FCC Web Documents citing 76.64

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

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  • 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 Act, as amended
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  • and by doing so will be eligible to carried by Adelphia when it provides a signal which meets the Commission's signal strength criteria, Finally, we do not agree with Adelphia that WWDP's failure to specifically state in its carriage request letter that it would be responsible for equipment costs would preclude the filing of the instant complaint. Sections 76.57(d) and 76.64(f) of the Commission's require only that stations electing or requesting must carry status notify the cable system of its election and of its choice of channel position. A station at that point would not know a signal quality problem existed unless it was informed in a letter of response from the cable operator. Adelphia failed to provide such information to
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  • 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 614(h)(1)(C) of the
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  • 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 Time Warner states
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  • 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) days of the
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  • 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 amended by the
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  • 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 amended by the
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  • 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 / 418-0500 Fax-On-Demand
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  • 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 1. 8 FCC
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  • 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 KBEH(TV). Id. 8
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  • negotiations. Thereafter, KXLA states that it timely filed its must carry complaint within the time limits prescribed by Section 76.61(a)(5)(ii) of the Commission's rules. KXLA notes that in Prime Time Christian Broadcasting, Inc., the Bureau held that, based upon the existence of on-going negotiations, an initial letter by a television broadcast station is considered an election notification, pursuant to Section 76.64(f) of the Commission's rules and not an actual demand for carriage, pursuant to Section 76.61(a) of the Commission's rules. KXLA states that by letter dated January 17, 2001 it notified all Charter headends within the Los Angeles DMA that, as a new station, it elected mandatory carriage of its signal, pursuant to Section 76.64(f)(4) of the Commission's rules. KXLA argues
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  • Assignment Changes Report reassigning Gillespie County, Texas to the San Antonio DMA. Joint Petition at 3. 47 C.F.R. §76.55(e)(1). Arbitron 1991-1992 Television ADI Market Guide, Volume 1 Abilene-Sweetwater-Laredo. 47 C.F.R. §76.55(e)(2). 47 C.F.R. §76.55(e)(2)(i); Modification Final Report and Order, 14 FCC Rcd 8366 (1999). Joint Petition at 2, Exhibit 4. The applicable DMA list for the 2002 election pursuant to §76.64(f) will be the DMA assignments specified in the 2000-2001 list, and so forth for each triennial election pursuant to §76.64(f). 47 C.F.R. §76.55(e)(2)(ii). It is worth noting that if the cable communities, Gillespie County and KBEJ-TV were all assigned to the San Antonio DMA, the instant petition would be moot. KBEJ-TV would be entitled to assert mandatory carriage rights on
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  • earlier date mischaracterizes the parties' earlier negotiations. We grant KRPV's complaint. First, with regard to the procedural issue, we do not agree with TCI that KRPV's complaint was untimely filed. Upon review, it is clear that KRPV's September 11, 1999 letter was strictly a must carry/retransmission consent election notification for the January 1, 2000 election period, as required by Section 76.64(f)(2) of the Commission's rules. The subsequent correspondence and telephone contacts between KRPV and TCI appear to be in the nature of negotiations for carriage and attempts to resolve any problems with regard to KRPV's signal quality. While TCI asserts that its August 7, 2000 letter was its formal denial of carriage, KRPV had not, at that point, made an actual
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  • 2001 letter, rather than its August 8, 2000 letter, triggered the start of the window within which to file a must carry complaint. First, the August 8, 2000 letter expressly ``request[ed] `must carry' for KIDT-LT [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.'' Second, nothing in Section 76.64(f) of the rules suggests that a change of network affiliation converts an existing station to a new station with new must carry rights or tolls the filing deadlines discussed herein, as suggested by Sage. Third, vague references to conversations between Sage and Brownwood personnel fail to establish that ongoing negotiations existed sufficient to require a different outcome, as in Prime
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  • 534(h)(1)(C). Section 76.55(e) of the Commission's rules, 47 C.F.R. § 76.55(e), requires that a commercial broadcast television station's market be defined by Nielsen Media Research's DMAs. 3 47 U.S.C. § 534(h)(1)(B)(iii), 47 C.F.R. § 76.55(c)(3). 4 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. 5 Complaint at 1-4. 6 Opposition at 1. 7 Reply at 1. 8 47 C.F.R. § 76.64(f). 9 Complaint at 4-5. 10 Complaint of San Jose Licensee, Inc. v. Viacom Cable, 11 FCC Rcd 2954, 2955 (1996). 11 See supra note 3. 12 Complaint, Exhibit C. 13 Complaint at 1-2. 14 See supra note 4. 15 See supra notes 4 and 8. 16 Opposition at 1-2. 17 Reply at 2-4. 18 47 U.S.C. § 534(d)(3). (...continued from
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  • Marion Township, Orleans, Orleans Township, Paoli, Paoli Township, and unincorporated areas of Lawrence and Orange Counties, Indiana, within sixty (60) days from the release date of this order. IT IS FURTHER ORDERED that WIPX shall notify Charter in writing of its channel position election within thirty (30) days of the release date of this order, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATION COMMISSION Mary Beth Murphy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the
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  • of WZPX on its cable system serving the communities of Bloomingdale, Cheshire, Lee and Van Buren, Michigan, within sixty (60) days from the release date of this order. IT IS FURTHER ORDERED that WZPX shall notify BCI in writing of its channel position election within thirty (30) days of the release date of this order, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATION COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by
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  • communities Sealy, Hempstead and Bellville, Texas and surrounding environs sixty (60) days from the date that KPXB provides a good quality signal the systems' principal headends. IT IS FURTHER ORDERED that KPX shall notify CMA in writing of its channel position election within thirty (30) days of the date it provides a good quality signal, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATION COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by
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  • KAZA's must carry complaint with respect to Adelphia's Ventura cable system, conditioned upon KAZA delivering a good quality signal to the Ventura system principal headend. Pappas demonstrated in its complaint that it notified Adelphia by letter dated May 22, 2001 of its proposed launch of KAZA on June 23, 2001 and of its must carry election in accordance with Section 76.64(f) of the Commission's rules. After providing Adelphia with information about subsequent proposed launch dates for KAZA by letters dated June 25, 2001 and July 28, 2001, Pappas notified Adelphia by letter dated September 7, 2001, of its failure to carry KAZA, pursuant to Section 76.61(a) of the Commission's rules, but received no response to that notice. Subsequently, Pappas' outside consultant
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  • Saddle Mountain, Williams and Yarnell, Arizona, sixty (60) days from the date KCFG provides a good quality signal to Eagle West's principal headends. IT IS FURTHER ORDERED that KCFG shall notify Eagle West in writing of its channel position election thirty (30) days after it provides a good quality signal to Eagle West's principal headends, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATION COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 02-818 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION April 10, 2002 Corrections to Part 76.64 Rules Pertaining to Retransmission Consent CS Docket No. 98-120 On January 18, 2001, the Commission adopted the First Report and Order, CS Docket No. 98-120 (FCC 01-22 (2001)). In the First Report and Order, the Commission adopted a final rule for carriage of digital television broadcast signals. A summary of the First Report and Order was published in the Federal
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  • KDCG-LP's complaint is also deficient in that it failed to serve the local television stations carried on the Cox systems in violation of Section 76.7 of the Commission's rules. Although KDCG-LP filed its complaint within 60 days of Cox's denial of its election of carriage, it should be noted that the Commission's rules contain a two-part must carry process. Section 76.64(f)(2) of the Commission's rules requires that television broadcast stations make an election between must carry and retransmission consent status every three years. This KDCG-LP did in its September 16, 2002 letter to Cox. Such a letter, however, is merely an election notice and not a demand for carriage pursuant to Section 76.61(a)(1) of the Commission's rules. Cox's September 26, 2002
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  • Nielsen Media Research. In support of its complaint, KXLA states that it is an authorized full-service UHF television station licensed to a community located within the Los Angeles DMA as are the communities served by Rand District. KXLA indicates that by letter dated September 27, 2002, it requested must carry status on the Rand District cable system, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period. KXLA states that Rand District denied this request on October 1, 2002 based on an unsupported declaration that it could not receive KXLA's signal with its present equipment. Rand District's October 1st letter stated that the system was, at present, financially unable to add the needed equipment due
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  • Nielsen Media Research. In support of its complaint, KXLA states that it is an authorized full-service UHF television station licensed to a community located within the Los Angeles DMA as are the communities served by Lone Pine. KXLA indicates that by letter dated September 27, 2002, it requested must carry status on the Lone Pine cable system, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period. KXLA states that Lone Pine denied this request on October 2, 2002 based on its inability to receive an adequate off-air signal from KXLA's Mt. Wilson transmitter site. KXLA states, however, that Lone Pine's denial failed to include any engineering showing to support its allegation of poor signal
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  • Hemet and Avalon, which are also in the Los Angeles DMA. Therefore, KJLA qualifies as a local station entitled to mandatory carriage in these communities. We grant KJLA's must carry complaint with respect to the cable systems at issue. KJLA demonstrates in its complaints that it timely notified the cable operators of its must carry elections in accordance with Section 76.64(f) of the Commission's rules. The cable operators have not challenged KJLA's recitation of the facts nor have they provided any affirmative defenses to carriage. The absence of opposition to KJLA's must carry complaints bolsters our conclusion that mandatory carriage is warranted. ordering clauses Accordingly, IT IS ORDERED, pursuant to Section 614 of the Communications Act of 1934, as amended, 47
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  • received by Liberty until September 12, 2002. Moreover, Liberty points out, in that second letter, WIDP refers back to its first letter alleging that Liberty was required to respond and/or commence carriage of its station within thirty days. Liberty states that, by its own wording, WIDP apparently intended that its first letter be both an election notice pursuant to Section 76.64(f) of the rules and a must carry request pursuant to Section 76.61(a)(1). If this is the case, Liberty argues, then its must carry complaint should have been filed within 60 days of Liberty's failure to respond to its August 7th letter. Liberty maintains that even if the second letter should be considered the formal demand for carriage, and the receipt
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  • signal within the West Palm Beach-Ft. Pierce television market. In a ruling limited to cable operators, the Commission held that broadcasters initiating DTV-only service were entitled to mandatory carriage for their digital signals consistent with applicable statutory and regulatory provisions. The Commission stated that WHDT-DT was entitled to make its cable carriage election in accordance with the provisions of Section 76.64(f)(4) of the Commission's rules. The Commission also held that carriage of digital-only television stations in a converted analog format did not impinge the free speech rights of cable operators. The issue of digital broadcast signal carriage by satellite carriers was not raised, considered, nor addressed in the WHDT-TV Order. III. DISCUSSION 4. WHDT-DT states that it commenced over-the-air digital broadcast
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  • defined by Nielsen Media Research. In support of its complaint, KXLA states that it is an authorized full-service UHF television station licensed to a community located within the Los Angeles DMA as are the communities served by MediaCom. KXLA indicates that by letter dated September 27, 2002, it requested must carry status on the MediaCom cable systems, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period. KXLA states that MediaCom failed to respond to this request and, as a result, it filed the instant complaint within 60 days of MediaCom's failure to respond pursuant to Section 76.61(a)(5)(ii) of the Commission's rules. KXLA maintains that it can provide a good quality signal to MediaCom's principal
