FCC Web Documents citing 76.66

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1477A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1477A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1477A1.txt
  • 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov CABLE SERVICES BUREAU ACTION June 22, 2001 Effective Date of Broadcast Signal Carriage Rule Provisions Requiring OMB Approval CS Docket Nos. 00-96 and 99-363 On November 30, 2000, the Commission, in CS Docket Nos. 00-96 and 99-363, released a Report and Order (FCC 00-417, 16 FCC Rcd 1918 (2000)) adopting a rule, 47 C.F.R. 76.66 (Satellite Broadcast Signal Carriage rule), requiring satellite carriers, by January 1, 2002, to carry all local television stations seeking carriage in any market in which they provide local-into-local service. The rule, which was published in the Federal Register at 66 FR 7410 (Jan. 23, 2001), was adopted pursuant to Section 338 of the Communications Act of 1934, adopted as part
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2822A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2822A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2822A1.txt
  • ORDER Adopted: December 4, 2001 Released: December 5, 2001 By the Chief, Cable Services Bureau: introduction Johnson Broadcasting, Inc. (``Johnson''), licensee of commercial television station KNWS, Channel 51, Katy, TX (``KNWS'' or the ``station'') filed the above-captioned must carry complaint against DIRECTV, Inc. (``DIRECTV''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of KNWS on its satellite system. KNWS states that DIRECTV is providing ``local-into-local'' satellite service in the Houston, TX market, which is the designated market area (``DMA'') where station KNWS operates, pursuant to the statutory copyright license. In its complaint, KNWS alleges that DIRECTV has failed to meet its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2857A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2857A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2857A1.txt
  • ORDER Adopted: December 6, 2001 Released: December 10, 2001 By the Deputy Chief, Cable Services Bureau: introduction Entravision Holdings, LLC, licensee of commercial television station WJAL-TV, Channel 68, Hagerstown, MD (``WJAL'' or the ``station'') filed the above-captioned must carry complaint against DIRECTV, Inc. (``DIRECTV''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WJAL on its satellite system. WJAL states that DIRECTV is providing ``local-into-local'' satellite service in the Washington, DC-Hagerstown, MD market, which is the designated market area (``DMA'') where station WJAL operates, pursuant to the statutory copyright license. In its complaint, WJAL alleges that DIRECTV has failed to meet
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2886A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2886A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2886A1.txt
  • December 11, 2001 Released: December 13, 2001 By the Deputy Chief, Cable Services Bureau: introduction Entravision Holdings, LLC, licensee of commercial television station WVEN(TV), Channel 26, Daytona Beach, FL (``WVEN'' or the ``station'') filed the above-captioned must carry complaint against EchoStar Communications Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WVEN on its satellite system. WVEN states that EchoStar is providing ``local-into-local'' satellite service in the Orlando-Daytona Beach-Melbourne, FL market, which is the designated market area (``DMA'') where station WVEN operates, pursuant to the statutory copyright license. In its complaint, WVEN alleges that EchoStar has failed to meet
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2887A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2887A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2887A1.txt
  • Adopted: December 11, 2001 Released: December 13, 2001 By the Deputy Chief, Cable Services Bureau: introduction Entravision Holdings, LLC, licensee of commercial television station WVEN(TV), Channel 26, Daytona Beach, FL (``WVEN'' or the ``station'') filed the above-captioned must carry complaint against DIRECTV, Inc. (``DIRECTV''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WVEN on its satellite system. WVEN states that DIRECTV is providing ``local-into-local'' satellite service in the Orlando-Daytona Beach-Melbourne, FL market, which is the designated market area (``DMA'') where station WVEN operates, pursuant to the statutory copyright license. In its complaint, WVEN alleges that DIRECTV has failed to meet
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2888A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2888A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2888A1.txt
  • Adopted: December 11, 2001 Released: December 13, 2001 By the Deputy Chief, Cable Services Bureau: introduction KVMD Acquisition Corp., licensee of commercial television station KVMD(TV), Channel 31, Twentynine Palms, CA (``KVMD'' or the ``station'') filed the above-captioned must carry complaint against DIRECTV, Inc. (``DIRECTV''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of KVMD on its satellite system. KVMD states that DIRECTV is providing ``local-into-local'' satellite service in the Los Angeles, CA market, which is the designated market area (``DMA'') where station KVMD operates, pursuant to the statutory copyright license. In its complaint, KVMD alleges that DIRECTV has failed to meet
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1021A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1021A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1021A1.txt
  • Family Stations, Inc. v. EchoStar Satellite Corporation Petition for Reconsideration ) ) ) ) ) ) ) ) ) CSR-5761-M MEMORANDUM OPINION AND ORDER Adopted: May 1, 2002 Released: May 3, 2002 By the Deputy Chief, Media Bureau: introduction In this Order, we consider a petition for reconsideration of our initial order and alternatively, a petition for waiver of Section 76.66(c)(3) filed with the Commission by Family Stations, Inc. (``Family Stations''), licensee of commercial television station KFTL, Channel 64, Stockton, CA (``KFTL'' or the ``station''). Our Initial Order denied KFTL's complaint against EchoStar Communications Corporation (``EchoStar'') for its refusal to carry the signal of KFTL on its satellite system providing ``local-into-local'' satellite service in the Sacramento-Stockton-Modesto (``Sacramento'') market, the designated market
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  • Family Stations, Inc. v. EchoStar Satellite Corporation Petition for Reconsideration ) ) ) ) ) ) ) ) ) CSR-5762-M MEMORANDUM OPINION AND ORDER Adopted: May 1, 2002 Released: May 3, 2002 By the Deputy Chief, Media Bureau: introduction In this Order, we consider a petition for reconsideration of our initial order and alternatively, a petition for waiver of Section 76.66(c)(5) filed with the Commission by Family Stations, Inc. (``Family Stations''), licensee of noncommercial television station WFME, West Milford, NJ (``WFME'' or the ``station''). Our Initial Order denied WFME's complaint against EchoStar Communications Corporation (``EchoStar'') for its refusal to carry the signal of WFME on its satellite system providing ``local-into-local'' satellite service in the New York market, the designated market area
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  • ) ) ) CSR-5731-M MEMORANDUM OPINION AND ORDER Adopted: January 11, 2002 Released: January 14, 2002 By the Deputy Chief, Cable Services Bureau: introduction Paxson Communications Corporation (``Paxson''), licensee of several full power commercial television stations filed the above-captioned must carry complaint against DirecTV, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules, for its refusal to carry Paxson's television broadcast signals on its satellite system. Paxson states that DirecTV is providing ``local-into-local'' satellite service in the 31 designated market areas (``DMAs'') where the stations operate, pursuant to the statutory copyright license. In its complaint, Paxson alleges that DirecTV has refused to meet its must carry obligations under the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-113A1.txt
  • CSR-5735-M Adopted: January 15, 2002 Released: January 17, 2002 By the Deputy Chief, Cable Services Bureau: INTRODUCTION North Pacific International Television, Inc. (``North Pacific''), licensee of commercial television station KHCV(TV), Seattle, Washington (``KHCV'' or the ``station'') filed the above-captioned must carry complaint against DIRECTV, Inc. (DIRECTV''), pursuant to Section 338 of the Communications Act of 1934, as amended, and Section 76.66 of the of the Commission's rules for its refusal to carry the signal of KHCV on its satellite system. KHCV states that DIRECTV is providing ``local-into-local'' satellite service in the Seattle, Washington market, which is the designated market area (``DMA'') where station KHCV operates, pursuant to the statutory copy license. In its complaint, KHVC alleges that DIRECTV has failed to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-114A1.txt
  • January 14, 2002 Released: January 17, 2002 By the Deputy Chief, Cable Services Bureau: introduction Johnson Broadcasting, Inc. (``Johnson''), licensee of commercial television station KLDT-TV, Channel 55, Lake Dallas, Texas (``KLDT'' or the ``station'') filed the above-captioned must carry complaint against DIRECTV, Inc. (``DIRECTV''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of KLDT on its satellite system. KLDT states that DIRECTV is providing ``local-into-local'' satellite service in the Dallas, Texas market, which is the designated market area (``DMA'') where station KLDT operates, pursuant to the statutory copyright license. In its complaint, the station alleges that DIRECTV has failed to meet
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  • 1918 (2000), Order on Reconsideration, 16 FCC Rcd 16544 (2001)). The U.S. Court of Appeals for the Fourth Circuit recently upheld the constitutional validity of SHVIA and the reasonableness of the Commission's rules promulgated thereunder. See Satellite Broadcasting and Communications Association v. FCC, __ F.3d ____, 2001WL 1557809 (4th Cir., December 7, 2001). 47 U.S.C. § 338; 47 C.F.R. § 76.66(b). Public Notice, Report No. SAT-00080 (rel. August 24, 2001). See Petition of Northpoint Technology, Ltd. and Broadwave USA, Inc. to Stay Proceedings Pending Disclosure and Analysis of Data Regarding Planned Signals, File Nos. SAT-MOD-20010810-00071 & SAT-A/O-20010810-00073 (September 24, 2001) (Northpoint Petition); Letter of Henry L. Baumann & Benjamin F.P. Ivins to Magalie Roman Salas, Secretary, FCC, File Nos. SAT-MOD-20010810-00071 &
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  • 15, 2002 Released: January 17, 2002 By the Deputy Chief, Cable Services Bureau: introduction North Pacific International Television, Inc. (``North Pacific''), licensee of commercial television station KHCV, Channel 45, Seattle, WA (``KHCV'' or the ``station'') filed the above-captioned must carry complaint against EchoStar Satellite Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended, and Section 76.66 of the Commission's rules, 47 C.F.R. § 76.66, for its refusal to carry the signal of KHCV on its satellite system. KHCV states that EchoStar is providing ``local-into-local'' satellite service in the Seattle, WA market, the designated market area (``DMA'') where station KHCV operates, pursuant to the statutory copyright license. In its complaint, KHCV alleges that EchoStar has failed to
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  • ) ) ) ) CSR-5839-M Adopted: June 4, 2002 Released: June 5, 2002 By the Deputy Chief, Media Bureau: introduction Norwell Television, LLC (``Norwell'') licensee of commercial, television station WWDP-TV, Norwell, Massachusetts (``WWDP'' or the ``Station'') filed the above-captioned must carry complaint against DIRECTV, Inc. (``DIRECTV''), pursuant to Section 338 of the Communications Act, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WWDP on its satellite system. WWDP states that DIRECTV is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in Boston, the designated market area (''DMA'') where station WWDP operates. In its complaint, WWDP alleges that DIRECTV has failed to meet its must carry obligations under the
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  • below, we deny the Motion for Stay. background In a Memorandum Opinion and Order (``MO&O'') released on January 14, 2002, the Bureau, acting under delegated authority, granted Paxson's must carry complaint against DIRECTV. Paxson filed a complaint pursuant to Section 338 of the Communications Act of 1934, as amended by the Satellite Home Viewer Improvement Act of 1999, and Section 76.66 of the Commission's rules for DIRECTV's refusal to carry Paxson's television broadcast signal on its satellite system. DIRECTV did not respond in terms of whether Paxson's stations were qualified for carriage under the Act and the Commission's rules. Instead, DIRECTV insisted that, pursuant to an April 27, 2002 ``Letter Agreement,'' Paxson could not seek mandatory carriage because it had contractually
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  • (2001)). The U.S. Court of Appeals for the Fourth Circuit upheld the constitutional validity of SHVIA and the reasonableness of the Commission's rules promulgated thereunder. See Satellite Broadcasting and Communications Association v. FCC, 275 F.3d 337 (4th Cir. 2001), cert. denied, __ U.S. __, 70 U.S.L.W. 3580 (U.S. June 17, 2002) (No. 01-1332). 47 U.S.C. § 338; 47 C.F.R. § 76.66(b). 47 C.F.R. § 76.66(c)(3). See Public Notice, Report No. SAT-00107 (rel. April 5, 2002). Petition for Imposition of Conditions of North Pacific International Television, Inc., File No. SAT-LOA-20020329-00042 (May 13, 2002) (NPIT Petition); Letter from Phillip L. Spector, Attorney for SES Americom, Inc., to Marlene H. Dortch, Secretary, FCC, File No. SAT-LOA-20020329-00042 (May 21, 2002) (SES Americom Ex Parte Letter).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-152A1.txt
  • Adopted: January 16, 2002 Released: January 18, 2002 By the Deputy Chief, Cable Services Bureau: introduction Family Stations, Inc. (``Family Stations''), licensee of commercial television station KFTL, Channel 64, Stockton, CA (``KFTL'' or the ``station'') filed the above-captioned must carry complaint against EchoStar Satellite Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended, and Section 76.66 of the Commission's rules, 47 C.F.R. § 76.66, for its refusal to carry the signal of KFTL on its satellite system. KFTL states that EchoStar is providing ``local-into-local'' satellite service in the Sacramento-Stockton-Modesto (``Sacramento'') market, the designated market area (``DMA'') where station KFTL operates, pursuant to the statutory copyright license. In its complaint, KFTL alleges that EchoStar has failed to
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  • 16, 2002 Released: January 18, 2002 By the Deputy Chief, Cable Services Bureau: introduction Family Stations, Inc. (``Family Stations''), licensee of noncommercial, educational television station WFME, Channel 66, West Milford, NJ (``WFME'' or the ``station'') filed the above-captioned must carry complaint against EchoStar Satellite Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended, and Section 76.66 of the Commission's rules, 47 C.F.R. § 76.66, for its refusal to carry the signal of WFME on its satellite system. WFME states that EchoStar is providing ``local-into-local'' satellite service in the New York, NY market, the designated market area (``DMA'') where station WFME operates, pursuant to the statutory copyright license. In its complaint, WFME alleges that EchoStar has failed
