FCC Web Documents citing 76.56

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1325A1.doc
  • providing daily news coverage from a full-time news staff devoted to the communities and the region at issue. In addition, WGME-TV maintains that the Bureau's decision improperly speculated on the effect of a grant on WBZ-TV, the Boston CBS affiliate, due to the application of the dual network rule. WGME-TV contends that this assumption is without support because while Section 76.56(b)(5) authorizes a cable operator to choose the closer of two network affiliates, it does not require it. WGME-TV states that the undisputed record in this case is that MediaOne has provided simultaneous carriage of both WGME-TV and WBZ-TV in the subject communities for at least ten years. Therefore, WGME-TV asserts, there is every indication that a grant of its request
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  • carry WOCB-LP on its cable systems serving the communities of Upper Sandusky, Bucyrus, Galion, Crestline, Mt. Gilead, and Forest, Ohio. Time Warner filed an opposition to this complaint to which WOCB-LP has replied. Background Section 614(a) of the Communications Act of 1934, as amended, requires the carriage of ``qualified'' low power television (``LPTV'') stations in certain limited circumstances. Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set aside shall carry at least one qualified LPTV station. Thus, if a cable system is carrying its full complement of commercial full power stations, it need not carry an LPTV station. An LPTV station that conforms
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  • be jeopardized when it granted WCJB's request. WTXL-TV states that in light of WCJB's disclaimer and the Bureau's conclusion that Diversified would not apparently endanger its carriage rights, there was no basis for reconsideration. Ultimately, however, WTXL-TV states that when it requested must carry status for the January 2000 election period, Time Warner rejected its request by relying on Section 76.56(b)(5) of the Commission's rules, which allowed it to deny carriage to the more distant of two duplicating stations. WTXL-TV points out that although in its decision in Media Venture, the Bureau dismissed the must carry complaint filed against Time Warner, it did suggest that WTXL-TV file a modification petition should a change in circumstances justify Live Oak's exclusion from WCJB's
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  • Warner Entertainment Company, L.P. d/b/a Oceanic Cable IS ORDERED to commence carriage of KALO on its cable system serving Honolulu, Hawaii and surrounding areas sixty (60) days from the date on which KALO provides a good quality signal to Oceanic's principal headend. IT IS FURTHER ORDERED that KALO shall notify Oceanic in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the date it provides a good quality signal. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications
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  • L.P., a subsidiary of Adelphia Communications Corporation, IS ORDERED to commence carriage of WWDP on its cable system serving Amesbury, Massachusetts, and surrounding environs sixty (60) days from the date on which WWDP provides a good quality signal to Adelphia's principal headend. IT IS FURTHER ORDERED that WWDP shall notify Adelphia in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the date it provides a good quality signal. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications
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  • out that provisions in both the Act and the Commission's rules explicitly authorize the Commission to modify a television station's market, upon petition, to include or exclude specific communities. As a result of the Bureau Order, Comcast states that it is under no obligation to carry KRPV and there is no basis for KRPV's contention that Comcast is violating Section 76.56(b)(2) of the rules by failing to carry its signal. In reply, KRPV states that Section 76.59(b)(5) of the rules requires that a modification petition include exhibits establishing historical carriage. KRPV states that, despite its pre-1993 carriage in eight cable systems in the market, Comcast's petition erroneously maintained and the Bureau Order accepted that ``KRPV has no history of carriage in
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  • either the predicted Grade B contour of the NCE station encompasses the principal headend of the cable system or when the city of license of the NCE station is located within 50 miles of said principal headend. discussion In support of its request, KMTP states that it is a fully-qualified NCE station and it alleges that Charter has violated Section 76.56 of the Commission's rules in denying carriage of its signal on the subject cable system. KMTP points out that it is the only African American ``community controlled'' public television station in the country and its mission is to provide multicultural programming in the San Francisco market by and about African Americans, Asian Americans, Native Americans and Hispanic Americans. KMTP states
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  • U.S.C. �534). Blue Ridge Communications, IS ORDERED to commence carriage of WQPX on its cable system serving Stroudsburg, Pennsylvania and surrounding environs sixty (60) days from the date on which WQPX provides a good quality signal to Blue Ridge's principal headend. IT IS FURTHER ORDERED that WQPX shall notify Blue Ridge in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the date it provides a good quality signal. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau Petition at Exhibit 1. 8 FCC Rcd 2965, 1976-2977 (1993). Section
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  • FURTHER ORDERED that Time Warner shall commence carriage of KRPA on the cable systems serving Gardena and Huntington Beach, California, sixty (60) days from the release date of this Order and that it shall carry the station on its over-the-air channel. IT IS FURTHER ORDERED that KRPA shall notify Time Warner in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) with regard to the Banning, Chatsworth and South Pasadena cable systems within thirty (30) days of the date it provides a good quality signal. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau
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  • days from the date on which KRPA provides a good quality signal to AT&T's principal headends. IT IS FURTHER ORDERED that AT&T shall commence carriage of KRPA on its cable system serving the communities of Newhall and Tujunga, California, sixty (60) days from the release date of this Order and shall notify AT&T of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty days of this Order. IT IS FURTHER ORDERED that KRPA shall notify AT&T in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) with regard to its system serving Corona, Lake Elsinore, Claremont, Bell, Artesia, Costa Mesa and Los Angeles, California, within thirty (30)
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  • of the Communications Act of 1934, as amended (47 U.S.C. �534). Verizon Media Ventures, Inc. IS ORDERED to commence carriage of KRPA on its cable systems serving Cerritos and Thousand Oaks, California, sixty (60) days from the release date of this Order. IT IS FURTHER ORDERED that KRPA shall notify Verizon in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this Order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as
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  • 614(d)(3) of the Communications Act of 1934, as amended (47 U.S.C. �534). Mediacom Communications Corporation IS ORDERED to commence carriage of KRPA on its cable systems serving Ridgecrest and Sun City, California, sixty (60) days from the release date of this Order. IT IS FURTHER ORDERED that KRPA shall notify Mediacom in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this Order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as
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  • ``good quality signal'' in the digital context; and channel positioning for digital signals. The new and amended rule sections contained information collection requirements that required approval from the Office of Management and Budget (``OMB'') before they could become effective. OMB approved the information collection requirements on September 14, 2001 (see OMB No. 3060-0844). Accordingly, the revised provisions of Sections 76.5(b), 76.56(e), 76.57, 76.62, 76.64, 76.922, and 76.1603(c) became effective upon publication of the notice of OMB approval in the Federal Register on September 25, 2001 (66 FR 48981). Media Contact: Michelle Russo 202-418-2358 Cable Services Bureau Contact: Eloise Gore 202-418-7200, TTY 202-418-7172. -- FCC -- PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. washington, D.C. 20554 News Media Information 202
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  • Communications IS GRANTED. IT IS FURTHER ORDERED that Charter SHALL COMMENCE CARRIAGE of the KWOG signal on its two cable systems serving Wenatchee, Holly, Astoria and Naselle, Washington, within sixty (60) days from the date of the release of this Order. IT IS FURTHER ORDERED that KWOG shall notify Charter in writing of its carriage and channel position elections (�� 76.56, 76.57 and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this Order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau African-American notes that the Station's prior call sign was KBEH(TV). Complaint at
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  • CARRIAGE of the KWOG signal on its cable systems serving Brighton Ridge, Boteara, Cascade Pointe, Cypress Cove, 5th & Roy, Highline Court, Sunrise Poite and Paso Fino, Washington, within sixty (60) days from the date of the release of this Order. IT IS FURTHER ORDERED that KWOG shall notify Direct in writing of its carriage and channel position elections (�� 76.56, 76.57 and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this Order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau Complaint at 1. African-American notes that the Station's prior call sign was
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  • Corporation IS DENIED pursuant to Section 614 of the Communications Act of 1934, as amended (47 U.S.C. � 534). This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 47 U.S.C. � 534. 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Complaint at 2 Id. Id. Id. at 3. Id. Id. Id. Opposition at 3. Id. and Exhibit 1. Id. Id. Opposition at 3. Id. at 4. 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues (``Must Carry
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  • Park, Azusa, Duarte, Riverside, Thousand Oaks, Glendale, Long Beach, San Bernardino, Whittier, Corral Canyon, Box Canyon, Yucaipa, Angelus Oaks, and unincorporated Los Angeles County, California, sixty (60) days from the date on which it delivers a good quality signal to Charter's principal headend locations. IT IS FURTHER ORDERED that KXLA shall notify Charter of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty days of the date it delivers a good quality signal. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau The California communities served by Charter to which the complaint refers are
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  • Adelphia's cable systems will not incur copyright liability for the carriage of WWDP(TV); and (3) WWDP(TV) agrees to pay for any improvements and installation of new equipment necessary to ensure that a good quality signal is received at the principal headends of Adelphia's cable systems, if that should prove to be necessary. In addition, WWDP(TV) asserts that, pursuant to Section 76.56(b)(2) of the Commission's rules, Adelphia's cable systems have ample carriage capacity in order to accommodate the carriage of WWDP(TV). In response, Adelphia argues that WWDP(TV) fails to provide an adequate quality signal to its cable systems' principal headends and the station is therefore not eligible for carriage. Adelphia states that Section 614(h)(1)(B)(iii) of the Communications Act specifically excludes from the
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  • Id. at 5. See Exhibit D. According to the City, pursuant to Section 76.57(a) of the Commission's rules, channel 18 is KDTV's proper channel position. Opposition at 4. Id., citing the Commission's Must Carry Order, 8 FCC Rcd 2965, 2986 (1993). Opposition at 4-5. Reply at 1-2. Id. 2-5. 8 FCC Rcd 5083, 5084 (1993). See also 47 C.F.R. � 76.56(b)(7) and � 76.57(e). Must Carry Clarification Order, 8 FCC Rcd at 5084. Id. See 47 C.F.R. � 76.57(e). 47 C.F.R. � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 01-611 Federal Communications Commission DA 01-611 � � � � @& �0� �0� �0� �0� �0� �0� ��� �
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  • 8366 (1999)(``Modification Final Report and Order''). Petition at 1. WWDP indicates that its programming consists of news, entertainment, local public affairs, children's, and program-length presentations of local and national businesses and community organizations. Id. at Exhibit 1. Id. at Exhibit II. Id. at Exhibit IV. Id. at Exhibit V. 47 C.F.R. �76.61(a)(3). 47 C.F.R. �76.55(c)(2). 17 U.S.C. �111(f). 47 C.F.R. �76.56(b)(2). Id. Opposition at 2. Id. Id. 47 C.F.R. �76.61(a)(2). Id. See Shop at Home, Inc. v. Parnossos, L.P. d/b/a Adelphia Cable Communications, 14 FCC Rcd 20591 (1999). See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues (``Clarification Order''), 8 FCC Rcd 4142, 4145 (1993). 8 FCC Rcd at 2990. (...continued from previous
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  • Communications Act of 1934, as amended (47 U.S.C. �534). TCI Cablevision of New Mexico, Inc. IS ORDERED to commence carriage of KRPV on its cable systems serving Farmington and Gallup, New Mexico sixty (60) days from the release date of this Order. IT IS FURTHER ORDERED that KRPV shall notice TCI in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this Order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as
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  • is licensed as a noncommercial television station, it maintained in three previous proceedings that it should be treated as a ``non-qualified'' NCE station because it did not meet the qualification criteria established pursuant to Section 76.55(a) of the Commission's rules. 47 C.F.R. �76.55(a). WYDN stated that it therefore sought carriage in those proceedings as a commercial station pursuant to Section 76.56(a) of the Commission's rules. 47 C.F.R. �76.56(a). After the receipt of additional information, the Bureau accepted WYDN's demonstration that it was a ``non-qualifed'' NCE station. See Frontiersvision Operating Partners, L.P., et al., DA 02-1169 (released May 20, 2002). Although no such statement has been made in WYDN's complaint against RCN herein, we are treating WYDN as a commercial station for
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  • to the communities. Finally, petitioners state that, according to a marketing and research consulting firm, WYDN has no viewership in the communities. WYDN is also not listed in the editions of TV Guide available to Frontiersvision's and Adelphia's subscribers. In opposition, WYDN argues that it should be treated as a local commercial station for must carry purposes, pursuant to Section 76.56(b) of the Commission rules, and therefore it is entitled to carriage on all cable systems within its DMA as long as the requisite signal strength is provided. WYDN has stated that it is a ``non-qualified'' NCE for must carry purposes because it is not eligible to receive a community service grant from the Corporation for Public Broadcasting (``CPB''). WYDN argues
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  • Commission's rules. By letter dated August 8, 2000, Sage notified Brownwood of the substitution of the programming of the UPN (The Paramount Network) in place of the FOX Network programming about October 1, 2000. The letter also stated ``We request `must carry' for KIDT-LP [sic] on your Brownwood system as of October 1, 2000 in accordance with sections 76.55(d) and 76.56(b)(3) of the FCC's rules,'' and asked for the date carriage of the station would commence on Brownwood's cable systems serving the Communities. Brownwood did not respond to Sage's letter, nor did it begin carrying the station. Sage states that it took steps to inform Brownwood of KIDU-LP's must carry entitlement and to obtain a carriage agreement. These included sending Brownwood
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  • Scranton, Pennsylvania against Shen-Heights TV Associates, Inc. IS GRANTED. IT IS FURTHER ORDERED that Shen-Heights SHALL COMMENCE CARRIAGE of the WQPX signal on its cable system serving Shenandoah Heights, Pennsylvania and surrounding environs within sixty (60) days from the date that that WQPX provides a good quality signal to Shen-Heights' cable system headend. IT IS FURTHER ORDERED, pursuant to Sections 76.56 and 76.57 of the Commissions rules (47 C.F.R. �� 76.56 and 76.57), that WQPX shall notify Shen-Heights in writing of its carriage and channel position elections within thirty days of the date it delivers a good quality signal. This action is taken pursuant to authority delegated by Section 0.283 if the Commission's rules (47 C.F.R. � 0.283). FEDERAL COMMUNICATIONS COMMISSION
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  • other political subdivision (of a State) served by the cable system. discussion W43BR states that it requested mandatory carriage on Charter's cable system serving the cable communities in a letter dated December 13, 2001. W43BR notes that Charter denied its mandatory carriage request on February 7, 2002 on the ground that the station failed to meet the requirements of Section 76.56(b)(4)(i), which states that a cable operator shall not carry an LPTV in lieu of a local commercial television station, and Section 76.55(d)(6), which states that an LPTV is qualified only if there is no full power television broadcast station licensed to any community served by the cable system. W43BR disagrees with Charter's interpretation of those two Sections and argues that
