FCC Web Documents citing 76.1302

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

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  • 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 ELT is a transmitter of
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  • Home Viewer Act (SHVA) Pending OMB Approval 3060-0865 Wireless Telecommunications Bureau Universal Licensing System Recordkeeping and Third-Party Disclosure Requirements 03/31/07 3060-0874 FCC 475, FCC 475B 11/30/08 3060-0876 USAC Board of Directors Nomination Process, Sec. 54.703 and Review of Administrator's Decision, Secs. 54.719 - 54.725 06/30/06 3060-0881 Sec. 95.861 09/30/08 3060-0882 Sec. 95.833 01/31/09 3060-0888 Secs. 76.7, 76.9, 76.61, 76.914, 76.1003, 76.1302, and 76.1513 05/31/08 3060-0893 Universal Licensing Service (ULS) Pre-Auction Database Corrections 02/28/07 3060-0894 Certification Letter Accounting for Receipt of Federal Support, CC Docket Nos. 96-45 and 96-262 06/30/07 3060-0895 FCC 502 03/31/07 3060-0896 Broadcast Auction Form Exhibits 12/31/08 3060-0897 MDS and ITFS Two-Way Transmissions 07/31/07 3060-0900 Compatibility of Wireless Services with Enhanced 911 - CC Docket No. 94-102 03/31/06 3060-0901
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  • 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 Carriage, Notice
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  • 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, 2007 for
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  • Households for Purposes of the Satellite Home Viewer Act (SHVA) 04/30/09 3060-0865 Wireless Telecommunications Bureau Universal Licensing System Recordkeeping and Third-Party Disclosure Requirements 07/31/10 3060-0874 FCC 475B, FCC 2000 Series 09/30/10 3060-0876 Sec. 54.703 and Secs. 54.719, 54.720, 54.721, 54.722, 54.723, 54.724 and 54.725 09/30/09 3060-0881 Sec. 95.861 09/30/08 3060-0882 Sec. 95.833 01/31/09 3060-0888 Secs. 76.7, 76.9, 76.61, 76.914, 76.1003, 76.1302, and 76.1513 05/31/08 3060-0894 Secs. 54.313 and 54.316 and Certification Letter Accounting for Receipt of Federal Support and Rate Comparability Review and Certification 09/30/10 3060-0895 FCC 502 05/31/10 3060-0896 Broadcast Auction Form Exhibits 12/31/08 3060-0900 Compatibility of Wireless Services with Enhanced 911 - CC Docket No. 94-102 02/28/09 3060-0901 Reports of Common Carriers and Affiliates 04/30/09 3060-0905 Secs. 18.213 and
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  • Comcast Cable Communications, LLC IS GRANTED. Comcast's Answer in this proceeding shall be due on or before June 20, 2008. The NFL's Reply shall be due 20 days thereafter. This action is taken pursuant to delegated authority under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division, Media Bureau 47 C.F.R. � 76.1302(e). 47 C.F.R. � 0.283. (...continued from previous page) (continued....) Federal Communications Commission DA 08-1316 Federal Communications Commission FCC 00-XXX ? @ G � " � � � @& �
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  • of Time filed by Time Warner Inc. IS GRANTED. Time Warner's Answer in this proceeding shall be due on or before February 5, 2008. WealthTV's Reply shall be due 20 days thereafter. This action is taken pursuant to delegated authority under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau See 47 C.F.R. � 76.1302(b). 47 C.F.R. � 76.1302(e). 47 C.F.R. � 0.283. (...continued from previous page) (continued....) Federal Communications Commission DA 08-135 Federal Communications Commission FCC 00-XXX �@��� � h}4 h}4 h}4 � @& }4 �
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  • by number of subscribers in the nation's two largest cities, New York City and Los Angeles. TWC is affiliated with MOJO, a video programming vendor. According to TWC, MOJO's orientation is ``exclusively male'' and its principal programming consists of sports, movies, music concerts, and reality series. On May 7, 2007, WealthTV provided TWC with a pre-filing notice pursuant to Section 76.1302(b) of the Commission's rules informing TWC of its intent to file a program carriage complaint. On December 20, 2007, WealthTV filed its complaint, alleging that TWC violated Section 76.1301(c) by refusing to carry WealthTV while granting carriage to its affiliated MOJO service. Background WealthTV states that it has been seeking carriage on TWC systems since prior to its launch in
