Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | CSR-5533                     |
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| Time Warner Cable                | ) |                              |
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| Petition for Special Relief      | * |                              |
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ORDER

**Adopted: August 11, 2000** **Released: August 18, 2000**

By the Chief, Cable Services Bureau:

# Introduction

1.  We have before us a Petition for Special Relief ("Petition") filed
    pursuant to Section 76.7(a)(1) of the Commission's Rules[^1] by Time
    Warner Cable ("TWC") requesting that it be allowed to file a single
    Form 320 for each system, identifying the community units served by
    the system. In so doing TWC would be relieved of the requirement to
    file a Basic Signal Leakage Report, Form 320, for each and every
    community unit served by a cable system, thus reducing the number of
    Forms 320 it is required to file annually. We grant the relief
    requested.

# Background

2.  Protecting the aeronautical frequencies[^2] from harmful
    interference is of paramount importance to the Commission.[^3] In
    order to enable cable systems maximum frequency use, however, the
    Commission's Rules allow for a careful balance of minimal signal
    leakage, channel frequency offset, and annual assessment of the
    cable system's electromagnetic interference potential as viewed from
    the airspace over it.[^4] To this end, the Commission established
    basic signal leakage and aeronautical frequency usage standards for
    all systems. An important component of these rules is the basic
    signal leakage performance criteria or Cumulative Leakage Index
    ("CLI") for each system. We not only require a CLI report as a
    prerequisite for operation on aeronautical frequencies, but we also
    require annual measurement of each system's CLI to demonstrate a
    minimum level of interference potential in the airspace above the
    cable plant.[^5] The results of the measurement are reported to us
    by Form 320[^6] for each community unit.

# Discussion

3.  The basic administrative unit for cable systems is the system
    community unit, which is assigned a Community Unit Identifier
    ("CUID").[^7] The Commission also uses "physical system" as a
    classification to facilitate some processes.[^8] It recognizes that
    physical plant is organized into discrete components that serve
    multiple community units. We assign each physical system a separate
    identification number ("PSID"). A physical system is generally
    identical to the system as defined in Section 76.5(a) of the
    Rules.[^9] It is often defined as the cable strand associated with a
    headend.[^10] As pointed out by TWC, although CLI is measured or
    calculated for a physical system, the operator must file a separate
    Form 320 for each CUID, but it need only file the measurement
    exhibits for the lead community.[^11]

4.  TWC states that it files approximately 5,000 Forms 320 per year at
    an estimated cost of \$2 million.[^12] It further states that,
    increasingly, it is filing these Forms for fewer physical systems as
    it collapses headends.[^13] TWC suggests that it can reduce the
    number of Forms 320 it files to 500 should we grant the relief
    requested.[^14] TWC also suggests that a significant reduction in
    cost to the Commission would result as well.[^15]

5.  TWC proposes to file a complete Form 320, including all required
    Exhibits,[^16] for each separate cable system operated by it. This
    Form 320 would have attached an additional exhibit--"Exhibit
    1"--instead of Items 2 and 3 of Section 1 of the form. Exhibit 1
    would give the lead community for the PSID and list by community
    name and CUID every community served by the system. Exhibit 1 would
    also include a statement verifying that the leakage measurements
    filed with the comprehensive Form 320 cover all communities of the
    system.

6.  There is some ambiguity, perhaps unintentional, in the Petition
    concerning for which cable systems a comprehensive Form 320 will be
    filed. In the introductory paragraphs the Petition refers to
    "multi-community 'cable system', as defined in Section 76.5(a) of
    the Commission's Rules."[^17] Later, in the proposal the Petition
    suggests filing a Form 320 "for each separate 'cable system'
    operated by TWC."[^18] The discussion then mentions "collapsing
    headends and eliminating separate 'physical systems' as identified
    by PSID.[^19] This is particularly significant as TWC speaks of the
    elimination of headends resulting in systems that serve 50 to 100
    distinct community units.[^20] When calculating CLI, it is
    imperative to combine distinct cable service areas that are
    contiguous and served from the same signal generation equipment. The
    signals on these systems have the same frequency and phase. Leaks
    from each of these areas will have an additive effect on the CLI.
    Generally, the CUIDs associated with a PSID meet this criterion. On
    the other hand, there can be a cable system serving a group of areas
    that meets the definition of a system as defined by Section 76.5,
    but that transmits services to subscribers such that each area
    transmits to subscribers signals with different frequencies and
    phases form those used in the other areas. From a technical
    perspective, these systems should treat each area of the system as a
    discrete interference facility. Therefore, to protect the integrity
    of the basic signal leakage criteria in assuring safety of air
    traffic, we may find it necessary to retain separate areas for CLI
    calculations.[^21]