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  • exclude an otherwise eligible station is granted, that station loses its must carry rights with respect to the particular cable system requesting the modification. KPTF-TV also claims that Comcast is discriminating ``against the carriage of broadcast station signals in favor of non-broadcast cable program services.'' We reject KPTF-TV's allegation of discrimination against broadcast stations. While it is true that Section 76.56(b)(2) of the Commission's rules requires a cable system to set aside one-third of its channel capacity for the carriage of must carry signals, there is no restriction on a cable operator using channel space not occupied by a must carry channel for alternative programming. Finally, we reject KPTF-TV's request that it be given broadcast priority as a religious station, because
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  • carried by Cox: (1) KTFL has ``apparently'' never been on the air; (2) KCFG has recently started transmitting; and (3) KNAZ-TV is a satellite station of KPNX, a Phoenix station already carried on the system. In response, Cox contends that both KTFL and KCFG began operations in December 2000, and that Cox is able to carry KNAZ-TV, pursuant to Section 76.56(b)(5) of the Commission's rules, but has chosen not to. Cox also argues that because KFPH has been operational since 1991, it cannot contend to be exempt from the first statutory factor as a ``new station.'' We are not persuaded by Cox that the lack of historic carriage should be given significant weight. We agree that the station is, for practical
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  • of Television Station WDYR-LP Dyersburg, Tennessee ) ) ) ) ) ) ) ) ) ) ) CSR-5920-M MEMORANDUM OPINION AND ORDER Adopted: October 24, 2002 Released: October 28, 2002 By the Deputy Chief, Policy Division, Media Bureau: introduction Tri-State Christian TV, Inc., licensee of low power television station (``LPTV'') WDYR-LP (``WDYR''), Dyersburg, Tennessee, filed a complaint pursuant to Sections 76.56(b)(3), 76.61(a) and 76.7 of the Commission's rules, asserting mandatory carriage rights for WDYR on Blytheville TV Cable Company's (``Blytheville'') Blytheville, Arkansas cable system. Blytheville filed an opposition to which WDYR replied. For the reasons discussed below we deny the complaint. background Both the Communications Act of 1934, as amended, and the Commission's rules require the carriage of ``qualified'' LPTV stations
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  • 47 U.S.C. � 614, that the complaint filed by Millenium Communications & Productions in File No. CSR 5937-M IS DENIED. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven Broeckaert Deputy Chief, Policy Division, Media Bureau 47 U.S.C. � 534; 47 C.F.R. ��76.7 & 76.61(a). 47 U.S.C. �534(c)(1); 47 C.F.R. �76.56(b)(3). 47 U.S.C. �534(h)(2); 47 C.F.R. �76.55(d). Implementation of the Cable Television Consumer Protection and Competition Act of 1992; Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2983 n. 211 (1993). Cox Opposition at 2. See also Television & Cable Factbook 2001, Stations Vol. 2, at A-1260 & A-1261. Angelina County is also a political subdivision containing communities served by Cox's
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  • its Vallejo system, unless the parties mutually agree to another channel number. Carriage as of March 29, 1990/ Non-notification of Drops MTP asserts that even if its signal quality measurements are faulty, it is nonetheless entitled to carriage on AT&T's systems because it was carried on all of the systems now controlled by AT&T as of March 29, 1990. Section 76.56(a)(5) of our rules requires cable systems to continue carrying qualified local NCE's on their cable systems that they carried on March 29, 1990. MTP asserts that in the early 1990s, the signal of its station was carried on fourteen systems, now owned by AT&T, but that subsequently MTP was dropped from these systems without notification. AT&T disputes this, arguing that
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  • St. Martin cable system's communities are wholly located within the Lafayette MSA rendering KDCG-LP ineligible for carriage. In view of our action herein, we need not address the other issues raised in the petition. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. � 534, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, that the complaint filed by Acadiana Cable Advertising, Inc. IS DENIED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau We believe that the information contained in this supplement is pertinent to the record and its inclusion will
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  • engineering data. Because of the lack of such data, we cannot conclude that KXLA does not provide a signal of good quality to Rand District's principal headend. If Rand District's denial was based on ineffective reception equipment, however, we agree with KXLA that Rand District cannot evade its must carry responsibilities based on the small size of its system. Section 76.56(b) of the Commission's rules requires that all cable systems, regardless of size, are generally required to carry a certain number of local commercial television stations based on the channel capacity of the system. Cable systems with less than 300 subscribers and 12 channels or less are exempt from these requirements only so long as they do not delete from carriage
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  • station] in that portion of its system outside of the largest 160 MSAs.''13 In view this disposition, we need not address the issue regarding the adequacy of the broadcast signal that RSN provides to Charter's Meyer cable system. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules,14 that the complaint filed by RSN West, LLC, IS GRANTED to the extent indicated herein, and is otherwise DENIED. IT IS FURTHER ORDERED, pursuant to Sections 76.56 and 56.57 of the Commission's rules15 that RSN shall notify Charter in writing of its channel position election within thirty days of the release date of this order. This
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  • within 10 business days of the receipt of the information, whichever is later. 5. One third of the system's maximum capacity will be set aside for RCN-BecoCom and/or its affiliates. In addition, RCN-BecoCom will utilize approximately eleven (11) channels to carry public programs, educational programs, governmental programs and those ``must-carry'' stations entitled to demand carriage pursuant to 47 C.F.R. � 76.56 and �76.1506 of the FCC's rules. The remaining channels will be available for interested VPPs. No VPP will be assigned more than the capacity set aside for RCN-BecoCom and its affiliates. 6. The enrollment period for VPPs seeking carriage on RCN-BecoCom's open video system will commence on the date the Commission releases its Public Notice of this Notice of Intent
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  • we conclude that WKFK-LP meets the statutory requirements in Section 614(h)(2) and is entitled to mandatory carriage on the cable systems in Pascagoula, Moss Point, Gautier, Escatawpa, and the unincorporated areas of Jackson County. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. � 534, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, that the complaint filed by Frances S. Smith d/b/a NCN Cable Advertising IS GRANTED with respect to the communities of Moss Point, Pascagoula, Gautier, Escatawpa and the unincorporated areas of Jackson County, Missippippi. Cable One, Inc. IS ORDERED to commence carriage of WKFK-LP within sixty (60) days of the release date of this order. IT IS
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  • the results of new tests, it may submit the results of the tests to the Commission's Media Bureau within 30 days of the release date of this order. The Media Bureau will then decide the issue on reconsideration. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, 47 C.F.R. �� 76.55(d) and 76.56(b)(3) that the complaint filed by Folse Communications, LLC IS GRANTED as conditioned herein. IT IS FURTHER ORDERED that Allen's TV Cable Service may, within 15 days of the release date of this order, conduct new signal quality tests consistent with this order. If based on these tests, Allen believes that
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  • Queens, Sullivan, Ulster and Westchester Counties in New York. The RCN cable community at issue is New York City. 47 C.F.R. � 76.55(a). 47 C.F.R. 76.55(b). Id. at (b)(3). WFME Complaint against Time Warner at 5. Id. at 6. WFME Complaint against RCN at 2. Time Warner Opposition at 4-5. RCN Opposition at 4 and 8. See 47 C.F.R. � 76.56(a) and (b). 47 U.S.C. � 535(l)(1)(A)(ii). See 47 C.F.R. � 76.61(a)(5)(i) and (ii). Accord, Frontiersvision Operating Partners, L.P., 17 FCC Rcd 9332 (2002). We note that our decision in Frontiersvision was issued several months prior to FSI's initial carriage requests. 47 C.F.R. � 0.283. (...continued from previous page) (continued....) Federal Communications Commission DA 03-2383 Federal Communications Commission DA 03-2383 �@���
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  • and (6) there are no full-power television broadcast stations licensed to any community within Dyer County. In light of the information presented by WDYR, and the lack of opposition, we shall grant WDYR's petition. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. � 534, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, 47 C.F.R. �� 76.55(d), 76.56(b)(3), that the complaint filed by Tri-State Christian TV, Inc. IS GRANTED. Infostructure Cable & Internet IS ORDERED to commence carriage of WDYR-LP within sixty (60) days of the release date of this order. IT IS FURTHER ORDERED that WDYR-LP shall notify Infostructure Cable & Internet in writing of its channel position
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  • Clyde cable systems are located in the same DMA as KXVA. Further, Brownwood has not objected to Star's request for carriage on these two systems. Absent valid objection, KXVA is entitled to carriage on these two cable systems. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Section 76.56 of the Commission's rules,9 that the must carry complaint filed by Star Broadcasting Limited IS GRANTED to the extent indicated herein, and is otherwise DENIED without prejudice. Brownwood Cable Television Service, Inc. IS ORDERED to commence carriage of KXVA on its cable systems serving Rising Star/Cross Plains and Clyde/Baird, Texas within sixty (60) days of the release of this order.
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  • the complaint filed by TV-24 Hometown Television IS DENIED pursuant to Section 614(h) of the Communications Act, as amended, 47 U.S.C. � 534(h). This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau Complaint at 1. 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). See 47 U.S.C. � 534(h)(2)(D); see 47 C.F.R. � 76.55(d)(4). Implementation of the Cable Television Consumer Protection and Competition Act of 1992,Broadcast Signal Issues Clarification Order, 8 FCC Rcd at 4142, 4143 (1993)(``Must Carry Clarification Order''); see Family Stations, Inc. v. Sonic Cable Television
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  • responsible for the inadequate readings, and sketches and diagrams would assist us in evaluating this possibility. We also note that the test results stated the distance to the station was 15 miles. Consequently, we will grant WMTY's complaint.18 ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, 47 C.F.R. ��76.55(d) and 76.56(b)(3), that the complaint filed by WMTY, Inc. IS GRANTED. IT IS FURTHER ORDERED that West Alabama TV Cable Co. Inc. shall commence carriage of W46DF within sixty days after the release date of this order in the absence of new tests that demonstrate that W46DF does not provide an adequate signal.
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  • KBEJ on its cable systems in the San Antonio DMA.7 We grant Corridor's complaint. Unlimited has not objected to Corridor's carriage request. Absent objection, KBEJ is entitled to carriage on Unlimited's cable systems in the San Antonio DMA. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Section 76.56 of the Commission's rules,8 that the must carry complaint filed by Corridor Television, L.L.P., permittee of television broadcast station KBEJ, Fredericksburg, Texas against Cable Unlimited IS GRANTED. Cable Unlimited IS ORDERED to commence carriage of KBEJ's signal on its cable television systems in the San Antonio DMA within sixty (60) days from the date of the release of this order.
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  • Accordingly, IT IS ORDERED, pursuant to Section 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. �534, and Section 76.59 of the Commission's rules, 47 C.F.R. �76.59, that the captioned petition for special relief (CSR-6207-A), filed by Arkansas 49, Inc., IS GRANTED to the extent indicated herein, and is otherwise DENIED. 16. IT IS FURTHER ORDERED, under Sections 76.56 and 76.57 of the Commission's rules, 47 C.F.R. ��76.56 and 76.57, that Arkansas 49, Inc. shall notify Classic Cable, Inc. in writing of its channel position election within thirty days of the release date of this order. 17. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules, 47 C.F.R. �0.283. FEDERAL COMMUNICATIONS COMMISSION Steven
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  • one station, KYTV, has provided random news stories about Mountain Home. This sporadic coverage does not establish that the cable system is providing programming of local interest sufficient to deny carriage of K07XL. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. � 534, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, 47 C.F.R. �� 76.55(d), 76.56(b)(3), that the complaint filed by Dan Reynolds IS GRANTED. TCA Cable Partners d/b/a Cox Communications IS ORDERED to commence carriage of K07XL within sixty (60) days of the release date of this order. IT IS FURTHER ORDERED that K07XL shall notify TCA Cable Partners d/b/a Cox Communications, in writing, of its
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  • operator. KGMC, therefore, has properly requested that it be carried on channel 43, its over-the-air channel, or another mutually agreed upon channel, and Central Valley has not introduced evidence of an overriding necessity for carriage on another channel. IV. ORDERING CLAUSES 6. According, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, and Section 76.56 of the Commission's rules, that the complaint filed by the Gary M. Cocola Family Trust, Gary M. Cocola, Trustee, IS GRANTED to the extent indicated herein, and is otherwise DISMISSED. 7. IT IS FURTHER ORDERED, that Central Valley Cable Television, LLC SHALL COMMENCE CARRIAGE of KGMC on channel 43, or a mutually agreed upon channel, on its cable system serving
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  • it is a ``qualified local commercial television station'' entitled to carriage in the subject communities. WWDP states that its carriage will not cause increased liability for Full Channel and it agrees to pay the cost of any reception equipment (including installation costs) to ensure the delivery of a good quality signal to Full Channel's principal headend. WWDP notes that Section 76.56(b)(2) of the Commission's rules requires that a cable system with more than 12 usable activated channels devote up to one-third of those channels to must carry stations. WWDP points out that Full Channel has 52 usable activated channel but currently carries only 12 of the 17 local full power television stations for which it is obligated. As a result, WWDP
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  • by Senda Broadcasting Network IS DENIED pursuant to Section 614(h) of the Communications Act, as amended, 47 U.S.C. � 534(h). This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. �� 76.7 and 76.61(a). 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Complaint at 1. Id. at Exhibit I (Letter from Ms. Evelyn Aimee De Jesus, attorney for Senda to Mr. Francisco Toste Santana of Adelphia). Id. at Exhibit II (Letter from Mr. Francisco Toste Santana to Ms. Evelyn Aimee De Jesus). Id. at Exhibit III (Letter from Ms. Evelyn Aimee De Jesus to
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  • of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. � 76.55(c)(3). 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. See 47 U.S.C � 534(b)(1)(A); 47 C.F.R. � 76.56(b)(1). A ``cable system'' is defined as a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service to multiple subscribers within a community. See 47 C.F.R. � 76.5(a). Complaint at 1-2. Id. at 3-4. See Must Carry Order, 8 FCC Rcd at 2976-77. Complaint at 2-3.
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  • of the Commission's rules requires that a commercial broadcast station's market be defined by Nielsen Media Research's DMAs. See 47 C.F.R. � 76.55(e). See Must Carry Order, 8 FCC Rcd at 2991. 47 C.F.R. � 76.55(c)(3). 47 U.S.C. � 534(h)(1)(B)(iii); 47 C.F.R. � 76.55(c)(3). Must Carry Order, 8 FCC Rcd at 2991. See 47 U.S.C � 534(b)(1)(A); 47 C.F.R. � 76.56(b)(1). A ``cable system'' is defined as a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service to multiple subscribers within a community. See 47 C.F.R. � 76.5(a). Complaint at 1-2. Id. at 3-4. See Must Carry Order, 8 FCC Rcd at 2976-77. Complaint at 2-3.
