FCC Web Documents citing 76.981

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-784A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-784A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-784A1.txt
  • and that the Commission should find that the Towns' rejection of its home wiring maintenance charge was improper. The Towns assert that Community started charging this new home wiring maintenance charge without receiving advance authorization to do so from any subscribers. Although Community states that it has a right to charge home wiring maintenance costs, the Towns argue that Section 76.981 of the Commission's rules provides that subscribers must affirmatively request any services and/or equipment and that subscribers in the Towns have not affirmatively requested the home wiring maintenance charge nor have they been afforded a choice on whether or not they wanted such a wiring plan. The Towns point out that unlike the Comcast Cablevision case, which Community uses for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • 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. 76.990 Small cable operators. SUBPART O -- COMPETITIVE ACCESS TO CABLE PROGRAMMING Brief Description: These rules prescribe regulations that govern the access by competing multichannel video programming distributors to satellite cable and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2013A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2013A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-2013A1.txt
  • 10-215 Comment Date: November 9, 2010 Reply Comment Date: November 19, 2010 Time Warner Cable Inc. (``TWC'') has filed a petition requesting that the Commission issue a declaratory ruling providing guidance on the obligations of cable operators and the proper interpretation of the prohibition on negative option billing contained in Section 623(f) of the Communications Act, and implemented in Section 76.981 of the Commission's Rules. Section 623(f) states that ``a cable operator shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested by name'' and is designed to prevent consumers from being billed for cable services or equipment they never ordered. TWC is the defendant in a putative class action lawsuit pending in state
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-391A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-391A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-391A1.txt
  • February 28, 2011 Released: March 1, 2011 By the Chief, Media Bureau: introduction In this Declaratory Ruling, we consider a Petition for Declaratory Ruling (``Petition'') filed by Time Warner Cable Inc. (``TWC'') seeking guidance on the prohibition of negative option billing by cable operators contained in Section 623(f) of the Communications Act of 1934, as amended (``the Act''), and Section 76.981 of the Commission's Rules. After review of the record, we issue this declaratory ruling to clarify that Section 623(f) is satisfied if, during the exchange of information between the cable operator and the consumer regarding cable services, equipment, and prices, the consumer, by affirmative statements or actions, knowingly accepts the offered services and equipment. We conclude that neither the statute
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-314A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-314A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-314A1.txt
  • comply with the public file requirements in connection with such waiver. 5. Section 76.1510 is revised to read as follows: § 76.1510 Application of certain Title VI provisions The following sections within Part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video systems. 6. Section 76.1700 is amended by removing the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-212A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-212A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-212A1.txt
  • and (2) unbundled charges for its programming guide magazine. Omnicom moved to dismiss Greenberg's complaint on several grounds, including federal preemption of state law. Omnicom independently submitted a ``Request for Clarification'' to the Bureau seeking confirmation that the operator's unbundling of its in-home wiring maintenance and cable guide magazine charges complied with Section 623(f) of the Communications Act and Section 76.981 of the Commission's rules and that ``insofar as Illinois law would have required Omnicom to seek affirmative subscriber consent to accomplish the . . . restructurings . . . Illinois law is inconsistent with federal regulation and is preempted thereby.'' The Bureau opined that Omnicom's unbundling of charges was permitted by federal law and regulations and that Illinois state law
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-37A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-37A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-37A1.txt
  • 8. Section 76.1510 is revised to include Section 76.611 as part of the requirements and should read as follows: § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); § 76.611 (signal leakage restrictions); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video systems. PART 78 -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-75A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-75A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-75A1.txt
  • is revised to include Sections 76.611, 76.1803 and 76.1804 as part of the requirements and should read as follows: § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); § 76.611 (signal leakage restrictions); § 76.1803 and 76.1804 (signal leakage monitoring and aeronautical frequency notifications); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber
• http://www.fcc.gov/mb/engineering/76print.html
  • 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. [143]76.990 Small cable operators. Subpart O -- Competitive Access to Cable Programming [144]76.1000 Definitions. [145]76.1001 Unfair practices generally. [146]76.1002 Specific unfair practices prohibited. [147]76.1003 Program access proceedings. [148]76.1004 Applicability of program access
• http://www.fcc.gov/mb/engineering/part76.pdf
  • 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. § 76.984 Geographically uniform rate structure. § 76.985 Subscriber bill itemization. § 76.986 "A la carte" offerings. § 76.987 New product tiers. § 76.990 Small cable operators. Subpart O-Competitive Access to Cable Programming § 76.1000 Definitions. § 76.1001 Unfair practices generally. § 76.1002 Specific unfair practices prohibited. §