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  • Carriage Second Report and Order''). These evidentiary requirements are reflected in the Commission's procedural rules governing program carriage complaints. For example, such rules require that the complainant identify the aggrieved programmer, provide evidence that the MVPD meets the relevant attribution standards, and demonstrate that the conduct complained of unreasonably restrained the complainant's ability to compete fairly. See 47 C.F.R. �� 76.1302(c)(1)-(c)(3). Adelphia Order, 21 FCC Rcd at 8336, Appendix B, � A. MASN Opposition at 107. Adelphia Order, 21 FCC Rcd at 8259, � 126. As an RSN, MASN also constitutes a ``video programming vendor'' as defined in Section 76.1300(e) of the Commission's rules. See 47 C.F.R. � 76.1300(e); TAC Order, 22 FCC Rcd at 17944-17945, �� 18-23 (``[W]e see no
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  • of the release date of the HDO. The HDO stated that upon receipt of the ALJ's recommended decision and remedy, the Commission would make the requisite legal determinations as to whether the MVPDs discriminated against the complainants' programming in favor of their own programming, with the effect of unreasonably restraining the complainants' ability to compete fairly in violation of Section 76.1302(c) and, if necessary would then decide upon appropriate remedies. Under the terms of the grant of authority under the HDO, the ALJ's recommended decision was required to be made within 60 days of the October 10, 2008 release date of the HDO, i.e., by December 9, 2008 . Proceedings Before the ALJ. On October 23, 2008, Administrative Law Judge Steinberg
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  • � 12. In the case of WealthTV, the price will be for carriage on the tier on which the defendant carried MOJO. In the case of the NFL Network, the price will be for carriage on the expanded basic tier. In the case of MASN, the price will be for carriage on the expanded basic tier. See 47 C.F.R. � 76.1302(g). The Protective Order we adopt here is based on the standard protective order adopted by the Commission for program access complaints. 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, MB Docket No. 07-29, Report
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  • six years to all program carriage agreements between Time Warner and TWC or WealthTV's proposal that we consider Time Warner and TWC to be vertically integrated for the duration of the existing contracts and renewals thereof, or for a period of five years, whichever is greater. See RCN Petition at 2-3, 11; WealthTV Reply at 1. 47 C.F.R. �� 76.1003(g), 76.1302. Provided that an MVPD or programming vendor submits a complaint within the period specified by the Commission's program access or program carriage complaint provisions, the MVPD or programmer can obtain remedies for violations of the program access and program carriage rules even after this transaction closes (including, for example, violations relating to the HBO/Turner Programming Agreements and the modifications thereto
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  • the merits of this claim. Rather, we find that the existing record, including Comcast's Answer, makes clear that there are significant and material questions of fact warranting resolution at hearing. Procedural Issues As a threshold matter, we reject Comcast's contention that The Tennis Channel's complaint is foreclosed as untimely filed under the program carriage statute of limitations. Pursuant to Section 76.1302(f) of the Commission's Rules, an aggrieved programmer has a one-year period in which to file a program carriage complaint that commences upon the occurrence of one of three specified events. We find that the third of those triggering events - the provision of an aggrieved programmer's pre-filing notification pursuant to Section 76.1302(b) of the Commission's Rules - is present in
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  • Memorandum Opinion and Order, 26 FCC Rcd 4238 (2011) (``Comcast-NBCU Order''). Id. at 4287-8, � 122. See Complaint at 22. See Comcast-NBCU Order, 26 FCC Rcd at 4358-9, Condition III (instructing that for purposes of enforcing the news neighborhooding conditions, complainants ``may submit a dispute to the Commission in accordance with the Commission's program carriage complaint procedures, 47 C.F.R. � 76.1302''); 47 C.F.R. � 76.1302 (d). 47 C.F.R. � 76.1302 (e). See In the Matter of Certain of the Commission's Part 1 Rules of Practice and Procedure and Part 0 Rules of Commission Organization, Report and Order in GC Docket No. 10-44, 26 FCC Rcd 1594 (2011). See 47 C.F.R. � 1.1208; see also 47 C.F.R. � 1.1204(a). See Electronic Filing