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  • prior to the designation of Jackson, Tennessee as its principal headend as required by Section 76.1607 of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 C.F.R. �� 76.7 and 76.61(a). 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Complaint at 1. Id. at Exhibit 1 (Letter from Mr. Michael J. Daly of Tri-State Christian TV, Inc. to Mr. Curtis Persons of Charter). Id. (Letter from Mr. David Oldani to Mr. Michael J. Daly). Id. Id. (Letter from Mr. Michael J. Daly to Mr. David Oldani). Id. (Letters from Mr. Michael
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  • of the Commission's rules, 47 C.F.R. �76.57. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules, 47 C.F.R. �0.283. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau WMTY, Inc. v. West Alabama TV Cable Co., Inc., 18 FCC Rcd 16550 (2003) (``Bureau Order''). 247 U.S.C. �534(c)(1) and (h)(2). 347 C.F.R. �76.55(d) and 76.56(b)(3). 4WMTY, 18 FCC Rcd at 16552. 5Petition for Reconsideration at 2-3, and Exhibits A, B and C. 6Opposition to Petition for Reconsideration at 1-5, and Exhibit I. 7Reply to Opposition at 2-5. 8Motion to Strike Late-Filed Reply at 1-2. 9Opposition to Motion to Strike Late-Filed Comments at 2-4, and nn.6 and 10. 10The Commission has indicated that it expects full
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  • By the Deputy Chief, Policy Division, Media Bureau: Introduction Minority Television Project, Inc., licensee of noncommercial television station KMTP (Ch. 32), San Francisco, California (``KMTP''), filed the above-captioned complaint against Comcast Cable Communications, Inc. (``Comcast''), operator of a cable system serving the community of Santa Cruz, California, for unlawfully removing KMTP from carriage on its system, in violation of Section 76.56 of the Commission's rules. An opposition to this complaint has been filed by Comcast to which KMTP has replied. For the reasons discussed below, we deny KMTP's complaint. background Pursuant to Section 615 of the Communications Act and implementing rules adopted by the Commission in Implementation of the Cable Television Consumer Protection and Competition Act of 1992, (``Must Carry Order''),
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  • and a channel reservation deposit by the end of the enrollment period. 5. One third of the system's maximum capacity will be set aside for PrairieWave and/or its affiliates. In addition, PrairieWave will utilize approximately three channels to carry public programs, educational programs, governmental programs, in addition to approximately five ``must-carry'' stations entitled to demand carriage pursuant to 47 C.F.R. �76.56 and �76.1506 of the FCC's rules. The remaining channels will be available for interested VPPs. No VPP will be assigned more than the capacity set aside for PrairieWave and its affiliates. 6. The enrollment period for VPPs seeking carriage on PrairieWave's open video system will commence on January 19, 2004, and will conclude April 19, 2004. In order to allow
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  • ``designated market area,'' or DMA, as defined by Nielsen Media Research. In support of its complaint, KLBY states that, by letter dated September 8, 2003, it requested carriage on Cable TV's system, pursuant to Section 76.61(a)(2) of the Commission's rules. KLBY states that Cable TV denied carriage, alleging that it was not required to carry KLBY because, pursuant to Section 76.56(b)(5) of the Commission's rules, another station affiliated with the ABC network is located closer to the cable system's principal headend than KLBY. KLBY argues that Cable TV's argument is an erroneous application of Section 76.56(b)(5) and its denial of carriage is contrary to law. KLBY states that it is a qualified local commercial television station licensed to Colby, Kansas, which
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  • a channel reservation deposit by the end of the enrollment period. 5. One third of the system's maximum capacity will be set aside for Lakedale and/or its affiliates. In addition, Lakedale will utilize approximately three channels to carry public programs, educational programs, and governmental programs, in addition to approximately nineteen ``must-carry'' stations entitled to demand carriage pursuant to 47 C.F.R. �76.56 and � 76.1506 of the FCC's rules. The remaining channels will be available for interested VPPs. No VPP will be assigned more than the capacity set aside for Lakedale and its affiliates. 6. The enrollment period for VPPs seeking carriage on Lakedale's open video system will commence on May 3, 2005, and will conclude August 3, 2005 or 90 days
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  • VIDEO AND CABLE TELEVISION SERVICE SUBPART D -- CARRIAGE OF TELEVISION BROADCAST SIGNALS Brief Description: These rules provide for the carriage of television broadcast signals on cable television systems. Need: These rules implement sections 4 and 5 of the Cable Television Consumer Protection and Competition Act of 1992. . Section Number and Title: 76.55 Definitions applicable to the must-carry rules. 76.56 Signal carriage obligations. 76.57 Channel positioning. 76.59 Modification of television markets. 76.61 Disputes concerning carriage. 76.62 Manner of carriage. 76.64 Retransmission consent. SUBPART H -- GENERAL OPERATING REQUIREMENTS Brief Description: These rules prescribe customer service standards for cable operators. Need: These rules implement section 8 of the Cable Television Consumer Protection and Competition Act of 1992. . Section Number and
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  • 614(h) of the Communications Act of 1934, as amended, 47 U.S.C. �534, and Section 76.59 of the Commission's rules, 47 C.F.R. �76.59, that the captioned petition for special relief (CSR-6681-A), filed by Time Warner Entertainment Co., L.P. dba Time Warner Cable, IS GRANTED. KAIT shall notify the relevant cable systems in writing of its carriage and channel position elections, �� 76.56, 76.57, and 76.64(f) of the Commission's rules. These actions are taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau West Memphis (AR0076), Marion (AR0265), Sunset (AR0266), Earle (AR0262), Crittenden County (AR0267), and Parkin (AR0263). 8 FCC Rcd 2965, 2976-77 (1993). Section 614(h)(1)(C) of the Communications
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  • authority delegated under Section 0.283 of the Commission's rules, 47 C.F.R. �0.283. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Media Bureau 47 C.F.R. ��76.51-76.64. Tri-State Christian TV, Inc. v. Blytheville TV Cable Company, 17 FCC Rcd 21413 (2002) (``Initial Order''). 47 U.S.C. �534. See supra n. 1. 47 C.F.R. �76.64(f). 647 U.S.C. �534(c)(1) and (h)(2); 47 C.F.R. �76.55(d) and 76.56(b)(3). See also Initial Order, 17 FCC Rcd at 21413. 7Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2991 (1993) (``Must Carry Order''). 8See, e.g., Franklin Media, Inc. v. Comcast Cable Communications, Inc., 19 FCC Rcd 24086, 24087 (2004). 917 FCC Rcd at 21415. 10Petition for Reconsideration at 1-2.
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  • a channel reservation deposit by the end of the enrollment period. 5. One third of the system's maximum capacity will be set aside for EasyTEL and/or its affiliates. In addition, EasyTEL will utilize approximately six channels to carry public programs, educational programs, and governmental programs, in addition to approximately twelve ``must-carry'' stations entitled to demand carriage pursuant to 47 C.F.R. �76.56 and � 76.1506 of the FCC's rules. The remaining channels will be available for interested VPPs. No VPP will be assigned more than the capacity set aside for EasyTEL and its affiliates. 6. The enrollment period for VPPs seeking carriage on EasyTEL's Open Video System will commence on January 25, 2005, and will conclude April 25, 2005 or 90 days
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  • Initially, one-third (1/3) of total channel capacity shall be reserved to OTI and/or its affiliates. OTI anticipates that approximately 3 channels will be used for public, educational and/or governmental (``PEG'') programming pursuant to Section 76.1506 of the Commission's Rules, and that 11 channels will be required to serve approximately 11 ``Must-Carry'' stations entitled to demand carriage pursuant to 47 C.F.R. �76.56 and � 76.1506 of the Commission's rules. The total number of channels reserved for OTI and/or its affiliates, PEG programming and Must-Carry stations shall be the ``Reserved Capacity.'' The number of channels available on OTI's OVS beyond the Reserved Capacity (the ``Remaining Capacity'') will be made available to interested, qualified VPPs, provided, however, that no VPP will be entitled to
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  • a channel reservation deposit by the end of the enrollment period. 5. One third of the system's maximum capacity will be set aside for Lakedale and/or its affiliates. In addition, Lakedale will utilize approximately three channels to carry public programs, educational programs, and governmental programs, in addition to approximately nineteen ``must-carry'' stations entitled to demand carriage pursuant to 47 C.F.R. �76.56 and � 76.1506 of the FCC's rules. The remaining channels will be available for interested VPPs. No VPP will be assigned more than the capacity set aside for Lakedale and its affiliates. 6. The enrollment period for VPPs seeking carriage on Lakedale's open video system will commence on December 2, 2005, and will conclude March 2, 2006 or 90 days
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  • of the KHMP signal on its cable system serving Pahrump, Nevada within sixty (60) days after KHMP delivers a good quality signal to CMA's principal headend. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Complaint at 2. Id. Id. Id. Id. at 3. Id. at 3-4. Id. at 5. Id. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992 - Broadcast Signal Carriage Issues, 8 FCC 2965, 2981 (1993). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). 47 C.F.R. � 0.283. (...continued
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  • Vancleave and Ocean Springs cable system sixty (60) days from the date on which WKFK-LP delivers a good quality signal to the cable system's principal headend. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Complaint at Exhibit A. Id. at Exhibit B. Id. at 2, citing 18 FCC Rcd 9970 (2003) (``NCN Decision''). Id. at 2 n.4. Id. at 3-4. Id. at 4. Id. at 4-6. See Must Carry Order, 8 FCC Rcd at 2990. 47 C.F.R. � 0.283. (...continued from previous page) (continued....) Federal Communications
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  • 8-10, and Exhibits B, G, and H. 17Id. at 11, and Exhibit K. 18Id. at 13-14. 19Id. at 2-3, and Exhibit A. 20Id. at 4-5, and Exhibit F. 21Id. at 4, and Exhibit E (compiled by the WVU Bureau of Business and Economic Research). 2210 FCC Rcd 8759 (CSB 1995). 23Petition at 14-15. 24KDKA Opposition at 2-5, citing 47 C.F.R. ��76.56(b)(4)(ii) and (5); Young Broadcasting of Lansing,Inc., 18 FCC Rcd 24889 (2003); Guy Gannett Communications, Inc., 13 FCC Rcd 23470 (1998), recon denied, 15 FCC Rcd 10762 (2000); Pacific and Southern Company, Inc., 14 FCC Rcd 4558 (1999). 25Id. at 2-3, 5-8, citing Young Broadcasting of Lansing, Inc. 18 FCC Rcd 24889 (2003); Seal Rock Broadcasting,LLC, 18 FCC Rcd 16262 (2003);
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  • the Communications Act of 1934, as amended, 47 U.S.C. � 534. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau Complaint at 1. Petitioner refers to the cable operator as ``MediaCom.'' We will use ``Mediacom.'' 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Complaint at 1. Id. Id. Id. at 1-3 and Exhibits 1 and 2. Id. at 2. Id. at 3. Id. Id. at 5. Opposition at 3. Id. Id. at 3-4. Id. at Exhibit A. Id. at 2. Id. Id. Id. at 4. W62DE has not introduced any evidence to the support its
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  • the enrollment period. 5. A minimum of one third of the system's maximum capacity will be used by EasyTEL and/or its affiliates and will be unavailable to VPPs. In addition, EasyTEL will utilize approximately six channels to carry public programs, educational programs, and governmental programs, in addition to approximately twelve ``must-carry'' stations entitled to demand carriage pursuant to 47 C.F.R. �76.56 and �76.1506 of the FCC's rules. The remaining channels will be available for interested VPPs. No VPP will be assigned more than the capacity set aside for EasyTEL and its affiliates. 6. The enrollment period for VPPs seeking carriage on EasyTEL's Open Video System will commence on May 22, 2006, and will conclude on August 22, 2006 or 90 days
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  • full-power television station licensed to Bethlehem, Pennsylvania, which is in the Philadelphia DMA. It states further that RCN operates a cable television system in Lehigh and Northampton counties, also in the Philadelphia DMA. WBPH asserts that on November 30, 2005, it informed RCN of its must carry election and requested carriage on RCN's Philadelphia cable system pursuant to the Section 76.56 of the Commission's rules. WBPH asserts that RCN did not respond in writing to its November 30, 2005 letter requesting mandatory carriage in the cable communities within 30 days of receipt of such request as required by Section 76.61(a)(2) of the Commission's rules. WBPH asserts further that its signal is not substantially duplicated by any local commercial television station in
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  • Alabama, headend. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau Complaint at 1. See 47 C.F.R. � 76.7. In its Opposition, JCP notes that all three cable communities are served by its Sulligent headend. 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Complaint at 1, 5. Complaint at 1-3. Id. at 3-4. Id. at 4. Id. W24DC states that the Station's transmitter site is 13 miles from the Sulligent headend. Id. Id. at 6, citing 47 C.F.R. � 76.55(d)(4); Id. n.7. Id. Complaint at 5. Opposition at 1-3; see also 47 C.F.R. � 76.55(d).
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  • filed by Billy Ray Washington, licensee of low power television station W62DE Television IS DENIED. This action is taken pursuant to authority delegated by Sections 0.283 and 1.106 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Donna C. Gregg Chief, Media Bureau Billy Ray Washington v. Mediacom USA, 21 FCC Rcd 5949 (2006) (``Washington''). 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Washington, 21 FCC Rcd 5949 (2006). See 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2981 (1993) (``Must Carry Order''). Test results of the W62DE signal submitted in the initial
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  • June 30, 1990, and are located in Columbia and Greene Counties, New York, where no full-power television stations are licensed. WSSN-LP maintains that because Mid-Hudson's system has more than 36 channels, carries broadcast stations on fewer than one-third of its activated channels and does not carry two or more LPTV stations, carriage of its station is required pursuant to Section 76.56(b)(3) of the Commission's rules. WSSN-LP states that it made a proper must carry election on September 25, 2005 and a formal must carry demand on February 24, 2006. WSSN-LP states that Mid-Hudson rejected the carriage demand, by letter dated March 14, 2006, indicating that WSSN-LP did not meet the signal strength criteria as required by Section 76.55(d) of the Commission's
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  • of total analog capacity, shall be reserved to CCFL and/or its affiliates. CCFL anticipates that approximately 5 additional analog channels will be used for public, educational and/or governmental (``PEG'') programming pursuant to Section 76.1506 of the Commission's Rules, and that approximately 20 additional analog channels will be required to serve ``Must-Carry'' stations entitled to demand carriage pursuant to 47 C.F.R. �76.56 and � 76.1506 of the Commission's rules. The total number of analog channels reserved for CCFL and/or its affiliates, PEG programming and Must-Carry stations shall be the ``Analog Channel Reserved Capacity,'' and the total number of digital channels reserved for CCFL and/or its affiliates shall be the ``Digital Channel Reserved Capacity'' (collectively, the ``Reserved Capacity''). The number of channels available
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  • COMMISSION William H. Johnson Deputy Chief Media Bureau 47 C.F.R. ��76.51-76.64. Tri-State Christian TV, Inc. v. Blytheville TV Cable Company, 17 FCC Rcd 21413 (2002) (``Initial Order''). 3Tri-State Christian TV, Inc. v. Blytheville TV Cable Company, 20 FCC Rcd 15771 (2005) (``Order on Reconsideration''). 447 U.S.C. �534. 5See supra n. 1. 647 U.S.C. �534(c)(1) and (h)(2); 47 C.F.R. �76.55(d) and 76.56(b)(3). See also Initial Order, 17 FCC Rcd at 21413. 7Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, 8 FCC Rcd 2965, 2991 (1993) (``Must Carry Order''). 8See, e.g., Franklin Media, Inc. v. Comcast Cable Communications, Inc., 19 FCC Rcd 24086, 24087 (2004). 9Submission of Further Test Results at 2-3. (...continued from previous
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  • began January 1, 2006, and concludes on December 31, 2008. CFB states that it specifically notified GLW of its ``must carry'' status via an election letter dated September 27, 2005. While CFB does not say whether it filed election letters with Orwell and Rapid, the Commission's rules do not require eligible stations to actively elect ``must carry.'' 47 C.F.R. � 76.56. 47 C.F.R. � 76.56(b). 47 C.F.R. � 76.55(c). 47 C.F.R. � 0.283. (continued....) Federal Communications Commission DA 07-3956 � � � � ? K � � � � � 0 � 0 T '' �
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  • serving 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.
