FCC Web Documents citing 25.701

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • of this Part only as the portion of a cable system that delivers channels in digital format to subscribers at the input of a Unidirectional Digital Cable Product or other navigation device; wireline video systems; wireless cable systems which may consist of Broadband Radio Service (BRS), or Educational Broadband Service (EBS) stations; DBS services, as defined in 47 C.F.R. � 25.701(a) (including certain Ku-band Fixed-Satellite Service Direct to Home providers); SDARS, as defined in 47 C.F.R. � 25.201; participating broadcast networks, cable networks and program suppliers; and other entities and industries operating on an organized basis during emergencies at the National, State and local levels. These entities are referred to collectively as EAS Participants in this Part, and are subject to
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  • defined for purposes of this part only as the portion of a cable system that delivers channels in digital format to subscribers at the input of a Unidirectional Digital Cable Product or other navigation device; wireline video systems; wireless cable systems which may consist of Broadband Radio Service (BRS), or Educational Broadband Service (EBS) stations; DBS services, as defined in �25.701(a) of this chapter (including certain Ku-band Fixed-Satellite Service Direct to Home providers); SDARS, as defined in �25.201 of this chapter; participating broadcast networks, cable networks and program suppliers; and other entities and industries operating on an organized basis during emergencies at the National, State and local levels. These entities are referred to collectively as EAS Participants in this part, and
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  • Appendices 30 and 30A of the International Radio Regulations. Communications between 0.75-meter earth stations and the PanAmSat Galaxy XI satellite shall be in compliance with the satellite coordination agreements reached between PanAmSat and Loral Skynet. DBAC's DBS and DTH operations must comply with all rules applicable to other Commission DBS/DTH licensees (e.g., the public interest obligations of 47 C.F.R. � 25.701). IT IS FURTHER ORDERED that this Order is issued pursuant to Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. � 0.261. This Order SHALL BE EFFECTIVE upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. �� 1.106 and 1.115, may be filed within 30
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1526A1_Erratum.doc
  • Appendices 30 and 30A of the International Radio Regulations. Communications between 0.75-meter earth stations and the PanAmSat Galaxy XI satellite shall be in compliance with the satellite coordination agreements reached between PanAmSat and Loral Skynet. DBAC's DBS and DTH operations must comply with all rules applicable to other Commission DBS/DTH licensees (e.g., the public interest obligations of 47 C.F.R. � 25.701). IT IS FURTHER ORDERED that this Order is issued pursuant to Section 0.261 of the Commission's rules on delegations of authority, 47 C.F.R. � 0.261. This Order SHALL BE EFFECTIVE upon release. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules, 47 C.F.R. �� 1.106 and 1.115, may be filed within 30
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  • at 12294, 12296. In this respect, we note that SES AMERICOM and Columbia are currently providing these services to customers under agreements they claim were in place prior to consummation of the transaction approved in the GE/SES Global Transfer Order or under extensions of those agreements. See Narrative at 3. See e.g., public interest obligations imposed by 47 CFR section 25.701. See supra note 39 and accompanying text. Narrative at 9-10, citing GE/SES Transfer Order, 16 FCC Rcd 17575-76, 17583-97. Narrative at 10, citing GE/SES Transfer Order, 16 FCC Rcd 17591-92. For example, no party has argued that the Applicants will be uniquely positioned to offer foreign-originated DTH service in the United States over their U.S. licensed satellites directly or through
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  • Dortch, Secretary, FCC, dated June 23, 2004. Letter from William Wiltshire, Counsel for DIRECTV, to Marlene H. Dortch, Secretary, FCC, dated July 6, 2004. See Letter from William Wiltshire, Counsel for DIRECTV to Thomas Tycz, Chief, Satellite Division, dated May 24, 2004, at page 2, File No. SAT-STA-20040107-00002. DIRECTV will continue to be considered a ``DBS provider,'' pursuant to Section 25.701 of the Commission's Rules, 47 C.F.R. � 25.701, in connection with the operations of the DIRECTV satellite at the 72.5� W.L. orbital location. See Amendment of the Commission's Regulatory Policies to Allow Non-U.S. Licensed Satellites Providing Domestic and International Service in the United States, Report and Order, IB Docket No. 96-111, 12 FCC Rcd 24094 (1997) (DISCO II or DISCO
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  • word ``each.'' ``Audit Period'' means the period from July 1, 2003, through July 12, 2004. ``Bureau'' means the FCC's Enforcement Bureau. ``Cable Operator'' has the definition contained in 47 U.S.C. � 522(5). ``Charter'' means Charter Communications, Inc., a Cable Operator in Spring, Texas. ``Children's Programming Commercial Limits'' means the requirements contained in 47 U.S.C. � 303a and 47 C.F.R. �� 25.701(e) and 76.225. ``Commercial Matter'' and ``Children's Programming'' have the respective definitions contained in 47 C.F.R. �� 25.701(e) and 76.225. ``Commission'' or ``FCC'' means the Federal Communications Commission. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. ``Final Order'' means that, with respect to the Adopting Order: (1) no request for stay or similar request is pending,
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  • the word ``or.'' The word ``each'' shall be construed to include the word ``every,'' and the word ``every'' shall be construed to include the word ``each.'' ``Bureau'' means the FCC's Enforcement Bureau. ``Cable Operator'' has the definition contained in 47 U.S.C. � 522(5). ``Children's Programming Commercial Limits'' means the requirements contained in 47 U.S.C. � 303a and 47 C.F.R. �� 25.701(e) and 76.225. ``Commercial Matter'' and ``Children's Programming'' have the respective definitions contained in 47 C.F.R. �� 25.701(e) and 76.225. ``Commission'' or ``FCC'' means the Federal Communications Commission. ``Cox'' means CoxCom, Inc. d/b/a Cox Communications San Diego, a Cable Operator in San Diego, California. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. ``Final Order'' means that,
