**DA 06-1022**

**Released: May 17, 2006**

**MEDIA BUREAU ACTION**

**REQUEST FOR WAIVER OF 47 C.F.R. § 76.1204(a)(1) FILED**

**WITH THE COMMISSION**

**CSR-7012-Z**

Comcast Corporation ("Comcast" or "Petitioner") has filed a request for
waiver of the prohibition set forth in Section 76.1204(a)(1) of the
Commission's rules on offering navigation devices that perform both
conditional access and other functions with respect to three specific
set-top box models.[^1] In addition, Comcast has asked that the waiver
also apply to other set-top boxes that share similar characteristics
with those models.[^2] Comcast asserts that its Waiver Request is
limited in scope to the types of devices the Commission identified in
the *2005 Integration Prohibition Order* (*i.e.*, low-cost,
limited-capability set-top boxes). Comcast also claims that waiver of
the prohibition for the subject devices would serve the public interest
by, among other things, broadening consumers' access to family and
ethnic tiers, expanding the availability and use of parental controls,
and enhancing subscriber access to video-on-demand and other interactive
services.[^3] We seek comment on Comcast's request.

This proceeding will be treated as "permit but disclose" for purposes of
the Commission's *ex parte* rules. *See* generally 47 C.F.R. §§
1.1200-1.1216. As a result of the permit-but-disclose status of this
proceeding, *ex parte* presentations will be governed by the procedures
set forth in Section 1.1206 of the Commission's rules applicable to
non-restricted proceedings.[^4]

Comments and oppositions are due June 15, 2006.[^5] All filings should
refer to the case identifier, CSR-7012-Z, and, in addition, to
facilitate access to the pleadings filed pursuant to this Public Notice,
all comments, oppositions, reply comments, and *ex parte* memoranda
should refer to CS Docket No. 97-80 and must be submitted in CS Docket
No. 97-80. Pleadings sent via e-mail to the Commission will be
considered informal and are not part of the official record. Comments
and oppositions filed must indicate that they have been served on
Petitioner. All comments and oppositions must be served on counsel for
Petitioner:

> James L. Casserly
>
> Jonathan Friedman
>
> Willkie Farr & Gallagher
>
> 1875 K Street, N.W.
>
> Washington, D.C. 20006-1238

Petitioner's reply is due June 30, 2006. An original and four copies of
all pleadings must be filed with the Commission:

> Secretary
>
> Federal Communications Commission
>
> 445 12^th^ Street, S.W.
>
> Washington, D.C. 20554

In addition, one copy of each pleading must be sent to Natalie Roisman,
Media Bureau, Room 4-A802, 445 12^th^ Street, S.W., Washington, D.C.
20554 or <Natalie.Roisman@fcc.gov>.

Comments may be filed using: (1) the Commission's Electronic Comment
Filing System (ECFS), (2) the Federal Government's eRulemaking Portal,
or (3) by filing paper copies.[^6]

Electronic Filers: Comments may be filed electronically using the
Internet by accessing the ECFS:
[http://www.fcc.gov/cgb/ecfs/](http://www.fcc.gov/e-file/ecfs.html) or
the Federal eRulemaking Portal:
[http://www.regulations.gov](http://www.regulations.gov/). Filers should
follow the instructions provided on the website for submitting comments.

For ECFS filers, in completing the transmittal screen, filers should
include their full name, U.S. Postal service mailing address, and the
applicable docket number: CS Docket No. 97-80. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to <ecf@fcc.gov>, and include the following
words in the body of the message: "get form". A sample form and
instructions will be sent in response.

Paper Filers: Parties who choose to file by paper must file an original
and four copies of each filing. Filings can be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.

The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. The filing
hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes must
be disposed of *before* entering the building.

Commercial overnight mail (other than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743.

U.S. Postal Service first-class mail, Express Mail, and Priority Mail
should be addressed to 445 12^th^ Street, SW, Washington, D.C. 20554.

Copies of the Waiver Request and any subsequently filed documents in
this matter are also available for inspection in the Commission's
Reference Information Center:

> 445 12^th^ Street, S.W.
>
> Washington, D.C. 20554
>
> \(202\) 418-7092

Alternate formats of this Public Notice (computer diskette, large print,
audio recording, or Braille) are available to persons with disabilities
by contacting the Consumer and Governmental Affairs Bureau at (202)
418-0530 or (202) 418-7365 (TTY).

For further information, contact Natalie Roisman of the Media Bureau,
(202) 418-1655. Press inquiries should be directed to Rebecca Fisher of
the Media Bureau, (202) 418-2359. TTY: (202) 418-7172 or (888) 835-5322.

-FCC-

[^1]: *See* Comcast Corporation's Request for Waiver of 47 C.F.R. §
    76.1204(a)(1) (filed Apr. 19, 2006) at 8-9 ("Waiver Request").

[^2]: *Id.* at 1 (requesting that the waiver also apply to "similar
    boxes meeting specified criteria").

[^3]: *Id.* at 11-12.

[^4]: 47 C.F.R. § 1.1206.

[^5]: The comment cycle established herein supersedes that established
    by *Special Relief and Show Cause Petitions*, Report No. 0174 (MB
    rel. May 5, 2006) (Public Notice).

[^6]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322, 11326, para.
    8 (April 6, 1998).