[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4035-4036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1172]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 08-214; DA 08-2819]


NFL Enterprises LLC, Complainant v. Comcast Cable Communications, 
LLC, Defendant; File No. CSR-7876-P

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document finds that the Administrative Law Judge exceeded 
his authority by setting a hearing date beyond the 60-day deadline 
specified in the Hearing Designation Order for issuing a recommended 
decision regarding the above-captioned program carriage dispute and 
orders that the Media Bureau will proceed to resolve this dispute 
without the benefit of a recommended decision from the ALJ.

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

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

SUPPLEMENTARY INFORMATION: This is a summary of the Memorandum Opinion 
and Order, DA 08-2819, adopted and released on December 31, 2008. 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 
(http://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 [email protected] 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'') in the above captioned 
matter. 73 FR 65312, November 3, 2008. The HDO, among other things, 
referred certain program carriage disputes, including the above-
captioned matter, to an Administrative Law Judge (``ALJ'') to resolve 
factual disputes as to whether the defendant cable operators had 
discriminated against the complainant video programmers or required a 
financial interest in the complainant video programmer's programming as 
a condition for carriage in violation of the Commission's program 
carriage rules. 73 FR 65312, 65322, 65323, November 3, 2008. The HDO 
ordered the ALJ to make and return a recommended decision to the 
Commission within 60 days of the release date of the HDO, i.e., by 
December 9, 2008. Unfortunately, the ALJ has not issued a recommended 
decision by the deadline but, instead, has set a date to begin a 
hearing more than three months past the HDO's deadline without 
indicating when a recommended decision will be released. Herring 
Broadcasting, Inc. v. Time Warner Cable Inc. et al., Order, MB Docket 
No. 08-214, FCC 08M-50 (rel. Dec. 2, 2008).
    2. On December 24, 2008, the Media Bureau issued a Memorandum 
Opinion and Order (the ``Dec. 24th MO&O'') finding that the ALJ 
exceeded his authority by setting a hearing date beyond the HDO's 60-
day deadline for issuing a recommended decision. In the Matter of 
Herring Broadcasting Inc., d/b/a WealthTV, et al., Memorandum Opinion 
and Order, DA 08-2805, MB Docket 08-214 (rel. Dec. 24, 2008), at ]] 2, 
14-16 (``Dec. 24th MO&O''). In the Dec. 24th MO&O, the Media Bureau 
stated that the ALJ's limited authority to consider these matters 
extended through December 9, 2008. See id. The Media Bureau noted that 
this deadline has passed, and the ALJ's delegated authority over these 
hearing matters has thus expired under the terms of the HDO. See id. 
While the above-captioned matter was not included in the caption of the 
Dec. 24th MO&O, NFL Enterprises, LLC has filed a Motion for 
Clarification arguing that the logic and reasoning of that decision 
applies equally to the above-captioned matter. See NFL Enterprises LLC, 
Motion for Clarification, MB Docket No. 08-214, File No. CSR-7876-P 
(filed Dec. 29, 2008). We agree and therefore the Media Bureau will 
proceed to resolve the above-captioned program carriage

[[Page 4036]]

dispute without the benefit of a recommended decision from the ALJ.
    3. Accordingly, It is ordered, that the Hearing Designation Order 
for the above-captioned matter has Expired, the proceeding set for 
hearing before the Administrative Law Judge is Terminated, and the 
Media Bureau will proceed to resolve the above-captioned program 
carriage dispute.
    4. It is further ordered that all parties to the above-captioned 
proceeding will be served with a copy of this Memorandum Opinion and 
Order by e-mail and by certified mail, return receipt requested.
    5. It is further ordered that a copy of this Memorandum Opinion and 
Order or a summary thereof Shall Be Published in the Federal Register.

Federal Communications Commission.
Monica Shah Desai,
Chief, Media Bureau.
[FR Doc. E9-1172 Filed 1-21-09; 8:45 am]
BILLING CODE 6712-01-P