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  • rules, it is unnecessary to seek response or comment from DIRECTV. For the reasons discussed above, and pursuant to delegated authority, the Petition filed by the Secular Coalition of America is denied. Sincerely, W. Kenneth Ferree Chief, Media Bureau cc: William M. Wiltshire Harris, Wiltshire & Grannis Counsel for DIRECTV 1200 Eighteenth St., N.W. Washington, D.C. 20036 47 C.F.R. � 25.701. Implementation of Section 25 of the Cable Television and Consumer Protection and Competition Act of 1992(``Order''), 13 FCC Rcd 23254 (1998). Id. at 23290. Id. at 23294. See 47 U.S.C. � 335(b). The Complaint alleges violation of the Establishment Clause of the First Amendment as well as the Equal Protection Clause of the Fourteenth Amendment. 47 C.F.R. � 25.701; Order
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  • shall be in compliance with the satellite coordination agreements reached between Canada and other administrations and in a manner consistent with Appendices 30 and 30A of the International Radio Regulations of the International Telecommunication Union. Pegasus's DBS and DTH operations must comply with all rules applicable to other Commission DBS/DTH licensees (e.g., the public interest obligations of 47 C.F.R. � 25.701). The equivalent isotropically radiated power (E.I.R.P.) of Pegasus's hub earth station in Cohoes, New York is limited to 87.4 dBW. Pegasus must complete construction of its hub earth station and commence operation of its network within 12 months of the date of this Order in accordance with 47 C.F.R. � 25.133(a). Pegasus must file timely certifications of construction in accordance
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  • Chief, Satellite Division, International Bureau, dated May 31, 2005, File No. SAT-STA-20050203-00018. EchoStar requested confidential treatment for the attachment to the response letter. 47 U.S.C. � 338 as amended by The Satellite Home Viewer and Reauthorization Act of 2004, Pub. L. No. 108-447, 118 Stat 2809, 3393 (2004). EchoStar will continue to be considered a ``DBS provider,'' pursuant to Section 25.701 of the Commission's Rules, 47 C.F.R. � 25.701, in connection with the operations of the EchoStar satellite at the 129� W.L. orbital location. See Amendment of the Commission's Regulatory Policies to Allow Non-U.S. Licensed Satellites Providing Domestic and International Service in the United States, Report and Order, IB Docket No. 96-111, 12 FCC Rcd 24094 (1997) (DISCO II or DISCO
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  • and subject to the following conditions: EchoStar is not authorized to provide programming to U.S. customers that it obtains through exclusive agreements entered into with Canadian licensed space station operators, program suppliers, and/or program distributors. EchoStar must comply with all rules applicable to other Commission licensees (e.g., the public interest obligations of DTH/FSS providers in the Ku-band, 47 C.F.R. � 25.701). IT IS FURTHER ORDERED that EchoStar's request to waive Section 25.133 of the Commission's rules, 47 C.F.R. � 25.133, is DISMISSED as moot. IT IS FURTHER ORDERED that, unless extended by the Commission for good cause shown, EchoStar's authority to receive DTH FSS from ANIK F3 shall be null and void by its own terms in the event the space
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  • 2006 By the Chief, Media Bureau: On November 28, 2005, Farm Journal, Inc. (``Farm Journal'') filed a Petition for Declaratory Ruling asking the Commission to find that RFD Communications, Inc. (``RFD-TV'') fails to satisfy the eligibility requirements of an educational programming supplier for purposes of carriage by DBS providers in fulfillment of their public interest obligations under 47 C.F.R. � 25.701. By Public Notice, released April 20, 2006, the Media Bureau set the date for filing comments and responses as May 22, 2006, and set the date for filing replies as June 6, 2006. On May 22, 2006, RFD TV filed a Motion for Extension of Time (Motion) requesting an extension until June 21, 2006 to file comments and responses in
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  • service (e.g., by replacement of subscriber antennas). We have similarly conditioned other market access grants when a higher priority filing existed at the ITU. General DBS Requirements Spectrum Five will be subject to the same service rules and obligations as existing DBS licensees. This includes the geographic service area requirements under Section 25.148(c), the public service obligations detailed in Section 25.701, and the emergency alert system rules in 47 C.F.R. Part 11. These rules apply to DBS, regardless of whether a licensee's satellites are part of the original Region 2 Plans, because the rules apply to all entities licensed to operate DBS satellites serving the United States in the 12.2-12.7 GHz DBS frequency band. In addition, DBS licensees, including licensees of
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  • licensing framework, including the bond requirement of Section 25.165, to DBS. If the Commission adopts rules requiring DBS licensees to post a bond, we will modify EchoStar's authorization for the EchoStar-86.5W satellite accordingly. General DBS Requirements EchoStar will be subject to the same service rules and obligations as existing DBS licensees. This includes the public service obligations detailed in Section 25.701 of the Commission's rules, the emergency alert system rules in Part 11 of the Commission's rules, and the spacecraft end-of-life disposal requirements in Section 25.283 of the Commission's rules. These rules apply to DBS, regardless of whether a licensee's satellites are part of the original Region 2 Plans, because the rules apply to all entities licensed to operate DBS satellites
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  • Centers 02/29/08 3060-1060 Wireless E911 Coordination Initiative Letter 07/31/07 3060-1061 Earth Stations on Board Vessels (ESVs) 05/31/08 3060-1062 Schools and Libraries Universal Service Support Mechanism - Notification of Equipment Transfers 07/31/07 3060-1063 Global Mobile Personal Communications by Satellite (GMPCS) Authorization, Marketing and Importation Rules 07/31/07 3060-1064 Regulatory Fee Assessment True-Ups, NPRM, MD Docket No. 05-59, FCC 05-35 05/31/08 3060-1065 Sec. 25.701 08/31/07 3060-1066 FCC 312-R 09/30/07 3060-1067 FCC 312-EZ 09/30/07 3060-1068 Enhanced 911 Emergency Calling Systems, Scope of Service for CMRS 11/30/07 3060-1069 Rules and Policies Concerning Attribution of Joint Sales Agreements in Local Television Markets, NPRM, MB Docket No. 94-246 11/30/07 3060-1070 Allocations and Service Rules for the 71-76 GHz, 81-86 GHz, and 92-95 GHz Bands 12/31/08 3060-1071 Rural Wireless
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  • subject to the following conditions: EchoStar is not authorized to provide programming to U.S. customers that it obtains through exclusive agreements entered into with Canadian licensed space station operators, program suppliers, and/or program distributors. EchoStar must comply with all rules applicable to other Commission licensees (e.g., the public interest obligations of DTH FSS providers in the Ku-band, 47 C.F.R. � 25.701). IT IS FURTHER ORDERED that EchoStar Satellite, LLC's request, File No. SES-LIC-20050621-00799, as amended by SES-AMD-20051118-01601, IS GRANTED, and Echostar's earth station authorization, Call Sign E050181, IS MODIFIED to specify the AMC-16 space station at 118.75� W.L. orbital location as an authorized point of communication in the 11.7-12.2 GHz/14.0-14.5 GHz frequency band subject to the following condition: Communications between the
