FCC Web Documents citing 76.970
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- 27, 2000, two separate requests were made for information concerning rates for commercial leased access on West Alabama's cable system. The petition also provides a copy of a written request dated January 18, 2000 by Jackson to West Alabama for commercial leased access. The petition asserts that West Alabama has not responded to this written request, as required by Section 76.970(h)(1) of the Commission's rules. The petition requests an expedited investigation into the matter and requests the Commission to instruct West Alabama to accommodate the request without delay. We will grant the petition and order West Alabama to provide Jackson the requested leased access information within seven days of the date of this order. Additionally, in view of West Alabama's failure
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- Chief, Cable Services Bureau 47 C.F.R. 76.975. Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). See also In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Petition at Exhibit A (Letter from Frank Vitale, Business Manager, Fal-Comm Communications,
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2196A1.doc
- H. Johnson Deputy Chief, Cable Services Bureau Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Petition at 2-3 and attachments. Id. 47 C.F.R. 76.971. Petition at 2-3 and attachments. Petition at 2. See 47 C.F.R.
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- 76.975(b). 47 C.F.R. 76.971(c). Comcast states that it serves television customers in Waterford, Pontiac and Lake Angelus, Michigan. Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612 of the Communications Act of 1934, as amended, 47 U.S.C. 532. 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977. 12 FCC Rcd 5267 (1997). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Falcomm Petition at 1. Comcast Reply at 1. Id. at 2. Id. Id. Id. Falcomm Petition at
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- the First Report and Order ("Second Order"). The record shows that Time Warner has satisfied Kenney's complaint by providing a leased access application and information concerning its leased access policies, procedures, and rates. Accordingly, Kenney's petition will be dismissed. However, Time Warner failed to send the leased access information within fifteen calendar days of the request as required by Section 76.970(h) of the Commission's rules. In view of this failure to comply with the Commission's commercial leased access regulations, we caution Time Warner that further failure to provide commercial leased access information on a timely basis may result in a notice of apparent liability for forfeiture pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 1.80
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- pursuant to the provisions of Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). The carriage was requested on Time Warner's Daytona Beach-Port Orange cable system. Kenney also alleges that
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- to establish that repeated or willful violations have occurred. ordering clauses Accordingly, IT IS HEREBY ORDERED, that the complaint filed by Engle Broadcasting in File No. CSR 5601-L IS DENIED. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau See 47 C.F.R. 76.970, 76.971 & 76.975. Engle also filed a Rebuttal to Opposition. Although Section 76.975 does not provide for the filing of a response to the cable operator's opposition, Engle's rebuttal will be considered in order to have a more complete record. Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of
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- Second Order on Reconsideration of the First Report and Order ("Second Order"). discussion and analysis A1A TV alleged that TCI failed to respond on a timely basis to a request for information concerning commercial leased access services in violation of the Commission's leased acccess regulations. TCI, in its response, stated that information concerning commercial leased access services required by Section 76.970(h)(1) of the Commission's rules was provided to A1A on November 10, 1999. Although the information was not provided within the required 15 calendar days of A1A's written request, we find that the complaint has been satisfied. The record shows that the information was provided five days late but well before A1A's complaint was filed with the Commission. Taking this into
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- leased access channels on our system. Sorry we could not accommodate you.'' Mr. Henry contends that these allegations establish that AT&T Cable has failed to designate any channels for commercial leased access and failed to respond on a timely basis to a request for information concerning leased access services, in violation of Section 612(b) of the Communications Act and Section 76.970 of the Commission's leased access regulations. AT&T Cable states in response that information concerning leased access services required by Section 76.970(h)(1) of the Commission's rules was sent to Mr. Henry on January 27, 2000. AT&T Cable argues that, because the leased access information required by the regulations has now been sent to Mr. Henry and since Mr. Henry's request for
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- purchased as a condition to the provision of leased access channels on its cable system serving Riverhead, New York, within fifteen (15) days from the release date of this Order. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau See 47 C.F.R. 76.970, 76.971 & 76.975. Petitioners provide television programming on CSC's cable system by delivering program videotapes to CSC. Petition at 1-2. CSC Holdings, Inc. is the parent company of CSC. Opposition at 1. Petitioners also filed a Motion to Accept Additional Pleadings, and CSC filed an Opposition to Motion to Accept Additional Pleadings. The Commission's rules applicable to commercial leased access
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- Chief, Cable Services Bureau 47 C.F.R. 76.975. Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). See also In the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Petition at 1. Id. at 1. Id. Id. Id. Id. at 2.
