Herring Broadcasting, Inc. v. Time Warner Cable Inc., et al.; MB Docket No. 08-214, 6625-6626 [E9-2801]

Download as PDF Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices existing stations and beginning program tests on or after January 1, 1985, must assume full financial responsibility for remedying new complaints of blanketing interference for a period of one year. Under 47 CFR 73.88(AM), 73.318(FM), and 73.685(d)(TV), the license is financially responsible for resolving complaints of interference within one year of program test authority when certain conditions are met. After the first year, a license is only required to provide technical assistance to determine the cause of interference. The FCC has an outstanding Notice of Proposed Rulemaking (NPRM) in MM Docket No. 96–62, In the Matter of Amendment of Part 73 of the Commission’s Rules to More Effectively Resolve Broadcast Blanketing Interference, Including Interference to Consumer Electronics and Other Communications Devices. The NPRM has proposed to provide detailed clarification of the AM, FM, and TV licensee’s responsibilities in resolving/ eliminating blanketing interference caused by their individual stations. The NPRM has also proposed to consolidate all blanketing interference rules under a new section 47 CFR 73.1630, ‘‘Blanketing Interference.’’ This new rule has been designed to facilitate the resolution of broadcast interference problems and set forth all responsibilities of the licensee/ permittee of a broadcast station. To date, final rules have not been adopted. recommended decisions and recommended remedies, if necessary. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Steven Broeckaert, Steven.Broeckaert@fcc.gov, or David Konczal, David.Konczal@fcc.gov, of the Media Bureau, Policy Division, (202) 418–2120. SUPPLEMENTARY INFORMATION: This is a summary of the Order, FCC 09–4, adopted and released on January 27, 2009. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY–A257, Washington, DC 20554. This document will also be available via ECFS (https://www.fcc.gov/ cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/ or Adobe Acrobat.) The complete text may be purchased from the Commission’s copy contractor, 445 12th Street, SW., Room CY–B402, Washington, DC 20554. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E9–2804 Filed 2–9–09; 8:45 am] Synopsis of the Order 1. On October 10, 2008, the Media Bureau issued a Memorandum Opinion and Hearing Designation Order (‘‘HDO’’) referring the above-captioned matters to an Administrative Law Judge for recommended decisions. 73 FR 65312, November 3, 2008. The Media Bureau has since issued Orders stating that the Administrative Law Judge’s delegated authority over these hearing matters expired under the terms of the HDO, providing that the Media Bureau will proceed to resolve these disputes without the benefit of recommended decisions from the Administrative Law Judge, and providing an abbreviated schedule for the parties to file additional and/or updated arguments and evidence responsive to certain questions and requests. In the Matter of Herring Broadcasting Inc., d/b/a WealthTV, et al., 74 FR 3037, January 16, 2009 (‘‘December 24th Order’’); In the Matter of NFL Enterprises LLC, 74 FR 4035, January 22, 2009 (‘‘December 31st Order’’); In the Matter of Herring Broadcasting Inc., d/b/a WealthTV, et al., Order, DA 09–55, MB Docket 08– BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [MB Docket No. 08–214; FCC 09–4] Herring Broadcasting, Inc. v. Time Warner Cable Inc., et al.; MB Docket No. 08–214 erowe on PROD1PC63 with NOTICES AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document rescinds three previous Media Bureau Orders regarding six program carriage complaints, reinstates the presiding Administrative Law Judge’s delegated authority over these complaints, and directs the presiding Administrative Law Judge to issue a Further Revised Procedural and Hearing Order and to proceed expeditiously to issue VerDate Nov<24>2008 14:17 Feb 09, 2009 Jkt 217001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 6625 214 (rel. Jan. 16, 2009) (‘‘January 16th Order’’). 