Section .0100 – General Requirements

Link to law: http://reports.oah.state.nc.us/ncac/title 18 - secretary of state/chapter 13 - state franchise for cable television service/chapter 13 rules.html
Published: 2015

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CHAPTER 13 – STATE FRANCHISE FOR CABLE TELEVISION SERVICE

 

SECTION .0100 – GENERAL REQUIREMENTS

 

18 NCAC 13 .0101             SCOPE

The rules in this Chapter implement Article 42 of Chapter 66

of the General Statutes.

 

History Note:        Authority G.S. 55D-5; 55D-10; 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

18 NCAC 13 .0102             DEFINITIONS

The following terms and definitions apply to the rules in

this Chapter:

(1)           "Act" means Article 42 of Chapter

66 of the North Carolina General Statutes entitled "State Franchise for

Cable Television Service";

(2)           "Correspond" means to conform to

or be obviously similar to, although not agreeing in every detail;

(3)           "Department" means the Department

of the Secretary of State;

(4)           "Filed" means received by the

Department and filed pursuant to G.S. 55D-15 and this Chapter;

(5)           "Filer" means a person submitting

a filing pursuant to the Act and this Chapter;

(6)           "Filing" and "record"

mean those forms, reports, attachments and information submitted in paper or

electronic form; and

(7)           "Form" means a form or report

promulgated by the Department and required or permitted to be filed pursuant to

the Act.

 

History Note:        Authority G.S. 55D-5; 55D-10; 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0103             TIME

Time periods are calculated according to the provisions of

G.S. 1A-1, Rule 6.

 

History Note:        Authority G.S. 1A-1, Rule 6; 55D-5;

55D-10(b)(7); 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

SECTION .0200 – FILING

 

18 NCAC 13 .0201             FILING LOCATIONS AND METHODS

Each required filing must be submitted to and received by

the Department using one of the following methods:

(1)           By United States mail at the following address: 

Department of the Secretary of State, P.O. Box 29622, Raleigh, NC 27626-0622.

(2)           In person or by a designated delivery service

authorized pursuant to G.S. 1A-1, Rule 04 at the following street address:

Secretary of State's Office, 2 South Salisbury Street, Raleigh, NC 27601-2903.

 

History Note:        Authority G.S. 1A-1, Rule 4; 55D-5;

55D-10; 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0202             FILING USING DEPARTMENT'S FORMS

(a)  Filers shall use forms promulgated by the Department.

(b)  For each filing, a filer shall submit an original

consisting of:

(1)           A completed and signed form;

(2)           A map which complies with Section .0400 of

this Chapter, if the filing of a map is required;

(3)           Any attachments.

(c)  For each filing, a filer shall also submit three copies

of the documents submitted to Paragraph (b) of this Rule.

 

History Note:        Authority G.S. 55D-5; 55D-10; 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0203             FORM COMPLETION REQUIREMENTS

(a)  All information requested on a form shall be completed

by the filer whether requested by means of a block to be marked or a line to be

completed.

(b)  Nothwithstanding the requirements of Paragraph (a) of

this Rule, if the filer's mailing address is the same as the filer's physical

address, the filer may leave the mailing address question or item blank.

(c)  A form is not complete unless it complies with all

other applicable filing requirements in this Chapter and Article 2 of Chapter

55D of the General Statutes.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0204             FILING SUBMISSION DATE AND TIME

A filing is submitted on the day it is received in paper

form by the Department before 5:00 p.m. of that day.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0205             REJECTION OF INCOMPLETE FILING

The Department shall reject any filing which is incomplete

because the filing:

(1)           Lacks any required information; or

(2)           Is not signed as required by the Act; or

(3)           Is not submitted together with any required

fee; or

(4)           Does not comply with the requirements of

G.S. 55D-10.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0206             DEPARTMENTAL REFUSAL TO FILE

The Department shall refuse to file a filing which is

subject to rejection for any of the reasons stated in this Chapter or in

Article 2 of Chapter 55D of the General Statutes.

 

History Note:        Authority G.S. 55D-5; 55D-10(b)(7);

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0207             EXPEDITED REVIEW OF FILING

A filer may request expedited review of a filing pursuant to

G.S. 55D-11 upon payment of the applicable expedited review fee.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-11;

55D-15; 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0208             EFFECTIVE DATE OF FILING

(a)  When the Department does not reject a filing under Rule

.0205 or refuse to file a filing under Rule .0206 and accepts and files a

filing pursuant to G.S. 55D-15, the document is deemed filed on the date on

which it was received by the Department.

