FCC Web Documents citing 76.1601

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

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  • available, commercial publications which delineate television markets based on viewing patterns. See 47 U.S.C. � 534(h)(1)(c). Section 76.55(e) requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 47 C.F.R. � 76.55(e). 47 U.S.C. �534(h)(1)(C). See USA Station Group Partnership of Hollywood, Florida, 14 FCC Rcd 7211 (1999). Petition at 2; see 47 C.F.R. � 76.1601 (Deletion or repositioning of broadcast signals). Id. See 47 U.S.C. � 534(b)(5), 47 C.F.R. � 76.51 et seq. 47 C.F.R. � 0.283. (...continued from previous page) (continued...) Federal Communications Commission DA 03-3162 Federal Communications Commission DA 03-3162 ~  � � @& � � � � � � � � � � 4 Q ] � � � ' �
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  • Group, Inc. (``Sinclair'') violated its duty to negotiate retransmission consent in good faith for two Charleston, West Virginia television broadcast stations, WCHS-TV (ABC) and WVAH-TV (Fox) (the ``Stations''). In addition, Suddenlink alleges that Sinclair has demanded that Suddenlink terminate retransmission of the Stations during a ``sweeps'' period in violation of Section 614(b)(9) of the Communications Act, Note 1 to Section 76.1601 of the Commission's rules, and a ruling of the former Cable Services Bureau in Time Warner Cable. By this Public Notice, we designate Suddenlink's Complaint as CSR 7038-C. On July 6, 2006, Sinclair filed an Emergency Petition for Declaratory Ruling and for Immediate Injunctive Relief (``Declaratory Ruling'') with the Commission arguing that Suddenlink has no authority to carry the signals
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  • Adopted: May 8, 2006 Released: May 9, 2006 By the Deputy Chief, Media Bureau: Introduction 1. Mountain Broadcasting Corporation, licensee of television broadcast station WMBC-TV, Newton, New Jersey (WMBC) filed an Emergency Petition for Order to Show Cause why DirecTV's termination of carriage of WMBC on its direct broadcast satellite system (DBS) is not a violation of Sections 76.66 and 76.1601 of the Commission's rules.1 We will treat WMBC's petition as a complaint for carriage on DirecTV's satellite system. DirecTV filed an Opposition to WMBC's complaint, and WMBC submitted a Reply to Opposition and Reply Comments. For the reasons discussed below, we deny WMBC's complaint. background 2. Section 338(a)(1) of the Communications Act of 1934,2 adopted as part of the Satellite
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-1264 Released: March 13, 2007 Jorge L. Bauermeister Counsel for Choice Cable T.V. VIG Tower 1225 Ponce de Leon Ave. Suite 1505 Santurce, PR 00907 Re: CSR No. 7059-C Dear Mr. Bauermeister: WLII/WSUR Licensee Partnership, G.P. (``WLII/WSUR'') filed an Emergency Petition Seeking Enforcement Order for Violation of Sections 76.65, 76.1601, and 76.1603 of the Commission's Rules and for Immediate Injunctive Relief (``Petition'') against your client, Choice Cable T.V. (``Choice''). Among other allegations, WLII/WSUR asserts that Choice has failed to negotiate in good faith in the context of retransmission consent negotiations in violation of the Commission's rules. Section 76.65 of the Commission's rules imposes a duty on television broadcast stations and
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  • FRN # 0001-4797-47 and notice of apparent liability FOR FORFEITURE Adopted: May 14, 2008 Released: May 14, 2008 By the Chief, Media Bureau: introduction In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, we find that Northland Cable Television, Inc. (``Northland'') apparently violated Section 614(b)(9) of the Communications Act of 1934, as amended, (the ``Act''), Section 76.1601 of the Commission's rules, Note 1 to Section 76.1601, and Section 76.1603(c), by willfully repositioning KMVU-TV, Medford, Oregon (``KMVU'') to a new channel on its Mt. Shasta, California cable system during the national Nielsen sweeps period of April 26 - May 23, 2007, by willfully failing to provide thirty (30) days' advance notice of this repositioning to KMVU and its
