FCC Web Documents citing 76.504

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

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  • Brief Description: These rules restrict the ownership interests of cable operators and their ability to own or control video programming services. Need: These rules provide for diversity in the ownership of cable television systems and video programming providers. . Section Number and Title: 76.501 Cross-ownership. 76.502 Time limits applicable to franchise authority consideration of transfer applications. 76.503 National subscriber limits. 76.504 Limits on carriage of vertically integrated programming. SUBPART M -- CABLE INSIDE WIRING Brief Description: These rules allow subscribers the opportunity to acquire cable home wiring upon voluntary termination of service in order to use it for alternative providers and to avoid the disruption of having the wiring removed. Need: These rules are required by section 16(d) of the Cable
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  • operation of a cable operator by another cable operator, and more specifically, limits on carriage of vertically integrated programming and related recordkeeping requirements. Need: Recordkeeping requirements referenced in this rule are needed to ensure that cable operators document the nature and extent of their attributable interests in all video programming services. Legal Basis: 47 U.S.C. 533(f). Section Number and Title: 76.504 Limits on carriage of vertically integrated programming. SUBPART K-TECHNICAL STANDARDS Brief Description: Cable operators shall be responsible for ensuring that their systems are designed, installed, and operated in a manner that complies with the technical standards of this subpart and shall ensure that their systems are compatible with commercially available consumer electronics equipment. Need: These rules are required to ensure
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  • Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Virginia, Washington, West Virginia, and Wisconsin. Public Interest Statement at 18-19. Id. at 10-18. Id. at 18-20. Id. at 21-23 (citing Comcast Corp. v. FCC, 579 F.3d 1 (D.C. Cir. 2009) (overturning the Commission's 30 percent cable horizontal ownership limit); 47 C.F.R. § 76.504 (channel occupancy rule); 47 C.F.R. § 73.3555 (broadcast ownership limits); 47 C.F.R. § 21.912(a) (cable/multichannel multipoint distribution service limit); 47 C.F.R. § 76.501(d)-(e) (cable/SMATV cross ownership limit)). Application at 13-20. 47 U.S.C. § 572(b). Section 652(a) places a converse prohibition on local exchange carriers and their affiliates. 47 U.S.C. § 572(a). In addition, section 652 prohibits cable operators and LECs
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  • in vertically integrated programming. Need: This rule clarifies the attribution standards. 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: 76.504 Note 1 Limits on carriage of vertically integrated programming. Brief Description: These rules set forth the standard for determining attribution of ownership interests when determining the ownership interests of local exchange carriers in a cable operator. Need: This rule clarifies the attribution standards. Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315,
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  • of 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262577A1.pdf
  • (pp. 73-75) according to the instructions set forth below in the definition of "Subscriber.". B. Provide affidavits, one signed by a competent officer of each Applicant, stating, based on the officer's personal knowledge and on penalty of perjury, that the proposed transaction will not result in any violation of the channel occupancy limit, 47 U.S.C. § 613(f)(1)(B), 47 C.F.R. § 76.504. Definitions and Instructions For the purposes of this request, the following definitions and instructions apply. A. "The Company" means Comcast, Time Warner, or Adelphia. B. "Comcast" means Comcast Corporation, its subsidiaries and any affiliate in which it or a subsidiary owns an attributable interest. C. "Time Warner" means Time Warner Inc., its subsidiaries and any affiliate in which it or
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  • deleted. In the last sentence of paragraph 46, the words ``and certain other systems acquired from Adelphia'' are deleted. In paragraph 54, in the seventh sentence, the words ``prior to the closing date of the transactions,'' are amended to read, ``within 90 days after consummation of the transactions'' and the words ``will be in compliance with the requirements of section 76.504 after the transactions.'' are amended to read, ``is in compliance with the requirements of section 76.504.'' In footnote 877, the word ``received'' is changed to ``retained''. In the first sentence of paragraph 289, the words ``in exchange for certain cable systems and cash'' are amended to ``in exchange for subsidiaries holding certain cable systems and cash''. In footnote 911, the
