FCC Web Documents citing 76.1301

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

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  • CARRIAGE AGREEMENTS Brief Description: These rules govern agreements between multichannel video programming distributors and video programming vendors. Need: These rules implement section 12 of the Cable Television Consumer Protection and Competition Act of 1992, which adds a new section 616 to the Communications Act of 1934. Legal Basis: 47 U.S.C. 152(a), 154(i), and 303(r). Section Number and Title: 76.1300 Definitions. 76.1301 Prohibited practices. 76.1302 Carriage agreement proceedings. PART 87 -- AVIATION SERVICES SUBPART F -- AIRCRAFT STATIONS Brief Description: This part states the conditions under which radio stations may be licensed and used in the aviation services. Subpart F sets forth, among other things, the requirements for emergency locator transmitters (ELTs) that operate in the 406.0-406.1 MHz band. An ELT is
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  • Inc. (``TWC''), Bright House Networks, LLC (``BHN''), Cox Communications, Inc. (``Cox''), and Comcast Corporation (``Comcast''). WealthTV, a video programming vendor, alleges that TWC, BHN, Cox, and Comcast, all multichannel video programming distributors (``MVPDs''), discriminated against WealthTV's programming in favor of a similarly situated video programming vendor, MOJO, which is affiliated with TWC, BHN, Cox, and Comcast, in violation of Section 76.1301(c) of the Commission's rules. As discussed below, we direct these matters to an Administrative Law Judge (``ALJ'') and order that the ALJ return Recommended Decisions in these matters to the Commission pursuant to the procedures set forth below within 60 days of the release of this Memorandum Opinion and Hearing Designation Order (``Order''). NFL Enterprises LLC (``NFL'') has filed a
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  • TWC Pre-Hearing Brief at 67-70. Petition for Review at 92-93. Adelphia Order, 21 FCC Rcd at 8287-8288, ¶¶ 189-191. Id. at 8339, Appendix B, § B.4.a. Id., Appendix B, § B.4.c. Decision and Award at 6-7. Id. at 7. Adelphia Order, 21 FCC Rcd at 8287-8288, ¶¶ 189-191. 47 U.S.C. § 536. 47 U.S.C. § 536(a)(3); see 47 C.F.R. § 76.1301(c) (implementing discrimination provision). Decision and Award at 7, citing In the Matter of TCR Sports Broadcasting Holding, L.L.P., d/b/a Mid-Atlantic Sports Network, Claimant, v. Time Warner Cable Inc., Respondent, Nos. 12 494 E 000326 07, 71 472 E 00697 07, Time Warner Cable's Stage 1 Opening Brief, May 8, 2008, at 4 (``TWC Stage 1 Opening Brief''). Decision and Award
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  • effect of which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or nonaffiliation of vendors in the selection, terms, or conditions for carriage of video programming provided by such vendors. The Commission adopted rules in 1993 to implement Section 616. Specifically, Sections 76.1301(c) prohibits a cable operator or other MVPD from engaging in conduct that unreasonably restrains the ability of an unaffiliated programming vendor to compete fairly by discriminating against such vendor on the basis of its affiliation or nonaffiliation. Delegated Authority. Under the Commission's delegation rules, the person ``to which functions are delegated shall, with respect to such functions, have all the
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  • at Exhibit B-2, n.9; SNL Interactive: Time Warner Cable Inc. Briefing Book: TV Networks (last visited Jan. 28, 2009). See supra note 1. See 47 C.F.R. §§ 76.1001-76.1003. RCN Corporation Petition to Condition Consent or Deny Application at 1-2 (``RCN Petition''); DISH Network Corporation Comments at 1-2 (``DISH Comments''). RCN Petition at 6-11; DISH Comments at 2-3. 47 C.F.R. § 76.1301(c); see also 47 C.F.R. § 76.1301(a) (prohibiting cable operator or other MVPD, regardless of vertical integration, from requiring a financial interest in any program service as a condition for carriage) and 47 C.F.R. § 76.1301(b) (prohibiting a cable operator or other MVPD, regardless of vertical integration, from coercing any video programming vendor to provide, or retaliate against such a vendor
