FCC Web Documents citing 76.971

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1338A1.doc
  • 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). Section 76.970(h)(1) requires a cable operator to provide certain information regarding its leased access channels within 15 calendar days of receipt of a written request from a prospective leased access programmer. See 47 C.F.R. � 76.970(h)(1). 47 C.F.R � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 00-1338 Federal
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  • 10, 1999 on respondent's Birmingham, Michigan system. Fal-Comm submitted the request pursuant to a Channel Lease Agreement with MediaOne. Fal-Comm contends that respondent failed to respond to its written request as of February 8, 1999 and that the failure to respond constitutes non-compliance with the provisions of the Channel Lease Agreement governing channel placement and time slots and with Section 76.971(a)(3) of the Commission's rules. Furthermore, Fal-Comm contends that this and other violations have increased Fal-Comm's operation costs, damaged its credibility, customer relations, and ability to solicit customers in the affected viewing area. Accordingly, Fal-Comm requests that the Commission impose fines, penalties, or administrative action on MediaOne. MediaOne contends that the petition should be dismissed in light of its full compliance
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  • programming and that Aamen's account would be credited $212.53 for the leased access charges applicable to the programming scheduled for May 2, 1999 but not aired. The circumstances related to Aamen's programming not being aired on May 2, 1999 are not discussed on the record. As such, we do not have the information necessary to establish a violation of Section 76.971 of the Commission's rules. MediaOne further stated that it did not owe Aamen $800 for taping and editing and $900 for commercials. Although MediaOne's representations concerning the liability limits of the contract are not disputed, Aamen claims it had no alternative but to sign an allegedly unfair contract. We reject Aamen's argument. A mere allegation that a liability limiting provision
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  • of: Falcomm Communications v. Comcast Communications, Inc. ) ) ) ) ) ) ) ) ) CSR 5574-L Adopted: November 6, 2000 Released: November 9, 2000 By the Deputy Chief, Cable Services Bureau: INTRODUCTION Falcomm Communications (``Falcomm''), Novi, Michigan, has filed a petition pursuant to Section 76.975(b) of the Commission's rules, alleging that Comcast Communications, Inc. (``Comcast'') has violated Section 76.971(c) of the Commission's rules regarding commercial leased access terms and conditions. Comcast filed a reply to the petition. BACKGROUND The Cable Communications Policy Act of 1984 imposed on cable operators a commercial leased access requirement designed to assure access to cable systems by unaffiliated third parties who have a desire to distribute video programming free of the editorial control of
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  • 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). 47 C.F.R. � 76.970(h). 47 U.S.C � 503(b); 47 C.F.R �� 1.80 & 76.975(f). 47 C.F.R � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 01-1964 Federal Communications Commission DA 01-1964 � @& �0� �0� �0� �0� �0� �0� ��� � � 8 ! 8
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  • 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 Time
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  • the Vineland and Pleasantville systems. Engle is the licensee of low power television station WPSJ-LP serving four communities in southern New Jersey. Comcast received the programming of WPSJ-LP off-air at the towers serving the Vineland and Pleasantville systems until recently when Engle commenced delivering programming to the Pleasantville system via microwave. Engle alleges that Comcast is in violation of Section 76.971(c) of the Commission's rules by not providing for the transmission of Engle's leased access programming on the fiber ring from the Vineland headend to the Pleasantville headend. Engle contends that since Comcast is utilizing the fiber ring to provide non-leased access programming on the Vineland and Pleasantville cable systems, it is required by the technical support requirement of Section 76.971(c)
