[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29667-29668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14376]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 21

[CC Docket No. 86-179; FCC 98-70]


Multipoint Distribution Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: Consistent with previous determinations by the Federal 
Communications Commission and judicial decisions, this Second Report 
and Order continues to classify subscription Multipoint Distribution 
Service (``MDS'') as a non-broadcast service. The order defers the 
classification of non-subscription MDS, and requires prior notification 
and Commission approval before MDS service can be offered on a non-
subscription basis.

EFFECTIVE DATE: August 10, 1998, following approval by the Office of 
Management and Budget, unless a notice is published in the Federal 
Register stating otherwise.

FOR FURTHER INFORMATION CONTACT: Charles Dziedzic or Jerianne Timmerman 
at (202) 418-1600.

SUPPLEMENTARY INFORMATION: A summary of the Second Report and Order 
follows. The complete text is available for inspection and copying 
during normal business hours in the MDS public reference room, Room 
207, at the Federal Communications Commission, 2033 M Street, N.W., 
Washington, D.C., and it may be purchased from the Commission's copy 
contractor, International Transcription Service, Inc., 1231 20th 
Street, N.W., Washington, D.C. 20036, (202) 857-3800.
    1. Synopsis of Second Report and Order. Following the remand of 
petitions to review by the United States Court of Appeals for the 
District of Columbia Circuit, the Federal Communications Commission, in 
this Second Report and Order, reaffirmed its previous determination to 
classify subscription Multipoint Distribution Service (``MDS'') as a 
non-broadcast service. Consistent with judicial precedent, the Second 
Report and Order defers the regulatory classification of non-
subscription MDS, and requires prior notification and Commission 
approval before MDS can be offered on a non-subscription basis.
    2. Final Regulatory Flexibility Act Certification. Pursuant to the 
Regulatory Flexibility Act of 1980, as amended (``RFA''), <SUP>1</SUP> 
it is hereby certified that the notification requirement for non-
subscription MDS service adopted herein will not have a significant 
economic impact on a substantial number of small entities. As indicated 
above in Paras. 6-8, we are not aware of any instances in which MDS 
service has been offered on a non-subscription basis. Thus, the only 
impact of the notification requirement will be the submission of data 
concerning non-subscription MDS service from the limited number (if 
any) of MDS

[[Page 29668]]

applicants and licensees that may one day choose to develop and provide 
such service.
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    \1\ See 5 U.S.C. Sec. 605(b). The RFA, see 5 U.S.C. 601 et seq., 
was 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.
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    3. The Commission will send a copy of this final certification, 
along with this Second Report and Order, in a report to Congress 
pursuant to the Small Business Regulatory Enforcement Fairness Act of 
1996, 5 U.S.C. 801(a)(1)(A), and to the Chief Counsel for Advocacy of 
the Small Business Administration, 5 U.S.C. 605(b). A copy of this 
certification will also be published in the Federal Register.
    4. Ordering Clauses. Accordingly, it is ordered, that pursuant to 
the authority of Sections 4(i) and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i) and 393(r), this Second Report and 
Order is adopted, and Part 21 of the Commission's Rules are amended.
    5. It is further ordered, that the rule amendment will become 
effective August 10, 1998, following approval by the Office of 
Management and Budget, unless a notice is published in the Federal 
Register stating otherwise.
    6. It is further ordered, that the Commission's Office of Public 
Affairs, Reference Operations Division, shall send a copy of this 
Second Report and Order, including the Final Regulatory Flexibility Act 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with section 605(b) of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq.
    7. It is further ordered, that CC Docket No. 86-179 is terminated.

List of Subjects in 47 CFR Part 21

    Communications common carriers, Reporting and recordkeeping 
requirements, Television.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Part 21 of Chapter 1 of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

    1. The authority citation for part 21 continues to read as follows:

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
314, 403, 404, 410, 602; 48 Stat. 1064, 1066, 1070-1073, 1076, 1077, 
1080, 1082, 1083, 1087, 1094, 1098, 1102, as amended; 47 U.S.C. 151, 
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 602; 47 U.S.C. 
552, 554.

    2. Section 21.940 is added to read as follows:


Sec. 21.940  Non-subscription MDS service.

    The Commission must be notified, and prior Commission approval 
obtained, before Multipoint Distribution Service or Multichannel 
Multipoint Distribution Service may be provided on a non-subscription 
basis.

[FR Doc. 98-14376 Filed 5-29-98; 8:45 am]
BILLING CODE 6712-01-P