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Ham Radio CD-ROM (Emerald Software) (1995).ISO
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fcc954
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fcc954.txt
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1989-06-09
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FCC954.RAO Report No. DC-1418 May 22, 1989 291 Words
ACTION IN DOCKET CASE
SIGNAL CARRIAGE RULES ELIMINATED
(MM DOCKET 85-349 & GEN. DOCKET 87-107)
The FCC has eliminated the mandatory TV broadcast signal carriage rules for
cable systems (CATV), lifted the stay of the input selector switch offer and
consumer education requirements and revised the date by which cable systems
must comply with those requirements.
On December 11, 1987, the U.S. Court of Appeals invalidated the FCC's
interim mandatory TV broadcast signal carriage rules for CATV systems in
CENTURY COMMUNICATIONS. It was unclear, however, whether the court's ruling
extended beyond the interim must-carry obligations to include the input
selector switch and consumer education requirements imposed by Section 76.66
of the rules. Therefore, the FCC, on December 23, 1987, filed a motion for
clarification with the court. In conjunction with this filing, the FCC
stayed the compliance dates for Section 76.66 of the rules pending
clarification by the court.
On January 29, 1988, the court said that the CENTURY decision did not
invalidate the input selector switch and consumer education requirements and
instructed the FCC, on remand, to make appropriate adjustments to its rules
in light of the invalidation of the interim must-carry rules.
Therefore, the FCC deleted the interim must-carry provisions from the rules
and modified the input selector switch offer and consumer education
requirements to delete any reference to must-carry obligations. In
reimplementing the switch offer and education requirements but with a
reasonable delay in the compliance date to allow cable operators to prepare
and dist5r4ibute notices to subscribers in a regular cycle of their billing
system. The new date is November 1, 1989.
Action by the Commission May 18, 1989, by Order (FCC 89-162).
Commissioners Patrick (Chairman) and Dennis, with Quello dissenting and
issuing a statement.
Mass Media Contact: Scott Roberts at (202) 632-6302.
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