FCC Web Documents citing 76.1000

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

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  • at 25; TDI Comments at 6; WGBH Comments at 9-10; MSTV Reply Comments at 7; TDI Reply Comments at 7. SBE Comments at 22; Dodds Comments at 2; WGBH Comments at 11. See 47 C.F.R. § 79.1(a)(2) (defining ``video programming distributors,'' as ``[a]ny television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in § 76.1000(e) of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission''); see also 47 C.F.R. § 76.1000(e) (defining ``multichannel video programming distributor'' as ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of
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  • operator" means a company that is franchised to provide cable service, as defined in 47 CFR 76.5(ff) of this chapter, in all or part of the MVDDS license area. (c) For the purpose of this section, the term "MVPD household" refers to a household that subscribes to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 CFR 76.1000(e) of this chapter. (d) Waiver of restriction. Upon completion of the initial award of an MVDDS license, a cable operator may petition for a waiver of the restriction on eligibility based upon a showing that changed circumstances or new evidence indicate that no significant likelihood of substantial competitive harm will result from the operator retaining an attributable interest in the
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  • 27, 2004). For convenient reference, we refer herein to the application for the New York market, which remains pending, as File No. 0001618606-MVD001, and the ``original'' application for all 46 MVDs as File No. 0001618606 (``DTV MVDDS Application''). 47 C.F.R. § 101.1412(a). ``Cable operator'' means a company that is franchised to provide cable service, as defined in 47 C.F.R. § 76.1000(e), in all or part of the MVDDS license area, id. § 101.1412(b). ``Significant overlap'' occurs when a cable operator's subscribers in the MVDDS license area make up 35 percent or more of the households in that MVDDS license area which subscribe to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 C.F.R. § 76.1000(e). See 47 C.F.R.
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  • These rules prescribe regulations that govern the access by competing multichannel video programming distributors to satellite cable and satellite broadcast programming. Need: These rules implement section 19 of the Cable Television Consumer Protection and Competition Act of 1992, which adds section 628 to the Communications Act of 1934. Legal Basis: 47 U.S.C. 152(a), 154(i), and 303(r). Section Number and Title: 76.1000 Definitions. 76.1001 Unfair practices generally. 76.1002 Specific unfair practices prohibited. 76.1003 Program access proceedings. SUBPART Q -- REGULATION OF CARRIAGE AGREEMENTS Brief Description: These rules govern agreements between multichannel video programming distributors and video programming vendors. Need: These rules implement section 12 of the Cable Television Consumer Protection and Competition Act of 1992, which adds a new section 616 to
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  • iN DEMAND L.L.C. ) ) ) ) ) ) ) Adopted: April 19, 2006 Released: April 21, 2006 By the Deputy Chief, Policy Division, Media Bureau : On June 29, 2005, a program access complaint was filed on behalf of DIRECTV against iN DEMAND L.L.C. (``ID'') pursuant to Section 628 of the Communications Act of 1934, as amended, and Sections 76.1000-1003 of the Commission's rules. DIRECTV alleged that ID's fee structure for the sale of its INHD programming violated Section 628(c)(2)(B) of the Act and Section 76.1002(b) of the Commission's rules because it discriminated in its price, terms and conditions. DIRECTV also alleged that ID's fee structure constituted an unfair practice in violation of Section 628(b) of the Act and Section
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  • 79.2 of the Commissions rules. The provisions of 47 C.F.R. § 79.2 apply to all video programming distributors, and there are no exemptions to the obligations contained in section 79.2. . . . -FCC- ``Video programming distributor'' is defined as (1) any television broadcast station licensed by the Commission; (2) any multichannel video programming distributor (MVPD) as defined in Section 76.1000(e); and (3) any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. 47 C.F.R. § 79.1(a)(2). An MVPD is ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are
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  • positions with companies that may be considered to be affiliated with Dr. Malone. Moreover, DIRECTV proposes to install three replacement directors who will have no attributable interest in Liberty Media or Liberty Global, Inc., or otherwise be considered to have attributable ties to Dr. Malone as determined in accordance with the Commission's rules. In this regard, we note that Section 76.1000(b) of the Commission's Rules is the governing standard for attribution for purposes of the condition at issue. Furthermore, as the Commission stated in the Liberty Media-DIRECTV Order, ``determining whether a particular interest is attributable is a fact-intensive inquiry, and, even where an interest may appear non-attributable under the bright-line attribution rules, the Commission retains the discretion to review individual cases
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  • DIRECTV will hold positions with companies that maybe considered to be affiliated with Dr. Malone. Moreover, DIRECTV proposes to install three replacement directors who will have no attributable interest in LibertyMedia or Liberty Global, Inc., or otherwise be considered to have attributable ties to Dr. Malone as determined in accordance with the Commission's rules.11In this regard, we note that Section 76.1000(b) of the Commission's Rules is the governing standard for attribution for purposes of the condition at issue.12Furthermore, as the Commission stated in the Liberty Media-DIRECTV Order,"determining whether a particular interest is attributable is a fact-intensive inquiry, and, even where an interest mayappear non-attributable under the bright- line attribution rules, the Commission retains the discretion to review individual cases that present
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  • .''); 47 C.F.R. § 76.1003(c)(1) (``In addition to the requirements of § 76.7 of this part, a program access complaint shall contain: (1) The type of multichannel video programming distributor that describes complainant . . . .''). See Sky Angel Complaint at 1, 8; Sky Angel Emergency Request at 5. See 47 U.S.C. § 522(13); see also 47 C.F.R. § 76.1000(e). See 47 U.S.C. § 522(4) (defining ``channel''). See Sky Angel Complaint at 8. See 47 U.S.C. § 522(4) (defining ``channel'' as ``a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the Commission by regulation)''); 47 C.F.R. § 76.5(r)-(u) (defining ``cable
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  • terrestrially delivered, cable-affiliated programming as categorically ``unfair.'' As discussed in further detail below, the D.C. Circuit's decision on this issue does not preclude the Media Bureau (``Bureau'') from assessing on a case-by-case basis whether an act is ``unfair'' under Section 628(b). The court's mandate issued on July 27, 2011. Verizon's Complaint Complainant Verizon is an MVPD as defined in Section 76.1000(e) of the Commission's rules that provides video service to subscribers in the New York City metropolitan area and Upstate and Western New York, among other areas, via a fiber network known as FiOS. Defendant Cablevision is a cable operator as defined in Section 522(5) of the Act that provides video service in the New York City metropolitan area, among other
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  • terrestrially delivered, cable-affiliated programming as categorically ``unfair.'' As discussed in further detail below, the D.C. Circuit's decision on this issue does not preclude the Media Bureau (``Bureau'') from assessing on a case-by-case basis whether an act is ``unfair'' under Section 628(b). The court's mandate issued on July 27, 2011. AT&T's Complaint Complainant AT&T is an MVPD as defined in Section 76.1000(e) of the Commission's rules that provides video service to subscribers in Connecticut, among other areas, under the service name of AT&T U-verse TV service. Defendant Cablevision is a cable operator as defined in Section 522(5) of the Act that provides video service in the state of Connecticut, among other areas. Defendant MSG LP owns and operates two RSNs: MSG and
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  • (iv) to the extent any discovery disputes remain, a description of those disputes and what discovery issues DISH and MSG Inc. are asking the Media Bureau to resolve. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 628 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 548, and Sections 76.1000-76.1003 of the Commission's rules, 47 C.F.R. §§ 76.1000-76.1003, Count III of DISH's above-captioned program access complaint is DISMISSED. IT IS FURTHER ORDERED that Cablevision Systems Corp. is DISMISSED as a defendant to DISH's above-captioned program access complaint. IT IS FURTHER ORDERED that, with respect to Counts I and II of DISH's above-captioned program access complaint, DISH and MSG Inc. SHALL
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  • NCTC acts as the agent of its member cable operators, Defendants state that the membership agreement between NCTC and its members ``disclaims the existence of any agency relationship.'' Further, Defendants maintain that NCTC's management acts independently of its members in reviewing and making membership decisions, and that NCTC is not covered by the definition of the term ``agent'' in Section 76.1000(c) of the Commission's rules. On April 13, 2011, Media Bureau staff held a status conference with representatives of LUS, NCTC, and the Company Defendants to discuss the status of the Complaint. This interlocutory Order memorializes the issues resolved during this status conference. III. DISCUSSION Dismissal of NCTC and Utilities Service Alliance, Inc. For the reasons discussed below, we dismiss NCTC
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  • or call the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). ). - FCC - This action is taken pursuant to Section 4(j) of the Act and Sections 1.1, 1.1200(a), and 76.7(e) of the Commission's Rules. See 47 U.S.C. § 4(j); 47 C.F.R §§ 1.1, 1.1200(a), 76.7(e). See 47 U.S.C. § 548; 47 C.F.R. §§ 76.1000-1004. Among other things, these rules require cable-affiliated programmers to make their programming available to MVPDs on nondiscriminatory rates, terms, and conditions. See 47 U.S.C. § 325(b)(3)(C)(ii); 47 C.F.R. § 76.65(b). Among other things, these rules require broadcasters to negotiate with MVPDs in good faith. See 47 U.S.C. § 536; 47 C.F.R. §§ 76.1300-1302. See 47 U.S.C. § 549; 47 C.F.R.
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  • [REDACTED]. The disclosure of the Agreements shall be governed by the Protective Order dated October 29, 2010, and shall be deemed Highly Confidential Information for ``Outside Counsel's Eyes Only.'' Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 628 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 548, and Sections 76.7(f) and 76.1000-76.1003 of the Commission's rules, 47 C.F.R. §§ 76.7(f) and 76.1000-76.1003, DISH disclose to Defendants' outside counsel the Agreements as set forth above. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau See DISH Network L.L.C., Program Access Complaint, File No. CSR-8367-P (filed Sept. 16, 2010).