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  • FCC Rcd 19014, 19014 ¶ 1 (1999). Thus, the cable ownership attribution rules identify ownership interests that raise issues of concern to the Commission. See id. See Section III.B, infra. 47 C.F.R. § 76.503. See United States v. AT&T Corp. and MediaOne Group, Inc., Case No. 1:00CV01176, Complaint and Proposed Final Judgment (D.D.C., filed May 25, 2000). 47 C.F.R. § 76.504. 47 U.S.C. § 572(b). See Appendix A for a list of commenters in this proceeding. 47 U.S.C. §§ 214(a), 310(d). 47 U.S.C. §§ 214(a), 310(d). See WorldCom-MCI Order, 13 FCC Rcd at 18030 ¶ 8; Bell Atlantic-NYNEX Order, 12 FCC Rcd at 20000 ¶ 29. SBC-Ameritech Order, 14 FCC Rcd at 14737 ¶ 48; Applications of AT&T Corp. and Tele-Communications,
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  • from 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
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  • of 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
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  • 31. We note that most satellite service currently utilizes a narrowband return path. However, in April 2000, StarBand Inc., began offering 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
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  • respond to higher rates, and the proportion of total ``production'' costs that are accounted for by advertising expenditures. Ferguson, supra note 69, at 636. Belo Comments at 11-13; Chronicle Comments at 16; Gannett Comments at 22; Tribune Comments at 60-65. Time Warner Entertainment v. FCC, 240 F.3d 1126 (D.C. Cir. 2001) (Time Warner). 47 C.F.R. § 76.503. Id. at § 76.504. United States v. O'Brien, 391 U.S. 367, 377 (1968). Turner Broadcasting Sys., Inc. v. FCC, 512 U.S. 622, 662-63 (1994). Time Warner, 240 F.3d at 1130. Id. at 1133. Id. at 1135-1136. NCCB, 436 U.S. at 797. Biennial Review Report, 15 FCC Rcd at 11105, ¶ 88. Local TV Ownership Report & Order, 14 FCC Rcd at 12926-12929. See, e.g.,
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  • in Concentrated Markets,'' Journal of Political Economy, Vol 1991 at 977-1009. See e.g., 2000 Price Survey at 4346. See Time Warner v. United States, 211 F.3d at 1320, 1322-23; see also n. 7, supra. -35, supra. These problems include limiting the supply of or entry into the market for programming, foreclosing competition, and the development of X-inefficiencies. 47 C.F.R. § 76.504 provides, in pertinent part: (a) Except as otherwise provided in this section no cable operator shall devote more than 40 percent of its activated channels to the carriage of national video programming services owned by the cable operator or in which the cable operator has an attributable interest. The channel occupancy limits set forth in paragraph (a) of this section
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  • and encryption, and must comply with the public file requirements 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
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  • at 7. Comcast Reply Comments at 17-18. Id. at 21. RCN Comments at 14-15. Program Access Order, 13 FCC Rcd at 15856-7. Carolina Comments at 11; DirecTV Comments at 9; RCN Comments at 14. Carolina Comments at 11. Section 613(f) was added to the Communications Act as part of the 1992 Cable Act. 47 U.S.C. § 533(f). 47 C.F.R § 76.504. See 1994 Report, 9 FCC Rcd at 7521. Time Warner Entertainment Co. v. FCC, 240 F.3d 1126 (D.C. Cir.2001). See Ownership Further Notice, n. 468 supra. RCN Comments at 13. See App. D, Tbl. D-3. NCTA, Regional Cable Networks, Cable Television Developments 2001, at 174 - 200. RCN Comments at 9-16. See ¶ 162 supra for a more detailed description
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  • provisions of Sections 613(f)(1),(2) of the Cable Television Consumer Protection Act of 1992. See 47 U.S.C. §§ 533(f)(1),(2); see 47 C.F.R. § 76.503(limiting a cable operator's service to no more than 30% of all multichannel video programming subscribers nationwide through its own or attributed cable systems, but excluding subscribers served by the operator's new overbuild cable systems); 47 C.F.R. § 76.504(limiting a cable operator's carriage of video programming in which it owns or has an attributable interest in to no more than 40% of its activated channels, applicable only to channel capacity up to 75 channels). It should be noted that the Consumer Federation of America, the Center for Media Education, the Association of Independent Video and Filmmakers, and the Office
