Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of :               | * | CS Docket No. 98-132         |
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SECOND REPORT AND ORDER

**Adopted: October 22, 2001** **Released: October 31, 2001**

By the Commission:

# INTRODUCTiON

1.  In this Second Report and Order (\"*Second Order*\"), the Commission
    addresses portions of Part 76 of the cable television rules
    pertaining to the public file, notice, recordkeeping, and reporting
    requirements. First, we reinstate, as a final rule, Section
    76.1700(a), which was vacated in the *1998 Biennial Regulatory
    Review \-- Streamlining of Cable Television Services Part 76 Public
    File and Notice Requirements, Order on Reconsideration and Further
    Notice of Proposed Rulemaking* ("*Further NPRM")*.[^1] Second, the
    Commission clarifies certain provisions in the Part 76 rules in
    order to more clearly set forth the compliance requirements and
    regulatory process for cable operators, franchising authorities, and
    the public. Finally, we make non-substantive rule changes to correct
    errors in the publication of Part 76 of the Commission's rules. With
    this action, we complete the Commission's biennial review of the
    public file and notice requirements applicable to cable operators
    under Part 76 of the Commission's rules.

# Background

2.  The Part 76 cable television rules contained numerous public file,
    notice, recordkeeping, and reporting requirements scattered
    throughout Part 76. In connection with the *1998 Biennial Regulatory
    Review \-- Streamlining of Cable Television Services Part 76 Public
    File and Notice Requirements,* Report and Order ("*Report and
    Order*"), the Commission revised and streamlined the public file and
    notice requirements set forth in the Commission's Part 76 cable
    television rules.[^2] The reorganization created three new subparts
    in Part 76 \-- subparts T, U, and V. Subpart T contains notice
    requirements, subpart U contains recordkeeping requirements, and
    subpart V contains reporting and filing requirements. The *Report
    and Order* reduced the regulatory burden faced by cable operators
    with regard to public file requirements by (1) providing cable
    operators with an alternative to maintaining a paper public
    file; (2) eliminating outdated public file requirements; and (3)
    expanding the definition of small cable systems for purposes of the
    public inspection rules. The reorganization and streamlining of the
    Part 76 rules was intended to create simpler and more uniform
    requirements to reduce confusion and improve the regulatory process.

# recordkeeping requirements 

3.  The *Report and Order* was adopted as part of the Commission's
    biennial review process, which is used to repeal or modify any
    regulation determined to be no longer in the public interest.[^3]
    However, the Notice of Proposed Rulemaking in this proceeding
    inadvertently was not published in the Federal Register.
    Nonetheless, because most of the rules adopted in the *Report and
    Order* were procedural in nature, they fell within the purview of
    the prior notice exemption contained in Section 1.412(b)(5) of the
    Commission's rules.[^4] One rule adopted in the *Report and Order*
    however, Section 76.1700(a), was determined to alter the substantive
    public file requirements for a subset of cable operators and to be
    subject to the prior public notice requirement.[^5] Thus, the
    Commission vacated Section 76.1700(a) in the *Further NPRM* and gave
    notice of, and sought comment on, the Commission's intent to
    reinstate the rule.[^6] Vacated Section 76.1700(a) was published
    subsequently in the Federal Register as an "interim rule," and
    interested parties were afforded an opportunity to comment upon
    it.[^7] No comments were filed.

4.  In this proceeding, we adopt Section 76.1700(a) as a final rule.
    Prior to the *Report and Order*, Section 76.305(a) provided an
    exemption from certain recordkeeping requirements for cable
    operators with fewer than 1000 subscribers.[^8] In the *Report and
    Order*, the Commission redesignated the rule as new rule Section
    76.1700(a), maintained the exemption, and added a limited exemption
    for cable operators with 1000 or more subscribers, but fewer than
    5000 subscribers.[^9] New Section 76.1700(a) provides as follows:

> **§76.1700 Records to be maintained by cable system operators**.
>
> \(a\) *Recordkeeping requirements.* The operator of every cable
> television system having fewer than 1,000 subscribers is exempt from
> the public inspection requirements contained in § 76.1701 (political
> file); §76.1715 (sponsorship identification); §76.1702 (EEO records
> available for public inspection); §76.1703 (commercial records for
> children\'s programming); §76.1704 (proof-of-performance test data);
> and §76.1706 (signal leakage logs and repair records). The operator of
> every cable television system having 1000 or more subscribers but
> fewer than 5000 subscribers shall, upon request, provide the
> information required by §76.1715 (sponsorship identification);
> §76.1702 (EEO records available for public inspection); §76.1703
> (commercial records for children\'s programming); §76.1704
> (proof-of-performance test data); and §76.1706 (signal leakage logs
> and repair records) but shall maintain for public inspection a file
> containing a copy of all records required to be kept by §76.1701
> (political file). The operator of every cable television system having
> 5000 or more subscribers shall maintain for public inspection a file
> containing a copy of all records which are required to be kept by
> §76.1701 (political file); §76.1715 (sponsorship identification);
> §76.1702 (EEO records available for public inspection); §76.1703
> (commercial records for children\'s programming); §76.1704
> (proof-of-performance test data); and §76.1706 (signal leakage logs
> and repair records).

We reaffirm our conclusion in the *Report and Order* that relieving
certain recordkeeping requirements applicable to small systems serving
1000 or more, but fewer than 5000, subscribers strikes an appropriate
balance amongst competing interests.

# Part 76 rule clarification

5.  We now consider on our own motion, specific rules adopted in Part 76
    relating to the public file, notice, recordkeeping, and reporting
    requirements requiring clarification.

6.  **Section 76.1700(a).** Section 76.1700(a), entitled, "Records To Be
    Maintained Locally By Cable System Operators," provides, in part,
    that cable operators having 1000 or more subscribers but fewer than
    5000 subscribers shall, upon request, make public file information
    available. This provision gives such operators an alternative to
    maintaining paper files and increases flexibility in complying with
    the public file maintenance requirements and responding to
    information requests. Since operators meeting this particular
    subscriber requirement must produce public file information only
    upon request, records need not be maintained at a particular local
    site, provided they are made promptly available once a request is
    received.[^10] Therefore, we clarify the title of Section 76.1700 to
    be more consistent with this particular aspect of the rule. We
    delete the word "locally" from the title to more accurately depict
    the fact that records need not be maintained locally where the cable
    system operator meets the specified subscriber limits, so long as
    the information can be made available "upon request;" access should
    not be delayed. Although the title of the rule section changes, with
    regard to those cable operators that have 5000 or more subscribers
    and that are required to maintain a public inspection file, we
    reiterate that documents required to be included in the public
    inspection file must be available, readily accessible and sited
    locally.

7.  In the *Report and Order*, we concluded that the Commission would
    maintain the exemption for small systems serving fewer than 1000
    subscribers from the recordkeeping requirements contained in former
    Section 76.305(a), which is redesignated as Section 76.1700(a).[^11]
    Therefore, we clarify that Section 76.1700(a) totally exempts
    systems serving fewer than 1000 subscribers from the Commission's
    recordkeeping requirements contained in §§ 76.1701 (political file);
    76.1715 (sponsorship identification); 76.1702 (equal employment
    opportunity); 76.1703 (commercial records for children's
    programming); 76.1704 (proof-of-performance tests data); and 76.1706
    (signal leakage logs and repair records). These records do not need
    to be maintained or produced by systems meeting the subscriber
    limitation.