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  • Report and Order, the Commission has reaffirmed these requirements. (47 C.F.R. 76.62(b)). The Commission has also clarified that it does not constitute material degradation for a station to downconvert a digital signal to an analog signal to comply with the viewability requirement. (47 C.F.R. � 76.62(h)). Availability of Signals �Sections 614(b)(7) and 615(h) The Commission adopted rules (47 C.F.R. � 76.56(d)(3)) requiring cable systems that are not "all-digital" to provide must-carry signals in analog, while "all-digital" systems may provide them in digital form only. After the digital transition, every full-power must-carry station will be broadcast solely in digital, while the use of analog receivers (i.e., analog TV sets) will continue for an indefinite time. The specific rules adopted in this Report
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  • by Charter Communications, June 9, 2008 (``Response''). Concurrent with its pleading, Charter filed a motion for leave to file its Response. Although Section 76.7 of the Commission's rules does not provide for a Response to a Reply, we will accept Charter's Response in the interest of fully developing the record in this proceeding. 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2)(A)-(F); 47 C.F.R. � 76.55(d)(1)-(d)(6). Complaint at 2. Petitioners assert that, because Charter's only concern related to WKRP's compliance with the Commission's signal strength requirements, Charter concedes that WKRP satisfies the remaining LPTV requirements for must carry eligibility. Reply at 1. Id. at 1. Id. Opposition at 3. Id. at 3. Id. at 3-4. Charter states that
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  • See 47 U.S.C. � 534(h)(1)(C). Section 76.55(e)(2) of the Commission's rules specifies that a commercial broadcast television station's market is its Designated Market Area as determined by Nielsen Media Research. 47 C.F.R. � 76.55(e)(2). See 47 U.S.C. � 325, Must Carry Order, 8 FCC Rcd 2965, 2996, � 129, et seq. (1993). See 47 U.S.C. � 534; 47 C.F.R. � 76.56; 47 C.F.R. � 76.64(f)(2). See Note to Paragraph 47 C.F.R. � 76.55(e). See 47 C.F.R. � 76.55(e)(2)(ii). See Complaint at 1 and n.1 (citing Ex. A, Jun. 12, 2008 Letter from Christopher D. Imlay, Communications Counsel, Red Lion Broadcasting Company, Inc., to Tom Nathan, Comcast). See id. at Ex. B, Jun. 18, 2008 Letter from Michael Nissenblatt, Vice President, Broadcaster
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  • no full-power television stations licensed to Fayette County, Alabama. The cable communities at issue and the communities of license of WSSF-LP and WSFG-LP are all outside of the top 160 MSAs, as determined by OMB on June 30, 1990. WSSF-LP and WSFG-LP maintain that because WATC's system has 60 activated channels, carriage of both Stations is required pursuant to Section 76.56(b)(3) of the Commission's rules. As a result, the Stations argue that they have satisfied the statutory requirements for mandatory carriage. Accordingly, we grant the complaint of WSSF-LP and WSFG-LP and find that the Stations are qualified for carriage on WATC's cable system herein. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934,
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  • Id. Id., quoting Southeastern Ohio Broadcasting Co., 11 FCC Rcd 2372, at � 14 (CSB 1996). 47 U.S.C. �534(h)(1)(C)(ii)(III). See Great Trails Broadcasting Corp., 10 FCC Rcd 8629 (CSB 1995); Paxson San Jose License, Inc., 12 FCC Rcd 17520 (CSB 1997). 47 U.S.C. �534(h)(1)(C)(ii)(IV). Petition at 11, and Attachment J. Id. at Attachment J. Id. at 11. See 47 C.F.R. �76.56(b)(5). WHIZ's petition is granted with respect to the 10 Perry County cable communities that the Station states are registered for Time Warner's system with the identifier PSID 003566: Crooksville, Junction City, Mount Perry, New Lexington, Pike, Reading, Roseville, Somerset, Thorn and Thornville. The petition is also granted with respect to Pleasant Village, which WHIZ states is also served by the
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  • now places it in the Kansas City DMA. B. Other Arguments Raised by the Parties Hearst-Argyle argues that KTKA's market modification petition should be denied for additional reasons. First, Hearst-Argyle points out that KTKA's greater proximity than the Kansas City DMA stations to the Douglas County communities should actually be fatal to its request. Hearst-Argyle argues that, pursuant to Section 76.56(b)(5) of the Commission's rules, grant of the instant petition would jeopardize the must carry rights of in-market ABC affiliate, KMBC because KTKA is also closer to the principal headends of the cable systems serving the communities at issue than is KMBC. Therefore, relying on the Portland line of cases and others, Hearst-Argyle asserts that grant of KTKA's petition would upset
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  • to the cable system's principal headend. We expect that New Wave and W18AN will work cooperatively in conducting signal quality tests and that such tests will be conducted in accordance with established Commission procedures. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47 U.S.C. � 534, and Sections 76.55(d) and 76.56(b)(3) of the Commission's rules, that the complaint filed by Lincoln Memorial University IS GRANTED to the extent indicated above with respect to the Middlesborough, Kentucky cable system operated by Telecommunications Management, LLC d/b/a New Wave Communications. New Wave IS ORDERED to commence carriage of W18AN within sixty (60) days of the date that W18AN provides a good quality signal to
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  • the Matter of KJLA, LLC v. CoxCom, Inc. ) ) ) ) ) ) ) CSR-8065-M Adopted: February 11, 2009 Released: February 11, 2009 By the Senior Deputy Chief, Policy Division, Media Bureau: Introduction KJLA, LLC (``KJLA''), licensee of digital-only television broadcast station KJLA-DT, Ventura, California (``KJLA''), has filed two must carry complaints with the Commission pursuant to Sections 76.7, 76.56 and 76.61(a)(1) of the Commission's rules, against CoxCom, Inc. d/b/a Cox Communications Palos Verdes and Cox Communications Orange County (``Cox''). Cox opposed both complaints, and KJLA has filed replies. For administrative convenience, the Bureau is consolidating the petitions into one proceeding. For the reasons discussed below, we dismiss both of KJLA's mandatory carriage complaints. Background Under Section 614 of the
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  • that obstacles to KVMD's actual coverage included the station's transmission location and subsequent antenna angle discrimination. See id. See id. The station's noise limited contour (predicted 41 dBu contour) did not show coverage. See id. See Petition for Reconsideration, at 4-5. The Commission expressly authorizes Longley-Rice propagation curves and presumes coverage as indicated on the curve. See 47 C.F.R. � 76.56(b)(2). In the Second Report and Order on Definition of Markets for Purposes of the Cable Television Broadcast Signal Carriage Rules, 14 FCC Rcd 8366, 8385 � 44 (1999), the FCC encouraged a petitioner to provide a ``more specific technical coverage showing, through the submission of service contour prediction maps that take terrain into account, particularly maps using the Longley-Rice prediction
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  • filed the above-captioned petition seeking an investigation into the designation of the principal headend serving Charter Communications, Inc. (Charter) communities in the Outer Banks of North Carolina, for the purpose of seeking carriage of WHRO in the cable communities. Because HRETA is seeking mandatory carriage for WHRO as a non-commercial station under Section 615 of the Communications Act and Section 76.56 of the Commission's rules, we docketed and will address its Request as a must-carry complaint. Charter filed an opposition to the petition, to which HRETA has replied. As set forth below, HRETA's complaint is dismissed. BACKGROUND Pursuant to Section 615 of the Communications Act and implementing rules adopted by the Commission in Implementation of the Cable Television Consumer Protection and
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  • and MVPDs need to be estimated based on a common geographic area. See 47 U.S.C � 338 (k) (signal carriage rights) and 17 U.S.C. � 122 (j) (copyright). See 47 U.S.C. � 534 (a broadcast station's local market shall be determined by the Commission by regulation or order). See also 47 C.F.R. � 76.55 (e). See, e.g., 47 C.F.R. �� 76.56 & 76.64 (signal carriage obligations), 47 C.F.R. � 73.3555 (multiple ownership). Section 614(h)(1)(C)(i) of the Communications Act of 1934, as amended, provides in relevant part: ``Following a written request, the Commission may, with respect to a particular television broadcast station, include additional communities within its television market or exclude communities from such station's television market...'' See 47 U.S.C. � 534(h)(1)(C)(i).
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  • stations are licensed. WGBS-LD asserts that, given its proximity to the Isle of Wight County cable system, it is confident that it will be able to provide a good quality signal to Charter's principal headend. Furthermore, WGBS-LD argues that, because less than one-third of the activated channels on Charter's system are used to carry mandatory local commercial television stations, Section 76.56(b) of the Commission's rules states that WGBS-LD is entitled to mandatory carriage on the system. WGBS-LD states that when it was initially granted its Digital Low Power TV license on December 16, 2009, it was licensed to the community of Hampton, Virginia. On March 12, 2010, WGBS-LD states that it requested that its community of license be changed to Carrollton,
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  • Counsel, Cablevision, to William T. Lake, Chief, Media Bureau, FCC (Dec. 31, 2009). Cablevision Reply at 11, n.30. Cablevision also notes that waiver will enable it to compete more equitably with other services that are already all-digital and for which service may be initiated remotely. We note that this waiver is consistent with our ``viewability'' requirements. See 47 C.F.R. � 76.56(d)(3). Cablevision's waiver request applies only to its all-digital systems in Brooklyn and the Bronx. Thus, these subscribers must have some type of digital device in order to subscribe to this cable service. 47 C.F.R. � 76.630(a). 47 C.F.R. �� 1.3, 76.7. See also, e.g., AT&T Corp. v. FCC, 448 F.3d 426 (D.C. Cir. 2006). Northeast Cellular Telephone Co. v. FCC,
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  • television signals in both [DMAs] (subject to the statutory safeguards provided for in the Act, e.g., the limitations on one-third of usable channel capacity, the substantial duplication limitation, the closest network affiliation limitation, etc.), unless the cable operator can segregate their carriage on its systems. In this instance, Buckeye maintains it cannot separate its technically-integrated system. See 47 C.F.R. � 76.56. See 47 C.F.R. ��76.92 and 76.101. 47 C.F.R. �� 76.92(f); see 47 C.F.R. �� 76.5(i) and 76.54. 47 C.F.R. � 76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to
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  • television signals in both [DMAs] (subject to the statutory safeguards provided for in the Act, e.g., the limitations on one-third of usable channel capacity, the substantial duplication limitation, the closest network affiliation limitation, etc.), unless the cable operator can segregate their carriage on its systems. In this instance, Buckeye maintains it cannot separate its technically-integrated system. See 47 C.F.R. � 76.56. See 47 C.F.R. �76.92; 47 C.F.R. �76.101. 47 C.F.R. �76.92(f); see 47 C.F.R. ��76.5(i) and 76.54. 47 C.F.R. �76.106(a). 103 FCC 2d 407 (1986). 47 C.F.R. �76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). 47 C.F.R. � 76.54(b). The criteria set forth in KCST-TV require that two separate surveys be performed pursuant to Section 76.54(b)
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  • agreement to be carried in the subject communities. WABG-TV maintains that a grant of its petition would afford it the same option as WPTY-TV - to elect must carry status or negotiate for retransmission consent in the communities. Moreover, WABG-TV argues that the Local Broadcasters' claim that a grant of the instant request would threaten WPTY-TV's carriage, pursuant to Section 76.56(b)(5) of the Commission's rules, is untenable. Section 76.56(b)(5) states that a cable system is not required to carry any local commercial television station that substantially duplicates the signal of another commercial television station that is carried on the system, or to carry the signals of more than one local commercial television station affiliated with a particular broadcast network. WABG-TV states
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  • Carthage and Lafayette, Tennessee, within 60 days unless Comcast demonstrates that WRTN-LD does not provide a good quality signal to its principal headend. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau Formerly WKRP-LP. 47 U.S.C. � 534(c)(1); 47 C.F.R. � 76.56(b)(3). 47 U.S.C. � 534(h)(2); 47 C.F.R. � 76.55(d). Complaint at 1. Id. Id. Id. Id. Id. Id. at 2. Opposition at Exhibit 2. Id. at Exhibit 3. Id. at 3, citing 47 U.S.C. � 534(h)(2)(E); 47 C.F.R. � 76.55(d)(5). Reply at 1. Id. Id. at Exhibit 1. Id. at 1-2 Id. at 2. Id. 47 C.F.R. � 0.283. (...continued from
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  • (Conference Report). Conference Report at 3. Cable operators that are subject to rate regulation are required to provide subscribers with a basic service tier and to carry local broadcast stations on that tier. 47 U.S.C. � 543(b)(7); see also 47 C.F.R. � 76.901. See n. 9, supra. See 47 C.F.R. � 76.64. See 47 C.F.R. � 76.55(c)(3); 47 C.F.R. � 76.56(b)(5). 47 U.S.C. � 325; see also 47 C.F.R. � 76.64 (retransmission consent). However, such carriage arrangements may be limited by other contractual restrictions, such as network affiliation agreements. 47 U.S.C. � 325(b)(2)(A). Pursuant to Commission rules, a qualified NCE station is one that is: (1) licensed to a community whose reference point, as defined in � 76.53, is within 80.45Km
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  • are located in Nelson County, where no full-power television stations are licensed. W06AY-D asserts that, given its proximity to the Bardstown cable system, it is able to provide a good quality signal to Bardstown's principal headend. Furthermore, W06AY-D argues that because the Bardstown system is currently carrying less than the mandatory number of local commercial television stations required by Section 76.56(b) of the Commission's rules, the system is required to set aside and carry at least two qualified low power stations. W06AY-D notes that, in its denial of carriage, Bardstown asserted that, based on signal quality tests, W06AY-D did not provide a ``good quality signal'' at the system's principal headend. W06AY-D asserts, however, that not only is Bardstown's signal quality ``study''
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  • consistent with the rules on any service tier. Further provided that a television broadcast station operating on channels regularly assigned to its community by both �� 73.606 and 73.622 of this chapter may assert a claim for carriage pursuant to subpart D of this part only for a channel assigned pursuant to 73.606. * * * * * 3. Section 76.56 is revised to read as follows: �76.56 Signal carriage obligations. * * * * * (e) Carriage of additional broadcast television signals on such system shall be at the discretion of the cable operator, subject to the retransmission consent rules, � 76.64. A cable system may also carry any ancillary or other transmission contained in the broadcast television signal. 4.
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  • Act of 1999, DBS subscribers in approximately 158 DMA's are not provided with local broadcast network signals via satellite. DBS can offer distant network signals, but only to a portion of DBS households (only those households unserved by local network affiliates over the air). 47 U.S.C. � 543(b)(7); 47 C.F.R. � 76.901(a). 47 U.S.C. � 534(a), (b)(1), 47 C.F.R � 76.56(b) (obligations to carry local commercial stations); 47 U.S.C. � 535(a), (b); 47 C.F.R. � 76.56(a) (obligations to carry qualified noncommercial stations). Under these statutory provisions and the Commission's rules, commercial broadcast television stations may elect whether they will be carried by local cable television systems. 47 U.S.C. � 325(b)(3)(B); 47 C.F.R. � 76.64(f). The must carry provisions of the 1992
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  • next three most common methods were: (1) starting to watch a specific show on the channel (cited by 30 percent of respondents); (2) advertising on another channel (cited by 27 percent of respondents); (3) and word-of-mouth from friends or relatives (cited by 26 percent of respondents). Id. See Viacom Comments at 9. 46 47 U.S.C. 8 534(b)(7); 47 C.F.R. 9 76.56(d). THE REPORT 16 < > connections, the operator must notify such subscribers of all broadcast stations carried on the cable system which cannot be viewed via cable without a set top box and must offer to sell or lease such a set top box to its subscribers at regulated rates. The signals of noncommercial television stations must be available to
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  • stations on that tier. 47 U.S.C. � 543(b)(7), 47 C.F.R. � 76.901. In order to receive mandatory carriage on a cable system, a station must provide the cable system with a good quality signal, and its programming must not be substantially duplicative of the programming of another station carried by the cable system. 47 C.F.R. � 76.55(c)(3); 47 C.F.R. � 76.56 (b)(5). 47 U.S.C. � 325. Noncommercial television stations have a right to mandatory carriage under the 1992 Act, but do not have statutory retransmission consent rights. Sections 614 and 615 of the Communications Act contain the cable television ``must carry'' requirements for commercial and noncommercial television stations, respectively. See Carter Mountain Transmission Corp., 32 FCC Rcd 459 (1962), aff'd sub.
