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:  August 17, 1999       Released:  August 20, 1999

By the Chief, Cable Services Bureau: 

     1.    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 a 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, which is the rule provision implementing
Section 617, states that the 120 day time period shall commence with the submission of FCC Form 394 to
the LFA.

     2.    In the captioned proceeding, Charter Communications requested that the Commission
declare that exhibits to FCC Form 394 may be submitted in electronically readable format over the internet. 
In an order released on February 16, 1999, the Cable Services Bureau granted this request.  The Bureau
concluded that the time consuming and resource intense exercise of providing paper copies of the exhibits
could be remedied by allowing exhibits to be posted on the internet, with procedural safeguards to guarantee
access to the exhibits by local franchising authorities.  On March 18, l999, an order on reconsideration was
released by the Bureau, clarifying its earlier decision.  On reconsideration, the Bureau extended the
safeguards available to local franchising authorities in order to ensure access to the exhibits.  On April 20,
l999, the National Association of Telecommunications Officers and Advisors (NATOA), filed a petition for
reconsideration of the Bureau's March 18, l999 order, pursuant to Sections 1.106(a)(1) and 1.106(j) of the
Commission's rules. 

     3.   Section 405 of the Communications Act of 1934, as amended, which governs the filing of
reconsideration petitions, states that a petition for reconsideration "must be filed within thirty days from the
date upon which public notice is given of the order . . . complained of."  
     S    ection 1.106(f) of the Commission's rules requires that petitions for reconsideration be filed
within 30 days from the date of public notice of the final 
               Commission action, as that date is defined in Section 1.4(b) of the Commission's
rules, and shall be served upon parties to 
               the proceeding.  NATOA's petition did not comply with Section 405 of the Act or
Section 1.106(f) of the Commission's rules, as NATOA failed to file its petition for reconsideration within
30 days of the Bureau's March 18, l999 order.  In addition, NATOA failed to comply with the service
requirement of Section l.l06(f) of the rules, as it did not serve the parties to the proceeding with copies of
its petition.  NATOA provides no explanation for its lack of compliance with the statute or the Commission's
rules.

     4.   Accordingly, IT IS ORDERED, pursuant to Section 405 of the Communications Act of
1934, as amended, 47 U.S.C. Section 405, and Section 1.106 of the Commission's rules, 47 C.F.R. Section
1.106, that the petition for reconsideration filed on April 20, l999 by the National Association of
Telecommunications Officers and Advisors (CSR-5329) IS DISMISSED. 

     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