The Regulatory Mix, TMI’s daily blog of regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of a TMI Briefing.
Inflation Adjustments for Cable Operators
The FCC announced the fourth quarter 2015 inflation adjustment figures for cable operators using FCC Form 1240. The fourth quarter of 2015 inflation factor is 0.87%. The inflation adjustment factor is calculated by dividing the GNP-PI for the fourth quarter of 2015 (110.376) by the GNP-PI for the third quarter of 2015 (110.138). The result of this calculation is converted from a quarterly change measurement factor to an annual change measurement factor by raising it to the fourth power.
CATV Declaratory Ruling
The FCC is seeking comment on a Petition for Declaratory Ruling filed by the National Cable & Telecommunications Association and the American Cable Association. The petition seeks clarification of the “written information” requirement of §76.1602(b) of the FCC’s rules. Specifically, the petitioners seek a ruling that electronic dissemination by email to subscribers for whom a cable operator has a confirmed email address, by the provision of appropriately-noticed links to websites, or by other electronic measures reasonably calculated to reach individual customers, satisfies the requirement if the information is also available in print upon customer request. Comments are due May 26, 2016; reply comments are due June 10, 2016.
Two FCC Commissioners issued statements in response to the passage of H.R. 2666 See the Regulatory Mix dated 4/15/16. FCC Commissioner Ajit Pai said: “Today the House of Representatives passed common-sense legislation to stop the Federal Communications Commission from regulating broadband Internet access rates. This bipartisan measure codifies what President Obama told the FCC to do in 2014 and what Chairman Wheeler promised to do in 2015. I hope it will soon become the law of the land.”
Commissioner O’Rielly issued a statement saying: “I congratulate Representative Kinzinger and the leadership of the House Energy and Commerce Committee on the bipartisan passage of H.R. 2666, which will hold the Commission to its promise, often-repeated during its Net Neutrality proceeding, not to regulate broadband Internet access rates. It’s unfortunate that all of the backpedaling on the part of Commission leadership has made a step of this magnitude necessary, but I am hopeful that the experience with last year’s Appropriations provision pertaining to Joint Sales Agreements will elicit more respect for the will of Congress.”