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  • Communications, LLC (``Comcast''). The complaint alleges that Comcast, a vertically integrated multichannel video programming distributor (``MVPD''), discriminated against The Tennis Channel, a video programming vendor, on the basis of affiliation, with the effect of unreasonably restraining The Tennis Channel's ability to compete fairly, in violation of Section 616(a)(3) of the Communications Act of 1934, as amended (``the Act''), and Section 76.1301(c) of the Commission's Rules. The complaint arises from Comcast's denial of The Tennis Channel's request to be repositioned from a premium sports tier to a more broadly distributed programming tier. After reviewing The Tennis Channel's complaint, we find that The Tennis Channel has put forth sufficient evidence supporting the elements of its program carriage discrimination claim to establish a prima
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  • Oct. 12, 2011) (``Petition''). See Game Show Network, LLC, Program Carriage Complaint, File No. CSR-8529-P (filed Oct. 12, 2011), at 7 (``Complaint''). See id. at 6 (citing Cablevision Systems Corporation, Form 10-K (Feb. 16, 2011), at 1, Ex. 10). See Petition at 5-6; Complaint at 7-10, 17-21, 24. See generally Complaint; see also 47 U.S.C. § 536(a)(3); 47 C.F.R. § 76.1301(c). See Complaint at 2. See Petition at 1. See Cablevision Systems Corporation, Opposition to Petition for Temporary Relief, File No. CSR-8529-P (filed Nov. 2, 2011) (``Cablevision Opposition''); Game Show Network, LLC, Reply, File No. CSR-8529-P (filed Nov. 14, 2011) (``Reply''). See Petition at 4 (citing Time Warner Cable, Order on Reconsideration, 21 FCC Rcd 9016, 9018-19, ¶ 9 (MB 2006)).
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  • genre and proximity to channels ``where viewers are likely to spend quality time (rather than rarely visit)'' are distinct, however, and we believe that the Commission adopted the news neighborhooding condition with the intent to afford independent news channels the former treatment rather than the latter. See Comcast-NBCU Order, 26 FCC Rcd at 4287-8, ¶¶ 121, 123; 47 C.F.R. § 76.1301(c). Reply at 48-49. Id. at 48. Id. at 49. Comcast-NBCU Order, 26 FCC Rcd at 4288, ¶ 123. The Commission also eased an aggrieved party's burden of proof in making those allegations: ``If program carriage disputes arise based on this non-discrimination condition, it will be sufficient for the aggrieved vendor to show that it was discriminated against on the basis
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  • Initial Decision in this proceeding granting a complaint filed by The Tennis Channel, Inc. against Comcast Cable Communications, LLC. The Tennis Channel seeks an order compelling Comcast's immediate compliance with the Initial Decision. Comcast opposes this request and seeks a conditional stay of the Initial Decision. The Initial Decision concludes that Comcast violated sections 616 of the Communications Act and 76.1301(c) of the Commission's rules by unreasonably discriminating against The Tennis Channel with respect to the terms and conditions of its carriage by Comcast's cable systems. As a result, the Initial Decision orders Comcast to pay a forfeiture of $375,000 and carry The Tennis Channel on the same tier as Comcast's affiliated sports programming networks, Golf Channel and Versus (now NBC
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  • LLC (``GSN'') against Cablevision Systems Corporation (``Cablevision''). The complaint alleges that Cablevision, a vertically integrated multichannel video programming distributor (``MVPD''), discriminated against GSN, a video programming vendor, on the basis of affiliation, with the effect of unreasonably restraining GSN's ability to compete fairly, in violation of Section 616(a)(3) of the Communications Act of 1934, as amended (``the Act''), and Section 76.1301(c) of the Commission's Rules. The complaint arises from Cablevision's decision to move GSN from a basic tier to a premium sports tier, resulting in a loss of Cablevision subscribers for GSN. After reviewing GSN's complaint, we find that GSN has put forth sufficient evidence supporting the elements of its program carriage discrimination claim to establish a prima facie case. Below,
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  • 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 place to be specified in a subsequent order by an Administrative
