TCR Sports Broadcasting Holding, L.L.P., Complainant v. Comcast Corporation, Defendant, 47222-47223 [E6-13484]
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Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Notices
essential to process the requests in a
timely manner. Furthermore, the Efiling module expedites the Commission
staff’s announcement of surrenders of
authorizations via Public Notice.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6–13475 Filed 8–15–06; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Submitted for
Review to the Office of Management
and Budget
jlentini on PROD1PC65 with NOTICES
August 10, 2006.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, Public Law 104–13.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before September 15,
2006. If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all Paperwork
Reduction Act (PRA) comments to
Judith B. Herman, Federal
Communications Commission, Room 1–
B441, 445 12th Street, SW., DC 20554 or
via the Internet to PRA@fcc.gov. If you
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would like to obtain or view a copy of
this information collection, you may do
so by visiting the FCC PRA Web page at:
https://www.fcc.gov/omd/pra.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), send an e-mail
to PRA@fcc.gov or contact Judith B.
Herman at 202–418–0214.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060–XXXX.
Title: Licensing, Operation, and
Transition of the 2500–26990 MHz
Band.
Form No.: N/A.
Type of Review: New collection.
Respondents: Business or other forprofit, not-for-profit institutions, and
state, local or tribal government.
Number of Respondents: 2,500
respondents; 5,000 responses.
Estimated Time Per Response: .25–5
hours.
Frequency of Response: On occasion
and one-time reporting requirements,
recordkeeping requirement, and third
party disclosure requirement.
Total Annual Burden: 8,335 hours.
Total Annual Cost: $273,334.
Privacy Act Impact Assessment: N/A.
Needs and Uses: This collection will
be submitted as a new collection after
this 30 day comment period to Office of
Management and Budget (OMB) in order
to obtain the full three year clearance.
New Broadband Radio Service (BRS)
and Educational Broadband Service
(EBS) band plan transitions take place
in Basic Trading Areas (BTAs), which
will provide both incumbent licensees
and potential new entrants in the 2495–
2690 MHz band with greatly enhanced
flexibility to encourage the efficient and
effective use of spectrum domestically
and internationally and the growth and
rapid development of innovative and
efficient communications technologies
and services.
The information collection
requirements are contained in the
following rule sections: 1) the pretransition data request (47 CFR
27.1231(e)); 2) the transition notice (47
CFR 27.1231(e)); 3) the Initiation Plan
(47 CFR 27.1231(f)); and 4) the posttransition notification (47 CFR 27.1235).
The Pre-transition data request will be
collected by a third-party proponent
(proponent) to assist in the transitioning
the 2500–2690 MHz band. The
proponent may use a variety of
methods, including a computerized
database. The proponent will send the
transition notice to all BRS and EBS
licensees in the BTA that the proponent
is transitioning. The FCC will collect the
Initiation Plan and the Post-transition
Notification from the proponent to
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enable the FCC to assess when
transitions have begun and when they
have ended. The FCC will use our
electronic comment and filing system
(ECFS) database to collect this
information from the proponents.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E6–13478 Filed 8–15–06; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No 06–148; FCC 06–111]
TCR Sports Broadcasting Holding,
L.L.P., Complainant v. Comcast
Corporation, Defendant
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: This document designates the
program carriage complaint of TCR
Sports Broadcasting Holding, L.L.P.,
against Comcast Corporation for an
evidentiary hearing to resolve the
factual disputes with respect to its
claims and return a recommended
decision and a recommended remedy, if
necessary, to the Commission within 45
days of the stay of this Order being
lifted.
Please file documents with
the Investigations and Hearings
Division, Enforcement Bureau, Federal
Communications Commission, Room 3B443, 445 12th Street, SW., Washington,
DC 20554.
FOR FURTHER INFORMATION CONTACT:
Robert Ratcliffe, Deputy Bureau Chief,
Enforcement Bureau at (202) 418–7450.
SUPPLEMENTARY INFORMATION: This is a
summary of the Memorandum Opinion
and Hearing Designation Order, FCC
06–111, released July 31, 2006. The full
text of the Hearing Designation Order is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center,
Room CY–A257, 445 12th Street, SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. To request materials in
accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
ADDRESSES:
E:\FR\FM\16AUN1.SGM
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jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Notices
Synopsis of the Order
1. TCR Sports Broadcasting Holding,
L.L.P. (‘‘TCR’’) is a regional sports
network (‘‘RSN’’), controlled by the
Baltimore Orioles, that owns the
underlying rights to produce and exhibit
Orioles games. In March 2005, an
agreement was reached among Major
League Baseball, TCR, the Montreal
Expos (now the Washington Nationals),
and the Orioles that provided that TCR
would ‘‘have the sole and exclusive
right to present any and all of the
Nationals’ and Orioles’ baseball games
not otherwise retained or reserved by
Major League Baseball’s national rights
agreements. * * *’’ For purposes of
exercising these rights with respect to
the Orioles and Nationals, TCR created
and does business as Mid-Atlantic
Sports Network (‘‘MASN’’). Comcast
Corporation (‘‘Comcast’’) is an MVPD
that serves numerous communities in
the Washington, D.C. metropolitan area.