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  • or DMA, as defined by Nielsen Media Research. In support of its complaint, WBPH states that it is an authorized full-service UHF television station licensed to a community located within the Philadelphia, Pennsylvania DMA as are the Comcast Communities. WBPH indicates that by letter dated September 30, 2002, it elected must carry status on Comcast's cable system, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period and, at the same time, requested carriage on Comcast's system, pursuant to Section 76.61(a) of the Commission's rules. WBPH states that Comcast never responded to this request and it accordingly filed the instant complaint within 60 days of Comcast's failure to respond. WBPH notes that, although Comcast never
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  • by Nielsen Media Research. In support of its complaint, KXLA states that it is an authorized full-service UHF television station licensed to a community located within the Los Angeles DMA as are the communities served by Communications Services. KXLA indicates that by letter dated September 27, 2002, it requested must carry status on Communications Services' cable systems, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period. KXLA states that Communications Services failed to respond to this request and, as a result, it filed the instant complaint within 60 days of the cable system's failure to respond pursuant to Section 76.61(a)(5)(ii) of the Commission's rules. KXLA maintains that it can provide a good quality signal
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  • a pro rata basis to the remaining VPPs who did not receive their full request. RCN-BecoCom will mail a notification to each remaining VPP to confirm the final channel capacity allocation no later than 90 days after the expiration of the open enrollment period. CERTIFICATION I, John Murawski, hereby certify that RCN-BecoCom, LLC, is in compliance with sections 76.1506(l) and 76.64 of the Commission's rules, 47 C.F.R. §§ 76.64, 76.1506(l), governing retransmission consent and must-carry elections. ______________________________ Name: John Murawski Title: Director of Programming Date: ________________________ CERTIFICATE OF SERVICE I, Kathy L. Cooper, hereby certify that copies of the foregoing Notice of Intent of RCN-BecoCom, LLC, were served on the parties listed below, on the 2nd day of May 2003: VIA
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  • for its failure to carry KXLA on its cable system serving the communities of Blythe and Ehrenberg, California. No opposition to this complaint has been received. For the reasons discussed below, we dismiss the complaint. KXLA states in its complaint that, by letter dated September 27, 2002, it requested must carry status on the News-Press cable system, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period. We note, however, that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section
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  • on October 23, 2002, Cable One formally denied WKFK-LP carriage on its cable system. WKFK-LP states that it filed the instant complaint within 60 days of that denial. Although WKFK-LP filed its complaint within 60 days of Cable One's denial of its election of carriage, it should be noted that the Commission's rules contain a two-part must carry process. Section 76.64(f)(2) of the Commission's rules requires that television broadcast stations make an election between must carry and retransmission consent status every three years. This WKFK-LP did in its September 9, 2002 letter to Cable One. Such a letter, however, is merely an election notice and not a demand for carriage pursuant to Section 76.61(a)(1) of the Commission's rules. Cable One's October
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  • quality at a cable system's principal headend. discussion In support of its complaints, WBPH states that it is an authorized full-service UHF television station licensed to a community located within the Philadelphia, Pennsylvania DMA as are the Comcast Communities. WBPH indicates that by letter dated September 30, 2002, it elected must carry status on Comcast's cable systems, pursuant to Section 76.64(f) of the Commission's rules, beginning with the January 1, 2003 election period and, at the same time, requested carriage on Comcast's system, pursuant to Section 76.61(a) of the Commission's rules. WBPH states that, for three of the cable systems, Comcast never responded to these requests. For the Comcast Cablevision of Philadelphia cable system, however, Comcast denied carriage based on WFPH's
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  • no longer needs to address carriage of WHTN on that system as part of this complaint.''13 8. We find that WHTN is entitled to must carry status on Tele-Media's Scottsville, Russellville and Adairville cable systems serving the cable communities. With regard to procedural issues, the Commission's must carry rules require television stations to follow a two step notification process. Section 76.64(f) provides that stations notify cable systems that they are electing retransmission consent or must carry status.14 If a station believes that a cable operator is not meeting its carriage obligations under this section, Section 76.61(a) provides that the station notify the cable operator of its alleged failure.15 Christian TV's August letters to Tele-Media were clearly notices of must carry election
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  • 5Id. at 1-2, and n.1 and 2. 6Id. at 2-4. 7Opposition at 2-3, and Exhibit 1. 8Id. at 3-6. 9Id. at 5, n.14. 10Reply at 2, and n.4. 11Id. at Exhibit A. 12Id. at 3-6, and Exhibits B, C, E, F, H and I. 13Id. at 6-7. 14Id. at 7 n.15. 15Id. at 8, and Exhibit B. 1647 C.F.R. § 76.64(f). 1747 C.F.R. § 76.57(f). 18Reply at 3-6, and Exhibits B, C, E, F, H and I. 19Id. at 8, and Exhibit B. 20Opposition at 4-5, and Exhibit 3. 21See 47 C.F.R. § 76.55(d). However, the Commission's rules limit the number of qualified LPTV stations a cable system is required to carry. 47 C.F.R. § 76.56(b)(3). Allen has not indicated that
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  • 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 election within thirty (30) days of the release date of this order, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules, 47 C.F.R. §§ 76.57, 76.64(f). This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNCIATIONS 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). Petition at 3. Id. Data on Metropolitan Statistical
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  • § 534(b)(6); 47 C.F.R. § 76.57. 4 Complaint at 1. The Commission's rules specify that the 2000-2001 DMA list will be used by stations for the 2002 election between retransmission consent and must carry status. 47 C.F.R. § 76.55(e)(2)(ii). If a station failed to make an election in 2002, it is considered to have must carry status. 47 C.F.R. § 76.64(f)(3). 5 Complaint at 1 and Exhibit A. 6 Complaint at 1. Cable systems are required by the Commission rules to respond within 30 days. 47 C.F.R. § 76.61(a)(2). 7 Complaint at 1. Corridor states that ``KBEJ(TV) has attempted to serve a copy of its Must Carry Complaint on all relevant franchising authorities governing the Cable Unlimited cable system within the
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  • reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard
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  • reasons stated below, we grant the relief KVMD seeks. DISCUSSION The Commission has held that a broadcaster initiating DTV-only service is entitled to mandatory carriage for its digital signal consistent with applicable statutory provisions and regulatory requirements. The Commission stated that a digital-only television station is entitled to make its cable carriage election in accordance with the provisions of Section 76.64(f)(4) of the Commission's rules. Like its analog counterpart, a commercial digital television broadcast station is entitled to assert mandatory carriage rights on cable systems located within the station's market. A station's market for this purpose is its ``designated market area,'' or DMA, as defined by Nielsen Media Research. The term DMA is a geographic market designation that defines each television
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  • Washington, and the unincorporated areas of Emery County, Utah sixty (60) days from the date on which KUTF delivers a good quality signal to the cable systems' principal headends. IT IS FURTHER ORDERED that KUTF shall notify Charter of its channel position elections thirty (30) days from the date it delivers a good quality signal, pursuant to Sections 76.57 and 76.64(f) 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 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by
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  • systems serving the cable communities listed in Appendix I sixty (60) days from the date on which KUTF delivers a good quality signal to the cable systems' principal headends. IT IS FURTHER ORDERED that KUTF shall notify Comcast of its channel position elections thirty (30) days from the date it delivers a good quality signal, pursuant to Sections 76.57 and 76.64(f) 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 Appendix I Salt Lake City Headend Alpine, UT American Fork, UT Bluffdale, UT Brigham City, UT Bountiful, UT Centerville, UT Clairfield, UT Clinton, Ut Layton, UT Magna, UT North
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  • Carry Order, 8 FCC Rcd at 2991. Complaints at 1-2. Id. See Must Carry Order, 8 FCC Rcd at 2976-77 (1993); 47 C.F.R. § 76. 55(c)(2)-(3). See Complaints at 2 and Exhibit III. New stations such as KUFT must make their initial must carry/retransmission consent election between 60 days before and 30 days after commencing to broadcast. 47 C.F.R. § 76.64(f)(4). The Commission will accept must-carry complaints filed pursuant to Section 76.61(a), if they are filed within 60 days after the denial by a cable television system operator of a request for carriage, or the failure of a cable operator to respond to such request within 30 days. See 47 C.F.R. § 76.7(c) & 76.61(a)(5)(ii). See Must Carry Order, 8 FCC
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  • reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard
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  • reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard
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  • reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard
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  • reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard
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  • California, but is OTHERWISE DENIED. IT IS FURTHER ORDERED that Mediacom shall commence carriage of KVMD on its cable system serving Sun City and Menifee within sixty (60) days from the release date of this Order. KVMD shall notify Mediacom of its channel position election thirty (30) days from the release date of this Order, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. These actions are taken pursuant to delegated authority pursuant to Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau The subject communities are: Sun City, Menifee, Trona, Pioneer Point, Argus, Westend, Ridgecrest, Kernville, Inyokern, Bodfish, Lake Isabella, Wofferd Heights, Mountain Mesa, South Lake, Belle Vista, Weldon, Onyx,
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  • from the date that Station KAZH delivers a good quality signal to Cable One's Port Lavaca, Texas headend. IT IS FURTHER ORDERED that KAZH shall notify Cable One, in writing, of its channel position election on the Port Lavaca, Texas cable system within thirty (30) days of the date it provides a good quality signal, pursuant to Sections 76.57 and 76.64 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 Complaint at 1. Id. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall
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  • 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 channel position election within thirty (30) days of the release date of this order, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules, 47 C.F.R. §§ 76.57, 76.64(f). IT IS FURTHER ORDERED that the Motion to Dismiss and Motion to File Additional Pleadings, filed by TCA Cable Partners d/b/a Cox Communications, ARE DENIED. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNCIATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media
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  • within 60 days from the date that station KAZH delivers a good quality signal to those headends. IT IS FURTHER ORDERED that KAZH shall notify Cox, in writing, of its channel position election on the Livingston, Huntsville and Corrigan, Texas cable systems within thirty (30) days of the date it provides a good quality signal, pursuant to Sections 76.57 and 76.64(f) 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 Complaint at 1. Id. 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, amended by the Telecommunications Act of 1996, provides that a station's market shall
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  • the communities of Barrington, Bristol Township, Warren and the unincorporated areas of Bristol County, Rhode Island, within sixty (60) days from the release date of this order. IT IS FURTHER ORDERED that WWDP shall notify Full Channel in writing of its channel position election within thirty (30) days of the release date of this order, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNICATION COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by
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  • in error. KCFG states that its January 16th letter simply pointed out KCFG's channel positioning rights under Section 76.57 of the Commission's rules and also expressly noted that it was an election of must carry only and not a demand for carriage. In adopting the must carry regulations, the Commission's Must Carry Order set forth a two-step notification process. Sections 76.64(f)(1) and (4) of the Commission's rules requires all commercial television stations to choose between retransmission consent and must carry status either at specific election periods or within specified times before or after going on-air. At the same time as it makes its election choice, Section 76.57(e) of the Commission's rules requires that the station also notify the cable system of
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  • responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Epps' principal headend. At the outset, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. In that regard, we disagree with KEJB's assertion that its October 2, 2003 letter was a demand for mandatory carriage. The text of the letter clearly indicates that it was a must carry election letter only, not a demand
