FCC Reports, Second Series, Volume 104, Number 2, Pages 375 to 719, August 1986 Page: 387
ix, 375-719 p. ; 23 cm.View a full description of this report.
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Amendment of Parts 1, 63, and 76
2) the definition of "cable system." Also before the Commission
are comments filed in response to its Order Reopening the Period
for Filing Comments in MM Docket No. 84-1296 (Order), 50 FR
38016. This Order was issued to provide interested parties an
opportunity to comment on the impact of the U.S. Court of
Appeals decision in Qunicy Cable TV, Inc. v. FCC (Qunicy) on the
definition of "basic cable service" adopted in the Report and
Order.'
2. By this Memorandum Opinion and Order, we are denying the
Petitions for Partial Reconsideration of the Report and Order. We
are also adopting a revised definition of "basic cable service" that
eliminates references to the must carry rules.
Discussion
3. On October 30, 1984, the Cable Communications Policy Act
of 1984 was signed into law.2 This legislation amends the
Communications Act of 1934 by adding a new Title VI, entitled
"Cable Communications." The intent of the Cable Act is to
establish a national policy that encourages the growth and
development of cable television services and assures that cable
systems are responsive to the needs and interests of the local
communities they serve.3 In the Report and Order, the Commis-
sion amended its rules in order to comply with several provisions
of the Cable Act.
4. Petitions for Partial Reconsideration were filed by Miami
Cablevision (Miami CATV), the National Association of Broad-
casters (NAB), and the Association of Maximum Service Telecast-
ers (MST). Miami CATV seeks reconsideration of the Commis-
sion's decision to delete the franchise fee standards from the
rules and its related refusal to reinstate petitions concerning
franchise fee disputes that were pending prior to the effective
date of the Cable Act. The NAB and MST each request that the
Commission revise the definition of a "cable system" adopted in
the Report and Order. As indicated in the Order, we also believe it
necessary to consider modifications to the definition of "basic
cable service" adopted in the Report and Order to reflect the
1 In the Quincy decision, the Court ruled that the Commission's mandatory
signal carriage ("must carry") rules for cable television systems are invalid
under the Constitution of the United States. See Quincy Cable TV, Inc. v. FCC,
768 F.2d 1434 (D.C. Cir. 1985).
2 Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 1 et seq., 98
Stat. 2779 (1984).
3 See House Committee on Energy and Commerce, H.R. Rep. No. 934, 98th
Cong., 2nd Sess. (1984) (hereinafter House Report).104 F.C.C. 2d
387
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United States. Federal Communications Commission. FCC Reports, Second Series, Volume 104, Number 2, Pages 375 to 719, August 1986, report, 1986-08~; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc306573/m1/25/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.