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- rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau 47 C.F.R. 76.975(b). 47 C.F.R. 76.971(c). Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612 of the Communications Act of 1934, as amended, 47 U.S.C. 532. 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977. 12 FCC Rcd 5267 (1997). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Falcomm Petition at 1; 47 C.F.R. 76.971(c). Id. at 1, Exhibit A. Id. at 1. MediaOne
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- of TCI's opposition to Score Board to which Score Board filed its reply. Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). See 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993) (``Rate Order''); see 47 C.F.R. 76.970, 76.971, 76.975 and 76.977. Implementation of the Cable Television Consumer Protection and Competition Act of 1992, 12 FCC Rcd 5267 (1997) (``Second Report''). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, 11 FCC Rcd 16933 (1996). Petition at 1. See Petition at Attachment 1 (Certificate of Liability Insurance). Opposition at 1. Id. Opposition at
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- Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau See 47 C.F.R. 76.9719(c). Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Petition at 1-3. Response at 3-5. Id. at 5-6. Time Warner defends the amount of theses
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- Information to be provided by cable operator on monthly subscriber bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation of rate agreements. 76.983 Discrimination. 76.984 Geographically uniform rate structure. 76.985 Subscriber bill itemization. 76.986 "A la carte"
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- its leased access rules in the Second Report and Order and Second Order on Reconsideration of the First Report and Order, 12 FCC Rcd 5267 (1997) (``Second Order''). See also Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). The leased access regulations are codified at 47 C.F.R. 76.970, 76.971, 76.975 and 76.977. 47 C.F.R. 76,.971(c). Id. Id. Reconsideration at 1. Id. Opposition at 1. Id. Id. at 3. 47 C.F.R. 0.283 and 1.106. (...continued from previous page) (continued....) Federal Communications Commission DA 05-1601 Federal Communications Commission FCC 00-XXX @ @& , 0 x {
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- rules alleging violations by Eastern Connecticut Cable Television, Inc. (``Eastern'') in the provision of commercial leased access service on Eastern's cable system. On March 31, 2005, Eastern filed a response requesting dismissal of the petition on the grounds that StogMedia's petition is untimely filed. There are three relevant rule provisions at issue in this leased access case. Pursuant to Section 76.970(i)(1), cable operators are required to respond to prospective leased access programmers within 15 calendar days of the date on which a request for leased access information was made. In addition, Section 76.970(i)(4) indicates that all requests for leased access must be made in writing and ``must specify the date on which the request was sent to the operator.'' Finally, Section
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- cable capacity does it devote to cable telephony/voice services? Networks Sold Individually As of July 1, 2006, did you sell any networks on an individual basis? (yes or no) Commercial Leased Access Pursuant to 45 USC 532, what is the maximum number of channels the system could be required to make available for commercial leased access? Pursuant to 47 CFR 76.970, what is the maximum commercial leased access rate the system may charge for full-time channel placement on a tier that exceeds a subscriber penetration rate of 50%? Page 2 of 13 Federal Communications Commission H. A B C D E Video Programming Service Limited Basic & Other Networks Required to Receive Family Tier Family Tier Monthly Price for Networks Sold
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- request for carriage by February 15, 2004. Mediacom therefore requested that the deadline be extended to February 17, 2004. United states that it agreed to the extension, but that when it subsequently attempted to substantiate access and obtain information, Mediacom did not return phone calls and has taken no further action regarding United's request. United asserts that Mediacom violated Section 76.970 of Commission's rules, which requires a cable system operator to provide prospective leased access programmers with leased access information within 15 calendar days of the date of the request and that Mediacom failed to grant United access to Mediacom's cable systems in South Walton and Santa Rosa Counties, Florida. As a result of Mediacom's actions, United asserts that the company
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- RULE MAKING REGARDING LEASED COMMERCIAL ACCESS AND THE DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION AND CARRIAGE MB Docket No. 07-42 Comment Date: September 4, 2007 Reply Comment Date: September 21, 2007 On June 15, 2007, the Commission released a Notice of Proposed Rulemaking (Notice) in this proceeding, seeking comment on its commercial leased access, 47 CFR sections 76.970 through 76.977, and program carriage, 47 CFR sections 76.1300 through 76.1302, complaint processes. The Notice set deadlines for filing comments and reply comments at 45 and 65 days, respectively, after publication of the Notice in the Federal Register. . , (202) 418-2388. TTY: (202) 418-7172 or (888) 835-5322. By the Chief, Media Bureau - FCC - Leased Commercial Access; Development