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  • to Deborah Lathen, Chief, FCC Cable Services Bureau, dated Mar. 17, 2000. Id.; Letter from Douglas G. Garrett, Senior Regulatory Counsel, AT&T, to Magalie Roman Salas, Secretary, FCC, dated May 17, 2000, Transmittal of letter from Douglas G. Garrett to Royce Dickens, Cable Services Bureau, dated May 17, 2000. See 47 C.F.R. § 76.504(a) (channel occupancy limits); 47 C.F.R. § 76.1301(c) (program carriage). In re Internet Ventures, Inc., Internet On-Ramp, Inc., CSR-5407-L, Memorandum Opinion and Order (``IVI''), FCC 00-37 ¶¶ 12-13 (rel. Feb. 18, 2000). In IVI, Internet Ventures, an ISP, petitioned the Commission for a declaration that ISPs are entitled to commercial leased access under Section 612 of the Communications Act, 47 U.S.C. § 532. Id. at ¶ 1. Section
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  • connection with such waiver. 5. Section 76.1510 is revised to read as follows: § 76.1510 Application of certain Title VI provisions The following sections within Part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video systems. 6. Section 76.1700 is amended by removing the word ``locally'' from the title, to read
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  • obligations for DBS providers. 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.
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  • size. Adilov and Alexander, however, construct bargaining models based on the assumption of unequal divisions of profits, and conclude that large buyers enjoy greater gains from trade than smaller buyers. Another manifestation of MVPD bargaining power is the ability to demand that a programmer give the MVPD exclusive distribution rights as a condition of carriage. But see 47 C.F.R. § 76.1301(b), which prohibits MVPDs from demanding an exclusive contract from a programmer for carriage. A large MVPD may be able to pay the programmer a premium that represents the revenues the programmer will forego by excluding other distributors. An increased subscriber reach may facilitate either outcome. We discuss the potential harm resulting from exclusive contracting below. See Mark Bykowsky, Anthony M.
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  • Review of the Commission's 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
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  • Stat. 1501, Appendix I (1999) (``SHVIA''). 47 C.F.R. § 76.65. Implementation of the Satellite Home Viewer Improvement Act of 1999: Retransmission Consent Issues, 16 FCC Rcd 1918, 1928 (2000). 47 C.F.R. § 76.66(b)(1). See 47 C.F.R. § 76.66(i) (channel position); 47 C.F.R. § 76.66(j) (manner of carriage) 47 C.F.R. § 76.66(m) (remedies). See 47 U.S.C. § 536(a)(3); 47 C.F.R. § 76.1301(c). See 47 C.F.R. § 76.1003. The following is a list of national programming networks affiliated with News Corp. (News Corp.'s ownership share appears in parentheses only if it is less than 100%): Fox News Channel; FX; National Geographic Channel (66 2/3%; remaining 33 1/3% National Geographic Society); Speed Channel; Fox Movie Channel; Fox Sports World; Fox Sports en Espanol (37.8%;
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  • had required certain non-affiliated program vendors to grant exclusive rights to programming, a financial interest in the programming, or some other additional consideration as a condition 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
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  • Section 76.611 as part of the requirements and should read as follows: § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); § 76.611 (signal leakage restrictions); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video systems. PART 78 - CABLE TELEVISION RELAY SERVICE 9. Amend Section
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  • television program, inserted into 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
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  • and 76.1804 as part of the requirements and should read as follows: § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); § 76.611 (signal leakage restrictions); § 76.1803 and 76.1804 (signal leakage monitoring and aeronautical frequency notifications); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video
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  • our program access rules 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)
