Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | CSR-5608                     |
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| Charter Communications           | ) |                              |
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| Petition for Special Relief      | * |                              |
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| Annual FCC Form 320 for All      | * |                              |
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| Served by a Common Cable System  | * |                              |
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ORDER

**Adopted: July 24, 2001** **Released: July 26, 2001**

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
    Charter Communications, Inc. ("Charter") requesting that it be
    allowed to file a single Form 320 for each of its physical systems,
    identifying the community units served by the system. In so doing
    Charter 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. Charter asserts that the relief it
    requests is the very same as the Commission granted in *In re Time
    Warner Cable*, DA 00-1880, 2000 WL 1166248 (F.C.C.) (2000). 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 cable systems to use the aeronautical
    frequencies so long as they satisfy signal leakage and channel
    frequency offset standards.[^4] An important component of these
    standards 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 for each community unit.[^6]

# 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] Physical plant may
    be organized into discrete components that serve multiple community
    units. We assign each physical system a separate identification
    number ("PSID"). A physical system generally is 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] Although
    CLI is measured or calculated for a physical system, the operator
    must file a separate Form 320 for each CUID. Operators, however,
    need only file the measurement exhibits for the lead community.

4.  Charter states that it filed approximately 4,000 Forms 320 in
    1999.[^11] It estimates that, because of acquisitions, it would be
    required to file 5417 Forms 320.[^12] It further states that,
    increasingly, it is filing these Forms for fewer physical systems as
    it collapses headends.[^13] Charter suggests that it can reduce the
    number of Forms 320 it files to approximately 765 if we grant the
    relief requested.[^14] Charter asserts that this would generate a
    significant savings for itself and suggests that a significant
    reduction in cost to the Commission would result as well.[^15]

5.  Charter expresses its intent to be consistent with our requirements
    in *Time Warner Cable.* Charter, however, omitted from its proposal,
    probably inadvertently, identification of the lead community. This
    information must also be included in its submission.

# Conclusion

6.  We find that Charter presents essentially the same circumstances
    under which we granted relief to Time Warner Cable. Charter proposes
    to meet the same requirements as imposed on Time Warner. The
    resource savings for both Charter and the Commission will be
    substantial. 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.

7.  We will grant, therefore, the Petition subject to the following
    conditions. Charter may file a consolidated Form 320, including all
    required Exhibits, for each of its PSIDs assigned by the Commission
    instead of individual Forms 320 for each CUID.[^16] This Form 320
    must be for the lead community and must have attached an additional
    exhibit---"Exhibit 1"---which will list the PSID and the lead
    community name and its associated CUID. Exhibit 1 also will contain
    a table with the CUIDs served in one column (sorted
    alphanumerically), the community served by each CUID in the same row
    in the adjacent column, and an identification of the legal name used
    by the operator in that community. Exhibit 1 will further include a
    separately signed statement verifying that all communities listed
    are included in the comprehensive CLI calculation. To avoid
    confusion, the consolidated Form 320 will be accepted for filing
    only if all CUIDs on Exhibit 1 have the same PSID in current
    Commission records. Any change in PSIDs will require a separate
    filing, as required by Section 76.1610 of the Commission's
    Rules,[^17] before filing of these Forms 320. A sample Exhibit 1 is
    attached to this order.

# 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 Charter Communications, Inc. IS GRANTED to the
    extent indicated above.

> FEDERAL COMMUNICATIONS COMMISSION
>
> W. Kenneth Ferree
>
> Chief, Cable Services Bureau

Sample Exhibit 1

**PSID:** 912345

**Lead Community:** PA9004

**Legal Names:** 1-ABC Cable TV, Inc.

2-XYZ Cable TV, Inc.

3-ABCXYZ Cable TV, Inc.

  --------- ---------- ---------------- --------- -- --------- ---------- ---------------- ---------
  **No.**   **CUID**   **Community      **Legal      **No.**   **CUID**   **Community      **Legal
                       Name**           Name**                            Name**           Name**

  1         NY0124     City A           1            25        PA9004     Township G       1

  2         NY0125     Town C           1            26        PA9006     Town B           1

  3         NY0126     City B           1            27        PA9007     Village C        1

  4         NY0129     Village A        1            28        PA9010     Township B       2

  5         NY0130     City D           1            29        PA9011     City H           2

  6         NY0132     Township D       1            30        PA9012     City I           2

  7         NY0133     Town P           3            31        PA9013     City Z           3

  8         NY0134     City Q           3            32        PA9014     Town E           3

  9         NY0135     City C           3            33        PA9022     Town G           3

  10        NY0136     City F           3            34        PA9023     City P           3

  11        NY0140     Village B        3            35        PA9024     City K           3

  12        NY0141     Township A       2            36        WV0034     Village R        3

  13        NY0142     City R           2            37        WV0035     Village S        3

  14        NY0143     City E           2            38        WV0036     City J           3

  15        NY0144     City G           3            39        WV0037     City L           3

  16        NY0145     Town A           3            40        WV0038     City N           3

  17        NY0146     Village D        3            41        WV0039     Township Q       3

  18        NY0147     City J           3            42        WV0042     Town D           3

  19        NY0148     City M           3            43        WV0044     City S           3

  20        NY0149     Town D           3            44        WV0045     City U           3

  21        NY0150     Town P           1            45        WV0046     Village Z        3

  22        PA9001     Town Q           1            46        WV0047     Hamlet A         3

  23        PA9002     Village M        1            47        WV0049     City O           3

  24        PA9003     Village Q        1            48        WV0050     Town M           3
  --------- ---------- ---------------- --------- -- --------- ---------- ---------------- ---------

I certify that all communities listed are included in the comprehensive
CLI calculation.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Name)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Title)

[^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. These bands include 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 and are used 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 is 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* 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, 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. § 76.5(a).

[^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 2.

[^12]: Petition, at 3.

[^13]: *Id*.

[^14]: *Id*.

[^15]: Petition, at 1-2.

[^16]: Charter acknowledges the importance, as expressed by us in *Time
    Warner Cable*, when calculating CLI that "it must 'combine distinct
    cable service areas that are contiguous and served by the the same
    generation equipment.'" Petition, at n. 4.

[^17]: 47 C.F.R. § 76.1610.