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- COMMENTS AND REPLY COMMENTS Adopted: August 24, 2007 Released: August 24, 2007 Revised date for filing Comments: September 11, 2007 Revised date for filing Reply Comments: October 12, 2007 By the Chief, Media Bureau: On June 15, 2007, the Commission released a Notice of Proposed Rulemaking (``Notice'' in this proceeding, seeking comment on its commercial leased access, 47 CFR sections 76.970 through 76.977, and program carriage, 47 CFR sections 76.1300 through 76.1302, complaint processes. The Notice set deadlines for filing comments and reply comments at 45 and 65 days, respectively, after publication of the Notice in the Federal Register. A summary of the Notice was published in the Federal Register on July 18, 2007. Accordingly, the comment filing dates were established
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- any sublessees will be subject to the non-price terms and conditions that apply to the initial lessee, and that, if the capacity is resold, the rate for the capacity shall be the maximum permissible rate. Need: These rules implement the leased commercial access provisions of the 1992 Cable Act. Legal Basis: 47 U.S.C. 154(i), 154(j), 532. Section Number and Title: 76.970(h), (i) Commercial leased access rates. 76.971(h) Commercial leased access terms and conditions. SUBPART S-OPEN VIDEO SYSTEMS Brief Description: These rules amend the process by which open video system certifications are handled by the Commission, and impose additional requirements on the content of open video system complaints. Need: These rules further Congress' mandate in adopting the 1996 Act and provide guidance
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- and incorporating these fees only after a reduced Average Implicit Fee has been determined, it charges RETV a fee less than the maximum explicit fee. Cox has not presented evidence to demonstrate, however, that it recovers the same amount of franchise fees through its proposed rate methodology as it would applying the average implicit fee formula set forth in Section 76.970 of the Commission's rules, nor has Cox demonstrated that a waiver of the methodology set forth in our rule for calculating the average implicit fee is warranted. Thus, we will not allow Cox to modify the implicit fee calculation by assessing a separate franchise fee on RETV. In addition, we note that RETV mentions that it has entered into a
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- to the provision of cable television services are designed to address. Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572 and 573. Section Number and Title: 76.970(c) Commercial leased access rates. Brief Description: This rule sets forth the standards for geographically uniform cable rates. Need: This rule implements provisions of the 1996 Telecommunications Act that reform several parts of Title VI of the Communications Act of 1934, including sections on effective competition to a cable system, small cable operator rules, uniform rate requirements, technical standards, and the
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- the operation, financial condition, or market development of the cable system." 47 U.S.C. 5 532(c)(1). The 1992 Cable Act amended Section 612 and broadened the statutory purpose to include "the promotion of competition in the delivery of diverse sources of video programming," and expanded the Commission's authority over leased access. 47 U.S.C. 5 532(a). 56 See 47 C.F.R. $9 76.701, 76.970, 76.971, 76.975 and 76.977. 52 " 47 C.F.R. Q 76.971(a)(l). According to the legislative history of the 1992 Cable Act amendments to the leased access requirements in Section 612, "If programmers using these channels are placed on tiers that few subscribers access, the purpose of this provision [to promote competition in the delivery of diverse sources of video programming and
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- Further Notice of Proposed Rulemaking (FCC 07-208) in the above-captioned proceeding. This Erratum amends the Report and Order as follows: 1. Paragraph 50, page 22, is revised to read as follows: ``We recognize that the industry should receive an appropriate amount of time to review and to take steps to comply with the new rate regulations set forth above. Section 76.970(j)(3), which contains new or modified information collection requirements that have not been approved by the Office of Management and Budget (``OMB''), is effective upon OMB approval. Section 76.970 is effective 90 days after date of publication in the Federal Register or upon OMB approval of 76.970(j)(3), whichever is later. Thus, at a minimum, the new rate regulations will not