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  • ) CSR-5853-M Adopted: June 27, 2002 Released: July 3, 2002 By the Deputy Chief, Media Bureau: introduction Community Television, Inc. (``CTI'') licensee of noncommercial, educational station WATC-TV, Channel 57, Atlanta, Georgia (``WATC'' or the ``Station'') filed the above-captioned must carry complaint against EchoStar Communications Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act, as amended (the ``Act''), and Section 76.66 of the Commission's rules, for its refusal to carry the signal of WATC on its satellite system. WATC states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in Atlanta, the designated market area (``DMA'') where station WATC operates. In its complaint, WATC alleges that EchoStar has failed to meet its must carry obligations under the
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  • MEMORANDUM OPINION AND ORDER Adopted: July 8, 2002 Released: July 12, 2002 By the Deputy Chief, Media Bureau: introduction Norwell Television LLC (``Norwell''), licensee of commercial television station WWDP(TV), Norwell, Massachusetts (``WWDP''), filed the above-captioned television broadcast signal carriage complaint against EchoStar Communications Corporation, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WWDP on its satellite system. Norwell states that EchoStar is providing ``local-into-local'' satellite service in the Boston, Massachusetts market, which is the designated market area (``DMA'') where station WWDP operates, pursuant to the statutory copyright license. In its complaint, Norwell alleges that EchoStar has failed to meet its
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  • dishes. In order for EchoStar subscribers to receive local stations carried on its ``wing'' satellites, a second reception dish is needed and can be obtained free of charge from the satellite carrier. In our recent Declaratory Ruling and Order, we found that EchoStar's ``two-dish plan'' as originally configured violates the prohibitions contained in Section 338(d) of the Act and Section 76.66(i) of the Commission's rules against discrimination in price, channel positioning and on-screen program guide and menu treatment. The Declaratory Ruling sets forth certain conditions upon which a satellite carrier might carry local stations on a second dish. With respect to the issue of signal strength, the record reflects that EchoStar has thus far complied with the Bureau Order, which requires
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-221A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-221A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-221A1.txt
  • Released: January 31, 2002 By the Deputy Chief, Cable Services Bureau: introduction KM Television of Flagstaff, L.L.C. (``KM''), licensee of commercial television station KCFG (TV), Channel 9, Flagstaff, Arizona (``KCFG'' or the ``station'') filed the above-captioned must carry complaint against EchoStar Communications Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of KCFG on its satellite system. KCFG states that Echostar is providing ``local-into-local'' satellite service in the Phoenix, Arizona market, which is the designated market area (``DMA'') where station KCFG operates, pursuant to the statutory copyright license. In its complaint, the station alleges that EchoStar has failed to meet
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-229A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-229A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-229A1.txt
  • January 28, 2002 Released: January 31, 2002 By the Deputy Chief, Cable Services Bureau: introduction Christian Television Corporation (``CTC''), licensee of commercial television station WCLF-TV, Channel 22, Clearwater, FL (``WCLF'' or the ``station'') filed the above-captioned must carry complaint against EchoStar Satellite Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WCLF on its satellite system. WCLF states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Tampa-St. Petersburg-Sarasota, FL market, which is the designated market area (``DMA'') where station WCLF operates. In its complaint, WCLF alleges that EchoStar has failed to meet
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  • 29, 2002 Released: January 31, 2002 By the Deputy Chief, Cable Services Bureau: introduction The Long Family Partnership, licensee of commercial television station WHKY-TV, Channel 14, Hickory, North Carolina (``WHKY'' or the ``station'') filed the above-captioned must carry complaint against EchoStar Communications Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WHKY on its satellite system. WHKY states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Charlotte, North Carolina market, which is the designated market area (``DMA'') where station WHKY operates. In its complaint, WHKY alleges that EchoStar has failed to meet
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2380A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2380A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2380A1.txt
  • Christian Television Corporation, licensee of commercial television station WCLF, Channel 22, Clearwater, Florida (the ``Station'' or ``WCLF''), filed a must carry complaint with the Commission to require EchoStar Communications Corporation (``EchoStar'') to carry the Station's signal on EchoStar's satellite system in a non-discriminatory fashion, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules. The Station indicates that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Tampa Bay-St. Petersburg-Sarasota designated market area (``DMA'') where the Station operates and that the Station elected must carry status for the 2002-06 election cycle. The Station alleges that EchoStar failed to meet its must carry obligations under the
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  • School Board of Miami-Dade County, Florida, licensee of noncommercial television station WLRN-TV, Channel 17, Miami, Florida (``WLRN''), filed a must carry complaint with the Commission to require EchoStar Communications Corporation (``EchoStar'') to carry the station's signal on EchoStar's satellite system in a non-discriminatory fashion, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules. WLRN also petitions for issuance of an order requiring EchoStar to show cause why it has failed to comply with the Commission's Declaratory Ruling and Order regarding EchoStar's two-dish plan. Petitioner states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Miami-Fort Lauderdale, Florida designated market area (``DMA''), where the
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  • on behalf of its subsidiaries which are the licensees of the above-captioned commercial television stations (the ``Stations''), filed a must carry complaint with the Commission to require EchoStar Communications Corporation (``EchoStar'') to carry the Stations' signals on EchoStar's satellite system in a non-discriminatory fashion, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules. The Stations indicate that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the relevant designated market areas (``DMAs''), where the Stations operate and that the Stations elected must carry status for the 2002-06 election cycle. The Stations allege that EchoStar failed to meet its must carry obligations under the Commission's satellite
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  • obtain additional equipment to receive and view these local stations, although the other local stations offered in the same markets are available on one dish antenna served by a satellite that provides service over the continental United States. NAB and ALTV request that the Commission clarify or amend the rules governing satellite carriage of local television stations (47 C.F.R. § 76.66) to specify that carriage of some local stations in a manner that requires the subscriber to use a different dish antenna from the antenna used to receive other local stations is discriminatory and does not comply with the SHVIA or the Commission's orders and rules. The rules that are the subject of this Emergency Petition were promulgated to implement Section
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  • MEMORANDUM OPINION AND ORDER Adopted: February 11, 2002 Released: February 13, 2002 By the Deputy Chief, Cable Services Bureau: introduction KVMD Acquisition Corporation, licensee of commercial television station KVMD(TV), Twenty Nine Palms, California, (``KVMD'') filed the above-captioned must carry complaint against Echostar Communications Corporation, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of KVMD on its satellite system. KVMD states that Echostar is providing ``local-into-local'' satellite service in the Los Angeles, California market, which is the designated market area (``DMA'') where station KVMD operates, pursuant to the statutory copyright license. In its complaint, KVMD alleges that Echostar has failed to meet
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  • ) ) ) CSR-5763-M Adopted: February 11, 2002 Released: February 14, 2002 By the Deputy Chief, Cable Services Bureau: introduction Family Stations, Inc. (``Family'') licensee of commercial station KFTL (TV), Stockton, California (``KFTL'' or the ``Station'') filed the above-captioned must carry complaint against DirecTV, Inc. (``DirecTV''), pursuant to Section 338 of the Communications Act, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of KFTL on its satellite system. KFTL states that DirecTV is providing ``local-into-local'' satellite service in the Sacramento-Stockton-Modesto designated market area (``Sacramento DMA'') where station KFTL operates, pursuant to the statutory copyright license. In its complaint, KFTL alleges that DirecTV has failed to meet its must carry obligations under
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  • ) CSR-5772-M Adopted: February 11, 2002 Released: February 14, 2002 By the Deputy Chief, Cable Services Bureau: introduction Family Stations, Inc. (``Family'') licensee of noncommercial, educational station WFME-TV, West Milford, New Jersey (``WFME'' or the ``Station'') filed the above-captioned must carry complaint against DirecTV, Inc. (``DirecTV''), pursuant to Section 338 of the Communications Act, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WFME on it satellite system. WFME states that DirecTV is providing ``local-into-local'' satellite service in New York, the designated market area (''DMA'') where station WFME operates, pursuant to the statutory copyright license. In its complaint, WFME alleges that DirecTV has failed to meet its must carry obligations under
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  • of: Family Stations, Inc. v. DirecTV, Inc. Petition for Reconsideration ) ) ) ) ) ) ) ) ) CSR-5763-M MEMORANDUM OPINION AND ORDER Adopted: December 6, 2002 Released: December 20, 2002 By the Deputy Chief, Media Bureau: introduction In this Order, we consider a petition for reconsideration of our initial order and alternatively, a petition for waiver of Section 76.66(c)(3) filed with the Commission by Family Stations, Inc. (``Family Stations''), licensee of commercial television station KFTL, Channel 64, Stockton, CA (``KFTL'' or the ``station''). Our Initial Order denied KFTL's complaint against DirecTV, Inc. (``DirecTV'') for its refusal to carry the signal of KFTL on its satellite system providing ``local-into-local'' satellite service in the Sacramento-Stockton-Modesto (``Sacramento'') market, the designated market area
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  • these local stations, although the other local stations (such as network-affiliated stations) offered in the same markets are available on one dish antenna served by satellites that provide service over the continental United States (``CONUS'' satellites). NAB and ALTV request that the Commission immediately clarify or amend the rules governing satellite carriage of local television stations (i.e., 47 C.F.R. § 76.66) to specify that carriage of some local stations in a manner that requires subscribers to use a different dish antenna from the antenna used to receive other local stations is discriminatory and does not comport with the SHVIA or the Commission's orders and rules. After reviewing the record in this proceeding, we do not believe that it is necessary to
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  • Chief, Media Bureau: Introduction AND BACKGROUND The ten above-captioned licensees (the ``Petitioners'') of eleven different commercial television stations (collectively, the ``Stations'') each petitioned the Commission to require EchoStar Communications Corporation (``EchoStar'') to carry the Stations' signals on EchoStar's satellite system in a non-discriminatory fashion, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules. In light of the similar facts and issues presented, we consolidate the Petitions for purposes of this action. The Stations indicate that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the applicable designated market area (``DMA'') where each station operates and that the Stations have elected must carry status for the
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  • March 28, 2003 By the Deputy Chief, Media Bureau: INTRODUCTION Television Apogeo de Tucson, LLC, (``Apogeo'') licensee of television broadcast station KHRR-TV, Tucson, Arizona and Brazos Valley Public Broadcasting Foundation (``Brazos Valley''), licensee of noncommercial educational station KWBU-TV, Waco, Texas have filed complaints against EchoStar Communications Corporation (``EchoStar`) pursuant to Section 338 of the Communications Act, as amended, and Section 76.66 of the Commission's rules. The complaints are based on EchoStar's refusal to carry the stations' signals on its satellite system. Both stations allege that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in their respective designated market areas (``DMA''). Both complaints allege that EchoStar has failed to meet its must carry obligations under the Commission's satellite
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  • EchoStar Satellite Corporation (December 28, 2001) (December 28 Letter). SHVIA was enacted as Title I of the Intellectual Property and Communications Omnibus Reform Act of 1999 (``IPACORA'') (relating to copyright and licensing and carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.), P.L. 106-113, 113 Stat. 1501, Appendix 1 (1999). 47 C.F.R. § 76.66. During the pendency of this application, EchoStar has successfully launched and placed into service its EchoStar 7 satellite at 119º W.L. and EchoStar 8 satellite at 110º W.L. On January 16, 2002, the Satellite and Radiocommunication Division authorized EchoStar to launch and operate its EchoStar 7 satellite, a new ``spot beam'' satellite, at the 119º W.L. orbit location. EchoStar Satellite
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  • ) ) ) ) ) ) ) ) ) ) Adopted: January 14, 2003 Released: January 17, 2003 By the Chief, Media Bureau: INTRODUCTION 1. Guenter Marksteiner, licensee of television station WHDT--DT, Stuart, Florida (Ind. Ch. 59) (``WHDT-DT'') filed the above-captioned complaint against EchoStar Communications Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act, as amended (``Act''), and Section 76.66 of the Commission's rules, for its refusal to carry the high definition digital television signal of WHDT-DT on its direct broadcast satellite system. WHDT-DT states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in West Palm Beach-Ft. Pierce, the designated market area (``DMA'') where WHDT-DT operates. In its complaint, WHDT-DT alleges that EchoStar has failed