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  • FRN # 0001-4797-47 and notice of apparent liability FOR FORFEITURE Adopted: May 14, 2008 Released: May 14, 2008 By the Chief, Media Bureau: introduction In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, we find that Northland Cable Television, Inc. (``Northland'') apparently violated Section 614(b)(9) of the Communications Act of 1934, as amended, (the ``Act''), Section 76.1601 of the Commission's rules, Note 1 to Section 76.1601, and Section 76.1603(c), by willfully repositioning KMVU-TV, Medford, Oregon (``KMVU'') to a new channel on its Yreka, California cable system during the national Nielsen sweeps period of April 26 - May 23, 2007, by willfully failing to provide thirty (30) days' advance notice of this repositioning to KMVU and its cable
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1212A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1212A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1212A1.txt
  • the West Palm Beach-Ft. Pierce, Florida Designated Market Area (``DMA''). WHDT asks that the Commission order Comcast to reinstate WHDT's carriage and impose a forfeiture on Comcast for violations of the mandatory carriage (``must-carry'') rules, signal deletion notice rules, and customer service provisions found in Section 614 of the Communications Act, as amended (the ``Act''), and Sections 76.7, 76.61(a), 76.56(b), 76.1601, and 76.1603 of the Commission's rules. To clarify certain matters concerning WHDT's operating history, the Commission sent WHDT a Letter of Inquiry (``LOI'') on March 18, 2008. After considering WHDT's response to the LOI, we order Comcast to reinstate carriage of WHDT conditioned upon WHDT's proof of its authorized operations. We decline to impose the requested forfeiture on Comcast. In
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit d Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Media General Communications Holdings, LLC Request for Waiver of Sections 76.1601 and 76.1603 of the Commission's Rules Request for Withdrawal of Emergency Enforcement Complaints ) ) ) ) ) ) ) ) ) CSR-8198-M CSR-8202-M CSR-8201-M MEMORANDUM OPINION AND ORDER Adopted: September 17, 2009 Released: September 18, 2009 By the Chief, Media Bureau: INTRODUCTION On September 11, 2009, Time Warner Cable Inc. (``Time Warner'') filed with the Chief of the Media
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  • Commission, and other entities to ensure compliance with cable operator obligations. 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: 76.1601 Deletion or repositioning of broadcast signals. 76.1602 Customer service-general information. 76.1603 Customer service-rate and service changes. 76.1604 Charges for customer service changes. 76.1605 New product tier. 76.1606 Rate change while complaint pending. 76.1607 Principal headend. 76.1608 System technical integration requiring uniform election of must- carry or retransmission of consent status. 76.1609 Non-duplication and syndicated exclusivity. 76.1610 Change of operational information.
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  • 2005). See, e.g., BellSouth Comments at 8; EchoStar Comments at 10-11; ACA Comments at 11. See also News-Hughes Order, 19 FCC Rcd at 572-76 �� 218-26. Under the current rules, when a retransmission consent agreement expires, a broadcaster may withhold its signal from an MVPD while negotiating a new retransmission consent agreement (except during ratings ``sweeps'' periods). 47 C.F.R. � 76.1601, Note 1. Although this does not occur often, broadcasters have withheld their signals during retransmission consent disputes in a few instances (e.g., Nexstar withheld signals from several cable systems in Missouri and Texas in 2005). BellSouth suggests that the Commission prohibit a television broadcast station from imposing any non-optional linkage of its digital signal to carriage of its analog signal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-259A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-259A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-259A1.txt