8.  **Section 76.1705.** Section 76.1705 provides that each cable system
    is required to maintain at its local office a current listing of the
    cable television channels that the system delivers to its
    subscribers. Although the rule states that channel listing
    information should be maintained, no mention is made of exactly
    where such lists should be located at the local office. In
    implementing this provision, the Commission stated that such
    information would be useful to consumers.[^12] To the extent
    necessary, we clarify that the operator of each cable television
    system subject to the public file requirements of Section 76.1700(a)
    shall maintain as part of its public inspection file a current list
    of the cable television channels that the system delivers to its
    subscribers. Cable operators that are exempt from the public file
    requirement shall maintain the channel lineup information in a
    location that is readily accessible by the general public.

9.  **Section 76.1715.** Section 76.1715 requires that whenever
    sponsorship announcements are omitted, the cable system operator
    must maintain for public inspection a file listing the name,
    address, and telephone number of the advertiser of the commercial
    announcement. The length of time that such information should be
    retained is not provided. However, pursuant to Section 73.1212, a
    similar collection of information from broadcast stations is
    required whenever sponsorship announcements are omitted.[^13] In the
    broadcast context such advertiser information must be retained for a
    period of two years from the date of broadcast. We interpret Section
    76.1715 in this *Second Order* to operate consistently with Section
    73.1212. Provided that it retains the required advertiser
    information for a period of at least two years after the airing of
    the commercial announcement, a cable operator will be in compliance
    with the record retention requirement of Section 76.1715. This
    interpretation will ensure that operators have notice of their
    responsibilities regarding sponsorship announcement recordkeeping
    while accommodating the public by ensuring access to such
    information for an adequate period of time.

# miscellaneous corrections

10. In the *Report and Order,* Section 76.305 was redesignated as 47
    C.F.R. § 76.1700.[^14] However, Section 76.305 remained in the
    Federal Register publication of the Commission's rules. To address
    this issue, Section 76.305 is eliminated.

11. In the *Report and Order* the Commission created new rule Section
    76.1711 to replace Section 76.305(a)(1).[^15] Section 76.1711
    concerns records regarding the test and activation of Emergency
    Alert System procedures. As discussed, when Section 76.305 was
    redesignated as 76.1700, former Section 76.305(a)(1) was
    redesignated as 76.1700(a)(1). Whereas Section 76.1700(a)(1) should
    have been eliminated because it duplicates Section 76.1711, it was
    not, due to an inadvertent error. We hereby delete Section
    76.1700(a)(1).

12. In the most recent Code of Federal Regulations there are two
    separate versions of Sections 76.1702 and 76.1802. As a result of an
    inadvertent error, the older version of each rule was not deleted.
    For each rule, the version that is printed first represents the
    proper Section 76.1702 and Section 76.1802. We hereby remove the
    second printed version of Sections 76.1702 and 76.1802.

13. Section 76.1510 of the Commission's rules applies certain Part 76
    rules to open video systems. The rule, in part, states that the
    Equal Employment Opportunity ("EEO") Requirements shall apply to
    open video systems and specifically cites the Commission's cable EEO
    rule provisions that are applicable, including §§ 76.71, 76.73,
    76.75, 76.77, and 76.79. As discussed, to better enable cable
    operators to comply with the Part 76 public file requirements, the
    Commission reorganized the requirements into three new subparts.
    Subpart U contains the recordkeeping requirements.[^16] The
    Commission's cable EEO public file rules are contained in Sections
    76.1702 and 76.1802. Because of the recent change in the
    Commission's rules, and inadvertent error, there is no reference in
    Section 76.1510 to the Section 76.1702 and 76.1802 EEO provisions.
    To ensure that open video systems are subject to the EEO public file
    rules, we modify Section 76.1510 of our rules by referencing
    Sections 76.1702 and 76.1802 as rule requirements within Part 76,
    which shall apply to open video systems.[^17]

14. Cable operators are prohibited from scrambling or encrypting signals
    carried on the basic tier; however, waivers of this prohibition may
    be requested. Section 76.630(a) provides that cable operators are
    required to inform subscribers by mail of any such waiver request
    within 30 days from the date the request is filed with the
    Commission. The operator is required to include a brief summary of
    the request, and indicate to their subscribers that a copy of the
    request for waiver is on file for public inspection at the cable
    operator's local place of business.[^18] To ensure that cable
    operators and the public are aware of the public file requirements
    of Section 76.630, an additional Note is added to the end of the
    section, and reads as follows:

    NOTE 4 TO § 76.630: Cable operators must comply with the
    notification requirements pertaining to the waiver of the
    prohibition against scrambling and encryption, and must comply with
    the public file requirements in connection with such waiver.