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  • AS A DBS PUBLIC INTEREST NONCOMMERCIAL PROGRAMMER On November 28, 2005, Farm Journal, Inc. (``Farm Journal'') filed a Petition for Declaratory Ruling asking the Commission to find that RFD Communications, Inc. (``RFD-TV'') fails to satisfy the eligibility requirements of an educational programming supplier for purposes of carriage by DBS providers in fulfillment of their public interest obligations under 47 C.F.R. �25.701. Farm Journal alleges that RFD-TV's programming contains commercial advertisements and is therefore ineligible for carriage on channels that DBS providers reserve for qualified nonprofit organizations or noncommercial educational entities. We request public comment on the issues raised by this filing. We are assigning this proceeding a Commission docket number, MB 06-92, in order to facilitate filing public comment. Pursuant to
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  • Date: September 24, 2007 On May 18, 2007, the Hispanic Information and Telecommunications Network, Inc. (``HITN'') filed a Petition for Declaratory Ruling asking the Commission to find that V-Me Media, Inc. (``V-Me'') fails to satisfy the eligibility requirements of an educational programming supplier for purposes of carriage by DBS providers in fulfillment of their public interest obligations under 47 C.F.R. �25.701. We request comment on the issues raised by HITN's petition. Parties must file responses to the petition for Declaratory Ruling on or before September 7, 2007, and reply comments must be filed on or before September 24, 2007. We are assigning this proceeding a Commission Docket Number, MB Docket No. 07-170, in order to facilitate filing public comments. All filings
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  • Centers 02/29/08 3060-1060 Wireless E911 Coordination Initiative Letter 10/31/07 3060-1061 Earth Stations on Board Vessels (ESVs) 05/31/08 3060-1062 Schools and Libraries Universal Service Support Mechanism - Notification of Equipment Transfers 07/31/10 3060-1063 Global Mobile Personal Communications by Satellite (GMPCS) Authorization, Marketing and Importation Rules 03/31/10 3060-1064 Regulatory Fee Assessment True-Ups, NPRM, MD Docket No. 05-59, FCC 05-35 05/31/08 3060-1065 Sec. 25.701 06/30/10 3060-1066 FCC 312-R 03/31/10 3060-1067 FCC 312-EZ 05/31/10 3060-1068 Enhanced 911 Emergency Calling Systems, Scope of Service for CMRS 11/30/07 3060-1069 Rules and Policies Concerning Attribution of Joint Sales Agreements in Local Television Markets, NPRM, MB Docket No. 94-246, FCC 04-173 08/31/10 3060-1070 Allocations and Service Rules for the 71-76 GHz, 81-86 GHz, and 92-95 GHz Bands 12/31/08 3060-1078
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  • Mobile Personal Communications by Satellite (GMPCS)/E911 Call Centers 01/31/11 3060-1060 Wireless E911 Coordination Initiative Letter 10/31/10 3060-1061 Earth Stations on Board Vessels (ESVs) 04/30/11 3060-1062 Schools and Libraries Universal Service Support Mechanism - Notification of Equipment Transfers 07/31/10 3060-1063 Global Mobile Personal Communications by Satellite (GMPCS) Authorization, Marketing and Importation Rules 03/31/10 3060-1064 Regulatory Fee Assessment True-Ups 06/30/11 3060-1065 Sec. 25.701 06/30/10 3060-1066 FCC 312-R 03/31/10 3060-1067 FCC 312-EZ 05/31/10 3060-1069 Rules and Policies Concerning Attribution of Joint Sales Agreements in Local Television Markets, NPRM, MB Docket No. 94-246, FCC 04-173 08/31/10 3060-1070 Allocations and Service Rules for the 71-76 GHz, 81-86 GHz, and 92-95 GHz Bands 12/31/08 3060-1078 Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and
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  • product or service and promotions of television programs or video programming services other than children's or other age-appropriate programming appearing on the same channel or promotions for children's educational and informational programming on any channel.'' See 47 C.F.R. �� 73.670(a) Note 1, 76.225(a) Note 1. See 47 C.F.R. �� 73.670 (applicable to television broadcasters), 76.225 (applicable to cable operators), and 25.701 (applicable to DBS). The Commission's commercial time rules implemented the Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. �� 303a, 303b and 394 (``CTA''). In the CTA, Congress directed the Commission to adopt rules that limit the amount of commercial matter that television stations may air during children's programming, and to consider
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  • the request by Black Television News Channel IS DENIED. This action is taken by the Chief, Media Bureau, pursuant to authority delegated by Section 0.283, 47 C.F.R. �0.283, of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau Request for Temporary Waiver of Black Television News Channel (``BTNC''), Inc., filed Mar. 16, 2007. See 47 C.F.R. � 25.701. See Cable Television Consumer Protection and Competition Act of 1992 (``1992 Cable Act''), Pub. L. No. 102-385, 106 Stat. 1460 (1992) (codified at 47 U.S.C. � 335). See 47 U.S.C. � 335(b)(1). 47 U.S.C. � 335(b)(3). 47 U.S.C. � 335(b)(5)(B). See Implementation of Section 25 of the Cable Television and Consumer Protection Act of 1992, Direct Broadcast Satellite Public Interest
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  • May 9, 2003 By the Deputy Chief, Satellite Division, International Bureau: On May 7, 2003, the International Bureau issued an Order (DA 03-1526) in the above-captioned proceeding. Paragraph 39(f) is corrected to read as follows: DBAC's DBS and DTH operations must comply with all rules applicable to other Commission DBS/DTH licensees (e.g., the public interest obligations of 47 C.F.R. � 25.701). This erratum was adopted prior to publication of DA 03-1526 and shall be effective upon release. FEDERAL COMMUNICATIONS COMMISSION Cassandra Thomas Deputy Chief Satellite Division International Bureau (...continued from previous page) (continued....) Federal Communications Commission DA 02-285 Federal Communications Commission � F �
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  • the Act and the Commission's rules to reserve four percent of their channel capacity for access by qualified programmers for "noncommercial programming of an educational or informational nature." 47 U.S.C. 4 335. Access to the reserved capacity on each DBS system must be offered at reduced rates and is limited to one channel per qualified program supplier. 47 C.F.R. 0 25.701. Cable systems retransmit broadcast signals pursuant to the statutory copyright license, under which the cable industry carries thousands of broadcast stations and currently pays approximately $120 million in royalties to copyright owners each year. The statutory license requires cable systems to pay royalties based on a percentage of revenues associated with the tiers of service they offer that include broadcast
