FCC Web Documents citing 76.505
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- such as nonconventional coaxial cable techniques . . . and which, because of their basic design, cannot comply with one or more of the technical standards set forth in . . . this section, may be permitted to operate, provided that an adequate showing is made pursuant to 76.7 which establishes that the public interest is benefited.'' 47 C.F.R. § 76.505(b). BellSouth asserts that its deployment has been rendered nonconventional because it pioneered a unique digital cable design that has proven to be inconsistent with the development of subsequent digital cable standards. Id. at 12-14 (citing Pace Micro Technology PLC Petition for Special Relief and Interim Relief, 19 FCC Rcd 1945 (MB 2004) (granting a permanent waiver upon finding that a
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- from acquiring a cable company within the LEC's telephone service area, and prohibits a cable company or its affiliate from acquiring a LEC within the cable company's franchise area. Need: This rules implements Section 302(a) of the Telecommunications Act of 1996, which created a new Section 652 of the Communications Act. Legal Basis: 47 U.S.C. 572. Section Number and Title: 76.505 Prohibition on buy outs. SUBPART N - CABLE RATE REGULATION Brief Description: This rule provides an additional prong to the definition of cable systems subject to effective competition. Need: This rules implements Section 303(b)(3) of the Telecommunications Act of 1996, which was codified at 623(1)(l)(D) of the Communications Act. Legal Basis: 47 U.S.C. 543. Section Number and Title: 76.905 Standards
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- In addition, section 652 prohibits cable operators and LECs from entering ``into any joint venture or partnership to provide video programming directly to subscribers or to provide telecommunications services'' in the overlap area of the providers' cable franchise area and telephone service area, respectively. 47 U.S.C. § 572(c). Section 652 is implemented in the Commission's rules at 47 C.F.R. § 76.505. 47 U.S.C. § 572(d)(6)(A)(iii) & (B). 47 U.S.C. § 572(d)(6)(A)(iii). Application at 13. Id. Id. at 14. Id. Id. Id. Applicants state that Quadrangle has held ownership interests in NTELOS since 2005 and in Suddenlink since 2006 and that ``there is no evidence that Quadrangle has ever attempted to leverage these interests to gain a competitive edge for either Suddenlink
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- In addition, section 652 prohibits cable operators and LECs from entering ``into any joint venture or partnership to provide video programming directly to subscribers or to provide telecommunications services'' in the overlap area of the providers' cable franchise area and telephone service area, respectively. 47 U.S.C. § 572(c). Section 652 is implemented in the Commission's rules at 47 C.F.R. § 76.505. 47 U.S.C. §§ 572(d)(6)(A)(iii), (d)(6)(B). The Applicants do not claim to satisfy the other waiver criteria set forth in section 652(d)(6)(A). See 47 U.S.C. § 572(d)(6)(A)(i) & (ii). See CIMCO Communications, Inc. and Comcast Phone, LLC, Comcast Phone of Michigan, LLC, and Comcast Business Communications, LLC, for the Acquisition of Certain Customers and Assets of an Authorized Domestic and International
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- procedures announced in our September Public Notice, we find that the LFAs have all approved of the requested waiver. We therefore grant the Applicants' request for waiver of section 652(b) of the Act. Pursuant to sections 4(i) and (j), 214, and 652 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), 214, and 572, and section 76.505 of the Commission's rules, 47 C.F.R. § 76.505, the International Bureau and the Wireline Competition Bureau, under delegated authority, hereby approve the waiver request and applications listed herein. The Bureaus find, upon consideration of the record, that grant of the applications will serve the public interest, convenience, and necessity. We find that the transaction poses no significant competitive harms and
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- Exchange Carriers and Cable Operators, WC Docket No. 11-118 (filed June 21, 2011) (NCTA Petition for Declaratory Ruling); Conditional Petition for Forbearance from Section 652 of the Communications Act for Transactions Between Competitive Local Exchange Carriers and Cable Operators, WC Docket No. 11-118 (filed June 21, 2011) (NCTA Petition for Forbearance). 47 U.S.C. § 572; see also 47 C.F.R. § 76.505. Section 652 places cross-ownership restrictions on certain transactions. See 47 U.S.C. § 572. See, e.g., NCTA Petition for Declaratory Ruling at 5. See NCTA Petition for Forbearance at 5-6. NCTA argues that the Commission has authority under section 10 to address these petitions because ``cable operators are seeking relief on behalf of their CLEC divisions or affiliates'' and ``because most
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- In addition, section 652 prohibits cable operators and LECs from entering ``into any joint venture or partnership to provide video programming directly to subscribers or to provide telecommunications services'' in the overlap area of the providers' cable franchise area and telephone service area, respectively. 47 U.S.C. § 572(c). Section 652 is implemented in the Commission's rules at 47 C.F.R. § 76.505. 47 U.S.C. § 572(d)(6)(A)(iii) & (B). 47 U.S.C. § 572(d)(6)(A)(iii). Application at 13-15. Id. at 10-13; 18-20. Id. at 15-17. On June 21, 2011, the National Cable and Telecommunications Association filed a petition for declaratory ruling and a conditional petition for forbearance to limit or prevent the application of section 652 to mergers and acquisitions between cable operators and competitive