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  • Commission rules. FEDERAL COMMUNICATIONS COMMISION 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). Response at 1-2 and Exhibit 3. 47 C.F.R. � 0.321. (continued....) Federal Communications Commission DA 01-2473 Federal
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  • Commission rules. FEDERAL COMMUNICATIONS COMMISION 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). Petition at 2 & Attachments. See 47 U.S.C. � 532(b). A cable operator is required to provide
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  • Accordingly, we direct CSC to initiate the procedures for resolving usage rate disputes set forth in the Commission's rules with respect to the leased access usage charges offered to Petitioners. Videotape Insertion Fees Petitioners assert that a tape insertion fee of $25 for every two-hour time block of channel usage imposed by CSC exceeds actual cost in violation of Section 76.971 of the Commission's rules. Petitioners assert that, although they propose to present programming 24 hours per day, CSC applies the $25 insertion fee every two hours because tapes can be played only in two hour time blocks. Petitioners state that CSC's leased access usage rates result in a cost of approximately $18.13 for each of 110 half-hour time slots in
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  • or administrative action on MediaOne for violations of the Commissions rules. In its response, MediaOne states that it executed a Channel Lease Agreement with Fal-Comm governing the terms and conditions upon which Fal-Comm's programming would be aired on MediaOne's systems. MediaOne asserts that the petition should be dismissed because it fully complied with the Channel Lease Agreement and with Section 76.971(c). Pursuant to Section 76.971(c), cable operators are required to provide unaffiliated leased access users the minimal level of technical support necessary for users to present their material on the air, and may not unreasonably refuse to cooperate with a leased access user in order to prevent that user from obtaining channel capacity. Section 20(a) of the parties Channel Lease Agreement
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  • ) ) ) ) ) ) ) ) ) CSR-5589-L Adopted: March 20, 2001 Released: March 22, 2001 By the Deputy Chief, Cable Services Bureau: INTRODUCTION Falcomm Communications (``Falcomm''), Novi, Michigan, has filed a petition pursuant to Section 76.975(b) of the Commission's rules, alleging that MediaOne of Southeast Michigan, Inc. (``MediaOne'') serving Dearborn Heights and Westland, Michigan has violated Section 76.971(c) of the Commission's rules regarding commercial leased access terms and conditions. MediaOne filed a response to the petition. BACKGROUND The Cable Communications Policy Act of 1984 imposed on cable operators a commercial leased access requirement designed to assure access to cable systems by unaffiliated third parties who have a desire to distribute video programming free of the editorial control of
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  • 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 2.
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  • such programming is often produced by third parties, Time Warner states that the programming is selected, packaged and programmed on the channel by itself to meet those franchise requirements. Time Warner contends that it is the programmer of this local origination programming, and argues that the programming is not obtained from a ``non-leased access programmer'' within the meaning of Section 76.971(c) of the rules. Time Warner asserts that it would make no sense to charge itself technical assistance fees for services it provides to itself as a programmer, and that any comparison with the requirement for technical assistance fees is irrelevant. In clarifying the matter of technical support required for leased access services, the Commission has stated that ``[c]able operators may
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  • 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" offerings. 76.987 New product tiers.