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  • combined company shall adhere to the additional requirements set forth in the merger order, including a limitation of one NCE channel per programmer as long as demand for such channels exceeds available supply. The merger order applies to the merged entity the rules governing Direct Broadcast Satellite (``DBS'') providers' carriage of noncommercial educational or informational programming set forth in section 25.701(f) of the Commission's rules, 47 C.F.R. � 25.701(f). Service to Puerto Rico Within three months of consummation of the merger, the combined company must file applications with the Commission to provide the Sirius satellite radio service to the Commonwealth of Puerto Rico using terrestrial repeaters and must promptly introduce such service upon grant of permanent authority by the Commission to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • a distinct operating unit manages the network. The 16 SPANs identified as independent are: Arizona, Alaska, California, Colorado, Connecticut, Florida, Illinois, Michigan, Montana, Nebraska, Ohio, Pennsylvania, Oregon, South Carolina, Washington, and Wisconsin. 47 Meeting with NAPAN members with FCC sta (June 7, 2010). 48 Giguere Email 11/18/10. 49 Giguere Email 9/14/10. 50 47 U.S.C. � 335(b). 51 47 C.F.R. � 25.701(f). 52 47 C.F.R. � 25.701(f). 53 Giguere Email 11/18/10. 54 NAPAN Meeting 11/4/10. 55 NAPAN Meeting 11/4/10. 56 WisconsinEye Email 9/16/10. 57 Email from Paul Giguere to Simon Banyai, FCC (Sept. 7, 2010). 9 Satellite 1 See Implementation of Section 25 of the Cable Television Consumer Protection and Competition Act of 1992, Direct Broadcast Satellite Public Interest Obligation, Second Order
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  • specific rule changes that we adopt today. Incorporating DBS Service Rules into Part 25 Part 100 Section Commission Action Existing Part 25 Section Section 100.1 (Basis and purpose) eliminate covered by Section 303(v) of the Communications Act Section 100.3 (Definitions) amend and move Section 25.201 Section 100.5 (Public Interest Obligations) amend and move new Subpart J-Public Interest Obligations new Section 25.701, et seq. Section 100.11 (Eligibility) eliminate covered by Section 310(b) of the Communications Act Section 100.13 (Application) eliminate covered by Part 25, Subpart B-Applications and Licenses Section 100.15 (Licensing) eliminate covered by Part 25, Subpart B-Applications and Licenses Section 100.17 (License term) amend and move new Section 25.148(a) Section 100.19 (Due diligence) move new Section 25.148(b) Section 100.21 (Technical) amend
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  • David R. Goodfriend, Director, Legal and Business Affairs, EchoStar Satellite Corporation, to W. Kenneth Ferree, Chief, Media Bureau, FCC (Nov. 19, 2002). Under our rules, a DBS provider may charge no more than 50% of the direct costs involved in making capacity available to carry a qualified noncommercial programmer counted in satisfaction of the set-aside rule. See 47 C.F.R. � 25.701(c)(5). Notice, 17 FCC Rcd at 11582. Comcast Comments at 3-4. Id. at 5. NCTA Comments at 29. Id. at 30. Id. at 31. Some ``per channel'' services are offered on a ``multiplexed'' basis. That is, the subscriber receives essentially the same programming repeated on several channels on a different time schedule. For rate regulation purposes, Congress has indicated that such
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  • common carriage of public-originated transmissions must come specifically from Congress). Id. at 708. 47 U.S.C. � 531. Although DBS is required to set aside 4% of capacity for public interest (``non-commercial, educational, and informational'') programming pursuant to Section 335 of the Act, we do not have authority to adopt the broader rights advocated. 47 U.S.C. � 335(b) and 47 C.F.R. 25.701. 47 U.S.C. � 535. 47 U.S.C. � 338. Future of Music Coalition Comments at 91-92. We decline to engage in a far reaching inquiry into possible harms in markets that are outside the Commission's jurisdiction or outside the scope of this proceeding. See, e.g., Jennifer Poole Comments at 1-2 (arguing that consolidation will lead to a loss of pay and
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  • provide for certification, we agree with Loral that the rules should be clarified to permit FSS Part 25 licensees to rely reasonably on certifications by lessees or programmers for the DBS public interest obligations. Thus, we clarify that an FSS Part 25 licensee may demonstrate compliance with the provisions of Sections 100.5(b) and (c) of the Commission's rules (new Section 25.701(b) and (c) by submitting a certification from a distributor that expressly states that the distributor has complied with the obligations of Section 335 of the Act. Moreover, we will not hold an FSS Part 25 licensee responsible for a distributor's false certification that it has complied with the public service requirements if the licensee could reasonably have concluded that the
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  • provide for certification, we agree with Loral that the rules should be clarified to permit FSS Part 25 licensees to rely reasonably on certifications by lessees or programmers for the DBS public interest obligations. Thus, we clarify that an FSS Part 25 licensee may demonstrate compliance with the provisions of Sections 100.5(b) and (c) of the Commission's rules (new Section 25.701(b) and (c)) by submitting a certification from a distributor that expressly states that the distributor has complied with the obligations of Section 335 of the Act. Moreover, we will not hold an FSS Part 25 licensee responsible for a distributor's false certification that it has complied with the public service requirements if the licensee could reasonably have concluded that the
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  • Life, NASA-TV, RFD-TV, The Word, Daystar, and BYU-TV. DirecTV Comments at 16. 2002 Report, 17 FCC Rcd at 26964 � 151. Under the Commission's rules, a DBS provider may charge no more than 50% of the direct costs involved in making capacity available to carry a qualified noncommercial programmer counted in satisfaction of the set-aside rule. See 47 C.F.R. � 25.701(c)(5). NCTA Comments at 65-67, Appendix C. Id. See also Comcast Comments at 24 -25. Comcast Comments at 38. Time Warner Comments at 10. DirecTV Comments at 16; Cox Comments at 7-8; Comcast Comments at 24. DirecTV Comments at 16; Cox Comments at 8, n.8. See generally SkyReport, Niche Programming, 2 The Bridge (Sept. 2003) (describing non-English and other niche programming