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  • Access to Incumbent Local Exchange Carriers' Inside Wire Subloop (WC Docket No. 01-338). SUMMARY: The Commission will consider a Report and Order and Declaratory Ruling defining physically inaccessible cable wiring as well as requesting carrier rights to access inside wire subloops in multiunit premises. 6 MEDIA TITLE: Amendment to Broadcast Carriage Rules for Cable Operators and Satellite Carriers; 47 CFR 76.56, 76.59, and 76.66. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning market modifications for purpose of satellite and cable carriage of television broadcast stations. or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). . . Copies of materials adopted at this meeting can be purchased from the FCC's duplicating contractor, Best Copy and
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  • ITEM FROM MAY 31, 2007, OPEN MEETING The following item has been deleted from the list of Agenda items scheduled for consideration at the May 31, 2007, Open Meeting and previously listed in the Commission's Notice of May 24, 2007. ITEM NO. BUREAU SUBJECT 6 MEDIA TITLE: Amendment to Broadcast Carriage Rules for Cable Operators and Satellite Carriers; 47 CFR 76.56, 76.59, and 76.66. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning market modifications for purpose of satellite and cable carriage of television broadcast stations. -FCC- Commission Meeting Agenda A Public Notice of the Federal Communications Federal Communications Commission Commission 445 12th Street, S.W. News Media Information (202) 418-0500 Washington, D.C. 20554 Fax-On-Demand (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov
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  • Section 1.80, and the statutory factors to the instant case, we conclude that RCN is apparently liable for a $4,000 forfeiture. Section 76.1709(a) of the Commission's Rules requires that every cable television system shall maintain for public inspection a file containing a list of all broadcast television stations carried by its system in fulfillment of the must-carry requirements provided in Sec.76.56 of the Rules. The must-carry list must include the call sign, community of license, broadcast channel number, and cable channel number. During an inspection on January 4, 2007, an agent found that RCN did not maintain an updated Must-Carry List in its public inspection file. During a re-inspection of the public inspection file on July 25, 2007, an agent found
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  • H.R. 1303 and H.R. 2546 Before the Subcommittee on Telecommunications and Finance of the Committee on Energy and Commerce of the House of Representatives, 102nd Cong. 753 (1991). 8 According to a study by the Industry Analysis Division of the Media Bureau in connection with this Report, discussed more fully, supra, at Chapter 3, Television. 9 See 47 C.F.R. � 76.56(b)(2) (smaller systems are required to carry fewer channels). See also 47 C.F.R. � 76.55(c), (e). A Designated Market Area or DMA is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. Essen- tially, each county in the United States is allocated to a market based on which home-market stations receive a preponderance
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  • delete the duplicating network programming of any television broadcast station which is significantly viewed in the cable television community pursuant to � 76.54. (g) A community unit is not required to delete the duplicating network programming of any qualified NCE television broadcast station that is carried in fulfillment of the cable television system's mandatory signal carriage obligations, pursuant to � 76.56. Note: With respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined
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  • Carry Order''). The Commission later clarified the broadcast signal carriage requirements. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, Order, 8 FCC Rcd 4142 (1993) (``Clarification Order''). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 U.S.C. ��534 and 535; 47 C.F.R. �76.56. The Act's cable carriage provisions are found at Appendices G and H, attached to this Report and Order. 47 U.S.C. �534(b)(1)(B). This location is known as the point of presence (``POP''). A transponder is that portion of a satellite used for reception and retransmission of a signal or signals in a certain bandwidth. Each satellite located at one of the
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  • to consider the percentage based on the total number of U.S. households, both with or without television sets, or based upon the total number of housing units, including both occupied and unoccupied units. Using these bases the estimate ranges as low as 81% cable availability. Id. at n. 62. See 47 U.S.C. ��534 and 535. 47 U.S.C. �534(b)(1)(B); 47 C.F.R. �76.56(b)(2). A cable operator of a cable system with 12 or fewer usable activated channels shall carry the signals of at least three local commercial television stations, except that if such a system has 300 or fewer subscribers, it shall not be subject to any requirements under this section so long as such system does not delete from carriage by that
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  • is not a successor regulation to Part 74. PAI Petition at 4, note 1. However, we agree with NCTA that the new Part 73 rules for Class A stations are more properly viewed as ``successor regulations'' for the group of Class A LPTV stations previously regulated under Part 74. See NCTA Opposition at 3-4. 47 U.S.C. � 534(h)(2). Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set aside under the Act shall carry at least one qualified LPTV station. See, e.g., Central Ohio Association of Christian Broadcasters, Inc. v. Time Warner Cable, DA 00-2632, 2000 WL 1727376 (Chief, Consumer Protection and Competition Division,
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  • Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385 (1992). See 47 U.S.C. � 613(f). Under our cable rules, the term subscriber means a ``member of the general public who receives broadcast programming distributed by a cable television system and does not further distribute it.'' 47 C.F.R. � 76.5(ee). See 47 C.F.R. � 76.62. 47 C.F.R. � 76.56(e). See In re Carriage of the Transmission of Digital Television Broadcast Stations, CS Docket No. 98-120, Notice of Proposed Rulemaking, 13 FCC Rcd 15092, 15129 � 82 (1998); In re Petition for Special Relief of Gemstar, CSR-5528-Z (filed March 16, 2000). See In re SHVIA: Retransmission Consent Issues: Good Faith Negotiations and Exclusivity, CS Docket No. 99-363, Report and Order,
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  • provides for additional local coverage as was done in the Bureau Order in this case. Finally, WFTV contends that the Bureau Order fails to recognize that, with the inclusion of the Marion County communities within WCJB-TV's market, WCJB-TV would obtain mandatory carriage priority over WFTV in the Marion County communities located nearer to WCJB-TV than to WFTV, pursuant to Section 76.56(b)(4)(ii) of the Commission's rules. WFTV argues that Commission precedent precludes a network station assigned to one designated market, or area of dominant influence (``ADI''), from obtaining mandatory carriage priority over another network station located in another ADI. Diversified asserts that the Bureau Order is indeed consistent with precedent in this respect, arguing that Broad Street Television, LP Davenport, Iowa, cited
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  • file complaints with the Commission against cable operators for non-compliance with Sections 614 and Section 615. In addition, both cable operators and television stations may file petitions with the Commission to either expand or contract a commercial television station's market for broadcast signal carriage purposes. These statutory requirements were implemented by the Commission in 1993, and are reflected in Sections 76.56-64 of the Commission's rules. In a recent Memorandum Opinion and Order regarding band-clearing of the 700 MHz spectrum (``700 MHz Order''), the Commission reiterated that cable carriage can play an important role as an alternative distribution channel during the transition period by providing continued service to viewers who would otherwise be deprived of broadcast service. Although the Commission stated that
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  • C.F.R. � 1.108. See also Central Florida Enterprises v. FCC, 598 F.2d 37, 48 n.51 (D.C. Cir.), cert. dismissed, 441 U.S. 957 (1979). 145 Cong. Rec. H11769-01, at H11795. Id. See 16 FCC Rcd at 1954. See 47 U.S.C. � 338(c)(2). See Report and Order, 16 FCC Rcd at 1954. See 47 U.S.C. � 535(b) and (e); 47 C.F.R. � 76.56(a). See also Report and Order, 16 FCC Rcd at 1953 n.197. In the cable context, a NCE station is considered ``local'' if ``its community of license is within 50 miles of, or the station places a Grade B contour over, the principal headend of the cable system.'' Id. at 1953. Cable systems with more than 36 channels must carry all
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  • with this Order. 17. IT IS FURTHER ORDERED that Mickelson Media, Inc. d/b/a Century Cable shall commence carriage of WYKE-LP sixty (60) days after the release date of this Order in the absence of a new test that demonstrates that WYKE-LP does not provide an adequate signal. WYKE-LP shall notify Century in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within 15 days of the release date of this Order. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Formerly W49AI. 10 FCC Rcd 8225 (1995), recon. denied,10 FCC Rcd 960 (1995). 8 FCC Rcd 2965 (1993) ("Must Carry Order''). 47 C.F.R. �76.55(d). The Cable Television Consumer Protection and Competition Act of 1992 (``1992 Cable
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  • Commission later clarified the broadcast signal carriage requirements. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, Order, 8 FCC Rcd 4142 (1993) (Clarification Order); Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 U.S.C. �� 534, 535; see also 47 C.F.R. � 76.56. 47 U.S.C. � 614. A headend is the originating point of a signal in cable TV systems. The principal headend is the headend, in the case of a cable system with a single headend. In the case of a cable system with more than one headend, the principal headend is designated by the cable operator. See 47 C.F.R. � 76.5.
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  • acquisition is anticompetitive is determined in part by asking what alternatives are, or would be, available to customers in the event that prices increase or service deteriorates.'' Fox Comments, Owen Statement at 2-3. See 47 C.F.R. � 76.55(b)-(e) (defining local noncommercial educational television station, local commercial television station and television market for purposes of signal carriage obligations); 47 C.F.R. � 76.56 (signal carriage obligations). Randy Falco, President of NBC Television Network, argues that broadcasters have large sunk costs in programming and ownership of multiple stations at the local level enables broadcasters to amortize programming costs across more platforms. Bear Stearns Comments at 208-09. Sinclair Comments at 16, Exhibit 8 at 30-31. Alaska Comments at 3-4. Alaska contends that the current rule
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  • In essence, WTXL-TV sought to reverse the Bureau's market modification decision in Diversified through the must carry process. The Bureau denied WTXL-TV's complaint (``Complaint Order''), stating that a must carry complaint was not the proper venue in which to seek a reversal of a market modification ruling. Moreover, the Bureau found that Time Warner had acted in compliance with Section 76.56(b)(5) of the Commission's rules when it chose to carry the closer of two duplicating stations. WTXL-TV also challenged the Diversified decision through its own market modification petition. In its petition, WTXL-TV asserted that the Commission's grant of WCJB's earlier modification request undermined WTXL-TV's ability to be carried on Time Warner's cable system. WTXL-TV contended that the Bureau's action in Diversified
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  • and Competition Act of 1992, 9 FCC Rcd 4415, 4418-19 � 24 (1994). House Committee on Energy and Commerce, H.R.Conf.Rep. No. 102-862 ("Conference Report"), 102d Cong., 2d Sess. (1992), reprinted at 138 Cong. Rec. H8308 (Sept. 14, 1992) at 2. Conference Report at 3. Conference Report at 3. Noncommercial television stations do not have retransmission consent rights. 47 C.F.R. � 76.56. 47 C.F.R. � 76.60. 47 C.F.R. � 76.64. 47 C.F.R. � 76.66. See 47 U.S.C. � 325(b)(3)(C); 47 C.F.R. � 76.65; Implementation of Satellite Home Viewer Improvement Act of 1999, Retransmission Consent Issues: Good Faith Negotiation and Exclusivity 15 FCC Rcd 5445, 5463 � 45 (``Good Faith Negotiation Order''). See 47 U.S.C. � 325(b)(3)(C). See also, 47 C.F.R. � 76.65(f)(good
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  • station in every market is required to be carried pursuant to mandatory carriage (e.g., if it does not provide a good quality signal to the headend; it substantially duplicates the signal of another television station in the market, or the cable system has reached its one-third channel capacity),See 47 U.S.C. �� 534(b)(1), (5), 534(h)(1)(B)(iii), 535(e), (g)(4), 47 C.F.R. �� 76.55(c)(3), 76.56(a), (b)(5) (for commercial and noncommercial television stations on cable); 47 U.S.C. �� 338(b),(c), 47 C.F.R. � 76.66(g), (h) (for commercial and noncommercial television stations on satellite). Conference Report at 577. See 47 U.S.C. � 534(h)(1)(C). Cable and satellite mandatory carriage requirements for digital signals are the subject of a separate proceeding. Carriage of Digital Television Broadcast Signals, First Report and
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  • Transferee, 17 FCC Rcd 20559, 20611-12 � 123 (2002). These figures refer to cable systems with any number of channels. The number of systems with 36 or more activated channels would be somewhat less. 47 U.S.C. � 543(b)(8). See also 47 C.F.R. � 76.921. Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 U.S.C. �� 614(b), 615(b); 47 C.F.R. � 76.56. 47 C.F.R. � 76.64(f). 47 C.F.R. � 76.56; see also 47 C.F.R. � 76.55(c) (definition of a qualified local commercial television stations). DTH services use satellites to deliver video programming directly to subscribers. HSD users employ relatively large dishes (4-8 feet in diameter) to receive programming. DBS uses relatively small receiving dishes (18-24 inches in diameter). See, e.g., 1995 Report,
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  • Reply Comments at 13. Comcast Reply Comments at 16. Notice, 18 FCC Rcd at 16047 � 18. BSPA Comments at 18-22, 31-33. Id. at 27-31; RCN Comments at 10-11. RCN Comments at 10-11. BSPA Comments at 28-29. iN DEMAND Reply Comments at 1-2. See also Comcast Reply Comments at 19-20. 47 U.S.C. �� 534(b), 535(b). See also 47 C.F.R. � 76.56. SHVIA was enacted as Title I of the Intellectual Property and Communications Reform Act of 1999 (relating to copyright licensing and carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.), Pub.L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (Nov. 29, 1999). 47 C.F. R. � 76.66. 47 C.F. R. � 76.64. 47
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  • networks. The America Channel Comments at 7. Id. at 6-7. The America Channel does not describe how penetration requirements hurt its ability to obtain carriage, nor does it detail what contractual terms cause it to be disadvantaged vis-�-vis other nonbroadcast networks. Id. at 1. Id. Comcast Reply Comments at 27. 47 U.S.C. �� 534(b), 535(b). See also 47 C.F.R. � 76.56. Pub.L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (Nov. 29, 1999). 47 C.F.R. � 76.66. 47 C.F.R. � 76.64. 47 C.F.R. � 76.60. EchoStar Comments at 10. Id. at 10-11. EchoStar does not provide specific examples where the Commission has failed to enforce the retransmission consent rules. Fox Comments in MB Docket No. 04-207 at 21-22 (Fox A La
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  • cost of installing, leasing and purchasing CableCARDs. See 2005 Annual Cable Price Survey at www.fcc.gov/mb/2005. For the 2005 Report, we plan to use information provided in response to the survey along with comments provided in response to this Notice. 47 U.S.C. � 532(g). 2004 Report, 20 FCC Rcd at 2767 � 20. 47 U.S.C. �� 614(b), 615(b); 47 C.F.R. � 76.56. 47 C.F.R. � 76.64(f). 47 C.F.R. � 76.56; see also 47 C.F.R. � 76.55(c) (definition of a qualified local commercial television stations). 47 U.S.C. � 543(b)(8). See also 47 C.F.R. � 76.921. Pub. L. No. 102-385, 106 Stat. 1460 (1992). DTH services use satellites to deliver video programming directly to subscribers. HSD users employ relatively large dishes (4-8 feet in
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  • primary. Television stations may file complaints with the Commission against cable operators for non-compliance with Sections 614 and 615. In addition, cable operators and television stations alike may file petitions to either expand or contract a commercial television station's market for broadcast signal carriage purposes. These statutory requirements were implemented by the Commission in 1993, and are reflected in Sections 76.56 to 76.64 of the Commission's rules. carriage of digital broadcast signals Stations Broadcasting in Analog and Digital A fundamental issue addressed in the First Report and Order and in the Further Notice is whether cable operators are required to carry both the analog and digital signals of a station during the transition when television stations are broadcasting analog and digital
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  • supra. Id. See Time Warner II, 240 F.3d at 1137. 2001 Further Notice, 16 FCC Rcd at 17321 � 9. Id. at 17322-23 �� 12-13. 2001 Further Notice, 16 FCC Rcd at 17350-51 � 81. Id. at 17351-52 � 83. See Section II. C. 2. c. (4), supra. Id. AT&T Comments at 50-51; Comcast Comments at 25-28. 47 C.F.R. � 76.56. 47 C.F.R. � 76.701. Time Warner Comments at 35-37 (citing 47 U.S.C. � 536(a)(3); 47 C.F.R. �76.1301(c)). Cablevision Comments at 7-10; NCTA Comments at 21. Cablevision Comments at 7-9. 2001 Further Notice, 16 FCC Rcd at 17351 � 82. Id. at 17352 � 84. Id. at 17351 � 82. , supra.) Id. at 23. See Waterman and Weiss at 45-54.