(b)  When the Department rejects a filing under Rule .0205

or refuses to file a filing under Rule .0206 and later accepts and files a

subsequently submitted corrected filing pursuant to G.S. 55D-15, the document

is deemed filed on the date on which the corrected filing was received by the

Department.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-13;

55D-15; 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0209             DEPARTMENT'S DELIVERY OF COPY TO

FILER

At the time of submission of a filing, a filer may request

that the Department make the copy delivery required by G.S. 55D-15(b) by a

delivery service authorized pursuant to G.S. 1A-1, Rule 4 if the filer has:

(1)           Made provision for the delivery service to

visit the Department and pick up the copy; or

(2)           Provided a completed delivery envelope and

made arrangements with the delivery service for payment of costs associated

with the pickup and delivery of the copy.

 

History Note:        Authority G.S. 1A-1, Rule 4; 55D-5;

55D-10; 55D-15; 66-354(a); 26 U.S.C. 7502(f)(2);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

SECTION .0300 – FEES

 

18 NCAC 13 .0301             GENERAL REQUIREMENTS

(a)  A required fee shall be submitted together with the

filing to which the fee applies.

(b)  A fee must be paid by cash, warrant, uncertified check,

certified check, money order, or another instrument freely negotiable at par

through the Federal Reserve System.  Checks, money orders, or other instruments

shall be drawn on U.S. financial institutions in U.S. currency.

(c)  A filing is void if a financial instrument listed in

Paragraph (b) of this Rule and tendered for a required fee is returned by the

institution upon which it was issued as "insufficient funds" or for

other similar reason.

 

History Note:        Authority G.S. 55D-5; 55D-10(b)(7);

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

SECTION .0400 – MAPS AND DESCRIPTIONS OF SERVICE AREAS

 

18 NCAC 13 .0401             PURPOSE

The rules in this Section establish basic standards for map

and description filings.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0402             CONTENT SUFFICIENCY REQUIREMENT FOR

SUBMITTED MAPS

A map submitted shall accurately depict the geographic area

to be served by reference to governmental boundaries, streets, roads, or

geographical features.

 

History Note:        G.S. 55D-5; 55D-10; 55D-15; 66-352;

66-354(a);

Temporary Adoption Eff. January 1, 2007 (18 NCAC 12

.0401);

Eff. December 1, 2007.

 

18 NCAC 13 .0403             DESCRIPTIONS OF SERVICE AREAS

(a)  Service areas shall be described in a manner sufficient

to enable a person to determine whether or not a particular location falls

within the service area.  NOTE:  For example, any of the following descriptions

would enable a person to determine whether a location fell within the described

service area:  the entirety of the State of North Carolina; the entirety of X

county; all of X county north of Y highway; the city of Z; the A, B and C

subdivisions of Q city; or, those portions of X county between river S and

highway Y.

(b)  If both a map and a description of a service area are

required, then the description of the service area shall correspond to the map.

(c)  A description shall not be sufficient if it merely

refers to a map without a description of what the map represents.

 

History Note:        Authority G.S. 55D-5; 55D-10; 66-354(a);

Temporary Adoption Eff. January 1, 2007 (18 NCAC 13

.0401);

Eff. November 1, 2007.

 

18 NCAC 13 .0404             Reserved for future codification'

 

18 NCAC 13 .0405             REQUIRED MAP COMPONENTS

A map shall have three basic components combined and

submitted as a single final map document or image.  These basic components are:

(1)           The map depicting recognizable geographic

territory,

(2)           The service area depicting the filer's franchise

service area, and

(3)           Boundary clarity and detail sufficient to comply

with the requirements of Rule .0408, .0409, .0410, or .0411 of this Section.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Eff. November 1, 2007.

 

18 NCAC 13 .0406             GENERAL REQUIREMENTS FOR MAP

The map shall include:

(1)           The geographic map image;

(2)           A scale indicator;

(3)           A graphic indicating the direction North;

(4)           A title indicating the map's purpose;

(5)           A reference statement linking the map to the filing

for which the map is submitted; and

(6)           A legend or key to any symbols on the geographic

map image.