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  • Chief, Media Bureau See Media Bureau Announces Filing of Complaint by Bloomberg L.P. Against Comcast Cable Communications, Public Notice, DA 11-1077 (MB rel. June 20, 2011). Comcast Cable Communications, LLC's Motion for Extension of Time (filed June 21, 2011). Id. at 1. Id. Bloomberg's reply to Comcast's answer is due 20 days after service of the answer. 47 C.F.R. � 76.1302 (e). (continued...) Federal Communications Commission DA 11-1136 Federal Communications Commission DA 11-1136 v � ph B*_H *4�
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  • on Cablevision's cable systems as of January 31, 2011. GSN has failed to adequately explain the lengthy delay in seeking interim relief, principally relying on the fact that its complaint and petition were filed within the applicable statute of limitations, which requires a program carriage complaint to be filed within one year of one of the events listed in Section 76.1302(f) of the Commission's rules. GSN states that it used this time to pursue negotiations with Cablevision to avoid litigation and to compile complete information about the nature of the discrimination and the harm it would cause. The statute of limitations, however, provides the maximum period of time in which to file a complaint. Here, we are attempting to determine whether
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit February 8, 2012 NOTICE OF EFFECTIVE DATE OF PROGRAM CARRIAGE COMPLAINT RULES: 47 C.F.R. �� 1.221(h); 1.229(b)(3), (b)(4); 1.248(a), (b); 76.7(g)(2); 76.1302(c)(1), (d), (e)(1), (k) MB Docket No. 07-42 On July 29, 2011, the Commission adopted the Second Report and Order in MB Docket No. 07-42, which promulgated rules to improve the Commission's procedures for addressing program carriage complaints. These rules became effective on October 31, 2011, except for the following rules which contain new information collection requirements that are subject to
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  • designation order, except that persons not named as parties to the proceeding in the designation order may file such motions with their petitions to intervene up to 30 days after publication of the full text or a summary of the designation order in the Federal Register. (See �1.223 of this part). (2) For program carriage complaints filed pursuant to � 76.1302 of this part that the Chief, Media Bureau refers to an administrative law judge for an initial decision, such motions shall be filed within 15 calendar days after the deadline for submitting written appearances pursuant to � 1.221(h) of this part, except that persons not named as parties to the proceeding in the designation order may file such motions with
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  • local news reporting and analysis during the hours from 6:00 a.m. through 4:00 p.m. in the U.S. Eastern Time Zone. The Commission called this ``narrowly tailored'' condition appropriate ``in accordance with the special importance of news programming to the public interest.'' For procedural purposes, the Commission directed aggrieved parties to follow the Commission's program carriage complaint procedures found in Section 76.1302 of our rules. Bloomberg filed its Complaint on June 13, 2011. Bloomberg claims that its 24-hour business news channel, Bloomberg Television, is an ``independent news channel'' as the term is defined in the Comcast-NBCU Order. Bloomberg also asserts that it met Section 76.1302's pre-filing requirements. It reports in the Complaint that on May 26, 2011 its attorneys sent a letter
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  • uncertainty about Comcast's obligations while the Commissioners consider that item, we hereby stay the Initial Decision on our own motion pending the Commission's action on the parties' petitions. 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 76.10(c)(2), 76.1301, and 76.1302 of the Commission's rules, 47 C.F.R. �� 76.10(c)(2), 76.1301-1302, the Initial Decision IS STAYED until the effective date of a Commission order on the Petition to Compel Comcast's Compliance with Initial Decision filed by The Tennis Channel, Inc. and the Conditional Petition for Stay filed by Comcast Cable Communications, LLC in this proceeding. This action is taken pursuant to authority