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  • 1996, CC Docket No. 98-146, Second Report, FCC 00-290 (rel. Aug. 21, 2000) at ¶ 3 (``Second 706 Report'') (noting that ``[w]ith advanced telecommunications capability consumers can take advantage of advanced services that allow residential and business consumers to create and access content, sophisticated applications, and high-bandwidth services''). See, e.g., 47 U.S.C. §§ 533(f), 548; 47 C.F.R. §§ 76.503, 76.504, 76.1000-76.1004; AT&T-MediaOne Order, 15 FCC Rcd at 9835 ¶ 38. 47 U.S.C. § 521(4). 47 U.S.C. § 523(a). Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 663 (1994); see also id., 512 U.S. at 657 (``[T]he
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  • at 1314. See Implementation of the Cable Television Consumer Protection And Competition Act of 1992, Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act, Sunset of Exclusive Contract Prohibition, CS Docket 02-190, Report and Order (``Program Access Report & Order'') FCC 02-176, ¶¶ 123-41; 8 FCC Rcd at 3416-23; see also 47 C.F.R. §§ 76.1000 et seq. See 1994 MVPD Competition Report ¶¶ 182-83 For example, regional clustering of systems combined with a system's ownership of one or more regional programming networks may create one such opportunity for cable operators to shift (regional) programming to terrestrial distribution to facilitate denial of the programming to competitors. See Program Access Report & Order, FCC 02-176, ¶¶ 123-41.
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  • hay excepciones respecto a las obligaciones contenidas en la sección 79.2. (en inglés). (en inglés). . -FCC- Se define ``Distribuidor de programación de video'' como (1) cualquier estación de televisión abierta que posee una licencia otorgada por la Comisión; (2) cualquier distribuidor de programación en video con múltiples canales (MVPD, por sus siglas en inglés) según lo define la Sección 76.1000(e) (Section 76.1000(e), en inglés); y (3) cualquier otro distribuidor de programación de video para recepción residencial que entregue dicha programación directamente a la residencia y que esté sujeta a la jurisdicción de la Comisión. 47 C.F.R. § 79.1(a)(2). Un MVPD es ``una entidad involucrada en el negocio de poner a la venta, para suscriptores o clientes, múltiples canales de programación
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  • on May 4, 2010 titled ``An Economic Analysis of Competitive Benefits from the Comcast-NBCU Transaction'' and ``The Comcast/NBCU Transaction and Online Video Distribution.'' The term ``Attributable Interest'' means: (1) for Cable Systems, any interest that is cognizable or attributable under Section 76.501 of the Commission's Rules; (2) for Non-Broadcast Programming Networks, any interest that is cognizable or attributable under Section 76.1000(b) of the Commission's Rules; (3) for Broadcast Television Stations, any interest that is cognizable or attributable under Section 73.3555 of the Commission's Rules. The term ``Broadcast Affiliate'' means any Broadcast Television Station having any contract, arrangement, or understanding, express or implied, with a broadcast television network, except a station licensed to be owned and operated by a broadcast television network
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  • on May 4, 2010 titled ``An Economic Analysis of Competitive Benefits from the Comcast-NBCU Transaction'' and ``The Comcast/NBCU Transaction and Online Video Distribution.'' The term ``Attributable Interest'' means: (1) for Cable Systems, any interest that is cognizable or attributable under Section 76.501 of the Commission's Rules; (2) for Non-Broadcast Programming Networks, any interest that is cognizable or attributable under Section 76.1000(b) of the Commission's Rules; (3) for Broadcast Television Stations, any interest that is cognizable or attributable under Section 73.3555 of the Commission's Rules. The term ``Broadband Access Service'' means the provision to end users of high-speed (more than 768 Kbps) connectivity to the Internet by any means, including, for instance, hybrid fiber-coaxial, optical fiber or coaxial cable, xDSL, satellite systems,
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  • television screen. Captions may also identify speakers, sound effects, music, and laughter. Because closed captioning is hidden as encoded data transmitted within the television signal, the consumer can turn the captioning on or off. ``Video programming distributor'' is defined as (1) any television broadcast station licensed by the Commission; (2) any multichannel video programming distributor (MVPD) as defined in Section 76.1000(e); and (3) any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. 47 C.F.R. § 79.1(a)(2). MVPD is ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307457A1.pdf
  • MVPDs then use to retransmit it to customers. Satellite programming refers to programming transmitted to MVPDs via satellite for retransmission to customers. See 47 U.S.C. § 548(i)(1), (3) (providing definitions for both "satellite cable programming" and "satellite broadcast programming"). By contrast, terrestrial programming refers to programming delivered to MVPDs over land-based networks, such as fiber optics. See 47 C.F.R. § 76.1000(l). As we recently explained, "[f]rom the 1940s when the first cable television systems were built until the 1990s, the cable industry dominated [the MVPD retail] market," with cable operators often enjoying local monopolies. Cablevision Sys. Corp. v. FCC, 597 F.3d 1306, 1308 (D.C. Cir. 2010). While the market for cable operators flourished, the demand for new cable programming to supplement
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  • Stat. 1501 (enacting S. 1948, including the Satellite Home Viewer Improvement Act of 1999 (``SHVIA''), Title I of the Intellectual Property and Communications Omnibus Reform Act of 1999, relating to copyright licensing and carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.). See Section III.B, supra. 47 C.F.R. § 76.503. 47 C.F.R. §§ 76.1000-76.1004. 47 C.F.R. § 76.504. See US West Comments at 5-6; TAP Comments at 29-30; GTE Comments at 5; WCA Comments at 5; SBC Comments at 21-25; BellSouth Reply Comments at 2-3; SBC Reply Comments at 3. See Echostar Comments at 8-9; Ameritech Comments at 10-11; MCI WorldCom Comments at 4; BellSouth Reply Comments at 5; Seren Reply Comments at 1.
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  • MediaOne Group, Inc., Transferor, to AT&T Corp., Transferee, CS Docket No. 99-251, AOL Comments at 12-17; In the Matter of Application for Consent to the Transfer of Licenses and Section 214 Authorizations from Tele-Communications, Inc, Transferor, to AT&T Corp., Transferee, CS Docket No. 98-178, AOL Comments at 30-39. See, e.g., 47 U.S.C. §§ 533(f), 548; 47 C.F.R. §§ 76.503, 76.504, 76.1000-76.1004; AT&T-MediaOne Order, 15 FCC Rcd at 9835 ¶ 38. In the Matter of America Online, Inc. and Time Warner Inc.¸ FTC Docket No. C-3989, Agreement Containing Consent Orders; Decision and Order, 2000 WL 1843019 (FTC) (proposed Dec. 14, 2000) (``FTC Consent Agreement''). See Appendix A for a list of commenters in this proceeding. See Nondiscrimination in the Distribution of Interactive
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  • 1996, CC Docket No. 98-146, Second Report, FCC 00-290 (rel. Aug. 21, 2000) at ¶ 3 (``Second 706 Report'') (noting that ``[w]ith advanced telecommunications capability consumers can take advantage of advanced services that allow residential and business consumers to create and access content, sophisticated applications, and high-bandwidth services''). See, e.g., 47 U.S.C. §§ 533(f), 548; 47 C.F.R. §§ 76.503, 76.504, 76.1000-76.1004; AT&T-MediaOne Order, 15 FCC Rcd at 9835 ¶ 38. 47 U.S.C. § 521(4). 47 U.S.C. § 523(a). Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 663 (1994); see also id., 512 U.S. at 657 (``[T]he
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  • carriage context, Gemstar has requested a ruling from the Commission that its electronic program guide is program-related and must be carried by cable operators. See Gemstar Int'l Group. Ltd. and Gemstar Development Corp., Petition for Special Relief Seeking Commission Order to Discontinue Stripping Information from Broadcast VBI, Public Notice, DA 00-670 (rel. March 24, 2000). 47 U.S.C. §548(a); 47 C.F.R. §§76.1000-1004. DTV Must Carry Notice, 13 FCC Rcd at 15125. 47 C.F.R. §76.1000(e). 47 U.S.C. §534(b)(5). See 47 U.S.C. §535(b)(3)(C) and (e). S. Rep. No. 92, 102d Cong., 1st Sess. at 85 (1991). DTV Must Carry Notice, 13 FCC Rcd at 15123. NCTA Comments at 12-13. NCTA Reply Comments at 19 (quoting 47 U.S.C. § 534(h)(1)(A)). UCC Comments at 8 (citation
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  • 2000 Report, 16 FCC Rcd at 6080. See also Andy Grossman, High Stakes in Vegas, Court TV's Royal Analog Flush, Cablevision, July 9, 2001, at 8. Compare, for example, App. D, Tbl. D-4 infra, with 2000 Report, 16 FCC Rcd at 6131, 1999 Report, 15 FCC Rcd at 1112, and 1998 Report, 13 FCC Rcd at 24442. 47 C.F.R. §§ 76.1000-76.1003. See also 47 U.S.C. § 536(a)(2); 47 U.S.C. § 548(a)(2). The program access rules apply to OVS operators and common carriers in the same manner as they apply to cable operators. 47 C.F.R. §§ 76.1004, 76.1507. 47 U.S.C. § 548. Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Petition for Rulemaking of Ameritech New Media, Inc.