 

History Note:        G.S. 55D-5; 55D-10; 55D-15; 66-352;

66-354(a);

Eff. December 1, 2007.

 

18 NCAC 13 .0407             GENERAL REQUIREMENTS FOR SERVICE

AREA

The service area for a submitted map shall:

(1)           Delineate the service area as one or more

polygons.  The polygon(s) shall be closed on all sides;

(2)           Identify area included in the service area polygon(s)

through use of color fill, hash marks, hatching, or similar graphic depiction;

and

(3)           Contain a legend or key to any symbols used

to depict the service area.  NOTE: For example, if hash marks are used to

identify included areas of the service area, the legend or key would include

that information.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Temporary Adoption Eff. January 1, 2007 (18 NCAC 13

.0401);

Eff. November 1, 2007.

 

18 NCAC 13 .0408             MAP BOUNDARY DETAIL REQUIREMENTS FOR

SERVICE AREAS COVERING THE ENTIRE AREA OF ONE OR MORE MUNICIPALITIES OR

COUNTIES

(a)  A map depicting a service area that covers the entire

area of one or more municipalities provides sufficient boundary detail if the

map depicts the official boundaries of the covered municipality or

municipalities.

(b)  A map depicting a service area that covers the entire

area of one or more counties provides sufficient boundary detail if the map

depicts the official boundaries of the covered county or counties.

(c)  For the purposes of this Rule, "official

boundaries" means those boundaries set or recognized by the municipalities

or counties depicted on the submitted map.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Temporary Adoption Eff. January 1, 2007 (18 NCAC 13

.0401);

Eff. November 1, 2007.

 

18 NCAC 13 .0409             MAP BOUNDARY DETAIL REQUIREMENTS FOR

SERVICE AREAS COVERING THE ENTIRE AREA OF THE STATE

A map depicting a service area that covers the entire area

of the State provides sufficient boundary detail if the map depicts the

official boundaries of the State.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Temporary Adoption Eff. January 1, 2007 (18 NCAC 13

.0401);

Eff. November 1, 2007.

 

18 NCAC 13 .0410             INCREASED MAP BOUNDARY DETAIL

REQUIREMENTS FOR SERVICE AREAS COVERING LESS THAN THE ENTIRE AREA OF A

MUNICIPALITY OR COUNTY

A map depicting any service area that covers less than the

entire area of a municipality or a county shall provide boundary detail as is

necessary to comply with the requirements of Rule .0402 of this Section.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Eff. November 1, 2007.

 

18 NCAC 13 .0411             MAP SOURCES

Maps obtained from the following sources may be submitted

and are acceptable so long as the map submitted complies with all service area

requirements in this Section:

(1)           A map which is obtained either from a property

mapper certified by the Department's Land Records Management Section or a

county mapping office for the county in which the service area is located and

which meets minimum State standards for creating base or cadastral maps

established by G.S. 102-17 and G.S. 147-54.3, including any subsequent

amendments to those standards.  Copies of  the standards may be viewed online

using the Department's Internet site at the following address: 

http://www.secretary.state.nc.us/land/ or may be obtained by

contacting the Land Records Management Section, NC Department of the Secretary

of State, PO Box 29626, Raleigh, North Carolina 27626-0626, telephone number

919-807-2206, facsimile number 919-807-2210.  The cost for receiving a paper

copy of these materials is twenty cents ($.20) per page; or

(2)           A map which is obtained from the website

established by the NC Geographic Information Coordinating Council at: 

www.nconemap.com at no cost to the user

and which contains at least the following geo-referenced representation of the

service area boundaries:

(a)           County boundaries;

(b)           City boundaries;

(c)           Township boundaries;

(d)           Roads and streets; or

(3)           A map which meets the requirements of the Utilities

Commission as set forth in 04 NCAC 11 R09-04, including any subsequent

amendments to those Rules.  Copies of those Rules and the standards

incorporated therein may be viewed online at: 

http://reports.oah.state.nc.us/ncac.asp or may be obtained by

contacting the Corporations Division, NC Department of the Secretary of State;

PO Box 29626, Raleigh, North Carolina 27626-0626, telephone number

919-807-2225; or

(4)           For maps concerning municipalities, a map which is

obtained from the office of the clerk for the municipality depicted in the map.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Temporary Adoption Eff. January 1, 2007 (18 NCAC 13

.0401);

Eff. November 1, 2007.