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  • responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Community's principal headends. At the outset, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. In that regard, we disagree with KEJB's assertion that its October 2, 2003 letter was a demand for mandatory carriage. The text of the letter clearly indicates that it was a must carry election letter only, not a demand
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  • responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Northeast's principal headends. At the outset, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. In that regard, we disagree with KEJB's assertion that its October 2, 2003 letter was a demand for mandatory carriage. The text of the letter clearly indicates that it was a must carry election letter only, not a demand
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  • in the Monroe, Louisiana - El Dorado, Arkansas DMA. Specifically, KEJB states that it completed construction and began operating under program test authority on Saturday, October 11, 2003. KEJB states further that Charter operates several cable television systems that are also in the Monroe, Louisiana - El Dorado, Arkansas DMA. KEJB asserts that on October 2, 2003, pursuant to Section 76.64(f)(4), it formally requested mandatory carriage of its signal on Charter's cable system serving the cable communities. KEJB asserts that Charter did not respond in writing to its October 2, 2003 letter, within 30 days as required by Section 76.61(a)(5)(i) of the Commission's rules and that, as a result, it filed the instant complaint within 60 days after Charter's failure to
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  • responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Dean's principal headends. At the outset, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. In that regard, we disagree with KEJB's assertion that its October 2, 2003 letter was a demand for mandatory carriage. The text of the letter clearly indicates that it was a must carry election letter only, not a demand
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  • responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Squire's principal headend. At the outset, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. In that regard, we disagree with KEJB's assertion that its October 2, 2003 letter was a demand for mandatory carriage. The text of the letter clearly indicates that it was a must carry election letter only, not a demand
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  • responded to the October 31, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Chatham's principal headend. At the outset, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. In that regard, we disagree with KEJB's assertion that its October 31, 2003 letter was a demand for mandatory carriage. The text of the letter clearly indicates that it was a must carry election letter only, not a demand
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  • responded to the October 2, 2003 letter. KEJB asserts that it is committed to deliver, at its own expense, a good quality signal to Southwest's principal headends. At the outset, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. In that regard, we disagree with KEJB's assertion that its October 2, 2003 letter was a demand for mandatory carriage. The text of the letter clearly indicates that it was a must carry election letter only, not a demand
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  • mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). Market Modification Final Report and Order, 14 FCC Rcd at 8389. See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard definition digital (``SDTV'') television signals be carried on the cable system for delivery to subscribers in either a digital or an analog format. DTV
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  • and file an amended certificate of the service with the Commission, as allowed by the Commission's precedent. We agree with Cox that KEJB's complaint is procedurally defective. In that regard, we note that the Commission's must carry requirements set forth a two-part notification process with which stations are required to comply: the retransmission consent/must carry election notification required by Section 76.64(f) of the Commission's rules and the demand for carriage by qualified stations set out in Section 76.61(a) of the Commission's rules. We disagree with KEJB's assertion that its October 2, and October 13, 2003 letters were a demand for mandatory carriage. The text of the letters clearly indicates that they were must carry election letters only, not a demand for
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  • station WXIA-TV (``WXIA''), the NBC affiliate in Atlanta, Georgia, filed separate oppositions to the Monroe Utilities Complaint. Monroe Utilities filed a consolidated reply addressing the arguments raised by Morris, NBC, and Gannett. Approximately two months after the Monroe Utilities Complaint was filed, Morris filed a separate retransmission consent complaint against Monroe Utilities (``Morris Complaint'') pursuant to Sections 76.6, 76.7, and 76.64 of the Commission's rules. Monroe Utilities filed an answer to the Morris Complaint. Morris subsequently filed a request for expedited Commission action on the Morris Complaint, Monroe Utilities filed a reply to the request, and Morris filed a reply to the reply. We will address herein both the Monroe Utilities Complaint and the Morris Complaint because the underlying facts are
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  • City, Tankawa, Sulphur and Mangum, Oklahoma cable systems sixty (60) days from the date on which KQOK delivers a good quality signal to the cable systems' principal headends. IT IS FURTHER ORDERED that KQOK shall notify Cable One of its channel position elections thirty (30) days from the date it delivers a good quality signal, pursuant to Sections 76.57 and 76.64(f) 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 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by
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  • headend. IT IS FURTHER ORDERED that Cebridge shall commence carriage of KQOK on its Kingfisher, Pucell, Weatherford and Anadarko cable systems sixty (60) days from the release date of this Order. IT IS FURTHER ORDERED that KQOK shall notify Cebridge of its channel position elections thirty (30) days from the release date of this Order, pursuant to Sections 76.57 and 76.64(f) 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 According to Cebridge, its Weatherford system also serves the community of Hydro, Oklahoma; its Woodward system also serves the community of Mooreland, Oklahoma; and its Purcell system also serves
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  • signal within the West Palm Beach-Ft. Pierce television market. In a ruling limited to cable operators, the Commission held that broadcasters initiating DTV-only service were entitled to mandatory carriage for their digital signals consistent with applicable statutory and regulatory provisions. The Commission stated that WHDT-DT was entitled to make its cable carriage election in accordance with the provisions of Section 76.64(f)(4) of the Commission's rules. The Commission also held that carriage of digital-only television stations in a converted analog format did not impinge the free speech rights of cable operators. The issue of digital broadcast signal carriage by satellite carriers was not raised, considered, or addressed in the WHDT-TV Order. Subsequently, WHDT-DT filed a complaint against EchoStar pursuant to Section 338
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  • reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. § 76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard
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  • after Patriot failed to respond in writing to its August 1, 2003 demand for carriage, as required by Section 76.61(a)(2) of the Commission's rules. We disagree with Patriot's allegations that the Complaint is procedurally defective because it was untimely filed. In this regard, we note that WXTV's September 20, 2002 letter was clearly an election letter, filed pursuant to Section 76.64 of the Commission's rules, which requires commercial television stations to make a periodic election between retransmission consent and must carry status, but does not trigger any procedural deadlines in connection with filing a must carry complaint. In addition, because WXTV had not made a demand for carriage prior to RCN's December 13, 2002 letter, WXTV had no obligation to file
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  • thus entitled to must carry on the Benkelman cable system and it agrees to be responsible for the cost of any equipment necessary to ensure the delivery of a good quality signal to the system's principal headend. Cable TV argues in opposition that KLBY's complaint is procedurally defective in that it fails to discuss the various timing requirements of Section 76.64(f)(2) of the Commission's rules or KLBY's failure to make an election regarding its carriage by October 1, 2002, as required by the rules. Cable TV states that KLBY's September 8, 2003 demand for carriage letter is untimely filed vis-à-vis the October 1, 2002 deadline and the complaint fails to discuss why KLBY's election was mailed nearly a year late. Even
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  • Cerrito, Glen Ivy, Homeland, Horsethief Canyon, Lake Elsinore, Menifee, Murrieta, Murrieta Hot Spring, Nuevo, Quail Valley, Riverside, Romoland, Sedco Hills, The Farm, and Wildomar, California within sixty (60) days from the release date of this Order. KVMD shall notify Comcast of its channel position election thirty (30) days from the release date of this Order, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. These actions are taken pursuant to delegated authority pursuant to Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division Media Bureau The subject communities are: Artesia, Athens, Baldwin Hills, Bell, Bell Gardens, Bellflower, California Oaks, Canyon Lake, Carson, Castaic Lake, Claremont, Compton, Corona, Costa Mesa, Covina, Cudahy, Culver City,
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  • geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). Market Modification Final Report and Order, 14 FCC Rcd at 8389. See 16 FCC Rcd 2598, 2606 (2001)(``DTV Must Carry Report and Order''); 47 C.F.R. § 76.64(f)(4). The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard definition digital (``SDTV'') television signals be carried on the cable system for delivery to subscribers in either a digital or an analog format. DTV
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  • 05-133 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION January 19, 2005 Media Bureau Sets Expedited Pleading Cycle in Retransmission Consent Complaint filed by Horry Telephone Cooperative, Inc. against GE Media, Inc., Licensee of Television Station WFXB Horry Telephone Cooperative, Inc. (``HTC'') filed an Emergency Complaint pursuant to Section 325 of the Communications Act and Sections 76.64 and 76.65 of the Commission's rules alleging that GE Media, Inc. (``GE Media''), licensee of television broadcast station WFXB (Myrtle Beach, SC), violated the prohibition on exclusive retransmission consent agreements as well as the statutory obligation to negotiate in good faith for retransmission consent of WFXB's digital television (``DTV'') signal. HTC alleges that GE Media has entered into a prohibited
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  • Matter of: Horry Telephone Cooperative, Inc. v. GE Media, Inc., Licensee of WFXB ) ) ) ) ) ) ) ORDER Adopted: January 26, 2005 Released: January 27, 2005 By the Deputy Chief, Policy Division, Media Bureau: On January 18, 2005, Horry Telephone Cooperative, Inc. (``HTC'') filed an Emergency Complaint pursuant to Section 325 of the Communications Act and Sections 76.64 and 76.65 of the Commission's rules alleging that GE Media, Inc. (``GE Media''), licensee of television broadcast station WFXB (Myrtle Beach, SC), violated the prohibition on exclusive retransmission consent agreements as well as the statutory obligation to negotiate in good faith for retransmission consent of WFXB's digital television (``DTV'') signal. HTC alleged that GE Media has entered into a prohibited
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  • 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 Title: 76.309 Customer service obligations. SUBPART J -- OWNERSHIP OF CABLE SYSTEMS Brief Description: These rules restrict the ownership interests
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  • 418-2359. TTY: (202) 418-7172 or (888) 835-5322 By the Chief, Media Bureau - FCC - The Satellite Home Viewer Extension Reauthorization Act (SHVERA), Pub. L. No. 108-447; 118 Stat. 2809 (2004). The SHVERA was enacted as Title IX of the Consolidated Appropriations Act, 2005. SHVERA, Pub. L. No. 108-447 §208, 118 Stat. 2809, 3428-29 (2004). 47 U.S.C. § 325(b);47 C.F.R. §76.64-70. 47 U.S.C. § 325(b); 47 C.F.R. §76.64. 47 C.F.R. §76.120-122 and §76.92-95. See 47 C.F.R. §§ 76.92 and 76.93. The Commission's rules provide stations such protection within a 35-mile geographic zone (or 55 miles in smaller markets), which extends from the reference point of the community of license of the television station. See 47 C.F.R. §§ 73.658(m), 76.53, and 76.92
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  • 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 Act, as amended
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-2452 Released: September 14, 2005 MEDIA BUREAU EXTENDS DEADLINE FOR TELEVISION BROADCAST STATIONS TO MAKE RETRANSMISSION CONSENT/ MUST CARRY ELECTIONS ON CABLE AND SATELLITE SYSTEMS IN CERTAIN DESIGNATED MARKET AREAS EFFECTED BY HURRICANE KATRINA Pursuant to Sections 76.64 and 76.66 of the Commission's rules, television broadcast stations seeking cable television or satellite carriage are required to elect between retransmission consent or must carry status by October 1, 2005 in their designated market areas (DMAs). Because of the impact of Hurricane Katrina and pursuant to section 1.3 of the Commission's rules, the Media Bureau finds good cause to extend
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-2534 Released: September 28, 2005 MEDIA BUREAU EXTENDS DEADLINE FOR TELEVISION BROADCAST STATIONS TO MAKE RETRANSMISSION CONSENT/ MUST CARRY ELECTIONS ON CABLE AND SATELLITE SYSTEMS IN CERTAIN DESIGNATED MARKET AREAS EFFECTED BY HURRICANE RITA Pursuant to Sections 76.64 and 76.66 of the Commission's rules, television broadcast stations seeking cable television or satellite carriage are required to elect between retransmission consent or must carry status by October 1, 2005 in their designated market areas (DMAs). Because of the impact of Hurricane Rita and pursuant to section 1.3 of the Commission's rules, the Media Bureau finds good cause to extend
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  • 47 C.F.R. §76.57. 13. 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 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).