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  • an independent programming service. See Oxygen Comments filed in MB Docket No. 04-207 (A La Carte Proceeding) at 3 (Jul. 15, 2004). Time Warner II, 240 F.3d at 1133. Id. We note that, in 1992, Congress instructed the Commission to adopt rules prohibiting cable operators from demanding equity in exchange for carriage. See 47 U.S.C § 536; 47 C.F.R. § 76.1301. Despite these protections, Time Warner II recognizes that ``a single MSO, acting alone rather than `jointly,' might perhaps be able to do so while serving somewhat less than the 60% of the market (i.e., less than the fraction that would allow it unilaterally to lock out a new cable programmer) despite the existence of antitrust laws and specific behavioral prohibitions
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  • Commission also listed regional news and regional sports programming as examples of ``must have'' programming. Id. Id. 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. In the following sections, we examine whether the transactions are likely to contravene the
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  • 2006 Released: July 31, 2006 By the Commission: Commissioner McDowell issuing a statement. introduction TCR Sports Broadcasting Holding, L.L.P. (``TCR'') has filed a program carriage complaint (``Complaint'') against Comcast Corporation (``Comcast''). TCR, a video programming vendor, alleges that Comcast, a multichannel video programming distributor (``MVPD''), demanded a financial interest in return for carriage of TCR's programming in violation of Section 76.1301(a) of the Commission's rules and discriminated against TCR's programming in favor of Comcast's own programming in violation of Section 76.1301(c) of the Commission's rules. As discussed below, we direct that an Administrative Law Judge hold a hearing to resolve the factual disputes with respect to both claims and return a recommended decision and remedy to the Commission within 45 days
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  • (visited Jan. 26, 2005). National Basketball Association, at http://www.nba.com/bobcats/news/c-set_050628.html (visited Oct. 27, 2005). CableFAX Daily, Oct. 28, 2005, at 1. On June 14, 2005, TCR Sports Broadcasting Holding, L.L.P. (TCR) d/b/a Mid-Atlantic Sports Network, Inc. (MASN) filed a Carriage Agreement Complaint and an Emergency Petition for Injunctive Relief requesting that the Commission direct Comcast to comply with 47 C.F.R. § 76.1301 by ceasing its discriminatory activities against TCR and mandate carriage of TCR's programming of Washington Nationals games on MASN on Comcast's systems in the Washington region. Prior to TCR's filings with the Commission, Comcast filed a related lawsuit against TCR in Montgomery County, Maryland, Circuit Court on April 21, 2005, claiming that TCR had violated its agreement with Comcast for
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  • MVPD from requiring ``a financial interest in any program service as a condition for carriage'' of such service, from coercing a programmer to grant ``exclusive'' carriage rights, and from engaging in conduct that unreasonably restrains ``the ability of an unaffiliated programming vendor to compete fairly'' by discriminating against such vendor ``on the basis of affiliation or nonaffiliation.'' 47 C.F.R. § 76.1301(a)-(c). A programmer may file a program carriage complaint with the Commission. 47 C.F.R. §§ 76.1300-1302. See also, 47 U.S.C. § 536. Adelphia Order, 21 FCC Rcd at 8287, ¶ 189. Appendix B is worded to resolve program access complaints, but the procedures generally apply in the context of program carriage complaints. Adelphia Order, 21 FCC Rcd at 8287, ¶ 190
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  • ``on the basis of affiliation or nonaffiliation'' of a vendor, and that ``the effect of the conduct that prompts the complaint is to unreasonably restrain the ability of the complainant to compete fairly.'' If, after reviewing the pleadings and supporting documentation filed by the parties, the Commission staff finds that the complainant has established a prima facie case under Section 76.1301(c), the staff may direct an ALJ to hold a hearing, issue a recommended decision on the facts underlying the discrimination claim and a recommended remedy, if necessary, and then return the matter to the Commission. We seek comment on these procedures, and, in particular, whether the elements of a prima facie case should be clarified. In the TCR Order, the
• 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
