**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of: )

)

Charter Communications ) CSR-5329

)

Request for Declaratory Ruling )

FCC Form 394 )

)

**MEMORANDUM OPINION AND ORDER**

**Adopted: January 23, 2001 Released: January 25, 2001**

By the Deputy Chief, Cable Services Bureau:

1\. Section 617 of the Communications Act of 1934, as amended, provides
a local franchising authority (\"LFA\") with 120 days to act upon a
request for approval of a sale or transfer of a cable television
franchise, provided that the franchise itself requires such approval. If
the LFA fails to render a final decision in that time period, the
request is deemed granted unless the requesting party and the LFA agree
to an extension of time. Section 76.502(a) of the Commission\'s rules,
which is the rule provision implementing Section 617, states that the
120 day time period shall commence with the submission of FCC Form 394
to the LFA.

2\. In the above-captioned proceeding, Charter Communications requested
that the Commission declare that exhibits to FCC Form 394 may be
submitted in electronically readable format over the internet. In an
Order, the Cable Services Bureau granted this request.[^1] Subsequently,
an Order on Reconsideration was released by the Bureau, clarifying its
earlier decision.[^2] The National Association of Telecommunications
Officers and Advisors ("NATOA") filed a petition for reconsideration of
the Bureau\'s *Reconsideration Order*, pursuant to Sections 1.106(a)(1)
and 1.106(j) of the Commission\'s rules.[^3] The Bureau then released an
order denying reconsideration,[^4] based on NATOA's failure to file its
petition within thirty days of public notice of the Bureau's
*Reconsideration Order*, as well as its failure to serve parties to the
proceeding, pursuant to Section 405 of the Communications Act of 1934,
as amended,[^5] and Section 1.106(f) of the Commission's rules.[^6] In
the instant proceeding, NATOA has filed a second petition for
reconsideration of the Bureau's *Reconsideration Order*.

3\. In its current petition, and accompanying motion to accept the late
filing, NATOA once again requests that the Bureau accept a late-filed
petition. NATOA provides the Bureau with no reason as to why it could
not have filed its petition within thirty days of the *Reconsideration
Order*.

4\. Section 405 of the Communications Act of 1934, as amended, which
governs the filing of reconsideration petitions, states that a petition
for reconsideration \"must be filed within thirty days from the date
upon which public notice is given of the order . . . complained
of.\"[^7] Section 1.106(f) of the Commission\'s rules requires that
petitions for reconsideration be filed within 30 days from the date of
public notice of the final Commission action, as that date is defined in
Section 1.4(b) of the Commission\'s rules.[^8] NATOA\'s petition did not
comply with Section 405 of the Act or Section 1.106(f) of the
Commission\'s rules, as NATOA failed to file its petition for
reconsideration within 30 days of the Bureau\'s *Reconsideration
Order*.[^9] NATOA provides no explanation for its lack of compliance
with the statute or the Commission\'s rules.

5\. Accordingly, **IT IS ORDERED**, pursuant to Section 405 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 405, and
Section 1.106 of the Commission\'s rules, 47 C.F.R. Section 1.106, that
the petition for reconsideration filed on September 24, l999 by the
National Association of Telecommunications Officers and Advisors
(CSR-5329) **IS DISMISSED**.

6\. This action is taken pursuant to authority delegated by Section
0.321 of the Commission\'s rules, 47 C.F.R. Section 0.321.

FEDERAL COMMUNICATIONS COMMISSION

William H. Johnson

Deputy Chief, Cable Services Bureau

[^1]: *Charter Communications*, 14 FCC Rcd 2901 (CSB, l999) ("*Order*").

[^2]: *Charter Communications*, 14 FCC Rcd 4113 (CSB, l999)
    ("*Reconsideration Order*").

[^3]: 47 C.F.R. §§1.106(a)(1), 1.106(j).

[^4]: *Charter Communications*, 14 FCC Rcd 13511 (CSB, 1999).

[^5]: 47 U.S.C. §405.

[^6]: 47 C.F.R. §1.106(f).

[^7]: 47 U.S.C. § 405.

[^8]: 47 C.F.R. §1.4(b).

[^9]: *See* §1.4(b)(2) of the Commissions rules, 47 C.F.R. §1.4(b)(2).