FCC Web Documents citing 76.1300

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

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  • 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 the Communications Act of 1934. Legal Basis: 47 U.S.C. 152(a), 154(i), and 303(r). Section Number and Title: 76.1300 Definitions. 76.1301 Prohibited practices. 76.1302 Carriage agreement proceedings. PART 87 -- AVIATION SERVICES SUBPART F -- AIRCRAFT STATIONS Brief Description: This part states the conditions under which radio stations may be licensed and used in the aviation services. Subpart F sets forth, among other things, the requirements for emergency locator transmitters (ELTs) that operate in the 406.0-406.1 MHz band. An
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  • OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION AND CARRIAGE MB Docket No. 07-42 Comment Date: September 4, 2007 Reply Comment Date: September 21, 2007 On June 15, 2007, the Commission released a Notice of Proposed Rulemaking (Notice) in this proceeding, seeking comment on its commercial leased access, 47 CFR sections 76.970 through 76.977, and program carriage, 47 CFR sections 76.1300 through 76.1302, complaint processes. The Notice set deadlines for filing comments and reply comments at 45 and 65 days, respectively, after publication of the Notice in the Federal Register. . , (202) 418-2388. TTY: (202) 418-7172 or (888) 835-5322. By the Chief, Media Bureau - FCC - Leased Commercial Access; Development of Competition and Diversity in Video Programming Distribution and
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  • August 24, 2007 Revised date for filing Comments: September 11, 2007 Revised date for filing Reply Comments: October 12, 2007 By the Chief, Media Bureau: On June 15, 2007, the Commission released a Notice of Proposed Rulemaking (``Notice'' in this proceeding, seeking comment on its commercial leased access, 47 CFR sections 76.970 through 76.977, and program carriage, 47 CFR sections 76.1300 through 76.1302, complaint processes. The Notice set deadlines for filing comments and reply comments at 45 and 65 days, respectively, after publication of the Notice in the Federal Register. A summary of the Notice was published in the Federal Register on July 18, 2007. Accordingly, the comment filing dates were established as September 4, 2007 for comments and September 21,
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  • the program carriage rules in each case. We also find that the pleadings and supporting documentation present several factual disputes, such that we are unable to determine on the basis of the existing records whether we can grant relief based on these claims. WealthTV WealthTV is a video programming vendor as defined in Section 616(b) of the Act and Section 76.1300(e) of the Commission's rules. WealthTV focuses on ``inspirational and aspirational programming about prosperous and fulfilling lifestyles.'' WealthTV states that it is a ``truly independent stand-alone programming service'' and is not supported by or affiliated with any MVPD, telephone company, or broadcaster. WealthTV is currently carried by over 75 MVPDs. As discussed below, WealthTV had filed program carriage complaints against TWC,
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  • the effect of the conduct that prompts the complaint is to unreasonably restrain the ability of the complainant to compete fairly. . . . [T]he complaint must identify the relevant Commission regulation allegedly violated, and must describe with specificity the behavior constituting the alleged violation. The complainant must establish that it is a video programming vendor, as defined in Section [76.1300(e)] of the Commission's rules, and that the defendant is a multichannel distributor as defined in Section [76.1300(d)]. For complaints alleging discriminatory treatment that favors ``affiliated'' programming vendors, the complainant must provide evidence that the defendant has an attributable interest in the allegedly favored programming vendor, as set forth in [Section 76.1300(b)]. The complaint must be supported by documentary evidence of
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  • al., Order, MB Docket No. 08-214, FCC 08M-50 (rel. Dec. 2, 2008). 47 U.S.C. § 536. Section 616 was added to the Communications Act by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 U.S.C. § 536(a)(3). See also 47 C.F.R. § 76.1301(c) (implementing discrimination provision). See 47 C.F.R. §§ 76.1300 - 76.1302; Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992 and Development of Competition and Diversity in Video Programming Distribution and Carriage, 9 FCC Rcd 2642 (1993) (``Second Report and Order''). 47 C.F.R. § 76.1301(c). 47 C.F.R. § 0.203. 47 C.F.R. § 0.61(f)(7). See 47 C.F.R. § 76.1302(c), (d), (e). 47
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  • February 20, 2009 NFL Enterprises v. Comcast, File No. CSR-7876-P - February 27, 2009 This Order is issued pursuant to Sections 4(i), 4(j) and 616 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j) and 536, and Section 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), and 47 C.F.R. §§ 0.457(d), 76.7, and 76.1300-1302, and authority delegated under Section 0.283 of the Commission's rules, 47 C.F.R. § 0.283. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau APPENDIX A Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Time Warner Cable Inc. Defendant Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Bright House Networks, LLC,