  • 3-5. TAC Comments at 5. CCVM Comments at 3-5. Comcast Reply at 40-41. Comcast Comments 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
• 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
  • No. 06-189). Id. DBS operators' public interest obligation requires them to reserve 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
• 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
  • premise that new programmers would need access to an ``open field'' of 40 percent of U.S. subscribers. Id. at 1132. Id. at 1134 (emphasis in original). Id. at 1133. Id. We note that, in 1992, Congress instructed the Commission to adopt rules prohibiting cable operators from demanding equity in exchange for carriage. See 47 U.S.C § 536; 47 C.F.R. § 76.1301. Despite these protections, the court in Time Warner II recognized that ``a single MSO, acting alone rather than `jointly,' might perhaps be able to do so while serving somewhat less than the 60 percent of the market (i.e., less than the fraction that would allow it unilaterally to lock out a new cable programmer) despite the existence of antitrust laws
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.txt
  • of the Internet in fostering video programming competition and the Commission's authority to regulate video services). 47 U.S.C. § 536(a). (discussing definition of ``video programming''). A number of video programming vendors make their programming available online. See, e.g., Hulu.com, www.hulu.com/about; Biography Channel, www.biography.com; Hallmark Channel, www.hallmarkchannel.com. See also supra Part II.A. 47 U.S.C. § 536(a)(1)-(3); see also 47 C.F.R. § 76.1301 (implementing regulations to address practices specified in Section 616(a)(1)-(3)). 47 U.S.C. § 536(a)(3). The Act does not define ``related practices'' as that phrase is used in Section 616(a). Because the term is neither explicitly defined in the statute nor susceptible of only one meaning, we construe it, consistent with dictionary definitions, to cover practices that are ``akin'' or ``connected'' to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1_Rcd.pdf
  • is any "person engaged in the production, creation, or wholesale distribution of video programming for sale." 47 U.S.C. § 536(b); see also supra note 408(discussing definition of "video programming"). A number of video programming vendors make their programming available online. See, e.g., Hulu.com,www.hulu.com/about; Biography Channel, www.biography.com; Hallmark Channel, www.hallmarkchannel.com. See alsosupraPart II.A. 42247 U.S.C. § 536(a)(1)­(3); see also47 C.F.R. § 76.1301 (implementing regulations to address practices specified in Section 616(a)(1)­(3)). 42347 U.S.C. § 536(a)(3). 424The Act does not define "related practices" as that phrase is used in Section 616(a).Because the term is neither explicitly defined in the statute nor susceptible of only one meaning, we construe it, consistent with dictionary definitions, to cover practices that are "akin" or "connected" to those
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  • in conduct the effect of which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or nonaffiliation of vendors in the selection, terms or conditions for carriage of video programming provided by such vendors. 47 U.S.C. § 536(a)(3); see also 47 C.F.R. § 76.1301(c) (implementing discrimination provision). In the Matter of the Arbitration between TCR Sports Broadcasting Holding, L.L.P., d/b/a Mid-Atlantic Sports Network, Claimant, and Time Warner Cable, Inc., Respondent, Arbitration Demand and Statement of Claim (filed June 5, 2007) (``MASN Arbitration Demand''). Id. In the Matter of Arbitration between TCR Sports Broadcasting Holding, L.L.P., d/b/a Mid-Atlantic Sports Network, Claimant, and Time Warner Cable
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A1.txt
  • video programming distributor, identify the type of multichannel video programming distributor, the address and telephone number of the complainant, what type of multichannel video programming distributor the defendant is, and the address and telephone number of each defendant; * * * * * (d) Prima facie case. In order to establish a prima facie case of a violation of § 76.1301 of this part, the complaint must contain evidence of the following: (1) The complainant is a video programming vendor as defined in section 616(b) of the Communications Act of 1934, as amended, and § 76.1300(e) of this part or a multichannel video programming distributor as defined in section 602(13) of the Communications Act of 1934, as amended, and § 76.1300(d)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-119A3.txt