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- in the operator or exercises de jure or de facto control over the operator.''). Of course, one of the ITV service providers could be the video programming network itself. For example, Oxygen could provide ITV enhancements to its network, but AOLTV might also have an agreement with Oxygen for ITV enhancements. See 47 C.F.R. 76.56 et seq. and 76.970 et seq. Current versions of ITV service, such as the first generation AOLTV service, do not use a high-speed connection. AOLTV now uses a proprietary version of a dial-up connection. WebTV uses a standard dial-up connection, and WorldGate uses the proprietary upstream channel that cable operators have available for pay-per-view ordering. Inquiry Concerning High-Speed Access to the Internet Over Cable
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- its leased access rules in the Second Report and Order and Second Order on Reconsideration of the First Report and Order, 12 FCC Rcd 5267 (1997) ("Second Order"). See also Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). The leased access regulations are codified at 47 C.F.R. 76.970, 76.971, 76.975 and 76.977. See First Report and Order at 5942; 47 C.F.R. 76.971(c) (1995). See Second Order at 5324-26; 47 C.F.R. 76.970 (1997). Second Order at 5326. Jones Application at 5-7. Id. Id. Id. See MacKinnon Affidavit, Exhibit A attached to Jones' Response to Application. Id. Id. See 47 C.F.R. 1.401. Application at 2-3. An application
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- system(s). Services on digital tiers are separate from BST and CPST. Digital tier information was not included in the calculation of the average monthly rates that serve as the focus of this report. Leased access is a channel set aside requirement where cable operators designate channel capacity for commercial use by persons unaffiliated with their system. See 47 CFR 76.970. All variables except for competitive status are in the form of natural logs. The variables measuring household income and non-urban population are from Census Bureau data for the specific area served by those cable operators included in this analysis and can be found in Census CD, GeoLytics, Inc. According to a well-established economic theory related to consumer demand, substitutability of
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- [Reserved]; (iv) Subpart D (carriage of television broadcast signals); (v) Subpart E (equal employment opportunity requirements); (vi) Subpart F (nonduplication protection and syndicated exclusivity); (vi) Subpart G, sections 76.205, 76.206 and 76.209 (political broadcasting); (vii) subpart I (Forms and Reports)(viii) Subpart J (ownership); (ix) Subpart L (cable television access); (x) Subpart N, sections 76.944 (basic cable rate appeals), and sections 76.970, 76.971 and 76.977 (cable leased access rates); (xi) Subpart O (competitive access to cable programming); (xii) Subpart P (competitive availability of navigation devices); (xiii) Subpart Q (regulation of carriage agreements); (xiv) Subpart S (Open Video Systems); and (xv) Subparts T, U and V to the extent related to the matters listed above. * * * * * (15) Identify and
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- regarding the level of distribution within any market that is necessary for TAC or any other network to become viable. TAC has submitted in the cable ownership rulemaking proceeding the same evidence that it submitted here, and we will evaluate in that proceeding the full range of empirical and theoretical evidence available to determine an appropriate limit. 47 C.F.R. 76.970-71, 76.975. 47 C.F.R. 76.970. As stated in Section V supra, there are approximately 94 million total U.S. MVPD subscribers. See supra note 199. See Public Interest Statement at 73 n.184. CWA/IBEW Petition at 14, 16. Id. at 15-16. BTNC Sept. 7, 2005 Ex Parte at 7-8. Letter from David C. Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, Counsel
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- charge the leased access programmer for a full-time channel on that tier. Where the leased access programmer agrees to carriage on a tier with less than 50 percent penetration, the average implicit fee is determined using subscriber revenues and programming costs for only that tier. Second Report and Order, 12 FCC Rcd 5267, 5283 (1997). See also, 47 C.F.R. 76.970. See 47 C.F.R. 76.970 - 76.977. Section 612 is codified at 47 U.S.C 532. See ValueVision, Inc. v. FCC, 149 F.3d 1204 (D.C. Cir. 1998). 47 U.S.C. 532(b)(4). 47 C.F.R. 76.977. 47 C.F.R. 76.971 (d); 47 C.F.R. 76.971 (c). 47 C.F.R. 76.971(c). 47 C.F.R. 76.975(b). 47 C.F.R. 76.970(i)(1). In calculating a system's capacity
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- this case, the Commission stated that it would encourage the parties to prevent a disruption of service. See also Mediacom Communications Corporation v. Sinclair Broadcast Group, Inc., 22 FCC Rcd 284 (MB 2007) at 36-7 3. MediaWeek, Sinclair, Mediacom Strike Retrans Deal, http://www.mediaweek.com/mw/news/recent_display.jsp? vnu_content_id=1003541701 (visited Feb. 20, 2007). 1992 Cable Act, Section 612 (47 U.S.C. 532). 47 C.F.R. 76.970-977. TAC Comments at 9. BTN Comments at 3. Island TV Reply at 1-2. Island TV states that it is concerned that, when its leased access agreement is up for renewal, it may not be renewed and it wants the Commission to take note of this concern. See Letter from Charlie Stogner, CEO StogMedia, to the FCC (Dec. 26, 2006). Mr.