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  • in behavior prohibited by Section 616 and the Commission's implementing rules. In previous cases assessing whether a complainant has established a prima facie case of program carriage discrimination, the Bureau has considered whether the complaint contains sufficient evidence to support the elements of a program carriage discrimination claim: (i) the complainant is a video programming vendor as defined in Section 76.1300(e) of the Commission's Rules; (ii) the defendant is an MVPD as defined in Section 76.1300(d) of the Commission's Rules; (iii) the complainant programmer is similarly situated to a programmer affiliated with the defendant MVPD; (iv) the defendant MVPD has treated the complainant programmer differently from its similarly situated, affiliated programmer with respect to the selection, terms, or conditions for carriage;
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  • met its burden of demonstrating that it is likely to prevail on the merits of its complaint, we find that grant of the Petition for Temporary Relief is unwarranted. ORDERING CLAUSES Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 616 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 536, and Sections 76.1300-1302 of the Commission's rules, 47 C.F.R. §§ 76.1300-1302, the Petition for Temporary Relief Pending Resolution of Program Carriage Complaint filed by Game Show Network, LLC IS DENIED. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules, 47 C.F.R. § 0.283. FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau See Game Show Network, LLC,
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  • Subsection (b) clarifies the attribution and affiliation standards for program carriage. Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 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. Section Number and Title: 76.1300(b) Definitions. SUBPART S-OPEN VIDEO SYSTEMS Brief Description: These rules set forth definitions to be used throughout Subpart S. Need: Subsection (h) clarifies the attribution and affiliation standards for open video systems. Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537,
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  • 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. §§ 76.1200-1210. See 47 U.S.C. § 325(b)(3)(C)(iii); 47 C.F.R. § 76.65(b). See 47 C.F.R. §§ 76.71-79, 76.1792, 76.1802. See 47 C.F.R. §§ 79.1-2. A non-MVPD that makes video programming available directly to the end user through a distribution method that uses Internet protocol (``IP'') would be subject to the Commission's new IP closed
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  • carriage discrimination, the Bureau has considered whether the complaint contains sufficient evidence to support the elements of a program carriage discrimination claim. As an initial matter, all complaints alleging a violation of any of the program carriage rules must contain evidence that (i) the complainant is a video programming vendor as defined in Section 616(b) of the Act and Section 76.1300(e) of the Commission's Rules or an MVPD as defined in Section 602(13) of the Act and Section 76.1300(d) of the Commission's Rules; and (ii) the defendant is an MVPD as defined in Section 602(13) of the Act and Section 76.1300(d) of the Commission's Rules. A prima facie case of discrimination ``on the basis of affiliation or nonaffiliation'' can be based
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  • two-way, satellite Internet service in conjunction with Gilat Satellite Netwroks, Microsoft Corp., and Echostar Communications. The most basic, unlimited access service is currently offered at $69.95. See http://www.starband.com (visited Nov. 21, 2000). , http://www8.zdnet.com/intweek/stories/news/0,4164,311162,00.html. See, e.g., 47 C.F.R. § 76.504 (prohibiting cable operators from devoting more than 40 percent of their first 75 channels to affiliated content); 47 C.F.R. § 76.1300 et seq. (``Regulation of Carriage Agreements,'' prohibiting various cable operator practices, including requiring grant of a financial interest in a channel or an exclusive distribution agreement in exchange for carriage). 47 C.F.R § 76.905. See 47 C.F.R. § 76.901 (``A small cable operator is an operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent
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  • in connection with such waiver. 5. Section 76.1510 is revised to read as follows: § 76.1510 Application of certain Title VI provisions The following sections within Part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video systems. 6. Section 76.1700 is amended by removing the word ``locally'' from the title, to
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  • include Section 76.611 as part of the requirements and should read as follows: § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); § 76.611 (signal leakage restrictions); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video systems. PART 78 - CABLE TELEVISION RELAY SERVICE 9. Amend