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  • failed to perfect its carriage rights in the new triennial carriage cycle. KVMD maintains that its only intent in filing the instant complaint was to preserve its must carry rights during 2006-2008 election cycle. It is not seeking carriage on Time Warner's systems during the pendency of the reconsideration request. We agree with KVMD and will grant its complaint. Section 76.64(f)(2) of the Commission's rules requires that all television stations make an election between must carry and retransmission consent every three years. KVMD did so in its September 21, 2005 letters to Time Warner and, at the same time, made a demand for carriage pursuant to Section 76.61(a)(1) of the rules. While both parties agree that KVMD does not currently have
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  • KVMD failed to perfect its carriage rights in the new triennial carriage cycle. KVMD maintains that its only intent in filing the instant complaint was to preserve its must carry rights during 2006-2008 election cycle. It is not seeking carriage on CoxCom's systems during the pendency of the reconsideration request. We agree with KVMD and will grant its complaint. Section 76.64(f)(2) of the Commission's rules requires that all television stations make an election between must carry and retransmission consent every three years. KVMD did so in its September 26, 2005 letters to CoxCom and, by letters dated November 7, 2005, subsequently made a demand for carriage pursuant to Section 76.61(a)(1) of the rules. While both parties agree that KVMD does not
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  • aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. § 76.59(b). Market Modification Final Report and Order, 14 FCC Rcd at 8389. See Carriage of Digital Television Broadcast Signals, 16 FCC Rcd 2598, 2606 (2001)(``DTV Must Carry Report and Order''); 47 C.F.R. § 76.64(f)(4). The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard definition digital (``SDTV'') television signals be carried on the cable system for delivery to subscribers in either a digital or an analog format. DTV
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  • communities of Highland, Mountain Shadows, and Rialto, California, sixty (60) days from the date on which KVMD delivers a good quality signal to the cable system's principal headend. IT IS FURTHER ORDERED that KVMD shall notify Mountain Shadows of its channel position elections thirty (30) days from the date it delivers a good quality signal, pursuant to Sections 76.57 and 76.64(f) 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 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by
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  • communities of Camarillo, Oxnard, Point Mugu and Ventura, California, sixty (60) days from the date on which KVMD delivers a good quality signal to the cable system's principal headend. IT IS FURTHER ORDERED that KVMD shall notify CS of its channel position elections thirty (30) days from the date it delivers a good quality signal, pursuant to Sections 76.57 and 76.64(f) 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 8 FCC Rcd 2965, 2976-2977 (1993). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by
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  • order. Mid-Hudson and WSSN-LP shall report the results of this joint test to the Commission within ten (10) days of performing the re-test of WSSN-LP's signal. IT IS FURTHER ORDERED that WSSN-LP shall notify Mid-Hudson in writing of its channel position election within thirty (30) days of the date it provides a good quality signal, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNCIATIONS 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 1-2; see also 47 U.S.C. § 614(h)(2) and 47 C.F.R. §
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  • also admits that it refused to offer cash payment for carriage of WLII, but did offer alternative options for compensation. Given the totality of the circumstances in this proceeding, we find that Choice violated its duty to negotiate in good faith. Carriage without retransmission consent is a violation of Section 325(b) of the Communications Act, 47 U.S.C. §325(b), and Section 76.64 of the Commission's Rules, 47 C.F.R. §76.64. Because Choice has provided no evidence of a valid retransmission consent agreement with WORA, we believe that it breached its duty to negotiate in good faith with WLII/WSUR. Choice is hereby ordered to contact representatives of WLII/WSUR within 10 days of the date of this letter to resume negotiations for carriage of WLII
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  • (Mediacom Redacted Programming Cost Overview); Reply Comments of Sinclair Broadcast Group, Inc., in MB Docket 06-189 (citing Nielsen Station index, May 2006). Mediacom Complaint at 24. Id. See supra n.46. Mediacom Complaint at 25-28. Id. at 38-39. Id. at 30. Mediacom refers to the arrangement as a ``Bounty Payment Agreement.'' Id.; see also 47 U.S.C. § 325(b)(3)(C); 47 C.F.R. § 76.64(l). Mediacom Complaint at 31. Id. Sinclair Answer at 18. Id. Mediacom Reply at 17. Id. at 17-18. In a ``per inquiry'' arrangement, a broadcaster, or other programmer, is compensated for running an advertisement solely based on sales generated by such advertisement. Mediacom Reply at 18. Our finding here relates solely to the facts of the instant dispute and is not
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  • at three year intervals for each cable system on which they wish to be carried. When making their triennial carriage elections, stations determine in which markets they are eligible for carriage by consulting the DMA Market and Demographic Rank Reports produced by Nielsen (``Nielsen DMA lists''). Section 76.55(e)(2)(ii) states that ``[t]he applicable DMA list for the 2002 election pursuant to §76.64(f) will be the DMA assignments specified in the 2000-2001 list, and so forth for each triennial election pursuant to §76.64(f).'' Pursuant to this Section, the applicable Nielsen DMA list for the October 2005 election consisted of the DMA assignments specified in the 2003-2004 Nielsen DMA list. WGCB is licensed to the community of Red Lion in York County, Pennsylvania and
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  • channel in order to accommodate KUQI on the BST in almost all of the relevant communities. Although Time Warner acknowledges that it is required by Section 76.1603(b) of the rules to alert customers at least thirty days prior to any change in programming services or channel position, Time Warner asserts that KUQI's notice of intent to elect carriage under Section 76.64(f)(4) of the rules, although compliant with Section 76.64(f)(4), was not sufficient notice to allow Time Warner to provide the requisite thirty-day notice to its customers and continue to provide uninterrupted availability to Fox programming for its customers. Time Warner maintains that relocating Weather Radar to a different channel on less than thirty-days' notice is the least disruptive means of ensuring
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  • not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. §76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. §76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard
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  • not specifically reflected in a traditional Grade B contour analysis. In situations involving mountainous terrain or other unusual geographical features, Longley-Rice propagation studies can aid in determining whether or not a television station actually provides local service to a community under factor two of the market modification test. 47 C.F.R. §76.59(b). See 16 FCC Rcd 2598, 2606 (2001); 47 C.F.R. §76.64(f)(4). The Commission has held that a television station may elect to have its digital signal carried in an analog format by local cable systems. The Commission concluded that for purposes of supporting the conversion to digital signals and facilitating the return of the analog spectrum, a television station may demand that one of its high definition digital (``HDTV'') or standard
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  • to commence carriage of W18AN within sixty (60) days of the date that W18AN provides a good quality signal to the cable system's principal headend. IT IS FURTHER ORDERED that W18AN shall notify New Wave in writing of its channel position election within thirty (30) days of the date it provides a good quality signal, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNCIATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau According to the Commission's records, the community of Middlesborough is part of one physically-integrated cable system (PSID # 007027) operated by New Wave encompassing 6 counties in Kentucky.
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  • should be considered a local station on Cox's Los Angeles cable system. Based upon the above factors, we reverse our prior decision with respect to Cox's Los Angeles cable system. Because we have reversed the Bureau Order with respect to the Los Angeles communities, we also will reconsider the must carry and retransmission rights of KVMD on this system. Section 76.64(f)(2) of the Commission's rules requires that all television stations make an election between must carry and retransmission consent every three years. KVMD did so by its September 26, 2005 letter to Cox. Subsequently, KVMD made a demand for carriage on Cox's cable system pursuant to Section 76.61(a)(1) of the Commission's rules by letter dated November 7, 2005. Subsequent to the
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  • negotiate with ATC Broadband in good faith. We further decline to find that the Affiliation Agreement between WSWG and CBS violated the network nonduplication provisions of our rules. V. ORDERING CLAUSES Accordingly, IT IS ORDERED that the retransmission consent complaint and petition for declaratory ruling pursuant to Sections 76.7 and 76.65 of the Commission's Rules, 47 C.F.R. §§ 76.7 and 76.64, filed by ATC Broadband LLC and Dixie Cable TV, Inc. against Gray Television Licensee, Inc., licensee of WSWG-DT, Valdosta, Georgia IS DENIED. This action is taken under authority delegated by Section 0.283 of the Commission's rules, 47 C.F. R § 0.283. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief, Policy Division Media Bureau ATC Broadband Retransmission Consent Complaint, filed
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  • 41-46 (1993) (``Must Carry Order''). The Commission has subsequently extended mandatory carriage rights to digital television stations under Section 614(a) of the Act and has amended its rules accordingly. See Carriage of Digital Television Broadcast Signals First Report and Order, See 16 FCC Rcd 2598, 2606 ¶¶ 15-16, 2610 ¶ 28 (2001) (``DTV Must Carry Order''); see also 47 C.F.R. §76.64(f)(4). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. 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
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  • ¶¶ 41-46 (1993) (``Must Carry Order''). The Commission has subsequently extended mandatory carriage rights to digital television stations under Section 614(a) of the Act and has amended its rules accordingly. See Carriage of Digital Television Broadcast Signals First Report and Order, See 16 FCC Rcd 2598, 2606 ¶¶ 15-16, 2610 ¶28 (2001) (``DTV Must Carry Order''); see also 47 C.F.R. §76.64(f)(4). Section 614(h)(1)(C) of the Communications Act, as amended by the Telecommunications Act of 1996, provides that a station's market shall be determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns. 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
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  • the digital context. discussion There is no dispute regarding the relevant facts of the case. WPGA has been carried on the system since 1995. It failed to make any carriage election prior to the October 1, 2008 election deadline for the 2009-2011 carriage cycle. On October 17, 2008, the cable system sent Perry a letter stating that ``pursuant to Section 76.64(f)(3)[of the Commission's Rules], Cox deems the Station to have made a default election for must-carry status.'' Perry objected to the planned carriage of WPGA by Cox as a mandatory carriage station, and the parties ultimately signed an agreement, dated January 1, 2009, entitled ``Retransmission Consent and VOD License Agreement'' (the ``Agreement''). Section 2(b) of the Agreement reads, in its entirety:
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  • Communications Act of 1934, as amended, defines a multichannel video programming distributor as a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming. See also 47 C.F.R. § 76.64(d). A DMA is a geographic area defined by The Nielsen Company as a group of counties that make up a particular television market. These counties comprise the major viewing audience for the television stations located in their particular metropolitan area. For the most part, the metropolitan areas correspond to the standard metropolitan statistical areas defined by the Federal Government Office
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  • programming on DirecTV's Local-Into-Local service, commencing not later than the beginning of the next election cycle, January 1, 2009.''). WGCB asserts DirecTV never responded to its November 14th correspondence and election letter, and subsequent inquiries about it went unanswered. WGCB Complaint at 3. WGCB Complaint at 3. See supra ¶ 1 & n.4., Bureau Letter. Unlike a statutory provision, Section 76.64(c)(4) of our rules may be waived. See, e.g., Family Stations, Inc. v. DirecTV, 19 FCC Rcd at 14779-80, ¶¶ 6-7 (Media Bureau considered and rejected a request for waiver of Section 76.66(c)(5), which requires that a non-commercial television station must request carriage by July 1, 2001 for the first election cycle). The October 1st election deadline found in 76.66(c)(4) is
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  • the requirements set forth above within 20 days of the date of this order that demonstrates that WGBS-LD fails to place an adequate signal strength over Charter's principal headend. IT IS FURTHER ORDERED that WGBS-LD shall notify Charter in writing of its channel position election within thirty (30) days of the date of this order, pursuant to Sections 76.57 and 76.64(f) of the Commission's rules. This action is taken pursuant to authority delegated by Section 0.283 of the Commission's rules. FEDERAL COMMUNCIATIONS COMMISSION Steven A. Broeckaert Senior 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 1. Id. at 9-10 and Exhibit D. Id. at 11