 

18 NCAC 13 .0412             Reserved for future codification'

 

18 NCAC 13 .0413             ADDITIONAL MAP INFORMATION PERMITTED

A map may contain additional information which will be

useful to the customers of the franchise holder, the North Carolina Department

of Revenue, local governments and others.  Note:  For example, a map may

include geographical features such as waterways.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Temporary Adoption Eff. January 1, 2007 (18 NCAC 13

.0401);

Eff. November 1, 2007.

 

18 NCAC 13 .0414             FILING OF MAPS

A paper copy and an electronic copy of a map shall be

submitted with each filing for which a map is required.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-353; 66-354(a);

Eff. November 1, 2007.

 

18 NCAC 13 .0415             ELECTRONIC MAP FORMAT REQUIREMENTS

Any electronic copy of a map submitted under this Section

shall be submitted either in Portable Document Format (PDF) or in a GIS

"shapefile".

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-353; 66-354(a);

Eff. November 1, 2007.

 

18 NCAC 13 .0416             ELECTRONIC MAP MEDIA REQUIREMENTS

(a)  Any electronic copy of a map submitted under this

Section may be submitted using any of the following media:

(1)           A floppy disk;

(2)           A CD-Rom Disc, or

(3)           A DVD-Rom Disc.

(b)  The medium containing the electronic map shall be

labeled in a manner that identifies the filer, the filing type, and the date of

submission.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Eff. November 1, 2007.

 

18 NCAC 13 .0417             AMENDMENTS TO SERVICE AREAS

PROHIBITED

(a)  A franchise holder shall not file an amendment to a map

or service area description which changes the service area boundaries.

(b)  A new notice of franchise shall be filed if a filer

seeks to change a franchise service area.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Eff. July 3, 2008.

 

18 NCAC 13 .0418             PERMITTED MAP AND DESCRIPTION

AMENDMENTS

(a)  A filer may amend a map or service area description for

reasons other than changes to the service area boundaries.  NOTE:  For example,

a filer may amend a map or service area description to further identify

landmarks within the described service area such as street names.

(b)  An amended map or service area description shall:

(1)           Be titled "Amended"; and

(2)           Comply with Rule .0202 of this Chapter.

(c)  If a map is amended pursuant to this Rule, an

electronic copy shall be provided consistent with the requirements of this

Section.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-354(a);

Eff. November 1, 2007.

 

18 NCAC 13 .0419             ANNUAL SERVICE REPORT MAP SUBMISSION

For the purpose of complying with the map filing

requirements for annual service reports under G.S. 66-353, a filer submitting

an annual service report shall either:

(1)           Combine and submit the information required

by G.S. 66-353(2) and G.S. 66-353(4) on a single map image, so long as the

resulting single map image provides the visual depiction and information

required by each provision of law; or

(2)           Submit two separate map images: one map

image to depict the service area and one map image to depict households passed.

 

History Note:        Authority G.S. 55D-5; 55D-10; 55D-15;

66-352; 66-353; 66-354(a);

Eff. November 1, 2007.

 

SECTION .0500 – NOTICE OF FRANCHISE

 

18 NCAC 13 .0501             SCHEDULES

(a)  A schedule shall set forth the proposed sequence and

timing of the provision of service to the service area.  Deviations from the

proposed schedule shall be noted and explained in the annual service report as

required in G.S. 66-353(8).

(b)  If a franchise service area contains noncontiguous

geographic areas, then the schedule in the notice of franchise shall

specifically address each of the noncontiguous areas.

 

History Note:        Authority G.S. 55D-5; 55D-10; 66-352;

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

SECTION .0600 – NOTICE OF COMMENCEMENT OF SERVICE

 

18 NCAC 13 .0601             NOTICE OF COMMENCEMENT OF SERVICE

A notice of commencement of service shall include:

(1)           The effective date of the notice of franchise for

that service area as determined pursuant to Rule .0208 of this Chapter as noted

on the copy of the notice of franchise returned by the Department to the filer

and available on the Department's website;

(2)           The franchise number assigned by the Department;

(3)           Either verification that there have been no changes

in the information on the notice of franchise with regard to the identity,

address and contact information of the filer or amendment of that information;

(4)           A map of the service area which complies with

Section .0400 of this Chapter;

(5)           A description of the service area which complies

with Section .0400 of this Chapter;

(6)           A statement confirming that cable service has begun

in the service area; and

(7)           The date on which cable service began.