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  • of a station. NAB Comments at n.9. NAB Comments at 5 - 6. NAB Comments at 5, SBE Comments at 3. Walt Disney Co. Comments at 2. NAB Comments at 6. 47 U.S.C. § 541(b)(1). Id. § 542. Id. § 532. Id. §§ 534 - 35. Id. § 536. Id. §531. Id. § 543. Id. § 533(f)(1)(B); 47 C.F.R. § 76.504(a). 47 C.F.R. § 76.67. Id. § 76.92. Id. § 76.151. RCN Comments at 9. Id. Time Warner Cable Comments at 7-10. Id. at 10 (referring to requirements Congress was considering for satellite carriers at the time the comments were filed and which Congress later imposed.). See 47 C.F.R. §§21.900-21.961. Wireless Cable Order, 5 FCC Rcd at 6423. NPRM, 14 FCC
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  • 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). Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, Leased Commercial Access, 12 FCC Rcd 5267 (1997). 47 C.F.R. §§ 76.1004, 76.1507. 47 C.F.R. § 76.1301(c) 47 C.F.R. § 76.504(a). See Implementation of Section 305 of the Telecommunications Act of 1996 -Video Programming Accessibility, 13 FCC Rcd 3272 (1998), Order on Reconsideration, 13 FCC Rcd 19973 (1998); Implementation of Video Description of Video Programming, 15 FCC Rcd 15230 (2000), Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 1251 (2001). 47 C.F.R. § 79.1(b). 47 C.F.R. § 79.3(b). An EPG
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  • Utilicorp Comments at 9; SBCA Comments at 17-18. EchoStar Comments at 10-11. DirecTV Comments at 10. Id. at 11. Comcast Comments at 9. Comcast Reply Comments at 22. AT&T Reply Comments at 8. NCTA Reply Comments at 7. Section 613(f) was added to the Communications Act as part of the 1992 Cable Act. 47 U.S.C. § 533(f). 47 C.F.R § 76.504. See 1994 Report, 9 FCC Rcd at 7521. Time Warner Entertainment Co. v. FCC, 240 F.3d 1126 (D.C. Cir.2001). See Cable Ownership Notice, fn. 415 supra. BSPA Comments at 14; EchoStar Comments at 10-11; Utilicorp Comments at 9-10; Hometown Comments at 1. See Appendix C, Table C-3. NCTA, Regional Cable Networks, Cable Developments 2002, at 171-194. EchoStar Comments at 10-11.
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  • Regulations and Policies Affecting Investment in the Broadcast Industry, Reexamination of the Commission's Cross-Interest Policy, 16 FCC Rcd 17312 (2001) (``Horizontal FNPRM''). 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. §§ 76.1004, 76.1507. 47 C.F.R. § 76.1301(c) 47 C.F.R. § 76.504(a). See Implementation of Section 305 of the Telecommunications Act of 1996 -Video Programming Accessibility, 13 FCC Rcd 3272 (1998), Order on Reconsideration, 13 FCC Rcd 19973 (1998); 47 C.F.R. § 79.1(b)(1) (phase-in schedule for programming first published or exhibited on or after January 1, 1998). Video programming first published or exhibited for display on television receivers equipped for display of
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  • 76.620. § 76.620 [removed] 8. Section 76.1510 is revised to 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
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  • the natural pauses in the program's audio and distributed in the program's second audio channel. See Implementation of Video Description of Video Programming, 15 FCC Rcd 15230 (2000), on recon., 16 FCC Rcd 1251 (2001). Motion Picture Association of America v. FCC, 309 F.3d 796 (D.C. Cir. 2002). 47 C.F.R. §§ 76.1004, 76.1507. 47 C.F.R. § 76.1301(c). 47 C.F.R. § 76.504(a). See Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable And Timely Fashion, and Possible Steps To Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, 17 FCC Rcd 2844 (2002) (``Third 706 Report''); Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable And Timely Fashion,
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  • Reserved] 13. Section 76.1510 is revised to include Sections 76.611, 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
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  • nor the applicants' program access commitments were sufficient to address this potential public interest harm, we required commercial arbitration where negotiations fail to produce a mutually acceptable set of prices, terms and conditions for carriage of an RSN. News Corp/Hughes Order, 19 FCC Rcd at 552-55 ¶¶ 172-79. 47 C.F.R. §§ 76.1004, 76.1507. 47 C.F.R. § 76.1301(c). 47 C.F.R. § 76.504(a). We note that the Commission recently commenced a rulemaking proceeding addressing the current status of closed captioning and whether revisions should be made to the closed captioning rules. See Closed Captioning of Video Programming, Telecommunications for the Deaf, Inc. Petition for Rulemaking, CS Docket No. 05-231, FCC 05-142 (rel. July 21, 2005). 47 C.F.R. § 79.1(b)(1) (phase-in schedule for captioning