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  • establish procedures under which the cable operator may utilize unused PEG channel capacity for other services. 47 U.S.C. � 531(d)(1). NATOA Comments at 30. Id. Comcast Comments at 24. See Implementation of Section 25 of the Cable Television Consumer Protection and Competition Act of 1992, Direct Broadcast Satellite Public Interest Obligation, 19 FCC Rcd 5647 (2004). See 47 U.S.C. � 25.701. DIRECTV Comments at Exhibit H. DIRECTV states that when faced with a capacity constraint, it must choose the most qualified programming, which will make its overall service offering as attractive and compelling for viewers as possible. DIRECTV attaches a copy of its instructions to programmers applying for access to its channel capacity. See DIRECTV Comments at Exhibit I. EchoStar Comments
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  • direct-to-home (DTH) satellite services. DTH satellite services include DBS and Home Satellite Dish (HSD) services. Under our current Part 11 rules, DBS providers and HSD providers are not required to participate in EAS, but may participate on a voluntary basis. The Commission has encouraged such participation. For purposes of this Order, DBS providers include the entities set forth in section 25.701(a) of our rules. Accordingly, DBS providers include: (1) entities licensed to operate satellites in the 12.2 to 12.7 GHz DBS frequency bands; (2) entities licensed to operate satellites in the Ku band fixed satellite service (FSS) and that sell or lease capacity to a video programming distributor that offers service directly to consumers providing a sufficient number of channels so
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1_Erratum.doc
  • direct-to-home (DTH) satellite services. DTH satellite services include DBS and Home Satellite Dish (HSD) services. Under our current Part 11 rules, DBS providers and HSD providers are not required to participate in EAS, but may participate on a voluntary basis. The Commission has encouraged such participation. For purposes of this Order, DBS providers include the entities set forth in section 25.701(a) of our rules. Accordingly, DBS providers include: (1) entities licensed to operate satellites in the 12.2 to 12.7 GHz DBS frequency bands; (2) entities licensed to operate satellites in the Ku band fixed satellite service (FSS) and that sell or lease capacity to a video programming distributor that offers service directly to consumers providing a sufficient number of channels so
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  • such use, with one channel designated for each type of programming (i.e., public, educational, and governmental programming). See Vermont Department of Public Service, at http://publicservice.vermont.gov/cable/cable-pegaccess.html (visited Oct. 25, 2005). See Implementation of Section 25 of the Cable Television Consumer Protection and Competition Act of 1992, Direct Broadcast Satellite Public Interest Obligation, 19 FCC Rcd 5647 (2004). See 47 U.S.C. � 25.701. EchoStar currently carries the following public interest channels: Brigham Young University, Classic Arts Showcase, Colours TV, Free Speech TV, Good Samaritan Network, Hispanic Information & Telecommunications Network, Worldlink TV, Northern Arizona University, Panhandle Area Education, PBS YOU, Research Channel, RFDTV, University of California, and University of Washington. EchoStar Comments at 13. DIRECTV currently carries the following public interest channels: HITN-TV,
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  • and Order, 1 FCC Rcd 1001, 1005-06 (1987). Revision of Rules and Policies for the Direct Broadcast Satellite Service, Report and Order, 11 FCC Rcd 9712 at �� 129-30 (1995). Licensees for Reduced Spacing DBS satellites will, of course, be subject to geographic service requirements imposed by 47 C.F.R. � 25.148(c) and public interest obligations imposed by 47 C.F.R. � 25.701. Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range; Amendment of the Commission's Rules to Authorize Subsidiary Terrestrial Use of the 12.2-12.7 GHz Band by Direct Broadcast Satellite Licensees and Their Affiliates; and Applications of Broadwave USA, PDC Broadband Corporation, and
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  • MVPDs often aggregate these versions of on-demand networks into a single on-demand channel for subscriber selection and playback. 2005 Report, 21 FCC Rcd at 2575 � 157 n.568. Id. at 2575-79 �� 157-164. DBS operators' public interest obligation requires them to reserve four percent of their channel capacity for ``noncommercial programming of an educational or informational nature.'' 47 C.F.R. � 25.701. See Implementation of Section 25 of the Cable Television and Consumer Protection Act of 1992, Direct Broadcast Satellite Public Interest Obligations, 13 FCC Rcd 23254 (1998). Recently. there has been some dispute about whether certain programming carried on set-aside capacity meets the requirements set forth in the Commission rules. See Petition for Declaratory Ruling Regarding RFD Communications, Inc. and Its
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  • 4, 2006 By the Commission: INTroduction In this Order, we grant the Petition for Declaratory Ruling filed by Farm Journal, Inc. (``Farm Journal'') seeking a finding that RFD-TV, a programming service owned and operated by RFD Communications, Inc., fails to qualify for carriage by direct broadcast satellite (``DBS'') providers in fulfillment of their public interest obligations under 47 C.F.R. � 25.701. Specifically, Farm Journal alleges that RFD-TV's programming contains commercial advertisements and is therefore ineligible for carriage on channels that DBS providers reserve for qualified nonprofit organizations or noncommercial educational entities. For the reasons discussed below, based upon the specific facts and circumstances found in this matter before us, we find that RFD-TV does not qualify for carriage on capacity set
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  • the 12.2 to 12.7 GHz DBS frequency bands; entities licensed pursuant to Part 25 of the Commission's rules to provide FSS, via the Ku-band, that sell or lease transponder capacity to a video program distributor who offers the specified number of direct-to-home video channels to consumers; and non-U.S. licensed satellites providing DBS or DTH-FSS services in the United States. Section 25.701 of our rules requires these providers to meet certain political broadcast requirements, compliance with children's television advertising limits, and to set aside four percent of channel capacity for noncommercial, educational or informational programming. Section 335 was enacted in 1992 and does not expressly identify satellite licensees in the 17/24 GHz band because this band was not then allocated domestically for
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  • the 12.2 to 12.7 GHz DBS frequency bands; entities licensed pursuant to Part 25 of the Commission's rules to provide FSS, via the Ku-band, that sell or lease transponder capacity to a video program distributor who offers the specified number of direct-to-home video channels to consumers; and non-U.S. licensed satellites providing DBS or DTH-FSS services in the United States. Section 25.701 of our rules requires these providers to meet certain political broadcast requirements, compliance with children's television advertising limits, and to set aside four percent of channel capacity for noncommercial, educational or informational programming. Section 335 was enacted in 1992 and does not expressly identify satellite licensees in the 17/24 GHz band because this band was not then allocated domestically for