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  • systems for providing direct-to-home multichannel video programming via satellite, and satellite master antenna systems. (b) Multichannel video programming distributor. A person such as, but not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, or a television receive-only satellite program distributor, who owns or operates a multichannel video programming system. * * * * * Section 76.1300 is amended by revising paragraph (d) to read as follows: § 76.1300 Definitions. * * * * * (d) 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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  • 76.1803 and 76.1804 as part of the requirements and should read as follows: § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); § 76.611 (signal leakage restrictions); § 76.1803 and 76.1804 (signal leakage monitoring and aeronautical frequency notifications); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open
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  • post a bond, and that the arbitration process be similar to the one instituted in the News Corp.-Hughes Order. Id. Regarding its third (alternative) proposed condition, TAC requests that a ``fast-track'' complaint resolution process be instituted under the FCC's existing program access rules. Id. It appears, however, that TAC is referring to the Commission's program carriage rules, 47 C.F.R. § 76.1300-02. BTNC Sept. 7, 2005 Ex Parte at 9. CWA/IBEW Petition at 2. Id. Applicants' Reply at 27. Public Interest Statement at 79-80 (stating that the Commission previously indicated that cable operators serving fewer than 30% of MVPDs are not able to restrict unreasonably the flow of programming to consumers or hinder the development of new and diverse programming). Id. at
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  • Accordingly, IT IS ORDERED, that TCR Sports Broadcasting Holding, L.L.P.'s Complaint against Comcast Corporation is DESIGNATED FOR HEARING at a date and place to be specified in a subsequent order by an Administrative Law Judge. IT IS FURTHER ORDERED, that pursuant to Section 616 of the Communications Act of 1934, as amended, 47 U.S.C. § 536, and 47 C.F.R. §§ 76.1300-1302, TCR Sports Broadcasting Holding, L.L.P. and Comcast Corporation submit to the Commission, in writing within ten days of the stay of this Order being lifted, their respective elections as to whether each wishes to proceed to Alternative Dispute Resolution and, in the event that Alternative Dispute Resolution is chosen, will monthly update the Commission on the status of that process.
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  • 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, last year, we reported that
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  • of such service, from coercing a programmer to grant ``exclusive'' carriage rights, and from engaging in conduct that unreasonably restrains ``the ability of an unaffiliated programming vendor to compete fairly'' by discriminating against such vendor ``on the basis of affiliation or nonaffiliation.'' 47 C.F.R. § 76.1301(a)-(c). A programmer may file a program carriage complaint with the Commission. 47 C.F.R. §§ 76.1300-1302. See also, 47 U.S.C. § 536. Adelphia Order, 21 FCC Rcd at 8287, ¶ 189. Appendix B is worded to resolve program access complaints, but the procedures generally apply in the context of program carriage complaints. Adelphia Order, 21 FCC Rcd at 8287, ¶ 190 and Appendix B (referencing General Motors Corporation and Hughes Electronics Corporation, Transferors, and The News
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  • must make available for commercial broadcast signal carriage purposes.). 47 C.F.R. § 76.971(a). 47 C.F.R. §76.971(2). 47 U.S.C. § 536. Section 616 was added to the Communications Act by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). The Commission's cable program carriage rules are set forth at 47 C.F.R. §§ 76.1300-76.1302. 47 C.F.R. § 76.1301(a). 47 C.F.R. § 76.1301(b). 47 C.F.R. § 76.1301(c). See 47 C.F.R. § 76.1302(c), (d), (e). Second Report and Order, 9 FCC Rcd at 2652. Id. at 2648. Id. at 2656. Id. at 2653. Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992 and Development of Competition and Diversity
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  • leasing cable channels. I strongly encourage cable operators to make their leased access rates and terms available to programmers who request information as expeditiously and transparently as possible. The rules set forth in this Order, however, go far beyond what is needed. Accordingly, I respectfully dissent to this Report and Order. 47 C.F.R. §§ 76.970 through 76.977. 47 C.F.R. §§ 76.1300 through 76.1302. Leased Commercial Access; Development of Competition and Diversity in Video Programming Distribution and Carriage, Notice of Proposed Rule Making, MB Docket No. 07-42, 22 FCC Rcd 11222 (rel. Jun. 15, 2007) (``NPRM''). A summary of the NPRM was published in the Federal Register on July 18, 2007. See 72 FR 39370 (Jul. 18, 2007). Comment and reply comment
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  • 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 Rcd at 12993 ¶ 4 (citing
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  • a significant number of its baseball package subscribers when Extra Innings initially entered into a de facto exclusive agreement with DIRECTV. EchoStar President Carl Vogel has said that the switch had a ``'small incremental impact' on the 50,000 MLB subscribers.'' EchoStar's Ergen Believes DTV Transition Will Be Pushed Off, Communications Daily, Aug. 13, 2007, 2007 WLNR 15819868. 47 C.F.R. § 76.1300, et seq. Application at iii, 4. See Appendix B (``Neither News Corp. nor DIRECTV will discriminate against unaffiliated programming services in the selection, price, terms or conditions of carriage.''). The Commission adopted the condition in News Corp.-Hughes to deal with concerns about unaffiliated programmers' ability to secure carriage by DIRECTV. See News Corp.-Hughes Order, 19 FCC Rcd at 523-34 ¶¶