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  • Cable Attribution NPRM). The Commission also observed that the legislative history of the 1992 Act expressly suggested use of the broadcast attribution standard. 1998 Cable Attribution NPRM, 13 FCC Rcd at 12993 ¶ 4. The ``general'' cable attribution rules apply to such broad structural limitations as the horizontal ownership limits, 47 C.F.R. § 76.503; channel occupancy limits, 47 C.F.R. § 76.504; cable/SMATV cross-ownership, 47 C.F.R. § 76.501(d); and cable-telco buyout prohibition, 47 C.F.R. § 76.505. In contrast, for those rules implemented under the 1992 Act to deter specific improper practices and also to promote competition and diversity, such as commercial leased access and program access, the Commission adopted additional, stricter cable attribution standards. See 1998 Cable Attribution NPRM, 13 FCC Rcd
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  • regard, Time Warner and Comcast have expressed their willingness to ``take all steps necessary'' to adhere to any new cable ownership limit that we may ultimately adopt. Other Cable Ownership Rules The Applicants provide adequate assurances that they will comply with all other Commission cable ownership rules. We discuss these rules below. Limits on Carriage of Vertically Integrated Programming. Section 76.504 of the Commission's rules prohibits a cable operator from carrying affiliated programming networks on more than 40% of its activated channels. The rule does not apply to channel capacity in excess of 75 channels. The Applicants state that Time Warner and Comcast will remain in compliance with section 76.504 following the transactions. The Applicants note that the transactions will not
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  • program control interests in C-SPAN. (3) Both Charter Communications' parent company Vulcan Ventures and Time Warner, Inc. subsidiary 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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-154A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-154A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-154A1.txt
  • 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 DIRECTV had developed a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-206A1.txt
  • Charter Communications' parent company Vulcan Ventures and Time Warner, Inc. subsidiary AOL have equity interests in Oxygen Media. 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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-207A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-207A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-207A1.txt
  • 4 percent of their channel capacity for ``noncommercial programming of an educational or informational nature.'' 47 C.F.R. § 25.701. See Implementation of Section 25 of the Cable Television and Consumer Protection Act of 1992, Direct Broadcast Satellite Public Interest Obligations, 13 FCC Rcd 23254 (1998). 47 C.F.R. § 76.1301(a). 47 C.F.R. § 76.1301(b). 47 C.F.R. § 76.1301(c). 47 C.F.R. § 76.504. See 47 C.F.R. § 76.1302(c), (d), (e). On March 2, 2007, the Commission adopted a Notice of Proposed 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,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-219A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-219A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-219A1.txt
  • and by the Commission's ``discretion to review individual cases that present unusual issues on a case-by-case basis where it would serve the public interest to conduct such a review''? Cable Insulated Limited Partnership Criteria Under the insulated limited partnership or ``ILP'' criteria of the cable attribution rules, a limited partner can avoid attribution for purposes of Sections 76.501, 76.503, and 76.504 of the Commission's cable ownership rules if it is not ``materially involved'' in the management and operations of the partnership with respect to its video programming activities. ``Non-material'' involvement is permitted in some significant partnership activities, without attribution, so that limited partners can ensure that their investments are protected. More particularly, a limited partnership interest is not attributable for purposes