15. Section 76.309 removed provisions in (c)(3)(i) and (c)(3)(ii)
    governing notification with regard to subscriber services, rate and
    service changes, and subscriber billing information. These
    notification provisions are relocated to Sections 76.1602, 76.1603,
    and 76.1619, respectively. To ensure that the public is aware of the
    existence and location of these notification requirements an
    additional Note is added to the end of Section 76.309 and reads as
    follows:

    NOTE 2 TO § 76.309: Section 76.1602 contains notification
    requirements for cable operators with regard to operator obligations
    to subscribers and general information to be provided to customers
    regarding service. Section 76.1603 contains subscriber notification
    requirements governing rate and service changes. Section 76.1619
    contains notification requirements for cable operators with regard
    to subscriber bill information and operator response procedures
    pertaining to bill disputes.

# Paperwork reduction act of 1995 analysis

16. This *Second Order* has been analyzed with respect to the Paperwork
    Act of 1995 and has been found to contain no new or modified
    information requirements on the public.

# ORDERING CLAUSES

17. Accordingly, **IT IS ORDERED**, pursuant to authority found in
    Sections 4(i) and 303(r) of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 154(i) and 303(r), that the public file rule
    provisions **ARE HEREBY AMENDED and CLARIFIED** as indicated in
    Appendix A.

18. **IT IS FURTHER ORDERED** that pursuant to authority found in
    Sections 4(i) and 303(r) of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 154(i) and 303(r), Section 76.1700(a) of the
    Commission's rules **IS ADOPTED** as a final rule.

19. **IT IS FURTHER ORDERED** that rule Section 76.1700(a), which has
    received OMB approval, and the amendments and rule corrections
    adopted herein, **SHALL BECOME EFFECTIVE** no sooner than thirty
    days after publication in the Federal Register. A Public Notice
    announcing the effective date of these regulations will be published
    in the Federal Register.

20. **IT IS FURTHER ORDERED** that the Commission's Consumer Information
    Bureau, Reference Information Center, shall send a copy of this
    *Second Report and Order*, including the Final Regulatory
    Flexibility Analysis set forth in attached Appendix B, to the Chief
    Counsel for Advocacy of the Small Business Administration in
    accordance with paragraph 603(a) of the Regulatory Flexibility Act,
    Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C. §§ 601 *et seq.* (1981).

    FEDERAL COMMUNICATIONS COMMISSION

    Magalie Roman Salas

    Secretary

**Appendix A**

**Rule Changes**

Part 76 of Title 47 of the Code of Federal Regulations is amended as
follows:

**PART 76 \-- MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE**

1\. The authority citation for Part 76 continues to read as follows:

AUTHORITY: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308,
309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 535, 536,
537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571,
572, 573.

2\. Section 76.305 is eliminated.

3\. Section 76.309 is amended by adding a NOTE to read as follows:

**§ 76.309 Customer service obligations.**

**\*\*\*\*\***

NOTE 2 TO § 76.309: Section 76.1602 contains notification requirements
for cable operators with regard to operator obligations to subscribers
and general information to be provided to customers regarding service.
Section 76.1603 contains subscriber notification requirements governing
rate and service changes. Section 76.1619 contains notification
requirements for cable operators with regard to subscriber bill
information and operator response procedures pertaining to bill
disputes.

4\. Section 76.630 is amended by adding NOTE 4 to read as follows:

**§ 76.630** **Compatibility with consumer electronic equipment.**

\*\*\*\*\*

NOTE 4 TO § 76.630: Cable operators must comply with the notification
requirements pertaining to the waiver of the prohibition against
scrambling and encryption, and must comply with the public file
requirements in connection with such waiver.