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  • In the following paragraphs, we clarify the requirements for establishing a prima facie case. As an initial matter, all complaints alleging a violation of any of the program carriage rules (i.e., the financial interest, exclusivity, or discrimination provisions) must contain evidence that (i) the complainant is a video programming vendor as defined in Section 616(b) of the Act and Section 76.1300(e) of the Commission's rules or an MVPD as defined in Section 602(13) of the Act and Section 76.1300(d) of the Commission's rules; and (ii) the defendant is an MVPD as defined in Section 602(13) of the Act and Section 76.1300(d) of the Commission's rules. We note that, as originally adopted in the 1993 Program Carriage Order, the Commission's rules provided
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  • short programming segments (also known as clips); programming that includes multiple video sources (also known as feeds, including camera angles); programming that includes video in different qualities or formats (including high-definition and 3D); and Films for which a year or more has elapsed since their theatrical release. ``Video Programming Vendor'' has the meaning given that term under 47 C.F.R. § 76.1300(e). CONDITION CONCERNING ACCESS TO C-NBCU PROGRAMMING If negotiations fail to produce a mutually acceptable set of price, terms and conditions for a Carriage Agreement with one or more C-NBCU Programmers, an MVPD or Bargaining Agent may choose to submit a dispute to commercial arbitration in accordance with the procedures in Section VII below. CONDITIONS CONCERNING CARRIAGE OF UNAFFILIATED VIDEO PROGRAMMING
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  • 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 operator to use channel capacity
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-94A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-94A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-94A1.txt
  • ¶8 (ALJ Nov. 20, 2008). mended Decision''). Id. at 13003 ¶¶ 74, 75. 47 U.S.C. § 536. Section 616 was added to the Communications Act by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 U.S.C. § 536(a)(3); see 47 C.F.R. § 76.1301(c) (implementing discrimination provision). See 47 C.F.R. §§ 76.1300 - 76.1302; Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992 and Development of Competition and Diversity in Video Programming Distribution and Carriage, 9 FCC Rcd 2642 (1993) (``Second Report and Order''). 47 C.F.R. § 76.1301(c). See 47 C.F.R. § 76.1302(c), (d), (e). Second Report and Order, 9 FCC Rcd at 2648.
• 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
  • 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. Cf. supra at para. 136. I
• http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.doc http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.txt
  • two-way, satellite Internet service in conjunction with Gilat Satellite Netwroks, Microsoft Corp., and Echostar Communications. The most basic, unlimited access service is currently offered at $69.95. See http://www.starband.com (visited Nov. 21, 2000). , http://www8.zdnet.com/intweek/stories/news/0,4164,311162,00.html. See, e.g., 47 C.F.R. § 76.504 (prohibiting cable operators from devoting more than 40 percent of their first 75 channels to affiliated content); 47 C.F.R. § 76.1300 et seq. (``Regulation of Carriage Agreements,'' prohibiting various cable operator practices, including requiring grant of a financial interest in a channel or an exclusive distribution agreement in exchange for carriage). 47 C.F.R § 76.905. See 47 C.F.R. § 76.901 (``A small cable operator is an operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • provided, however, that: (1) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and (2) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. * * * * * Subpart Q - Regulation of Carriage Agreements Section 76.1300 Definitions 10. Section 76.1300 is amended by renumbering paragraphs (b) through (d) to read as paragraphs (c) to (e), revising paragraph (a) as follows, and adding new paragraph (b): (b) Affiliated. For purposes of this subpart, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • parte submission, Oct. 5, 1998. 765See Appendix E for a description of program access matters resolved since the 1997 Report. All but one program access complaint dealt with exclusivity concerns rather than price discrimination issues. 766The 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. 76747 C.F.R. § 76.1002(b). 76847 C.F.R. § 76.1002(c)(2). 769See Section 19 of the 1992 Cable Act, Development of Competition and Diversity in Video Programming Distribution. See also 47 U.S.C. § 548. 770See Petition for Rulemaking of Ameritech New Media, Inc. Regarding Development of Competition and Diversity in Video Programming Distribution
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc99418.doc http://transition.fcc.gov/Bureaus/Cable/Reports/fcc99418.txt
  • 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 into exclusive programming arrangements. SBCA Comments at 25; DirecTV Comments at 2-3, 10-11.