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- 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, 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: 76.505 (f) and (g) Prohibition on buy outs. SUBPART N-CABLE RATE REGULATION Brief Description: These rules set forth definitions to be used throughout Subpart N. Need: Subsection (F) defines a small cable operator. 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,
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- arise from eliminating Insight as a competitor in the limited area in which both companies compete. Accordingly, we find that the transaction serves the public interest, convenience, and necessity. Ordering Clauses ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i) and (j), and 652 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), and 572, and section 76.505 of the Commission's rules, 47 C.F.R. § 76.505, that the Petition for Waiver filed by Insight and TWC IS GRANTED. IT IS FURTHER ORDERED that, pursuant to sections 4(i)-(j), 214, 309, and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i)-(j), 214, 309, 310(d), the Applications to transfer control of domestic and international section 214 authorizations,
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- In addition, section 652 prohibits cable operators and LECs from entering "into any joint venture or partnership to provide video programming directly to subscribers or to provide telecommunications services" in the overlap area of the providers' cable franchise area and telephone service area, respectively. 47 U.S.C. § 572(c). Section 652 is implemented in the Commission's rules at 47 C.F.R. § 76.505. 502 Federal Communications Commission DA 12-113 this transaction because Insight provides local exchange services in TWC's cable franchise area.41 Section 652(d)(6) authorizes the Commission to waive section 652(b) if, in relevant part: (1) "the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs
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- FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline Competition Bureau 47 U.S.C. § 160(c). Conditional Petition for Forbearance from Section 652 of the Communications Act for Transactions Between Competitive Local Exchange Carriers and Cable Operators, WC Docket No. 11-118 (filed June 21, 2011) (NCTA Petition for Forbearance). 47 U.S.C. § 160(a). 47 U.S.C. § 572; see also 47 C.F.R. § 76.505. 47 U.S.C. § 572(d). NCTA Petition for Forbearance at 2. On June 21, 2011, NCTA also filed a related petition for declaratory ruling asking the Commission to clarify that section 652 does not restrict transactions between cable operators and competitive LECs. See Petition for Declaratory Ruling to Clarify 47 U.S.C. § 572 in the Context of Transactions Between Competitive Local
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- exchange services or facilities for the purpose of origination or termination of telephone toll services." 47 U.S.C. § 153(16). Application at 36. Section 652(b) of the Communications Act prohibits cable operators from acquiring a financial interest greater than 10% or any management interest in a LEC serving the cable operator's franchise area. 47 U.S.C. § 572(b); see 47 C.F.R. § 76.505(b). MediaOne previously held a 14.7% equity interest and an 18.3% voting interest in TWT. Letter from Howard J. Symons, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., to Magalie Roman Salas, Secretary, FCC, dated Mar. 24, 2000, Transmittal of Letter from Susan M. Eid, Vice President, Federal Relations, MediaOne, to To-Quyen Truong, Associate Chief, FCC Cable Services Bureau, dated Mar.
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- 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 at 12993 ¶ 5; 1999 Cable Attribution Order, 14 FCC Rcd at 19054 ¶
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- of their franchise areas they actually serve if they use the BRS station as an MVPD. The Applicants state that neither Time Warner nor Comcast expects to own any attributable interest in any broadcast television or radio station or in any BRS station that post-transaction would implicate the broadcast ownership restrictions or the cable/BRS cross-ownership rule. Prohibition on Buy-Outs. Section 76.505(a) of the Commission's rules prohibits local exchange carriers (``LECs'') or their affiliates from acquiring more than a 10% financial interest, or any management interest, in a cable operator that provides cable service within the LEC's telephone service area. Section 76.505(e) defines a LEC's ``telephone service area'' as an area in which the LEC provided telephone exchange service as of January
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- applies attribution rules in other services not pertinent here, such as, for example, in the wireless context. See 47 C.F.R. § 1.919(2)(C)(ii). The general cable attribution standard applies to the horizontal ownership limits, 47 C.F.R. § 76.503; the channel occupancy limits, 47 C.F.R. § 76.504; the cable/SMATV cross-ownership limits, 47 C.F.R. § 76.501(d); the cable-telco buyout prohibition, 47 C.F.R. § 76.505; and the effective competition test, 47 C.F.R. § 76.905. The Commission adopted the more restrictive program access attribution standard for its rules imposing specific behavioral restraints on cable operators and programmers, such as its rules regarding program access and program carriage, ``both of which were designed, in part, to prevent cable operators from using their market power to engage in
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- In addition, section 652 prohibits cable operators and LECs from entering ``into any joint venture or partnership to provide video programming directly to subscribers or to provide telecommunications services'' in the overlap area of the providers' cable franchise area and telephone service area, respectively. 47 U.S.C. § 572(c). Section 652 is implemented in the Commission's rules at 47 C.F.R. § 76.505. 47 U.S.C. § 572(d)(6)(A)(iii) & (B). The Applicants do not claim to satisfy the other waiver criteria set forth in section 652(d)(6)(A). See 47 U.S.C. § 572(d)(6)(A)(i) & (ii). 47 U.S.C. § 572(d)(6)(A)(iii). Application at 12. Id. 47 U.S.C. § 572(d)(6)(B). See Application at 21 Id. (stating that ``[n]either section 652 nor the legislative history defines the process for obtaining