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  • new owner of the Station in question. It does not matter if the Station has a new owner and broadcasts different programming, the controlling factor is that the subject station made a timely election. Because WNEU's predecessor-in-interest filed a timely request for carriage, the Station may now enforce its carriage rights under the procedures implemented by the Commission in Section 76.66 of the rules. 9. We refrain from adjudicating any specific disputes concerning the private agreement between the parties, finding that they are contractual matters for the parties or the courts to resolve. Moreover, our decision is not intended to suggest any opinion as to whether NBC's assertion of carriage rights before the Commission is consistent with any contractual agreement under
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  • ) ) ) ) ) ) ) CSR-6167-M MEMORADUM OPINION AND ORDER Adopted: September 16, 2003 Released: September 24, 2003 By the Deputy Chief, Media Bureau: INTRODUCTION Entravision Holdings, LLC (``Entravision''), licensee of television broadcast station KSMS-TV Monterey, California has filed a complaint against EchoStar Communications Corporation (``EchoStar'') pursuant to Section 338 of the Communications Act, as amended, and Section 76.66 of the Commission's rules. The complaint is based on EchoStar's refusal to carry the station's signal on its satellite system. The station alleges that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Monterey-Salinas, California designated market area (``DMA''). The complaint alleges that EchoStar has failed to meet its must carry obligations under the Commission's
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  • ) ) CSR 6175-M MEMORANDUM OPINION AND ORDER 8, 2003 By the Deputy Chief, Media Bureau: introduction State of Wisconsin - Educational Communications Board (``WECB''), licensee of noncommercial television station WPNE(TV), Green Bay Wisconsin, (``WPNE'') filed the above-captioned must carry complaint against DIRECTV, Inc., pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of WPNE on its satellite system. WECB states that DIRECTV is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Green Bay, Wisconsin DMA. In its complaint, WECB alleges that DIRECTV has failed to meet its must carry obligations under the Commission's satellite broadcast signal carriage
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  • for carriage in a proper manner. Echostar asserts that it provided notice to all local stations in the Fresno DMA on May 16, 2002 that it would soon commence local-into-local service in the market. Echostar asserts that the Station did not elect carriage in response to Echostar's announcement within 30 days of notification as the Commission's rules require in Section 76.66(d)(2)(i). It also asserts that when the Station did mail in its election notification, nine days late on June 26, 2002, it was sent via ``overnight delivery,'' rather than by certified mail as mandated in Section 76.66(d)(2)(ii). 6. Echostar further asserts that the Station cannot claim that Paxson's June 21, 2002 election can now be applied to KTFF. According to Echostar,
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  • CSR 6234-M MEMORANDUM OPINION AND ORDER 18, 2003 Released: December 22, 2003 By the Deputy Chief, Media Bureau: introduction Arkansas 49, Inc. (`Arkansas 49'') licensee of commercial television station KYPX(TV), Camden, Arkansas (KYPX) filed the above-captioned must carry complaint against EchoStar Communications Corporation (EchoStar), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of KYPX on its satellite system. Arkansas 49 states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Little Rock-Pine Bluff, Arkansas DMA. In its complaint, Arkansas 49 alleges that EchoStar has failed to meet its must carry obligations under the Commission's satellite
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  • Inc., licensee of station KGEB-TV, Tulsa, Oklahoma, and LeSEA Broadcasting Corporation, licensee of station KWHB-TV, Tulsa, Oklahoma (collectively ``the Stations'') separately filed complaints with the Commission to require EchoStar Communications Corporation (``EchoStar'') to carry their signals on EchoStar's satellite system in a nondiscriminatory fashion, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules. We are consolidating the two petitions into a single proceeding because they present essentially identical facts and issues. On July 31, 2002, EchoStar began providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Tulsa, Oklahoma designated market area (``DMA'') where the Stations operate. The Stations aver that they elected must carry status with
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  • AND OPINION Adopted: February 14, 2003 Released: February 20, 2003 By the Deputy Chief, Media Bureau: Introduction Ho'Ana'Auao Community TV, Inc. (``HCTV'') licensee of noncommercial station KWBN-TV, Channel 44, Honolulu, Hawaii (``KWBN'' or the ``Station'') filed the above-captioned must carry complaint against EchoStar Communications Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act, as amended (the ``Act''), and Section 76.66 of the Commission's rules, for its refusal to carry the signal of KWBN on its satellite system. KWBN states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in Honolulu, the designated market area (``DMA'') where station KWBN operates. In its complaint, KWBN alleges that EchoStar has failed to meet its must carry obligations under the
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  • AND BACKGROUND Entravision Holdings, LLC, licensee of commercial television station WJAL, Hagerstown, Maryland (the ``Station'' or ``WJAL''), filed a must carry complaint with the Commission to require EchoStar Communications Corporation (``EchoStar'') to carry the Station's signal on EchoStar's satellite system in a non-discriminatory fashion, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules. The Station indicates that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Washington, DC/Hagerstown, MD designated market area (``DMA'') where the Station operates and that the Station elected must carry status for the 2002-06 election cycle. The Station alleges that EchoStar failed to meet its must carry obligations under the
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  • No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (November 29, 1999) (SHVIA), codified at 47 U.S.C. § 338, and Implementation of the Satellite Home Viewer Improvement Act of 1999, CS Docket No. 00-96, Report and Order, FCC 00-417, 16 FCC Rcd 1918 (2000), Order on Reconsideration, FCC 01-249, 16 FCC Rcd 16544 (2001)). 47 U.S.C. § 338; 47 C.F.R. § 76.66(b). DIRECTV Application at 6. Public Notice, Policy Branch Information, Report No. SAT-00156 (released July 8, 2003). Comments of Hawaii, File No. SAT-LOA-200300611-00115 (August 7, 2003) (``Hawaii Comments''); Comments of SES Americom, Inc., File No. SAT-LOA-20030611-00115 (August 7, 2003) (``SES Americom Comments''). Hawaii Comments at 5. Id. See also National Rural Telecommunications Cooperative v. DIRECTV, Inc., Hughes Communications Galaxy, Inc., Order
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  • ) ) ) ) CSR-6303-M MEMORANDUM OPINION AND ORDER Adopted: June 25, 2004 Released: June 29, 2004 By the Deputy Chief, Media Bureau: INTRODUCTION Raul and Consuelo Palazuelos, licensees of television broadcast station KTAS-TV, San Luis Obispo, California (``KTAS'') have filed a complaint against EchoStar Communications Corporation (``EchoStar'') pursuant to Section 338 of the Communications Act, as amended, and Section 76.66 of the Commission's rules. The complaint is based on EchoStar's refusal to carry the station's signals on its satellite system. The complaint alleges that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Santa Barbara, Santa Maria, San Luis Obispo, California (``Santa Barbara'') DMA. The complaint further alleges that the satellite carrier has failed to
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  • ) ) ) ) ) CSR-6306-M MEMORANDUM OPINION AND ORDER Adopted: June 25, 2004 Released: June 29, 2004 By the Deputy Chief, Media Bureau: INTRODUCTION Raul and Consuelo Palazuelos, licensees of television broadcast station KTAS-TV, San Luis Obispo, California (``KTAS'') have filed a complaint against DIRECTV, Inc. (``DIRECTV'') pursuant to Section 338 of the Communications Act, as amended, and Section 76.66 of the Commission's rules. The complaint is based on DIRECTV's refusal to carry the station's signals on its satellite system. The complaint alleges that DIRECTV has announced its intention to begin local-into-local service pursuant to the statutory copyright license in the Santa Barbara, Santa Maria, San Luis Obispo, (``Santa Barbara''), California DMA. The complaint further alleges that DIRECTV has failed
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  • ) ) ) CSR-6301-M MEMORANDUM OPINION AND ORDER Adopted: June 25, 2004 Released: June 29, 2004 By the Deputy Chief, Media Bureau: I. INTRODUCTION New York Time Management Services (``New York Times''), licensee of television station WNEP-TV, Scranton, PA (``WNEP'') has filed a complaint against DIRECTV, Inc. (``DIRECTV'') pursuant to Section 338 of the Communications Act, as amended, and Section 76.66 of the Commission's rules. The complaint alleges that DIRECTV is failing to distribute WNEP-TV's signal to all residents of the Wilkes Barre-Scranton (``WB-S'') Designated Market Area (``DMA'') and is distributing the distant signals of stations licensed to communities located within other DMAs to residents of the WB-S DMA. DIRECTV filed an Opposition and New York Times filed a Reply. For
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  • ) ) CSR 6305-M MEMORANDUM OPINION AND ORDER Adopted: July 2, 2004 Released: July 9, 2004 By the Deputy Chief, Media Bureau: introduction Ramar Communications II, Ltd., licensee of television station KTLL-TV, Durango, Colorado, (``KTLL'') filed the above-captioned carriage complaint against DIRECTV, Inc. (``DIRECTV''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules, based on DIRECTV's refusal to carry the signal of KTLL on its satellite system. KTLL states that DIRECTV is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Albuquerque, New Mexico DMA. In its complaint, KTLL alleges that DIRECTV has failed to meet its carriage obligations under the Commission's satellite broadcast signal carriage
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  • of New Jersey, Inc., licensee of noncommercial, educational television station WFME-TV (``WFME'') filed a petition for reconsideration (``Petition'') of the Cable Services Bureau Order (``Order'') denying must carry status to WFME on DIRECTV's satellite system providing ``local-into-local'' satellite service in the New York Designated Market Area (``DMA'') where WFME operates. The Petition seeks, in the alternative, a waiver of Section 76.66(c)(5) of the Commission's rules. DIRECTV, Inc. (``DIRECTV'') filed an opposition to which Family Stations replied. For the reasons set forth below, we deny WFME's petition for reconsideration and alternatively, petition for waiver of Section 76.66(c)(5). background Section 338 of the Communications Act of 1934, adopted as part of the Satellite Home Viewer Improvement Act of 1999 (``SHVIA''), requires satellite carriers,
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  • MEMORANDUM OPINION AND ORDER Adopted: February 2, 2004 Released: February 5, 2004 By the Deputy Chief, Media Bureau: introduction Tri-State Christian TV, Inc. (TCT), licensee of commercial television station WTCT(TV), Marion, Illinois (WTCT) filed the above-captioned must carry complaint against EchoStar Communications Corporation (EchoStar), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules to require EchoStar to carry the station in a nondiscriminatory manner. TCT states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Paducah, Kentucky-Cape Girardeau, Missouri-Mount Vernon, Illinois, DMA. In its complaint, TCT alleges that EchoStar has failed to meet its carriage obligations under the Commission's satellite broadcast signal carriage
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  • satellite system providing local-into-local service. The record indicates that Paxson made a timely carriage election to Echostar on June 22, 2001. This election carries over to Telefutura as the new owner of the Station. Because Telefutura's predecessor-in-interest filed a timely request for carriage, the Station may now enforce its carriage rights under the procedures implemented by the Commission in Section 76.66 of the rules. 7. Our decision is not intended to suggest any opinion as to whether Telefutura's assertion of carriage rights before the Commission is consistent with any contractual agreement under which it may be a successor in interest. Contractual issues are to be resolved by the parties or by courts of proper jurisdiction. IV. ORDERING CLAUSES Accordingly, IT IS
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  • on August 20. Thus, New Life's Complaint was timely filed. 7. The remaining issue in this case is also one of timeliness: whether the October 16 Letter constituted valid notice and, if so, whether New Life timely elected mandatory carriage. New Life argues that the October 16 Letter did not constitute notice under Section 338 of the Act and Section 76.66 of the Commission's rules because it was not sent to the proper address and it was intentionally misleading. First, New Life claims that Echostar was required to send its notice of new local-into-local service to KNLJ at the Station's New Bloomfield address, which is the physical location of the Station and which New Life asserts is listed in the Broadcasting
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  • 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 of the Act and Section 76.66 of the Commission's rules for EchoStar's refusal to carry the high definition digital television signal of WHDT-DT on its system, stating that it commenced over-the-air digital broadcast service and is entitled to satellite carriage. The Bureau stated that it was incumbent upon the Commission to implement the substance and scope of the Section 338 requirements and that such issues as
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  • CSR-6249-M MEMORANDUM OPINION AND ORDER Adopted: March 12, 2004 Released: March 16, 2004 By the Deputy Chief, Media Bureau: introduction Agape Church, Inc. (``Agape''), licensee of commercial television station KVTN(TV), Pine Bluff, Arkansas (``KVTN''), filed the above-captioned carriage complaint against EchoStar Communications Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules, to require EchoStar to carry the station in a nondiscriminatory manner. KVTN states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license - provided under Section 122 of the Copyright Act -- in the Little Rock/Pine Bluff, Arkansas Designated Market Area (``DMA''). In its complaint, KVTN alleges that EchoStar has failed to