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  • of this Part only as the portion of a cable system that delivers channels in digital format to subscribers at the input of a Unidirectional Digital Cable Product or other navigation device; wireline video systems; wireless cable systems which may consist of Broadband Radio Service (BRS), or Educational Broadband Service (EBS) stations; DBS services, as defined in 47 C.F.R. � 25.701(a) (including certain Ku-band Fixed-Satellite Service Direct to Home providers); SDARS, as defined in 47 C.F.R. � 25.201; participating broadcast networks, cable networks and program suppliers; and other entities and industries operating on an organized basis during emergencies at the National, State and local levels. These entities are referred to collectively as EAS Participants in this Part, and are subject to
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  • � 531. Local franchise authorities are allowed to establish procedures under which the cable operator may utilize unused PEG channel capacity for other services. 47 U.S.C. � 531(d)(1). Id. See Implementation of Section 25 of the Cable Television Consumer Protection and Competition Act of 1992, Direct Broadcast Satellite Public Interest Obligation, 19 FCC Rcd 5647 (2004). See 47 U.S.C. � 25.701. EchoStar currently carries the following public interest channels: Brigham Young University, Classic Arts Showcase, Colours TV, C-SPAN, Eternal World Network, Florida Educational Channel, Free Speech TV, Good Samaritan Network, Hispanic Information & Telecommunications Network, Holistic Television Network, KBS World, NASA TV, Northern Arizona University, Pentagon Research Channel, The Documentary Channel, Trinity Broadcasting network, University of California, University of Washington, and
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  • 10640 (2007) (``Inside Wiring''). See Letter from Bradley K. Gillen, Counsel for EchoStar Satellite L.L.C., to Marlene H. Dortch, Secretary, FCC, Mar. 28, 2007 (Ex Parte Presentation in MB Docket No. 06-189). Id. DBS operators' public interest obligation requires them to reserve 4 percent of their channel capacity for ``noncommercial programming of an educational or informational nature.'' 47 C.F.R. � 25.701. See Implementation of Section 25 of the Cable Television and Consumer Protection Act of 1992, Direct Broadcast Satellite Public Interest Obligations, 13 FCC Rcd 23254 (1998). 47 C.F.R. � 76.1301(a). 47 C.F.R. � 76.1301(b). 47 C.F.R. � 76.1301(c). 47 C.F.R. � 76.504. See 47 C.F.R. � 76.1302(c), (d), (e). On March 2, 2007, the Commission adopted a Notice of Proposed
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  • is directly related to the cost of television advertising and declares it ``unfair that broadcasters charge such high prices for political ads the closer it gets to election day.'' (Charlotte Tr. 134-35). Reply Comments of The Alliance for Better Campaigns and The Campaign Legal Center (Jan. 3, 2005) at 4-7. Id. at 5-11. See 47 C.F.R. ��73.1943, 73.3526(e)(6), 73.3527(e)(5), 76.1701, 25.701(d). See 47 U.S.C. � 315(e). 47 U.S.C. � 315(e)(1)(A). 47 U.S.C. � 315(e)(1)(B). 47 C.F.R. � 73.1943 (broadcast); 47 C.F.R. � 76.1701 (cable); 47 C.F.R. � 25.701(d) (DBS). 47 C.F.R. � 73.1212(e). See Enhanced Disclosure Order. See supra note 37. See NOI, 19 FCC Rcd at 12434 � 24. See Radio Deregulation Order, 84 F.C.C.2d at 997 � 66 (``What
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  • authority to operate earth stations in the 17/24 GHz BSS should pay fees associated with the ``Fixed Satellite Transmit/Receive Earth Stations'' in Section 1.1107. There were no comments on our filing fee proposals and we adopt our fee proposals. Public Interest and Other Statutory Obligations Public Interest Obligations DBS and DTH Public Interest Obligations Adopted for 17/24 GHz BSS: Section 25.701 of our rules requires DBS providers to comply with certain political broadcast requirements and children's television advertising limits, and to set aside four percent of channel capacity for noncommercial, educational or informational programming. The entities subject to Section 25.701 include entities licensed to operate satellites in the 12.2 to 12.7 GHz DBS frequency bands; entities licensed pursuant to Part 25
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  • programmer without having to make further efforts to find other qualified programmers to fill the NCE set-aside channels. In determining how many channels must be made available at any point in time in fulfillment of Applicants' commitment to set aside 4 percent of their full-time audio channels for this purpose, the merged entity shall use the method specified in section 25.701(f)(1) of the Commission's rules. Specifically, the number of full-time audio channels shall be determined annually by calculating, based on measurements taken on a quarterly basis, the average number of channels available for audio programming on all satellites licensed to the provider during the previous year. In addition, as provided in the regulations implementing the DBS set-aside, Applicants may use this
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  • Ruling filed on May 18, 2007, and states that the latter petition raises one such issue regarding qualifications for carriage on the public interest set aside channels. In the Petition for Declaratory Ruling, HITN requests that the Commission issue a declaratory ruling that V-me Media, Inc., does not meet the requirements of a qualified national educational programming provider under section 25.701 of our rules, concerns that are similar to the issues raised in its Petition to Deny in this proceeding. We grant the withdrawal and note that Liberty Media and DIRECTV will be bound by the program carriage condition described above. Commercial programmers also raise concerns with respect to program carriage. For example, HDNet LLC (``HDNet'') alleged that DIRECTV engaged in
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  • and FNPRM''); Sponsorship Identification Rules and Embedded Advertising, Notice of Inquiry and Notice of Proposed Rule Making, 23 FCC Rcd 10682 (2008). Parties wishing to update the record on the issues of interactive television and embedded advertising in broadcasting and cable programming may file ex parte submissions in those proceedings. See 47 U.S.C. � 303a; see also 47 C.F.R. � 25.701(e); Implementation of Section 25 of the Cable Television Consumer Protection and Competition Act of 1992, Direct Broadcast Satellite Public Interest Obligations, Sua Sponte Reconsideration, 19 FCC Rcd 5647, 5668 (2004) (extending commercial limits rules to DBS operators). Certain changes in the commercial limits that have been applied to commercial television licensees and cable operators do not currently apply to DBS