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- 652 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), 214, and 572, that the Petition for Reconsideration filed by the City of Detroit, Michigan IS DENIED. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), and 652 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), (j), and 572, and section 76.505 of the Commission's rules, 47 C.F.R. § 76.505, that the Petition for Waiver filed by CIMCO and Comcast Entities IS GRANTED, except as to assets located within the City of Detroit, Michigan local cable franchise area. IT IS FURTHER ORDERED, pursuant to sections 4(i) and (j), 214, and 652 of the Communications Act of 1934, as amended, 47 U.S.C. §§
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- 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 cable operator and affiliate, 47 C.F.R. § 76.924(i); and rate pass-throughs for programming
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- concerns of the rules without the addition of an additional prong. We also believe that the ED attribution rule should be applied to the program access type attribution standard, for the reasons set forth in Section H below. Finally, with regard to the same-market media entity cross-ownership prohibition rules at issue in this proceeding (47 C.F.R. §§ 76.501(d) (cable/SMATV cross-ownership), 76.505 (cable-telco buy-out prohibitions), and 76.905(b)(2) (effective competition), we will apply the broadcast EDP attribution test applied to the broadcast/cable cross-ownership prohibition rule for the reasons set forth in the Broadcast Attribution Report and Order because they serve the same purpose, promoting competition and diversity within a local media market. We decline at this time to examine contract language on a
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- exchange services or facilities for the purpose of origination or termination of telephone toll services." 47 U.S.C. § 153(16). Application at 36. Section 652(b) of the Communications Act prohibits cable operators from acquiring a financial interest greater than 10% or any management interest in a LEC serving the cable operator's franchise area. 47 U.S.C. § 572(b); see 47 C.F.R. § 76.505(b). MediaOne previously held a 14.7% equity interest and an 18.3% voting interest in TWT. Letter from Howard J. Symons, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., to Magalie Roman Salas, Secretary, FCC, dated Mar. 24, 2000, Transmittal of Letter from Susan M. Eid, Vice President, Federal Relations, MediaOne, to To-Quyen Truong, Associate Chief, FCC Cable Services Bureau, dated Mar.
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- 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 cable operator and affiliate, 47 C.F.R. § 76.924(i); and rate pass-throughs for programming
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- concerns of the rules without the addition of an additional prong. We also believe that the ED attribution rule should be applied to the program access type attribution standard, for the reasons set forth in Section H below. Finally, with regard to the same-market media entity cross-ownership prohibition rules at issue in this proceeding (47 C.F.R. §§ 76.501(d) (cable/SMATV cross-ownership), 76.505 (cable-telco buy-out prohibitions), and 76.905(b)(2) (effective competition), we will apply the broadcast EDP attribution test applied to the broadcast/cable cross-ownership prohibition rule for the reasons set forth in the Broadcast Attribution Report and Order because they serve the same purpose, promoting competition and diversity within a local media market. We decline at this time to examine contract language on a
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- exchange services or facilities for the purpose of origination or termination of telephone toll services." 47 U.S.C. § 153(16). Application at 36. Section 652(b) of the Communications Act prohibits cable operators from acquiring a financial interest greater than 10% or any management interest in a LEC serving the cable operator's franchise area. 47 U.S.C. § 572(b); see 47 C.F.R. § 76.505(b). MediaOne previously held a 14.7% equity interest and an 18.3% voting interest in TWT. Letter from Howard J. Symons, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., to Magalie Roman Salas, Secretary, FCC, dated Mar. 24, 2000, Transmittal of Letter from Susan M. Eid, Vice President, Federal Relations, MediaOne, to To-Quyen Truong, Associate Chief, FCC Cable Services Bureau, dated Mar.
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- 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 multichannel video programming distributor (MVPD). [72]76.614 Cable television
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- 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. § 76.611 Cable television basic signal leakage performance criteria. §
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- the franchised cable service in that area). See 47 U.S.C. § 533(a); 47 C.F.R. § 76.501(d). Finally, although Comcast owns a small number of SMATV systems in territories served by TWE cable systems, as discussed in section V.F, the Applicants intend to have no attributable interest in TWE at and after the closing of their merger. 98 See id. § 76.505(b) (LEC-cable buyout prohibition); see also 47 U.S.C. § 572(b) (statutory prohibition). 99 The Commission has rejected complaints filed by EchoStar Communications Corp. ("EchoStar") and DirecTV, Inc. ("DirecTV") that alleged Comcast violated the program access rules by refusing to sell terrestrially delivered regional sports programming to DBS competitors. DirecTV, Inc. v. Comcast Corp and EchoStar Communications Corp. v. Comcast Corp., 15