2. On June 14, 2005, TCR filed a
program carriage complaint alleging that
Comcast violated 47 CFR 76.1301(a) by
demanding a financial interest in MASN
and 47 CFR 76.1301(c) by
discriminating against TCR’s
programming in favor of Comcast’s own
programming. After reviewing the
pleadings and supporting
documentation filed by the parties, the
Commission finds that TCR has
established a prima facie case for both
its claims. The Commission also finds
that the pleadings and supporting
documentation present several factual
disputes, such that we are unable to
determine on the basis of the existing
record whether we can grant relief based
on the claims. Accordingly,
commencing concurrently with the
Alternative Dispute Resolution (‘‘ADR’’)
election process discussed below, we
direct an Administrative Law Judge to
hold a hearing, issue a recommended
decision on the facts underlying the
discrimination claim and a
recommended remedy, if necessary, and
then return the matter to the
Commission within 45 days.
3. Pursuant to 47 CFR 76.7(g)(2) of the
Commission’s rules, TCR and Comcast
will have ten days following the lifting
of the stay of this Order to elect to
resolve this dispute through ADR. Each
party will notify the Commission, in
writing, of its election within 10 days of
release of this Order and, in the event
that ADR is chosen, will update the
Commission monthly on the status of
the ADR process. If the parties elect to
resolve the dispute through ADR, the
45-day period for review by an
Administrative Law Judge will be tolled.
In the event that the parties fail to reach
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20:24 Aug 15, 2006
Jkt 208001
a settlement through the ADR process,
the parties shall promptly notify the
Commission in writing, and the 45-day
period will resume upon receipt of such
notification.
4. Upon receipt of the Administrative
Law Judge’s recommended decision and
remedy, the Commission will make the
requisite legal determinations as to
whether Comcast has demanded a
financial interest in TCR’s programming
in exchange for carriage in violation of
47 CFR 76.1302(a) or has discriminated
against TCR’s programming in favor of
Comcast’s own programming, with the
effect of unreasonably restraining TCR’s
ability to compete fairly in violation of
47 CFR 76.1302(c). If necessary, the
Commission will then decide upon
appropriate remedies. The Commission
will issue its decision not more than 60
days after receipt of the Administrative
Law Judge’s recommendations, which
may be extended by the Commission for
one period of 60 days.
5. We note that the Commission
recently approved a series of license
assignments and/or transfers of control
by Adelphia Communications
Corporation, Time Warner Cable and
Comcast. The Commission imposed
remedial conditions including a
commercial arbitration condition as an
alternative for RSNs unaffiliated with
any MVPD to the program carriage
complaint procedures. An unaffiliated
RSN that has been denied carriage by
Comcast may submit its carriage claim
to arbitration within 30 days after the
denial of carriage or within ten days
after the release of the Adelphia Order.
On our own motion, we stay this Order
pending TCR’s decision whether to
pursue the arbitration option afforded it
in the Adelphia Order. In the event TCR
declines to pursue arbitration under the
conditions established in the Adelphia
Order, the stay will be lifted
automatically without further action by
the Commission.
6. Accordingly, it is ordered, that TCR
Sports Broadcasting Holding, L.L.P.’s
Complaint against Comcast Corporation
is designated for hearing at a date and
place to be specified in a subsequent
order by an Administrative Law Judge.
7. It is further ordered, that pursuant
to Section 616 of the Communications
Act of 1934, as amended, 47 U.S.C. 536,
and 47 CFR 76.1300 through 1302, TCR
Sports Broadcasting Holding, L.L.P. and
Comcast Corporation submit to the
Commission, in writing within ten days
of the stay of this Order being lifted,
their respective elections as to whether
each wishes to proceed to Alternative
Dispute Resolution and, in the event
that Alternative Dispute Resolution is
chosen, will monthly update the
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47223
Commission on the status of that
process.