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- the Commission pursuant to the requirements set forth above may be similarly punished under 18 U.S.C. 1621. 47 U.S.C. 614(b), 615(b); 47 C.F.R. 76.56. 47 C.F.R. 76.64(f). 47 C.F.R. 76.56; see also 47 C.F.R. 76.55(c) (definition of a qualified local commercial television station). 47 C.F.R. 76.971. 47 U.S.C. 532(c)(4). 47 C.F.R. 76.970-977. See Adelphia Order. Commenters argued that Comcast's and Time Warner's increased subscribership as a result of the transactions will allow them, either unilaterally or in concert with each other, to determine which programmers survive in the video marketplace. Id. at 8250 100. See also paras. 16 and 20 supra. Id. at 8253-54 109. This condition is in effect
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- leased access channel. It notes that it was placed where there are no channels close to it. Our current leased access channel placement standards provide that programmers be given access to tiers that have subscriber penetration of more than 50 percent. We will not change that requirement, but we will expand on the current requirement relating to capacity in Section 76.970(i) to require cable system operators to provide, in their replies to requests from programmers, the specific number and location and time periods available for each leased access channel. This greater degree of certainty should assist programmers in their evaluations. Explanation of Currently Available and Occupied Leased Access Channels. We require a cable system operator within three business days of a
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- NPRM). The program access attribution standard attributes an entity's stockholdings, whether voting or non-voting, and all partnership interests above 5 percent. The single majority shareholder exemption and insulated limited partner exceptions do not apply. See 1999 Cable Attribution Order, 14 FCC Rcd at 19018 4. The program access attribution rules apply to cable commercial leased access, 47 C.F.R. 76.970; program access, 47 C.F.R. 76.1000; carriage discrimination, 47 C.F.R. 76.1300; open video systems, 47 C.F.R. 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. 76.922(f)(6). The program access attribution standard is not at issue here. See
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- Marlene H. Dortch, Secretary, FCC (Oct. 18, 2007) at 3-5 (``Georgetown Oct. 18, 2007 Ex Parte''); Letter from David R. Siddall, Paul Hastings, Counsel for Georgetown, to Kevin J. Martin, Chairman; Michael Copps, Commissioner; Jonathan Adelstein, Commissioner; Deborah Tate, Commissioner; and Robert McDowell, Commissioner, FCC (Nov. 20, 2007) at 6-7 (``Georgetown Nov. 20, 2007 Ex Parte''). See 47 C.F.R. 76.970-977; see also Communications Act, 612 (47 U.S.C. 532). Letter from Robert L. Pettit, Wiley Rein LLP, Counsel for Sirius, to Kevin J. Martin, Chairman; Michael Copps, Commissioner; Jonathan Adelstein, Commissioner; Deborah Tate, Commissioner; and Robert McDowell, Commissioner, FCC (Nov. 13, 2007), Att. Joint Ex Parte Submission at 11-13 (``Applicants' Nov. 13, 2007 Ex Parte''); Joint Opposition at 100.
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- evaded, as was shown by the Commission's approval of Sinclair's de facto `take it or leave it' bargaining tactics during its 2006 dispute with Mediacom.'') (footnote omitted). We note that the Commission has defined a bona fide request in the context of a programmer's request for leased access on a system of a small cable operator. See 47 C.F.R. 76.970(i)(3). The Commission previously stated its belief ``that voluntary mediation can play an important part in the facilitation of retransmission consent and [we] encourage parties involved in protracted retransmission consent negotiations to pursue mediation on a voluntary basis.'' See Good Faith Order, 15 FCC Rcd at 5477, 74 (also stating that the Commission would revisit the issue of mandatory retransmission
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- not. These rules apply to the following cable rules: horizontal ownership limits, 47 C.F.R. 76.503; and channel occupancy limits, 47 C.F.R. 76.504; cable/SMATV cross-ownership, 47 C.F.R. 76.501(d); cable-telco buyout prohibition 47 C.F.R. 76.505; and the effective competition test 47 C.F.R. 76.905. These rules apply to the following cable rules: commercial leased access, 47 C.F.R. 76.970; program access, 47 C.F.R. 76.1000; carriage discrimination, 47 C.F.R. 76.1300; open video systems, 47 C.F.R. 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. 76.922(f)(6). I would also have allowed for full transferability of the interests
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- in the operator or exercises de jure or de facto control over the operator.''). Of course, one of the ITV service providers could be the video programming network itself. For example, Oxygen could provide ITV enhancements to its network, but AOLTV might also have an agreement with Oxygen for ITV enhancements. See 47 C.F.R. 76.56 et seq. and 76.970 et seq. Current versions of ITV service, such as the first generation AOLTV service, do not use a high-speed connection. AOLTV now uses a proprietary version of a dial-up connection. WebTV uses a standard dial-up connection, and WorldGate uses the proprietary upstream channel that cable operators have available for pay-per-view ordering. Inquiry Concerning High-Speed Access to the Internet Over Cable