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  • premium sports tier, more than [REDACTED ] subscribers nationwide received GSN. As a result of the repositioning, GSN's Cablevision subscribers fell by [REDACTED ]. While Cablevision now distributes GSN to approximately [REDACTED ] percent of Cablevision's subscribers, other MVPDs with over two million basic subscribers distribute GSN to an average of [REDACTED ] percent of their subscribers. Pursuant to Section 76.1302(b) of the Commission's Rules, GSN provided Cablevision with its pre-filing notice on September 26, 2011. On October 12, 2011, GSN filed its Complaint as well as a Petition for Temporary Relief asking the Commission to order Cablevision to restore GSN to basic tier carriage while GSN's program carriage complaint is pending. On December 7, 2011, the Bureau denied the Petition,
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  • 08-2269) in the above-captioned proceedings. This Erratum corrects that document as indicated herein. Insert into the caption the following docket number: MB Docket No. 08-214. In the first sentence of paragraph 59, and the third sentence of paragraph 79, the term ``MASN'' should be amended to read ``the NFL.'' In the first sentence of paragraph 121, the reference to ``Section 76.1302(c)'' of the Commission's rules should be amended to read ``Section 76.1301(c)'' and the reference to ``Section 76.1302(a)'' of the Commission's rules should be amended to read ``Section 76.1301(a).'' Revise paragraph 122 to read as follows: 122. Accordingly, IT IS ORDERED, that Herring Broadcasting, Inc. d/b/a/ WealthTV's Complaint against Time Warner Cable Inc. is DESIGNATED FOR HEARING at a date and
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  • 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 read as follows:
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  • any particular regional programmer. Section 76.1301(c) of the Commission's rules prohibits the merged entity from ``unreasonably restrain[ing] the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or non-affiliation of vendors in the selection, terms or conditions for carriage of video programming provided by such vendors,'' while section 76.1302 authorizes video programming vendors and MVPDs to file program carriage complaints with the Commission. 47 C.F.R. � 76.1301(c) and � 76.1302; see also Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992, 9 FCC Rcd 2642 (1993). On reconsideration of this order, the Commission amended 47 C.F.R. � 76.1302 to specifically afford
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  • of carriage on the cable system. Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992, 9 FCC Rcd 2642 � 1 (1993). See 47 C.F.R. � 76.1301; see also Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992, 9 FCC Rcd 2642 (1993). Section 76.1302 authorizes video programming vendors and MVPDs to file program carriage complaints with the Commission. 47 C.F.R. � 76.1302; see also Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992, 9 FCC Rcd 2642 � 1 (1993). On reconsideration, the Commission amended 47 C.F.R. � 76.1302 to specifically afford standing to MVPDs aggrieved
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  • 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 Section 78.19(f)(2)(ii) to
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  • 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 video systems. Part
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  • issue a report on regional sports network access and carriage issues both on an industry-wide basis and specifically with respect to the Applicants. After issuing the report, the Commission, in its discretion, may determine if further action is warranted. Moreover, the Commission intends to review, evaluate and improve the effectiveness of the complaint resolution procedures prescribed in Sections 76.1003 and 76.1302 of our rules. National and Non-Sports Regional Programming Positions of the Parties. EchoStar and RCN assert that the proposed transactions would give Time Warner and Comcast an enhanced incentive and ability to withhold national and non-sports regional programming. According to EchoStar, Comcast's expanded share of the national MVPD market would result in an increased incentive and ability to engage in
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  • process, the parties shall promptly notify the Commission in writing, and the 45-day period will resume upon receipt of such notification. Upon receipt of the Administrative Law Judge's recommended decision and remedy, the Commission will make the requisite legal determinations as to whether Comcast has demanded a financial interest in TCR's programming in exchange for carriage in violation of Section 76.1302(a) or has discriminated against TCR's programming in favor of Comcast's own programming, with the effect of unreasonably restraining TCR's ability to compete fairly in violation of Section 76.1302(c). If necessary, the Commission will then decide upon appropriate remedies. The Commission will issue its decision not more than 60 days after receipt of the Administrative Law Judge's recommendations, which may be
