[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Notices]
[Pages 47222-47223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13484]


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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.

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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 [email protected] 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]
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