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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) Charter Communications ) CSR-5329 ) Request for Declaratory Ruling ) FCC Form 394 ) ) MEMORANDUM OPINION AND ORDER Adopted: February 11, 1999 Released: February 16, 1999 By the Chief, Cable Services Bureau: INTRODUCTION 1. Charter Communications ("Charter") has filed a Request for Declaratory Ruling, pursuant to Section 1.2 of the Commission's rules, requesting that the Commission declare that exhibits to FCC Form 394 may be submitted in electronically readable format over the internet. The National Cable Television Association ("NCTA") has filed comments in support. BACKGROUND 2. Section 617 of the Communications Act of 1934, as amended, provides a local franchising authority ("LFA") with 120 days to act upon a request for approval of a sale or transfer of the cable television franchise, provided that the franchise itself requires such approval. If the LFA fails to render a final decision in that time period, the request is deemed granted unless the requesting party and the LFA agree to an extension of time. Section 76.502(a) of the Commission's rules states that the LFA shall have 120 days from the submission of Form 394, including exhibits, and any other information required by the franchise or applicable state or local law, to act upon the application for transfer of the franchise. ANALYSIS AND DISCUSSION 3. Charter contends that the exhibits required by Form 394 may constitute "enormous quantities of paper," and that the reproduction of these documents in a sizeable transaction is "overwhelming." Charter states that during a recent transfer of control, it produced over 700 sets of "voluminous exhibits" for paper delivery to LFAs, and contends that the vast majority of exhibits were not used by the LFAs in reaching a decision on the transfer. Charter suggests that the exhibits would be most useful to the LFAs if submitted in electronic form, and would also reduce waste of paper and time. Specifically, Charter requests that the Commission rule that an applicant for transfer may satisfy the requirements of Form 394 by filing a paper copy of the form with the LFA while posting the exhibits to the form on a web site. The applicant would instruct the LFA how to access the web site, and offer to make paper copies available to the LFA within 10 days of request. Charter requests that the Bureau rule that submission in this form will be sufficient to begin the running of the 120 day clock. 4. In support of its request, Charter states that its proposed filing process is consistent with Commission policies and rules. Charter states that the Commission has encouraged use of electronic filings, and that other Bureaus of the Commission permit electronic filing of FCC forms, although the Cable Services Bureau has yet to adopt such an initiative. Charter also states that the Commission's filing rule pertaining to pleadings and documents filed in Commission proceedings, Section 1.49(a) of the Commission's rules, specifically provides that exhibits are not governed by the ordinary rules specifying that certain filings must be provided on paper. 5. We grant Charter's request. We agree that Charter's remedy to a time consuming and resource intense exercise may be accomplished without compromise to the availability of information to the LFA in a timely fashion. We also agree with NCTA's conclusion that grant of Charter's request would evidence a common sense resolution to a potentially weighty burden on an applicant. We note that the Bureau did not receive any comments from any LFAs objecting to Charter's proposal. 6. To ensure access to the electronically posted exhibits by the LFA, Charter and other applicants who wish to file Form 394 in this manner must instruct the LFA how to access the pertinent web site contemporaneous with the filing of the paper Form 394. The web site must be compatible with Word, Wordperfect, Adobe Acrobat, and ASCII. In addition, applicants must provide the LFA with a direct telephone number and electronic mail address of the person responsible for providing paper copies of the exhibits. Said copies shall be in receipt of the LFA within 10 days of the LFA's request for paper copies. Submission of the Form 394 in this manner will be consistent with Section 76.502 of the Commission's rules. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Section 617 of the Communications Act of 1934, as amended, 47 U.S. C. Section 537, and Section 76.502 of the Commission's rules, 47 C.F.R. Section 76.502, that the request for declaratory ruling (CSR-5329) filed on behalf of Charter Communications, IS GRANTED. 8. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R. Section 0.321. FEDERAL COMMUNICATIONS COMMISSION Deborah A. Lathen Chief, Cable Services Bureau