[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Page 48744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22828]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 08-214; DA 09-1855]


 Herring Broadcasting, Inc. v. Time Warner Cable Inc., et al.

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document clarifies that parties are entitled to file 
exceptions to the recommended decision of the Administrative Law Judge 
in the proceedings listed in the SUPPLEMENTARY INFORMATION.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact David Konczal, <a href="/cdn-cgi/l/email-protection#541035223d307a1f3b3a372e3538143237377a333b22"><span class="__cf_email__" data-cfemail="82c6e3f4ebe6acc9edece1f8e3eec2e4e1e1ace5edf4">[email protected]</span></a>, of the Media 
Bureau, Policy Division, (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Order, DA 09-1855, 
adopted and released on August 31, 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 
<a href="/cdn-cgi/l/email-protection#583e3b3b6d686c183e3b3b763f372e"><span class="__cf_email__" data-cfemail="f2949191c7c2c6b2949191dc959d84">[email protected]</span></a> 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. In the HDO, the Media Bureau 
directed an ALJ to resolve the factual disputes with respect to the 
claims in each of the above-captioned cases and to ``return a 
recommended decision and a recommended remedy, if necessary, to the 
Commission * * *.'' See id. at 65327-28. The HDO also stated that, upon 
receipt of the ALJ's recommended decision and remedy, the Commission 
would make the requisite legal determinations and decide upon 
appropriate remedies, if necessary. See id. The HDO failed to specify 
whether parties are entitled to file exceptions to the ALJ's 
recommended decision. We issue this Order, sua sponte, to remove 
uncertainty surrounding this issue and clarify that parties are 
entitled to file exceptions to the ALJ's recommended decision. We 
direct parties that choose to file exceptions to comply with the 
procedures and deadlines set forth in Sections 1.276 and 1.277 of the 
Commission's rules. Sections 1.276 and 1.277 of the Commission's rules 
pertain to appeal and review of initial decisions. See 47 CFR 1.276, 
1.277. As applied here, these rules allow parties to file exceptions to 
or briefs in support of the ALJ's recommended decision within 30 days 
after public release of the full text of the recommended decision. See 
47 CFR 1.276(a). These rules also provide that parties may file reply 
briefs within ten days after the time for filing exceptions has 
expired. See 47 CFR 1.277(c).
    2. Accordingly, It is ordered, pursuant to Sections 4(i), 4(j), and 
409(b) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), and 409(b), and Section 1.2 of the Commission's rules, 47 CFR 
1.2, that parties in the below-captioned matters may file exceptions to 
the ALJ's recommended decision pursuant to the procedures set forth 
herein.
    3. It is further ordered that all parties to the below-captioned 
proceedings will be served with a copy of this Order by e-mail and by 
certified mail, return receipt requested.
    4. It is further ordered that a copy of this Order, or a summary 
thereof, Shall Be Published in the Federal Register.
    5. This action is taken pursuant to delegated authority pursuant to 
Section 0.283 of the Commission's rules. See 47 CFR 0.283.

Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Time Warner 
Cable Inc., Defendant; File No. CSR-7709-P
Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Bright House 
Networks, LLC, Defendant; File No. CSR-7822-P
Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Cox 
Communications, Inc., Defendant; File No. CSR-7829-P
Herring Broadcasting, Inc. d/b/a WealthTV, Complainant v. Comcast 
Corporation, Defendant; File No. CSR-7907-P
TCR Sports Broadcasting Holding, L.L.P., d/b/a Mid-Atlantic Sports 
Network, Complainant v. Comcast Corporation, Defendant; File No. CSR-
8001-P

Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
 [FR Doc. E9-22828 Filed 9-23-09; 8:45 am]
BILLING CODE 6712-01-P


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