  • abuse its authority under the Communications Act by regulating the community antenna television industry under Section 4(i)), with Am. Tel. & Tel. Co. v. FCC, 487 F.2d 865, 875-76 (2d Cir. 1973) (holding that Section 4(i) cannot be used to circumvent ``statutorily prescribed procedures with consequent frustration of the statutory purpose.''). Compare 47 U.S.C. § 536(a)(3), and 47 C.F.R. § 76.1301(c), with 47 U.S.C. § 548(c)(2)(B), and 47 C.F.R. § 76.1002(b) (showing that the program carriage rules make discrimination unlawful only insofar as it is ``on the basis of affiliation,'' whereas the program access rules make discrimination unlawful across the board. Further, the program carriage rules prohibit MVPDs from discriminating in the ``selection, terms or conditions of carriage'', whereas the program
• 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
  • Report and Order, 9 FCC Rcd 2642 (1993); see also Implementation of the Cable Television Consumer Protection And Competition Act of 1992, Development of Competition and Diversity in Video Programming Distribution and Carriage, Memorandum Opinion and Order, 9 FCC Rcd 4415 (1994). The Commission's program carriage rules are set forth at 47 C.F.R. §§ 76.1300 - 76.1302. 47 C.F.R. § 76.1301(a); see also 47 U.S.C. § 536(a)(1). 47 C.F.R. § 76.1301(b); see also 47 U.S.C. § 536(a)(2). 47 C.F.R. § 76.1301(c); see also 47 U.S.C. § 536(a)(3). WealthTV Reply at 8; see also Comments of The Tennis Channel, Inc. at 13 (filed Jun. 21, 2010) (``Tennis Channel Comments''). Bloomberg Reply at 30, n.87 (citing Bloomberg Petition at 29); see also MASN
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  • Corporation, ) Defendant ) MEMORANDUM OPINION AND ORDER Adopted: June 10, 2011 Released: June 13, 2011 By the Commission: gramming channel provided by a video programming vendor that was affiliated with the MVPDs. dated proceeding. As subsequently modified by the Presiding Administrative Law Judge (ALJ), the issues designated for hearing were: ming provided by the complainant in violation of Section 76.1301(c); tive Law Judge recommends.'' sions of the Recommended Decision and deny WealthTV's exceptions and other requests. Background The Statute and Regulations vent a [MVPD] from engaging in conduct the effect of which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or nonaffiliation
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-50A1.txt
  • 2012 Released: May 14, 2012 By the Commission: Commissioner Rosenworcel not participating. On December 20, 2011, the Chief Administrative Law Judge issued an Initial Decision in this proceeding granting a complaint filed by The Tennis Channel, Inc. (The Tennis Channel) against Comcast Cable Communications, LLC (Comcast). The Initial Decision concludes that Comcast violated sections 616 of the Communications Act and 76.1301(c) of the Commission's rules by unreasonably discriminating against The Tennis Channel with respect to the terms and conditions of its carriage by Comcast's cable systems. As a result, the Initial Decision orders Comcast to pay a forfeiture of $375,000 and carry The Tennis Channel on the same tier as Comcast's affiliated sports programming networks, Golf Channel and Versus (now NBC
• 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
  • to Deborah Lathen, Chief, FCC Cable Services Bureau, dated Mar. 17, 2000. Id.; Letter from Douglas G. Garrett, Senior Regulatory Counsel, AT&T, to Magalie Roman Salas, Secretary, FCC, dated May 17, 2000, Transmittal of letter from Douglas G. Garrett to Royce Dickens, Cable Services Bureau, dated May 17, 2000. See 47 C.F.R. § 76.504(a) (channel occupancy limits); 47 C.F.R. § 76.1301(c) (program carriage). In re Internet Ventures, Inc., Internet On-Ramp, Inc., CSR-5407-L, Memorandum Opinion and Order (``IVI''), FCC 00-37 ¶¶ 12-13 (rel. Feb. 18, 2000). In IVI, Internet Ventures, an ISP, petitioned the Commission for a declaration that ISPs are entitled to commercial leased access under Section 612 of the Communications Act, 47 U.S.C. § 532. Id. at ¶ 1. Section
• 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