2. On our own motion, we conclude that the factual determinations required to fairly adjudicate these matters are best resolved through hearings before an Administrative Law Judge, rather than solely through pleadings and exhibits as contemplated by the Media Bureau. Accordingly, we rescind in full the December 24th Order, the December 31st Order and the January 16th Order. As discussed above, we believe that these proceedings are best resolved by hearings before an Administrative Law Judge. Therefore, notwithstanding the Media Bureau’s previous determination that the presiding Administrative Law Judge’s delegated authority over these matters has expired, we hereby reinstate the presiding Administrative Law Judge’s delegated authority and direct him to proceed pursuant to the HDO. We instruct the presiding Administrative Law Judge to issue a Further Revised Procedural and Hearing Order that updates the schedule announced in the December 15th ALJ Order to account for any delays caused by the Bureau’s recent actions. Herring Broadcasting, Inc. v. Time Warner Cable Inc. et al., Order, MB Docket No. 08– 214, FCC 08M–50 (rel. Dec. 2, 2008); Herring Broadcasting, Inc. v. Time Warner Cable Inc. et al., Revised Procedural and Hearing Order, MB Docket No. 08–214, FCC 08M–53 (rel. Dec. 15, 2008) (‘‘December 15th ALJ Order’’). Further, as instructed in the HDO, the presiding Administrative Law Judge shall issue recommended decisions and remedies, if any, to the Commission as expeditiously as possible, consistent with the mandates of fairness and due process. In light of our decision, the Emergency Application for Review and Emergency Motion for Stay, and related pleadings, regarding the December 24th Order and the December 31st Order are dismissed as moot. See Comcast Corporation, Emergency Application for Review, MB Docket No. 08–214 (Dec. 30, 2008); Comcast Corporation, Emergency Motion for Stay, MB Docket No. 08–214 (Dec. 30, 2008); Joinder of Time Warner Cable et al., MB Docket No. 08–214 (Dec. 31, 2008); Comcast Corporation, Supplement to Emergency Application for Review, MB Docket No. 08–214 (Jan. 2, 2009); Comcast Corporation, Supplement to Emergency Motion for Stay, MB Docket No. 08–214 (Jan. 2, 2009). 3. Accordingly, It is ordered, pursuant to Section 1.117 of the Commission’s rules, 47 CFR 1.117, that the December 24th Order, the December 31st Order E:\FR\FM\10FEN1.SGM 10FEN1 6626 Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices and the January 16th Order Are Hereby Rescinded. 4. It is further ordered that the presiding Administrative Law Judge will issue a Further Revised Procedural and Hearing Order and proceed expeditiously to issue recommended decisions and recommended remedies, if necessary, as discussed herein. 5. It is further ordered that all parties to the above-captioned proceedings will be served with a copy of this Order by e-mail and by certified mail, return receipt requested. 6. It is further ordered that a copy of this Order, or a summary thereof, Shall Be Published in the Federal Register. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E9–2801 Filed 2–9–09; 8:45 am] BILLING CODE 6712–01–P FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Proposed Collection Renewals (0134; 0135); Comment Request Federal Deposit Insurance Corporation (FDIC). ACTION: Notice and request for comment. erowe on PROD1PC63 with NOTICES AGENCY: SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Currently, the FDIC is soliciting comments concerning the following continuing collections of information titled: (1) Customer Assistance (3064– 0134); and (2) Asset Purchaser Eligibility Certification (3064–0135). DATES: Comments must be submitted on or before April 13, 2009. ADDRESSES: Interested parties are invited to submit written comments by any of the following methods. All comments should refer to the name and number of the collection: • Web site: https://www.FDIC.gov/ regulations/laws/federal/notices.html. • E-mail: comments@fdic.gov. Include the name of the collection in the subject line of the message. • Mail: Herbert J. Messite, Counsel (202.898.6834), (Room F–1062, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. Hand Delivery: Comments may be hand-delivered to the guard station at VerDate Nov<24>2008 14:17 Feb 09, 2009 Jkt 217001 the rear of the 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Herbert J. Messite at the address identified above. SUPPLEMENTARY INFORMATION: Proposal To Renew the Following Currently Approved Collections of Information 1. Title: Customer Assistance. OMB Number: 3064–0134. Form Number: FDIC 6422/04. Frequency of Response: On occasion. Affected Public: Individuals, Households, Business or other financial institutions. Estimated Number of Respondents: 15,000. Estimated Time per Response: 0.5 hours. Total Annual Burden: 7500 hours. General Description of Collection: This collection permits the FDIC to collect information from customers of financial institutions who have inquiries or complaints about service. Customers may document their complaints or inquiries to the FDIC using a letter or an optional form (6422/ 04). 2. Title: Asset Purchaser Eligibility Certification. OMB Number: 3064–0135. Form Number: FDIC 7300/06. Frequency of Response: On occasion. Affected Public: Business or other financial institutions. Estimated Number of Respondents: 2,500. Estimated Time per Response: 0.5 hours. Total Annual Burden: 1,250 hours. General Description of Collection: The FDIC will use the Asset Purchaser Eligibility Certification to assure compliance with statutory restrictions on who may purchase assets held by the FDIC. ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the collection should be modified prior to submission to OMB for review and approval. Comments submitted in response to this notice also will be summarized or included in the FDIC’s requests to OMB for renewal of these collections. All comments will become a matter of public record. Dated at Washington, DC, this 4th day of February 2009. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. E9–2669 Filed 2–9–09; 8:45 am] BILLING CODE 6714–01–P FEDERAL ELECTION COMMISSION Sunshine Act Notices DATE AND TIME: Tuesday, February 10, 2009, and Wednesday, February 11, 2009, At 10 a.m. PLACE: 999 E Street, NW., Washington, DC. STATUS: This meeting will be closed to the public. ITEMS TO BE DISCUSSED: Compliance matters pursuant to 2 U.S.C. 437g. Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C. Matters concerning participation in civil actions or proceedings or arbitration. Internal personnel rules and procedures or matters affecting a particular employee. PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, Telephone: (202) 694–1220. Mary W. Dove, Secretary of the Commission. [FR Doc. E9–2594 Filed 2–9–09; 8:45 am] BILLING CODE 6715–01–M Request for Comment Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the FDIC’s functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the information collection, including the validity of the methodology and assumptions used; (c) PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 FEDERAL RESERVE SYSTEM Change in Bank Control Notices, Acquisition of Shares of Bank or Bank Holding Companies; Correction This notice corrects a notice FR Doc. E8–2459 published on page 6155 of the issue for Thursday, February 5, 2009. E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6625-6626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2801]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 08-214; FCC 09-4]


Herring Broadcasting, Inc. v. Time Warner Cable Inc., et al.; MB 
Docket No. 08-214

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document rescinds three previous Media Bureau Orders 
regarding six program carriage complaints, reinstates the presiding 
Administrative Law Judge's delegated authority over these complaints, 
and directs the presiding Administrative Law Judge to issue a Further 
Revised Procedural and Hearing Order and to proceed expeditiously to 
issue recommended decisions and recommended remedies, if necessary.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Steven Broeckaert, Steven.Broeckaert@fcc.gov, or 
David Konczal, David.Konczal@fcc.gov, of the Media Bureau, Policy 
Division, (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Order, FCC 09-4, 
adopted and released on January 27, 2009. The full text of this 
document is available for public inspection and copying during regular 
business hours in the FCC Reference Center, Federal Communications 
Commission, 445 12th Street, SW., CY-A257, Washington, DC 20554. This 
document will also be available via ECFS (https://www.fcc.gov/cgb/ecfs/
). (Documents will be available electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text may be purchased from the 
Commission's copy contractor, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. To request this document in accessible formats 
(computer diskettes, large print, audio recording, and Braille), send 
an e-mail to fcc504@fcc.gov or call the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Synopsis of the Order

    1. On October 10, 2008, the Media Bureau issued a Memorandum 
Opinion and Hearing Designation Order (``HDO'') referring the above-
captioned matters to an Administrative Law Judge for recommended 
decisions. 73 FR 65312, November 3, 2008. The Media Bureau has since 
issued Orders stating that the Administrative Law Judge's delegated 
authority over these hearing matters expired under the terms of the 
HDO, providing that the Media Bureau will proceed to resolve these 
disputes without the benefit of recommended decisions from the 
Administrative Law Judge, and providing an abbreviated schedule for the 
parties to file additional and/or updated arguments and evidence 
responsive to certain questions and requests. In the Matter of Herring 
Broadcasting Inc., d/b/a WealthTV, et al., 74 FR 3037, January 16, 2009 
(``December 24th Order''); In the Matter of NFL Enterprises LLC, 74 FR 
4035, January 22, 2009 (``December 31st Order''); In the Matter of 
Herring Broadcasting Inc., d/b/a WealthTV, et al., Order, DA 09-55, MB 
Docket 08-214 (rel. Jan. 16, 2009) (``January 16th Order'').