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- and resale pursuant to the ԍAmeritech Comments at 13(c)25; Ameritech Reply at 9(c)10; MCI WorldCom Comments at 13; MCI WorldCom or (5) provide capacity to competing ISPs pursuant to MindSpring Reply at 9 (arguing that the leased access rules only apply to video programming). The Commission's commercial leased access rules provide unaffiliated video programmers 532; 47 76.970, 76.971. Cable operators subject to this requirement are to establish reasonable prices, terms, Taking the opposite approach, BellSouth argues that the and, instead, determine that high(c)speed Internet access services offered by incumbent LECs are not covered by the X ԍBellSouth Reply at 12(c)14. Based on their filings, it seems reasonable to expect that Ameritech, GTE, and U
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- forth in Notes 1-5 to 76.501 provided, however, that: (i) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and (ii) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. * * * * * Section 76.970 Commercial Leased Access 8. Section 76.970 is amended by renumbering paragraphs (c) through (h) to read as paragraphs (d) through (i), revising paragraph (b) as follows, and by adding a new paragraph (c): (b) In determining whether an entity is an ``affiliate'' for purposes of commercial leased access, entities are affiliated if either entity has an attributable interest in the
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- Carriage Comments at 5; America's Voice Digital Carriage Comments at 14 (number of competitors will outstrip available channel space); Weather Channel Digital Carriage Comments at 13-15. 1998 Competition Report at para. 152. See Senate Report at 33 (``[L]arge MSOs have the market power to determine what programming services can `make it' on cable.''). 47 C.F.R. 76.504. 47 C.F.R. 76.970 et seq. 47 C.F.R. 76.55 et seq. Second Report and Order at para. 26; Second Order on Reconsideration at para. 42. 47 U.S.C. 628; 47 C.F.R. 76.1000 et seq. See, e.g., In re Motion of AT&T Corp. to be Reclassified as a Non-Dominant Carrier, 11 FCC Rcd 3271 (1995). We also recognize that the courts have generally
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- not. These rules apply to the following cable rules: horizontal ownership limits, 47 C.F.R. 76.503; and channel occupancy limits, 47 C.F.R. 76.504; cable/SMATV cross-ownership, 47 C.F.R. 76.501(d); cable-telco buyout prohibition 47 C.F.R. 76.505; and the effective competition test 47 C.F.R. 76.905. These rules apply to the following cable rules: commercial leased access, 47 C.F.R. 76.970; program access, 47 C.F.R. 76.1000; carriage discrimination, 47 C.F.R. 76.1300; open video systems, 47 C.F.R. 76.1500; asset transfers between a cable operator and affiliate, 47 C.F.R. 76.924(i); and rate pass-throughs for programming services between a cable operator and an affiliated programmer, 47 C.F.R. 76.922(f)(6). I would also have allowed for full transferability of the interests
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- in the operator or exercises de jure or de facto control over the operator.''). Of course, one of the ITV service providers could be the video programming network itself. For example, Oxygen could provide ITV enhancements to its network, but AOLTV might also have an agreement with Oxygen for ITV enhancements. See 47 C.F.R. 76.56 et seq. and 76.970 et seq. Current versions of ITV service, such as the first generation AOLTV service, do not use a high-speed connection. AOLTV now uses a proprietary version of a dial-up connection. WebTV uses a standard dial-up connection, and WorldGate uses the proprietary upstream channel that cable operators have available for pay-per-view ordering. Inquiry Concerning High-Speed Access to the Internet Over Cable
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- how many channels may be carried on each of those tiers. 22. We believe that the information solicited in this section of the form will enable us to assess industry compliance with our rules and to monitor industry trends in various regulated areas. For instance, in Federal Communications Commission FCC 99-13 5347 U.S.C. 532; see also 47 C.F.R. 76.970, 76.971. 54The Commission's 1997 Price Survey provides some information on leased access, but only by sampling rather than on a system-by-system basis. Report on Cable Industry Prices, 12 FCC Rcd 22756 (1997). We believe that the new Form 325 will provide a more complete picture of leased access use in the cable industry. 10 light of the statutory requirements set
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- and resale pursuant to the ԍAmeritech Comments at 13(c)25; Ameritech Reply at 9(c)10; MCI WorldCom Comments at 13; MCI WorldCom or (5) provide capacity to competing ISPs pursuant to MindSpring Reply at 9 (arguing that the leased access rules only apply to video programming). The Commission's commercial leased access rules provide unaffiliated video programmers 532; 47 76.970, 76.971. Cable operators subject to this requirement are to establish reasonable prices, terms, Taking the opposite approach, BellSouth argues that the and, instead, determine that high(c)speed Internet access services offered by incumbent LECs are not covered by the X ԍBellSouth Reply at 12(c)14. Based on their filings, it seems reasonable to expect that Ameritech, GTE, and U