  • to Deborah Lathen, Chief, FCC Cable Services Bureau, dated Mar. 17, 2000. Id.; Letter from Douglas G. Garrett, Senior Regulatory Counsel, AT&T, to Magalie Roman Salas, Secretary, FCC, dated May 17, 2000, Transmittal of letter from Douglas G. Garrett to Royce Dickens, Cable Services Bureau, dated May 17, 2000. See 47 C.F.R. § 76.504(a) (channel occupancy limits); 47 C.F.R. § 76.1301(c) (program carriage). In re Internet Ventures, Inc., Internet On-Ramp, Inc., CSR-5407-L, Memorandum Opinion and Order (``IVI''), FCC 00-37 ¶¶ 12-13 (rel. Feb. 18, 2000). In IVI, Internet Ventures, an ISP, petitioned the Commission for a declaration that ISPs are entitled to commercial leased access under Section 612 of the Communications Act, 47 U.S.C. § 532. Id. at ¶ 1. Section
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2011/dd110614.html
  • Action by: the Commission. Adopted: 06/13/2011 by NALF. (FCC No. 11-95). EB [20]FCC-11-95A1.doc [21]FCC-11-95A1.pdf [22]FCC-11-95A1.txt HERRING BROADCASTING, INC., D/B/A WEALTH TV V. TIME WARNER CABLE, INC., BRIGHT HOUSE NETWORKS, LLC, COX COMMUNICATIONS, INC., AND COMCAST CORPORATION. Denied WealthTV's exceptions and adopted the conclusions of the Recommended Decision of the Administrative Law Judge finding that four MVPDs had not violated section 76.1301(c) of the program carriage rules. (Dkt No. 08-214 ). Action by: the Commission. Adopted: 06/10/2011 by MO&O. (FCC No. 11-94). MB OGC [23]FCC-11-94A1.doc [24]FCC-11-94A1.pdf [25]FCC-11-94A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307450A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307450A2.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307464A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307464A2.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1051A1.doc 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1051A1.pdf 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1051A1.txt 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307500A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307500A1.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307516A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307516A1.txt 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307514A1.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307514A1.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1054A1.doc 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1054A1.pdf 16. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1054A1.txt 17. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1053A1.doc
• http://www.fcc.gov/mb/engineering/76print.html
  • or attach navigation devices. [152]76.1202 Availability of navigation devices. [153]76.1203 Incidence of harm. [154]76.1204 Availability of equipment performing conditional access or security functions. [155]76.1205 Availability of interface information. [156]76.1206 Equipment sale or lease charge subsidy prohibition. [157]76.1207 Waivers. [158]76.1208 Sunset of regulations. [159]76.1209 Theft of service. [160]76.1210 Effect on other rules. Subpart Q -- Regulation of Carriage Agreements [161]76.1300 Definitions. [162]76.1301 Prohibited practices. [163]76.1302 Carriage agreement proceedings. [164]76.13031305 [Reserved] Subpart R -- Telecommunications Act Implementation [165]76.1400 Purpose. [166]76.1402 CPST rate complaints. [167]76.1404 Use of cable facilities by local exchange carriers. Subpart S -- Open Video Systems [168]76.1500 Definitions. [169]76.1501 Qualifications to be an open video system operator. [170]76.1502 Certification. [171]76.1503 Carriage of video programming providers on open video systems. [172]76.1504 Rates,
• http://www.fcc.gov/mb/engineering/part76.pdf
  • equipment performing conditional access or security functions. § 76.1205 Availability of interface information. § 76.1206 Equipment sale or lease charge subsidy prohibition. § 76.1207 Waivers. § 76.1208 Sunset of regulations. § 76.1209 Theft of service. Page 4of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... § 76.1210 Effect on other rules. Subpart Q-Regulation of Carriage Agreements § 76.1300 Definitions. § 76.1301 Prohibited practices. § 76.1302 Carriage agreement proceedings. §§ 76.1303-76.1305 [Reserved] Subpart R-Telecommunications Act Implementation § 76.1400 Purpose. § 76.1402 CPST rate complaints. § 76.1404 Use of cable facilities by local exchange carriers. Subpart S-Open Video Systems § 76.1500 Definitions. § 76.1501 Qualifications to be an open video system operator. § 76.1502 Certification. § 76.1503 Carriage of video programming providers on