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  • established by the Cable Communications Policy Act of 1984 (``1984 Cable Act''), and amended by the Cable Television Consumer Protection and Competition Act of 1992 (``1992 Cable Act''). Pursuant to this legislation, the Commission adopted rules for leased access addressing maximum reasonable rates, reasonable terms and conditions of use, minority and educational programming, and dispute resolution procedures. In particular, Section 76.971(c) of those rules requires cable operators to provide leased access programmers with ``the minimal level of technical support necessary for users to present their material'' and further provides that they ``may not unreasonably refuse to cooperate with a leased access user in order to prevent that user from obtaining channel capacity.'' The rules also require that leased access programmers, like
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  • calls for clarification and information; and failed to provide a response to United's leased access request. Although United received an application from Mediacom for leased access on March 4, 2004, the information received was untimely, incomplete, and failed to answer United's leased access related questions. We find, therefore, that Mediacom failed to provide leased access to United pursuant to Section 76.971. We also find that Mediacom has failed to comply with the provisions of Section 76.970(i)(1). We will order Mediacom to supply the information set out in this rule provision. We caution Mediacom that future violations of this nature may subject it to monetary forfeiture. United previously has asserted that the high cost of insurance required by a cable operator prevented
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  • 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 to open video system certification applicants,
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  • for access to the cable system headend and shall refund to Real Estate TV, Inc. all monies collected thus far, if any, for the purpose of such attachment. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Deputy Chief, Policy Division, Media Bureau See 47 C.F.R. �� 76.970, 76.971 & 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
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  • 76.975(b) of the Commission's rules, alleging that Time Warner Cable Inc. (``Time Warner'') has violated the Commission's leased access rules by charging fees for technical support for StogMedia's programming provided on video tape for broadcast on Time Warner's Los Angeles cable systems. In particular, StogMedia contends that Time Warner's charges for leased access programming provided by video tape violate Section 76.971(c) of the Commission's rules, which bars cable operators from imposing fees on leased access programmers for the same kind of technical support that they provide to non-leased access programmers. StogMedia requests that the Commission direct Time Warner to provide technical support related to tape insertion at no charge, and to refund past payments. On December 4, 2008, Time Warner filed
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  • Commission's rules alleging that Cable One, Inc. (``Cable One'') has violated the Commission's leased access rules by charging fees for broadband transport used to deliver StogMedia's IPTV programming from StogMedia's servers to Cable One's system headends in Biloxi and Long Beach, Mississippi. In particular, StogMedia contends that Cable One's failure to transport its IPTV signal at no charge violates Section 76.971(c) of the Commission's rules, which bars cable operators from imposing on leased access programmers fees for the same kind of technical support that they provide to non-leased access programmers. StogMedia requests that the Commission direct Cable One to provide broadband transport for its IPTV signal at no charge, and to refund past payments. On April 23, 2008, Cable One filed
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  • on the Armstrong system. The parties appear to have largely reached resolution on the terms of the leased access contract, except that StogMedia proposes to deliver its programming via the internet. Armstrong does not currently receive any other programming via the internet, and insists that StogMedia use one of the programming delivery methods currently in use on the system. Section 76.971(c) of the Commission's Rules requires that cable operators provide the ``minimal level of technical support'' necessary for leased access programmers to actually deliver their programming to subscribers, and the parties dispute the meaning of this requirement. In correspondence supplied by Armstrong, StogMedia ultimately states that ``[i]f Armstrong wants to deny us this [IP delivery] option...I suggest they officially do so
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254432A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-254432A1.txt
  • 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 to
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  • 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 for
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  • (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 analyze