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  • Carriage of KHCV(TV), Seattle, Washington ) ) ) ) ) ) ) ) ) ) CSR-5735-M ORDER ON RECONSIDERATION Adopted: March 15, 2004 Released: March 18, 2004 By the Deputy Chief, Media Bureau: INTRODUCTION In this Order, we consider a petition for reconsideration of the former Cable Services Bureau's decision (``Initial Order'') and, alternatively, a petition for waiver of Section 76.66(c)(3) of the Commission's rules, filed by North Pacific International Television, Inc. (``North Pacific''), licensee of commercial television station KHCV(TV), Seattle, Washington (``KHCV'' or the ``station''). The Initial Order denied KHCV's complaint against DIRECTV, Inc. (``DIRECTV'') for refusal to carry the signal of KHCV on its satellite system providing ``local-into-local'' satellite service in the Seattle, Washington market, the designated market area
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  • Adopted: May 2, 2005 Released: May 3, 2005 By the Deputy Chief, Media Bureau: introduction TV 34, Inc., licensee of commercial television station KWFT TV Eureka Springs AR (``KWFT TV''), formerly KWBS TV, filed the above-captioned must carry complaint against EchoStar Communications Corporation (EchoStar), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules to require EchoStar to carry the station in the Ft. Smith-Fayetteville-Springdale, Rogers, Arkansas designated market area (``Ft. Smith DMA''). KWFT states that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Ft. Smith DMA. In its complaint, TV 34 alleges that EchoStar has failed to meet its mandatory carriage obligations under
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  • Echostar's November 1, 2004 rejection of the carriage request. The Complaint was filed on February 15, 2005. We therefore dismiss Red Lion's Complaint as untimely. 7. We note that if Red Lion's Complaint had been timely filed, it appears that we would need to consider other procedural inadequacies on the part of both parties. First, with respect to Echostar, Section 76.66(d)(2) of our rules requires that a satellite carrier ``notify local television stations of its intent to provide local-into-local service at least 60 days before it intends'' to commence such service. Echostar states that it ``began providing local-into-local service in the Harrisburg DMA on or about September 26, 2002.'' The record is clear, however, that Echostar provided notice to stations in
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  • No. 88-526, 4 FCC Rcd 4870 (1989), recon granted in part, 5 FCC Rcd 7094 (1990) (``Community of License Change''). The nine counties are Camden, Chowan, Currituck, Dare, Gates, Hertford, Northampton, Pasquotank, and Perquimans. Satellite Home Viewer's Improvement Act (``SHIVA''), Section 338; Pub. Law 106-113, 113 Stat. 1501 (November 29, 1999); See also 47 U.S.C. § 338; 47 C.F.R. § 76.66. UNC has submitted support letters from North Carolina residents in the Norfolk DMA, in the Greenville DMA, and Virginia residents in the Norfolk DMA. Amendment of Section 73.606(b), Table of Allotments, Television Broadcast Stations (Ardmore, Oklahoma, and Sherman, Texas), 7 FCC Rcd 4846 (1992). Amendment of Section 73.606(b), Table of Allotments, Television Broadcast Stations (Bessemer and Tuscaloosa, Alabama), 5 FCC
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-2295 MEDIA BUREAU ANNOUNCES EFFECTIVE DATE OF SHVERA PROCEDURAL RULES In an Order, FCC 05-81, released March 30, 2005 (20 FCC Rcd 7780), the Commission amended 47 C.F.R. §§ 76.66(d)(2) and (d)(5) to adopt procedural rules in compliance with requirements in the Satellite Home Viewer Extension and Reauthorization Act of 2004 (``SHVERA''). Section 76.66(d)(2) revises the rule concerning satellite carrier notification to television broadcast stations in new local-into-local markets. Section 76.66(d)(5) creates a new rule for satellite carriers that carry or intend to carry significantly viewed out-of-market signals and will
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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 this deadline
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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 this deadline
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit z z z z * * * * * b Ž ò * * z Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: TV 34, Inc. Petition for Waiver of Section 76.66(e)(3) of the Commission's Rules. ) ) ) ) ) ) ) CSR-6919-M MEMORANDUM OPINION AND ORDER Adopted: December 29, 2005 Released: December 30, 2005 By the Chief, Media Bureau: INTRODUCTION TV 34, Inc., licensee of commercial television station KWFT-TV Eureka Springs, Arkansas (``KWFT''), formerly KWBS TV, filed the above-captioned petition for special relief (``Petition''), pursuant to Section 76.7 of the
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  • Released: May 15, 2006 By the Deputy Chief, Media Bureau: introduction KM Television, licensee of commercial television station KBEO(TV), Jackson, WY (``KBEO'') and Pocatello Channel 15, licensee of commercial television station KPIF(TV), Pocatello, ID (``KPIF'') filed the above-captioned complaints against EchoStar Communications Corporation (``EchoStar''), pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules to require EchoStar to carry the signals of these two stations by satellite in the Idaho Falls-Pocatello, Idaho designated market area (``Pocatello DMA''). The stations assert that EchoStar is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the Pocatello DMA and that EchoStar has failed to meet its associated mandatory carriage obligations under
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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: School Board of Broward County v. EchoStar Communications Corporation; DirecTV, Inc. Petition for Waiver of Section 76.66(e)(3) of the Commission's Rules and Request for Mandatory Carriage of Television Station WPPB-TV, Boca Raton, FL ) ) ) ) ) ) ) ) ) ) ) ) ) CSR-6959-M CSR-6962-M CSR-6992-M MEMORANDUM OPINION AND ORDER Adopted: May 23, 2006 Released: May 24, 2006 By the Deputy Chief, Media Bureau: INTRODUCTION The School Board of Broward County, Florida (``SBBC''), licensee
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  • Bureau: Introduction AND BACKGROUND Aerco Broadcasting Corporation (``Aerco''), licensee of station WSJU, San Juan, PR, and R y F Broadcasting Inc. (``R y F''), licensee of WRFB, Carolina, PR, filed carriage Complaints against DirecTV Latin America, LLC (``DTVLA'') and EchoStar Satellite, LLC (``EchoStar''), respectively, pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules. The Complaints, which were placed on public notice, are based on DTVLA and EchoStar's refusal to carry WSJU and WRFB's signals on their satellite systems. The satellite carriers filed Oppositions to the Complaints, and Aerco and R y F each filed a reply. In light of the similar facts and issues presented in the Complaints, we
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  • WRNN License Company, LLC, Petition for Modification of the Television Market of WRNN-DT, Kingston, New York, 20 FCC Rcd 7904 (MB 2005) (``WRNN NYC Modification Decision''). Cablevision Opposition at 11-23. Id. at 23-24. Id. at 50-52. WRNN Petition at 1. Id. at 8-9. Id. WRNN Response at 2. Cablevision Opposition at 10. Cablevision Surreply at 9, citing 47 C.F.R. § 76.66(b). Cablevision Surreply at 9. Petition of Paxson Communications Corporation for Modification of Television Market of Station WPXD(TV). Ann Arbor, Michigan, 13 FCC Rcd 17869, 17874 (1998). See WRNN Petition at 8-9, Exhibit 5. Id. at 10-11. Id. Id. at 12-14. Id. at 13. Cablevision Opposition at Exhibit 3. See id. at Exhibit 6; WRNN Reply at Exhibits A, B and
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  • Report and Order and Further Notice of Proposed Rulemaking, FCC 05-191 (rel. Nov. 10, 2005) and 47 C.F.R. Part 11. See, e.g., DBAC Order, 18 FCC Rcd 9455, 9469-70 at para. 39; Pegasus Order, 19 FCC Rcd 6080, 6092 at para. 28. See 17 U.S.C. §§ 119 & 122. See also 47 U.S.C. §§ 338 & 339; 47 C.F.R. § 76.66. See 47 C.F.R. § 25.148(b). Id. By contrast, Section 25.164 of the Commission's rules establishes a milestone schedule for GSO satellite system licensees, other than DBS and DARS satellite systems. Under this milestone schedule, one year after grant, the grantee must enter into a binding, non-contingent construction contract; at two years, complete critical design review; at three years begin construction
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  • Report and Order and Further Notice of Proposed Rulemaking, FCC 05-191 (rel. Nov. 10, 2005) and 47 C.F.R. Part 11. See, e.g., DBAC Order, 18 FCC Rcd 9455, 9469-70 at para. 39; Pegasus Order, 19 FCC Rcd 6080, 6092 at para. 28. See 17 U.S.C. §§ 119 & 122. See also 47 U.S.C. §§ 338 & 339; 47 C.F.R. § 76.66. See 47 C.F.R. § 25.148(b). Id. By contrast, Section 25.164 of the Commission's rules establishes a milestone schedule for GSO satellite system licensees, other than DBS and DARS satellite systems. Under this milestone schedule, one year after grant, the grantee must enter into a binding, non-contingent construction contract; at two years, complete critical design review; at three years begin construction
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-398A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-398A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-398A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ( ( ( ' ' ( < p ( ' ' ' ' Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: Nevada Channel 3, Inc. Petition for Waiver of Section 76.66(e)(3) of the Commission's Rules. ) ) ) ) ) ) CSR-6918-M MEMORANDUM OPINION AND ORDER Adopted: February 27, 2006 Released: March 1, 2006 By the Deputy Chief, Media Bureau: INTRODUCTION Nevada Channel 3, Inc., licensee of commercial television station KEGS-TV Goldfield, Nevada (``KEGS''), formerly KTVY-TV, filed the above-captioned petition for special relief (``Petition''), pursuant to Section 76.7 of the Commission's
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  • 2006 Released: April 4, 2006 By the Deputy Chief, Media Bureau: Introduction AND BACKGROUND The three above-captioned licensees (the ``Petitioners'') of five different television broadcast stations (collectively, the ``Stations'') each filed Complaints against DirecTV Latin America, LLC and EchoStar Satellite, LLC (the ``Satellite Carriers'') pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules. The Complaints are based on the Satellite Carriers' refusal to carry the Stations' signals on the Satellite Carriers' satellite systems, and in light of the similar facts and issues presented in the Complaints, we consolidate them for purposes of this action. Specifically, the Petitioners argue that the Satellite Carriers are required to carry the Stations' signals
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  • ) ) Adopted: May 8, 2006 Released: May 9, 2006 By the Deputy Chief, Media Bureau: Introduction 1. Mountain Broadcasting Corporation, licensee of television broadcast station WMBC-TV, Newton, New Jersey (WMBC) filed an Emergency Petition for Order to Show Cause why DirecTV's termination of carriage of WMBC on its direct broadcast satellite system (DBS) is not a violation of Sections 76.66 and 76.1601 of the Commission's rules.1 We will treat WMBC's petition as a complaint for carriage on DirecTV's satellite system. DirecTV filed an Opposition to WMBC's complaint, and WMBC submitted a Reply to Opposition and Reply Comments. For the reasons discussed below, we deny WMBC's complaint. background 2. Section 338(a)(1) of the Communications Act of 1934,2 adopted as part of
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  • requirement. In addition, no party to any of these proceedings has filed any opposition or comment in response to EchoStar's motion. The captioned proceedings are now moot and thus we terminate them. Accordingly, IT IS ORDERED that pursuant to Sections 4(i), 303(r), and 338 of the Communications Act, as amended, 47 U.S.C. §§154(i), 303(r), 338, and Sections 1.104, 1.106, and 76.66 of the Commission's rules, 47 C.F.R. §1.104, 1.106, and 76.66, the Motion filed by EchoStar Satellite L.L.C. is granted with respect to the captioned proceedings and they are hereby terminated. This action is taken by the Chief, Media Bureau, pursuant to authority delegated by Section 0.283 of the Commission's rules, 47 C.F.R. §0.283. FEDERAL COMMUNICATIONS COMMISSION Monica Desai Chief, Media
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  • *** 0.01 0.12 *** 0.01 Local Marketing Agreement -57.00 51.55 60.23 40.66 MultiNetworkAffil -239.03 *** 79.01 -75.91 62.11 Locally Owned -130.97 *** 32.51 25.80 43.38 O and O Big Four 474.19 *** 76.71 -241.96 320.03 TV-Radio Crossowned 82.85 *** 32.02 -6.26 35.32 TV-Newspaper Crossowned 212.44 ** 87.65 NonCommercial -434.57 *** 34.17 VHF Channel 824.17 *** 29.74 Dummy2003 575.04 *** 35.88 76.66 *** 14.04 Dummy2004 910.26 *** 57.96 136.47 *** 20.82 Dummy2005 1,162.91 *** 82.46 163.07 *** 28.57 Dummy2003*NonCommercial -64.78 ** 26.11 Dummy2004*NonCommercial -168.28 *** 26.25 Dummy2005*NonCommercial -187.70 *** 26.56 Dummy2003*TV-Newspaper_Crossown 54.24 81.39 Dummy2004*TV-Newspaper_Crossown 98.06 81.49 Dummy2005*TV-Newspaper_Crossown 50.76 81.50 Additional Dummy Variables Used: Every Market Every Station (not shown in table) No. Observations 6,703 6,703 R2 0.84 0.98 *** indicates significance at
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  • and an Amended Motion to Terminate Outstanding Must-Carry Proceedings filed by EchoStar. In the Declaratory Ruling, the Bureau found that EchoStar's ``two-dish'' plan -- a practice of placing some, but not all, local stations in a market on a ``wing'' satellite that necessitated subscriber use of a second satellite dish antenna -- violated Section 338(d) of the Act and Section 76.66(i) of the Commission's rules. The Declaratory Ruling, however, did not specifically prohibit a two-dish approach, but instead ordered EchoStar to comply with various remedial measures to eliminate the unlawful discrimination. Subsequent to the Bureau's ruling, Congress amended the statute, in the Satellite Home Viewer Extension and Reauthorization Act of 2004 (``SHVERA''), to specifically prohibit the two-dish approach. First, we vacate
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  • in "local-into-local" markets. This Second Report and Orderalso includes a requirement to carry all HD signals in a market in which any station's signals are carried in HD. This requirement is phased in over a four year period. Regulations and Policies that the Commission Modified Digital-Only Carriage In this Second Report and Orderthe Commission amended its rules (47 C.F.R. § 76.66(b)(1)) to require satellite carriers to carry digital-only stations upon request in markets in which the satellite carrier is providing any local-into-local service pursuant to the statutory copyright license. HD Carry-One, Carry-All Furthermore, satellite carriers will be required to carry each digital broadcast station in the market in the same manner, including carriage of HD signals in HD format if any
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  • Reno DMA, Nielsen granted KEGS' request to be reassigned to the Las Vegas DMA due to the fact that both its transmitter and the majority of its ``Grade B'' service signal coverage are located in the Las Vegas DMA. KEGS argues that this assignment was upheld by the Commission in Nevada Channel 3, Inc., in which a waiver of Section 76.66(e)(3) of the Commission's rules was granted, allowing KEGS to be considered part of the Las Vegas DMA for satellite carriage purposes. In spite of the fact that nothing has changed in this regard, KEGS maintains that Cox's instant petition essentially asks the Commission to overturn the DBS Waiver Order and that doing so would be contrary to the public interest.