 

History Note:        Authority G.S. 55D-5; 55D-10; 66-352(b);

66-354(a);

Eff. November 1, 2007.

 

SECTION .0700 – NOTICE OF WITHDRAWAL

 

18 NCAC 13 .0701             MINIMUM REQUIREMENTS

A notice of withdrawal must include:

(1)           The name of the franchisee as stated on the

notice of franchise;

(2)           The date of the notice of franchise;

(3)           The cities and counties identified in the

original notice of franchise;

(4)           The date upon which the franchisee will

cease providing service; and

(5)           The franchise number assigned by the

Department.

 

History Note:        Authority G.S. 55D-5; 55D-10; 66-352(d); 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0702             WITHDRAWAL NOTICE COVERS ENTIRE

SERVICE AREA

A withdrawal of a notice of franchise applies to the entire

franchise service area.

 

History Note:        Authority G.S. 55D-5; 55D-10; 66-352(d); 66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

SECTION .0800 – ANNUAL SERVICE REPORT

 

18 NCAC 13 .0801             ONE ANNUAL SERVICE REPORT PER

FRANCHISE

 

History Note:        Authority G.S. 55D-5; 55D-10(b)(7);

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Temporary Adoption Expired November 1, 2007.

 

18 NCAC 13 .0802             ANNUAL SERVICE REPORT DESCRIPTION

AND MAP INFORMATION

Description and map information filed in an annual service

report must correspond with description and map information in the notice of

franchise to which the annual service report applies.

 

History Note:        Authority G.S. 55D-5; 55D-10(b)(7); 66-353;

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0803             ANNUAL SERVICE REPORT SCHEDULE

The explanation included in an annual service report for a

new schedule and the accompanying new schedule shall be linked to the

description and map of the franchise service area in a manner which permits a person

reading the explanation to determine whether or not the new schedule affects an

area.  Note:  For example, an explanation and new schedule would be linked to

the service area description if it stated:  Households in the northern quadrant

of the service area were scheduled to be passed in 2007.  That schedule has now

changed because flooding due to Hurricane XYZ prevented passing those

households.  Those households are now scheduled to be passed in 2008.

 

History Note:        Authority G.S. 55D-5; 55D-10(b)(7); 66-353;

66-354(a);

Eff. November 1, 2007.

 

18 NCAC 13 .0804             REQUIRED CUSTOMER SERVICE

INFORMATION

An annual service report shall specify the extent to which

the following requirements contained in 47 C.F.R. Part 76 have been met:

(1)           47 C.F.R. 76.309 Customer service obligations;

(2)           47 C.F.R. 76.1602 Customer service--general

information;

(3)           47 C.F.R. 76.1603 Customer service--rate and

service changes; and

(4)           47 C.F.R. 76.1604 Charges for customer service

changes.

A cable service franchise holder may include additional

information regarding compliance with customer service requirements in Part 76

of Title 47 of the Code of Federal Regulations in the annual report. 

 

History Note:        Authority G.S. 55D-5; 55D-10(b)(7); 66-353;

66-354(a); 66-356(b); 47 C.F.R. Part 76;

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.

 

18 NCAC 13 .0805             ANNUAL SERVICE REPORT PERCENTAGE OF

HOUSEHOLDS PASSED

When listing the percentage of households passed in the

service area as of July 1 of any preceding year for which a report was

required, a filer shall list the percentage that was set forth on the annual

service report for the immediately preceding year.  A filer is not required to

list percentages for other prior years in which another annual service report

was filed.

 

History Note:        Authority G.S. 55D-5; 55D-10(b)(7); 66-353;

66-354(a);

Eff. November 1, 2007.

 

SECTION .0900 – RECORDS

 

18 NCAC 13 .0901             ACCESSING PUBLIC RECORDS

Records may be physically viewed at the Department by the

public on weekdays during normal operating hours, except on State holidays.  A

list of State holidays may be viewed at:  http://www.osp.state.nc.us/holsched.htm.

 

History Note:        Authority G.S. 55D-5; 55D-10(b)(7);

66-354(a);

Temporary Adoption Eff. January 1, 2007;

Eff. November 1, 2007.