plans to review affirmatively  all  regulations  xapplicable to the operations or activities of telecommunications providers and to make specific findings  xas to their continued necessity. Nor has the Commission issued general principles to guide our public interest analysis and decisionmaking process across the wide range of FCC regulations.   x We should not let this item, which does not relate to telecommunications rules and focuses only  xon procedural matters, or any other limited Commission analysis be mistaken for full compliance with Section 11. 6* * * * * * *