Herring Broadcasting, Inc. v. Time Warner Cable Inc., et al., 48744 [E9-22828]

Download as PDF 48744 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail) Dayle A. Elieson, U.S. Attorney’s Office, United States Department of Justice (via mail). [FR Doc. E9–22968 Filed 9–23–09; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [MB Docket No. 08–214; DA 09–1855] Herring Broadcasting, Inc. v. Time Warner Cable Inc., et al. Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: This document clarifies that parties are entitled to file exceptions to the recommended decision of the Administrative Law Judge in the proceedings listed in the SUPPLEMENTARY INFORMATION. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact David Konczal, David.Konczal@fcc.gov, of the Media Bureau, Policy Division, (202) 418– 2120. This is a summary of the Order, DA 09–1855, adopted and released on August 31, 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). srobinson on DSKHWCL6B1PROD with NOTICES SUPPLEMENTARY INFORMATION: 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 VerDate Nov<24>2008 17:40 Sep 23, 2009 Jkt 217001 for recommended decisions. 73 FR 65312, November 3, 2008. In the HDO, the Media Bureau directed an ALJ to resolve the factual disputes with respect to the claims in each of the abovecaptioned cases and to ‘‘return a recommended decision and a recommended remedy, if necessary, to the Commission * * *.’’ See id. at 65327–28. The HDO also stated that, upon receipt of the ALJ’s recommended decision and remedy, the Commission would make the requisite legal determinations and decide upon appropriate remedies, if necessary. See id. The HDO failed to specify whether parties are entitled to file exceptions to the ALJ’s recommended decision. We issue this Order, sua sponte, to remove uncertainty surrounding this issue and clarify that parties are entitled to file exceptions to the ALJ’s recommended decision. We direct parties that choose to file exceptions to comply with the procedures and deadlines set forth in Sections 1.276 and 1.277 of the Commission’s rules. Sections 1.276 and 1.277 of the Commission’s rules pertain to appeal and review of initial decisions. See 47 CFR 1.276, 1.277. As applied here, these rules allow parties to file exceptions to or briefs in support of the ALJ’s recommended decision within 30 days after public release of the full text of the recommended decision. See 47 CFR 1.276(a). These rules also provide that parties may file reply briefs within ten days after the time for filing exceptions has expired. See 47 CFR 1.277(c). 2. Accordingly, It is ordered, pursuant to Sections 4(i), 4(j), and 409(b) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 409(b), and Section 1.2 of the Commission’s rules, 47 CFR 1.2, that parties in the below-captioned matters may file exceptions to the ALJ’s recommended decision pursuant to the procedures set forth herein. 3. It is further ordered that all parties to the below-captioned proceedings will be served with a copy of this Order by e-mail and by certified mail, return receipt requested. 4. It is further ordered that a copy of this Order, or a summary thereof, Shall Be Published in the Federal Register. 5. This action is taken pursuant to delegated authority pursuant to Section 0.283 of the Commission’s rules. See 47 CFR 0.283. Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Time Warner Cable Inc., Defendant; File No. CSR–7709–P Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Bright PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 House Networks, LLC, Defendant; File No. CSR–7822–P Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Cox Communications, Inc., Defendant; File No. CSR–7829–P Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Comcast Corporation, Defendant; File No. CSR–7907–P TCR Sports Broadcasting Holding, L.L.P., d/b/a Mid-Atlantic Sports Network, Complainant v. Comcast Corporation, Defendant; File No. CSR–8001–P Federal Communications Commission. William T. Lake, Chief, Media Bureau. [FR Doc. E9–22828 Filed 9–23–09; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0029] Federal Acquisition Regulation; Submission for OMB Review; Extraordinary Contractual Action Requests AGENCY: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for comments regarding an extension to an existing OMB clearance (9000–0029). SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning extraordinary contractual action requests. A request for public comments was published at 74 FR 32165, July 7, 2009. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Page 48744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22828]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 08-214; DA 09-1855]


 Herring Broadcasting, Inc. v. Time Warner Cable Inc., et al.

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: This document clarifies that parties are entitled to file 
exceptions to the recommended decision of the Administrative Law Judge 
in the proceedings listed in the SUPPLEMENTARY INFORMATION.

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

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

SUPPLEMENTARY INFORMATION: This is a summary of the Order, DA 09-1855, 
adopted and released on August 31, 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. In the HDO, the Media Bureau 
directed an ALJ to resolve the factual disputes with respect to the 
claims in each of the above-captioned cases and to ``return a 
recommended decision and a recommended remedy, if necessary, to the 
Commission * * *.'' See id. at 65327-28. The HDO also stated that, upon 
receipt of the ALJ's recommended decision and remedy, the Commission 
would make the requisite legal determinations and decide upon 
appropriate remedies, if necessary. See id. The HDO failed to specify 
whether parties are entitled to file exceptions to the ALJ's 
recommended decision. We issue this Order, sua sponte, to remove 
uncertainty surrounding this issue and clarify that parties are 
entitled to file exceptions to the ALJ's recommended decision. We 
direct parties that choose to file exceptions to comply with the 
procedures and deadlines set forth in Sections 1.276 and 1.277 of the 
Commission's rules. Sections 1.276 and 1.277 of the Commission's rules 
pertain to appeal and review of initial decisions. See 47 CFR 1.276, 
1.277. As applied here, these rules allow parties to file exceptions to 
or briefs in support of the ALJ's recommended decision within 30 days 
after public release of the full text of the recommended decision. See 
47 CFR 1.276(a). These rules also provide that parties may file reply 
briefs within ten days after the time for filing exceptions has 
expired. See 47 CFR 1.277(c).
    2. Accordingly, It is ordered, pursuant to Sections 4(i), 4(j), and 
409(b) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), and 409(b), and Section 1.2 of the Commission's rules, 47 CFR 
1.2, that parties in the below-captioned matters may file exceptions to 
the ALJ's recommended decision pursuant to the procedures set forth 
herein.
    3. It is further ordered that all parties to the below-captioned 
proceedings will be served with a copy of this Order by e-mail and by 
certified mail, return receipt requested.
    4. It is further ordered that a copy of this Order, or a summary 
thereof, Shall Be Published in the Federal Register.
    5. This action is taken pursuant to delegated authority pursuant to 
Section 0.283 of the Commission's rules. See 47 CFR 0.283.

Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Time Warner 
Cable Inc., Defendant; File No. CSR-7709-P
Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Bright House 
Networks, LLC, Defendant; File No. CSR-7822-P
Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Cox 
Communications, Inc., Defendant; File No. CSR-7829-P
Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Comcast 
Corporation, Defendant; File No. CSR-7907-P
TCR Sports Broadcasting Holding, L.L.P., d/b/a Mid-Atlantic Sports 
Network, Complainant v. Comcast Corporation, Defendant; File No. CSR-
8001-P

Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
 [FR Doc. E9-22828 Filed 9-23-09; 8:45 am]
BILLING CODE 6712-01-P
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