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  • company that is franchised to provide cable service, as defined in 47 C.F.R. § 76.5(ff) of the Commission's rules, in all or part of the MVDDS license area. (c) For the purpose of this section, the term ``MVPD household'' refers to a household that subscribes to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 C.F.R. § 76.1000(e) of the Commission's rules. (d) Waiver of restriction. Upon completion of the initial award of an MVDDS license, a cable operator may petition for a waiver of the restriction on eligibility based upon a showing that changed circumstances or new evidence indicate that no significant likelihood of substantial competitive harm will result from the operator retaining an attributable interest in
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  • Discovery Health Channel; E! Entertainment; The Golf Channel; iNDEMAND; The Outdoor Life Network; style; G4 Network; Fox Sports New England; New England Cable News; AT&T3; Pittsburgh Cable News Channel. The Commission's program access rules prevent cable operators from entering into exclusive contracts with programmers that are affiliated with a cable operator and whose service is delivered via satellite. 47 C.F.R. §76.1000 et seq. Implementation of Section 11 of the Cable Television Consumer Protection and Competition Act of 1992, 16 FCC Rcd 17312, 17322 ¶ 11(2001) (``Further Notice''). Id. at 17322 ¶ 12. This issue, and its effects on competition among MVPDs of varying size, will be discussed in further detail below. Implementation of the Cable Television Consumer Protection and Competition Act
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  • Merger, Multichannel News, Nov. 18 at 1. We include Liberty Media's programming networks in our determination of the share of national programming networks that are vertically integrated because it is covered by the provisions of the 1992 Act and the Commission's rules relating to program access, channel occupancy, and program carriage rules. See 47 U.S.C. § 548; 47 C.F.R. §§ 76.1000-76.1003. These rules apply to any party that owns a cable system and a satellite-delivered national programming network. Liberty Media remains a cable operator through its ownership of Cablevision of Puerto Rico and, as such, it is appropriate to include its networks in calculating the share of vertically-integrated national programming networks. If we did not count Liberty Media as being vertically
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  • Act''). H.R. Conf. Rep. No. 102-862, at 93 (1992). 1992 Cable Act § 2(a)(5). H.R. Rep. No. 102-628, at 165-66 (1992) (additional views of Messrs. Tauzin, Harris, Cooper, Synar, Eckart, Bruce, Slattery, Boucher, Hall, Holloway, Upton and Hastert). ``Satellite cable programming'' is video programming which is transmitted via satellite to cable operators for retransmission to cable subscribers. 47 C.F.R. § 76.1000(h). A ``satellite cable programming vendor'' is an entity engaged in the production, creation or wholesale distribution for sale of satellite cable programming. 47 C.F.R. § 76.1000(i). Communications Act § 628(b); 47 U.S.C. § 548(b). Implementation of the Cable Television Consumer Protection and Competition Act of 1992, 17 FCC Rcd 12123 (2002) (``Program Access Order''). Program Access Order, 17 FCC Rcd
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  • section, is an entity such as, but not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, a video dialtone service provider, or a satellite master antenna television service provider that makes available for purchase, by subscribers or customers, multiple channels of video programming. * * * * * Section 76.1000 is amended by revising paragraph (e) to read as follows: § 76.1000 Definitions * * * * * (e) Multichannel video programming distributor. The term "multichannel video programming distributor" means an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not limited to, a cable
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  • an ownership interest in five networks or 2%. We include Liberty Media's programming networks in our determination of the share of national programming networks that are vertically integrated because it is covered by the provisions of the 1992 Act and the Commission's rules relating to program access, channel occupancy, and program carriage. See 47 U.S.C. § 548; 47 C.F.R. §§ 76.1000-76.1003. These rules apply to any party that owns a cable system and a satellite-delivered national programming network. Liberty Media remains a cable operator through its ownership of Cablevision of Puerto Rico and, as such, it is appropriate to include its networks in calculating the share of vertically-integrated national programming networks. If we did not count Liberty Media as being vertically
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  • not on a subscribership basis) including one-way direct-to-home/office wireless service. See 47 C.F.R. § 101.1407 (permissible operations for MVDDS). See generally 47 C.F.R. Part 101, subpart P. MVDDS Second R&O, 17 FCC Rcd at 9680 ¶ 165. Id. 47 C.F.R. § 101.1412(a). ``Cable operator'' means a company that is franchised to provide cable service, as defined in 47 C.F.R. § 76.1000(e), in all or part of the MVDDS license area, id. § 101.1412(b). ``Significant overlap'' occurs when a cable operator's subscribers in the MVDDS license area make up 35 percent or more of the households in that MVDDS license area which subscribe to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 C.F.R. § 76.1000(e). See 47 C.F.R.
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  • levels for the audio Attention Signal must comply with the aural signal requirements in Section 76.605 of the Commission's rules. 47 C.F.R. § 11.51 (g)(1), (h)(1); see generally 47 C.F.R. § 76.605. See 47 C.F.R. § 79.1(a)(2) (defining ``video programming distributors,'' as ``[a]ny television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in § 76.1000(e) of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission''). See also 47 C.F.R. § 76.1000(e) (defining ``multichannel video programming distributor'' as ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1_Erratum.doc
  • levels for the audio Attention Signal must comply with the aural signal requirements in Section 76.605 of the Commission's rules. 47 C.F.R. § 11.51 (g)(1), (h)(1); see generally 47 C.F.R. § 76.605. See 47 C.F.R. § 79.1(a)(2) (defining ``video programming distributors,'' as ``[a]ny television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in § 76.1000(e) of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission''). See also 47 C.F.R. § 76.1000(e) (defining ``multichannel video programming distributor'' as ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of
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  • and not on a subscribership basis) including one-way direct-to-home/office wireless service. See 47 C.F.R. § 101.1407 (Permissible operations for MVDDS). See generally subpart P of 47 C.F.R. Part 101. MVDDS Second R&O, 17 FCC Rcd at 9680. Id. 47 C.F.R. § 101.1412(a). ``Cable operator'' means a company that is franchised to provide cable service, as defined in 47 C.F.R. § 76.1000(e), in all or part of the MVDDS license area, id. § 101.1412(b). ``Significant overlap'' occurs when a cable operator's subscribers in the MVDDS license area make up 35 percent or more of the households in that MVDDS license area which subscribe to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 C.F.R. § 76.1000(e). See 47 C.F.R.
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  • Writers Guild of America Comments at 5. See Time Warner II, 240 F.3d at 1135. Several independent networks, such as CSTV, NFL Network and Reality TV, secured their first distribution deals on DBS systems before securing distribution on cable systems. 2001 Further Notice, 16 FCC Rcd at 17328-29 ¶ 29. Id. at 17329 ¶ 30. Id. See 47 C.F.R. §§ 76.1000-1003. AT&T Comments, Besen Decl. at 10-14; Time Warner Comments, Joskow and McLaughlin Decl. at 2-7. CFA reports examples where MVPDs were denied access to New England Cable News and TVLand by AT&T Broadband's Headend in the Sky. CFA Comments at 128-29. Tasneem Chipty, Vertical Integration, Market Foreclosure, and Consumer Welfare in the Cable Television Industry, 91 The American Economic Review
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  • (``Cable Ownership Second Further Notice''). H.R. Conf. Rep. No. 102-862, at 93 (1992). 1992 Act § 2(a)(5). House Report at 165-66 (additional views of Messrs. Tauzin, Harris, Cooper, Synar, Eckart, Bruce, Slattery, Boucher, Hall, Holloway, Upton and Hastert). ``Satellite cable programming'' is video programming that is transmitted via satellite to cable operators for retransmission to cable subscribers. 47 C.F.R. § 76.1000(h). A ``satellite cable programming vendor'' is an entity engaged in the production, creation or wholesale distribution for sale of satellite cable programming. 47 C.F.R. § 76.1000(i). Over-the-air broadcast programming is not subject to the program access rules. A ``satellite broadcast programming vendor'' is a fixed service satellite carrier that provides service pursuant to 17 U.S.C. § 119 with respect to
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  • AOL have equity interests in Oxygen Media. Time Warner holds more than a five percent equity share in Oxygen; however, we have no information with regard to the voting status of that investment. For purposes of the channel occupancy rules (47 C.F.R. §76.504), nonvoting stock is not attributable to an MSO. For purposes of the program access rules (47 C.F.R. §§76.1000-1200), nonvoting stock is attributable to an MSO if the company holds more than a five percent equity interest. See Vulcan Capital, Other Portfolio Holdings, http://capital.vulcan.com/Template.aspx? contentId=7 (visited Nov. 2, 2005); AOL Time Warner, Oxygen Media And AOL Time Warner Expand Strategic Alliance, Apr. 3, 2001; Clarity Partners, Portfolio: Oxygen Media, at http://www.claritypartners.net/portfolio.html# (visited Oct. 31, 2005). (4) Time Warner Investments
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  • and Hughes Electronics Corporation, Transferors, and The News Corporation Limited, Transferee, Consolidated Application For Authority to Transfer Control, 19 FCC Rcd 473 (2004). See Applications for Consent to the Assignment and/or Transfer of Control of Licenses, Adelphia Communications Corporation, Assignors to Time Warner Cable, Inc., et al., 21 FCC Rcd 8203, 8258-9, 8262-79 (2006) ¶¶ 124-125, 130-169. 47 C.F.R. §§ 76.1000-1004, 76.1507. 47 C.F.R. § 76.1300-1302. 47 C.F.R. § 76.504. 47 U.S.C. § 548(i). The program access rules only apply to satellite cable programming and satellite broadcast programming. See also 47 U.S.C. § 605(d). 2005 Report, 21 FCC Rcd at 2595-6 ¶ 204. Id. at 2596 ¶ 205. MDUs may include rental apartments, as well as condominiums and co-operatives. For example,
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  • at 25; TDI Comments at 6; WGBH Comments at 9-10; MSTV Reply Comments at 7; TDI Reply Comments at 7. SBE Comments at 22; Dodds Comments at 2; WGBH Comments at 11. See 47 C.F.R. § 79.1(a)(2) (defining ``video programming distributors,'' as ``[a]ny television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in § 76.1000(e) of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission''); see also 47 C.F.R. § 76.1000(e) (defining ``multichannel video programming distributor'' as ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of
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  • (1993). See id. at 3384, ¶ 63. The term ``satellite cable programming'' means ``video programming which is transmitted via satellite and which is primarily intended for direct receipt by cable operators for their retransmission to cable subscribers,'' except that such term does not include satellite broadcast programming. 47 U.S.C. § 548(i)(1); 47 U.S.C. § 605(d)(1); see also 47 C.F.R. § 76.1000(h). The term ``satellite broadcast programming'' means ``broadcast video programming when such programming is retransmitted by satellite and the entity retransmitting such programming is not the broadcaster or an entity performing such retransmission on behalf of and with the specific consent of the broadcaster.'' 47 U.S.C. § 548(i)(3); see also C.F.R. § 76.1000(f). 47 U.S.C. § 548(c)(2)(C). 47 U.S.C. § 548(c)(2)(D);