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  • 32-35; Time Warner Reply Comments at 6-7. Time Warner Reply Comments at 5-6. See also, GAO, Tele-communications: Issues Related to Competition and Subscriber Rates in the Cable Television Industry, GAO-04-08, Oct. 2003, at 29. 47 U.S. C. � 521(a)(19) note; Pub. L. No. 102-385, 106 Stat. 1460, Oct. 5, 1992. 47 U.S.C. �� 534(b), 535(b). See also 47 C.F.R. � 76.56. Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (Nov. 29, 1999). 47 C.F.R. � 76.66. 47 C.F.R. � 76.64. 47 C.F.R. � 76.60. See 2004 Report, 20 FCC Rcd at 2805 � 79. See Notice, 20 FCC Rcd at 14140 � 64. Joint Cable Commenters Reply Comments at 17. ACA Comments at 7-8; OPASTCO Reply Comments at 5.
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  • 532(g). 2005 Report, 21 FCC Rcd at 2512-14 �� 29-34. The Commission found that cable systems with 36 or more channels are available to 86.3 percent of occupied households and no commenter in the proceeding provided any conflicting data relevant to the first prong of the test. Id. at 2515 � 36. 47 U.S.C. �� 614(b), 615(b); 47 C.F.R. � 76.56. 47 C.F.R. � 76.64(f). 47 C.F.R. � 76.56; see also 47 C.F.R. � 76.55(c) (definition of a qualified local commercial television station). See 2005 Report, 21 FCC Rcd at 2584-85 �� 177-182. 47 U.S.C. � 543(b)(8). See also 47 C.F.R. � 76.921. This provision permits subscribers to purchase programming offered on a per-channel or per-program basis without first subscribing to
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  • Florida Power Co.,, 480 U.S. 245, 252 (1982) (citing Penn Cent. Transp. Co., 438 U.S. at 124 ). See also Yee, supra n. 26, 503 U.S. at 523; Pruneyard Shopping Ctr. v. Robins, 447 U.S. 74, 83 (1980). See 47 U.S.C. �� 534(b) and 535(b). Penn Cent. Transp. Co., supra n. 36, 438 U.S. at 124. See 47 C.F.R. � 76.56(b). Must-Carry Complaint at Exhibits B & C. Regardless of Cablevision's argument that WRNN's right to mandatory carriage did not vest until September 14, 2006, it is now clear that Cablevision should carry WRNN-DT on its systems pursuant to the WRNN-DT Modification Order, this Order, and our rules. See 47 C.F.R. �� 76.55, 76.61. See Opposition to Must-Cary Complaint at 5-7.
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  • the record, are ultimately adopted. F. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rules APPENDIX C Amended Rules Part 76 of Title 47 of the Code of Federal Regulations is amended as follows: Part 76 - Multichannel Video and Cable Television Service 1. The authority citation for Part 76 continues to read as follows: 2. Section 76.56 is amended by adding new subsections (d)(3), (d)(4) and (d)(5) and revising subsection (e) to read as follows: � 76.56 Signal carriage obligations. * * * * * (d) Availability of signals. * * * * * (3) The viewability and availability requirements of this section require that, after the broadcast television transition from analog to digital service for full
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  • prohibited from retransmitting the signal of any commercial broadcasting station without the express authority of the originating station. Exclusive retransmission consent agreements are prohibited. Initially, the exclusivity provisions were to sunset on Dec. 31, 2005, but the sunset of the exclusivity provisions was extended to Jan. 1, 2010, in SHVERA. 47 U.S.C. �� 534(b), 535(b). See also 47 C.F.R. � 76.56. Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (Nov. 29, 1999). 47 C.F.R. � 76.66. 47 C.F.R. � 76.64. 47 C.F.R. � 76.60. See, e.g., 2004 Report, 20 FCC Rcd at 2805 � 79; 2005 Report, 21 FCC Rcd at 2503 � 177. The Commission has determined that when a television station broadcasts only a digital signal, it
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  • See 2006 Report at � 43. Any false certification made to the Commission may be punished by fine and/or imprisonment under 18 U.S.C. � 1001. We also emphasize that any false information provided to the Commission pursuant to the requirements set forth above may be similarly punished under 18 U.S.C. � 1621. 47 U.S.C. �� 614(b), 615(b); 47 C.F.R. � 76.56. 47 C.F.R. � 76.64(f). 47 C.F.R. � 76.56; see also 47 C.F.R. � 76.55(c) (definition of a qualified local commercial television station). 47 C.F.R. � 76.971. 47 U.S.C. � 532(c)(4). 47 C.F.R. �� 76.970-977. See Adelphia Order. Commenters argued that Comcast's and Time Warner's increased subscribership as a result of the transactions will allow them, either unilaterally or in concert
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  • straightforward to count the number of television stations in a DMA,'' id. at 13789 � 428. Thus, use of DMAs facilitates application of the major media voices test, which for the reasons discussed below focuses exclusively on newspapers and television stations. In addition, television stations are generally seen throughout a DMA because of mandatory carriage requirements. See 47 C.F.R. � 76.56 (Cable) and � 76.66 (DBS). Information on television stations, radio stations, and newspapers is from BIA's Media Access Pro Database. We note that we are not able to make any adjustments for radio/television cross-ownership in any market. Major newspapers are newspapers that are published at least four days a week within the DMA and have a circulation exceeding 5 percent
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  • More than one-third of these counties are in DMAs that do not have any stations assigned by Nielsen from the home state. See R.R. Bowker, Broadcasting & Cable Yearbook 2008, B-146-230 (2007). 47 U.S.C. � 534(b)(5). See 47 U.S.C. �� 535(b)(3)(C) and 535(e). See Cable Must Carry Order, 8 FCC Rcd at 2979-81 �� 55-56. See also 47 C.F.R. � 76.56(b)(4)(ii). We note that there is nothing in the statute that would preclude a cable operator from carrying duplicating stations and considering both stations as local. See, e.g., 47 U.S.C. �� 533(b)(3)(C), 535(e). The statute merely provides that the cable system is not required to carry both. For example, under our current rule, several cable systems serving subscribers in Indiana are
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  • Report and Order, 10 FCC Rcd 7364 (1995). Time Warner II, 240 F.3d at 1137-39. 2001 Further Notice, 16 FCC Rcd at 17350-51 � 81. Id. Id. Id. at 17351-52 � 83. See, e.g., AT&T Comments to the 2001 Further Notice at 50-54. See id. at 50-51; Comcast Comments to the 2001 Further Notice at 25-28. See 47 C.F.R. � 76.56. See 47 C.F.R. � 76.701. Time Warner Comments to the 2001 Further Notice at 35-37 (citing 47 U.S.C. � 536(a)(3); 47 C.F.R. �76.1301(c)). Cablevision Comments to the 2001 Further Notice at 7-10; NCTA Comments to the 2001 Further Notice at 21. Cablevision Comments to the 2001 Further Notice at 7-9. See Hearing on Completing the Digital Transition Before the S.
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  • of the transition on Feb. 17, 2009. The pending petitions for reconsideration of the First Report and Order request reconsideration of this down-conversion option. We will address the merits of those arguments in a separate order. 8 FCC Rcd 2965, 2974. See Analog Must Carry Report and Order, 8 FCC Rcd at 2974, para. 34; see also 47 C.F.R. � 76.56(d). See First Report and Order, 16 FCC Rcd at 2602, para. 7. First Report and Order, 16 FCC Rcd at 2632, para. 79. See Second Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, 19 FCC Rcd 18279, 18282, para. 5 (2004). See 47 C.F.R. � 1.1206(b). See id., � 1.1206(b)(2). See 5 U.S.C. �
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-193A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-193A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-193A1.txt
  • it referenced an ``original digital format'', it was intended to refer to the original HD format, not an SD format. Viewability Order, 22 FCC Rcd at 21071. See Id. at 21071, � 18 (requiring carriage of must carry stations' signals down-converted to analog for analog subscribers and allowing only carriage in digital format for all-digital systems), and 47 C.F.R. � 76.56(d)(3). NCTA Comments at 12. NAB and MSTV Reply at 5. Viewability Order at para 37. RICA reply at 4. OPASTCO reply at 2-3. Charter May 6, 2008 ex parte. NAB and MSTV reply at 7. Prior to the release of this Report and Order, Mid-State Community TV, Inc. filed a petition for a waiver of the requirement to carry HD
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-224A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-224A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-224A1.txt
  • stations will have the same carriage rights for their digital signals as they currently have for their analog signals. In addition, WKFK wants low-power stations to have the same downconversion option for their digital-only signals as digital-only full-power stations have for their digital signals. Applicability of 76.55(d) to Low Power Digital Broadcasters Under Section 614(c) of the Act and Section 76.56(b)(3) of our Rules, a cable operator is, in some circumstances, required to carry the signal of one or two ``qualified low power stations.'' Like full-power commercial broadcast stations, low-power stations can earn must-carry status with regard to a specific cable system by conforming to a series of requirements (laid out in Section 614(h)(2) of the Act). As noted above, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-186A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-186A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-186A1.txt
  • adopted a digital contour that is equivalent to the Grade A contour, which is currently used for purposes of determining compliance with the radio/television and the newspaper/television ownership rules. For further discussion on digital contours, see id. at 6116-18, �� 102-03. Id. at 6111, 6116-18, �� 83, 101-05. NAB Comments at 94. Grant Group Comments at 14-16. 47 C.F.R. � 76.56. 2002 Biennial Review Order, 18 FCC Rcd at 13725, � 276. Id. at 13712-13, 13720, �� 239, 258-60. We recognize however, that radio Metros and DMAs are not similar geographic market definitions to the extent that only television stations may rely on MVPD carriage to extend their coverage beyond their signal contour to an entire DMA service area. That is
• 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
  • to allocate more spectrum to mobile broadband pursuant to Recommendation 5.8.5 of the National Broadband Plan (collectively, ``Stations''), Comcast shall carry the applicable programming stream(s) of such Stations as follows: For Stations that are carried on Comcast cable systems as of December 31, 2010 pursuant to the signal carriage obligations for such Stations, as set forth in 47 C.F.R. � 76.56(a), Comcast shall continue to carry any such Stations, in digital format, on such cable systems. For Stations carried on Comcast cable systems as of December 31, 2010 pursuant to digital carriage agreements between the Station and Comcast, including but not limited to for purposes of this Condition, the agreement between the National Cable & Telecommunications Association (``NCTA'') and (i) the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-65A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-65A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-65A1.txt
  • 746 (2010). By rivalry, we mean competition among participants in the same product and geographic market. Although a consumer typically selects one MVPD, the rivalry among MVPD firms for that consumer does not end because the consumer can switch MVPDs where more than one is available. See 47 C.F.R. �� 76.1000-1004. See 47 C.F.R. �� 76.1300-1302. See 47 C.F.R. � 76.56. See 47 C.F.R. � 76.64. See 47 U.S.C. � 541; 47 C.F.R. � 76.41. See 47 C.F.R. � 76.2000. See 47 C.F.R. �� 76.801-806. See 47 C.F.R. � 76.1602. See 47 C.F.R. � 76.701. See 47 C.F.R. � 76.501, 47 C.F.R. � 76.503. A franchising authority may require a cable operator to use channel capacity for public, educational, or governmental
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-18A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-18A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-18A1.txt
  • of preserving the benefits of free, over-the-air local broadcast television for analog cable subscribers and over-the-air viewers alike, and promoting the widespread dissemination of information from a multiplicity of sources. In order to ensure that digital signals would be actually viewable by all subscribers, the Commission adopted a two-part rule and allowed systems to choose how they would comply. Section 76.56(d)(3) of the Commission's rules provides: (3) The viewability and availability requirements of this section require that, after the broadcast television transition from analog to digital service for full power television stations cable operators must either: (i) Carry the signals of commercial and non-commercial must-carry stations in analog format to all analog cable subscribers, or (ii) For all-digital systems, carry those
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-45A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-45A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-45A1.txt
  • share a television channel and that possessed carriage rights under section 338, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 338; 534; 535) on November 30, 2010, shall have, at its shared location, the carriage rights under such section that would apply to such station at such location if it were not sharing a channel. 2. Section 76.56 is revised as follows: � 76.56 Signal carriage obligations. * * * (g) Channel Sharing Carriage Rights. A broadcast television station that voluntarily relinquishes spectrum usage rights under Section 73.3700 of this Part in order to share a television channel and that possessed carriage rights under section 338, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 338;
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-59A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-59A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-59A1.txt
  • the viewers' options to ensure continued access to the station's programming. We believe effective consumer outreach, particularly during the six-month transition period, will greatly minimize the impact that sunset of our viewability rule may have on consumers and must-carry stations. We remind cable operators that the sunset of our viewability rule does not otherwise affect the must-carry requirements of Section 76.56 of our rules. Cable operators providing digital cable service must continue to carry local broadcast stations electing mandatory carriage, including in HD format when broadcast in such format, and cable operators providing only analog cable service (no digital service) must continue to carry local broadcast stations electing mandatory carriage in analog format. By allowing our current viewability rule to sunset,
• http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • TV, Inc. v. FCC, 768 F.2d 1434 (D.C. Cir. 1985) (striking down the Commission's 1972 must carry rules set forth in 36 FCC 2d 3 (1972)); Century Communications Corp. v. FCC, 835 F.2d 292 (D.C. Cir. 1987) (striking down the Commission's 1986 must carry rules set forth in 1 FCC Rcd 864 (1986)). 1147 U.S.C. ��534 and 535; 47 C.F.R. �76.56. 1247 U.S.C. �325(b); 47 C.F.R. �76.56. The legislative history accompanying the retransmission consent section makes clear that stations which elect to require retransmission consent from a cable system will not have signal carriage rights under Section 614 on that cable system for the duration of the stations' election. H.R. Rep. 102-862, 102d Cong., 2d Sess. 76 (1992). Moreover, the election
• http://transition.fcc.gov/Bureaus/Cable/Notices/2000/fc00004b.doc
  • delete the duplicating network programming of any television broadcast station which is significantly viewed in the cable television community pursuant to � 76.54. (g) A community unit is not required to delete the duplicating network programming of any qualified NCE television broadcast station that is carried in fulfillment of the cable television system's mandatory signal carriage obligations, pursuant to � 76.56. Note: With respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined
• http://transition.fcc.gov/Bureaus/Cable/Notices/2000/fcc00004.doc http://transition.fcc.gov/Bureaus/Cable/Notices/2000/fcc00004.txt
  • are permitted to assert protection in accordance with their contractual rights. See 47 C.F.R. � 76.93. For a full explanation of the notification rules see In re Amendment of Parts 73 and 76 of the Commission's Rules relating to program exclusivity in the cable and broadcast industries, Report and Order, 3 FCC Rcd 5299, 5315 (1988). 47 C.F.R. �� 76.92(g), 76.56; see also 47 C.F.R. � 73.621 (general description of noncommercial educational stations). See 47 C.F.R. �� 76.95(a), 76.156(b); see also Program Exclusivity Order, 3 FCC Rcd. at 5314 (1988). In addition, a cable operator need not black out the syndicated programming of an otherwise distant station if that station's grade B signal encompasses the relevant cable community. See 47 C.F.R.