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- forth in Notes 1-5 to 76.501 provided, however, that: (i) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and (ii) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. * * * * * Section 76.970 Commercial Leased Access 8. Section 76.970 is amended by renumbering paragraphs (c) through (h) to read as paragraphs (d) through (i), revising paragraph (b) as follows, and by adding a new paragraph (c): (b) In determining whether an entity is an ``affiliate'' for purposes of commercial leased access, entities are affiliated if either entity has an attributable interest in the
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- Carriage Comments at 5; America's Voice Digital Carriage Comments at 14 (number of competitors will outstrip available channel space); Weather Channel Digital Carriage Comments at 13-15. 1998 Competition Report at para. 152. See Senate Report at 33 (``[L]arge MSOs have the market power to determine what programming services can `make it' on cable.''). 47 C.F.R. 76.504. 47 C.F.R. 76.970 et seq. 47 C.F.R. 76.55 et seq. Second Report and Order at para. 26; Second Order on Reconsideration at para. 42. 47 U.S.C. 628; 47 C.F.R. 76.1000 et seq. See, e.g., In re Motion of AT&T Corp. to be Reclassified as a Non-Dominant Carrier, 11 FCC Rcd 3271 (1995). We also recognize that the courts have generally
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- by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau 47 C.F.R. 76.975. Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Petition at 1. Id. at 2. The Commission's leased access dispute resolution rules do not provide
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- were in error. ordering clauses Accordingly, IT IS ORDERED, pursuant to authority delegated by Section 0.321 of the Commission's rules, that the petition for reconsideration filed by Lorilei Communications, Inc. d/b/a The Firm in File No. 5400-L IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau 14 FCC Rcd 12073 (CSB 1999). See 47 C.F.R. 76.970 and 76.971 (1996). See 47 C.F.R. 1.106(b)(2) & (c). Federal Communications Commission DA 00-286 Federal Communications Commission DA 00-286
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- the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau 47 C.F.R. 76.975. 47 U.S.C. 532. Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Kingwood entered into a Channel Lease Agreement with KCI on April 1, 1999. KCI terminated the
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- percent franchise fee imposed in addition to its charges for leased access service provided to Aamen TV Ministry on its cable system serving the south central area of Los Angeles, California. In Aamen, the Bureau held that franchise fees are accounted for in the calculation of the average implicit fee pursuant to the formula set forth in 47 C.F.R. 76.970(d), noting that franchise fees are included in the operator's monthly total subscriber revenue figure utilized in that formula. discussion and analysis In its reconsideration petition, MediaOne contends that it should be permitted to charge the five percent franchise fee in addition to the leased access channel charge, which is subject to the average implicit fee limitation set forth in the
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- Fal-Comm the rates on January 28, 1999 as soon as they were finalized by its Financial Planning and Analysis Group. Finally, given the exigent circumstances, MediaOne contends that it should not be sanctioned for a short and reasonable delay in providing the 1999 rates to petitioner. 5. Fal-Comm's petition in File No. CSR 5372-L will be denied. Pursuant to Section 76.970(h), cable operators are required to respond to requests for leased access information ``within 15 calendar days of the date on which a request for leased access information is made.'' Fal-Comm does not refute MediaOne's assertion that it forwarded the 1999 leased access rates to petitioner eight days later than required by our rules. While it is clear that MediaOne failed
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- request for leased access information. The record shows that Time Warner provided Kenney with a leased access application and information concerning its leased access policies, procedures, and rates on January 12, 2000. For that reason we will dismiss Kenney's petition. However, Time Warner provided the requested information 85 days after expiration of the 15 calendar day period provided in Section 76.970(h)(1) of the Commission's rules for a cable operator to respond to a potential leased access programmer's request for leased access information. In view of Time Warner's failure to comply with Section 76.970(h)(1), we are considering separately issuing to Time Warner a notice of apparent liability for forfeiture pursuant to Section 503(b) of the Communications Act of 1934, as amended, and
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- of Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau 47 C.F.R. 76.975. Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). Any issue concerning whether InterMedia has breached its contract with UIBN must be resolved in a local court of competent jurisdiction. See InterMedia letter dated June 6, 2000 attached to the Amended Petition. Id. InterMedia deferred suspension of service until July 14, 2000 at the request of Commission staff to