  • paid advertisement in a local newspaper is not sufficient written notice, particularly when that advertisement ran for only one day.''), and Implementation of the Cable Television Consumer Protection and Competition Act of 1992, 8 FCC Rcd. 2965 (1993) 55 Fed. Reg. 12154, 12156 (1990). (OMB's list of MSAs) 8 FCC Rcd 2965 (1993), Section 76.58(a) was renumbered as 47 CFR 76.1601. Telecommunications Act of 1996, Pub. L. No. 104-104 �� 301, 302, 110 Stat 56, 114-124 approved Feb. 8, 1996. Section 76.964 (a) was renumbered as 47 CFR � 76.1603(b) of the Commission's rules. See also Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, 14 FCC Rcd. 5296, 5363 (1999). Even if we had concluded that a
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  • 5462 � 38. Implementation of the Cable Television Consumer Protection and Competition Act of 1992; Broadcast Signal Carriage Issues, 9 FCC Rcd 6723 � 115 (1994). See Applicants' Reply at 44; Good Faith Negotiations Order, 15 FCC Rcd at 5448 � 8. See Applicants' Reply at 44-45. JCC Comments at 19 and n.34 (citing 47 U.S.C. 534(b)(9); 47 C.F.R. � 76.1601, Note 1 (2002) (prohibiting deletion or repositioning of a local commercial television station during the four national four-week ratings periods or audience ``sweeps''); In the Matter of Time Warner Cable; Emergency Petition of ABC, Inc. for Declaratory Ruling and Enforcement Order for Violation of Section 76.58 of the Commission's Rules, or in the Alternative for Immediate Injunctive Relief, 15 FCC
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  • Section 325(b)(3)(C)(4) of the Act, which provides that ``if an originating television station elects... to exercise its right to grant retransmission consent under this subsection with respect to a cable system, the provisions of section 614 shall not apply to carriage of the signal of such station by the cable system.'' See Reply of NCTA at 14. 47 C.F.R. �� 76.1601, 76.1603, and 76.1622. Second Further Notice at para. 12. See, e.g., Comments of NCTA at 6 and Comments of Time Warner at 6. Comments of ACA at 5-6. Id. at 10. See paragraph 7, supra. See, e.g., note 55, supra. See paragraph 37 and note 119, supra. Comments of Block at 4 Id. Comments of ACA at 6-8; See also
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  • receive local broadcast signals via satellite. This additional notice would explain the steps that these subscribers would need to take to continue receiving broadcast signals, in particular the necessary steps if the subscriber relies on a tuner integrated into the DBS carrier's set-top box. These regulations do not supersede existing notice requirements that govern cable, such as 47 C.F.R. �� 76.1601, 76.1603, and 76.1622. Letter at 3. Comments of New York State Consumer Protection Board at 2. Comments of Benton at 16-17; see also Comments of CAC at 22; Comments of Coalition of Organizations for Accessible Technology (COAT) at 10. Comments of NCTA at 2. See also, Comments of Verizon at 7; Reply of NTCA at 6. Id. at 6. Specifically,
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  • on both broadcasters and MVPDs. Our current notice requirements apply to cable operators only and are not violated by a failure to provide notice unless service is actually disrupted. Specifically, Section 614(b)(9) of the Act requires a cable operator to notify a local commercial television station in writing at least 30 days before either deleting or repositioning that station. Section 76.1601 of the Commission's rules further specifies that a cable operator must ``provide written notice to any broadcast television station at least 30 days prior to either deleting from carriage or repositioning that station. Such notification shall also be provided to subscribers of the cable system.'' Accordingly, under the current rule, if a cable operator fails to give notice 30 days
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  • Third, we reiterate that cable operators must have an adequate supply of affordable boxes to offer their customers in order to satisfy the statutory viewability requirement. To the extent that DTAs or low cost set-top boxes are not otherwise available to a particular hybrid cable operator, that operator could not terminate analog carriage of the must-carry stations. See 47 C.F.R. �76.1601 (requiring cable operators to ``provide written notice to any broadcast television station at least 30 days prior to either deleting from carriage or repositioning that station. Such notification shall also be provided to subscribers of the cable system.''); 47 C.F.R. �76.1603(b) (requiring cable operators (i) to notify customers of any changes in rates, programming services or channel positions ``as soon