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  • AOL, a wholly owned subsidiary of Time Warner, currently holds more than a five percent equity share in Oxygen; however, we have no information with regard to the voting status of that investment. For purposes of the channel occupancy rules (47 C.F.R. §76.504), nonvoting stock is not attributable to an MSO. For purposes of the program access rules (47 C.F.R. §§76.1000-1200), nonvoting stock is attributable to an MSO if the company holds more than a five percent equity interest. See Vulcan Capital, Other Portfolio Holdings, at http://capital.vulcan.com/Template.aspx?contentId=7 (visited Feb. 16, 2007); AOL Time Warner, at http://www.timewarner.com/corp/newsroom/pr/0,20812,668625,00.html (visited Feb. 16, 2007); Oxygen, About Oxygen, at http://www.oxygen.com/basics/about.aspx (visited Feb. 15, 2007); Top Tech News, Oxygen Media Draws $100M Breath, Dec. 4, 2000, at
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  • Section 628(c)(5) of the Communications Act: Sunset of Exclusive Contract Prohibition, 22 FCC Rcd 4252 (2007). The Notice also seeks comment on whether and how the Commission's procedures for resolving program access disputes under Section 628 should be modified. In this Notice of Inquiry, we request comment on the effectiveness of our program access rules. See also 47 C.F.R. §§ 76.1000-1004, 76.1507. 47 U.S.C. § 548(i). The program access rules only apply to satellite cable programming and satellite broadcast programming. See also 47 U.S.C. § 605(d). MDUs may include rental apartments, as well as condominiums and co-operatives. See 47 C.F.R. § 76.800-806 et seq. 47 C.F.R. § 1.4000. 47 C.F.R. § 76.984(c)(3). 47 C.F.R. § 79.1(b)(1) (phase-in schedule for captioning ``new''
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  • attributes an entity's stockholdings, whether voting or non-voting, and all partnership interests above 5 percent. The single majority shareholder exemption and insulated limited partner exceptions do not apply. See 1999 Cable Attribution Order, 14 FCC Rcd at 19018 ¶ 4. The program access attribution rules apply to cable commercial leased access, 47 C.F.R. § 76.970; program access, 47 C.F.R. § 76.1000; carriage discrimination, 47 C.F.R. § 76.1300; open video systems, 47 C.F.R. § 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. § 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. § 76.922(f)(6). The program access attribution standard is not at issue here. See 1998 Cable Attribution NPRM, 13 FCC
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  • to impose processing guidelines for program access complaints. First Report and Order, 8 FCC Rcd at 3384. The term ``satellite cable programming'' means video programming which is transmitted via satellite and which is primarily intended for direct receipt by cable operators for their retransmission to cable subscribers, except that such term does not include satellite broadcast programming. 47 C.F.R. § 76.1000(h). The term ``satellite broadcast programming'' means broadcast video programming when such programming is retransmitted by satellite and the entity retransmitting such programming is not the broadcaster or an entity performing such retransmission on behalf of and with the specific consent of the broadcaster. 47 C.F.R. § 76.1000(f). 47 U.S.C. § 548(c)(2)(C). 47 U.S.C. § 548(c)(2)(D). 47 U.S.C. § 548(c)(2)(D); 47
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  • time the Commission adopted these rules, it indicated that it would subsequently review the rules to determine whether its expectations regarding closed captioning were being met. Id., 13 FCC Rcd at 3387, paras. 254-57. ``Video programming distributor'' is defined as (1) any television broadcast station licensed by the Commission; (2) any multichannel video programming distributor (MVPD) as defined in Section 76.1000(e); and (3) any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. 47 C.F.R. § 79.1(a)(2). MVPD is ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not
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  • of this Order, the Applicants shall submit to the Commission a description of their plan for complying with this condition to ensure that their proposal satisfies the public interest concerns underlying the condition. If the Applicants choose to comply with the condition by making the connecting interests non-attributable, we will apply the Commission's cable attribution standards set forth in Section 76.1000(b) of the rules. We note that determining whether a particular interest is attributable is a fact-intensive inquiry, and, even where an interest may appear non-attributable under the bright-line attribution rules, the Commission retains the discretion to review individual cases that present unusual issues. Such would be the case where there are combined interests that are so extensive that they raise
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  • authority citation for Part 76 continues to read as follows: Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572 and 573. 2. Section 76.1000 is amended by revising the first sentence of paragraph (b), revising paragraph (c)(1), revising the first sentence of paragraph (j), and adding paragraphs (l) and (m) to read as follows: * * * * * (b) Cognizable interests. In applying the provisions of this subpart, ownership and other interests in cable operators, satellite cable programming vendors, satellite broadcast programming vendors,
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  • the above-captioned proceeding in which we established rules for (i) complaints alleging unfair acts involving terrestrially delivered, cable-affiliated programming; and (ii) requests for a temporary standstill of the price, terms, and other conditions of an existing programming contract by a program access complainant seeking renewal of such a contract. In this Erratum, we make three corrections. First, we amend Sections 76.1000(j) and 76.1003(c)(3) to reflect that a defendant to a program access complaint involving terrestrial cable programming will be one of the entities listed in Section 628(b) and not a terrestrial cable programming vendor. Second, we amend Section 76.1003(g)(3) of the rules, which pertains to the time limits for filing program access complaints, to reflect that complaints may be filed alleging
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  • park, or garden apartment); provided however, that MDU shall not include time share units, academic campuses and dormitories, military bases, hotels, rooming houses, prisons, jails, halfway houses, hospitals, nursing homes or other assisted living facilities. 22 FCC Rcd at 20238-39, ¶ 7, codified at 47 C.F.R. § 76.2000(b). MVPDs are defined in 47 U.S.C. § 522(13) and 47 C.F.R. § 76.1000(e). 47 U.S.C. § 548. Specifically, the Report & Order applied the prohibition to cable operators (defined in 47 U.S.C. § 522(5)), common carriers or their affiliates that provide video programming directly to subscribers (see 47 U.S.C. § 548(j)), and operators of open video systems under 47 U.S.C. § 573(c)(1), all to the extent that they provide video programming to subscribers
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  • Description of Video Programming, Implementation of Section 305 of the Telecommunications Act of 1996, Video Programming Accessibility, MM Docket No. 95-176, Order on Reconsideration, 13 FCC Rcd 19973 (1998) (``Closed Captioning Reconsideration Order''). A ``video programming distributor'' is defined as (1) any television broadcast station licensed by the Commission; (2) any multichannel video programming distributor (MVPD) as defined in Section 76.1000(e); and (3) any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. 47 C.F.R. § 79.1(a)(2). An ``MVPD'' is ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are
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  • Rules'' means the rules of the AAA from time to time in effect. ``Affiliate'' of any person means any person directly or indirectly controlling, controlled by, or under common control with, such person at the time at which the determination of affiliation is being made. ``Attributable Interest'' means a cognizable interest in an entity as defined pursuant to 47 C.F.R. §76.1000(b). ``Benchmark Condition'' means that an OVD has entered into at least one agreement for Video Programming with a Broadcast Network, Cable Programmer, Production Studio or Film Studio that is not an Affiliate of the OVD. ``Broadband Internet Access Service'' means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-65A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-65A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-65A1.txt
  • Docket No. 07-198, First Report and Order, 25 FCC Rcd 746 (2010). By rivalry, we mean competition among participants in the same product and geographic market. Although a consumer typically selects one MVPD, the rivalry among MVPD firms for that consumer does not end because the consumer can switch MVPDs where more than one is available. See 47 C.F.R. §§ 76.1000-1004. See 47 C.F.R. §§ 76.1300-1302. See 47 C.F.R. § 76.56. See 47 C.F.R. § 76.64. See 47 U.S.C. § 541; 47 C.F.R. § 76.41. See 47 C.F.R. § 76.2000. See 47 C.F.R. §§ 76.801-806. See 47 C.F.R. § 76.1602. See 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-30A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-30A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-30A1.txt
  • defense or responding to a material allegation, such document or documents shall be included as part of the answer. * * * * * 4. Section 76.1004 is amended by revising paragraph (b) to read as follows: § 76.1004 Applicability of program access rules to common carriers and affiliates. (a) Any provision that applies to a cable operator under §§ 76.1000 through 76.1003 shall also apply to a common carrier or its affiliate that provides video programming by any means directly to subscribers. Any such provision that applies to a satellite cable programming vendor in which a cable operator has an attributable interest shall apply to any satellite cable programming vendor in which such common carrier has an attributable interest. For
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-9A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-9A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-9A1.txt
  • the reasons explained below, the IP closed captioning rules will not apply to a broadcaster's or MVPD's provision of programming that is subject to the Commission's television closed captioning rules. Section 79.1 imposes television closed captioning requirements on video programming distributors, which it defines as ``[a]ny television broadcast station licensed by the Commission and any [MVPD] as defined in § 76.1000(e) of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission.'' In the NPRM, the Commission proposed to define VPD in the IP closed captioning context as ``any entity that makes available directly to the end user video programming through a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.txt
  • AT&T/TCI Order, 14 FCC Rcd at 3207-08, paras. 98-99, n.287 (acknowledging that AT&T's acquisition of TCI would implicate the Commission's commercial mobile radio service (CMRS) spectrum cap, 47 C.F.R. § 20.6); 14 FCC Rcd at 3177-81, paras. 31-40 (affirming that a merged AT&T-TCI would still be subject to the Commission's rules protecting competitive access to cable programming, 47 C.F.R. §§ 76.1000-76.1004). See also infra discussion concerning spectrum cap in Section VIII.A. (Wireless Services). 119 See, e.g., AT&T/TCI Order, 14 FCC Rcd at 3224-26, paras. 137-39 (examining the merger's effect on the preservation and advancement of the Commission's universal service goals and concluding that AT&T's planned deployment of cable telephony furthers the goal of providing equal and expanded access to advanced Federal
• http://transition.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.doc http://transition.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.html http://transition.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.txt
  • following cable rules: horizontal ownership limits, 47 C.F.R. § 76.503; and channel occupancy limits, 47 C.F.R. § 76.504; cable/SMATV cross-ownership, 47 C.F.R. § 76.501(d); cable-telco buyout prohibition 47 C.F.R. § 76.505; and the effective competition test 47 C.F.R. § 76.905. These rules apply to the following cable rules: commercial leased access, 47 C.F.R. § 76.970; program access, 47 C.F.R. § 76.1000; carriage discrimination, 47 C.F.R. § 76.1300; open video systems, 47 C.F.R. § 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. § 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. § 76.922(f)(6). I would also have allowed for full transferability of the interests grandfathered under this Report and Order.