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-4A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-4A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-4A1.txt
  • 309(e) of the Act requires that we designate the Application for hearing. 47 U.S.C. § 309(e). See, e.g., Sirius-XM Merger Order, 23 FCC Rcd at 12364, ¶ 30; Liberty Media-DIRECTV Order, 23 FCC Rcd at 3276, ¶ 22; SBC-AT&T Order, 20 FCC Rcd at 18300, ¶ 16; Verizon-MCI Order, 20 FCC Rcd at 18442-43, ¶ 16. See 47 C.F.R. § 76.504. See 47 C.F.R. § 76.503. See 47 C.F.R. § 73.3555(b). Cable Television Consumer Protection and Competition Act of 1992, P.L. No. 102-385, 106 Stat. 1460 (``1992 Act''), Communications Act § 613(f), 47 U.S.C. § 533(f). Comcast Corp. v. FCC, 579 F.3d 1 (D.C. Cir. 2009) (finding that the rule capping the market share of any single cable television operator at
• 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
  • a fresh record. In the end, the issue of lifting the stay boils down to whether the Commission is serious about implementing Congress' express directive to establish reasonable horizontal ownership limits. Today's decision indicates that it is not. These rules apply to the 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
• 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
  • 31. We note that most satellite service currently utilizes a narrowband return path. However, in April 2000, StarBand Inc., began offering 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
• http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.doc http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.txt
  • in Concentrated Markets,'' Journal of Political Economy, Vol 1991 at 977-1009. See e.g., 2000 Price Survey at 4346. See Time Warner v. United States, 211 F.3d at 1320, 1322-23; see also n. 7, supra. -35, supra. These problems include limiting the supply of or entry into the market for programming, foreclosing competition, and the development of X-inefficiencies. 47 C.F.R. § 76.504 provides, in pertinent part: (a) Except as otherwise provided in this section no cable operator shall devote more than 40 percent of its activated channels to the carriage of national video programming services owned by the cable operator or in which the cable operator has an attributable interest. The channel occupancy limits set forth in paragraph (a) of this section
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • and Order permits investors in limited liability companies and registered limited liability partnerships to insulate their interests from attribution. In order to insulate their interests, investors must file a certification pursuant to 47 C.F.R. § 76.501(f). Directors and officers may petition the Commission for a waiver of attribution under 47 C.F.R. § 76.501(f); 47 C.F.R. § 76.503; 47 C.F.R. § 76.504. This Report and Order sets ownership and investment thresholds in entities covered by the Commission's cable rules, Section 76, that subject their investors to the cable rules. See Appendix A. E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered We find that there are no significant alternatives to the rules and policies set forth
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.txt
  • program networks.''); Encore Digital Carriage Comments at 5; America's Voice Digital Carriage Comments at 14 (number of competitors will outstrip available channel space); Weather Channel Digital Carriage Comments at 13-15. 1998 Competition Report at 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
• 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
  • FCC Rcd 19014, 19014 ¶ 1 (1999). Thus, the cable ownership attribution rules identify ownership interests that raise issues of concern to the Commission. See id. See Section III.B, infra. 47 C.F.R. § 76.503. See United States v. AT&T Corp. and MediaOne Group, Inc., Case No. 1:00CV01176, Complaint and Proposed Final Judgment (D.D.C., filed May 25, 2000). 47 C.F.R. § 76.504. 47 U.S.C. § 572(b). See Appendix A for a list of commenters in this proceeding. 47 U.S.C. §§ 214(a), 310(d). 47 U.S.C. §§ 214(a), 310(d). See WorldCom-MCI Order, 13 FCC Rcd at 18030 ¶ 8; Bell Atlantic-NYNEX Order, 12 FCC Rcd at 20000 ¶ 29. SBC-Ameritech Order, 14 FCC Rcd at 14737 ¶ 48; Applications of AT&T Corp. and Tele-Communications,
• http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://transition.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • 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. 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
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.txt
