**DA 06-1733**

**Released: August 29, 2006**

**MEDIA BUREAU ACTION**

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

**WITH THE COMMISSION**

**CSR-7049-Z/CS Docket No. 97-80**

**Comment Date: September 18, 2006**

**Reply Comment Date: September 28, 2006**

Charter Communications Inc. ("Charter" or "Petitioner") has filed a
request pursuant to Section 629(c) of the Communications Act of 1934, as
amended (the "Communications Act"),[^1] and Sections 76.7 and 76.1207 of
the Commission's rules[^2] for waiver of the prohibition set forth in
Section 76.1204(a)(1) of the Commission's rules, which prohibits
multichannel video programming distributors from offering navigation
devices that perform both conditional access and other functions, for
seven specific set-top box models.[^3] Charter asserts that its Waiver
Request is limited in scope to the types of devices the Commission
identified in the *2005 Deferral Order* (*i.e.*, low-cost,
limited-capability set-top boxes).[^4] Charter 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
international tiers of programming, promoting the digital television
transition, and expediting consumer adoption of digital services, such
as parental controls, video-on-demand and other interactive
services.[^5] We seek comment on Charter'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.[^6]

Comments and oppositions are due September 18, 2006. All filings should
refer to the case identifier, CSR-7049-Z, and 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 will not be 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:

> Christin S. McMeley
>
> Charter Communications
>
> 12405 Powerscourt Drive
>
> St. Louis, MO 63131
>
> Paul Glist
>
> Paul Hudson
>
> Cole, Raywid & Braverman, LLP
>
> 1919 Pennsylvania Avenue, N.W.
>
> Washington, D.C. 20006

Petitioner's reply is due September 28, 2006.

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.[^7]

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 [ecfs@fcc.gov](mailto: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.

One copy of each pleading must be sent to Brendan Murray, Media Bureau,
Room 4-C841, 445 12^th^ Street, S.W., Washington, D.C. 20554 or
<Brendan.Murray@fcc.gov>.

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 Brendan Murray of the Media Bureau,
(202) 418-1573. 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]: 47 U.S.C. § 549(c).

[^2]: 47 C.F.R. §§ 76.7, 76.1207.

[^3]: *See* Charter Communications, Inc. Request for Waiver of 47 C.F.R.
    § 76.1204(a)(1) (filed July 14, 2006) ("Waiver Request").

[^4]: *See* *Implementation of Section 304 of the Telecommunications Act
    of 1996: Commercial Availability of Navigation Devices*, 20 FCC Rcd
    6794, 6814, para. 37 (2005) ("*2005 Deferral Order*").

[^5]: Waiver Request at 12-13.

[^6]: 47 C.F.R. § 1.1206.

[^7]: *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).