Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | CSR 5743                     |
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| Requirement to File an Annual    | ) | CSR 5805                     |
| FCC Form 320 for All Individual  | * |                              |
| Community Units Served by a      | * | CSR 5874                     |
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ORDER

**Adopted: November 18, 2002** **Released: November 22, 2002**

By the Chief, Media Bureau:

# Introduction

1.  We have before us petitions filed pursuant to Section 76.7(a)(1) of
    the Commission's Rules[^1] by Armstrong Utilities, Inc.
    ("Armstrong"); CSC Holdings, Inc. ("CSC"); and Comcast Cable
    Communications, Inc. ("Comcast"). Each petition requests that the
    Commission allow the cable system operator to file a single Form 320
    for each physical system, identifying the communities served by the
    system, rather than a separate Form 320 for each community. This
    would greatly reduce the number of Forms 320 each operator is
    required to file annually. Each operator asserts that the relief it
    requests is the very same as the Commission granted in *Time Warner
    Cable* [^2]and subsequently to other operators.

# Background

2.  Protecting the aeronautical frequencies[^3] from harmful
    interference is of paramount importance.[^4] In order to minimize
    frequency use restrictions for cable operators, however, the
    Commission's rules allow cable systems to use the aeronautical
    frequencies if they satisfy signal leakage and channel frequency
    offset standards.[^5] An important part 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; we also
    require annual measurement of each system's CLI to demonstrate the
    current level of interference potential in the airspace above the
    cable plant.[^6] The results of the measurement are reported to us
    annually by Form 320 for each community unit.[^7]

3.  The basic administrative unit for cable systems is the system
    community unit, which is assigned a Community Unit Identifier
    ("CUID").[^8] The Commission also uses "physical system" as a
    classification to facilitate some processes.[^9] 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
    cable system as defined in Section 76.5(a) of the Rules.[^10] It is
    often defined as the cable strand associated with a headend.[^11]
    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 frequency offset and measurement
    exhibits for the physical system with the lead community CUID.

4.  These petitioners, and those who have filed similar petitions in the
    past, assert that significant cost reductions will result for them
    and the Commission, should we allow consolidated filings. They also
    assert that there will be more savings as they consolidate headends.

5.  These petitioners express their intent to meet our requirements set
    forth in *Time Warner Cable* and the similar petitions that we have
    granted*.* Six of the eight largest MSOs (multiple system operators)
    have been operating under this regime for a year. A seventh, Time
    Warner, has been using this method for two years. We have resolved
    amicably any procedural problems that have arisen.

# DISCUSSION

6.  Form 320 filings are made by cable television system operators to
    comply with their Section 76.1804(g) CLI filing obligation. This
    section of the rules specifies the information that must be filed
    annually with the Commission, and a note to the rules provides that
    this information filing obligation may be satisfied by the timely
    filing of Form 320. In the past, it was administratively difficult
    for Commission staff to accept and track Form 320 filings unless a
    separate filing was made for each cable system community. The
    resource savings for cable operators filing on a consolidated system
    rather than an individual community basis, however, is likely to be
    substantial, and it is now administratively feasible for the staff
    to accept filings on a consolidated basis. This action will also
    make the manual filing process consistent with electronic filing of
    the Form 320, when we implement the Cable Operations and Licensing
    System (COALS)---our on-line electronic filing system for
    Multichannel Video Programming Distributors (MVPDs), which is
    nearing completion. Accordingly, we will now accept consolidated
    flings from all cable system operators without the need for special
    permission to do so through the special relief process, subject to
    the conditions specified below.

7.  Cable operators may file a consolidated Form 320, including all
    required Exhibits, for each PSID assigned by the Commission instead
    of filing individual Forms 320 for each CUID. The Form 320 filed
    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 all associated CUIDs. Exhibit 1 also will contain
    a table with the CUIDs 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 in the same row in the next adjacent column.
    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,[^12] before filing of these Forms 320. We
    expect cable operators that wish to file a consolidated Form 320 to
    submit an Exhibit 1 that conforms to the sample provided in
    Appendix A. When calculating CLI, cable operators may only combine
    distinct cable service areas that are served by the same signal
    generation equipment.

# Ordering Clauses

8.  Accordingly, IT IS ORDERED pursuant to Sections 0.321 of the
    Commission\'s Rules, 47 C.F.R. § 0.321, that the filing policy for
    FCC Form 320, Basic Signal Leakage Performance Report IS MODIFIED as
    prescribed in this Order, and the new policy IS EFFECTIVE upon
    release of this Order.

9.  IT IS FURTHER 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
    Petitions for Special Relief of Armstrong Utilities, Inc.; CSC
    Holdings, Inc.; and Comcast Cable Communications, Inc. ARE DISMISSED
    AS MOOT.

> FEDERAL COMMUNICATIONS COMMISSION
>
> W. Kenneth Ferree
>
> Chief, Media Bureau

Appendix A: 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. § 76.7(a)(1).

[^2]: 15 FCC Rcd. 15116 (2000)

[^3]: 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 Rescue 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.
    §§ 80.1051 -- 80.1061 and 87.193--87.199.

[^4]: Harmful Interference is any interference that "endangers the
    functioning of a radionavigation service or of other safety
    services." *See* *id*. §§ 2.1 & 76.613(a).

[^5]: *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).

[^6]: 47 C.F.R. § 76.611(a).

[^7]: *Id*. § 76.1804.

[^8]: *See id*. § 76.1801.

[^9]: *See, e.g.*, *id*. §§ 76.605(a)(11) & 76.610‑76.617.

[^10]: *Id*. § 76.5(a).

[^11]: 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* *id*. §§ 76.5(kk),
    76.601(b)(1), & 76.901(c).

[^12]: 47 C.F.R. § 76.1610.