**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | MB Docket No. 08-214         |
|                                  | *) |                              |
| Herring Broadcasting, Inc. d/b/a | ** | File No. CSR-7709-P          |
| WealthTV,                        |    |                              |
|                                  | *  | File No. CSR-7822-P          |
| Complainant                      | *) |                              |
|                                  | ** | File No. CSR-7829-P          |
| v\.                              |    |                              |
|                                  | *  | File No. CSR-7907-P          |
| Time Warner Cable Inc.           | *) |                              |
|                                  | ** | File No. CSR-7876-P          |
| Defendant                        |    |                              |
|                                  | *  | File No. CSR-8001-P          |
| Herring Broadcasting, Inc. d/b/a | *) |                              |
| WealthTV,                        | ** |                              |
|                                  |    |                              |
| Complainant                      | *  |                              |
|                                  | *) |                              |
| v\.                              | ** |                              |
|                                  |    |                              |
| Bright House Networks, LLC,      | *  |                              |
|                                  | *) |                              |
| Defendant                        | ** |                              |
|                                  |    |                              |
| Herring Broadcasting, Inc. d/b/a | *  |                              |
| WealthTV,                        | *) |                              |
|                                  | ** |                              |
| Complainant                      |    |                              |
|                                  | *  |                              |
| v\.                              | *) |                              |
|                                  | ** |                              |
| Cox Communications, Inc.,        |    |                              |
|                                  | *  |                              |
| Defendant                        | *) |                              |
|                                  | ** |                              |
| Herring Broadcasting, Inc. d/b/a |    |                              |
| WealthTV,                        | *  |                              |
|                                  | *) |                              |
| Complainant                      | ** |                              |
|                                  |    |                              |
| v\.                              | *  |                              |
|                                  | *) |                              |
| Comcast Corporation,             | ** |                              |
|                                  |    |                              |
| Defendant                        | *  |                              |
|                                  | *) |                              |
| NFL Enterprises LLC,             | ** |                              |
|                                  |    |                              |
| Complainant                      | *  |                              |
|                                  | *) |                              |
| v\.                              | ** |                              |
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| Comcast Cable Communications,    | *  |                              |
| LLC,                             | *) |                              |
|                                  | ** |                              |
| Defendant                        |    |                              |
|                                  | *  |                              |
| TCR Sports Broadcasting Holding, | *) |                              |
| L.L.P.,                          | ** |                              |
|                                  |    |                              |
| d/b/a Mid-Atlantic Sports        | *  |                              |
| Network,                         | *) |                              |
|                                  | ** |                              |
| Complainant                      |    |                              |
|                                  | *  |                              |
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|                                  | ** |                              |
| Comcast Corporation,             |    |                              |
|                                  | *  |                              |
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+----------------------------------+----+------------------------------+

**ERRATUM**

**Adopted: October 15, 2008 Released: October 15, 2008**

By the Chief, Media Bureau:

1.  On October 10, 2008, the Bureau released a *Memorandum Opinion and
    Hearing Designation Order* (DA 08-2269) in the above-captioned
    proceedings. This *Erratum* corrects that document as indicated
    herein.

2.  Insert into the caption the following docket number: MB Docket No.
    08-214.

3.  In the first sentence of paragraph 59, and the third sentence of
    paragraph 79, the term "MASN" should be amended to read "the NFL."

4.  In the first sentence of paragraph 121, the reference to "Section
    76.1302(c)" of the Commission's rules should be amended to read
    "Section 76.1301(c)" and the reference to "Section 76.1302(a)" of
    the Commission's rules should be amended to read "Section
    76.1301(a)."

5.  Revise paragraph 122 to read as follows:

122\. Accordingly, **IT IS ORDERED**, that Herring Broadcasting, Inc.
d/b/a/ WealthTV's Complaint against Time Warner Cable Inc. is
**DESIGNATED FOR HEARING** at a date and place to be specified in a
subsequent order by an Administrative Law Judge for a recommended
determination of the following issues:

\(a\) whether the defendant has discriminated against the complainant's
programming in favor of its own programming, with the effect of
unreasonably restraining the complainant's ability to compete fairly in
violation of Section 76.1301(c);

\(b\) if the Administrative Law Judge determines that the defendant has
discriminated against the complainant's programming in violation of
Section 76.1301(c), the appropriate price, terms and conditions on which
the complainant's programming should be carried on defendant's systems
and such other remedies as the Administrative Law Judge recommends.

6.  Revise paragraph 126 to read as follows:

126\. Accordingly, **IT IS ORDERED**, that Herring Broadcasting, Inc.
d/b/a/ WealthTV's Complaint against Bright House Networks, LLC is
**DESIGNATED FOR HEARING** at a date and place to be specified in a
subsequent order by an Administrative Law Judge for a recommended
determination of the following issues:

\(a\) whether the defendant has discriminated against the complainant's
programming in favor of its own programming, with the effect of
unreasonably restraining the complainant's ability to compete fairly in
violation of Section 76.1301(c);

\(b\) if the Administrative Law Judge determines that the defendant has
discriminated against the complainant's programming in violation of
Section 76.1301(c), the appropriate price, terms and conditions on which
the complainant's programming should be carried in defendant's systems
and such other remedies as the Administrative Law Judge recommends.