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  • after 2005 that this requirement was imposed and only in cases where a satellite carrier first begins offering local-into-local service in a particular market, a requirement that does not apply in this case. Second, Channel 38 argues that the Commission's rules are unclear regarding what ``formalities'' are necessary for a carriage renewal request by a noncommercial station. We disagree. Section 76.66(c)(4) requires commercial television stations to make retransmission consent/mandatory carriage elections by October 1 of the year preceding a new carriage cycle. Noncommercial stations must renew carriage requests at the same time a commercial television station makes its election. We note that the satellite carriage requirement is dependant upon the station making a request for carriage. The Commission rules implementing the
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  • DirecTV, Inc. ) ) ) ) ) ) ) ) CSR-8110-M MEMORANDUM OPINION AND ORDER Adopted: February 3, 2010 Released: February 3, 2010 By the Senior Deputy Chief, Policy Division, Media Bureau: INTRODUCTION Red Lion Broadcasting Company, Inc., licensee of WGCB-TV, Red Lion, Pennsylvania (``WGCB'') filed the above captioned carriage complaint against DirecTV, Inc. (``DirecTV''), pursuant to Sections 76.7 and 76.66(m)(3) of the Commission's rules. WGCB alleged that due to the death of its General Manager, it failed to send a timely carriage election by the October 1, 2008 deadline for the 2009-2011 carriage election cycle. As a consequence of WGCB's failure to meet this deadline, DirecTV refused to afford the station mandatory carriage on DirecTV's direct broadcast satellite system serving
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  • network present in the local market, even if the subscriber does not receive local-into-local service. For purposes of the HD format requirement, the corresponding local (in-market) station will be considered ``available'' to the satellite carrier when the station: (a) elects mandatory carriage or grants retransmission consent; (b) provides a good quality signal to the satellite carrier as required by Section 76.66(g) of the rules; and (c) is otherwise in compliance with the ``good faith negotiation'' and carriage provisions set forth in Sections 76.65 and 76.66 of the rules. The Commission also determined that the HD format requirement would (1) apply only where a satellite carrier retransmits to a subscriber the significantly viewed station in HD format and not to restrict a
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  • MEMORANDUM OPINION AND ORDER Adopted: May 26, 2011 Released: May 27, 2011 By the Deputy Chief, Policy Division, Media Bureau: introduction Corridor Television, LLP (``Corridor''), licensee of commercial television station KCWX-DT, Fredericksburg, Texas (``KCWX''), filed the above-captioned must carry complaint against DISH Network, LLC pursuant to Section 338 of the Communications Act of 1934, as amended (the ``Act''), and Section 76.66 of the Commission's rules for its refusal to carry the signal of KCWX on its satellite system. Corridor states that DISH Network is providing ``local-into-local'' satellite service pursuant to the statutory copyright license in the San Antonio, Texas DMA. In its complaint, Corridor alleges that DISH has failed to meet its must carry obligations under the Commission's satellite broadcast signal
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  • nondiscriminatory manner. The Media Bureau recently determined that EchoStar's ``two-dish plan'' failed to provide consumers with access to local broadcast signals at a nondiscriminatory price or in a nondiscriminatory manner, and failed to place these signals on contiguous channels. We wholeheartedly agree with the Bureau Order's conclusion that the two-dish plan therefore violated the nondiscrimination provision of SHVIA and § 76.66(i) of the Commission's rules. Unfortunately, and puzzlingly, the Bureau Order did not stop there. The Bureau Order went on to propose several ``options'' regarding how EchoStar could remedy the statutory and rule violations. For instance, as discussed below, the Bureau Order states EchoStar could continue its two-dish plan merely by providing ``[i]mmediate and direct communication'' to its subscribers regarding the
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  • the ``public interest, convenience and necessity.'' With respect to the concerns raised about EchoStar's two-dish policy and its compliance with the terms of the Satellite Home Viewer Improvement Act of 1999 (``SHVIA'') and our rules, I wish to make it perfectly clear that I remain wholeheartedly supportive of the finding that EchoStar violated the nondiscrimination provision of SHVIA and § 76.66(i) of the Commission's rules. However, I believe that it would be more appropriate for the Commission to address the issues raised by EchoStar's two-dish policy in a separate proceeding dedicated specifically to that issue. EchoStar has had some time to take steps to come into compliance with SHVIA and our rules, but the Commission has not yet had an opportunity
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  • leased access. maintained in its current state and not be subject to any type of a la carte requirement. See NRB Comments at 3. Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (1999). The provisions contained in the Satellite 60 Home Viewer Improvement Act expire at the end of 2004. Seegenerally, 47 U.S.C. 0 338; 47 C.F.R. 9 76.66. 61 See Implementation of the Satellite Home Viewer Improvement Act of 1999: Broadcast Signal Carriage Issues; 62 Retransmission Consent Issues, 16 FCC Rcd 191 8, 1960 (2000) ("DBS Broadcast Carriage Report & Order"). SBCA v. FCC, 275 F.3d 337 (4'h Cir. 2002). Based on this precedent, Echostar notes that the Commission's rules do not appear to stand as an obstacle
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  • Section 338 of the Communications Act ) ) ) MB Docket No. 05-181 ) ) ) ) ) ERRATUM Released: August 30, 2005 By the Acting Chief, Media Bureau: On August 23, 2005, the Commission released a Report and Order, FCC 05-159, in the above-captioned proceeding. This Erratum corrects the last sentence in Appendix B, page 24, new rule section 76.66(c)(6) to read as follows: ``(6) . . . . . A noncommercial television broadcast station located in a local market in Alaska or Hawaii must request carriage by October 1, 2005, for carriage of its signal that originates as an analog signal for carriage commencing on December 8, 2005, and by April 1, 2007, for its signal that originates as
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  • 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 C.F.R. § 76.123-76.125 (satellite syndicated exclusivity); 47
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  • AZ 4,636 3,535 1,350 29.12 4.44 Qwest - Arizona AZ 1,799,420 1,230,699 576,526 32.04 19.55 SBC - Southwestern Bell - Arkansas AR 512,935 360,793 148,522 28.96 33.91 Verizon - Contel - California CA 293,888 217,279 77,273 26.29 39.79 Verizon - NW - West Coast California CA 13,888 9,927 4,180 30.10 -7.97 Verizon - GTE - California CA 1,082,317 622,870 829,743 76.66 36.62 SBC - Pacific Bell - California CA 4,663,981 3,129,470 1,786,205 38.30 30.96 Sure/West/Roseville Tel - California CA 175,409 128,414 48,628 27.72 0.02 Qwest - Colorado CO 2,527,350 1,875,621 673,970 26.67 30.59 SBC - SNET - CT CT 1,236,607 878,408 448,522 36.27 21.70 Verizon - Delaware DE 317,002 219,197 109,092 34.41 29.88 Verizon - District of Columbia DC 541,936 288,871
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  • AZ 4,636 3,535 1,350 29.12 4.44 Qwest - Arizona AZ 1,799,420 1,230,699 576,526 32.04 19.55 SBC - Southwestern Bell - Arkansas AR 512,935 360,793 148,522 28.96 33.91 Verizon - Contel - California CA 293,888 217,279 77,273 26.29 39.79 Verizon - NW - West Coast California CA 13,888 9,927 4,180 30.10 -7.97 Verizon - GTE - California CA 1,082,317 622,870 829,743 76.66 36.62 SBC - Pacific Bell - California CA 4,663,981 3,129,470 1,786,205 38.30 30.96 Sure/West/Roseville Tel - California CA 175,409 128,414 48,628 27.72 0.02 Qwest - Colorado CO 2,527,350 1,875,621 673,970 26.67 30.59 SBC - SNET - CT CT 1,236,607 878,408 448,522 36.27 21.70 Verizon - Delaware DE 317,002 219,197 109,092 34.41 29.88 Verizon - District of Columbia DC 541,936 288,871
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  • Local Exchange Carriers' Inside Wire Subloop (WC Docket No. 01-338). SUMMARY: The Commission will consider a Report and Order and Declaratory Ruling defining physically inaccessible cable wiring as well as requesting carrier rights to access inside wire subloops in multiunit premises. 6 MEDIA TITLE: Amendment to Broadcast Carriage Rules for Cable Operators and Satellite Carriers; 47 CFR 76.56, 76.59, and 76.66. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning market modifications for purpose of satellite and cable carriage of television broadcast stations. or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). . . Copies of materials adopted at this meeting can be purchased from the FCC's duplicating contractor, Best Copy and Printing, Inc. (202)
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  • 31, 2007, OPEN MEETING The following item has been deleted from the list of Agenda items scheduled for consideration at the May 31, 2007, Open Meeting and previously listed in the Commission's Notice of May 24, 2007. ITEM NO. BUREAU SUBJECT 6 MEDIA TITLE: Amendment to Broadcast Carriage Rules for Cable Operators and Satellite Carriers; 47 CFR 76.56, 76.59, and 76.66. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking concerning market modifications for purpose of satellite and cable carriage of television broadcast stations. -FCC- Commission Meeting Agenda A Public Notice of the Federal Communications Federal Communications Commission Commission 445 12th Street, S.W. News Media Information (202) 418-0500 Washington, D.C. 20554 Fax-On-Demand (202) 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov *The summaries listed
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  • CITIZENS TEL CO - TN, LLC DBA FRONTIER COM TN -1.19 -5.21 4.24 0.00 295185 C SOUTH CENTRAL BELL-TN -7.29 -8.13 0.91 0.00 TEXAS TOTAL 3.81 -5.97 10.40 7.33 440425 C CAMERON TELEPHONE COMPANY - TEXAS -6.67 -4.13 -2.64 -13.45 441163 C VALOR TELECOMM OF TX, LP-TX#1 DBA WINDSTREAM 6.01 -8.30 15.61 INFINITE 442038 A>CBLOSSOM TELEPHONE COMPANY 11.41 -6.81 19.55 76.66 3 - 171 Table 3.32 ILEC High-Cost Loop Support Data Percentage Changes from 2006 to 2007 by Study Area Study Area Code Type Study Area Name Unseparated High Cost Loop Unseparated Number NTS Revenue Support Payment NTS Revenue of Requirement Projections in Requirement Loops per Loop Later Year* TEXAS (CONT.) 442039 C BIG BEND TELEPHONE COMPANY INC. 12.12 4.62 7.16
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  • CITIZENS TEL CO - TN, LLC DBA FRONTIER COM TN -1.19 -5.21 4.24 0.00 295185 C SOUTH CENTRAL BELL-TN -7.29 -8.13 0.91 0.00 TEXAS TOTAL 3.81 -5.97 10.40 7.33 440425 C CAMERON TELEPHONE COMPANY - TEXAS -6.67 -4.13 -2.64 -13.45 441163 C VALOR TELECOMM OF TX, LP-TX#1 DBA WINDSTREAM 6.01 -8.30 15.61 INFINITE 442038 A>CBLOSSOM TELEPHONE COMPANY 11.41 -6.81 19.55 76.66 3 - 171 Table 3.32 ILEC High-Cost Loop Support Data Percentage Changes from 2006 to 2007 by Study Area Study Area Code Type Study Area Name Unseparated High Cost Loop Unseparated Number NTS Revenue Support Payment NTS Revenue of Requirement Projections in Requirement Loops per Loop Later Year* TEXAS (CONT.) 442039 C BIG BEND TELEPHONE COMPANY INC. 12.12 4.62 7.16
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  • a timely manner prior to its removal from the relevant local-into-local channel line-up. By the same token, we also find that a satellite carrier must begin carrying a television station that stops duplicating another local television station. When this circumstance presents itself, the station shall use the same procedures to establish carriage as permitted for new television stations under Section 76.66. We sought comment on the phrase, ``affiliated with a particular television network.'' In this situation, we asked what definition of ``television network'' applies because that term is not specifically defined in Section 338. We asked whether we should implement the definition of television network found in Section 339 of the Act, the SHVIA's distant signal carriage provision, for the purposes
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  • station requesting carriage to prove that it does not substantially duplicate another station that has requested carriage. Such attempts to shift the burden to the station requesting carriage do not comply with the rule or the Report and Order. We believe that stations that have received such form letters may appropriately respond by notifying the satellite carrier pursuant to Section 76.66(m)(1) that it has failed to meet its obligations under the rules. Such notification by the broadcast station should specify how the satellite carrier's response failed to comply. For example, in response to a carrier's assertion that the station has failed to prove its signal quality, a station could provide information that the receive facility is within the station's Grade A
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  • condition merger approval with various requirements and timetables for the carriage of local broadcast television stations by New EchoStar. APTS also suggests that New EchoStar be required to display all local broadcast stations on its electronic program guide in a non-discriminatory manner within 30 days of the consummation of the merger. Family suggests that the Commission waive or modify Section 76.66(c)(1) to stop New EchoStar from denying carriage based on technicalities relating to the timing or content of carriage requests and that we open a new carriage request window. In addition, Paxson proposes that the Commission require New EchoStar to comply with all notice, carriage and election procedures set forth in SHVIA and to carry all local broadcast stations on a
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  • carriers with the opportunity to carry local stations in a DMA pursuant to a statutory copyright license similar to the one provided cable operators. If a DBS operator selects this option in a DMA, however, effective January 1, 2002, it must carry all the local stations in the DMA that request carriage pursuant to the Commission's rules. See 47 C.F.R. §76.66. See Implementation of the Satellite Home Viewer Improvement Act 1999: Broadcast Signal Carriage Issues, Retransmission Consent Issues, 16 FCC Rcd 1918 (2000); Implementation of the Satellite Home Viewer Improvement Act of 1999: Broadcast Signal Carriage Issues, 16 FCC Rcd 16544 (2001); Implementation of the Satellite Home Viewer Improvement Act of 1999: Retransmission Consent Issues: Good Faith Negotiation and Exclusivity, 16
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  • news and information sources generally -- and websites particularly -- not their popularity. See, e.g., AFL-CIO Comments at 12-14, (citing Consumer Union Comments in MM Docket No. 01-235, Douglas Gomery, The FCC's Newspaper-Broadcast Cross-Ownership Rule: An Analysis (Econ. Policy Inst., Feb. 2001)); AFTRA Comments at 10; UCC at al Comments at 23. See 47 C.F.R. § 76.56 (Cable) and § 76.66 (DBS). Most radio metros lie wholly within a single DMA; virtually all of the others are predominantly within a single DMA. . Appendix C, Diversity Indices in Ten Sample Markets, contains the Diversity Index calculations for the ten markets examined in MOWG Study No. 1, based on the market structure as of November 2002. MOWG Study No. 8, Table 20.