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080515.html
  • the Motion for Extension of Time. Action by: Senior Deputy Chief, Policy Division, Media Bureau. Adopted: 05/14/2008 by ORDER. (DA No. 08-1151). MB [40]DA-08-1151A1.doc [41]DA-08-1151A1.pdf [42]DA-08-1151A1.txt NORTHLAND CABLE TELEVISION, INC. Notified Northland Cable Television, Inc. of its Apparent Liability for Forfeiture in the amount of $20,000 for violation of Section 614(b)(9) of the Communications Act of 1934, as amended, Section 76.1601 of the Commission's rules. by MO&O. Action by: Chief, Media Bureau. Adopted: 05/14/2008 by NALF. (DA No. 08-1149). MB [43]DA-08-1149A1.doc [44]DA-08-1149A1.pdf [45]DA-08-1149A1.txt NORTHLAND CABLE TELEVISION, INC. Notified Northland Cable Television, Inc. of its Apparent Liability for Forfeiture in the amount of $20,000 for violation of Section 614(b)(9) of the Communications Act of 1934, as amended, Section 76.1601 of the Commission's
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090918.html
  • STRUCTURE REGISTRATION SERVICE INFORMATION ENVIRONMENTAL ACTION. WTB [43]DOC-293549A1.pdf [44]DOC-293549A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- CARBON COUNTY. Issued a $250 forfeiture to Translator Station K285AB(FX) Price, Utah. Action by: Chief, Audio Division, Media Bureau. Adopted: 09/17/2009 by Forfeiture Order. (DA No. 09-2078). MB [45]DA-09-2078A1.doc [46]DA-09-2078A1.pdf [47]DA-09-2078A1.txt MEDIA GENERAL COMMUNICATIONS HOLDINGS, LLC. Granted Time Warner Cable Inc.'s request for waiver of Sections 76.1601 and 76.1603 of the Commission's rules. Granted Media General's requests for withdrawal of Emergency Enforcement Complaints. (Dkt No. 09-138 ). Action by: Chief, Media Bureau. Adopted: 09/17/2009 by MO&O. (DA No. 09-1735). MB [48]DA-09-1735A1.doc [49]DA-09-1735A1.pdf [50]DA-09-1735A1.txt KALISPELL CHRISTIAN RADIO FELLOWSHIP, INC. Issued a $7,500 forfeiture to Station KALS(FM), Kalispell, Montana, and FM Translator Station K257BR, Polson, Montana. Action by: Chief,
• http://www.fcc.gov/mb/engineering/76print.html
  • carriage on open video systems. [173]76.1505 Public, educational and governmental access. [174]76.1506 Carriage of television broadcast signals. [175]76.1507 Competitive access to satellite cable programming. [176]76.1508 Network non-duplication. [177]76.1509 Syndicated program exclusivity. [178]76.1510 Application of certain Title VI provisions. [179]76.1511 Fees. [180]76.1512 Programming information. [181]76.1513 Open video dispute resolution. [182]76.1514 Bundling of video and local exchange services. Subpart T -- Notices [183]76.1601 Deletion or repositioning of broadcast signals. [184]76.1602 Customer service -- general information. [185]76.1603 Customer service -- rate and service changes. [186]76.1604 Charges for customer service changes. [187]76.1605 New product tier. [188]76.1606 Rate change while complaint pending. [189]76.1607 Principal headend. [190]76.1608 System technical integration requiring uniform election of must-carry or retransmission consent status. [191]76.1609 Non-duplication and syndicated exclusivity. [192]76.1610 Change of
• http://www.fcc.gov/mb/engineering/part76.pdf
  • and governmental access. � 76.1506 Carriage of television broadcast signals. � 76.1507 Competitive access to satellite cable programming. � 76.1508 Network non-duplication. � 76.1509 Syndicated program exclusivity. � 76.1510 Application of certain Title VI provisions. � 76.1511 Fees. � 76.1512 Programming information. � 76.1513 Open video dispute resolution. � 76.1514 Bundling of video and local exchange services. Subpart T-Notices � 76.1601 Deletion or repositioning of broadcast signals. � 76.1602 Customer service-general information. � 76.1603 Customer service-rate and service changes. � 76.1604 Charges for customer service changes. � 76.1605 New product tier. � 76.1606 Rate change while complaint pending. � 76.1607 Principal headend. � 76.1608 System technical integration requiring uniform election of must-carry or retransmission consent status. � 76.1609 Non-duplication and syndicated