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  • programming set-aside. We have received no evidence to suggest that this approach is not technologically sound or is otherwise flawed, and we believe that adopting a consistent approach for both set-asides will be administratively efficient. The methodology used for calculating Sirius XM's noncommercial educational or informational programming set-aside condition is adapted from the DBS set-aside methodology set forth in section 25.701(f)(1) of the Commission's rules. Following this approach, we direct Sirius XM to reserve four percent of its full-time audio channel capacity exclusively for use by Qualified Entities. The number of audio channels shall be determined annually by calculating, based on measurements taken on a quarterly basis, the average number of channels available for audio programming during the previous year. In
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  • 47 C.F.R. � 76.701. See 47 C.F.R. � 76.501, 47 C.F.R. � 76.503. A franchising authority may require a cable operator to use channel capacity for public, educational, or governmental (PEG) use. 47 U.S.C. � 531. DBS operators are required to reserve 4 percent of their channel capacity for noncommercial programming of an educational or informational nature. 47 C.F.R. � 25.701. See Comcast-NBCU Order at � 3; EchoStar-DIRECTV HDO, 17 FCC Rcd at 20609, � 115. MVPDs are experimenting with low-cost programming packages in a limited number of markets. For example, in November 2010, Time Warner Cable introduced a ``TV Essentials'' package with promotional rates of $30 to $40 per month in northeast Ohio and New York City. See Jeff Simmerman,
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  • defined for purposes of this part only as the portion of a cable system that delivers channels in digital format to subscribers at the input of a Unidirectional Digital Cable Product or other navigation device; wireline video systems; wireless cable systems which may consist of Broadband Radio Service (BRS), or Educational Broadband Service (EBS) stations; DBS services, as defined in �25.701(a) of this chapter (including certain Ku-band Fixed-Satellite Service Direct to Home providers); SDARS, as defined in �25.201 of this chapter; participating broadcast networks, cable networks and program suppliers; and other entities and industries operating on an organized basis during emergencies at the National, State and local levels. These entities are referred to collectively as EAS Participants in this part, and
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  • which incorporates by reference the ATSC A/53 Standard. See also supra note 11.). We note the Commission exempts MVPDs from liability under the closed captioning and children's television commercial limits for broadcast content they passively carry, because the Copyright Act of 1976 bars MVPDs from altering the content (including commercials) of retransmitted broadcast channels. See 47 C.F.R. �� 76.225(e) and 25.701(e)(2); see 47 C.F.R. � 79.1(e)(9). See also 17 U.S.C. �� 111(c)(3), 119(a)(5) and 122(e). See 47 U.S.C. �� 531(e) and 532(c)(2). See also 47 C.F.R. � 76.901(a). 47 U.S.C. � 315. See supra discussion at � 23. See supra discussion at �� 12 and 27. See supra note 75 (discussing goal of statute). We intend to add ``loud commercials'' as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-44A1.txt
  • by law, afford to political candidates, in an anonymously accessible database was real and could place broadcasters at a significant competitive disadvantage versus other video providers that would not have a similar requirement'') (emphasis added). See 3 Fed. Reg. 1691 (1938). 47 U.S.C. � 315(e)(2)(B). 47 C.F.R. � 73.3526(e)(6); 47 C.F.R. � 73.3527(e)(5); 47 C.F.R. � 76.1701(a); 47 C.F.R. � 25.701(d). Although we do not know the exact percentage of advertisers and competitors that seek review of information in stations' political files, we are aware they do so on a regular basis, as Commission staff frequently receives calls from stations asking whether or not they must provide such entities access to the political file. As staff has previously instructed in these
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-7A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-7A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-7A1.txt
  • defined for purposes of this part only as the portion of a cable system that delivers channels in digital format to subscribers at the input of a Unidirectional Digital Cable Product or other navigation device; wireline video systems; wireless cable systems which may consist of Broadband Radio Service (BRS), or Educational Broadband Service (EBS) stations; DBS services, as defined in �25.701(a) of this chapter (including certain Ku-band Fixed-Satellite Service Direct to Home providers); and SDARS, as defined in �25.201 of this chapter. These entities are referred to collectively as EAS Participants in this part, and are subject to this part, except as otherwise provided herein. At a minimum EAS Participants must use a common EAS protocol, as defined in �11.31, to
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3259A1.html
  • 1)f. ``Audit Period'' means the period from July 1, 2003, through July 12, 2004. 1)g. ``Bureau'' means the FCC's Enforcement Bureau. 1)h. ``Cable Operator'' has the definition contained in 47 U.S.C. 522(5). 1)i. ``Charter'' means Charter Communications, Inc., a Cable Operator in Spring, Texas. 1)j. ``Children's Programming Commercial Limits'' means the requirements contained in 47 U.S.C. 303a and 47 C.F.R. 25.701(e) and 76.225. 1)k. ``Commercial Matter'' and ``Children's Programming'' have the respective definitions contained in 47 C.F.R. 25.701(e) and 76.225. 1)l. ``Commission'' or ``FCC'' means the Federal Communications Commission. 1)m. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. 1)n. ``Final Order'' means that, with respect to the Adopting Order: (1) no request for stay or similar
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3260A1.html
  • the word ``or.'' The word ``each'' shall be construed to include the word ``every,'' and the word ``every'' shall be construed to include the word ``each.'' 1)e. ``Bureau'' means the FCC's Enforcement Bureau. 1)f. ``Cable Operator'' has the definition contained in 47 U.S.C. 522(5). 1)g. ``Children's Programming Commercial Limits'' means the requirements contained in 47 U.S.C. 303a and 47 C.F.R. 25.701(e) and 76.225. 1)h. ``Commercial Matter'' and ``Children's Programming'' have the respective definitions contained in 47 C.F.R. 25.701(e) and 76.225. 1)i. ``Commission'' or ``FCC'' means the Federal Communications Commission. 1)j. ``Cox'' means CoxCom, Inc. d/b/a Cox Communications San Diego, a Cable Operator in San Diego, California. 1)k. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. 1)l.