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  • Sports Net at www.newscorp.com/management/fsn.html. Application at 49. Application at 53, Attachment G. Applicants' Reply at 63. See, e.g., Satellite Home Viewer Improvement Act of 1999, PL 106-113, 113 Stat. 1501, Appendix I (1999) (``SHVIA''). 47 C.F.R. § 76.65. Implementation of the Satellite Home Viewer Improvement Act of 1999: Retransmission Consent Issues, 16 FCC Rcd 1918, 1928 (2000). 47 C.F.R. § 76.66(b)(1). See 47 C.F.R. § 76.66(i) (channel position); 47 C.F.R. § 76.66(j) (manner of carriage) 47 C.F.R. § 76.66(m) (remedies). See 47 U.S.C. § 536(a)(3); 47 C.F.R. § 76.1301(c). See 47 C.F.R. § 76.1003. The following is a list of national programming networks affiliated with News Corp. (News Corp.'s ownership share appears in parentheses only if it is less than 100%):
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  • an application for review by the full Commission, I believe that this issue is best addressed in the context of that proceeding. In the interim, the Bureau's decision provides that if any DBS provider chooses to carry local stations using a second dish to receive some those stations, it must do so in a manner that does not violate Section 76.66 of our rules and Section 338(d) of the Communications Act. DISSENTING STATEMENT OF COMMISSIONER MICHAEL J. COPPS Re: General Motors Corporation and Hughes Electronics, Corporation, Transferors and The News Corporation Limited, Transferee, For Authority to Transfer Control Here we go again. Today the Commission demonstrates how serious -- and seriously misguided -- it was when it voted on June 2
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  • Service, CSR-5865-Z (May 6, 2002)) of a previous Media Bureau interpretation of SHVIA. See National Association of Broadcasters and Association of Local Television Stations Request for Modification or Clarification of Broadcast Carriage Rules for Satellite Carriers, Declaratory Ruling and Order, DA 02-765 (Apr. 4, 2002). Until that time, DBS providers using a two-dish solution must do so consistent with Section 76.66 of our rules and Section 338(d) of the Communications Act. h�% C D B C D g h h�% h�% `` • - �%  ­
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  • an application for review by the full Commission, I believe that this issue is best addressed in the context of that proceeding. In the interim, the Bureau's decision provides that if any DBS provider chooses to carry local stations using a second dish to receive some those stations, it must do so in a manner that does not violate Section 76.66 of our rules and Section 338(d) of the Communications Act. See National Association of Broadcasters and Association of Local Television Stations, Request for Modification or Clarification of Broadcast Carriage Rules for Satellite Carriers, 17 FCC Rcd 6065 (MD, 2002). ``[T]he satellite carrier shall retransmit the signal of the local television broadcast stations to subscribers in the station's local market on
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  • See 17 U.S.C. § 122(j)(2)(A). See http://www.directv.com and http://www.dishnetwork.com (viewed on April 24, 2003). See Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming Eighth Annual Report, CS Docket No. 01-129, FCC Rcd (2002)(``2001Competition Report''). See also Policies and Rules for the Direct Broadcast Satellite Service, supra note 5,at para.10. See 47 C.F.R. §76.66. Such obligations included must carry obligations, program access rules, channel occupancy limits, syndicated exclusivity, network non duplication and sports blackout, leased and PEG channel access requirements, cross ownership prohibitions, and local taxes and other fees. First Report and Order, 13 FCC Rcd at 23277. See First Report an Order, 13 FCC Rcd at 23276-78. See Time Warner Petition at 3-4.
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  • not provide a good quality signal to the headend; it substantially duplicates the signal of another television station in the market, or the cable system has reached its one-third channel capacity),See 47 U.S.C. §§ 534(b)(1), (5), 534(h)(1)(B)(iii), 535(e), (g)(4), 47 C.F.R. §§ 76.55(c)(3), 76.56(a), (b)(5) (for commercial and noncommercial television stations on cable); 47 U.S.C. §§ 338(b),(c), 47 C.F.R. § 76.66(g), (h) (for commercial and noncommercial television stations on satellite). Conference Report at 577. See 47 U.S.C. § 534(h)(1)(C). Cable and satellite mandatory carriage requirements for digital signals are the subject of a separate proceeding. Carriage of Digital Television Broadcast Signals, First Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd 2598 (2001) (``DTV Must Carry Report and
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  • U.S.C. § 122(j)(2)(A). See http://www.directv.com and http://www.dishnetwork.com (viewed on Feb. 6, 2004). See In the Matter of Annual Assessment of the Status of Competition in Markets for the Delivery of Video Programming, Tenth Annual Report, FCC 04-5, __FCC Rcd___(Jan. 28, 2004). See also Policies and Rules for the Direct Broadcast Satellite Service, supra note 5 at para.10. See 47 C.F.R. §76.66. Such obligations included must carry obligations, program access rules, channel occupancy limits, syndicated exclusivity, network non duplication and sports blackout, leased and PEG channel access requirements, cross ownership prohibitions, and local taxes and other fees. First Report and Order, 13 FCC Rcd at 23277. See First Report an Order, 13 FCC Rcd at 23276-78. See Time Warner Petition at 3-4.
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  • 535(b). See also 47 C.F.R. § 76.56. SHVIA was enacted as Title I of the Intellectual Property and Communications Reform Act of 1999 (relating to copyright licensing and carriage of broadcast signals by satellite carriers, codified in scattered sections of 17 and 47 U.S.C.), Pub.L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (Nov. 29, 1999). 47 C.F. R. § 76.66. 47 C.F. R. § 76.64. 47 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
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  • how penetration requirements hurt 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
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  • pleading cycle due to the need to implement the new rules before the upcoming carriage cycle. We received comments from six parties. As we stated in the Notice, the new and amended rules apply only to satellite service in the states covered by Section 338(a)(4), which we herein conclude are Alaska and Hawaii. The existing signal carriage provisions in Section 76.66 also continue to apply to satellite service in these states, where relevant and not inconsistent with the rules adopted in this proceeding. Satellite Carriers with More Than 5,000,000 Subscribers Subsection 338(a)(4) expressly applies to a ``satellite carrier that offers multichannel video programming distribution service in the United States to more than 5,000,000 subscribers.'' In the Notice, we proposed that this
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  • is consistent with our rules, and ensures compliance with the statute. We disagree with DIRECTV and EchoStar that delivery via certified mail, return receipt requested is unnecessary. We find such delivery is necessary to evidence delivery of the notice. Finally, we revise our proposed rule to clarify that satellite carriers must also provide the carriage election notifications described in Section 76.66(d)(5)(i). We will also require satellite carriers to publish a list on their websites that will identify all of the significantly viewed signals they are carrying, by market and community. EchoStar has asked us to consider whether its proposed zip-code look-up function which would permit a visitor to type in a zip code to retrieve a list of the significantly viewed
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  • division of EchoStar Satellite, L.L.C., are two of the major providers of satellite television. See infra Appendix C. Id. Id. EAS NPRM, 19 FCC Rcd at 15786, para. 29. A satellite carrier provides "local-into-local" satellite service when it retransmits a local television signal back into the local market of that television station for reception by subscribers. See 47 C.F.R. § 76.66(a)(6). EAS NPRM, 19 FCC Rcd at 15786, para. 29. Id. Id. Id. See infra Appendix B, 47 C.F.R. §§ 11.11(a), 11.51(j), 11.54(b)(2). DTH satellite service providers must ensure that their EAS equipment is fully compliant with Part 11, including sections dealing specifically with EAS equipment. See infra Appendix B, 47 C.F.R. §§ 11.31(c)-(f), 11.33(a)(4), 11.34(e), 11.35(a)-(c). See infra Appendix B,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-191A1_Erratum.doc
  • division of EchoStar Satellite, L.L.C., are two of the major providers of satellite television. See infra Appendix C. Id. Id. EAS NPRM, 19 FCC Rcd at 15786, para. 29. A satellite carrier provides "local-into-local" satellite service when it retransmits a local television signal back into the local market of that television station for reception by subscribers. See 47 C.F.R. § 76.66(a)(6). EAS NPRM, 19 FCC Rcd at 15786, para. 29. Id. Id. Id. See infra Appendix B, 47 C.F.R. §§ 11.11(a), 11.51(j), 11.54(b)(2). DTH satellite service providers must ensure that their EAS equipment is fully compliant with Part 11, including sections dealing specifically with EAS equipment. See infra Appendix B, 47 C.F.R. §§ 11.31(c)-(f), 11.33(a)(4), 11.34(e), 11.35(a)-(c). See infra Appendix B,
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  • signal of a significantly viewed television broadcast station to a subscriber located outside such station's local market must list all such stations and the communities to which they are retransmitted on their website. (g) Signals of significantly viewed television broadcast stations may not be retransmitted by satellite carriers to subscribers who do not subscribe to local-into-local service pursuant to section 76.66; except that a satellite carrier may retransmit a significantly viewed signal of a television broadcast station to a subscriber located in a local market in which (1) there is no station affiliated with the same television network as the station whose signal is significantly viewed; or (2) the station affiliated with the same television network as the station whose signal
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  • adopt rules in compliance with requirements in the Satellite Home Viewer Extension and Reauthorization Act of 2004 (``SHVERA''). Specifically, Section 202 of the SHVERA requires the Commission to implement new section 340(h) of the Communications Act of 1934, as amended (``Communications Act'' or ``Act''); Section 205 amends Section 338(h)(2) of the Act by instructing the Commission to amend rule section 76.66(d)(2); and Section 209 requires the Commission to exempt satellite carriers from complying with the testing requirements in Section 339(c)(4)(A) of the Act. We are amending the rules without providing prior public notice and comment because these amendments merely implement provisions of the SHVERA that direct the Commission to revise its rules as specified in the legislation. The Commission's action involves
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  • we open this rulemaking proceeding and seek comments on implementation of the SHVERA's amendments to Section 338(a) of the Act, on rule proposals in this Notice, and tentative conclusions regarding these rules. The proposed rules are in the Appendix to this Notice. These amendments apply only to satellite service in the noncontiguous states. The existing signal carriage provisions in Section 76.66 also continue to apply to satellite service in the noncontiguous states, where relevant and not inconsistent with the rules proposed in this proceeding. Satellite Carriers with More Than 5,000,000 Subscribers The SHVERA adds subsection 338(a)(4) to the Act, which applies to a ``satellite carrier that offers multichannel video programming distribution service in the United States to more than 5,000,000 subscribers.''