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  • 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 in Video Programming Distribution and Carriage, 9 FCC Rcd 2642, 2648 (1993); 47 C.F.R. � 76.1302(c)(3). 47
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  • at 60-61. 47 U.S.C. � 536(a). Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992, 9 FCC Rcd 2642, 2643 � 2 (1993) (``Second Program Carriage Order''); see also 47 U.S.C. � 536(a)(1)-(3). See 47 C.F.R. � 76.1301; see also Second Program Carriage Order, 9 FCC Rcd at 2649 � 16. Section 76.1302 authorizes video programming vendors and MVPDs to file program carriage complaints with the Commission. 47 C.F.R. � 76.1302; see also Second Program Carriage Order, 9 FCC Rcd at 2652-57 �� 23-36. Adelphia Order, 21 FCC Rcd at 8250 � 100. Adelphia Order, 21 FCC Rcd at 8287-8 �� 190-191. The Commission adopted a condition that permits the use of commercial
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  • capacity for ``noncommercial programming of an educational or informational nature.'' 47 C.F.R. � 25.701. See Implementation of Section 25 of the Cable Television and Consumer Protection Act of 1992, Direct Broadcast Satellite Public Interest Obligations, 13 FCC Rcd 23254 (1998). 47 C.F.R. � 76.1301(a). 47 C.F.R. � 76.1301(b). 47 C.F.R. � 76.1301(c). 47 C.F.R. � 76.504. See 47 C.F.R. � 76.1302(c), (d), (e). On March 2, 2007, the Commission adopted a Notice of Proposed Rulemaking seeking comment on the program carriage rules and procedures. The notice seeks comment on whether and how our processes for resolving carriage disputes should be modified. See Leased Commercial Access, Development of Competition and Diversity in Video Programming Distribution and Carriage, 22 FCC Rcd 11222 (2007).
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  • 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 deadlines were
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  • 28, 2008, at �� 3, 5 (``Rosenberg Decl.''). Order on Review at � 55. The Commission's rules provide that a program carriage decision of the staff or an Administrative Law Judge (``ALJ'') that requires deletion of existing programming from an MVPD's system will not become effective unless and until the decision is upheld by the Commission. See 47 C.F.R. � 76.1302(g). Consistent with this provision, TWC does not currently carry MASN on its systems in North Carolina despite the Bureau's Order to carry MASN because, according to TWC, carriage of MASN on an analog tier would have required deletion of existing programming from TWC's system. See Third Declaration of Carol Hevey, May 7, 2008, at � 8 (``Third Hevey Decl.''). Accordingly,
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  • Matters 82 A. Second Report and Order in MB Docket No. 07-42 82 B. NPRM in MB Docket No. 11-131 85 VI. Ordering Clauses 92 A. Second Report and Order in MB Docket No. 07-42 92 B. NPRM in MB Docket No. 11-131 97 APPENDIX A - List of Commenters APPENDIX B - Final Rules APPENDIX C - Restated Section 76.1302 Showing Changes Adopted in Second Report and Order APPENDIX D - Potential Amendments to the Program Carriage Rules Based on the NPRM APPENDIX E - Standard Protective Order and Declaration Used in Section 628 Program Access Proceedings APPENDIX F - Final Regulatory Flexibility Act Analysis APPENDIX G - Initial Regulatory Flexibility Act Analysis Introduction In 1993, the Commission adopted rules
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  • be necessary in the execution of its functions.''). 47 U.S.C. � 536(a)(5) (providing for ``appropriate penalties and remedies for violations of [regulations governing program carriage agreements], including carriage''); 47 U.S.C. � 544(f)(1) (prohibiting any Federal agency, State, or franchising authority from ``impos[ing] requirements regarding the provision or content of cable services, except as expressly provided in this subchapter.''); 47 C.F.R. 76.1302(g)(1) (``Upon completion of [a program carriage] proceeding, the Commission shall order appropriate remedies, including, if necessary, mandatory carriage of a video programming vendor's programming on defendant's video distribution system.'') (emphasis added); Implementation of Sections 12 and 19 of the Cable Television Consumer Protection and Competition Act of 1992; Development of Competition and Diversity in Video Programming Distribution and Carriage, MM