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  • 2779 (1984), 47 U.S.C. � 521 et seq. Communications Act �� 612(a), 612(b)(1), 47 U.S.C. �� 532(a), 532(b)(1). Communications Act � 612(c)(4)(A )(i), (ii), (iii), 47 U.S.C. � 532(c)(4)(A)(i), (ii), (iii). 47 U.S.C. � 532(c)(1). Upon request, cable operators generally must place leased access programmers on a tier that has subscriber penetration of more than 50 percent. 47 C.F.R. � 76.971(a)(1). To determine the average implicit fee for a full-time channel on a tier with a subscriber penetration over 50 percent, an operator first calculates the total amount it receives in subscriber revenue per month for the programming on all such tiers, and then subtracts the total amount it pays in programming costs per month for such tiers (the ``total implicit
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  • also emphasize that any false information provided to the Commission pursuant to the requirements set forth above may be similarly punished under 18 U.S.C. � 1621. 47 U.S.C. �� 614(b), 615(b); 47 C.F.R. � 76.56. 47 C.F.R. � 76.64(f). 47 C.F.R. � 76.56; see also 47 C.F.R. � 76.55(c) (definition of a qualified local commercial television station). 47 C.F.R. � 76.971. 47 U.S.C. � 532(c)(4). 47 C.F.R. �� 76.970-977. See Adelphia Order. Commenters argued that Comcast's and Time Warner's increased subscribership as a result of the transactions will allow them, either unilaterally or in concert with each other, to determine which programmers survive in the video marketplace. Id. at 8250 � 100. See also paras. 16 and 20 supra. Id. at
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  • paragraph (i) to read as follows: � 76.975 Commercial leased access dispute resolution. * * * (b) Any person aggrieved by the failure or refusal of a cable operator to make commercial channel capacity available or to charge rates for such capacity in accordance with the provisions of Title VI of the Communications Act, or our implementing regulations, �� 76.970, 76.971, and 76.972 may file a petition for relief with the Commission. (c) A petition must contain a concise statement of the facts constituting a violation of the statute or the Commission's Rules, the specific statute(s) or rule(s) violated, and certify that the petition was served on the cable operator. (d) The petition must be filed within 60 days of the
• http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.doc http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.txt http://transition.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.wp
  • 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 S
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99013.pdf
  • 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 forth
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.doc http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.txt http://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99024.wp
  • 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 S
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000133.doc
  • 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 for
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000286.doc
  • to be fully supported by substantial evidence of record. The findings and conclusions of the Bureau Order are based on that analysis and are fully consistent with the Commission's regulation relating to commercial leased access services. We also find the Bureau Order's conclusion that TCI's $20 per hour VCR fee is reasonably related to costs to be consistent with Section 76.971 of the Commission's rules. The Firm's petition for reconsideration presents no new factual information or other evidentiary matter not previously raised. Rather than presenting factual information not previously considered, the petition merely presents arguments which manifest The Firm's disagreement with the findings and conclusions of the Bureau Order based on the factual record previously considered. Those arguments, which are not
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da000879.doc
  • revenue. Kingwood further alleges that immediately following the unexplained distribution interruptions and failures, KCI's agents and employees contacted and solicited advertisers and sponsors of its programming to place advertising with KCI. Kingwood argues that in pursuing its advertisers and sponsors, KCI acted in bad faith and in an unreasonable manner by engaging in predatory business practices in violation of Section 76.971 of the Commission's rules. Finally Kingwood alleges that KCI doubled the monthly lease rate for October 1999 and that these ``acts and omissions are not merely coincidental and are part of a concerted effort by [KCI] to drive [Kingwood] out of business.'' Kingwood seeks relief in the form of repayment for all amounts collected by KCI for the times its
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001082.doc
  • 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; see 47 C.F.R. �76.970(h). Petition at 1. Id. at 1-2.
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001153.doc
  • 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). 47 C.F.R. � 76.970(h)(1). In fact, Time Warner's response was not provided until after Kenney filed the instant petition for relief with the Commission. 47 U.S.C � 503(b); 47 C.F.R �� 1.80 & 76.975(f). 47 C.F.R � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 00-1153 Federal Communications Commission DA 00-1153 ! " �
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001568.doc
  • 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 provide
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001737.doc
  • 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 Commission's
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002237.doc
  • liability insurance coverage for leased access programming confirmed). See Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Second Report and Order and Second Order on Reconsideration of the First Report and Order, 12 FCC Rcd 5267, 5324 (1997) (Second Report). Id. Id. See Second Report, 12 FCC Rcd at 5324 and Appendix D, Revised Rules, Section 76.971(d). 47 C.F.R � 0.321. (...continued from previous page) (continued...) Federal Communications Commission DA 00-2237 Federal Communications Commission DA 00-2237 � � �@��� � � � @& tm
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002437.doc
  • Fal-Comm's schedule and in December 1998 allocated the Wednesday, 11:00PM-11:30PM time slot to Ocean Communications. Fal-Comm maintains that MediaOne allocated the time slot in favor of Ocean Communications because it is a much larger programmer and purchased a larger block of commercial leased access time (i.e., 11:00PM-1:00AM from Sunday through Saturday). Fal-Comm alleges that MediaOne failed to adhere to Section 76.971(a)(2) commercial leased access terms and conditions. Accordingly, Fal-Comm requests that the Commission impose sanctions and/or forfeitures on MediaOne. MediaOne contends that the petition should be dismissed in light of its full compliance with Section 76.971(a)(2) and the Channel Lease Agreement. MediaOne states that Schedule A of the Channel Lease Agreement, which sets forth the guidelines for channel placement, allows for
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00037.doc
  • 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 Notice
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd001031.html
  • by Associate Chief, Accounting Policy Division, Common Carrier Bureau. Adopted: October 30, 2000. by Order. (DA No. 00-2445). CCB Internet URL: [10]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002445.doc FRANK J. VITALE D/B/A FAL-COMM COMMUNICATIONS V. MEDIAONE OF METROPOLITAN DETROIT, INC. Denied the commercial leased access petition filed by Frank J. Vitale d/b/a Fal-Comm Communications claiming that MediaOne of Metropolitan Detroit, Inc., failed to adhere to Section 76.971(a)(2) commercial leased access terms and conditions. Action by Chief, Cable Services Bureau. Adopted: October 26, 2000. by MO&O. (DA No. 00-2437). CSB Internet URL: [11]http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002437.doc TELESERVICES INDUSTRY ASSOCIATION V. AT&T CORP. Dismissed complaint filed by Teleservices Industry Association. Action by Chief, Enforcement Bureau. Adopted: October 30, 2000. by MO&O. (DA No. 00-2449). ENF Internet URL: [12]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002449.doc ADDENDA: The following items,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd011002.html
  • ON NEW ENGLAND AREA (REGION 19) PUBLIC SAFETY PLAN AMENDMENT. (DA No. 01-2191). (Dkt No 90-53). Comments Due: 11/01/2001. Reply Comments Due: 11/16/2001. WTB. Contact: Joy Alford at (202) 418-0694, TTY: (202) 418-7233 [20]DA-01-2191A1.doc [21]DA-01-2191A1.pdf [22]DA-01-2191A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- ENGLE BROADCASTING (ENGLE) V. COMCAST OF SOUTHERN NEW JERSEY, INC. (COMCAST). Denied petition of Engle alleging violations of Section 76.971(c) by Comcast, and requested forfeitures. Action by: Deputy Chief, Cable Services Bureau. Adopted: 09/21/2001 by MO&O. (DA No. 01-2274). CSB [23]DA-01-2274A1.doc [24]DA-01-2274A1.pdf [25]DA-01-2274A1.txt METROCALL, INC. V. SOUTHWESTERN BELL TELEPHONE COMPANY AND PACIFIC BELL TELEPHONE COMPANY. Denied Metrocall, Inc's amended supplemental complaint for damages against Pacific Bell Telephone Company and Southwestern Bell Telephone Company. Action by: theCommission. Adopted: 09/02/2001 by MO&O.
• http://www.fcc.gov/mb/engineering/76print.html
  • 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" offerings. [142]76.987 New product tiers.
• http://www.fcc.gov/mb/engineering/part76.pdf
  • 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 of rate agreements. � 76.983 Discrimination.
• http://www.fcc.gov/transaction/att-comcast/comcast_appli022802.pdf
  • have the ability to deny carriage on the cable systems that it owns and operates because programmers can obtain carriage on cable systems under leased access regulations or by striking carriage deals with broadcast TV networks who, in turn, have carriage rights under "must carry" and retransmission consent regulations. See 47 U.S.C. �� 532, 534; 47 C.F.R. �� 76. 970, 76.971 (leased access); 76.56, 76.57 (must carry); and 76.64 (retransmission consent). AT&T Comcast similarly will not have the market power to control the price of its programming, another requirement for a successful distribution foreclosure strategy. Without the market power over the price of programming, foreclosure would just cause losses (from subscribers lost by the refusal to carry valuable programming) without any