• 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
  • Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385 (1992). See 47 U.S.C. � 613(f). Under our cable rules, the term subscriber means a ``member of the general public who receives broadcast programming distributed by a cable television system and does not further distribute it.'' 47 C.F.R. � 76.5(ee). See 47 C.F.R. � 76.62. 47 C.F.R. � 76.56(e). See In re Carriage of the Transmission of Digital Television Broadcast Stations, CS Docket No. 98-120, Notice of Proposed Rulemaking, 13 FCC Rcd 15092, 15129 � 82 (1998); In re Petition for Special Relief of Gemstar, CSR-5528-Z (filed March 16, 2000). See In re SHVIA: Retransmission Consent Issues: Good Faith Negotiations and Exclusivity, CS Docket No. 99-363, Report and Order,
• http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.doc http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.txt
  • file complaints with the Commission against cable operators for non-compliance with Sections 614 and Section 615. In addition, both cable operators and television stations may file petitions with the Commission to either expand or contract a commercial television station's market for broadcast signal carriage purposes. These statutory requirements were implemented by the Commission in 1993, and are reflected in Sections 76.56-64 of the Commission's rules. In a recent Memorandum Opinion and Order regarding band-clearing of the 700 MHz spectrum (``700 MHz Order''), the Commission reiterated that cable carriage can play an important role as an alternative distribution channel during the transition period by providing continued service to viewers who would otherwise be deprived of broadcast service. Although the Commission stated that
• http://transition.fcc.gov/Bureaus/Engineering_Technology/Reports/fcc00454.doc http://transition.fcc.gov/Bureaus/Engineering_Technology/Reports/fcc00454.pdf http://transition.fcc.gov/Bureaus/Engineering_Technology/Reports/fcc00454.txt
  • to consider the percentage based on the total number of U.S. households, both with or without television sets, or based upon the total number of housing units, including both occupied and unoccupied units. Using these bases the estimate ranges as low as 81% cable availability. Id. at n. 62. See 47 U.S.C. ��534 and 535. 47 U.S.C. �534(b)(1)(B); 47 C.F.R. �76.56(b)(2). A cable operator of a cable system with 12 or fewer usable activated channels shall carry the signals of at least three local commercial television stations, except that if such a system has 300 or fewer subscribers, it shall not be subject to any requirements under this section so long as such system does not delete from carriage by that
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.txt
  • is not a successor regulation to Part 74. PAI Petition at 4, note 1. However, we agree with NCTA that the new Part 73 rules for Class A stations are more properly viewed as ``successor regulations'' for the group of Class A LPTV stations previously regulated under Part 74. See NCTA Opposition at 3-4. 47 U.S.C. � 534(h)(2). Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set aside under the Act shall carry at least one qualified LPTV station. See, e.g., Central Ohio Association of Christian Broadcasters, Inc. v. Time Warner Cable, DA 00-2632, 2000 WL 1727376 (Chief, Consumer Protection and Competition Division,
• http://transition.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • the system that is not on the basic service tier and for which the operator does not charge a per- channel or per-program basis.64 Most of the programming carried on the CPST is advertiser-supported national and regional cable origination networks. Subscribers do 59 47 U.S.C. � 543(b)(7); 47 C.F.R. � 76.901(a). 60 47 U.S.C. � 534(a), (b)(1), 47 C.F.R � 76.56(b) (obligations to carry local commercial stations); 47 U.S.C. � 535(a), (b); 47 C.F.R. � 76.56(a) (obligations to carry qualified noncommercial stations). Under these statutory provisions and the Commission's rules, commercial broadcast television stations may elect whether they will be carried by local cable television systems. 47 U.S.C. � 325(b)(3)(B); 47 C.F.R. � 76.64(f). The must carry provisions of the 1992
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • later clarified the broadcast signal carriage requirements. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, Order, 8 FCC Rcd 4142 (1993) (Clarification Order); Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). 309 47 U.S.C. �� 534, 535; see also 47 C.F.R. � 76.56. 310 47 U.S.C. � 614. 311 A headend is the originating point of a signal in cable TV systems. The principal headend is the headend, in the case of a cable system with a single headend. In the case of a cable system with more than one headend, the principal headend is designated by the cable operator. See 47 C.F.R.
• http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.pdf http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.txt http://www.fcc.gov/Bureaus/Cable/Notices/1998/fcc98153.wp
  • TV, Inc. v. FCC, 768 F.2d 1434 (D.C. Cir. 1985) (striking down the Commission's 1972 must carry rules set forth in 36 FCC 2d 3 (1972)); Century Communications Corp. v. FCC, 835 F.2d 292 (D.C. Cir. 1987) (striking down the Commission's 1986 must carry rules set forth in 1 FCC Rcd 864 (1986)). 1147 U.S.C. ��534 and 535; 47 C.F.R. �76.56. 1247 U.S.C. �325(b); 47 C.F.R. �76.56. The legislative history accompanying the retransmission consent section makes clear that stations which elect to require retransmission consent from a cable system will not have signal carriage rights under Section 614 on that cable system for the duration of the stations' election. H.R. Rep. 102-862, 102d Cong., 2d Sess. 76 (1992). Moreover, the election
• http://www.fcc.gov/Bureaus/Cable/Notices/1999/fcc99406.doc
  • FCC Rcd 2965 (1993). The Commission later clarified these rules. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, Order, 8 FCC Rcd 4142 (1993) (``Clarification Order''). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). See 47 U.S.C. � 543; 47 C.F.R. � 76.56. A cable operator is required to set aside a portion of its channel capacity for the benefit of local broadcasters electing must carry status and must honor such elections subject to certain conditions set forth in the 1992 Cable Act and the Commission's rules. 47 C.F.R. �76.64. A broadcaster that elects retransmission consent status is entitled to carriage on the
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/fc00004b.doc
  • delete the duplicating network programming of any television broadcast station which is significantly viewed in the cable television community pursuant to � 76.54. (g) A community unit is not required to delete the duplicating network programming of any qualified NCE television broadcast station that is carried in fulfillment of the cable television system's mandatory signal carriage obligations, pursuant to � 76.56. Note: With respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00004.doc http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00004.txt
  • are permitted to assert protection in accordance with their contractual rights. See 47 C.F.R. � 76.93. For a full explanation of the notification rules see In re Amendment of Parts 73 and 76 of the Commission's Rules relating to program exclusivity in the cable and broadcast industries, Report and Order, 3 FCC Rcd 5299, 5315 (1988). 47 C.F.R. �� 76.92(g), 76.56; see also 47 C.F.R. � 73.621 (general description of noncommercial educational stations). See 47 C.F.R. �� 76.95(a), 76.156(b); see also Program Exclusivity Order, 3 FCC Rcd. at 5314 (1988). In addition, a cable operator need not black out the syndicated programming of an otherwise distant station if that station's grade B signal encompasses the relevant cable community. See 47 C.F.R.
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00195.doc
  • 8 FCC Rcd 2965 (1993). The Commission later clarified these rules. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, Order, 8 FCC Rcd 4142 (1993) (``Clarification Order''). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). 47 U.S.C. ��534 and 535; 47 C.F.R. �76.56. See 47 C.F.R. �76.55(e). But see, Section C below concerning the new local receive facility requirement contained in Section 338. See, e.g., 47 U.S.C. �535(l)(2) (``The term `qualified local noncommercial educational television station' means a qualified noncommercial educational television station-(A) which is licensed to a principal community whose reference point. . . .is within 50 miles of the principal headend
• 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
  • Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385 (1992). See 47 U.S.C. � 613(f). Under our cable rules, the term subscriber means a ``member of the general public who receives broadcast programming distributed by a cable television system and does not further distribute it.'' 47 C.F.R. � 76.5(ee). See 47 C.F.R. � 76.62. 47 C.F.R. � 76.56(e). See In re Carriage of the Transmission of Digital Television Broadcast Stations, CS Docket No. 98-120, Notice of Proposed Rulemaking, 13 FCC Rcd 15092, 15129 � 82 (1998); In re Petition for Special Relief of Gemstar, CSR-5528-Z (filed March 16, 2000). See In re SHVIA: Retransmission Consent Issues: Good Faith Negotiations and Exclusivity, CS Docket No. 99-363, Report and Order,
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992683.doc
  • Washington County, New York. An opposition to this complaint was filed on behalf of Time Warner to which WVBG-LP has replied. WVBG-LP subsequently filed a supplement to its complaint which Time Warner opposed. BACKGROUND Section 614(a) of the Communications Act of 1934, as amended, requires the carriage of ``qualified'' low power television (``LPTV'') stations in certain limited circumstances. Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set aside shall carry at least one qualified LPTV station. Thus, if a cable system is carrying its full complement of commercial full power stations, it need not carry an LPTV station. An LPTV station that conforms
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000226.doc
  • filed a must carry complaint against Helicon Cablevision (``Helicon''), for its failure to carry W35AW on its system serving various communities in Greene County, Pennsylvania. No opposition to this complaint has been received. BACKGROUND Section 614(a) of the Communications Act of 1934, as amended, requires the carriage of ``qualified'' low power television (``LPTV'') stations in certain limited circumstances. Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set-aside shall carry at least one qualified LPTV station. Thus, if a cable system is carrying its full complement of commercial full power stations, it need not carry an LPTV station. An LPTV station that conforms to
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000340.doc
  • complaint filed by Gary M. Cocola, licensee of KGMC(TV), Clovis, California, IS GRANTED. Northland Cable Television IS ORDERED to commence carriage of KGMC(TV) within sixty (60) days after KGMC(TV) provides a good quality signal to Northland's Cable Television's headends. IT IS FURTHER ORDERED that KGMC(TV) shall notify Northland Cable Television in writing of its carriage and channel position elections (�� 76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release of this Order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 47 U.S.C. � 534. 47 C.F.R. �� 76.7, 76.61(a). At the relevant headends, the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000387.doc
  • KZJL-TV within sixty (60) days from the date that KZJL provides a good quality signal at Falcon's principal headends in West Columbia, Wharton, Palacios, and Texas. KZJL shall notify Falcon in writing of its carriage and channel position elections on Falcon's cable systems served by those principal headends within 30 days of providing a good quality signal, 47 C.F.R. �� 76.56, 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by � 0.321, 47 C.F.R.� 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 47 C.F.R. � 76.7 and 47 C.F.R. � 76.61. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000391.doc
  • on its systems serving Columbiana County, Ohio, Beaver County, Pennsylvania, and Brooke and Hancock Counties, West Virginia. An opposition to this petition was filed on behalf of AT&T to which W66BQ has replied. BACKGROUND Section 614(a) of the Communications Act of 1934, as amended, requires the carriage of ``qualified'' low power television (``LPTV'') stations in certain limited circumstances. Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set-aside shall carry at least one qualified LPTV station. Thus, if a cable system is carrying its full complement of commercial full power stations, it need not carry an LPTV station. An LPTV station that conforms to
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000499.doc
  • rights. WTXL-TV points out that in Diversified Broadcasting, Inc. the Bureau premised its grant of WCJB's modification request on the express understanding that such modification would not affect WTXL-TV's right to carriage. In view of this, WTXL-TV argues that Time Warner should be required to carry WTXL-TV and, to the extent necessary, the Bureau should grant a waiver of Section 76.56(b)(5) of its rules to exclude Live Oak from the Gainesville DMA for purposes of WTXL-TV's carriage. WCJB argues that Section 614(h)(1)(C) of the Communications Act allows the Commission to modify a television station's market to include additional communities provided that certain criteria are met. WCJB states that in Diversified it requested such modification and the Bureau granted its request based
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000505.doc
  • the signal, WRXY-TV, within sixty (60) days from the date that WRXY provides a good quality signal at Adelphia's principal headends serving the Fort Myers-Naples DMA. WRXY shall notify Adelphia in writing of its carriage and channel position elections on Adelphia's cable systems served by those principal headends within 30 days of providing a good quality signal, 47 C.F.R. �� 76.56, 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by � 0.321, 47 C.F.R.� 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 47 C.F.R. � 76.7 and 47 C.F.R. � 76.61. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000720.doc
  • Inc. and UACC Midwest, Inc. ARE ORDERED to commence carriage of KGMC(TV) within sixty (60) days after KGMC(TV) provides a good quality signal to Televents of San Joaquin, Inc.'s and UACC Midwest's headends. IT IS FURTHER ORDERED that KGMC(TV) shall notify Televents of San Joaquin, Inc. and UACC Midwest, Inc. in writing of its carriage and channel position elections (�� 76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of providing a good quality signal. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 47 U.S.C. � 534. 47 C.F.R. �� 76.7, 76.61(a). The relevant communities in California
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000853.doc
  • 614(d)(3) of the Communications Act of 1934, as amended (47 U.S.C. �534). Community Cable Television IS ORDERED to commence carriage of WHOT-TV on its Ellijay, Nelson and Jasper, Georgia cable systems sixty (60) days from the release date of this order. IT IS FURTHER ORDERED that WHOT-TV shall notify Community Cable in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000854.doc
  • Cable Management, Inc. IS ORDERED to commence carriage of KZJL on its cable systems serving the communities of Sealy, Hempstead, Angleton, Danbury, Bailey's Prairie Village, Bellville, and unincorporated Brazoria County, Texas, sixty (60) days from the release date of this order. IT IS FURTHER ORDERED that KZJL shall notify Cable Management in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000905.doc
  • amended (47 U.S.C. �534). InterMedia IS ORDERED to commence carriage of WHOT-TV on its Grantville, Powder Springs and Peachtree City, Georgia cable systems sixty (60) days from the date that WHOT-TV delivers a good quality signal to its cable systems' principal headends. IT IS FURTHER ORDERED that WHOT-TV shall notify InterMedia in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the date in which it provides a good quality signal. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000982.doc
  • Inc. IS ORDERED to commence carriage of KPCB on its cable systems serving Brownwood, Bands, Baird, Clyde, Cross Plains, Rising Star, and Santa Ana, Texas, sixty (60) days from the date that KPCB provides a good quality signal at Brownwood's principal headends. IT IS FURTHER ORDERED that KPCB shall notify Brownwood in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of providing a good quality signal. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Deborah Klein, Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001086.doc
  • Internet Services (``AT&T''), for its failure to carry W66BQ on its Midland and Carnegie, Pennsylvania cable systems. An opposition to this petition was filed on behalf of AT&T to which W66BQ has replied. BACKGROUND Section 614(a) of the Communications Act of 1934, as amended, requires the carriage of ``qualified'' low power television (``LPTV'') stations in certain limited circumstances. Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set-aside shall carry at least one qualified LPTV station. Thus, if a cable system is carrying its full complement of commercial full power stations, it need not carry an LPTV station. An LPTV station that conforms to
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001178.doc
  • U.S.C. �534). Comcast Cablevision of Groton, Inc. IS ORDERED to commence carriage of WHCT-TV on its cable system serving the communities of Groton, Ledyard, Stonington, Voluntown, North Stonington and New London, Connecticut, sixty (60) days from the release date of this order. IT IS FURTHER ORDERED that WHCT-TV shall notify Comcast in writing of its carriage and channel position elections (��76.56, 76.57, and 76.64(f) of the Commission's rules) within thirty (30) days of the release date of this order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven Broeckaert, Acting Chief Consumer Protection and Competition Division Cable Services Bureau 8 FCC Rcd 2965, 1976-2977 (1993). Section 614(h)(1)(C) of the Communications Act,
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001230.doc
  • (C.S.B. rel. September 16, 1999). Complaint at 6. Id. at 4. Id. at 4. Id. Cablevision asserts that additional signal strength testing it conducted at the Cleveland Heights headend in January and February 2000 confirmed that WGGN does not meet the Commission's rules signal strength requirements. Id. at 2. Id. at 5-6. Cablevision points out that Section 76.55 and Section 76.56 of the Commission's rules (47 C.F.R. � 76.55 and 47 C.F.R. � 76.56) require that television broadcast stations seeking mandatory carriage deliver a signal level of -45dBm for UFH signals or -49dBm for VHF signals. Or in the alternative, to deliver a good quality signal to the cable system's principal headend with specialized equipment, at the station's own expense. Id.
