[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6625-6626]
From the Federal Register Online via the Government Publishing 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.

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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, [email protected], or 
David Konczal, [email protected], 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 (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'') 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]
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