7.  Revise paragraph 130 to read as follows:

130\. Accordingly, **IT IS ORDERED**, that Herring Broadcasting, Inc.
d/b/a/ WealthTV's Complaint against Cox Communications, Inc. is
**DESIGNATED FOR HEARING** at a date and place to be specified in a
subsequent order by an Administrative Law Judge for a recommended
determination of the following issues:

\(a\) whether the defendant has discriminated against the complainant's
programming in favor of its own programming, with the effect of
unreasonably restraining the complainant's ability to compete fairly in
violation of Section 76.1301(c);

\(b\) if the Administrative Law Judge determines that the defendant has
discriminated against the complainant's programming in violation of
Section 76.1301(c), the appropriate price, terms and conditions on which
the complainant's programming should be carried on defendant's systems
and such other remedies as the Administrative Law Judge recommends.

8.  Revise paragraph 134 to read as follows:

134\. Accordingly, **IT IS ORDERED**, that Herring Broadcasting, Inc.
d/b/a/ WealthTV'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 for a recommended determination of the
following issues:

\(a\) whether the defendant has discriminated against the complainant's
programming in favor of its own programming, with the effect of
unreasonably restraining the complainant's ability to compete fairly in
violation of Section 76.1301(c);

\(b\) if the Administrative Law Judge determines that the defendant has
discriminated against the complainant's programming in violation of
Section 76.1301(c), the appropriate price, terms and conditions on which
the complainant's programming should be carried on defendant's systems
and such other remedies as the Administrative Law Judge recommends.

9.  Revise paragraph 138 to read as follows:

138\. Accordingly, **IT IS ORDERED**, that NFL Enterprises LLC'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 for a recommended determination of the
following issues:

\(a\) whether the defendant has discriminated against the complainant's
programming in favor of its own programming, with the effect of
unreasonably restraining the complainant's ability to compete fairly in
violation of Section 76.1301(c);

\(b\) whether the defendant has demanded a financial interest in the
complainant's

programming in exchange for carriage in violation of Section 76.1301(a);

\(c\) if the Administrative Law Judge determines that the defendant has
discriminated against the complainant's programming in violation of
Section 76.1301(c) or demanded a financial interest in the complainant's
programming in exchange for carriage in violation of Section 76.1301(a),
the appropriate price, terms and conditions on which the complainant's
programming should be carried on defendant's systems and such other
remedies as the Administrative Law Judge recommends.

10. Revise paragraph 142 to read as follows:

142\. Accordingly, **IT IS ORDERED**, that TCR Sports Broadcasting
Holding, L.L.P., d/b/a Mid-Atlantic Sports Network'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 for a
recommended determination of the following issues:

\(a\) whether the defendant has discriminated against the complainant's
programming in favor of its own programming, with the effect of
unreasonably restraining the complainant's ability to compete fairly in
violation of Section 76.1301(c);

\(b\) if the Administrative Law Judge determines that the defendant has
discriminated against the complainant's programming in violation of
Section 76.1301(c), the appropriate price, terms and conditions on which
the complainant's programming should be carried on defendant's systems
and such other remedies as the Administrative Law Judge recommends.

11. After paragraph 145, inserting the following Section G.:

**G. General Ordering Clauses**

146\. **IT IS FURTHER ORDERED** that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C. § 154(i), in order to
avail itself of the opportunity to be heard, each party to an
above-captioned proceeding, in person or by its attorney, **SHALL FILE**
with the Commission, by October 17, 2008, a written appearance stating
that the party will appear on the date fixed for hearing and present
evidence on the issues specified herein.[^1]

147\. **IT IS FURTHER ORDERED** that, if any complainant in an
above-captioned proceeding fails to file a written appearance by the
deadline specified above, or has not filed prior to that deadline, a
petition to accept, for good cause shown, a written appearance beyond
the deadline, the Presiding Administrative Law Judge **SHALL DISMISS**
the relevant above-captioned proceeding with prejudice for failure to
prosecute.

148\. **IT IS FURTHER ORDERED** that all parties to the above-captioned
proceedings will be served with a copy of this Order and the Erratum
thereto by e-mail and by certified mail, return receipt requested.

149\. **IT IS FURTHER ORDERED** that the Chief, Enforcement Bureau,
shall be made a party to each of the above-captioned proceedings without
the need to file a written appearance and will determine the Enforcement
Bureau's level of participation in the proceedings.

150\. **IT IS FURTHER ORDERED** that a copy of this Hearing Designation
Order and the Erratum thereto or a summary thereof **SHALL BE
PUBLISHED** in the Federal Register.

12. This action is taken under authority delegated pursuant to Section
    0.283 of the Commission's rules, 47 C.F.R. § 0.283.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Monica Shah Desai
>
> Chief, Media Bureau

# 

# 

[^1]: In light of the deadline for a Recommended Decision contained in
    this Order, the deadline for written appearances set forth in 47
    C.F.R. § 1.221 is waived and replaced with the deadline set forth
    above.