    2. On our own motion, we conclude that the factual determinations 
required to fairly adjudicate these matters are best resolved through 
hearings before an Administrative Law Judge, rather than solely through 
pleadings and exhibits as contemplated by the Media Bureau. 
Accordingly, we rescind in full the December 24th Order, the December 
31st Order and the January 16th Order. As discussed above, we believe 
that these proceedings are best resolved by hearings before an 
Administrative Law Judge. Therefore, notwithstanding the Media Bureau's 
previous determination that the presiding Administrative Law Judge's 
delegated authority over these matters has expired, we hereby reinstate 
the presiding Administrative Law Judge's delegated authority and direct 
him to proceed pursuant to the HDO. We instruct the presiding 
Administrative Law Judge to issue a Further Revised Procedural and 
Hearing Order that updates the schedule announced in the December 15th 
ALJ Order to account for any delays caused by the Bureau's recent 
actions. Herring Broadcasting, Inc. v. Time Warner Cable Inc. et al., 
Order, MB Docket No. 08-214, FCC 08M-50 (rel. Dec. 2, 2008); Herring 
Broadcasting, Inc. v. Time Warner Cable Inc. et al., Revised Procedural 
and Hearing Order, MB Docket No. 08-214, FCC 08M-53 (rel. Dec. 15, 
2008) (``December 15th ALJ Order''). Further, as instructed in the HDO, 
the presiding Administrative Law Judge shall issue recommended 
decisions and remedies, if any, to the Commission as expeditiously as 
possible, consistent with the mandates of fairness and due process. In 
light of our decision, the Emergency Application for Review and 
Emergency Motion for Stay, and related pleadings, regarding the 
December 24th Order and the December 31st Order are dismissed as moot. 
See Comcast Corporation, Emergency Application for Review, MB Docket 
No. 08-214 (Dec. 30, 2008); Comcast Corporation, Emergency Motion for 
Stay, MB Docket No. 08-214 (Dec. 30, 2008); Joinder of Time Warner 
Cable et al., MB Docket No. 08-214 (Dec. 31, 2008); Comcast 
Corporation, Supplement to Emergency Application for Review, MB Docket 
No. 08-214 (Jan. 2, 2009); Comcast Corporation, Supplement to Emergency 
Motion for Stay, MB Docket No. 08-214 (Jan. 2, 2009).
    3. Accordingly, It is ordered, pursuant to Section 1.117 of the 
Commission's rules, 47 CFR 1.117, that the December 24th Order, the 
December 31st Order

[[Page 6626]]

and the January 16th Order Are Hereby Rescinded.
    4. It is further ordered that the presiding Administrative Law 
Judge will issue a Further Revised Procedural and Hearing Order and 
proceed expeditiously to issue recommended decisions and recommended 
remedies, if necessary, as discussed herein.
    5. It is further ordered that all parties to the above-captioned 
proceedings will be served with a copy of this Order by e-mail and by 
certified mail, return receipt requested.
    6. It is further ordered that a copy of this Order, or a summary 
thereof, Shall Be Published in the Federal Register.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-2801 Filed 2-9-09; 8:45 am]
BILLING CODE 6712-01-P
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