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  • out of an abundance of caution to preserve its rights. WHRE-DT therefore requests that the Commission grant its request and require Charter to commence carriage of its signal. In opposition, Charter argues that WHRE-DT's complaint is premature and should be denied. Charter points out that in establishing the must carry regulations, the Commission set forth a two-step notification process. Section 76.64(f)(1) and (2) of the Commission's rules requires commercial television stations, such as WHRE-DT, to choose between retransmission consent and must carry status at specified election periods. Section 76.61(a)(1) of the rules mandates that a television station that believes that a cable operator has failed to meet its carriage obligations shall notify the cable operator in writing of the alleged failure
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  • 138 Cong. Rec. H8308, at 2 (Sept. 14, 1992) (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
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  • LLC, 19 FCC Rcd 8970, 8974, ¶ 7 n.27 (MB, rel. May 20, 2004) (``For digital stations operating on channels 14-69 [UHF stations], for market modification purposes the 41 dBu DTV service area contour is the digital equivalent of an analog station's Grade B contour.''). 47 C.F. R. § 76.59(b). See 16 FCC Rcd 2598, 2606, 2610 (2001); 47 C.F.R. §76.64(f)(4). See id. at 2635-36. See id. at 2636. See id. In adopting technical rules for the digital transmission of broadcast signals, the Commission attempted to ensure that a station's digital over-the-air coverage area would replicate as closely as possible its former analog coverage area. See id. at 2636 n.254, citing Sixth DTV Report and Order, 12 FCC Rcd 14588, 14605
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  • requires that a commercial broadcast television station's market be defined by The Nielsen Company's DMAs. See 47 C.F.R. § 76.55(e). The Nielsen Company was previously named Nielsen Media Research. Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Broadcast Signal Carriage Issues, MM Docket No. 92-259, Clarification Order, 8 FCC Rcd. 4142, 4144 (1993). 47 C.F.R. § 76.64(f)(3). Id. ``Retransmission Consent and VOD License Agreement'' (the ``Agreement''). The relevant Section of the Agreement reads, in its entirety, ``The parties acknowledge and agree that the terms hereof shall constitute a retransmission consent election notice (as required under applicable FCC Rules) for the 2009-2011 and 2012-2014 retransmission consent/must-carry election cycles.'' The Agreement contained a provision under which Cox would not
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  • LLC, 19 FCC Rcd 8970, 8974, ¶ 7 n.27 (MB, rel. May 20, 2004) (``For digital stations operating on channels 14-69 [UHF stations], for market modification purposes the 41 dBu DTV service area contour is the digital equivalent of an analog station's Grade B contour.''). 47 C.F. R. § 76.59(b). See 16 FCC Rcd 2598, 2606, 2610 (2001); 47 C.F.R. §76.64(f)(4). See 16 FCC Rcd at 2635-36. The Commission affirmed that for digital signal carriage issues, it would continue to rely on the Nielsen market designations, publications, and assignments it used for analog signal carriage issues. See id. at 2636. See DTV Must Carry Report and Order, 16 FCC Rcd at 2636. See id. In adopting technical rules for the digital
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  • No.: MB-201241410024 FRN: 0011409034 Notice of apparent liability for forfeiture Adopted: March 16, 2012 Released: March 16, 2012 By the Chief, Media Bureau: INTRODUCTION In this Notice of Apparent Liability For Forfeiture (``NAL''), we find that Bailey Cable TV, Inc. (``Bailey'') apparently willfully and repeatedly violated Section 325 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.64 of the Commission's rules, by retransmitting the signal of a broadcasting station without ``the express authority'' of the originating station. Based upon our review of the facts, we find Bailey apparently liable for a monetary forfeiture in the amount of fifteen thousand dollars ($15,000). II. BACKGROUND Knight Broadcasting of Baton Rouge License Corp. (``White Knight'') is the licensee of full-power
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  • No.: MB-201241410023 FRN: 0011409034 Notice of apparent liability for forfeiture Adopted: March 16, 2012 Released: March 16, 2012 By the Chief, Media Bureau: INTRODUCTION In this Notice of Apparent Liability For Forfeiture (``NAL''), we find that Bailey Cable TV, Inc. (``Bailey'') apparently willfully and repeatedly violated Section 325 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.64 of the Commission's rules, by retransmitting the signal of a broadcasting station without ``the express authority'' of the originating station. Based upon our review of the facts, we find Bailey apparently liable for a monetary forfeiture in the amount of fifteen thousand dollars ($15,000). II. BACKGROUND Communications Corporation of America (``ComCorp'') is the parent company of the licensee of full-power
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  • Order, 27 FCC Rcd 787 (2012); see also 47 U.S.C. § 613; 47 C.F.R. § 79.4. See 47 C.F.R. § 76.610; see also 47 C.F.R. §§ 76.605(a)(12), 76.611, 76.614, 76.1803; 1.1705(a)(1) (FCC Form 320 - Basic Signal Leakage Performance Report). See 47 C.F.R. §§ 76.800-806. 47 U.S.C. § 522(13) (emphasis added); see also 47 C.F.R. § 76.1000(e); 47 C.F.R. § 76.64(d); 47 C.F.R. § 76.71(a); 47 C.F.R. § 76.1200(b); 47 C.F.R. § 76.1300(d). We note that the Commission previously characterized this definition as ``broad in its coverage'' and ``unclear'' in its scope. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992; Broadcast Signal Carriage Issues, Notice of Proposed Rulemaking, 7 FCC Rcd 8055, 8065, ¶ 42 (1992);
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  • 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. Section 76.57 is amended by redesignating paragraphs (c), (d), (e) as paragraphs (d), (e), (f); adding a new paragraph (c); revising the newly redesignated paragraph (e), and the Note that follows paragraph d is designated as ``Note to § 76.57'' to read
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  • 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 Cable Act also directed the Commission to initiate a proceeding at the time that it prescribes modified standards for what is now referred to as digital television ("DTV") and ``to establish any changes in the signal carriage requirements of cable television systems necessary to ensure cable carriage of such broadcast signals of local
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  • rights under Section 325 of the Act, it may enter into digital carriage agreements with MVPDs. A television station electing retransmission consent may negotiate with a cable operator for partial carriage of its digital television signal. The current prohibition 337 Carriage of Digital Television Broadcast Signals, 16 FCC Rcd at 2658. 338See 47 U.S.C. 0 325(b)(l)(A), (B); 47 C.F.R. 9 76.64 339 See 47 C.F.R. 9 76.64(f). In the last retransmission consent election in October 2002, nearly all broadcast stations elected retransmission consent. See, e.g., Brigitte Greenberg, Most TV Stations Go For Retrans Consent Over Must Carry, Communications Daily, October 3,2004, at 4-5. (The majority of broadcast stations opted for retransmission consent with only stations in smaller markets choosing must carry).
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  • Reauthorization Act on Rules Affecting Competition in the Television Marketplace, 20 FCC Rcd 1572 (2005) (Public Notice). The Appendix lists the commenters in this proceeding and the acronyms used to refer to them. See Communications Act of 1934, as amended (``Communications Act''), 47 U.S.C. §§ 325, 338-40, 534-35, 543, 548; 47 C.F.R § 76.55-62 (cable must carry); 47 C.F.R. § 76.64 (cable retransmission consent); 47 C.F.R. § 76.66 (DBS signal carriage). Copyright Act of 1976 (``Copyright Act''), 17 U.S.C. §§ 111, 119, 122. 47 C.F.R. § 76.92-76.95 (cable network non-duplication); 47 C.F.R. § 76.101-110 (cable syndicated exclusivity); 47 C.F.R. § 76.111 (cable sports blackout); 47 C.F.R. § 76.120 (satellite definitions related to exclusivity); 47 C.F.R. § 76.122 (satellite network non-duplication); 47
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  • viewing patterns. Essen- tially, each county in the United States is allocated to a market based on which home-market stations receive a preponderance of total viewing hours in the county. For purposes of this calculation, both over-the-air and cable television viewing are included. See Nielsen Media Research, Nielsen Station Index: Methodology Techniques and Data Interpretation. 10 See 47 C.F.R. § 76.64(f)(2); see also 47 C.F.R. § 76.56. 11 See 47 C.F.R. § 76.55(b)(1), (b)(2). 12 Interview of Dave Lougee, President, Gannett Broadcast Division, by Steven Waldman, FCC, (Feb. 16, 2011). 13 See, e.g., House Committee on Energy and Commerce, H.R. REP. NO 934, 98th Cong., 2d Sess. at 48 (1984). 14 Pub. L. No. 98-549, 98 Stat. 2780, 2782-83 (1984). The
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  • in full the provisions pertinent to the duration, nature, and extent of the non-duplication terms concerning broadcast signal exhibition to which the parties have agreed. A satellite carrier is not required to delete the duplicating programming of any nationally distributed superstation that is carried by the satellite carrier as a local station with the station's retransmission consent pursuant to § 76.64 (i) within the station's local market; (ii) if the station is ``significantly viewed,'' pursuant to § 76.54, in zip code areas included within the zone of protection; or (iii) if the zone of protection falls, in whole or in part, within that signal's grade B contour. A satellite carrier is not required to delete the duplicating programming of any nationally
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  • their satellite systems to meet their statutory obligations. Therefore, if an existing television station fails to request carriage by the established deadlines, it is not entitled to mandatory carriage under 338 for the duration of the election cycle. This policy does not apply to new television stations to which different substantive and procedural rules apply. Consistent Retransmission Consent/Carriage Elections. Section 76.64(g) requires that broadcasters make consistent retransmission consent/must carry elections between cable operators where franchise areas of cable systems overlap. While the SHVIA does not expressly require such action in the satellite context, in the Retransmission Consent Notice we requested comments on whether broadcasters should be subject to a consistent election requirement between satellite carrier and cable operators. Broadcast industry commenters
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  • particular television station, even if that station chose must carry for its analog signal. We believe this scenario would be precluded if we were to prohibit a station from making such a selection. We also find that DTV-only stations may choose either retransmission consent or mandatory carriage like their analog counterparts. The retransmission consent rules and regulations contained in Section 76.64 would likewise apply to digital broadcast television signals. Modification of the Election Cycle In the Notice, we indicated that the Act requires local commercial television stations to elect either must carry or retransmission consent on a triennial basis. We noted that new television stations can make their initial election anytime between 60 days prior to commencing broadcast and 30 days
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  • digital-only station, operating on Channel 59, seeking carriage only for its high definition digital signal. As in the 700 MHz Order, we conclude that broadcasters initiating DTV-only service ``are entitled to mandatory carriage for their digital signals consistent with applicable statutory and regulatory provisions.'' WHDT is entitled to make its cable carriage election in accordance with the provisions of Section 76.64(f)(4). D. Manner of Carriage According to C-Span, there is no support in either the Act or the Commission's rules for imposing a requirement that a cable operator convert a digital-only signal into an analog format at the headend. WHDT states that it is offering to convert its digital signal to analog at local cable headends in order to accommodate carriage
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  • carriage requests. In addition, as in the cable context, the local television station's election or request for carriage may be signed by any person authorized to make and submit such election on behalf of the station. In response to numerous telephone inquiries, we clarify that election requests must be sent by the relevant election deadline. In the cable context, Section 76.64(h) provides that ``on or before each must carry/retransmission consent deadline, each television broadcast station shall . . . send via certified mail to each cable system in the station's defined market a copy of the station's election statement with respect to that operator.'' The rules implementing satellite carriage requirements do not contain the same language, and we received no comments
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  • 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 Act''), Pub. L.
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  • Bur. 2001); and (iii) the International Bureau justified imposing EchoStar the maximum allowable fine for operating satellites from unauthorized orbital positions based on ``the degree of misconduct, lack of voluntary disclosure and continuing violation.'' EchoStar Satellite Corp., 13 FCC Rcd 16510 (Int'l Bur. 1998). See also Paxson Petition at 7 (citing 17 U.S.C. §§ 119, 325(b), and 47 C.F.R. § 76.64); Primetime 24 Comments at 7-9. CBS, Inc. v. PrimeTime 24 Joint Venture, 9 F. Supp.2d 1333, 1344 (S.D. Fla. 1998) (``PrimeTime 24 has simply ignored the grade B test. . . . This evidence demonstrates that PrimeTime 24 knew of the governing legal standard, but nevertheless chose to circumvent it. Accordingly, the Magistrate Judge correctly rejected PrimeTime 24's protests of
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  • w/Prt)-New Svc Install 25.84 tbd 32.85 tbd 35.54 tbd 52.29 tbd 53.81 tbd 4 - 411700LEX/EDI LASR FTE:UNE Platform(Loop w/Prt)-Svc Discnnect 90.88 tbd 90.88 tbd 90.82 tbd 93.22 tbd 93.75 tbd 4 - 411800LEX/EDI LASR FTE:UNE Platform(Loop w/Prt)-Svc Migration w/chgs 86.21 tbd 86.27 tbd 86.02 tbd 76.97 tbd 83.06 tbd 4 - 412000LEX/EDI LASR FTE:UNE Platform(Loop w/Prt)-Chg Activities 72.68 tbd 76.64 tbd 76.64 tbd 75.39 tbd 78.37 tbd 4 - Percent of Flow Through Orders B - 6 CLEC Result P*B CLEC Result P*B CLEC Result P*B CLEC Result P*B CLEC Result P*B Notes Federal Communications Commission FCC 02-330 California Performance Metric Data Sept. 2002 August 2002 Metric Name and Disaggregation Metric Number July 2002 May 2002 June 2002 4 -
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  • 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 faith negotiation requirement sunsets at midnight on Dec.