• 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
  • 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. Cf. supra at para. 136. I
• http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.doc http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.pdf http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.txt
  • two-way, satellite Internet service in conjunction with Gilat Satellite Netwroks, Microsoft Corp., and Echostar Communications. The most basic, unlimited access service is currently offered at $69.95. See http://www.starband.com (visited Nov. 21, 2000). , http://www8.zdnet.com/intweek/stories/news/0,4164,311162,00.html. See, e.g., 47 C.F.R. § 76.504 (prohibiting cable operators from devoting more than 40 percent of their first 75 channels to affiliated content); 47 C.F.R. § 76.1300 et seq. (``Regulation of Carriage Agreements,'' prohibiting various cable operator practices, including requiring grant of a financial interest in a channel or an exclusive distribution agreement in exchange for carriage). 47 C.F.R § 76.905. See 47 C.F.R. § 76.901 (``A small cable operator is an operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • provided, however, that: (1) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and (2) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. * * * * * Subpart Q - Regulation of Carriage Agreements Section 76.1300 Definitions 10. Section 76.1300 is amended by renumbering paragraphs (b) through (d) to read as paragraphs (c) to (e), revising paragraph (a) as follows, and adding new paragraph (b): (b) Affiliated. For purposes of this subpart, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • parte submission, Oct. 5, 1998. 765See Appendix E for a description of program access matters resolved since the 1997 Report. All but one program access complaint dealt with exclusivity concerns rather than price discrimination issues. 766The 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. 76747 C.F.R. § 76.1002(b). 76847 C.F.R. § 76.1002(c)(2). 769See Section 19 of the 1992 Cable Act, Development of Competition and Diversity in Video Programming Distribution. See also 47 U.S.C. § 548. 770See Petition for Rulemaking of Ameritech New Media, Inc. Regarding Development of Competition and Diversity in Video Programming Distribution
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc99418.doc http://www.fcc.gov/Bureaus/Cable/Reports/fcc99418.txt
  • 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 into exclusive programming arrangements. SBCA Comments at 25; DirecTV Comments at 2-3, 10-11.
• http://www.fcc.gov/mb/engineering/76print.html
  • 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 performing conditional access or security functions. [155]76.1205 Availability of interface information. [156]76.1206 Equipment sale or lease charge subsidy prohibition. [157]76.1207 Waivers. [158]76.1208 Sunset of regulations. [159]76.1209 Theft of service. [160]76.1210 Effect on other rules. Subpart Q -- Regulation of Carriage Agreements [161]76.1300 Definitions. [162]76.1301 Prohibited practices. [163]76.1302 Carriage agreement proceedings. [164]76.13031305 [Reserved] Subpart R -- Telecommunications Act Implementation [165]76.1400 Purpose. [166]76.1402 CPST rate complaints. [167]76.1404 Use of cable facilities by local exchange carriers. Subpart S -- Open Video Systems [168]76.1500 Definitions. [169]76.1501 Qualifications to be an open video system operator. [170]76.1502 Certification. [171]76.1503 Carriage of video programming providers on open video systems.
• http://www.fcc.gov/mb/engineering/part76.pdf
  • 76.1204 Availability of equipment performing conditional access or security functions. § 76.1205 Availability of interface information. § 76.1206 Equipment sale or lease charge subsidy prohibition. § 76.1207 Waivers. § 76.1208 Sunset of regulations. § 76.1209 Theft of service. Page 4of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... § 76.1210 Effect on other rules. Subpart Q-Regulation of Carriage Agreements § 76.1300 Definitions. § 76.1301 Prohibited practices. § 76.1302 Carriage agreement proceedings. §§ 76.1303-76.1305 [Reserved] Subpart R-Telecommunications Act Implementation § 76.1400 Purpose. § 76.1402 CPST rate complaints. § 76.1404 Use of cable facilities by local exchange carriers. Subpart S-Open Video Systems § 76.1500 Definitions. § 76.1501 Qualifications to be an open video system operator. § 76.1502 Certification. § 76.1503 Carriage of video