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  • Issues Related to Competition and Subscriber Rates in the Cable Television Industry, GAO-04-08, Oct. 2003, at 29. 47 U.S. C. § 521(a)(19) note; Pub. L. No. 102-385, 106 Stat. 1460, Oct. 5, 1992. 47 U.S.C. §§ 534(b), 535(b). See also 47 C.F.R. § 76.56. Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (Nov. 29, 1999). 47 C.F.R. § 76.66. 47 C.F.R. § 76.64. 47 C.F.R. § 76.60. See 2004 Report, 20 FCC Rcd at 2805 ¶ 79. See Notice, 20 FCC Rcd at 14140 ¶ 64. Joint Cable Commenters Reply Comments at 17. ACA Comments at 7-8; OPASTCO Reply Comments at 5. Id. BSPA Comments at 24. Qwest Comments at 22-23. NRTC Comments at 8. NAB Reply Comments at
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  • station. Exclusive retransmission consent agreements are prohibited. Initially, the exclusivity provisions were to sunset on Dec. 31, 2005, but the sunset of the exclusivity provisions was extended to Jan. 1, 2010, in SHVERA. 47 U.S.C. §§ 534(b), 535(b). See also 47 C.F.R. § 76.56. Pub. L. No. 106-113, 113 Stat. 1501, 1501A-526 to 1501A-545 (Nov. 29, 1999). 47 C.F.R. § 76.66. 47 C.F.R. § 76.64. 47 C.F.R. § 76.60. See, e.g., 2004 Report, 20 FCC Rcd at 2805 ¶ 79; 2005 Report, 21 FCC Rcd at 2503 ¶ 177. The Commission has determined that when a television station broadcasts only a digital signal, it is entitled to carriage. See Carriage of Digital Television Broadcast Signals, Amendments to Part 76 of the
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  • number of television stations in a DMA,'' id. at 13789 ¶ 428. Thus, use of DMAs facilitates application of the major media voices test, which for the reasons discussed below focuses exclusively on newspapers and television stations. In addition, television stations are generally seen throughout a DMA because of mandatory carriage requirements. See 47 C.F.R. § 76.56 (Cable) and § 76.66 (DBS). Information on television stations, radio stations, and newspapers is from BIA's Media Access Pro Database. We note that we are not able to make any adjustments for radio/television cross-ownership in any market. Major newspapers are newspapers that are published at least four days a week within the DMA and have a circulation exceeding 5 percent of the households in
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  • Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report & Order, 13 FCC Rcd 15691, 15692 ¶ 2 (1998). Id. at 15693, ¶ 3 (citing Main Studio R&O, 2 FCC Rcd at 3217-18). Id., 13 FCC Rcd 15694 ¶ 7; see 47 C.F.R. §73.1125. See supra note 37. See supra para. 26. See 47 C.F.R. §§76.55(cable); 76.66 (satellite). See 47 U.S.C. § 534 (local commercial television stations); 47 U.S.C. § 535 (noncommercial educational television stations); Implementation of the Cable Television Consumer Protection and Competition Act of 1992 Broadcast Signal Carriage Issues, Report and Order, 8 FCC Rcd 2965 (1993) (``Cable Must Carry Order''). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992
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  • North Carolina Comments at 10. Norwell Comments at 6. First DTV Must Carry Order, 16 FCC Rcd at 2617, ¶ 46. Although signal strength requirements for the delivery of digital signals to satellite receive facilities have not been finalized, we remind DBS providers of their obligation to carry local broadcast stations that provide a ``good quality signal.'' 47 C.F.R. § 76.66(g). DirecTV Comments at 3. Id. at 3-4. See also NCTA Comments at 2-3. See also, e.g., Allbritton Comments at 3; APTS/PBS Comments at 16-18; Bahakel Comments at 4; Central Michigan University Comments at 6; Disney Comments at 5-6; Hawaii Public Television Foundation Comments at 5; MSTV/NAB Comments at 22-26; Nebraska PTV Licensees Comments at 4; PBNP Comments at 5; Quincy
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  • and 30A. The provisions of Appendices 30 and 30A of the International Radio Regulations are applicable to the BSS in the frequency bands 12.2-12.7 GHz (Region 2) and to their associated feeder links in the bands 17.3-17.8 GHz (Region 2). Other BSS allocations are not subject to the provisions of these Plans. See 47 U.S.C. § 338(a), 47 C.F.R. § 76.66. 47 U.S.C. § 338(a)(4). See also Implementation of Section 210 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 to Amend Section 338 of the Communications Act, Report and Order, 20 FCC Rcd 14242 (2005). See 47 C.F.R. § 25.601. EchoStar Comments at 21. Bermuda Comments at 4. 17/24 BSS GHz NPRM, 21 FCC Rcd at 7437, para.
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  • for Modification or Clarification of Broadcast Carriage Rules for Satellite Carriers. The Bureau has issued an order vacating in part its declaratory ruling and thus these applications have been rendered moot. 4. Accordingly, IT IS ORDERED that pursuant to Sections 4(i), 303(r), and 338 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 303(r), 338, and Sections 1.115 and 76.66 of the Commission's Rules, 47 C.F.R. §§ 1.115 and 76.66, the Motion filed by EchoStar Satellite L.L.C. is granted with respect to the above captioned proceedings and they are hereby terminated. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary By separate order, the Media Bureau granted EchoStar's motion with respect to pending Petitions for Reconsideration of specified adjudications that EchoStar included
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  • either mandatory carriage or retransmission consent agreements. Noncommercial television stations do not have retransmission consent rights. In markets where a DBS operator carries any station to subscribers within the station's local market (i.e., ``local-into-local'' carriage), all broadcast television stations in the market have a right to mandatory carriage by that DBS operator (i.e., the ``carry-one, carry-all'' requirement). 47 C.F.R. § 76.66. Broadcasters also have the option of negotiating terms of retransmission with the DBS operator. The reciprocal bargaining obligation applies to retransmission consent negotiations between all broadcasters and MVPDs regardless of the designated market area in which they are located. See Satellite Home Viewer Extension and Reauthorization Act of 2004, Pub. L. No. 108-447, 118 Stat 2809 (2004) (codified in scattered
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  • ADOPTED and the Commission's Rules ARE HEREBY AMENDED as set forth in Appendix C of this Order, and shall become effective 30 days after publication in the Federal Register except that: the requirement that broadcasters notify the satellite carrier of the date on which they anticipate termination of their analog signal (discussed in paragraph 16 of the Order), and Rule 76.66(d)(2)(vi), contain new information collection requirements under the PRA and shall not be effective until the FCC publishes a document in the Federal Register announcing OMB approval of and the effective date of these information collections. Also, Rules 76.66(d)(1)(ii),(iii), and (iv), 76.66(d)(2)(i),(ii),(iv), and (v), 76.66(d)(3), 76.66(d)(5)(i), 76.66(f)(3) and (4), 76.66(h)(5), and 76.66(m)(1) and (2) contain information collection requirements under the PRA
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  • satisfies the conditions in paragraphs (1) and (2) of this section or qualifies for one of the two exceptions to these conditions provided in paragraphs (3) and (4) of this section. (1) Receipt of local-into-local service. A satellite carrier may retransmit to a subscriber the signal of a significantly viewed station only if that subscriber receives local-into-local service, pursuant to §76.66 of this chapter. (2) Receipt in HD format. A satellite carrier may retransmit to a subscriber in high definition (HD) format the signal of a significantly viewed station only if such carrier also retransmits in HD format the signal of a station located in the local market of such subscriber and affiliated with the same network whenever such format is
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  • 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 signal'' is defined, for the purposes of the Act, as: ``(i) a satellite signal whose power level as designed shall achieve reception and demodulation of the signal at an availability level of at least 99.7 percent using- (I) models of satellite antennas normally used by the satellite
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  • satellite carrier from retransmitting to a subscriber the SV station in standard definition (SD) format. For purposes of the HD format requirement, the corresponding local (in-market) station will be considered ``available'' to the satellite carrier when the station: (1) elects mandatory carriage or grants retransmission consent; (2) provides a good quality signal to the satellite carrier as required by Section 76.66(g) of the rules; and (3) is otherwise in compliance with the ``good faith negotiation'' and carriage provisions set forth in Sections 76.65 and 76.66 of the rules. However, the HD signal of the corresponding local station will be deemed ``available'' despite failure to reach agreement on the terms of retransmission if the satellite carrier is not in compliance with Section
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  • 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 manner in
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  • to carry "the primary video, accompanying audio, and line 21 closed caption transmission of each of the local commercial television stations carried on the cable system and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on subcarriers." 47 U.S.C. § 534(b)(3), 47 C.F.R. § 76.62(e), (f) (cable); 47 U.S.C. § 338(j), 47 C.F.R. § 76.66(j) (DBS). See also 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, ¶¶ 60-61 (2001). NPRM, supra note 2, at ¶ 14. See supra ¶¶ 5-9. 2000 Report and Order,
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  • to carry "the primary video, accompanying audio, and line 21 closed caption transmission of each of the local commercial television stations carried on the cable system and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on subcarriers." 47 U.S.C. § 534(b)(3), 47 C.F.R. § 76.62(e), (f) (cable); 47 U.S.C. § 338(j), 47 C.F.R. § 76.66(j) (DBS). See also 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, ¶¶ 60-61 (2001). 2000 Report and Order, supra note 2, at ¶ 30. Recon, supra note 2, at
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  • and that possessed carriage rights under section 338, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 338; 534; 535) on November 30, 2010, shall have, at its shared location, the carriage rights under such section that would apply to such station at such location if it were not sharing a channel. * * * * 3. Section 76.66 is revised as follows: § 76.66 Satellite broadcast signal carriage. * * * (n) Channel Sharing Carriage Rights. A broadcast television station that voluntarily relinquishes spectrum usage rights under Section 73.3700 of this Part in order to share a television channel and that possessed carriage rights under section 338, 614, or 615 of the Communications Act of 1934 (47 U.S.C.
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  • the technical barriers to doing so. Our approach to technical feasibility is also consistent with uses of that term in the direct broadcast satellite and common carrier context. See Implementation of the Satellite Home Viewer Improvement Act of 1999: Broadcast Signal Carriage Issues; Retransmission Consent Issues, Report and Order, 16 FCC Rcd 1918 at 1966-67 (2000) (implementing 47 C.F.R. § 76.66 and noting that while there would be significant costs and challenges in designing, constructing, and launching new satellites, it was nevertheless technically feasible to carry program-related material, including closed captioning, as required by statute); 47 C.F.R. § 54.5 (```Technically feasible' [in universal service context] means capable of accomplishment as evidenced by prior success under similar circumstances. . . . A
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  • a nondiscriminatory manner. The Media Bureau recently determined that EchoStars two-dish plan failed to provide consumers with access to local broadcast signals at a nondiscriminatory price or in a nondiscriminatory manner, and failed to place these signals on contiguous channels.[4][1] We wholeheartedly agree with the Bureau Orders conclusion that the two-dish plan therefore violated the nondiscrimination provision of SHVIA and 76.66(i) of the Commissions rules.[5][2] Unfortunately, and puzzlingly, the Bureau Order did not stop there. The Bureau Order went on to propose several options regarding how EchoStar could remedy the statutory and rule violations. For instance, as discussed below, the Bureau Order states EchoStar could continue its two-dish plan merely by providing [i]mmediate and direct communication to its subscribers regarding the
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • L.L.C., are two of the major providers of satellite television. 154 See infra Appendix C. 155 Id. 156 Id. 157 EAS NPRM, 19 FCC Rcd at 15786, para. 29. 158 A satellite carrier provides "local-into-local" satellite service when it retransmits a local television signal back into the local market of that television station for reception by subscribers. See 47 C.F.R. 76.66(a)(6). 159 EAS NPRM, 19 FCC Rcd at 15786, para. 29. 160 Id. 161 Id. 162 Id. 163 See infra Appendix B, 47 C.F.R. 11.11(a), 11.51(j), 11.54(b)(2). 164 DTH satellite service providers must ensure that their EAS equipment is fully compliant with Part 11, including sections dealing specifically with EAS equipment. See infra Appendix B, 47 C.F.R. 11.31(c)-(f), 11.33(a)(4), 11.34(e), 11.35(a)-(c).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020404.html