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  • AND CABLE TELEVISION SERVICE The authority for Part 76 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 152, 153, 154, 301, 302a, 303, 303a, 307, 308, 309, 312, 317, 325, 338, 339, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 531, 571, 572, and 573. Section 76.64 is amended by revising paragraph (d) to read as follows: § 76.64 Retransmission consent. * * * * * (d) A multichannel video program distributor is an entity such as, but not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, or a satellite master antenna television system operator, that
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  • 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, 11 FCC Rcd at
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  • § 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 C.F.R. § 76.60. See DTV Must Carry Order, fn. 448 supra. Cox Comments at 16-18; ACA Comments at 5-7; Coalition Comments at 1-2; OPASTCO Comments at 3. Cox Comments at 17-19. Broadcast Networks Reply Comments at 3-6. Id. at 2. Letter from To-Quyen Troung, Counsel to Cox Communications, to Marlene H. Dortch, Secretary, FCC (Oct. 14, 2003) at 2.
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  • and not to affect the ultimate ability of an MVPD to decide not to enter into retransmission consent with a broadcaster. The Notice stated that the Commission believed that the implementation of Section 207 most consistent with the apparent intent of Congress is to amend our existing rules to apply equally to both broadcasters and MVPDs and tentatively concluded Sections 76.64(l) and 76.65 should be amended accordingly. The Notice sought comment on that approach and any other reasonable implementation of Section 207. 9. The majority of commenters agreed with the implementation proposed by the Commission in the Notice as it applies to in-market negotiations. The Network Affiliates assert that: [b]ecause it is presumed that Congress acts with knowledge of the existing
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  • its ability to obtain carriage, nor does it detail what contractual terms cause it to be disadvantaged vis-à-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 Carte Comments). NAB Reply Comments at 12. Fox A La Carte Comments at 22. We note that as a condition
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  • 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 diameter) to receive programming.
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  • such program are held by the commercial television station providing notice, except as provided in paragraphs (j), (k) or (l) of this section. **** (j) A satellite carrier is not required to delete the duplicating programming of any nationally distributed superstation that is carried by the satellite carrier as a local station with the station's retransmission consent pursuant to § 76.64 or as a significantly viewed station pursuant to § 76.54 (i1) Within the station's local market; (ii2) If the station is "significantly viewed," pursuant to § 76.54, in zip code areas included within the zone of protection unless a waiver of the significantly viewed exception is granted pursuant to § 76.7; or (iii3) If the zone of protection falls, in
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  • 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 signals. We
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  • broadcasters, and not to affect the ultimate ability of an MVPD to decide not to enter into retransmission consent with a broadcaster. We believe that the implementation of Section 207 most consistent with the apparent intent of Congress is to amend our existing rules to apply equally to both broadcasters and MVPDs. We tentatively conclude that we should amend Sections 76.64(l) and 76.65 as set forth on Appendix A of this Notice. We seek comment on this proposal and any other reasonable implementation of Section 207. 8. We note that the original SHVIA good faith provision by its terms applied to ``television broadcast stations.'' Similarly, the SHVERA good faith provision applies to ``multichannel video programming distributors.'' We seek comment whether, under
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  • not comply with our multiple ownership rules. At issue is cable carriage of Tribune Station WPIX, New York, NY. Tribune states that it cannot comply with such a condition because it does not control distribution of Station WPIX, which is carried as a superstation. Further Extension Request at 11 and n. 38 (citing 47 U.S.C. § 325(b)(2)(D); 47 C.F.R. § 76.64(b)(2)(2001)). Further Extension Request at iii-iv, 8, Confidential Addendum. Id. at 9-10. Counterpoint Extension, 17 FCC Rcd at 3244 ¶ 4. Id. at 3244 ¶ 5. Id.. Further Extension Request at 10. Further Extension Request at 11-13, Confidential Addendum. See, e.g., Confidential Status Report (filed May 17, 2004). Further Extension Request at iii-iv, 8, Confidential Addendum. See Note 2, supra. In
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  • 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. Id. BSPA Comments at 24. Qwest Comments at 22-23. NRTC Comments at 8. NAB Reply Comments at 2-3. Affiliates Associations Reply
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  • 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 tiers, other than the
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  • 15 FCC Rcd at 5458; 47 C.F.R. § 76.65(b)(2). 47 C.F.R. § 76.65(b)(1)(iv). Good Faith Order, 15 FCC Rcd at 5463, ¶ 43. American Cable Association's Petition for Inquiry into Retransmission Consent Practices (filed October 1, 2002). This petition will be placed in the record of this proceeding. ACA also filed a ``Petition for Rulemaking to Amend 47 CFR §§ 76.64,76.93 and 76.103'' on March 2, 2005, which asserted that competition and consumers are harmed when broadcasters use exclusivity and network affiliate agreements to extract ``supracomepetitive prices'' for retransmission consent from small cable companies. See Public Notice, Report No. 2696, RM-11203 (March 17, 2005). We note that that in its Retransmission Consent and Exclusivity Rules: Report to Congress Pursuant to Section
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  • 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 is entitled to carriage. See Carriage of Digital Television Broadcast Signals, Amendments to Part 76 of the Commission's Rules, Implementation of
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  • ¶ 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 with each other, to
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  • name of the cable system. See Implementation of the Cable Television Consumer Protection and Competition Act of 1992 - Broadcast Signal Carriage Issues, MM Docket No. 92-259, Report and Order, 8 FCC Rcd 2965, 2990, ¶ 101 (1993) (``1993 Must Carry Order''); clarified in the Clarification Order, 8 FCC Rcd 4142, 4144, ¶ 11 (1993); see also 47 C.F.R. § 76.64(f)(4). See Carriage of Digital Television Broadcast Signals: Amendments to Part 76 of the Commission's Rules and Implementation of the Satellite Home Viewer Improvement Act of 1999, First Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 2598, 2617, ¶ 29 (``First DTV Must Carry Order''); 47 C.F.R. § 76.64(f)(4). See 47 C.F.R. § 76.64. The signal may
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  • to cable carriage of its digital broadcast signal within the West Palm Beach-Ft. Pierce television market. The Commission held that broadcasters initiating DTV-only service were entitled to mandatory carriage for their digital signals consistent with applicable statutory and regulatory provisions. The Commission stated that WHDT was entitled to make its cable carriage election in accordance with the provisions of Section 76.64(f)(4) of the Commission's rules. The Commission also held that a digital-only television station may demand carriage of its digital signal in a converted analog format provided that the station pays the cost of downconverting the signal. The carriage rights of digital-only television stations and the policy regarding downconversion were matters also raised and resolved in the Commission's Digital Broadcast Signal
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  • of the Transmissions of Digital Television Broadcast Stations, CS Docket No. 98-120, Notice of Proposed Rulemaking, 13 FCC Rcd 15092, 15093, paras. 1-2 (1998) (``1998 NPRM''). 47 U.S.C. § 534; Broadcast Signal Carriage Issues, 8 FCC Rcd 2965 (1993) (``Cable Must-Carry Order''). See also Broadcast Signal Carriage Issues, 9 FCC Rcd 6723 (1994) (``Cable Must-Carry Reconsideration Order''). 47 C.F.R. § 76.64(f). 47 C.F.R. § 76.64(a). Carriage of Digital Television Broadcast Signals; Amendments to Part 76 of the Commission's Rules and Implementation of the Satellite Home Viewer Improvement Act of 1999, CS Docket No. 98-120, First Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 2598, 2613, para. 36 (2001) (``First Report and Order''). 47 U.S.C. § 534(b)(4)(B). The
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  • L. No. 108-447, 118 Stat 2809 (2004) (codified in scattered sections of 17 and 47 U.S.C.) (``SHVERA''). Additionally, broadcasters and DBS operators are prohibited from entering into exclusive retransmission consent agreements (although terms, conditions, and prices may vary if based on competitive marketplace considerations), and they must negotiate in good faith. See 47 U.S.C. § 325(b)(3)(C)(ii), (iii); 47 C.F.R. §§ 76.64(l), 76.65. By statute and regulation, the exclusivity and good faith negotiation requirements are effective until January 1, 2010. 47 U.S.C. § 325(b)(3)(C)(ii), (iii); 47 C.F.R. §§ 76.64(l), 76.65(f). News Corp.-Hughes Order, 19 FCC Rcd at 572-73 ¶¶ 220-21. Id. Id. Id.; see also id. at 572 ¶ 219. Application at 2 n.2, 18. Supplement to Application at 2. The letter
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  • 338 of the Communications Act, Report and Order, 20 FCC Rcd. 14242 (2005) (``SHVERA Alaska/Hawaii Carriage Order'')(noting that Section 210 of the SHVERA amended Section 338(a) of the Act to require satellite carriers to carry the analog and digital signals of television broadcast stations in local markets in Alaska and Hawaii). See 47 U.S.C. § 325(b)(1). See 47 C.F.R. § 76.64(f). See 47 U.S.C. § 325(b)(2)(A). See Carriage of Digital Television Broadcast Signals; Amendments to Part 76 of the Commission's Rules and Implementation of the Satellite Home Viewer Improvement Act of 1999, First Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 2598, 2613 (2001) (``First Report and Order'' or ``Further Notice''). See First Report and Order, 16
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Implementation of Section 1003(b) of the Department of Defense Appropriations Act, 2010 ) ) ) ) ORDER Adopted: December 28, 2009 Released: December 28, 2009 By the Commission: I. INTRODUCTION In this Order, we amend Sections 76.64(l) and 76.65(f) of the Commission's rules in accordance with Section 1003(b) of the Department of Defense Appropriations Act, 2010. Section 325(b)(3)(C)(ii) of the Communications Act of 1934, as amended (the ``Act''), required the Commission to adopt regulations that, until January 1, 2010, prohibit a television broadcast station that provides retransmission consent from engaging in exclusive contracts for carriage or failing
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  • documentation into the record, including a carriage election letter sent by WMDT to DISH that is dated March 11, 2010. 17 U.S.C. § 122(a)(1)(B) permits secondary transmission only by a carrier which is in compliance with our carriage rules. The Commission's rules permit carriage of a ``retransmission consent'' station only with the explicit consent of that station. 47 C.F.R. § 76.64. See also 47 U.S.C. § 325(b)(1). The only local signal currently being carried by DISH in the Salisbury DMA is that of a PBS affiliate. Application at Attachment E, page 3. Comment at 2. Reply of DISH at 2 (``Reply''). Reply at 5. 47 C.F.R. § 76.66. 47 U.S.C. § 342(a)(2). 47 U.S.C. § 342(a)(2)(A). The term ``good quality satellite
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  • FCC Rcd 2598 (2001) (establishing the service level for cable) and Implementation of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues and Retransmission Consent Issues, Second Report and Order, Memorandum Opinion and Order, and Second Further Notice of Proposed Rulemaking, 23 FCC Rcd 5351 (2008) (adopting identical requirements in the satellite context). 47 C.F.R. §§ 76.64(f)(5) and 76.66(d)(3); see supra ¶[7] for a more general discussion of permitting sharing for new stations. See discussion supra ¶ 22 for a more general discussion of permitting sharing for low-power stations. See supra ¶ 31. Currently, although each broadcaster has only a single ``primary'' stream of programming that is potentially eligible for mandatory carriage, we do not regulate the
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  • at 14 (arguing that, while the network non-duplication and syndicated exclusivity rules ``certainly exacerbate the problems surrounding existing retransmission consent negotiations . . . the Commission should focus first and foremost on the brinkmanship that causes consumer harm in the first place.''); Verizon Reply at 2, 11. In addition, ACA filed a ``Petition for Rulemaking to Amend 47 C.F.R. §§ 76.64, 76.93 and 76.103'' on March 2, 2005 (``ACA's 2005 Petition''), asserting that competition and consumers are harmed when broadcasters use exclusivity and network affiliation agreements to extract ``supracompetitive prices'' for retransmission consent from small cable companies. See Public Notice, Report No. 2696, RM-11203 (Mar. 17, 2005). We hereby incorporate in this proceeding by reference ACA's 2005 Petition, as well as
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  • 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 (PEG) use. 47 U.S.C. §
