1. ORDER Released: April 11, 2006 In its Twelfth Annual Report on the status of competition in the market for the delivery of video programming,' the Commission observed that data submitted in the record raises questions as to whether the so-called "70/70 test" in Section 612 of the Communications Act of 1934, as amended, has been satisfied. The Commission sought comment on the best methodologies and data for measuring the 70-percent thresholds and, if the thresholds have been met, what action might be warranted to achieve the statutory goals. The Twelfth Annual Report established a reply comment date of April 18, 2006. 2. The National Cable & Telecommunications Association (NCTA) has filed a Motion for Extension of Time requesting a deadline of April 25, 2006, for filing reply comments. NCTA seeks this extension of time to adequately address the arguments made in the parties' initial comments, explaining that other events are occurring during the same time period, such as the annual convention of the cable industry, which takes place April 9-11 in Atlanta, and the Easter and Passover holidays. 3. We conclude that NCTA has stated good cause for itself and others to receive an extension of one week for the filing of their reply comments. A one-week extension will result in a more complete discussion and analysis of the issues raised in the initial comments. 1 Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, Twelfth Annual Report, MB Docket No. 05-255, FCC 06-11 (rel. March 3, 2006) (Twelfth Annual Report). Section 612(g) of the Communications Act provides that when cable systems with 36 or more activated channels are available to 70 percent of households within the United States and when 70 percent of those households subscribe to them, the Commission may promulgate any additional rules necessary to promote diversity of information sources. 47 U.S.C. § 532(g). 347 C.F.R. § 1.46. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), 403, and 628(g) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 403, and 548(g), and Sections 0.61, 0.283, and 1.46 of the Commission's rules, 47 C.F.R. § 0.61, 0.283, and 1.46, the Motion for Extension of Time, filed by the National Cable & Telecommunications Association, IS GRANTED, and the deadline for filing reply comments in this proceeding IS EXTENDED to April 25, 2006. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau 1. On June 29, 2005, a program access complaint was filed on behalf of DIRECTV against iN DEMAND L.L.C. ("ID") pursuant to Section 628 of the Communications Act of 1934, as amended,' and Sections 76.1000-1003 of the Commission's rules.2 DIRECTV alleged that ID's fee structure for the sale of its INHD programming violated Section 628(c)(2)(B) of the Act and Section 76.1002(b) of the Commission's rules because it discriminated in its price, terms and conditions.' DIRECTV also alleged that ID's fee structure constituted an unfair practice in violation of Section 628(b) of the Act and Section 76.1001 of the Commission's rules.* On April 7, 2006, pursuant to Section 76.7(a)(4)(iii) of the Commission's rules, DIRECTV withdrew its program access complaint against ID and asked the Commission to dismiss the complaint without prejudice." 2. Accordingly, DIRECTV's request is GRANTED and its program access complaint against iN DEMAND, LLC IS DISMISSED WITHOUT PREJUDICE. Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 TTY: 1-888-835-5322 DA 06-800 Released: April 21, 2006 MEDIA BUREAU ANNOUNCES PERMIT-BUT-DISCLOSE EX PARTE STATUS FOR On February 28, 2006, and March 14, 2006, Citadel Broadcasting Corporation (Citadel) and The Walt Disney Company (TWDC) filed applications seeking Commission consent to the transfer of control of the licenses of the 224 radio stations currently licensed to a subsidiary of Citadel and of 24 radio stations currently licensed to 12 TWDC subsidiaries. The Media Bureau issued a Broadcast Applications Public Notice on March 3, 2006 (Broadcast Applications, Report No. 26184), March 7, 2006 (Broadcast Applications, Report No. 26186), and March 20, 2006 (Broadcast Applications, Report No. 26195) announcing that the applications had been accepted for filing and establishing a pleading cycle to permit interested parties an opportunity to comment on the proposed transaction. Applications for consent to the transfer of control of broadcast licenses and authorizations are subject, unless otherwise provided, to treatment by the Commission as restricted proceedings for ex parte purposes under Section 1.1208 of the Commission's rules. 47 C.F.R. §1.1208. We have concluded, however, that classifying this proceeding as permit-but-disclose would, in this case, serve the public interest. Accordingly, by this Public Notice, and pursuant to Section 1.1200(a) of the Commission's rules, 47 C.F.R. §1.1200(a), we announce that the ex parte procedures applicable to nonrestricted proceedings will govern our consideration of the instant applications. See 47 C.F.R. §1.1206. Permit-but-disclose ex parte procedures permit interested parties to make ex parte presentations to the Commissioners and Commission employees and require that these presentations be disclosed in the record of the relevant proceeding. Persons making a written ex parte presentation to the Commissioners or Commission employees must file the written presentation with the Office of the Secretary no later than the next business day after the presentation. 47 C.F.R. §1.1206(b)(1). Persons making oral ex parte presentations must file a summary of the presentation no later than the next business day after the presentation. 47 C.F.R. §1.1206(b)(2). All ex parte filings must be clearly labeled as such and must reference this Public Notice, DA 06-800. An original and one copy of all ex parte memoranda must be filed with Marlene H. Dortch, Office of the Individuals can access copies of the applications online through the Commission's web site. Hard copies of the applications and related documents are also available for public inspection and copying during normal business hours in the Commission's Reference Information Center located at Room CY-A257, 445 12th Street, S.W., Washington, D.C. 20554. For further information, contact Chris Robbins, Audio Division, Media Bureau, at (202) 418-2700. By: Chief, Media Bureau - FCC |