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  • 125. See 47 C.F.R. � 6.23. See 47 U.S.C. � 619(c). See 47 C.F.R. � 1.80; see also 47 U.S.C. � 503(b) and 47 U.S.C. � 618(c). Senate Report at 9; House Report at 26. CEA Comments at iii, 22. AFB Reply Comments at 4. See 47 U.S.C. � 617(g)(4). VON Coalition Comments at 9. See, e.g., 47 C.F.R. � 76.1302. The CVAA requirement for the Commission to issue an order (within 180 days of the filing of the complaint) concluding an investigation that is triggered by informal complaint, will be tied to the Commission's receipt of a complaint that satisfies its pleading requirements. 47 C.F.R. � 6.18(a). 47 C.F.R. � 6.18(b). 47 U.S.C. � 618(a)(4). See supra para. 129 (Receipt
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  • channels are those networks that are not carried by Comcast and not an Affiliate of Comcast or a top 15 programming network, as measured by annual revenues. For purposes of enforcing the Conditions of this Section III, any Video Programming Vendor may submit a dispute to the Commission in accordance with the Commission's program carriage complaint procedures, 47 C.F.R. � 76.1302. ONLINE CONDITIONS ONLINE PROGRAM ACCESS MVPDs: For any Online Video Programming that any C-NBCU Programmer licenses to any Affiliated or non-Affiliated MVPD for online display, the C-NBCU Programmer shall provide that Online Video Programming at fair market value and on non-discriminatory prices, terms and conditions to any other MVPD for online display. Qualified OVDs: a. MVPD Price Condition: For any
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  • 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. Id. at
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  • and HDO will not unduly delay the grant of any relief to which The Tennis Channel may be entitled. Under these circumstances, we find that grant of a stay for administrative reasons is equitable and will serve the public interest. For these same reasons, we deny The Tennis Channel's petition to compel compliance and, to the extent necessary, waive section 76.1302(j)(1) of our rules, which provides that an order mandating program carriage shall become effective upon release unless it would require the defendant to delete existing programming. Because we are staying the Initial Decision on our own motion, we dismiss Comcast's conditional petition for stay as moot. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 616 of the
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  • 76.911); 7) petition for recertification (47 C.F.R. � 76.916); 8) petition for review of rates (47 C.F.R. � 76.933); 9) rate complaint (47 C.F.R. � 76.950); 10) commercial leased access dispute (47 C.F.R. � 76.975); 11) program access adjudicatory proceedings (47 C.F.R. � 76.1003); 12) petition for exclusivity (47 C.F.R. � 76.1002); 13) carriage agreement adjudicatory proceeding (47 C.F.R. � 76.1302). Each type of petition or complaint has particular requirements regarding the conditions that must be satisfied before a filing can be made, who must be served with the filing, and the deadline time for a response. One reason for this variation is that our rules have been adopted over a period of time in response to changes in the Communications
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  • are a party. ACA Comments at 21-22. See Appendix B, � 76.65(c). See 47 C.F.R. � 76.7(a)(4) (Complaint shall state fully and precisely all pertinent facts and considerations relied on to demonstrate the need for the relief requested.). 47 C.F.R. � 76.7(b)(2). DIRECTV Comments at 16; EchoStar Comments at 21. See 47 C.F.R. � 76.1003(g) (program access); 47 C.F.R. � 76.1302(f) (program carriage); 47 C.F.R. � 76.1513(t) (open video systems). See Appendix B, � 76.65(e). DIRECTV Comments at 17-18; EchoStar Comments at 23; RCN Reply at 6. WCA supports limited mandatory discovery. WCA Comments at 16. Disney Reply at 13. Network Affiliates Reply at 35-36. Network Affiliate Reply at 36-38. 47 C.F.R. � 76.9. 47 C.F.R. � 76.7(f). NAB Comments at