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  • analog and digital broadcast signal. They argue that separate must carry/retransmission consent elections should be allowed for each transmission mode.93 In this context, we first seek comment on whether analog and digital broadcasts constitute separate Federal Communications Commission FCC 98-153 94See 47 C.F.R. 76.62(a); see also Must Carry Reconsideration, 9 FCC Rcd at 6745. 95See 47 U.S.C. §325(b)(3)(B); 47 C.F.R. §76.64(f)(2). 9647 C.F.R. §76.64(f)(4). 97A superstation is a television broadcast station other than a network station, licensed by the Commission that is secondarily transmitted by a satellite carrier. 47 C.F.R. §76.64(c)(2). 9847 U.S.C. §325(b)(1). 99S. Rep. No. 92, 102d Cong., 1st Sess. at 27 (1992). 20 "broadcasting stations" for purposes of retransmission consent and digital broadcast signal carriage. Would the Broadcaster's
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  • faith . . . As the quoted language indicates, Section 325 is not a self-effectuating provision. It has substance and structure only after the Commission has concluded its rulemaking to implement the good faith and exclusivity limitations of Section 325(b)(3)(C). Moreover, we need not apply SHVIA retroactively to ensure that such preexisting agreements do not contain impermissible exclusivity provisions. Section 76.64(m) of the Commission's rules has been in effect since 1993 and expressly prohibits exclusive retransmission consent agreements. If any MVPD believes that a broadcaster and an MVPD entered into a prohibited exclusive retransmission consent agreement prior to adoption of SHVIA, that party may file a petition for special relief alleging that a broadcaster and MVPD have violated Section 76.64(m). Accordingly,
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  • particular television station, even if that station chose must carry for its analog signal. We believe this scenario would be precluded if we were to prohibit a station from making such a selection. We also find that DTV-only stations may choose either retransmission consent or mandatory carriage like their analog counterparts. The retransmission consent rules and regulations contained in Section 76.64 would likewise apply to digital broadcast television signals. Modification of the Election Cycle In the Notice, we indicated that the Act requires local commercial television stations to elect either must carry or retransmission consent on a triennial basis. We noted that new television stations can make their initial election anytime between 60 days prior to commencing broadcast and 30 days
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  • digital-only station, operating on Channel 59, seeking carriage only for its high definition digital signal. As in the 700 MHz Order, we conclude that broadcasters initiating DTV-only service ``are entitled to mandatory carriage for their digital signals consistent with applicable statutory and regulatory provisions.'' WHDT is entitled to make its cable carriage election in accordance with the provisions of Section 76.64(f)(4). D. Manner of Carriage According to C-Span, there is no support in either the Act or the Commission's rules for imposing a requirement that a cable operator convert a digital-only signal into an analog format at the headend. WHDT states that it is offering to convert its digital signal to analog at local cable headends in order to accommodate carriage
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  • deny the EchoStar/MCI Application.77 29. Applicants respond that PrimeTime 24 lacks standing in this proceeding because it is not a party in interest under Section 309(d)(1) of the Communications Act,78 and cite our longstanding policy of refusing to adjudicate private contract issues of the kind raised by PrimeTime 24.79 We find both arguments advanced by Applicants persuasive. 74 47 C.F.R. 76.64(m). 75 PrimeTime 24 Petition at 2-3. 76 PrimeTime 24 Reply at 2-3. 77 PrimeTime 24 Reply at 2-3. 78 The Communications Act provides that [a]ny party in interest may file with the Commission a petition to deny an application . . . . The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party
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  • electronic form as of January 10, 1999. These reports shall be filed with the Commission on January 10, 1998, January 10, 1999, and January 10, 2000. * * * * * (15) Must-carry or retransmission consent election. Statements of a commercial television or Class A television station's election with respect to either must-carry or re-transmission consent, as defined in § 76.64 of this chapter. These records shall be retained for the duration of the three year election period to which the statement applies. * * * * * Class A TV Continuing Eligibility. Documentation sufficient to demonstrate that the Class A television station is continuing to meet the eligibility requirements set forth at § 73.6001. * * * * * 40.
• http://transition.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • 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 Cable Act also directed the Commission to initiate a proceeding at the time that it prescribes modified standards for what is now referred to as digital television ("DTV") and "to establish any changes in the signal carriage requirements of cable television systems necessary to ensure cable carriage of such broadcast signals of local
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  • analog and digital broadcast signal. They argue that separate must carry/retransmission consent elections should be allowed for each transmission mode.93 In this context, we first seek comment on whether analog and digital broadcasts constitute separate Federal Communications Commission FCC 98-153 94See 47 C.F.R. 76.62(a); see also Must Carry Reconsideration, 9 FCC Rcd at 6745. 95See 47 U.S.C. §325(b)(3)(B); 47 C.F.R. §76.64(f)(2). 9647 C.F.R. §76.64(f)(4). 97A superstation is a television broadcast station other than a network station, licensed by the Commission that is secondarily transmitted by a satellite carrier. 47 C.F.R. §76.64(c)(2). 9847 U.S.C. §325(b)(1). 99S. Rep. No. 92, 102d Cong., 1st Sess. at 27 (1992). 20 "broadcasting stations" for purposes of retransmission consent and digital broadcast signal carriage. Would the Broadcaster's
• http://www.fcc.gov/Bureaus/Cable/Notices/1999/fcc99406.doc
  • necessary or prudent revisions to our retransmission consent rules as a result of the initiation of satellite must carry. The Commission was directed by Congress to undertake a rulemaking to implement a substantially similar provision of the 1992 Cable Act. In the Broadcast Signal Carriage Order, the Commission adopted such regulations. The rules implementing this provision are codified at Section 76.64 of the Commission's rules. We seek comment on the appropriate manner to implement the provisions of amended Section 325(b)(2). In particular, we seek comment on whether the amended provisions should be incorporated into existing Section 76.64 of the Commission's rules, or whether some other regulatory framework or procedures would more appropriately implement amended Section 325(b)(2). We also seek comment on
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  • the rational basis standard.'' See Conference Report at H11795. The Conferees also noted that they were ``confident that the proposed license provisions would pass constitutional muster even if subjected to the O'Brien standard [intermediate First Amendment scrutiny] applied to the cable must carry requirement.'' Id. 47 C.F.R. §76.58. See, e.g., Broadcast Signal Carriage Order, 8 FCC at 2974; 47 C.F.R. §76.64(h). 47 C.F.R. §76.64(f)(2). See 47 C.F.R. §76.61(a) (regarding the carriage of commercial television stations) and (b) (regarding the carriage of noncommercial television stations). 47 C.F.R. §76.64(f)(4) and (l). 47 U.S.C. §325(b)(3)(C). Section 338(h)(4) of the Communications Act defines the term, satellite carrier, as having the meaning given such term in Section 119(d) of title 17, United States Code. Section 119(d)
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  • filed by Vision 3 Broadcasting, Inc. IS GRANTED to the extent indicated above, and Time Warner Cable shall commence carriage of WVBG-LP within sixty (60) days after WVBG-LP provides a good quality signal to the system's principal headend. IT IS FURTHER ORDERDED that WVBG-LP 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) within thirty (30) days after WVBG-LP provides a good quality signal to the system's principal headend. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau 47 C.F.R. §76.56(b)(3). Section 76.55(d)(2) of the rules provides that the LPTV station must
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99371.doc
  • it may demand consent for carriage on the Cablevision-West Jefferson system. 5. Cablevision states that it seeks resolution of the following issue -- Does WCYB-TV's inconsistent broadcast signal election for the West Jefferson system render its signal a must carry on the two franchise areas served by that system? Cablevision asserts that Section 325(b) of the Communications Act and Section 76.64(g) of the Commission's rules, as well as the Bureau's reconsideration decision in Cablevision Systems Corporation, clearly compel an affirmative answer. Cablevision points out that Section 325(b)(1)(3)(B) of the Communications Act states: "If there is more than one cable system which services the same geographic area, a station's election shall apply to all such cable systems." Moreover, Cablevision states that in
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000340.doc
  • 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 communities include: Mariposa
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000387.doc
  • (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 Act, as amended
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  • specialized equipment necessary to deliver a good quality signal to CTI's principal headend. 9. We find that WIDP's request for mandatory carriage is moot because of the timing of the most recent election cycle in which commercial television stations were required to select either retransmission consent or must-carry status with respect to carriage on a cable system. Pursuant to Section 76.64(f)(2), a commercial television station is required to make an election between retransmission consent and must-carry at three-year intervals. WIDP was required to make an election by October 1, 1999 and such elections took effect on January 1, 2000. Television stations that fail to make an election are deemed to have elected must-carry status. There is no evidence in the record
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  • 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 Act, as amended
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  • 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 include: Merced, Atwater,
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000722.doc
  • was acting as an agent for WMEI and/or its licensee, that the letter at issue constituted a valid demand for carriage, and that WMEI failed to file a must carry complaint with the Commission, as required by our rules, within sixty days after Cable TV either ignored or denied that initial letter. 5. We further note that, pursuant to Section 76.64(f)(2), a commercial television station, such as WMEI, is required to make an election between retransmission consent and must carry at three-year intervals. WMEI was required to make a new election by October 1, 1999, and such elections took effect on January 1, 2000. Television stations that fail to make an election are deemed to have elected must carry status. There
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000738.doc
  • invoked its must carry rights and requested mandatory carriage form Century. The Bureau's conclusion that the March 7, 1997 letter is the date on which WHCT exercised its mandatory carriage rights does not constitute a material error or omission that would warrant a reversal of the Order. Although, we deny WHCT's petition for reconsideration, we note that pursuant to Section 76.64(f)(2), a commercial television station, such as WHCT, is required to make an election between retransmission consent and must carry at three-year intervals. WHCT was required to make a new election by October 1, 1999, to become effective on January 1, 2000. Television stations that fail to make an election are deemed to have elected must carry status. Assuming that WHCT,
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  • 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 amended by the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000854.doc
  • 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 amended by the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000872.doc
  • Motion to Strike and Supplemental Reply at 1. Id. at 2. WFMZ-TV Opposition to Motion to Strike at 3-4; See Declaration of Barry N. Fisher, Vice President - Operations of WFMZ-TV. WFMZ-TV notes that Comcast did not contest this declaration, which was also attached to its reply pleading. WFMZ-TV Opposition to Motion to Strike at 5. See 47 C.F.R. § 76.64(f)(2). 47 U.S.C. § 534(b)(6); 47 C.F.R. § 76.57. Id.; 47 C.F.R. § 76.57(c). Comcast Motion to Strike and Supplemental Response at 3. 47 C.F.R. § 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 00-872 Federal Communications Commission DA 00-872 ê x ƒ ƒ @& ý - f Æ Ò ä 0 ƒ
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000905.doc
  • §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 the Communications Act,
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000934.doc
  • the station provides a cable operator with specialized equipment, at the station's expense, which will improve the station's signal to an acceptable quality at a cable system's principal headend. Must Carry Order at 2991; see also 47 U.S.C. § 534(h)(1)(B)(iii). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992); 47 C.F.R. § 76.64(f)(2). See also Must Carry Order at 3001 and Section 47 C.F.R. § 76.64(f)(2) of the Commission's rules. 47 C.F.R. § 76.64(f)(3). 47 C.F.R. § 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 00-934 Federal Communications Commission DA 00-934 3 4 @&
