FCC Web Documents citing 76.938

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1496A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1496A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1496A1.txt
  • § 76.922(f)(6). Opposition at 13. Id. at 12-13; 47 C.F.R. § 76.939. 47 C.F.R. § 76.922(f)(6). See LOI Response to Request and Exhibits 3-1 and 3-2. Appeal Attachment A, Superintendent's Recommended Decision at 2. 19 FCC Rcd 312, 315-316. 19 FCC Rcd at 316. See also, 47 C.F.R. § 76.937. 19 FCC Rcd at 316. See also, 47 C.F.R. § 76.938. See 47 C.F.R. § 76.922(f)(6). Appeal Attachment A, Superintendent's Recommended Decision at 3. See Appeal Attachment D, Letter from Sharon M. McCarthy, Director of Business Operations, TCI of Pennsylvania, Inc., to Deborah S. Miskovich, Director, City of Pittsburgh Department of General Services dated May 9, 1997. 47 C.F.R. § 76.939. Appeal Exhibit 4-4. 19 FCC Rcd at 318. 47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1703A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1703A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1703A1.txt
  • from Robbin Pepper, Comcast Cable Commun., Inc., to Ms. Melise [sic] Leal, City of Grapevine, dated May 20, 2003) at 20-21. See, e.g., Grapevine Appeal, Attachment G, supra note 65, at 21; Grapevine Response at 10; Grapevine Reply at 5-6. In Comcast's Appeals and Replies, it devotes barely one page to this issue. 47 C.F.R. § 76.937. 47 C.F.R. § 76.938. TCI of Pennsylvania, Inc., supra note 32, at ¶ 14. See, e.g., Allen Appeal, Exhibit G (Letter from Connie Cannady, C2 Consulting Services, Inc., to Ms. Jennifer Jung, City of McKinney, and Ms. Shelli Siemer, City of Allen, dated November 10, 2003), at 1-2. Allen Appeal at 15-16 & n.49. Comcast filed its Form 1240s with the Cities on or
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2851A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2851A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2851A1.txt
  • under the agreement due to the incomplete information.''), 14. Even in its Reply herein, Comcast stated that it ``certainly is not waiving its confidentiality claims with respect to that information.'' Comcast Reply at 6. Rate Order, supra note 4, at 2 (second WHEREAS clause); Comcast Appeal, Attachment E, supra note 37, at 5. 47 C.F.R. § 76.937(a). 47 C.F.R. § 76.938. Comcast Reply at 6-7, referencing two of the agreements, copies of which the City supplied along with its Response. (...continued from previous page) (continued....) Federal Communications Commission DA 04-2851 Federal Communications Commission FCC 00-XXX o p q r | ´ µ ¶ p q | gd h h h gd h h gd h h h gd @& D c
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-34A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-34A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-34A1.txt
  • evidenced by TCI providing a contract agreement with F&V that reflected SSI as the contracting party rather than TCI. The City argues that TCI is required by section 76.939 of the Commission's rules to comply with a local franchising authority's information request and is prohibited from submitting information that omits relevant material information. The City further argues that under Section 76.938 of the Commission's rules, an operator is required to produce even proprietary information. The City cites Tele-Media Company of Virginia, which denied a cable operator's appeal requesting that information submitted in a rate form be kept confidential. 10. Finally, the City argues that after it denied TCI's requested rate increase, TCI has chosen to provide new information for the first
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3618A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3618A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3618A1.txt
  • that ``[t]he programming cost issue raised below directly affected only two of the Cities (Grapevine and Allen).'' A cable operator completes the Commission's Form 1240 and, based on it, the operator's franchising authority sets the prices for the cable operator's BST. Each City was entitled to see material and relevant information, even if it is proprietary. See 47 C.F.R. § 76.938. See, e.g., City of Allen Reply to Response to Appeal of Local Rate Order (``Allen Reply''), filed on Feb. 3, 2004, Attachment I (Letter from Ms. Cannady to Ms. Pepper, dated April 3, 2004), Attachment at 1; Colleyville Appeal, supra note 18, Attachment B (Letter from Ms. Pepper to Ms. Cannady, dated July 8, 2003) at 3-4; Flower Mound Opposition,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • installation used to receive the basic service tier. 76.924 Allocation to service cost categories. 76.925 Costs of franchise requirements. 76.930 Initiation of review of basic cable service and equipment rates. 76.933 Franchising authority review of basic cable rates and equipment costs. 76.934 Small systems and small cable companies. 76.935 Participation of interested parties. 76.936 Written decision. 76.937 Burden of proof. 76.938 Proprietary information. 76.939 Truthful written statements and responses to requests of franchising authority. 76.940 Prospective rate reduction. 76.941 Rate prescription. 76.942 Refunds. 76.943 Fines. 76.944 Commission review of franchising authority decisions on rates for the basic service tier and associated equipment. 76.945 Procedures for Commission review of basic service rates. 76.946 Advertising of rates. 76.950 Complaints regarding cable programming service
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-678A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-678A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-678A1.txt
  • Appeal, Attachment E, supra note 11, at 5. Sierra Madre, 11 FCC Rcd 10557, 10561 (1996) ¶ 9. Id. TCI of Richardson, Inc., 13 FCC Rcd 21690, 21695-96 (1998) ¶ 14 & n.40. 47 C.F.R. § 76.937; see also ¶ 4 supra. Also, the franchising authority is entitled to see information that is material and relevant. See 47 C.F.R. § 76.938. FCC Forms, 1205, Instructions for Determining Costs of Regulated Cable Equipment & Installation, http://www.fcc.gov/formpage.html (visited Dec. 14, 2004). See Appeal at 7; Appeal, Attachment D, supra note 12, 5. Appeal, Attachment D, supra note 12, at 5. Id. Opposition at 8. Appeal at 7-8. Id. at 8 n.20. Appeal at 9, quoting id., Attachment E, supra note 11, at 6.