8. It is further ordered, that the
Administrative Law Judge, within 45
days of the lifting of the stay of this
Order, will make and return to the
Commission a recommended decision
on the following factual questions:
(1) Did Comcast Corporation demand
a financial interest in the programming
of TCR Sports Broadcasting Holding,
L.L.P. in exchange for carriage of such
programming?
(2) Did Comcast Corporation
discriminate against TCR Sports
Broadcasting Holding, L.L.P.’s
programming in favor of Comcast
Corporation’s own programming?
9. It is further ordered, that the
Administrative Law Judge, within 45
days of the lifting of the stay of this
Order, will return to the Commission a
recommended remedy, if necessary.
10. It is further ordered, that if the
parties elect Alternative Dispute
Resolution, the period for
Administrative Law Judge review shall
be tolled, until such time as the parties
notify the Commission that they have
failed to reach a settlement through
Alternative Dispute Resolution.
11. It is further ordered, that this
hearing will be governed by the rules of
practice and procedure pertaining to the
Commission’s Hearing Proceedings, 47
CFR 1.201 through 1.364, subject to the
Administrative Law Judge’s discretion
to regulate the hearing.
12. It is further ordered, that all
Discovery shall be conducted in
accordance with 47 CFR 1.311 through
1.325, subject to the Administrative Law
Judge’s discretion.
13. It is further ordered, that the Chief,
Enforcement Bureau will be a party to
the proceeding and will determine its
level of participation.
14. It is further ordered, that the
Secretary of the Commission shall cause
to have this Order published in the
Federal Register.
15. It is further ordered, that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send copies of
this Order to all parties by certified
mail, return receipt requested.
Federal Communications Commission
Marlene H. Dortch,
Secretary.
[FR Doc. E6–13484 Filed 8–15–06; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\16AUN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Notices]
[Pages 47222-47223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13484]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No 06-148; FCC 06-111]
TCR Sports Broadcasting Holding, L.L.P., Complainant v. Comcast
Corporation, Defendant
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document designates the program carriage complaint of TCR
Sports Broadcasting Holding, L.L.P., against Comcast Corporation for an
evidentiary hearing to resolve the factual disputes with respect to its
claims and return a recommended decision and a recommended remedy, if
necessary, to the Commission within 45 days of the stay of this Order
being lifted.
ADDRESSES: Please file documents with the Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, Room
3-B443, 445 12th Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Robert Ratcliffe, Deputy Bureau Chief,
Enforcement Bureau at (202) 418-7450.
SUPPLEMENTARY INFORMATION: This is a summary of the Memorandum Opinion
and Hearing Designation Order, FCC 06-111, released July 31, 2006. The
full text of the Hearing Designation Order is available for inspection
and copying during normal business hours in the FCC Reference
Information Center, Room CY-A257, 445 12th Street, SW., Washington, DC
20554. The complete text may be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room
CY-B402, Washington, DC 20554. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
[[Page 47223]]
Synopsis of the Order
1. TCR Sports Broadcasting Holding, L.L.P. (``TCR'') is a regional
sports network (``RSN''), controlled by the Baltimore Orioles, that
owns the underlying rights to produce and exhibit Orioles games. In
March 2005, an agreement was reached among Major League Baseball, TCR,
the Montreal Expos (now the Washington Nationals), and the Orioles that
provided that TCR would ``have the sole and exclusive right to present
any and all of the Nationals' and Orioles' baseball games not otherwise
retained or reserved by Major League Baseball's national rights
agreements. * * *'' For purposes of exercising these rights with
respect to the Orioles and Nationals, TCR created and does business as
Mid-Atlantic Sports Network (``MASN''). Comcast Corporation
(``Comcast'') is an MVPD that serves numerous communities in the
Washington, D.C. metropolitan area.
2. On June 14, 2005, TCR filed a program carriage complaint
alleging that Comcast violated 47 CFR 76.1301(a) by demanding a
financial interest in MASN and 47 CFR 76.1301(c) by discriminating
against TCR's programming in favor of Comcast's own programming. After
reviewing the pleadings and supporting documentation filed by the
parties, the Commission finds that TCR has established a prima facie
case for both its claims. The Commission also finds that the pleadings
and supporting documentation present several factual disputes, such
that we are unable to determine on the basis of the existing record
whether we can grant relief based on the claims. Accordingly,
commencing concurrently with the Alternative Dispute Resolution
(``ADR'') election process discussed below, we direct an Administrative
Law Judge to hold a hearing, issue a recommended decision on the facts
underlying the discrimination claim and a recommended remedy, if
necessary, and then return the matter to the Commission within 45 days.
