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| 437SCBA Comments at 24. SCBA is now known as American Cable Association ("ACA"). 438Id.; accord Pellegrin Comments at 6. 439See 5 U.S.C. §801(a)(1)(A). 440See 5 U.S.C. §604(b). 441See 5 U.S.C. §603. The RFA has been amended by the Contract With America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). See 5 U.S.C. §601 et. seq. Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (“SBREFA”). 442See 5 U.S.C. §603(a). 443See id. 4445 U.S.C. §603(b)(3). 4455 U.S.C. §601(3) and (6). 44615 U.S.C. §632. 44713 C.F.R. §121.201 (SIC 4841). 448U.S. Department of Commerce, Bureau of the Census, Industry and Enterprise Receipts Size report, Table 2D, SIC 4841 (Bureau of the Census data under contract to the Office of Advocacy of the SBA). 44947 C.F.R. §76.901(e). The Commission developed this definition based on its determinations that a small cable system operator is one with annual revenues of $100 million or less. Sixth Report and Order and Eleventh Order on Reconsideration, MM Dkt Nos. 92-266 and 93-215, 10 FCC Rcd 7393 (1995). 450Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 1996 (based on figures for Dec. 30, 1995). 45147 U.S.C. §543(m)(2). 45247 C.F.R. §76.1403(b). 453Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 1996 (based on figures for Dec. 30, 1995). 454"Establishments primarily engaged in the production of theatrical and nontheatrical motion pictures and video tapes for exhibition or sale, including educational, industrial, and religious films. Included in the industry are establishments engaged in both production and distribution. Producers of live radio and television programs are classified in Industry 7922." Standard Industrial Classification Manual, SIC 7812, Executive Office of the President, Office of Management and Budget (1987) (OMB SIC Manual). 455"Establishments primarily engaged in the distribution (rental or sale) of theatrical and nontheatrical motion picture films or in the distribution of video tapes and disks, except to the general public." OMB SIC Manual, SIC 7822. 456"Establishments primarily engaged in providing live theatrical presentations, such as road companies and summer theaters. . . . Also included in this industry are producers of . . . live television programs." OMB SIC Manual, SIC 7922. 45713 C.F.R. §121.201. 458U.S. Small Business Administration 1992 Economic Census Industry and Enterprise Report, Table 2D, SIC 7812, (U.S. Bureau of the Census data adapted by the Office of Advocacy of the U.S. Small Business Administration) ("SBA 1992 Census Report"). Because the Census data do not include a category for $21.5 million, we have reported the closest increment below and above the $21.5 million threshold. There is a difference of 15 firms between the $16,999 and $24,999 million annual receipt categories. It is possible that these 15 firms could have annual receipts of $21.5 million or less and would therefore be classified as small businesses. 459SBA 1992 Census Report, SIC 7922. 460Annual Assessment of the Status of Competition in Markets for the Delivery of Video Programming, Third Annual Report, CS Docket No. 96-133, 12 FCC Rcd 4358, 4385 (1996)(”Third Annual Report”). 461Third Annual Report, 12 FCC Rcd at 4385. 462Id. 463Id. 464 13 C.F.R. § 121.201, Standard Industrial Code (SIC) 4833 (1996). 465 Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, 1992 Census of Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92-S-1, Appendix A-9 (1995). 466Id. See Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual (1987), at 283, which describes "Television Broadcasting Stations (SIC Code 4833)" as: Establishments primarily engaged in broadcasting visual programs by television to the public, except cable and other pay television services. Included in this industry are commercial, religious, educational and other television stations. Also included here are establishments primarily engaged in television broadcasting and which produce taped television program materials. 467Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, 1992 Census of Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92-S-1, Appendix A-9 (1995). 468Id.; SIC 7812 (Motion Picture and Video Tape Production); SIC 7922 (Theatrical Producers and Miscellaneous Theatrical Services (producers of live radio and television programs). 469FCC News Release No. 31327, Jan. 13, 1993; Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, Appendix A-9. 470FCC News Release, Broadcast Station Totals as of September 30, 1999 (released November 22, 1999). 471The amount of $10 million was used to estimate the number of small business establishments because the relevant Census categories stopped at $9,999,999 and began at $10,000,000. No category for $10.5 million existed. Thus, the number is as accurate as it is possible to calculate with the available information. 472 We use the 77 percent figure of TV stations operating at less than $10 million for 1992 and apply it to the 1999 total of 1,616 TV stations to arrive at the total number of stations categorized as small businesses. 473U.S. Dept. of Commerce, 1992 Census of Transportation, Communications and Utilities, Table 1D, (issued May 1995), SIC category 3663. 474This category excludes establishments primarily engaged in the manufacturing of household audio and visual equipment which is categorized as SIC 3651. 47513 C.F.R. §121.201, SIC Code 3663. 47613 C.F.R. §121.201, SIC Code 3651. 477U.S. Small Business Administration 1995 Economic Census Industry and Enterprise Report, Table 3, SIC Code 3651, (Bureau of the Census data adapted by the Office of Advocacy of the U.S. Small Business Administration). 478See 5 U.S.C. §801(a)(1)(A). 479See 5 U.S.C. §604(b). 1 Para. 3. 2 Para. 114, citing U.S. v. O’Brien, 391 U.S. 367, 377 (1968). 3 Para. 113, citing Turner Broadcasting System, Inc. v. U.S., 512 U.S. 622, 662 (1997) (Turner II). It is important to note that the deference the Supreme Court afforded Congress in Turner II might not extend to this Agency. Therefore, we cannot be assured that, even if we assemble a voluminous record, the Turner II decision would sustain a dual carriage decision, especially given the relatively scant legislative history concerning digital broadcasting. 4 Para. 113. 1 Para. 112, n. 4. 3 See Para. 112 (citing sections 614(b)(3)(A) and 615(g)(1) of the Act). 1 47 U.S.C. §336(d)(“Nothing in this section shall be construed as relieving a television broadcast station from its obligation to serve the public interest, convenience, and necessity.”) 2 47 U.S.C. §521(2) and (4) 3 Order at pgs. 24-28 (construing 47 U.S.C. §614(b)(3)(requiring cable operators to carry the “primary video” signal of a broadcast station.) 4 Order at pg. 28 Directory: Bureaus -> Cable -> Orders -> 2001 2001 -> Before the Federal Communications Commission Washington, D Bureaus -> Federal Communications Commission da 99-2172 Before the federal communications commission Bureaus -> News news media Information 202 / 418-0500 Bureaus -> Sbc communications inc. And bellsouth corporation seek fcc consent to transfer control of, or assign, licenses to joint venture Bureaus -> News news media Information 202 / 418-0500 Bureaus -> Appendix a carriers Receiving Preliminary Extensions Until September 30, 2001 to Comply with calea section 103 Requirements Carrier Name trs number Bureaus -> I. statutory framework Orders -> Report and order Download 0.64 Mb. Share with your friends:
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