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000982.doc
  • 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 by the Telecommunications
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001123.doc
  • channel 48 if RCN reconfigured its channel line-up prior to December 31, 1999. If it did not, RCN maintains that it was free to continue to carry WGTW on cable channel 12 after that date. We disagree with RCN's interpretation of the agreement. The agreement clearly states that ``during the term of WGTW-TV's must-carry election (expiring December 31, 1999).'' Section 76.64(f) of the Commission's rules requires that commercial television stations make an election between must carry and retransmission consent every three years. While this requirement allows a station, should it so wish, to change its status from must carry or retransmission consent at specified intervals, it also limits the term in which such election is valid. As a result, any agreement
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001178.doc
  • defined by Nielsen Media Research. A DMA is a geographic market designation that defines each television market exclusive of others, based on measured viewing patterns. DISCUSSION In support of its request, WHCT-TV states that, by letter dated September 23, 1999, it first requested carriage on Comcast's cable system by its statement of election of must carry status pursuant to Section 76.64(h) of the Commission's rules. WHCT-TV states that, after receiving a noncommittal response from Comcast, and consistent with Section 76.61(a)(1) of the Commission's rules, it sent a second letter on December 27, 1999, advising Comcast of its failure to meet its carriage obligations. When no response was received to this letter, WHCT-TV states that it filed the instant complaint. WHCT-TV states
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001287.doc
  • of the cable system's headend tower to incorporate an additional antenna due to structural stress. WTVE did not respond to any of these allegations. Upon review, we agree with Armstrong's assessment that WTVE's complaint was not timely filed pursuant to Section 76.61(a)(5) of the Commission's rules. WTVE's October 1, 1999 letter is, in part, an election notification pursuant to Section 76.64(f) of the Commission's rules. In addition, it clearly contains a request for carriage pursuant to Section 76.61(a)(1) of the rules. Indeed, WTVE, in its own complaint characterizes its October 1, 1999 letter as a request for carriage. Armstrong properly responded to the October 1st request within the thirty days required pursuant to Section 76.61(a)(2) of the rules and denied WTVE's
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001646.doc
  • amended (47 U.S.C. §534), that the complaint filed by V-One Productions, Inc. IS GRANTED. Charter is ordered to commence carriage of WWCI-LP on its Indian River County system within sixty (60) days of the release date of this order. IT IS FURTHER ORDERED that WWCI-LP 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 WWCI-LP states that these communities include, but are not limited to, Sebastian and other unincorporated
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.doc http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00099.txt
  • faith . . . As the quoted language indicates, Section 325 is not a self-effectuating provision. It has substance and structure only after the Commission has concluded its rulemaking to implement the good faith and exclusivity limitations of Section 325(b)(3)(C). Moreover, we need not apply SHVIA retroactively to ensure that such preexisting agreements do not contain impermissible exclusivity provisions. Section 76.64(m) of the Commission's rules has been in effect since 1993 and expressly prohibits exclusive retransmission consent agreements. If any MVPD believes that a broadcaster and an MVPD entered into a prohibited exclusive retransmission consent agreement prior to adoption of SHVIA, that party may file a petition for special relief alleging that a broadcaster and MVPD have violated Section 76.64(m). Accordingly,
• 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
  • particular television station, even if that station chose must carry for its analog signal. We believe this scenario would be precluded if we were to prohibit a station from making such a selection. We also find that DTV-only stations may choose either retransmission consent or mandatory carriage like their analog counterparts. The retransmission consent rules and regulations contained in Section 76.64 would likewise apply to digital broadcast television signals. Modification of the Election Cycle In the Notice, we indicated that the Act requires local commercial television stations to elect either must carry or retransmission consent on a triennial basis. We noted that new television stations can make their initial election anytime between 60 days prior to commencing broadcast and 30 days
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01023.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01023.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01023.txt
  • digital-only station, operating on Channel 59, seeking carriage only for its high definition digital signal. As in the 700 MHz Order, we conclude that broadcasters initiating DTV-only service ``are entitled to mandatory carriage for their digital signals consistent with applicable statutory and regulatory provisions.'' WHDT is entitled to make its cable carriage election in accordance with the provisions of Section 76.64(f)(4). D. Manner of Carriage According to C-Span, there is no support in either the Act or the Commission's rules for imposing a requirement that a cable operator convert a digital-only signal into an analog format at the headend. WHDT states that it is offering to convert its digital signal to analog at local cable headends in order to accommodate carriage
• http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99109.pdf http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99109.txt http://www.fcc.gov/Bureaus/International/Orders/1999/fcc99109.wp
  • deny the EchoStar/MCI Application.77 29. Applicants respond that PrimeTime 24 lacks standing in this proceeding because it is not a party in interest under Section 309(d)(1) of the Communications Act,78 and cite our longstanding policy of refusing to adjudicate private contract issues of the kind raised by PrimeTime 24.79 We find both arguments advanced by Applicants persuasive. 74 47 C.F.R. 76.64(m). 75 PrimeTime 24 Petition at 2-3. 76 PrimeTime 24 Reply at 2-3. 77 PrimeTime 24 Reply at 2-3. 78 The Communications Act provides that [a]ny party in interest may file with the Commission a petition to deny an application . . . . The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • electronic form as of January 10, 1999. These reports shall be filed with the Commission on January 10, 1998, January 10, 1999, and January 10, 2000. * * * * * (15) Must-carry or retransmission consent election. Statements of a commercial television or Class A television station's election with respect to either must-carry or re-transmission consent, as defined in § 76.64 of this chapter. These records shall be retained for the duration of the three year election period to which the statement applies. * * * * * Class A TV Continuing Eligibility. Documentation sufficient to demonstrate that the Class A television station is continuing to meet the eligibility requirements set forth at § 73.6001. * * * * * 40.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020410.html
  • Center at (202) 418-0270 [10]DOC-221483A1.pdf [11]DOC-221483A1.txt Report No: 45210 Released: 04/10/2002. BROADCAST ACTIONS. MB [12]DOC-221485A1.txt Report No: 25210 Released: 04/10/2002. BROADCAST APPLICATIONS. MB [13]DOC-221484A1.txt Report No: 25210A Released: 04/10/2002. NOTICE OF ACCEPTANCE FOR FILING OF TELEVISION BROADCAST STATION APPLICATION AND NOTICE OF PETITION TO DENY DEADLINE Cut-Off Date: May 17, 2002. MB [14]DOC-221473A1.doc [15]DOC-221473A1.pdf [16]DOC-221473A1.txt Released: 04/10/2002. CORRECTIONS TO PART 76.64 RULES PERTAINING TO RETRANSMISSION CONSENT. (DA No. 02-818). (Dkt No 98-120). MB. Contact: Kenneth Lewis at (202) 418-2622, TTY: (202) 418-7172. News Media Contact: Michelle Russo at (202) 418-7200 [17]DA-02-818A1.doc [18]DA-02-818A1.pdf [19]DA-02-818A1.txt Report No: 430 Released: 04/10/2002. MEDIA BUREAU CALL SIGN ACTIONS. MB, MB [20]DOC-221461A1.pdf [21]DOC-221461A1.txt Released: 04/10/2002. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG. WCB. Contact: Reference Information Center at (202)
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd091229.html
  • Policy Division, Media Bureau. Adopted: 12/28/2009 by MO&O. (DA No. 09-2636). MB [10]DA-09-2636A1.doc [11]DA-09-2636A1.pdf [12]DA-09-2636A1.txt * * * * * ADDENDA: THE FOLLOWING ITEMS, RELEASED DECEMBER 28, 2009, DID NOT APPEAR IN DIGEST NO. 252: ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- IMPLEMENTATION OF SECTION 1003(B) OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010. Adopted an order amending sunset dates in Sections 76.64 and 76.65 of the Rules. Action by: the Commission. Adopted: 12/28/2009 by ORDER. (FCC No. 09-113). MB [13]FCC-09-113A1.doc [14]FCC-09-113A1.pdf [15]FCC-09-113A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295383A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295383A2.txt 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295382A1.pdf 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295382A2.txt 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295395A1.pdf 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295395A1.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2637A1.doc 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2637A1.pdf 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2637A1.txt 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2636A1.doc 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2636A1.pdf 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2636A1.txt 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-113A1.doc 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-113A1.pdf 15. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-113A1.txt
• http://www.fcc.gov/mb/engineering/76print.html
  • 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 policy. [27]76.75 EEO program requirements. [28]76.77 Reporting requirements. [29]76.79 Records available for public inspection. Subpart F -- Network Non-duplication Protection, Syndicated Exclusivity and Sports
• http://www.fcc.gov/mb/engineering/part76.pdf
  • § 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 of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... Subpart E-Equal Employment Opportunity Requirements § 76.71 Scope of application. § 76.73 General EEO policy. § 76.75 Specific EEO program requirements. § 76.77 Reporting requirements
• http://www.fcc.gov/ogc/documents/opinions/2002/01-1153.doc http://www.fcc.gov/ogc/documents/opinions/2002/01-1153.html http://www.fcc.gov/ogc/documents/opinions/2002/01-1153.pdf
  • provision that permits the broadcaster and the cable operator to negotiate cable carriage arrangements and the broadcast station to receive compensation in return. Id. § 325(b). Every three years, the broadcaster is required to make an election between the must-carry and the retransmission consent options. See id. § 325(b)(3)(B). The first three-year cycle began in June 1993. 47 C.F.R. § 76.64(f)(1). A broadcast station's "market" is "determined by the Commission by regulation or order using, where available, commercial publications which delineate television markets based on viewing patterns." 47 U.S.C. § 534(h)(1)(C)(i). In 1992, the year the Cable Act was enacted, the Commission's rules, now codified at 47 C.F.R. § 76.55(e)(2), defined a station's market by reference to the Area of Dominant
• http://www.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • 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 Cable Act also directed the Commission to initiate a proceeding at the time that it prescribes modified standards for what is now referred to as digital television ("DTV") and "to establish any changes in the signal carriage requirements of cable television systems necessary to ensure cable carriage of such broadcast signals of local
• http://www.fcc.gov/transaction/att-comcast/comcast_appli022802.pdf
  • 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, as here, the "secondary market"
• http://www.fcc.gov/transaction/echostar-directv/paxson_petdeny020402.pdf
  • was not isolated to the illegal retransmission of broadcasters' signals into local markets. EchoStar, through PrimeTime24 (a partnership consisting of EchoStar, DirecTV and other satellite companies) proceeded to sell out-of-market network signals indiscriminately ­ including to those subscribers who, despite the clear requirements of SHVA, lived well within the local service 12 See 47 U.S.C. § 325(b); 47 C.F.R. § 76.64. 13 Reauthorization of the Satellite Home Viewers Act: Hearing Before the Subcommittee on Telecommunications, Trade, and Consumer Protection of the House Committee on Commerce, 106th Cong. 73 (1999). 14 See, e.g., EchoStar Chairman Wants Changes to Legislation, SATELLITE TODAY, May 5, 1999 ("EchoStar currently offers local channels to a limited number of viewers in 13 major markets..."); EchoStar Plans Launch
• http://www.fcc.gov/transaction/nbc-telemundo/exhibit6.pdf
  • to maintain all FCC Licenses in full force and effect and (ii) the Company and each of its Subsidiaries are in compliance with the terms of the Company Licenses. With respect to each Station, each of the Company and its Subsidiaries, during the period of ownership of such Station by the Company or the applicable Subsidiary, in accordance with Section 76.64 of the FCC Rules (47 C.F.R. Section 76.64), has made the required election between retransmission consent or must carry status with respect to each multi-channel video programming distributor serving all or any part of the television market (as defined by the FCC) of such Station. (b) No application, action or proceeding is pending for the renewal or modification of any