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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of:               )
                                )
Charter Communications          )            CSR-5329
                                )
Request for Declaratory Ruling  )
FCC Form 394                    )
                                )


                    ORDER ON RECONSIDERATION

   Adopted:  March 18, 1999             Released:  March 18, 1999

By the Chief, Cable Services Bureau: 

                          INTRODUCTION

     1.     On February 16, l999, the Cable Services Bureau released an order, pursuant to a Request for
Declaratory Ruling filed by Charter Communications ("Charter").  Charter requested that the Commission
declare that exhibits to FCC Form 394 may be submitted in electronically readable format over the internet. 
Since issuance of that order, the Local and State Government Advisory Committee ("LSGAC") has informally
advised the Commission at a March 4, l999 meeting that the procedures approved in our order for electronic
filing of documents might produce unintended consequences relating to the timing and processes available for
reviewing franchise transfers.  Accordingly, we are reconsidering this matter on our own motion in order to
clarify our earlier decision.  
 
                           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.      Our order stated that submission of the Form 394 and required documents, with electronically
posted exhibits, will be sufficient to start the 120 day clock pursuant to 76.502.  In order to safeguard
franchising authorities choosing to receive hard copies of exhibits to the Form 394, we specified that if the
exhibits are not available to the LFA because of a lack of access to the applicant's web site, the submission
requirements of 76.502(a) will not be satisfied and the 120 period will not begin until receipt of the paper
copies of the exhibits by the LFA.  In this order, we clarify that the LFA may choose, for whatever reason,
to request paper copies of the exhibits, and that the 120 day clock will not begin until receipt of the paper
copies of the exhibits by the LFA.

                      ORDERING CLAUSES   
                                
     4. Accordingly, IT IS ORDERED on reconsideration, 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 order issued on February 16, l999, pursuant to a request for
declaratory ruling (CSR-5329) filed on behalf of Charter Communications, is amended, as indicated above. 

     5.     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