  • respond to higher rates, and the proportion of total ``production'' costs that are accounted for by advertising expenditures. Ferguson, supra note 69, at 636. Belo Comments at 11-13; Chronicle Comments at 16; Gannett Comments at 22; Tribune Comments at 60-65. Time Warner Entertainment v. FCC, 240 F.3d 1126 (D.C. Cir. 2001) (Time Warner). 47 C.F.R. § 76.503. Id. at § 76.504. United States v. O'Brien, 391 U.S. 367, 377 (1968). Turner Broadcasting Sys., Inc. v. FCC, 512 U.S. 622, 662-63 (1994). Time Warner, 240 F.3d at 1130. Id. at 1133. Id. at 1135-1136. NCCB, 436 U.S. at 797. Biennial Review Report, 15 FCC Rcd at 11105, ¶ 88. Local TV Ownership Report & Order, 14 FCC Rcd at 12926-12929. See, e.g.,
• 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
  • of 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
• http://wireless.fcc.gov/auctions/11/releases/deforder.pdf http://wireless.fcc.gov/auctions/11/releases/deforder.txt http://wireless.fcc.gov/auctions/11/releases/deforder.wp
  • Amendment of Multiple Ownership Rules, 18 FCC Rcd 288, 350 292-93 (1953)). 47 C.F.R. § 73.3555, n. 2. 351 Id. See also Attribution Notice, 10 FCC Rcd at 3628-30 (where the Commission sought comment on whether the 10 352 percent attribution level should be raised). 47 C.F.R. § 76.501, n. 2. 353 47 C.F.R. § 76.503(f). 354 47 C.F.R. § 76.504(h). 355 47 C.F.R. § 21.912(c), n. 1. 356 47 U.S.C. § 153(l). 357 55 conveys to its holder actual working control (including investor control) is already attributable under our rules. We believe generally, however, that even an entity that does not have de facto 347 or de jure control but owns a 20 percent or more interest in a licensee
• 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
  • a fresh record. In the end, the issue of lifting the stay boils down to whether the Commission is serious about implementing Congress' express directive to establish reasonable horizontal ownership limits. Today's decision indicates that it is not. These rules apply to the 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
• 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
  • 31. We note that most satellite service currently utilizes a narrowband return path. However, in April 2000, StarBand Inc., began offering 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
• http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.doc http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.pdf http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.txt
  • in Concentrated Markets,'' Journal of Political Economy, Vol 1991 at 977-1009. See e.g., 2000 Price Survey at 4346. See Time Warner v. United States, 211 F.3d at 1320, 1322-23; see also n. 7, supra. -35, supra. These problems include limiting the supply of or entry into the market for programming, foreclosing competition, and the development of X-inefficiencies. 47 C.F.R. § 76.504 provides, in pertinent part: (a) Except as otherwise provided in this section no cable operator shall devote more than 40 percent of its activated channels to the carriage of national video programming services owned by the cable operator or in which the cable operator has an attributable interest. The channel occupancy limits set forth in paragraph (a) of this section
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99288.txt
  • and Order permits investors in limited liability companies and registered limited liability partnerships to insulate their interests from attribution. In order to insulate their interests, investors must file a certification pursuant to 47 C.F.R. § 76.501(f). Directors and officers may petition the Commission for a waiver of attribution under 47 C.F.R. § 76.501(f); 47 C.F.R. § 76.503; 47 C.F.R. § 76.504. This Report and Order sets ownership and investment thresholds in entities covered by the Commission's cable rules, Section 76, that subject their investors to the cable rules. See Appendix A. E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered We find that there are no significant alternatives to the rules and policies set forth
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99289.txt
  • program networks.''); Encore Digital Carriage Comments at 5; America's Voice Digital Carriage Comments at 14 (number of competitors will outstrip available channel space); Weather Channel Digital Carriage Comments at 13-15. 1998 Competition Report at 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
• 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