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001646.doc
  • a must carry complaint against Charter Cable (``Charter''), for its failure to carry WWCI-LP on its system serving various communities in Indian River County, Florida. No opposition to this complaint has been received. BACKGROUND Section 614(a) of the Communications Act of 1934, as amended, requires the carriage of ``qualified'' low power television (``LPTV'') stations in certain limited circumstances. Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set aside shall carry at least one qualified LPTV station. Thus, if a cable system is carrying its full complement of commercial full power stations, it need not carry an LPTV station. An LPTV station that conforms
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001776.doc
  • 1995); accord Omnipoint Corp. v. FCC, 78 F. 2d 620, 633-634 (D.C. Cir. 1996)(``When Congress directs an agency to consider certain factors, the agency simply ``must reach an express and considered conclusion about the bearing of a factor, but is not required to give any specific weight to it.'') 47 C.F.R. �76.54. 47 C.F.R. �76.54(b). 47 C.F.R. �76.54(d). 47 C.F.R. �76.56(b)(4)(ii). 47 C.F.R. ��0.321 and 1.106. (...continued from previous page) (continued...) Federal Communications Commission DA 00-1776 Federal Communications Commission DA 00-1776 @& 0 0 V ^ � �
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001874.doc
  • the communities located in Loudoun County, Virginia (the ``Loudoun Communities''). D P Media filed an opposition. II. DISCUSSION Benchmark seeks reconsideration of D P Media with respect to the Loudoun Communities for two reasons. First, Benchmark argues that the Bureau placed undue emphasis on the Grade B contour coverage of television station WWPX. Second, Benchmark argues that, pursuant to Section 76.56(b)(5) of the Commission's rules, it is not required to carry WWPX because the cable system already carries WPXW, an affiliated television station under common ownership with WWPX. Benchmark maintains that both television stations are owned and operated by Paxson Communications Corporation (``Paxson''). Benchmark previously raised the issue of WWPX's Grade B contour in its opposition to D P Media's petition
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01022.txt
  • file complaints with the Commission against cable operators for non-compliance with Sections 614 and Section 615. In addition, both cable operators and television stations may file petitions with the Commission to either expand or contract a commercial television station's market for broadcast signal carriage purposes. These statutory requirements were implemented by the Commission in 1993, and are reflected in Sections 76.56-64 of the Commission's rules. In a recent Memorandum Opinion and Order regarding band-clearing of the 700 MHz spectrum (``700 MHz Order''), the Commission reiterated that cable carriage can play an important role as an alternative distribution channel during the transition period by providing continued service to viewers who would otherwise be deprived of broadcast service. Although the Commission stated that
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref02.pdf
  • 44.68 46.69 46.69 46.69 48.94 49.50 50.64 50.16 D.C. Washington 35.20 35.34 36.23 35.96 35.96 33.97 36.03 37.97 35.33 36.34 36.34 36.28 Florida Miami 86.87 80.18 88.30 89.15 87.93 81.38 81.40 81.47 82.37 82.37 83.01 80.64 Florida Tampa 79.88 80.18 81.40 52.77 52.77 65.41 71.06 71.06 71.21 71.21 74.85 73.19 Florida West Palm Beach 82.25 80.80 81.55 82.38 81.21 75.06 76.56 76.70 76.14 76.14 77.49 77.01 Georgia Albany 63.39 66.87 62.50 63.07 63.10 63.10 65.08 65.08 67.99 67.99 68.51 68.51 Georgia Atlanta 79.27 84.99 84.99 84.99 85.02 93.31 93.35 94.41 95.36 95.36 96.14 96.23 Hawaii Honolulu 60.64 61.93 61.90 65.10 66.30 69.14 71.61 76.60 76.60 76.81 76.81 79.68 Illinois Chicago 35.31 35.34 35.01 34.85 34.84 32.83 32.63 33.31 35.82 37.43 36.80
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref03.pdf
  • 50.64 50.77 49.33 District of Columbia Washington 35.20 35.34 36.23 35.96 35.96 33.97 36.03 37.97 35.33 36.34 36.34 37.22 40.32 Florida Miami 86.87 80.18 88.30 89.15 87.93 81.38 81.40 81.47 82.37 82.37 83.01 81.28 80.90 Florida Tampa 79.88 80.18 81.40 52.77 52.77 65.41 71.06 71.06 71.21 71.21 74.85 73.92 73.60 Florida West Palm Beach 82.25 80.80 81.55 82.38 81.21 75.06 76.56 76.70 76.14 76.14 77.49 77.66 65.48 Georgia Albany 63.39 66.87 62.50 63.07 63.10 63.10 65.08 65.08 67.99 67.99 68.51 69.11 69.16 Georgia Atlanta 79.27 84.99 84.99 84.99 85.02 93.31 93.35 94.41 95.36 95.36 96.14 95.33 97.25 Hawaii Honolulu 60.64 61.93 61.90 65.10 66.30 69.14 71.61 76.60 76.60 76.81 76.81 81.55 81.58 Illinois Chicago 35.31 35.34 35.01 34.85 34.84 32.83 32.63
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref98.pdf
  • Ansonia 39.30 40.29 40.29 47.86 47.95 49.53 49.53 49.53 Connecticut Norwalk 42.80 44.37 43.65 44.49 44.68 46.69 46.69 46.69 District of ColumbiaWashington 35.20 35.34 36.23 35.96 35.96 33.97 36.03 37.97 Florida Miami 86.87 80.18 88.30 89.15 87.93 81.38 81.40 81.47 Florida Tampa 79.88 80.18 81.40 52.77 52.77 65.41 71.06 71.06 Florida West Palm Beach 82.25 80.80 81.55 82.38 81.21 75.06 76.56 76.70 Georgia Albany 63.39 66.87 62.50 63.07 63.10 63.10 65.08 65.08 Georgia Atlanta 79.27 84.99 84.99 84.99 85.02 93.31 93.35 94.41 Hawaii Honolulu 60.64 61.93 61.90 65.10 66.30 69.14 71.61 76.60 Illinois Chicago 35.31 35.34 35.01 34.85 34.84 32.83 32.63 33.31 Illinois Decatur 42.44 42.46 42.30 38.74 38.73 36.67 36.43 37.11 Illinois Rock Island 43.21 43.12 42.93 39.36 39.35 37.30
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
  • 47.95 49.53 49.53 49.53 49.59 Connecticut Norwalk 42.80 44.37 43.65 44.49 44.68 46.69 46.69 46.69 46.64 District of ColumbiaWashington 35.20 35.34 36.23 35.96 35.96 33.97 36.03 37.97 35.96 Florida Miami 86.87 80.18 88.30 89.15 87.93 81.38 81.40 81.47 82.67 Florida Tampa 79.88 80.18 81.40 52.77 52.77 65.41 71.06 71.06 71.21 Florida West Palm Beach 82.25 80.80 81.55 82.38 81.21 75.06 76.56 76.70 76.44 Georgia Albany 63.39 66.87 62.50 63.07 63.10 63.10 65.08 65.08 67.71 Georgia Atlanta 79.27 84.99 84.99 84.99 85.02 93.31 93.35 94.41 95.62 Hawaii Honolulu 60.64 61.93 61.90 65.10 66.30 69.14 71.61 76.60 76.60 Illinois Chicago 35.31 35.34 35.01 34.85 34.84 32.83 32.63 33.31 34.84 Illinois Decatur 42.44 42.46 42.30 38.74 38.73 36.67 36.43 36.54 38.73 Illinois Rock Island
• http://www.fcc.gov/Bureaus/Engineering_Technology/Reports/fcc00454.doc http://www.fcc.gov/Bureaus/Engineering_Technology/Reports/fcc00454.pdf http://www.fcc.gov/Bureaus/Engineering_Technology/Reports/fcc00454.txt
  • to consider the percentage based on the total number of U.S. households, both with or without television sets, or based upon the total number of housing units, including both occupied and unoccupied units. Using these bases the estimate ranges as low as 81% cable availability. Id. at n. 62. See 47 U.S.C. ��534 and 535. 47 U.S.C. �534(b)(1)(B); 47 C.F.R. �76.56(b)(2). A cable operator of a cable system with 12 or fewer usable activated channels shall carry the signals of at least three local commercial television stations, except that if such a system has 300 or fewer subscribers, it shall not be subject to any requirements under this section so long as such system does not delete from carriage by that
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.txt
  • is not a successor regulation to Part 74. PAI Petition at 4, note 1. However, we agree with NCTA that the new Part 73 rules for Class A stations are more properly viewed as ``successor regulations'' for the group of Class A LPTV stations previously regulated under Part 74. See NCTA Opposition at 3-4. 47 U.S.C. � 534(h)(2). Under Section 76.56(b)(3) of the Commission's rules, promulgated pursuant to Section 614, a cable system that has insufficient full power television stations to reach its channel set aside under the Act shall carry at least one qualified LPTV station. See, e.g., Central Ohio Association of Christian Broadcasters, Inc. v. Time Warner Cable, DA 00-2632, 2000 WL 1727376 (Chief, Consumer Protection and Competition Division,
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-278963A1.html
  • 1.80, and the statutory factors to the instant case, we conclude that RCN is apparently liable for a $4,000 forfeiture. 8. Section 76.1709(a) of the Commission's Rules requires that every cable television system shall maintain for public inspection a file containing a list of all broadcast television stations carried by its system in fulfillment of the must-carry requirements provided in Sec.76.56 of the Rules. The must-carry list must include the call sign, community of license, broadcast channel number, and cable channel number. During an inspection on January 4, 2007, an agent found that RCN did not maintain an updated Must-Carry List in its public inspection file. During a re-inspection of the public inspection file on July 25, 2007, an agent found
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • acquisition is anticompetitive is determined in part by asking what alternatives are, or would be, available to customers in the event that prices increase or service deteriorates.'' Fox Comments, Owen Statement at 2-3. See 47 C.F.R. � 76.55(b)-(e) (defining local noncommercial educational television station, local commercial television station and television market for purposes of signal carriage obligations); 47 C.F.R. � 76.56 (signal carriage obligations). Randy Falco, President of NBC Television Network, argues that broadcasters have large sunk costs in programming and ownership of multiple stations at the local level enables broadcasters to amortize programming costs across more platforms. Bear Stearns Comments at 208-09. Sinclair Comments at 16, Exhibit 8 at 30-31. Alaska Comments at 3-4. Alaska contends that the current rule
• http://www.fcc.gov/mb/engineering/76print.html
  • conference. [7]76.9 Confidentiality of proprietary information. [8]76.10 Review. [9]76.11 Lockbox enforcement. Subpart B -- Registration Statements [10]76.29 Special temporary authority. Subpart C -- Federal-State/Local Regulatory Relationships [Reserved] Subpart D -- Carriage of Television Broadcast Signals [11]76.51 Major television markets. [12]76.53 Reference points. [13]76.54 Significantly viewed signals; method to be followed for special showings. [14]76.55 Definitions applicable to the must-carry rules. [15]76.56 Signal carriage obligations. [16]76.57 Channel positioning. [17]76.59 Modification of television markets. [18]76.60 Compensation for carriage. [19]76.61 Disputes concerning carriage. [20]76.62 Manner of carriage. [21]76.64 Retransmission consent. [22]76.65 Good faith and exclusive retransmission consent complaints. [23]76.66 Satellite broadcast signal carriage. [24]76.70 Exemption from input selector switch rules. Subpart E -- Equal Employment Opportunity Requirements [25]76.71 Scope of application. [26]76.73 General EEO
• http://www.fcc.gov/mb/engineering/part76.pdf
  • � 76.10 Review. � 76.11 Lockbox enforcement. Subpart B-Registration Statements � 76.29 Special temporary authority. Subpart C-Cable Franchise Applications � 76.41 Franchise application process. Subpart D-Carriage of Television Broadcast Signals � 76.51 Major television markets. � 76.53 Reference points. � 76.54 Significantly viewed signals; method to be followed for special showings. � 76.55 Definitions applicable to the must-carry rules. � 76.56 Signal carriage obligations. � 76.57 Channel positioning. � 76.59 Modification of television markets. � 76.60 Compensation for carriage. � 76.61 Disputes concerning carriage. � 76.62 Manner of carriage. � 76.64 Retransmission consent. � 76.65 Good faith and exclusive retransmission consent complaints. � 76.66 Satellite broadcast signal carriage. � 76.70 Exemption from input selector switch rules. Page 1of 243 Electronic Code
• http://www.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • the system that is not on the basic service tier and for which the operator does not charge a per- channel or per-program basis.64 Most of the programming carried on the CPST is advertiser-supported national and regional cable origination networks. Subscribers do 59 47 U.S.C. � 543(b)(7); 47 C.F.R. � 76.901(a). 60 47 U.S.C. � 534(a), (b)(1), 47 C.F.R � 76.56(b) (obligations to carry local commercial stations); 47 U.S.C. � 535(a), (b); 47 C.F.R. � 76.56(a) (obligations to carry qualified noncommercial stations). Under these statutory provisions and the Commission's rules, commercial broadcast television stations may elect whether they will be carried by local cable television systems. 47 U.S.C. � 325(b)(3)(B); 47 C.F.R. � 76.64(f). The must carry provisions of the 1992
• http://www.fcc.gov/transaction/att-comcast/comcast_appli022802.pdf
  • to deny carriage on the cable systems that it owns and operates because programmers can obtain carriage on cable systems under leased access regulations or by striking carriage deals with broadcast TV networks who, in turn, have carriage rights under "must carry" and retransmission consent regulations. See 47 U.S.C. �� 532, 534; 47 C.F.R. �� 76. 970, 76.971 (leased access); 76.56, 76.57 (must carry); and 76.64 (retransmission consent). AT&T Comcast similarly will not have the market power to control the price of its programming, another requirement for a successful distribution foreclosure strategy. Without the market power over the price of programming, foreclosure would just cause losses (from subscribers lost by the refusal to carry valuable programming) without any corresponding gains. Where,