5\. Section 76.1510 is revised to read as follows:

**§ 76.1510 Application of certain Title VI provisions**

The following sections within Part 76 shall also apply to open video
systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802
(Equal Employment Opportunity Requirements); §§76.503 and 76.504
(ownership restrictions); § 76.981 (negative option billing); and §§
76.1300, 76.1301 and 76.1302 (regulation of carriage agreements);
provided, however, that these sections shall apply to open video systems
only to the extent that they do not conflict with this subpart S.
Section 631 of the Communications Act (subscriber privacy) shall also
apply to open video systems.

6\. Section 76.1700 is amended by removing the word "locally" from the
title, to read as follows:

**§76.1700 Records to be maintained by cable system operators**.

\(a\) *Recordkeeping requirements.* The operator of every cable
television system having fewer than 1,000 subscribers is exempt from the
public inspection requirements contained in § 76.1701 (political file);
§76.1715 (sponsorship identification); §76.1702 (EEO records available
for public inspection); §76.1703 (commercial records for children\'s
programming); §76.1704 (proof-of-performance test data); and §76.1706
(signal leakage logs and repair records). The operator of every cable
television system having 1000 or more subscribers but fewer than 5000
subscribers shall, upon request, provide the information required by
§76.1715 (sponsorship identification); §76.1702 (EEO records available
for public inspection); §76.1703 (commercial records for children\'s
programming); §76.1704 (proof-of-performance test data); and §76.1706
(signal leakage logs and repair records) but shall maintain for public
inspection a file containing a copy of all records required to be kept
by §76.1701 (political file). The operator of every cable television
system having 5000 or more subscribers shall maintain for public
inspection a file containing a copy of all records which are required to
be kept by §76.1701 (political file); §76.1715 (sponsorship
identification); §76.1702 (EEO records available for public inspection);
§76.1703 (commercial records for children\'s programming); §76.1704
(proof-of-performance test data); and §76.1706 (signal leakage logs and
repair records).

7\. Section 76.1700(a)(1) is eliminated.

8\. Section 76.1702 is corrected by removing the second printed version
of Section 76.1702, which is a duplication error.

9\. Section 76.1802 is corrected by removing the second printed version
of Section 76.1802, which is a duplication error.

**Appendix B**

**FINAL REGULATORY FLEXIBILITY ANALYSIS**

1\. As required by Section 603 of the Regulatory Flexibility Act
("RFA"),[^19] the Commission incorporated an Initial Regulatory
Flexibility Analysis ("IRFA") into its *Order on Reconsideration and
Further Notice of Proposed Rulemaking* ("*Further NPRM*").[^20] The
Commission sought written public comments on the possible impact of the
proposed rule on small entities, including comments on the IRFA. This
Final Regulatory Flexibility Analysis ("FRFA") incorporated into the
*Second Report and Order* ("*Second Order*") conforms to the RFA.[^21]

2\. **Need for, and Objectives of, the Second Report and Order.** The
Commission adopted the *1998 Biennial Regulatory Review -- Streamlining
of Cable Television Services Part 76 Public File and Notice
Requirements, Report and Order ("Order")* pursuant to Section 11 of the
1996 Telecommunications Act which requires the Commission to conduct a
biennial review of regulations that apply to operations and activities
of any provider of telecommunications service and to repeal or modify
any regulation it determines to be no longer in the public
interest.[^22] The initial Notice of Proposed Rulemaking ("NPRM") in
this proceeding was not published in the Federal Register. Consequently,
the Commission adopted the *Further NPRM* which found that, with the
exception of one provision, the rules adopted in the *Order* were
procedural in nature and subject to the prior notice exemption contained
in Section 1.412(b)(5) of the Commission's rules.[^23] The *Further
NPRM* also vacated that portion of the *Order*, Section 76.1700(a),
which contained a substantive rule change for which prior notice was
required but not given and gave notice of, and sought comment on, the
Commission's intent to reinstate the vacated rule. No comments were
received in response to the *Further NPRM*. The *Second Order*
reinstates Section 76.1700(a) as contained in the *Order*.