  • FCC Rcd 19014, 19014 ¶ 1 (1999). Thus, the cable ownership attribution rules identify ownership interests that raise issues of concern to the Commission. See id. See Section III.B, infra. 47 C.F.R. § 76.503. See United States v. AT&T Corp. and MediaOne Group, Inc., Case No. 1:00CV01176, Complaint and Proposed Final Judgment (D.D.C., filed May 25, 2000). 47 C.F.R. § 76.504. 47 U.S.C. § 572(b). See Appendix A for a list of commenters in this proceeding. 47 U.S.C. §§ 214(a), 310(d). 47 U.S.C. §§ 214(a), 310(d). See WorldCom-MCI Order, 13 FCC Rcd at 18030 ¶ 8; Bell Atlantic-NYNEX Order, 12 FCC Rcd at 20000 ¶ 29. SBC-Ameritech Order, 14 FCC Rcd at 14737 ¶ 48; Applications of AT&T Corp. and Tele-Communications,
• 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
  • from 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
• http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.pdf http://www.fcc.gov/Bureaus/Cable/Reports/fcc98335.txt
  • 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. 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
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.txt
  • respond to higher rates, and the proportion of total ``production'' costs that are accounted for by advertising expenditures. Ferguson, supra note 69, at 636. Belo Comments at 11-13; Chronicle Comments at 16; Gannett Comments at 22; Tribune Comments at 60-65. Time Warner Entertainment v. FCC, 240 F.3d 1126 (D.C. Cir. 2001) (Time Warner). 47 C.F.R. § 76.503. Id. at § 76.504. United States v. O'Brien, 391 U.S. 367, 377 (1968). Turner Broadcasting Sys., Inc. v. FCC, 512 U.S. 622, 662-63 (1994). Time Warner, 240 F.3d at 1130. Id. at 1133. Id. at 1135-1136. NCCB, 436 U.S. at 797. Biennial Review Report, 15 FCC Rcd at 11105, ¶ 88. Local TV Ownership Report & Order, 14 FCC Rcd at 12926-12929. See, e.g.,
• 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
  • of 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
• http://www.fcc.gov/mb/engineering/76print.html
  • doctrine; personal attacks; political editorials. [54]76.213 Lotteries. [55]76.225 Commercial limits in children's programs. [56]76.227 [Reserved] Subpart H -- General Operating Requirements [57]76.309 Customer service obligations. Subpart I -- Forms and Reports [58]76.403 Cable television system reports. Subpart J -- Ownership of Cable Systems [59]76.501 Cross-ownership. [60]76.502 Time limits applicable to franchise authority consideration of transfer applications. [61]76.503 National subscriber limits. [62]76.504 Limits on carriage of vertically integrated programming. [63]76.505 Prohibition on buy outs. Subpart K -- Technical Standards [64]76.601 Performance tests. [65]76.605 Technical standards. [66]76.606 Closed captioning. [67]76.609 Measurements. [68]76.610 Operation in the frequency bands 108-137 and 225-400 MHz -- scope of application. [69]76.611 Cable television basic signal leakage performance criteria. [70]76.612 Cable television frequency separation standards. [71]76.613 Interference from a
• http://www.fcc.gov/mb/engineering/part76.pdf
  • political editorials. § 76.213 Lotteries. § 76.225 Commercial limits in children's programs. § 76.227 [Reserved] Subpart H-General Operating Requirements § 76.309 Customer service obligations. Subpart I-Forms and Reports § 76.403 Cable television system reports. Subpart J-Ownership of Cable Systems § 76.501 Cross-ownership. § 76.502 Time limits applicable to franchise authority consideration of transfer applications. § 76.503 National subscriber limits. § 76.504 Limits on carriage of vertically integrated programming. § 76.505 Prohibition on buy outs. Page 2of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... Subpart K-Technical Standards § 76.601 Performance tests. § 76.602 Incorporation by reference. § 76.605 Technical standards. § 76.606 Closed captioning. § 76.609 Measurements. § 76.610 Operation in the frequency bands 108­137 and 225­400 MHz-scope of application. §
• http://www.fcc.gov/ogc/documents/opinions/2001/94-1035.doc http://www.fcc.gov/ogc/documents/opinions/2001/94-1035.html http://www.fcc.gov/ogc/documents/opinions/2001/94-1035.pdf
  • 1999) do not go into an MSO's numerator, even if not the result of an overbuild. See id. at 19112 p 33. As a result, the rule's main bite is on firms obtaining subscribers through merger or acquisition. The vertical limit is currently set at 40% of channel capacity, reserving 60% for programming by non-affiliated firms. See 47 C.F.R. § 76.504; Second Report, 8 F.C.C.R. at 8593-94 p 68; Implementation of Section 11(c) of the Cable Television Consumer Protection and Competition Act of 1992, 10 F.C.C.R. 7364, 7368 p 14 (1995) ("Reconsideration Order"). Channels assigned to broadcast stations, leased access, and for public, educational, or governmental uses are included in the calculation of channel capacity. See id. at 7371-73 p p