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000697.doc
  • of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Third Order on Reconsideration, 9 FCC Rcd 4316, 4344 para. 77 (1994) (``Third Reconsideration''). Third Reconsideration, 11 FCC Rcd at 4348 para. 89; 47 C.F.R. § 76.937 (d), (e). See Century Southwest Cable Television Corp., 9 FCC Rcd 2423, 2424 (CSB 1994). 47 C.F.R. § 76.938; Third Reconsideration at 4344 paras. 77-78. 47 C.F.R. S 76.937(a). Third Reconsideration, 9 FCC Rcd at 4347 para. 84, 4348 para. 90; 47 C.F.R. §§ 76.940, 76.941, 76.942. Third Reconsideration, 9 FCC Rcd at 4347 para. 84; Falcon First Communications, L.P. (Whitfield County, GA), 14 FCC Rcd 7277, 7282 para. 12 (CSB 1999) (if operator has had opportunity to participate
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001240.doc
  • Stay of Local Rate Order at 2. Id.; City of Dallas' Response Opposing Request for Emergency Stay of Local Rate Order at 5. Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, Buy-Through Prohibition, MM Dockets 92-266, 92-262, Third Order on Reconsideration, 9 FCC Rcd 4316, 4344 para. 77 (1994); 47 C.F.R. § 76.938. Id. at 4347 para. 84, 4348 para. 90. Multimedia Cablevision, Inc., 13 FCC Rcd 4112, 4115 para. 6 (Cab. Serv. Bur. 1997). We will not require the operator to track the identities of all Dallas subscribers as of May 24, 2000, who are charged the increased rates and make any refunds to such subscribers to the extent the City prevails.
• http://www.fcc.gov/mb/engineering/76print.html
  • installation used to receive the basic service tier. [102]76.924 Allocation to service cost categories. [103]76.925 Costs of franchise requirements. [104]76.930 Initiation of review of basic cable service and equipment rates. [105]76.933 Franchising authority review of basic cable rates and equipment costs. [106]76.934 Small systems and small cable companies. [107]76.935 Participation of interested parties. [108]76.936 Written decision. [109]76.937 Burden of proof. [110]76.938 Proprietary information. [111]76.939 Truthful written statements and responses to requests of franchising authority. [112]76.940 Prospective rate reduction. [113]76.941 Rate prescription. [114]76.942 Refunds. [115]76.943 Fines. [116]76.944 Commission review of franchising authority decisions on rates for the basic service tier and associated equipment. [117]76.945 Procedures for Commission review of basic service rates. [118]76.946 Advertising of rates. [119]76.950 Complaints regarding cable programming service
• http://www.fcc.gov/mb/engineering/part76.pdf
  • 76.924 Allocation to service cost categories. § 76.925 Costs of franchise requirements. § 76.930 Initiation of review of basic cable service and equipment rates. § 76.933 Franchising authority review of basic cable rates and equipment costs. § 76.934 Small systems and small cable companies. § 76.935 Participation of interested parties. § 76.936 Written decision. § 76.937 Burden of proof. § 76.938 Proprietary information. Page 3of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... § 76.939 Truthful written statements and responses to requests of franchising authority. § 76.940 Prospective rate reduction. § 76.941 Rate prescription. § 76.942 Refunds. § 76.943 Fines. § 76.944 Commission review of franchising authority decisions on rates for the basic service tier and associated equipment. § 76.945 Procedures