3\. **Summary of Significant Issues Raised by Public Comments in
Response to the IRFA.** No comments were filed specifically in response
to the IRFA.

4\. **Description and Estimate of the Number of Small Entities To Which
the Rule Applies.** The RFA directs agencies to provide a description
of, and where feasible, an estimate of the number of small entities that
may be affected by the rule here adopted.[^24] The RFA defines the term
"small entity" as having the same meaning as the terms "small business,"
"small organization," and "small governmental jurisdiction" under
Section 3 of the Small Business Act.[^25] A small business concern is
one which: (1) is independently owned and operated; (2) is not dominant
in its field of operation; and (3) satisfies any additional criteria
established by the Small Business Administration.[^26]

5\. The *Second Order* adopts Section 76.1700(a), a rule that applies to
cable operators with 1000 or more, but fewer than 5000, subscribers. The
SBA has developed a definition of small entities for cable and other pay
television services, which includes all such companies generating \$11
million or less in revenue annually.[^27] This definition includes cable
systems operators, closed circuit television services, direct broadcast
satellite services, multipoint distribution systems, satellite master
antenna systems, and subscription television services. According to the
Census Bureau data from 1992, there were 1,788 total cable and other pay
television services and 1,423 had less than \$11 million in
revenue.[^28]

6\. The Communications Act of 1934, as amended, also contains a
definition of a small cable system operator, which is "a cable operator
that, directly or through an affiliate, serves in the aggregate fewer
than 1 percent of all subscribers in the United States and is not
affiliated with any entity or entities whose gross annual revenues in
the aggregate exceed \$250,000,000."[^29] The Commission has determined
that there are 67,700,000 subscribers in the United States.[^30]
Therefore, we estimate that an operator serving fewer than 677,000
subscribers shall be deemed a small operator, if its annual revenues,
when combined with the total annual revenues of all its affiliates, do
not exceed \$250 million in the aggregate.[^31] Based on available data,
we estimate that the number of cable operators serving 677,000
subscribers or less totals 1,450.[^32] We do not request nor collect
information on whether cable system operators are affiliated with
entities whose gross annual revenues exceed \$250,000,000, and therefore
are unable at this time to estimate more accurately the number of cable
system operators that would qualify as small cable operators under the
definition in the Communications Act.

7\. **Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements.** Section 76.1700(a), adopted in the *Second
Order*, will not increase the recordkeeping or information collection
requirements for any cable operator. In fact, Section 76.1700(a) will
decrease certain recordkeeping requirements for cable operators with
1000 or more, but fewer than 5000, subscribers. The rule as adopted
eliminates the requirement that cable operators with 1000 or more, but
less than 5000, subscribers maintain certain records in their public
file. The rule provides that those records need only be provided
pursuant to a specific request. Thus, the adopted rule will result in
reductions in administrative costs borne by cable operators in
connection with reproducing and maintaining certain records in their
public files.

8\. **Steps taken to Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered.** The RFA requires an
agency to describe any significant alternatives that it has considered
in reaching its proposed approach, which may include the following four
alternatives: (1) the establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to small entities; (2) the clarification, consolidation, or
simplification of compliance or reporting requirements under the rule
for small entities; (3) the use of performance, rather than design,
standards; and (4) an exemption from coverage of the rule, or any part
thereof, for small entities. We are adopting a rule that establishes
reduced regulatory burdens on small entities with regard to certain
recordkeeping requirements. In the *Further NPRM*, we sought comment on
the proposed rule to ease the recordkeeping requirements for certain
small cable operators. No comments were received and we are aware of no
alternatives to further reduce burdens on small entities consistent with
the important regulatory objectives served by the reporting
requirements.