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  • 5-6. 385Id. at 6; NCTA Opposition at 17-18. 386NCTA Opposition at 17-18. See also GSN Opposition at 12. 387NCTA Opposition at 17-18. For instance, NCTA notes that disputes regarding program access require an aggrieved competitor to notify the potential defendant prior to filing with the Commission. NCTA Opposition at 17 citing 47 C.F.R. � 76.1003(a). See also 47 C.F.R. � 76.1302(a) (notice required prior to filing a complaint alleging violation of carriage agreement rules). NCTA also cites the must-carry complaint resolution process noting that such complaints must be sent by a broadcaster to a cable operator prior to filing with the Commission. NCTA Opposition at 17 citing 47 C.F.R. �� 76.7(4)(i) and 76.61(a). 388NAD/CAN Reply at 8 citing NCTA Opposition at
• http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98068.pdf http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98068.txt http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98068.wp
  • 76.911); 7) petition for recertification (47 C.F.R. � 76.916); 8) petition for review of rates (47 C.F.R. � 76.933); 9) rate complaint (47 C.F.R. � 76.950); 10) commercial leased access dispute (47 C.F.R. � 76.975); 11) program access adjudicatory proceedings (47 C.F.R. � 76.1003); 12) petition for exclusivity (47 C.F.R. � 76.1002); 13) carriage agreement adjudicatory proceeding (47 C.F.R. � 76.1302). Each type of petition or complaint has particular requirements regarding the conditions that must be satisfied before a filing can be made, who must be served with the filing, and the deadline time for a response. One reason for this variation is that our rules have been adopted over a period of time in response to changes in the Communications
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.doc http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.txt
  • are a party. ACA Comments at 21-22. See Appendix B, � 76.65(c). See 47 C.F.R. � 76.7(a)(4) (Complaint shall state fully and precisely all pertinent facts and considerations relied on to demonstrate the need for the relief requested.). 47 C.F.R. � 76.7(b)(2). DIRECTV Comments at 16; EchoStar Comments at 21. See 47 C.F.R. � 76.1003(g) (program access); 47 C.F.R. � 76.1302(f) (program carriage); 47 C.F.R. � 76.1513(t) (open video systems). See Appendix B, � 76.65(e). DIRECTV Comments at 17-18; EchoStar Comments at 23; RCN Reply at 6. WCA supports limited mandatory discovery. WCA Comments at 16. Disney Reply at 13. Network Affiliates Reply at 35-36. Network Affiliate Reply at 36-38. 47 C.F.R. � 76.9. 47 C.F.R. � 76.7(f). NAB Comments at
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  • 5-6. 385Id. at 6; NCTA Opposition at 17-18. 386NCTA Opposition at 17-18. See also GSN Opposition at 12. 387NCTA Opposition at 17-18. For instance, NCTA notes that disputes regarding program access require an aggrieved competitor to notify the potential defendant prior to filing with the Commission. NCTA Opposition at 17 citing 47 C.F.R. � 76.1003(a). See also 47 C.F.R. � 76.1302(a) (notice required prior to filing a complaint alleging violation of carriage agreement rules). NCTA also cites the must-carry complaint resolution process noting that such complaints must be sent by a broadcaster to a cable operator prior to filing with the Commission. NCTA Opposition at 17 citing 47 C.F.R. �� 76.7(4)(i) and 76.61(a). 388NAD/CAN Reply at 8 citing NCTA Opposition at
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120209.html
  • ADDENDA: THE FOLLOWING ITEMS, RELEASED FEBRUARY 8, 2012, DID NOT APPEAR IN DIGEST NO. 26: ----------------------------------------------------------------------- --- SUNSHINE NOTICE ----------------------------------------------------------------------- --- FCC TO HOLD OPEN COMMISSION MEETING WEDNESDAY, FEBRUARY 15, 2012 [13]DOC-312362A1.doc [14]DOC-312362A1.pdf [15]DOC-312362A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 02/08/2012. NOTICE OF EFFECTIVE DATE OF PROGRAM CARRIAGE COMPLAINT RULES: 47 C.F.R. SECTIONS 1.221(H); 1.229(B)(3), (B)(4); 1.248(A), (B); 76.7(G)(2); 76.1302(C)(1), (D), (E)(1), (K). (DA No. 12-169). (Dkt No 07-42 ). MB . Contact: David Konczal at (202) 418-2228, email: David.Konczal@fcc.gov. News Media Contact: Janice Wise at (202) 418-8165, email: Janice.Wise@fcc.gov [16]DA-12-169A1.doc [17]DA-12-169A1.pdf [18]DA-12-169A1.txt Released: 02/08/2012. COMMENT SOUGHT ON A PETITION FILED BY EASTEX TELEPHONE COOPERATIVE, INC. FOR WAIVER CONCERNING THE COMMISSION'S PART 36 JURISDICTIONAL SEPARATIONS RULES. (DA No. 12-168). (Dkt
• http://www.fcc.gov/mb/engineering/76print.html
  • 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. [172]76.1504 Rates, terms and conditions
• http://www.fcc.gov/mb/engineering/part76.pdf
  • 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 programming providers on open video systems. �