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • direct-to-home (DTH) satellite services.145 DTH satellite services include DBS146 and Home Satellite Dish (HSD) services.147 Under our current Part 11 rules, DBS providers and HSD providers are not required to participate in EAS, but may participate on a voluntary basis.148 The Commission has encouraged such participation.149 For purposes of this Order, DBS providers include the entities set forth in section 25.701(a) of our rules.150 Accordingly, DBS providers include: (1) entities licensed to operate satellites in the 12.2 to 12.7 GHz DBS frequency bands; (2) entities licensed to operate satellites in the Ku band fixed satellite service (FSS) and that sell or lease capacity to a video programming distributor that offers service directly to consumers providing a sufficient number of channels so
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=52
  • of providing service on a broadcast, common carrier, or non-broadcast, non-common carrier basis. * DBS is governed by domestic regulations as well as international regulations administered by the ITU. * DBS licensees are subject to Equal Employment Opportunity rules set forth in 47 C.F.R. 25.601. * DBS licensees are subject to the public interest obligations set forth in 47 C.F.R. 25.701. [52]Return to Top Arrow Return To Top Last reviewed/updated on 8/30/2006 [53]FCC Home [54]Search [55]RSS [56]Updates [57]E-Filing [58]Initiatives [59]Consumers [60]Find People General Auctions Information [61]Licensing, Technical Support and Website Issues [62]Auctions Contact Information - [63]Forgot Your Password? - [64]Submit eSupport request Phone: 1-877-480-3201 TTY: 1-717-338-2824 Federal Communications Commission 445 12th Street SW Washington, DC 20554 [65]More FCC Contact Information... Phone:
• http://www.fcc.gov/eb/Orders/2004/DA-04-3259A1.html
  • 1)f. ``Audit Period'' means the period from July 1, 2003, through July 12, 2004. 1)g. ``Bureau'' means the FCC's Enforcement Bureau. 1)h. ``Cable Operator'' has the definition contained in 47 U.S.C. 522(5). 1)i. ``Charter'' means Charter Communications, Inc., a Cable Operator in Spring, Texas. 1)j. ``Children's Programming Commercial Limits'' means the requirements contained in 47 U.S.C. 303a and 47 C.F.R. 25.701(e) and 76.225. 1)k. ``Commercial Matter'' and ``Children's Programming'' have the respective definitions contained in 47 C.F.R. 25.701(e) and 76.225. 1)l. ``Commission'' or ``FCC'' means the Federal Communications Commission. 1)m. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. 1)n. ``Final Order'' means that, with respect to the Adopting Order: (1) no request for stay or similar
• http://www.fcc.gov/eb/Orders/2004/DA-04-3260A1.html
  • the word ``or.'' The word ``each'' shall be construed to include the word ``every,'' and the word ``every'' shall be construed to include the word ``each.'' 1)e. ``Bureau'' means the FCC's Enforcement Bureau. 1)f. ``Cable Operator'' has the definition contained in 47 U.S.C. 522(5). 1)g. ``Children's Programming Commercial Limits'' means the requirements contained in 47 U.S.C. 303a and 47 C.F.R. 25.701(e) and 76.225. 1)h. ``Commercial Matter'' and ``Children's Programming'' have the respective definitions contained in 47 C.F.R. 25.701(e) and 76.225. 1)i. ``Commission'' or ``FCC'' means the Federal Communications Commission. 1)j. ``Cox'' means CoxCom, Inc. d/b/a Cox Communications San Diego, a Cable Operator in San Diego, California. 1)k. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. 1)l.
• http://www.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • direct-to-home (DTH) satellite services.145 DTH satellite services include DBS146 and Home Satellite Dish (HSD) services.147 Under our current Part 11 rules, DBS providers and HSD providers are not required to participate in EAS, but may participate on a voluntary basis.148 The Commission has encouraged such participation.149 For purposes of this Order, DBS providers include the entities set forth in section 25.701(a) of our rules.150 Accordingly, DBS providers include: (1) entities licensed to operate satellites in the 12.2 to 12.7 GHz DBS frequency bands; (2) entities licensed to operate satellites in the Ku band fixed satellite service (FSS) and that sell or lease capacity to a video programming distributor that offers service directly to consumers providing a sufficient number of channels so
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • common carriage of public-originated transmissions must come specifically from Congress). Id. at 708. 47 U.S.C. � 531. Although DBS is required to set aside 4% of capacity for public interest (``non-commercial, educational, and informational'') programming pursuant to Section 335 of the Act, we do not have authority to adopt the broader rights advocated. 47 U.S.C. � 335(b) and 47 C.F.R. 25.701. 47 U.S.C. � 535. 47 U.S.C. � 338. Future of Music Coalition Comments at 91-92. We decline to engage in a far reaching inquiry into possible harms in markets that are outside the Commission's jurisdiction or outside the scope of this proceeding. See, e.g., Jennifer Poole Comments at 1-2 (arguing that consolidation will lead to a loss of pay and