• http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • Act states that the purpose of this section is to increase competition and diversity in the multichannel video programming market, to increase the availability of satellite cable programming and satellite broadcast programming to persons in rural and other areas not currently able to receive such programming, and to spur the development of communications technologies. See 47 U.S.C. §548(a); 47 C.F.R. §§76.1000-1004. Section 602(13) states: "[T]he term 'multichannel video programming distributor' means a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming." 154See 47 U.S.C. §§535(d) (for noncommercial educational television
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.txt http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.wp
  • through which ÔCongress sought to minimize the incentive and ability of vertically integrated programming suppliers to Ôfavor affiliated cable operators over nonaffiliated cable operators or other MVPDs in the sale of satellite Ö Among other restrictions, the rules prohibit any cable Ô�The attribution of corporate interests for purposes of the program access rules is determined under sections À 76.501 note, 76.1000(b). Under those provisions, Ö in a satellite cable programming vendor from improperly Ôinfluencing the decisions of the vendor with respect to the sale or delivery, including prices, terms, and Ôconditions of sale or delivery, of satellite cable programming or satellite broadcast programming to any Ö The rules also prohibit vertically integrated satellite programming distributors Ôfrom discriminating in the prices or
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • TCI systems in separate subsidiaries. WCA states that Time Warner and AT&T should not be able to argue that the Turner cable networks and the Liberty cable networks are exempt from the program access rules because Time Warner's 100% ownership of TWE and AT&T's 100% ownership of the TCI systems are not attributable. WCA requests that the Commission amend Section 76.1000(b) to make it clear that common ownership of, or an attributable interest in, both a cable operator and a cable programmer will trigger the rules. WCA states that this was the intent of Congress and that the Commission has recognized that vertical integration also occurs where a cable programmer holds an ownership interest in a cable operator. As a preliminary
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.txt
  • para. 152. See Senate Report at 33 (``[L]arge MSOs have the market power to determine what programming services can `make it' on cable.''). 47 C.F.R. § 76.504. 47 C.F.R. § 76.970 et seq. 47 C.F.R. § 76.55 et seq. Second Report and Order at para. 26; Second Order on Reconsideration at para. 42. 47 U.S.C. § 628; 47 C.F.R. § 76.1000 et seq. See, e.g., In re Motion of AT&T Corp. to be Reclassified as a Non-Dominant Carrier, 11 FCC Rcd 3271 (1995). We also recognize that the courts have generally found that a firm can not successfully obtain a monopoly with less than a 30% market share. Antitrust Law Developments (Fourth) 298-99 and cases cited therein. Cable operators frequently associate
• http://transition.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.doc http://transition.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.txt
  • Stat. 1501 (enacting S. 1948, including the Satellite Home Viewer Improvement Act of 1999 (``SHVIA''), Title I of the Intellectual Property and Communications Omnibus Reform Act of 1999, relating to copyright licensing and carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.). See Section III.B, supra. 47 C.F.R. § 76.503. 47 C.F.R. §§ 76.1000-76.1004. 47 C.F.R. § 76.504. See US West Comments at 5-6; TAP Comments at 29-30; GTE Comments at 5; WCA Comments at 5; SBC Comments at 21-25; BellSouth Reply Comments at 2-3; SBC Reply Comments at 3. See Echostar Comments at 8-9; Ameritech Comments at 10-11; MCI WorldCom Comments at 4; BellSouth Reply Comments at 5; Seren Reply Comments at 1.
• http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.doc http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.txt
  • carriage context, Gemstar has requested a ruling from the Commission that its electronic program guide is program-related and must be carried by cable operators. See Gemstar Int'l Group. Ltd. and Gemstar Development Corp., Petition for Special Relief Seeking Commission Order to Discontinue Stripping Information from Broadcast VBI, Public Notice, DA 00-670 (rel. March 24, 2000). 47 U.S.C. §548(a); 47 C.F.R. §§76.1000-1004. DTV Must Carry Notice, 13 FCC Rcd at 15125. 47 C.F.R. §76.1000(e). 47 U.S.C. §534(b)(5). See 47 U.S.C. §535(b)(3)(C) and (e). S. Rep. No. 92, 102d Cong., 1st Sess. at 85 (1991). DTV Must Carry Notice, 13 FCC Rcd at 15123. NCTA Comments at 12-13. NCTA Reply Comments at 19 (quoting 47 U.S.C. § 534(h)(1)(A)). UCC Comments at 8 (citation
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc01001.doc http://transition.fcc.gov/Bureaus/Cable/Reports/fcc01001.pdf http://transition.fcc.gov/Bureaus/Cable/Reports/fcc01001.txt
  • News, July 10, 2000, at 80. Compare Table D-4 infra with 1999 Report, 15 FCC Rcd at 1112 Appendix D, Table D-4, 1998 Report, 13 FCC Rcd at 24442, Appendix D, Table D-4, and 1997 Report, 13 FCC Rcd at 1222-25 App. F, Tbls. F-3 and F-4. See section 628(c)(5) of the Communications Act, 47 U.S.C. §548(c)(5). 47 C.F.R. §§ 76.1000-76.1003. See also 47 U.S.C. § 536(a)(2); 47 U.S.C. § 548(a)(2). See section 19 of the 1992 Cable Act, Development of Competition and Diversity in Video Programming Distribution. See also 47 U.S.C. § 548. While the program access rules do prohibit vertically integrated satellite programming distributors, including DBS, from discriminating in the prices or terms and conditions of sale of satellite-delivered
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • F-1 1997 Report, 13 FCC Rcd at 1213-16 App. F, Tbl. F-1 with infra App. D, Tbl. D-1. 675Compare 1996 Report, 12 FCC Rcd at 4509-12 App. F, Tbl. F-1 1997 Report, 13 FCC Rcd at 1213-16 App. F, Tbl. F-1 with infra App. D, Tbl. D-1. 676See 47 C.F.R. § 76.503, 47 C.F.R. § 76.504. 677See 47 C.F.R. § 76.1000(b). 678Kent Gibbons, Glenn Jones Cashes In Now, Multichannel News, Aug. 17, 1998, at 1. 96 ratings, nine of the top 15 video programming services are vertically integrated, whereas seven of the top 15 services were vertically integrated in 1997 and eight of top 15 were vertically integrated in 1996.672 163. Vertical integration in national cable programming continues to involve principally
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc99418.doc http://transition.fcc.gov/Bureaus/Cable/Reports/fcc99418.txt
  • 10. Price Colman, Programmers Act Against Action Plus, Broadcasting & Cable, December 14, 1998, at 50. Price Colman and John M. Higgins, Icy After the Sunset, Broadcasting & Cable, March 22 1999, at 38. Comcast Reply Comments at 20. See also Comcast, ex parte submission, Dec. 3, 1999. The Commission's program access rules are set forth at 47 C.F.R. §§ 76.1000-76.1003, and the program carriage rules are set forth at 47 C.F.R. §§ 76.1300-76.1302. See also 47 U.S.C. § 536(a)(2); 47 U.S.C. § 548. See Section 19 of the 1992 Cable Act, Development of Competition and Diversity in Video Programming Distribution. See also 47 U.S.C. § 548. DBS providers are exempt from the program access rules and are allowed to enter
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • AT&T/TCI Order, 14 FCC Rcd at 3207-08, paras. 98-99, n.287 (acknowledging that AT&T's acquisition of TCI would implicate the Commission's commercial mobile radio service (CMRS) spectrum cap, 47 C.F.R. § 20.6); 14 FCC Rcd at 3177-81, paras. 31-40 (affirming that a merged AT&T-TCI would still be subject to the Commission's rules protecting competitive access to cable programming, 47 C.F.R. §§ 76.1000-76.1004). See also infra discussion concerning spectrum cap in Section VIII.A. (Wireless Services). See, e.g., AT&T/TCI Order, 14 FCC Rcd at 3224-26, paras. 137-39 (examining the merger's effect on the preservation and advancement of the Commission's universal service goals and concluding that AT&T's planned deployment of cable telephony furthers the goal of providing equal and expanded access to advanced telecommunications technologies);
• http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99109.pdf http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99109.txt http://transition.fcc.gov/Bureaus/International/Orders/1999/fcc99109.wp
  • them the ability to exercise market power in the programming market. See, e.g. 1997 Cable Competition Report, 13 FCC Rcd. at 1108. See also Tele-Communications, Inc., FCC 99-24 at 31-42 (similar analysis in the context of an acquisition of a MVPD). 39 See 1998 Cable Competition Report, 13 FCC Rcd. 24284, Appendix E. The Commission's program access rules, 47 C.F.R. 76.1000-.1003, derive from Section 628 of the Communications Act, 47 U.S.C. 548, which prohibits unfair or discriminatory practices in the sale of programming intended for cable and satellite broadcasting. Section 628 is intended to increase competition in the multichannel video programming market, as well as to foster the development of competition to traditional cable systems, by making it "unlawful for a
• http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.doc http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.html http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.txt
  • 1996, CC Docket No. 98-146, Second Report, FCC 00-290 (rel. Aug. 21, 2000) at ¶ 3 (``Second 706 Report'') (noting that ``[w]ith advanced telecommunications capability consumers can take advantage of advanced services that allow residential and business consumers to create and access content, sophisticated applications, and high-bandwidth services''). See, e.g., 47 U.S.C. §§ 533(f), 548; 47 C.F.R. §§ 76.503, 76.504, 76.1000-76.1004; AT&T-MediaOne Order, 15 FCC Rcd at 9835 ¶ 38. 47 U.S.C. § 521(4). 47 U.S.C. § 523(a). Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 663 (1994); see also id., 512 U.S. at 657 (``[T]he
• http://transition.fcc.gov/cgb/dro/cc_report.html
  • captioning on or off. End Footnote 1.] It provides, for the first time, a look at the closed captioning problems encountered by consumers, the responses to these complaints by video programming distributors (VPDs) [Footnote 2:"Video programming distributor" is defined as (1) any television broadcast station licensed by the Commission; (2) any multichannel video programming distributor (MVPD) as defined in Section 76.1000(e); and (3) any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. 47 C.F.R. 79.1(a)(2). MVPD is "an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not limited
• http://transition.fcc.gov/cgb/dro/emerg_order.doc
