[RTC List] FCC Still Vetting Operator Answers

[Sean McLaughlin]

RTC folks -


In response to our inquiry for a copy of Suddenlink's response to the 
FCC, we received the following response: 

"At this time, we do not feel it is appropriate to share what is typically a confidential filing with the FCC.  Without sharing too much information or violating any rules, I can tell you that the questions asked by the FCC did not involve any systems or customers in the Humboldt area.  For that reason, we also do not believe it is appropriate to provide you with a copy of the filing."  

Meanwhile, FCC's review of responses is attracting attention in the 
industry journals - see report below from John Eggerton. 

Aloha,
Sean

Sean McLaughlin
Executive Director
Access Humboldt
P.O. Box 157, Eureka, CA 95502
tel: 707-476-1798
dir: 707-476-2873
fax: 707-476-1702
cel: 707-616-2381
e: sean at accesshumboldt.net
web:  accesshumboldt.net

"Local Voices Through Community Media"

__________________________

http://www.broadcastingcable.com/article/CA6615373.html


*FCC Still Vetting Operator Answers*
*FCC says it is premature to talk about penalties for cable operators 
who did not answer all questions*
*By John Eggerton*
*Broadcasting & Cable, 11/17/2008 4:10:00 PM*
*
*
*[ comments invited ]*

A spokeswoman for the Federal Communications Commission said Monday the 
FCC had received and was reviewing the responses from cable operators 
about moving channels from analog to digital—they were due Nov. 14--but 
that it was premature to speculate about what actions it might take 
against any operator who failed to provide all the information 
requested. That would include the nation's largest operator, Comcast.

The FCC is investigating complaints it says it got against 13 cable 
companies about moving channels from analog to digital. It sent out 
letters asking for information including the per-sub fees for channels 
being moved.. The FCC said it would keep that information confidential 
for competitive reasons, but the nation's largest cable operator, for 
one, did not supply that information because of the short time frame and 
the scope of the request, according to a source.

The FCC had no comment on any specific company's compliance. "We are in 
the process of reviewing the letters to determine if they answered all 
of the questions," said spokeswoman Edie Herman. "To the extent that 
answers were given to the questions asked, this will be determined on a 
case by case basis for each company that received a letter of inquiry," 
she said.

"There are any potential number of next steps that the Enforcement 
Bureau may decide to take in response to companies that chose not to 
answer all of the questions," she said, adding that it would be 
"premature" to speculate on what those actions might be.

The FCC gave the 13 companies 14 days to answer the letters of inquiry 
and supply the data, but the Comcast source said the company had 
determined that just calculating and collecting data for 2008 would take 
1,500 hours of work, and so did not provide per-channel pricing 
information, though the source said the company "stands ready to "meet 
with commission staff."

Herman said that all the questions were important, including about 
whether operators had given fair notice to customers of the channel 
moves as well as how much they charged per each channel moved. 

The Comcast source said that company provides notice to both customers 
and local franchising authorities about channel moves, and also 
generally offers a free digital set-top to cusomers for a promotional 
period after the channels are moved.

Comcast's response also talked about having to compete in a marketplace 
where new competitors like telcos do not have any legacy analog 
customers to migrate, and about needing to create space for HD channels, 
including the must-carry channels the FCC is requiring them to carry.
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