# Conclusion

7.  We agree that, with the implementation of the Commission's new
    software, our data processing facilities have sufficiently evolved
    to accommodate the request of TWC.[^22] The resource savings for
    both TWC and the Commission are certainly worthwhile. We also expect
    that there will be no adverse impact on air safety. Nevertheless,
    the grant will be made on condition that no intolerable negative
    effect on air safety ensues. We will, therefore, grant the Petition
    with two clarifications. First, TWC will file a Form 320 for each an
    every PSID assigned by the Commission. Second, the verification
    statement in Exhibit 1 must be signed separately in Exhibit 1. The
    Exhibit 1 then will include the PSID number, a table with the CUIDs
    served in one column (sorted alphanumerically) and the community
    served by each CUID in the same row in the adjacent column, and a
    signed statement verifying that all communities listed are included
    in the comprehensive CLI calculation.

# Ordering Clauses

8.  Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 76.7(i)
    of the Commission\'s Rules, 47 C.F.R. §§0.321 and 76.7(i), that the
    relief requested by Time Warner Cable IS GRANTED to the extent
    indicated above and SUBJECT TO RECONSIDERATION should an adverse
    impact on air safety result from the grant.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Deborah A. Lathen
>
> Chief, Cable Services Bureau

[^1]: 47 C.F.R. §76.6(a)(i).

[^2]: The aeronautical bands are 108-137 MHz and 225-400 MHz. These
    frequencies encompass both radionavigation frequencies, 108--118 MHZ
    and 328.6--335.4MHz, and communications frequencies, 118--137 MHz
    and 225--328.6 MHz and 335.4--400 MHz. Deserving particular
    protection are the international distress and calling frequencies
    121.5 MHz, 156.8 MHz, and 243 MHz. *See* 47 C.F.R. §76.616. These
    frequencies are critical for Search and Resue Operations including
    use by Emergency Locator Transmitters (ELT) on planes and Emergency
    Position Indicating Radio Beacons (EPIRB) on boats. *See generally*
    47 C.F.R. Part 80, Subpart V and 47 C.F.R. §§87.193--87.199.

[^3]: Harmful Interference includes any interference that "endangers the
    functioning of a radionavigation service or of other safety
    services." *See* 47 C.F.R. §§2.1 & 76.613(a).

[^4]: *See* Memorandum Opinion and Order, Amendment of Part 76 of the
    Commission's Rules to Add Frequency Channelling Requirements and
    restrictions and to require Monitoring for Signal Leakage from Cable
    Television Systems, Docket No. 21006, 101 F.C.C.2d 117 (1985).

[^5]: 47 C.F.R. 76.611(a).

[^6]: 47 C.F.R. §76.615(a).

[^7]: *See* 47 C.F.R. §76.12.

[^8]: *See, e.g.*, 47 C.F.R. §§76.605(a)(11) & 76.610‑76.617.

[^9]: 47 C.F.R. §

[^10]: We also treat, for certain CLI testing purposes, as a single
    system multiple coaxial cable strands that are not mechanically
    connected to, but technically integrated with a common headend; for
    example, those connected by microwave link. *See* 47 C.F.R.
    §§76.5(kk), 76.601(c)(1), & 76.901(c).

[^11]: Petition, at 4.

[^12]: Petition, at 4--5.

[^13]: Petition, at 5.

[^14]: *Id*.

[^15]: Petition at 6 & n.8.

[^16]: A and B or C.

[^17]: Petition, at 1.

[^18]: Petition, at 5.

[^19]: *Id*.

[^20]: Petition, n. 9.

[^21]: For example, when a cable system uses fiber optic cable as a
    trunk to provide signals to hubs. These hubs may serve subscribers
    with signals that are technically discrete such as having different
    frequency or phase.

[^22]: Petition, n. 12.