  • Communications Act of 1934, as amended, 47 U.S.C. § 613, Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56 (1996). Video programming distributor is defined in 47 C.F.R. § 79.1(a)(2), and that definition will apply here. See 47 C.F.R. § 79.1(a)(2) (any television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in Section 76.1000 of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission). 47 C.F.R. §§ 79.1(b)(1), (b)(3), (d), (e), (f). Report and Order, 13 FCC Rcd at 3386-7 ¶¶ 252-3. Closed Captioning and Video Description of Video Programming, Implementation of Section 305
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • 11.51(a). The modulation levels for the audio Attention Signal must comply with the aural signal requirements in Section 76.605 of the Commission's rules. 47 C.F.R. 11.51 (g)(1), (h)(1); see generally 47 C.F.R. 76.605. 215 See 47 C.F.R. 79.1(a)(2) (defining ``video programming distributors,'' as ``[a]ny television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in 76.1000(e) of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission''). See also 47 C.F.R. 76.1000(e) (defining ``multichannel video programming distributor'' as ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video
• http://transition.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • from 123 See Implementation of the Cable Television Consumer Protection And Competition Act of 1992, Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act, Sunset of Exclusive Contract Prohibition, CS Docket 02-190, Report and Order ("Program Access Report & Order") FCC 02-176, ¶¶ 123-41; 8 FCC Rcd at 3416-23; see also 47 C.F.R. §§ 76.1000 et seq. 124 See 1994 MVPD Competition Report ¶¶ 182-83 125 For example, regional clustering of systems combined with a system's ownership of one or more regional programming networks may create one such opportunity for cable operators to shift (regional) programming to terrestrial distribution to facilitate denial of the programming to competitors. See Program Access Report & Order, FCC 02-176,
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • company that is franchised to provide cable service, as defined in 47 C.F.R. § 76.5(ff) of the Commission's rules, in all or part of the MVDDS license area. (c) For the purpose of this section, the term "MVPD household" refers to a household that subscribes to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 C.F.R. § 76.1000(e) of the Commission's rules. Federal Communications Commission FCC 02-116 118 (d) Waiver of restriction. Upon completion of the initial award of an MVDDS license, a cable operator may petition for a waiver of the restriction on eligibility based upon a showing that changed circumstances or new evidence indicate that no significant likelihood of substantial competitive harm will result from the
• http://wireless.fcc.gov/auctions/53/resources/M_Pollak.doc http://wireless.fcc.gov/auctions/53/resources/M_Pollak.pdf
  • company that is franchised to provide cable service, as defined in 47 C.F.R. § 76.5(ff) of the Commission's rules, in all or part of the MVDDS license area. (c) For the purpose of this section, the term ``MVPD household'' refers to a household that subscribes to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 C.F.R. § 76.1000(e) of the Commission's rules. (d) Waiver of restriction. Upon completion of the initial award of an MVDDS license, a cable operator may petition for a waiver of the restriction on eligibility based upon a showing that changed circumstances or new evidence indicate that no significant likelihood of substantial competitive harm will result from the operator retaining an attributable interest in
• http://wireless.fcc.gov/auctions/63/resources/MVDDS_rules_excerpts.doc http://wireless.fcc.gov/auctions/63/resources/MVDDS_rules_excerpts.pdf
  • operator'' means a company that is franchised to provide cable service, as defined in 47 CFR 76.5(ff) of this chapter, in all or part of the MVDDS license area. (c) For the purpose of this section, the term ``MVPD household'' refers to a household that subscribes to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 CFR 76.1000(e) of this chapter. (d) Waiver of restriction. Upon completion of the initial award of an MVDDS license, a cable operator may petition for a waiver of the restriction on eligibility based upon a showing that changed circumstances or new evidence indicate that no significant likelihood of substantial competitive harm will result from the operator retaining an attributable interest in the
• http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.doc http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.html http://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9016.txt
  • following cable rules: horizontal ownership limits, 47 C.F.R. § 76.503; and channel occupancy limits, 47 C.F.R. § 76.504; cable/SMATV cross-ownership, 47 C.F.R. § 76.501(d); cable-telco buyout prohibition 47 C.F.R. § 76.505; and the effective competition test 47 C.F.R. § 76.905. These rules apply to the following cable rules: commercial leased access, 47 C.F.R. § 76.970; program access, 47 C.F.R. § 76.1000; carriage discrimination, 47 C.F.R. § 76.1300; open video systems, 47 C.F.R. § 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. § 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. § 76.922(f)(6). I would also have allowed for full transferability of the interests grandfathered under this Report and Order.
• http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.txt http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • Act states that the purpose of this section is to increase competition and diversity in the multichannel video programming market, to increase the availability of satellite cable programming and satellite broadcast programming to persons in rural and other areas not currently able to receive such programming, and to spur the development of communications technologies. See 47 U.S.C. §548(a); 47 C.F.R. §§76.1000-1004. Section 602(13) states: "[T]he term 'multichannel video programming distributor' means a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming." 154See 47 U.S.C. §§535(d) (for noncommercial educational television
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992405.doc
  • Distribution and Carriage (``Report and Order''). Included in that decision were certain changes regarding the ability of programmers to require joint and several liability of buying group members. Those changes, however, were inadvertently omitted from the modifications made to the relevant sections of the Code of Federal Regulations. 2. The Commission issues this Erratum to make appropriate changes to Section 76.1000(c) of the Commission's rules to conform it to the text of the Report and Order. The Commission accordingly amends Appendix A to its Report and Order. This Erratum shall be effective upon publication in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Deborah A. Lathen Chief, Cable Services Bureau Appendix A Part 76 of Title 47 of the Code of Federal regulations
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.txt http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.wp
  • through which ÔCongress sought to minimize the incentive and ability of vertically integrated programming suppliers to Ôfavor affiliated cable operators over nonaffiliated cable operators or other MVPDs in the sale of satellite Ö Among other restrictions, the rules prohibit any cable Ô�The attribution of corporate interests for purposes of the program access rules is determined under sections À 76.501 note, 76.1000(b). Under those provisions, Ö in a satellite cable programming vendor from improperly Ôinfluencing the decisions of the vendor with respect to the sale or delivery, including prices, terms, and Ôconditions of sale or delivery, of satellite cable programming or satellite broadcast programming to any Ö The rules also prohibit vertically integrated satellite programming distributors Ôfrom discriminating in the prices or
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • TCI systems in separate subsidiaries. WCA states that Time Warner and AT&T should not be able to argue that the Turner cable networks and the Liberty cable networks are exempt from the program access rules because Time Warner's 100% ownership of TWE and AT&T's 100% ownership of the TCI systems are not attributable. WCA requests that the Commission amend Section 76.1000(b) to make it clear that common ownership of, or an attributable interest in, both a cable operator and a cable programmer will trigger the rules. WCA states that this was the intent of Congress and that the Commission has recognized that vertical integration also occurs where a cable programmer holds an ownership interest in a cable operator. As a preliminary
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.txt
  • para. 152. See Senate Report at 33 (``[L]arge MSOs have the market power to determine what programming services can `make it' on cable.''). 47 C.F.R. § 76.504. 47 C.F.R. § 76.970 et seq. 47 C.F.R. § 76.55 et seq. Second Report and Order at para. 26; Second Order on Reconsideration at para. 42. 47 U.S.C. § 628; 47 C.F.R. § 76.1000 et seq. See, e.g., In re Motion of AT&T Corp. to be Reclassified as a Non-Dominant Carrier, 11 FCC Rcd 3271 (1995). We also recognize that the courts have generally found that a firm can not successfully obtain a monopoly with less than a 30% market share. Antitrust Law Developments (Fourth) 298-99 and cases cited therein. Cable operators frequently associate
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00136.doc
  • Communications Act of 1934, as amended, 47 U.S.C. § 613, Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56 (1996). Video programming distributor is defined in 47 C.F.R. § 79.1(a)(2), and that definition will apply here. See 47 C.F.R. § 79.1(a)(2) (any television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in Section 76.1000 of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission). 47 C.F.R. §§ 79.1(b)(1), (b)(3), (d), (e), (f). Report and Order, 13 FCC Rcd at 3386-7 ¶¶ 252-3. Closed Captioning and Video Description of Video Programming, Implementation of Section 305
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.doc http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00202.txt
  • Stat. 1501 (enacting S. 1948, including the Satellite Home Viewer Improvement Act of 1999 (``SHVIA''), Title I of the Intellectual Property and Communications Omnibus Reform Act of 1999, relating to copyright licensing and carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.). See Section III.B, supra. 47 C.F.R. § 76.503. 47 C.F.R. §§ 76.1000-76.1004. 47 C.F.R. § 76.504. See US West Comments at 5-6; TAP Comments at 29-30; GTE Comments at 5; WCA Comments at 5; SBC Comments at 21-25; BellSouth Reply Comments at 2-3; SBC Reply Comments at 3. See Echostar Comments at 8-9; Ameritech Comments at 10-11; MCI WorldCom Comments at 4; BellSouth Reply Comments at 5; Seren Reply Comments at 1.