3. Pursuant to 47 CFR 76.7(g)(2) of the Commission's rules, TCR and
Comcast will have ten days following the lifting of the stay of this
Order to elect to resolve this dispute through ADR. Each party will
notify the Commission, in writing, of its election within 10 days of
release of this Order and, in the event that ADR is chosen, will update
the Commission monthly on the status of the ADR process. If the parties
elect to resolve the dispute through ADR, the 45-day period for review
by an Administrative Law Judge will be tolled. In the event that the
parties fail to reach a settlement through the ADR process, the parties
shall promptly notify the Commission in writing, and the 45-day period
will resume upon receipt of such notification.
4. Upon receipt of the Administrative Law Judge's recommended
decision and remedy, the Commission will make the requisite legal
determinations as to whether Comcast has demanded a financial interest
in TCR's programming in exchange for carriage in violation of 47 CFR
76.1302(a) or has discriminated against TCR's programming in favor of
Comcast's own programming, with the effect of unreasonably restraining
TCR's ability to compete fairly in violation of 47 CFR 76.1302(c). If
necessary, the Commission will then decide upon appropriate remedies.
The Commission will issue its decision not more than 60 days after
receipt of the Administrative Law Judge's recommendations, which may be
extended by the Commission for one period of 60 days.
5. We note that the Commission recently approved a series of
license assignments and/or transfers of control by Adelphia
Communications Corporation, Time Warner Cable and Comcast. The
Commission imposed remedial conditions including a commercial
arbitration condition as an alternative for RSNs unaffiliated with any
MVPD to the program carriage complaint procedures. An unaffiliated RSN
that has been denied carriage by Comcast may submit its carriage claim
to arbitration within 30 days after the denial of carriage or within
ten days after the release of the Adelphia Order. On our own motion, we
stay this Order pending TCR's decision whether to pursue the
arbitration option afforded it in the Adelphia Order. In the event TCR
declines to pursue arbitration under the conditions established in the
Adelphia Order, the stay will be lifted automatically without further
action by the Commission.
6. Accordingly, it is ordered, that TCR Sports Broadcasting
Holding, L.L.P.'s Complaint against Comcast Corporation is designated
for hearing at a date and place to be specified in a subsequent order
by an Administrative Law Judge.
7. It is further ordered, that pursuant to Section 616 of the
Communications Act of 1934, as amended, 47 U.S.C. 536, and 47 CFR
76.1300 through 1302, TCR Sports Broadcasting Holding, L.L.P. and
Comcast Corporation submit to the Commission, in writing within ten
days of the stay of this Order being lifted, their respective elections
as to whether each wishes to proceed to Alternative Dispute Resolution
and, in the event that Alternative Dispute Resolution is chosen, will
monthly update the Commission on the status of that process.
8. It is further ordered, that the Administrative Law Judge, within
45 days of the lifting of the stay of this Order, will make and return
to the Commission a recommended decision on the following factual
questions:
(1) Did Comcast Corporation demand a financial interest in the
programming of TCR Sports Broadcasting Holding, L.L.P. in exchange for
carriage of such programming?
(2) Did Comcast Corporation discriminate against TCR Sports
Broadcasting Holding, L.L.P.'s programming in favor of Comcast
Corporation's own programming?
9. It is further ordered, that the Administrative Law Judge, within
45 days of the lifting of the stay of this Order, will return to the
Commission a recommended remedy, if necessary.
10. It is further ordered, that if the parties elect Alternative
Dispute Resolution, the period for Administrative Law Judge review
shall be tolled, until such time as the parties notify the Commission
that they have failed to reach a settlement through Alternative Dispute
Resolution.
11. It is further ordered, that this hearing will be governed by
the rules of practice and procedure pertaining to the Commission's
Hearing Proceedings, 47 CFR 1.201 through 1.364, subject to the
Administrative Law Judge's discretion to regulate the hearing.
12. It is further ordered, that all Discovery shall be conducted in
accordance with 47 CFR 1.311 through 1.325, subject to the
Administrative Law Judge's discretion.
13. It is further ordered, that the Chief, Enforcement Bureau will
be a party to the proceeding and will determine its level of
participation.
14. It is further ordered, that the Secretary of the Commission
shall cause to have this Order published in the Federal Register.
15. It is further ordered, that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send
copies of this Order to all parties by certified mail, return receipt
requested.
Federal Communications Commission
Marlene H. Dortch,
Secretary.
[FR Doc. E6-13484 Filed 8-15-06; 8:45 am]
BILLING CODE 6712-01-P