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- of Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau 47 C.F.R. 76.975. Pub. L. No. 98-549, 98 Stat. 2779 (1984). Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). See 47 C.F.R. 76.971(a). Palm Coast's programming guides for November 1, 1999 and January 1, 2000 show pay-per-view and premium channels on each side of Chanel 67, but do not list any Channel 96. See Petition at Exhibit C; Palm Coast Response at Exhibits 1 & 2. Under the
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- Chief, Cable Services Bureau 47 C.F.R. 76.975. Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984). Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). See Section 612(b) of the Communications Act of 1934, as amended, 47 U.S.C. 532(b). 8 FCC Rcd 5631 (1993). See 47 C.F.R. 76.970, 76.971, 76.975 and 76.977 (1995). 12 FCC Rcd 5267 (1997). See also Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration of the First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 16933 (1996). Fal-Comm Petition at 1. Id. Fal-Comm alleges that Mr. Fitzsimmons ``allocated'' the Wednesday timeslot to Ocean
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- 36 or more activated channels are required to comply with these set-aside requirements. 47 U.S.C. 532(b)(4). 47 U.S.C. 532(c)(1). 47 U.S.C. 532(a). House Committee on Energy and Commerce, H.R. Rep. No. 628 at 39, 102d Cong., 2d Sess. 47 U.S.C. 532(c)(4)(A)(i), (ii), (iii). The Commission's rules governing commercial leased access are located at 47 C.F.R. 76.701, 76.970, 76.971, 76.975 and 76.977. The Commission established its initial leased access regulations in Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992 (Rate Regulation), Report and Order and Further Notice of Proposed Rulemaking, 8 FCC Rcd 5631 (1993); these rules were later amended in Order on Reconsideration of the First Report and Order and Further
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- tiers are separate from BST and CPST. Digital tier information was not included in the calculation of the average monthly rates that serve as the focus of this report. See 16 supra. Leased access is a channel set aside requirement where cable operators designate channel capacity for commercial use by persons unaffiliated with their system. See 47 CFR 76.970. All variables except for competitive status are in the form of natural logs. The variables measuring household income and non-urban population are from Census Bureau data for the specific area served by those cable operators included in this analysis and can be found in Census CD, GeoLytics, Inc. According to a well-established economic theory related to consumer demand, substitutability of
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980220.html
- market for must carry purposes. Action by Deputy Bureau Chief. Adopted: February 17, 1998. by MO&O. (DA No. 98-317). CSB Internet URL: [7]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980317.txt STEPHEN H. SMITH. Dismissed complaint for leased access information as moot because TCI Cablevision of Texas, Inc. has provided the information and ruled that cable operators must respond to an oral or written request made under Section 76.970(h), 47 C.F.R. for leased access information within 15 days of the request. Action by Deputy Bureau Chief. Adopted: February 18, 1998. by MO&O. (DA No. 98-319). CSB Internet URL: [8]http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980319.txt TCI CABLEVISION OF EASTERN IOWA. Denied appeal of two related rate orders issued by Iowa City, Iowa. Action by Deputy Bureau Chief. Adopted: February 13, 1998. by MO&O. (DA No.
- http://www.fcc.gov/mb/engineering/76print.html
- Information to be provided by cable operator on monthly subscriber bills. [122]76.953 Limitation on filing a complaint. [123]76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. [124]76.955 Additional opportunity to file corrected complaint. [125]76.956 Cable operator response. [126]76.957 Commission adjudication of the complaint. [127]76.960 Prospective rate reductions. [128]76.961 Refunds. [129]76.962 Implementation and certification of compliance. [130]76.963 Forfeiture. [131]76.970 Commercial leased access rates. [132]76.971 Commercial leased access terms and conditions. [133]76.975 Commercial leased access dispute resolution. [134]76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. [135]76.980 Charges for customer changes. [136]76.981 Negative option billing. [137]76.982 Continuation of rate agreements. [138]76.983 Discrimination. [139]76.984 Geographically uniform rate structure. [140]76.985 Subscriber bill itemization. [141]76.986 "A la carte"
- http://www.fcc.gov/mb/engineering/part76.pdf
- bills. 76.953 Limitation on filing a complaint. 76.954 Initial review of complaint; minimum showing requirement; dismissal of defective complaints. 76.955 Additional opportunity to file corrected complaint. 76.956 Cable operator response. 76.957 Commission adjudication of the complaint. 76.960 Prospective rate reductions. 76.961 Refunds. 76.962 Implementation and certification of compliance. 76.963 Forfeiture. 76.970 Commercial leased access rates. 76.971 Commercial leased access terms and conditions. 76.972 Customer service standards. 76.975 Commercial leased access dispute resolution. 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. 76.978 Leased access annual reporting requirement. 76.980 Charges for customer changes. 76.981 Negative option billing. 76.982 Continuation