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.txt
  • MediaOne Group, Inc., Transferor, to AT&T Corp., Transferee, CS Docket No. 99-251, AOL Comments at 12-17; In the Matter of Application for Consent to the Transfer of Licenses and Section 214 Authorizations from Tele-Communications, Inc, Transferor, to AT&T Corp., Transferee, CS Docket No. 98-178, AOL Comments at 30-39. See, e.g., 47 U.S.C. §§ 533(f), 548; 47 C.F.R. §§ 76.503, 76.504, 76.1000-76.1004; AT&T-MediaOne Order, 15 FCC Rcd at 9835 ¶ 38. In the Matter of America Online, Inc. and Time Warner Inc.¸ FTC Docket No. C-3989, Agreement Containing Consent Orders; Decision and Order, 2000 WL 1843019 (FTC) (proposed Dec. 14, 2000) (``FTC Consent Agreement''). See Appendix A for a list of commenters in this proceeding. See Nondiscrimination in the Distribution of Interactive
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.txt
  • carriage context, Gemstar has requested a ruling from the Commission that its electronic program guide is program-related and must be carried by cable operators. See Gemstar Int'l Group. Ltd. and Gemstar Development Corp., Petition for Special Relief Seeking Commission Order to Discontinue Stripping Information from Broadcast VBI, Public Notice, DA 00-670 (rel. March 24, 2000). 47 U.S.C. §548(a); 47 C.F.R. §§76.1000-1004. DTV Must Carry Notice, 13 FCC Rcd at 15125. 47 C.F.R. §76.1000(e). 47 U.S.C. §534(b)(5). See 47 U.S.C. §535(b)(3)(C) and (e). S. Rep. No. 92, 102d Cong., 1st Sess. at 85 (1991). DTV Must Carry Notice, 13 FCC Rcd at 15123. NCTA Comments at 12-13. NCTA Reply Comments at 19 (quoting 47 U.S.C. § 534(h)(1)(A)). UCC Comments at 8 (citation
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc01001.doc http://www.fcc.gov/Bureaus/Cable/Reports/fcc01001.pdf http://www.fcc.gov/Bureaus/Cable/Reports/fcc01001.txt
  • News, July 10, 2000, at 80. Compare Table D-4 infra with 1999 Report, 15 FCC Rcd at 1112 Appendix D, Table D-4, 1998 Report, 13 FCC Rcd at 24442, Appendix D, Table D-4, and 1997 Report, 13 FCC Rcd at 1222-25 App. F, Tbls. F-3 and F-4. See section 628(c)(5) of the Communications Act, 47 U.S.C. §548(c)(5). 47 C.F.R. §§ 76.1000-76.1003. See also 47 U.S.C. § 536(a)(2); 47 U.S.C. § 548(a)(2). See section 19 of the 1992 Cable Act, Development of Competition and Diversity in Video Programming Distribution. See also 47 U.S.C. § 548. While the program access rules do prohibit vertically integrated satellite programming distributors, including DBS, from discriminating in the prices or terms and conditions of sale of satellite-delivered
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • F-1 1997 Report, 13 FCC Rcd at 1213-16 App. F, Tbl. F-1 with infra App. D, Tbl. D-1. 675Compare 1996 Report, 12 FCC Rcd at 4509-12 App. F, Tbl. F-1 1997 Report, 13 FCC Rcd at 1213-16 App. F, Tbl. F-1 with infra App. D, Tbl. D-1. 676See 47 C.F.R. § 76.503, 47 C.F.R. § 76.504. 677See 47 C.F.R. § 76.1000(b). 678Kent Gibbons, Glenn Jones Cashes In Now, Multichannel News, Aug. 17, 1998, at 1. 96 ratings, nine of the top 15 video programming services are vertically integrated, whereas seven of the top 15 services were vertically integrated in 1997 and eight of top 15 were vertically integrated in 1996.672 163. Vertical integration in national cable programming continues to involve principally
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc99418.doc http://www.fcc.gov/Bureaus/Cable/Reports/fcc99418.txt
  • 10. Price Colman, Programmers Act Against Action Plus, Broadcasting & Cable, December 14, 1998, at 50. Price Colman and John M. Higgins, Icy After the Sunset, Broadcasting & Cable, March 22 1999, at 38. Comcast Reply Comments at 20. See also Comcast, ex parte submission, Dec. 3, 1999. The Commission's program access rules are set forth at 47 C.F.R. §§ 76.1000-76.1003, and the program carriage rules are set forth at 47 C.F.R. §§ 76.1300-76.1302. See also 47 U.S.C. § 536(a)(2); 47 U.S.C. § 548. See Section 19 of the 1992 Cable Act, Development of Competition and Diversity in Video Programming Distribution. See also 47 U.S.C. § 548. DBS providers are exempt from the program access rules and are allowed to enter
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • AT&T/TCI Order, 14 FCC Rcd at 3207-08, paras. 98-99, n.287 (acknowledging that AT&T's acquisition of TCI would implicate the Commission's commercial mobile radio service (CMRS) spectrum cap, 47 C.F.R. § 20.6); 14 FCC Rcd at 3177-81, paras. 31-40 (affirming that a merged AT&T-TCI would still be subject to the Commission's rules protecting competitive access to cable programming, 47 C.F.R. §§ 76.1000-76.1004). See also infra discussion concerning spectrum cap in Section VIII.A. (Wireless Services). See, e.g., AT&T/TCI Order, 14 FCC Rcd at 3224-26, paras. 137-39 (examining the merger's effect on the preservation and advancement of the Commission's universal service goals and concluding that AT&T's planned deployment of cable telephony furthers the goal of providing equal and expanded access to advanced telecommunications technologies);
• http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99109.pdf http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99109.txt http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99109.wp
  • them the ability to exercise market power in the programming market. See, e.g. 1997 Cable Competition Report, 13 FCC Rcd. at 1108. See also Tele-Communications, Inc., FCC 99-24 at 31-42 (similar analysis in the context of an acquisition of a MVPD). 39 See 1998 Cable Competition Report, 13 FCC Rcd. 24284, Appendix E. The Commission's program access rules, 47 C.F.R. 76.1000-.1003, derive from Section 628 of the Communications Act, 47 U.S.C. 548, which prohibits unfair or discriminatory practices in the sale of programming intended for cable and satellite broadcasting. Section 628 is intended to increase competition in the multichannel video programming market, as well as to foster the development of competition to traditional cable systems, by making it "unlawful for a
• http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.doc http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.html http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.txt
  • 1996, CC Docket No. 98-146, Second Report, FCC 00-290 (rel. Aug. 21, 2000) at ¶ 3 (``Second 706 Report'') (noting that ``[w]ith advanced telecommunications capability consumers can take advantage of advanced services that allow residential and business consumers to create and access content, sophisticated applications, and high-bandwidth services''). See, e.g., 47 U.S.C. §§ 533(f), 548; 47 C.F.R. §§ 76.503, 76.504, 76.1000-76.1004; AT&T-MediaOne Order, 15 FCC Rcd at 9835 ¶ 38. 47 U.S.C. § 521(4). 47 U.S.C. § 523(a). Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 663 (1994) (quoting United States v. Midwest Video Corp., 406 U.S. 649, 668 n.27 (1972)). Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 663 (1994); see also id., 512 U.S. at 657 (``[T]he
• http://www.fcc.gov/cgb/dro/cc_report.html
  • captioning on or off. End Footnote 1.] It provides, for the first time, a look at the closed captioning problems encountered by consumers, the responses to these complaints by video programming distributors (VPDs) [Footnote 2:"Video programming distributor" is defined as (1) any television broadcast station licensed by the Commission; (2) any multichannel video programming distributor (MVPD) as defined in Section 76.1000(e); and (3) any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. 47 C.F.R. 79.1(a)(2). MVPD is "an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not limited
• http://www.fcc.gov/cgb/dro/emerg_order.doc
  • Communications Act of 1934, as amended, 47 U.S.C. § 613, Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56 (1996). Video programming distributor is defined in 47 C.F.R. § 79.1(a)(2), and that definition will apply here. See 47 C.F.R. § 79.1(a)(2) (any television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in Section 76.1000 of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission). 47 C.F.R. §§ 79.1(b)(1), (b)(3), (d), (e), (f). Report and Order, 13 FCC Rcd at 3386-7 ¶¶ 252-3. Closed Captioning and Video Description of Video Programming, Implementation of Section 305
• http://www.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • 11.51(a). The modulation levels for the audio Attention Signal must comply with the aural signal requirements in Section 76.605 of the Commission's rules. 47 C.F.R. 11.51 (g)(1), (h)(1); see generally 47 C.F.R. 76.605. 215 See 47 C.F.R. 79.1(a)(2) (defining ``video programming distributors,'' as ``[a]ny television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in 76.1000(e) of this chapter, and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission''). See also 47 C.F.R. 76.1000(e) (defining ``multichannel video programming distributor'' as ``an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video