9\. **Report to Congress.** The Commission will send a copy of the
*Second Order*, including this FRFA, in a report to Congress pursuant to
the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
§ 801(a)(1)(A). The *Second Order* and this FRFA (or summaries thereof)
will also be published in the Federal Register, *see* 5 U.S.C. § 604(b),
and will be sent to the Chief Counsel for Advocacy of the Small Business
Administration.

[^1]: 15 FCC Rcd 9298 (2000).

[^2]: 14 FCC Rcd 4653 (1999).

[^3]: 47 U.S.C. § 161.

[^4]: *See Further NPRM*, 15 FCC Rcd 9298 (2000); 47 C.F.R. §
    1.412(b)(5).

[^5]: *See* *Further NPRM,* 15 FCC Rcd at 9299; *see also* 47 C.F.R. §
    1.412.

[^6]: *Further NPRM*, 15 FCC Rcd at 9299.

[^7]: *See* 65 FR 53610 (2000).

[^8]: 47 C.F.R. § 76.305(a).

[^9]: *Report and Order*, 14 FCC at 4665.

[^10]: We emphasize that operators of cable systems that have 1000 or
    more subscribers but fewer than 5000 subscribers shall maintain for
    public inspection a file containing a copy of all records required
    to be kept by Section 76.1701 (political file). As we stated in the
    *Report and Order*, it is crucial that information from the
    political file be immediately available to the public. *See Report
    and Order,* 14 FCC Rcd at 4665.

[^11]: *See id.*

[^12]: *See Amendment of Part 74, Subpart K, of the Commission's Rules
    and Regulations Relative to Community Antenna Television Systems*,
    36 FCC 2d 141 (1972); *Cable Television Technical and Operational
    Requirements -- Review of the Technical and Operational Requirements
    of Part 76, Cable Television*, 7 FCC Rcd 2021 (1992).

[^13]: *See* 47 C.F.R. § 73.1212.

[^14]: *See Report and Order,* 14 FCC Rcd at 4665.

[^15]: *See id.* at 4708.

[^16]: *See id.* at 4653.

[^17]: We note that the Commission temporarily suspended the
    effectiveness of Sections 76.1702 and 76.1802 of the Commission's
    rules. *See Suspension of the Broadcast and Cable Equal Employment
    Opportunity Outreach Program Requirements,* Memorandum Opinion and
    Order, FCC 01-34 (rel. Jan. 31, 2001).

[^18]: 47 C.F.R. § 76.630(a).

[^19]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 *et. seq*.,
    has been amended by the Contract With America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^20]: *Order on Reconsideration and Further Notice of Proposed
    Rulemaking*, 15 FCC Rcd 9298 (2000).

[^21]: *See* 5 U.S.C. § 604.

[^22]: 47 U.S.C. § 161; FCC News Release (Nov. 18, 1997).

[^23]: 47 C.F.R. § 1.412(b)(5).

[^24]: 5 U.S.C. § 603(b)(3).

[^25]: 5 U.S.C. § 601(3).

[^26]: 5 U.S.C. § 632.

[^27]: 13 CFR 121.201, North American Industry Classification System
    (NAICS) codes 51321 and 51322.

[^28]: *1992 Economic Census Industry and Enterprise Receipts Size
    Report,* Table 2D, NAICS codes 51321 and 51322 (U.S. Bureau of the
    Census data under contract to the Office of Advocacy of the U.S.
    Small Business Administration).

[^29]: 47 U.S.C. § 543(m)(2).

[^30]: *Annual Assessment of the Status on Competition in the Market for
    the Delivery of Video Programming,* CS Docket No. 00-132, Seventh
    Annual Report, Table C-1 (rel. January 8, 2001).

[^31]: *Id.*

[^32]: *FCC Announces New Subscriber Count for the Definition of Small
    Cable Operator,* Public Notice, 16 FCC Rcd 2225 (2001).