[Federal Register Volume 65, Number 46 (Wednesday, March 8, 2000)]
[Rules and Regulations]
[Pages 12135-12136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5410]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MM Docket No. 92-264; FCC 00-12]
Implementation of Section 11(c) of the Cable Television Consumer
Protection and Competition Act of 1992; Horizontal Ownership Limits
AGENCY: Federal Communications Commission.
ACTION: Final rule; reconsideration of stay.
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SUMMARY: This document announces that, on its own motion, the
Commission reconsiders the conditions under which it will lift its
voluntarily-imposed stay of the horizontal ownership rules, 47 CFR
76.503, adopted on October 8, 1999.
DATES: 47 CFR 76.503 (a) through (f) as revised and stayed at 64 FR
67198 (Dec. 1, 1999) continue to be stayed until the U.S. Court of
Appeals for the District of Columbia Circuit issues a decision
upholding the constitutionality of Section 613(f)(1)(A) of the Federal
Communications Act, as amended. The FCC will publish a document in the
Federal Register announcing the action of the Court and the date
affected parties must comply with the regulations.
FOR FURTHER INFORMATION CONTACT: Darryl Cooper at (202) 418-7200 or
via Internet at [email protected].
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order
on Reconsideration (Order) in MM Docket No. 92-264; FCC 00-12, adopted
January 12, 2000, and released January 19, 2000. The complete text of
this Order is available for inspection and copying during normal
business hours in the FCC Reference Center, 445 12th Street, SW,
Washington, DC 20554, or
[[Page 12136]]
may be purchased from the Commission's copy contractor, International
Transcription Service (``ITS''), (202) 857-3800, 1231 20th Street, NW,
Washington, DC 20036, or may be reviewed via Internet at http://
www.fcc.gov/csb/. For copies in alternative formats such as Braille,
audio cassette or large print, please contact Sheila Ray at ITS.
Synopsis of Order on Reconsideration
1. On its own motion, the Commission reconsiders the conditions
under which it will lift its voluntarily-imposed stay of the horizontal
ownership rules, 47 CFR 76.503. These rules were adopted and stayed in
part on October 8, 1999 at 64 FR 67198 (Dec. 1, 1999).
2. In the Second Order on Reconsideration in this proceeding, the
Commission continued its stay of the effective date of the horizontal
ownership rules pending a decision by the U.S. Court of Appeals for the
District of Columbia Circuit on challenges to the horizontal ownership
rules and Section 613(f)(1)(A) of the Communications Act, as amended,
47 U.S.C. 533(f)(1)(A). The Commission decided that parties exceeding
the horizontal limit must come into compliance with the rules within 60
days of a judicial decision upholding the rules and the statute.
3. The statute was challenged in the U.S. District Court, and the
rules were challenged in the U.S. Court of Appeals for the District of
Columbia Circuit. In 1993, the district court held the statute
unconstitutional. The district court also decided that, because ``there
is substantial ground for difference of opinion'' as to the
constitutionality of the underlying statute, it would stay its
proceedings and the issuance of any relief to the plaintiffs pending
appeal. In August 1996, the D.C. Circuit Court consolidated the appeal
of the district court decision and the D.C. Circuit Court challenge.
The D.C. Circuit Court held the consolidated proceedings in abeyance
pending the Commission's decision on the petitions for reconsideration
of the rules. Once the Commission issued the Second Order on
Reconsideration, the D.C. Circuit Court lifted its stay on its
consideration of the consolidated proceedings. The appeal is currently
pending.
4. In the Third Report and Order in this proceeding, the Commission
again declined to lift its stay of the horizontal ownership rules. In
fact, the Commission, on its own motion, held that the horizontal
ownership rules will become effective immediately upon the issuance of
a decision upholding the rules and the statute, and that affected
parties must come into compliance within 180 days after the court
issues its mandate. The Commission reasoned that 180 days, rather than
60 days, was a more reasonable amount of time for affected parties to
dispose of property necessary to come into compliance with the rules.
5. On November 2, 1999, the D.C. Circuit issued an order
deconsolidating the challenge to the rules and the statute. The court
allowed the challenge to the statute to proceed, but held the challenge
to the rules in abeyance.
6. The Commission originally stayed its rules in deference to the
district court's decision and to give the D.C. Circuit Court an
opportunity to review that decision. Now that the challenge to the
rules has been separated from the challenge to statute, it is no longer
necessary to maintain the stay while the challenge to the rules remains
in abeyance or otherwise under consideration by the court. Instead, the
Commission holds that the horizontal ownership rules will become
effective upon the issuance of a decision upholding the statute.
Affected parties must come into compliance with the rules within 180
days following the issuance of that decision.
7. The Commission has decided to use the date on which the court
decision issues, not the date on which the mandate issues, as the
triggering event for affected parties to come into compliance with the
rules. Thus, affected parties are expected to come into compliance with
these rules within 180 days after the issuance of a court decision
upholding the statute. The Commission finds that requiring affected
parties to come into compliance with its rules within 180 after the
issuance of a court decision provides more certainty to the public and
affected parties. There is potentially a wide variance between the date
a decision issues and the date the mandate issues. The Commission finds
that the issuance date of the court decision is a superior benchmark
for lifting the stay and requiring parties to come into compliance with
the rules.
8. Accordingly, it is Ordered that the Commission's horizontal
ownership rules are stayed until the U.S. Court of Appeals for the D.C.
Circuit issues a decision upholding the constitutionality of Section
613(f)(1)(A) of the Act, as amended, 47 U.S.C. 533(f)(1)(A). Parties
not in compliance with the rules on the date the U.S. Court of Appeals
for the D.C. Circuit issues such a decision must come into compliance
within 180 days.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-5410 Filed 3-7-00; 8:45 am]
BILLING CODE 6712-01-P