• http://www.fcc.gov/mb/engineering/76print.html
  • [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform rate structure. [140]76.985 Subscriber bill itemization. [141]76.986 "A la carte" offerings. [142]76.987 New product tiers. [143]76.990 Small cable operators. Subpart O -- Competitive Access to Cable Programming [144]76.1000 Definitions. [145]76.1001 Unfair practices generally. [146]76.1002 Specific unfair practices prohibited. [147]76.1003 Program access proceedings. [148]76.1004 Applicability of program access rules to common carriers and affiliates. [149]76.100576.1010 [Reserved] Subpart P -- Competitive Availability of Navigation Devices [150]76.1200 Definitions. [151]76.1201 Rights of subscribers to use or attach navigation devices. [152]76.1202 Availability of navigation devices. [153]76.1203 Incidence of harm. [154]76.1204 Availability of equipment
• http://www.fcc.gov/mb/engineering/part76.pdf
  • 76.978 Leased access annual reporting requirement. § 76.980 Charges for customer changes. § 76.981 Negative option billing. § 76.982 Continuation of rate agreements. § 76.983 Discrimination. § 76.984 Geographically uniform rate structure. § 76.985 Subscriber bill itemization. § 76.986 "A la carte" offerings. § 76.987 New product tiers. § 76.990 Small cable operators. Subpart O-Competitive Access to Cable Programming § 76.1000 Definitions. § 76.1001 Unfair practices generally. § 76.1002 Specific unfair practices prohibited. § 76.1003 Program access proceedings. § 76.1004 Applicability of program access rules to common carriers and affiliates. §§ 76.1005-76.1010 [Reserved] Subpart P-Competitive Availability of Navigation Devices § 76.1200 Definitions. § 76.1201 Rights of subscribers to use or attach navigation devices. § 76.1202 Availability of navigation devices. § 76.1203
• http://www.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • from 123 See Implementation of the Cable Television Consumer Protection And Competition Act of 1992, Development of Competition and Diversity in Video Programming Distribution: Section 628(c)(5) of the Communications Act, Sunset of Exclusive Contract Prohibition, CS Docket 02-190, Report and Order ("Program Access Report & Order") FCC 02-176, ¶¶ 123-41; 8 FCC Rcd at 3416-23; see also 47 C.F.R. §§ 76.1000 et seq. 124 See 1994 MVPD Competition Report ¶¶ 182-83 125 For example, regional clustering of systems combined with a system's ownership of one or more regional programming networks may create one such opportunity for cable operators to shift (regional) programming to terrestrial distribution to facilitate denial of the programming to competitors. See Program Access Report & Order, FCC 02-176,
• http://www.fcc.gov/transaction/aol-tw/aol-tw_rc051100.pdf
  • programming. After the merger, all MVPDs, regardless of size, will continue to have access to AOL Time Warner affiliated programming. Not only is this required by the Commission's program access rules,121 but, as explained above, this has always been Time Warner's policy in the past-and it will continue to be AOL Time Warner's policy in the future. 121 47 C.F.R. §76.1000 et seq. See also SBC Comments at 33 (alleging that the merged company will "requir[e] independent distributors to purchase unreasonably large bundles of AOL/Time Warner content"). Applicants also note that the Commission dismissed similar claims by ACA (then known as the Small Cable Business Association) in its review of the Capital Cities/ABC/Disney merger. In that proceeding, ACA claimed that "CC/ABC
• http://www.fcc.gov/transaction/aol-tw_nar071700.pdf
  • sporting events), and "virtual" local television affiliates that distribute programming from the PBS, UPN, or WB networks in DMAs where such networks have no off-air local affiliate or, in the case of PBS, to distribute additional educational programming not available over the local affiliate. 2.41Does Time Warner have an attributable interest (as that term is defined in 47 C.F.R. § 76.1000) in any video programming network that is not transmitted via satellite? If so, please identify all such video programming networks. The only video programming network in which Time Warner holds an attributable interest (as that term is defined in 47 C.F.R. §76.1000) that is not transmitted via satellite is Time Warner's local New York City cable news channel, NY1. As
• http://www.fcc.gov/transaction/echostar-directv/genmot3_reply022502.pdf
  • Eighth MVPD Annual Report, FCC 01-389, App. D, Tables D-6 and D-7 (rel. Jan. 14, 2002). 298 See e.g., NRTC Petition at 68-72; Pegasus Petition at 73-76. 299 See e.g., Application at 6. 300 See Letter from Pantelis Michalopoulos to Magalie Roman Salas at 1-2 (Dec. 18, 2001) ("Vivendi Notification Letter"). 301 Id. at 2. 302 See 47 C.F.R. § 76.1000. 122 rules, the Commission does not have concerns with ownership interests that are below 5%, the Commission should similarly have little concern over the relationship of Vivendi and the merged EchoStar-Hughes entity.303 Indeed, with voting rights below 5%, Vivendi will not have the ability to exercise any control or influence over the merged EchoStar-Hughes entity. Second, a programmer like Vivendi
• http://www.fcc.gov/transaction/echostar-directv/national_petdeny020402.pdf
  • Annual Competition Report, ¶156. See also 47 C.F.R. § 76.1001. 254 Vivendi's investment in EchoStar apparently would fall within the purview of the Commission's provisions designed to control the anti-competitive effects of vertical integration in the cable industry. These rules attribute all voting and nonvoting equity interests, including insulated limited partnership interests, of 5% or more. See 47 C.F.R. §§ 76.1000; 76.501, Notes 1-5. 71 162. The Applicants' disclosures to the Commission regarding the Vivendi Deal also raise serious character questions. The Vivendi Deal apparently was the subject of ongoing discussions and negotiations between and among the Applicants and Vivendi long before the Application was filed with the Commission.255 The Applicants' representations to the contrary -- including specifically that they have
• http://www.fcc.gov/transaction/ltrfromfcc062300.doc http://www.fcc.gov/transaction/ltrfromfcc062300.pdf
  • in your Orlando, Florida cluster). Does Time Warner have any exclusive carriage contracts with video programming networks (including but not limited to local sports networks, regional programming networks, and national programming networks such as Home Box Office)? Is so, please produce any such contracts. Does Time Warner have an attributable interest (as that term is defined in 47 C.F.R. § 76.1000) in any video programming network that is not transmitted via satellite? Is so, please identify all such video programming networks. In Time Warner and AOL's reply comments in this proceeding dated May 11, 2000 at page 45, the Applicants state that it would be counterproductive to condition access to Time Warner's affiliated video programming upon carriage of AOL's ISP service.
• http://www.fcc.gov/transaction/xm-sirius/document-request-sirius.pdf
  • any affiliate in which Sirius Satellite Radio Inc.or its subsidiary holds an Attributable Interest. B."XM" means XM SatelliteRadio Holdings Inc., its subsidiaries, and any affiliate in which XM Satellite Radio Holdings Inc. or its subsidiary, holds an Attributable Interest. C.The term "Applicants" means Sirius and XM. D.The term "Attributable Interest" means any interest that is cognizable or attributable under Section 76.1000(b) of the Commission's Rules, 47 C.F.R. § 76.1000(b), as if applicable to Sirius, including but not limited to: (a) any equity interest or any debt interest, including, but not limited to (1) voting or non-voting stock, options or warrants (whether or not exercised); partnership interests; or limited liability company interests; (2) any agreements, term sheets or letters of intent, whether
• http://www.fcc.gov/transaction/xm-sirius/document-request-xm.pdf
  • any affiliate in which XM Satellite Radio Holdings Inc. or its subsidiary holds an Attributable Interest. B."Sirius" means Sirius SatelliteRadio Inc., its subsidiaries, and any affiliate in which Sirius Satellite Radio Inc. or its subsidiary, holds an Attributable Interest. C.The term "Applicants" means XM and Sirius. D.The term "Attributable Interest" means any interest that is cognizable or attributable under Section 76.1000(b) of the Commission's Rules, 47 C.F.R. § 76.1000(b), as if applicable to XM, including but not limited to: (a) any equity interest or any debt interest, including, but not limited to (1) voting or non-voting stock, options or warrants (whether or not exercised); partnership interests; or limited liability company interests; (2) any agreements, term sheets or letters of intent, whether