  • AND EQUIPMENT. Issued statistical report on average rates for basic service, cable programming services, and equipment. (Dkt No. 92-266). Action by: the Commission. Adopted: 04/01/2002 by REPORT. (FCC No. 02-107). MB [40]FCC-02-107A1.doc [41]FCC-02-107A1.pdf [42]FCC-02-107A1.txt NATIONAL ASSOCIATION OF BROADCASTERS AND ASSOCIATION OF LOCAL TELEVISION STATIONS' EMERGENCY PETITION FOR MODIFICATION OR CLARIFICATION OF BROADCAST CARRIAGE RULES FOR SATELLITE CARRIERS, 47 C.F.R. SECTION 76.66. Granted the petition to the extent indicated in the Order. By Declaratory Ruling and Order. File No. CSR-5865-Z. (Dkt No. 00-96). Action by: Chief, Media Bureau. Adopted: 04/04/2002 by Declaratory Ruling. (DA No. 02-765). MB [43]DA-02-765A1.doc [44]DA-02-765A1.pdf [45]DA-02-765A1.txt SAINT MARTIN OF TOURS SCHOOL, BRONX, NY. Denied requests for review and affirmed SLD's decision to deny funding for discounted services. (Dkt
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  • MATEO, CALIFORNIA. Corrects the bureau designation assignment for DA 02-928 released April 26, 2002, to read MB 02-84. Action by: Chief, Video Division by ERRATUM. MB [86]DOC-222086A1.doc [87]DOC-222086A1.pdf [88]DOC-222086A1.txt FAMILY STATIONS, INC. V. ECHOSTAR SATELLITE CORPORATION. Denied Family Stations, Inc., WFME, West Milford, New Jersey petition for reconsideration of our initial order and alternatively, a petition for waiver of Section 76.66(c)(5).. Action by: Deputy Chief, Media Bureau. Adopted: 05/01/2002 by MO&O. (DA No. 02-1022). MB [89]DA-02-1022A1.doc [90]DA-02-1022A1.pdf [91]DA-02-1022A1.txt FAMILY STATIONS, INC. V. ECHOSTAR SATELLITE CORPORATION, PETITION FOR RECONSIDERATION. Denied Family Stations, Inc., KFTL, Stockton, California petition for reconsideration of our initial order and alternatively, a petition for waiver of Section 76.66(c)(3).. Action by: Deputy Chief, Media Bureau. Adopted: 05/01/2002 by MO&O.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd021220.html
  • [144]DA-02-3504A1.doc [145]DA-02-3504A1.pdf [146]DA-02-3504A1.txt FM TABLE OF ALLOTMENTS OF JASPER, FL AND TIGERTON, WI. Amended FM Table of Allotments for these communities. (Dkt No. 02-274, 02-275). Action by: Assistant Chief, Audio Division, MB. Adopted: 12/18/2002 by R&O. (DA No. 02-3505). MB [147]DA-02-3505A1.doc [148]DA-02-3505A1.pdf [149]DA-02-3505A1.txt FAMILY STATIONS, INC. V. DIRECTV, INC. Denied KFTL' petition for reconsideration and petition for waiver of Section 76.66(c)(3). Action by: the Deputy Chief, Media Bureau. Adopted: 12/06/2002 by MO&O. (DA No. 02-3503). MB [150]DA-02-3503A1.doc [151]DA-02-3503A1.pdf [152]DA-02-3503A1.txt FM TABLE OF ALLOTMENTS OF HILTON HEAD ISLAND, HOLLYWOOD AND PORT ROYAL, SC. Amended FM Table of Allotments for these communities. (Dkt No. 02-198). Action by: Assistant Chief, Audio Division, MB. Adopted: 12/18/2002 by R&O. (DA No. 02-3506). MB [153]DA-02-3506A1.doc [154]DA-02-3506A1.pdf [155]DA-02-3506A1.txt
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040802.html
  • Order. (DA No. 04-2391). EB [13]DA-04-2391A1.doc [14]DA-04-2391A1.pdf [15]DA-04-2391A1.txt REQUEST FOR EXTENSION OF TIME TO CONSTRUCT DIGITAL FACILITIES FOR STATION KXXV-DT, WACO, TEXAS. Denied the Application for Review. Action by: the Commission. Adopted: 07/28/2004 by MO&O. (FCC No. 04-183). MB [16]FCC-04-183A1.doc [17]FCC-04-183A1.pdf [18]FCC-04-183A1.txt FAMILY STATIONS, INC. V. DIRECTTV, INC. Denied WFME's Petition for Reconsideration and alternatively, Petition for Waiver of Section 76.66(c)(5). Action by: Deputy Chief, Media Bureau. Adopted: 07/28/2004 by Order on Reconsideration. (DA No. 04-2434). MB [19]DA-04-2434A1.doc [20]DA-04-2434A1.pdf [21]DA-04-2434A1.txt MINORITY TELEVISION PROJECT, INC. V. FALCON CABLE SYSTEMS COMPANY II, L.P. D/B/A CHARTER COMMUNICATIONS, INC. Denied Petition for Reconsideration filed by Minority Television Project, Inc. Action by: Deputy Chief, Media Bureau. Adopted: 07/28/2004 by Order on Reconsideration. (DA No. 04-2435). MB
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050330.html
  • to Deny". Action by: Chief, Video Division, Media Bureau. Adopted: 03/28/2005 by ORDER. (DA No. 05-886). MB [153]DA-05-886A1.doc [154]DA-05-886A1.pdf [155]DA-05-886A1.txt IMPLEMENTATION OF THE SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF 2004 ("SHVERA"), PROCEDURAL RULES. The FCC adopted a final order implementing 3 separate procedural requirements of SHVERA. The rules implement new 340(h) of Communications Act and amend 73.683(f) & 76.66(d)(2) of Commission's regulations, as req. by 202, 205, & 209 of the SHVERA. Action by: the Commission. Adopted: 03/28/2005 by ORDER. (FCC No. 05-81). MB [156]FCC-05-81A1.doc [157]FCC-05-81A1.pdf [158]FCC-05-81A1.txt FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE/SMITH BAGLEY, INC. PETITION FOR WAIVER OF SECTION 54.400(E) OF THE COMMISSION'S RULES. Granted the Waiver Petition. (Dkt No. 03-109). Action by: the Commission. Adopted: 03/17/2005 by
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd051230.html
  • VIRGINIA (REGION 20) 800 MHZ REGIONAL PLANNING COMMITTEE PUBLIC SAFETY AMENDMENT. (DA No. 05-3345). (Dkt No 90-7). Comments Due: 01/30/2006. Reply Comments Due: 02/14/2006. WTB. Contact: Jeannie Benfaida at (202) 418-0680; TTY: (202) 418-7233; e-mail: Jeannie.Benfaida@fcc.gov [35]DA-05-3345A1.doc [36]DA-05-3345A1.pdf [37]DA-05-3345A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- TV 34, INC., LICENSEE OF KWFT (TV), EUREKA SPRINGS, AR.. Granted request for waiver of Section 76.66(e)(3) of the Commission's rules. Action by: Chief, Media Bureau. Adopted: 12/29/2005 by MO&O. (DA No. 05-3349). MB [38]DA-05-3349A1.doc [39]DA-05-3349A1.pdf [40]DA-05-3349A1.txt ADELPHIA CABLE COMMUNICATIONS. Granted the request of Adelphia Cable Communications for a determination of effective competition in Boca Raton, Florida.. Action by: Deputy Chief, Policy Division, Media Bureau. Adopted: 12/28/2005 by MO&O. (DA No. 05-3351). MB [41]DA-05-3351A1.doc [42]DA-05-3351A1.pdf [43]DA-05-3351A1.txt SERVICE
• http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc216.html http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc216.pdf http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc216.txt
  • a nondiscriminatory manner. The Media Bureau recently determined that EchoStars two-dish plan failed to provide consumers with access to local broadcast signals at a nondiscriminatory price or in a nondiscriminatory manner, and failed to place these signals on contiguous channels.[4][1] We wholeheartedly agree with the Bureau Orders conclusion that the two-dish plan therefore violated the nondiscrimination provision of SHVIA and 76.66(i) of the Commissions rules.[5][2] Unfortunately, and puzzlingly, the Bureau Order did not stop there. The Bureau Order went on to propose several options regarding how EchoStar could remedy the statutory and rule violations. For instance, as discussed below, the Bureau Order states EchoStar could continue its two-dish plan merely by providing [i]mmediate and direct communication to its subscribers regarding the
• http://www.fcc.gov/eb/Orders/2005/FCC-05-191A1.html
  • L.L.C., are two of the major providers of satellite television. 154 See infra Appendix C. 155 Id. 156 Id. 157 EAS NPRM, 19 FCC Rcd at 15786, para. 29. 158 A satellite carrier provides "local-into-local" satellite service when it retransmits a local television signal back into the local market of that television station for reception by subscribers. See 47 C.F.R. 76.66(a)(6). 159 EAS NPRM, 19 FCC Rcd at 15786, para. 29. 160 Id. 161 Id. 162 Id. 163 See infra Appendix B, 47 C.F.R. 11.11(a), 11.51(j), 11.54(b)(2). 164 DTH satellite service providers must ensure that their EAS equipment is fully compliant with Part 11, including sections dealing specifically with EAS equipment. See infra Appendix B, 47 C.F.R. 11.31(c)-(f), 11.33(a)(4), 11.34(e), 11.35(a)-(c).
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • news and information sources generally -- and websites particularly -- not their popularity. See, e.g., AFL-CIO Comments at 12-14, (citing Consumer Union Comments in MM Docket No. 01-235, Douglas Gomery, The FCC's Newspaper-Broadcast Cross-Ownership Rule: An Analysis (Econ. Policy Inst., Feb. 2001)); AFTRA Comments at 10; UCC at al Comments at 23. See 47 C.F.R. § 76.56 (Cable) and § 76.66 (DBS). Most radio metros lie wholly within a single DMA; virtually all of the others are predominantly within a single DMA. . Appendix C, Diversity Indices in Ten Sample Markets, contains the Diversity Index calculations for the ten markets examined in MOWG Study No. 1, based on the market structure as of November 2002. MOWG Study No. 8, Table 20.
• http://www.fcc.gov/mb/engineering/76print.html
  • [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 Blackout [30]76.92 Cable network non-duplication; extent of protection. [31]76.93 Parties entitled
• http://www.fcc.gov/mb/engineering/part76.pdf
  • 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 and enforcement. § 76.79 Records available for public inspection. Subpart F-Network Non-duplication Protection,
• http://www.fcc.gov/mb/peer_review/prrespstudy4.pdf
  • *** 0.05 0.12 *** 0.02 Local Marketing Agreement -57.00 66.01 60.23 48.08 MultiNetworkAffil -239.03 ** 101.72 -75.91 86.96 Locally Owned -130.97 *** 37.05 25.80 59.23 O and O Big Four 474.19 *** 94.74 -241.96 ** 94.24 TV-Radio Crossowned 82.85 *** 28.05 -6.26 29.61 TV-Newspaper Crossowned 212.44 137.30 NonCommercial -434.57 *** 52.99 VHF Channel 824.17 *** 98.00 Dummy2003 575.04 *** 126.72 76.66 *** 13.99 Dummy2004 910.26 *** 277.21 136.47 *** 31.15 Dummy2005 1,162.91 *** 420.74 163.07 *** 47.23 Dummy2003*NonCommercial -64.78 *** 14.74 Dummy2004*NonCommercial -168.28 *** 21.41 Dummy2005*NonCommercial -187.70 *** 27.34 Dummy2003*TV-Newspaper_Crossown 54.24 46.10 Dummy2004*TV-Newspaper_Crossown 98.06 60.89 Dummy2005*TV-Newspaper_Crossown 50.76 74.22 Additional Dummy Variables Used: Every Market Every Station (not shown in table) No. Observations 6,703 6,703 Adj. R2 0.83 0.98 Key ownership variables
• http://www.fcc.gov/transaction/echostar-directv/family_comment031902.pdf
  • that burden. 4 See TV Today, published by the National Association of Broadcasters, March 18, 2002. 4. If the merger is to be approved, the Commission must ensure, by explicit and enforced conditions, that New EchoStar adhere to its original clear pledge to carry all local television stations in all 210 markets. Moreover, the Commission should waive or modify Section 76.66(c)(1) of its Rules, to stop EchoStar and DirecTV from denying carriage based on technicalities relating to the timing or content of carriage requests. Indeed, if the merger is approved, a new carriage request window should be opened, so that New EchoStar is not given the power to peel off and damage a layer of the television broadcast industry of its
• http://www.fcc.gov/transaction/echostar-directv/genmot3_reply022502.pdf
  • freed-up spectrum for non-duplicative programming. As a single DBS provider, New EchoStar will have a four percent public interest set-aside obligation under the second dish plan rested directly on the text of the Commission's must-carry regulation, which applies only where the subscribers acquire the second dish "at their own expense" and for "an additional carrier charge." See 47 C.F.R. § 76.66(i)(4). 343 Applications for Consent to Transfer of Control of Southern New England Telecommunications Corp., 13 FCC Rcd. 21292, 21306, ¶ 29 (1998) ("The Commission has regularly declined to consider in merger proceedings matters that are the subject of other proceedings before the Commission because the public interest would be better served by addressing the matter in the broader proceeding of
• http://www.fcc.gov/transaction/echostar-directv/genmot_atta022502.pdf
  • as ABC, NBC, CBS, and Fox), and second, the number of stations that the DBS providers "must carry." Under the "must carry" rules, if a satellite carrier elects to transmit even one local broadcast station in a local market, it must also carry, upon request, the signals of all other qualified broadcast stations in that market. See 47 C.F.R. § 76.66. This requirement is a condition of the carrier's use of the compulsory copyright license granted by the Satellite Home Viewer Improvement Act of 1999. See 47 U.S.C. § 338. 7 Commenters appear to ignore the opportunity costs of providing local service. For example, Dr. Rubinfeld argues that the two DBS firms could "possibly" expand local service to all 210 DMAs,
• http://www.fcc.gov/transaction/echostar-directv/national_petdeny020402.pdf
  • CS Docket No. 01-129. 61 c. New EchoStar's Promise To Extend Local Service Should Be Viewed Skeptically. 136. The Applicants' promise to extend service to the top 100 DMAs is especially suspect in light of the Applicants' record of grudging and resisting compliance with the local signal carriage requirements of the Satellite Home Viewer Improvement Act of 1999 (SHVIA).214 Section 76.66(b) of the FCC's rules, which implements the SHVIA carriage obligation, requires satellite carriers to retransmit the signals of all qualified local television stations that elect must-carry status in markets where local signals are carried beginning on January 1, 2002.215 EchoStar and Hughes have strenuously sought to avoid this requirement, refusing carriage to numerous local television stations without providing adequate reasons
• http://www.fcc.gov/transaction/echostar-directv/pappas_comment020402.pdf
  • clear intent of Congress in passing SHVIA, which includes a specific provision barring discriminatory treatment of some local stations. 47 U.S.C. ß 338(d). As the NABís Emergency Petition points out, Congress intended to ìÖensure that satellite carriers position local stations in a way that is convenient and practically accessible for consumers.î23 Moreover, the Commissionís rule addressing this issue ñ Section 76.66(i)(4) ñ seems clearly intended, when read in light of the relevant Commission Orders, to prevent satellite carriers from engaging in 22 When Pappasís representatives called local retailers to inquire about the second dish, they were told nothing about EchoStarís offer. Rather, they were advised in one case that a second dish would cost $100 for equipment and $69 for installation