3036 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

Additionally, the Commission is 

revising the collection to incorporate the 

reporting requirements of OMB 3060– 

0793 for the self-certification as a rural 

carrier requirement into this collection 

under OMB Control Number 3060–0986. 

The self-certification for rural carriers is 

rarely filed with the Commission, 

therefore, its incorporation into OMB 

3060–0986 will ease the Commission’s 

administrative burden for complying 

with information collection 

requirements. Upon OMB approval of 

this revision, the Commission will 

voluntarily discontinue OMB Control 

Number 3060–0793 and retain this one 

for OMB’s inventory. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–911 Filed 1–15–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 08–2817 and DA 09–15] 

Consumer Advisory Committee 

AGENCY: Federal Communications 

Commission 

ACTION: Notice. 

SUMMARY: The Commission announces 

the re-chartering and appointment of 

members to the Consumer Advisory 

Committee (‘‘Committee’’) of the Federal 

Communications Commission 

(‘‘Commission’’). The Commission 

further designates the Chairperson of 

the Committee, and announces the date 

and agenda of the Committee’s first 

meeting in calendar year 2009. 

DATES: The first meeting of the rechartered Committee will take place on 

January 30, 2009, 9 a.m. to 4 p.m., at the 

Commission’s Headquarters Building, 

Room TW–C305, 445 12th Street, SW., 

Washington, DC 20554. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, NW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Scott Marshall, Consumer & 

Governmental Affairs Bureau, (202) 

418–2809 (voice), (202) 418–0179 

(TTY), or e-mail scott.marshal@fcc.gov. 

SUPPLEMENTARY INFORMATION: On 

December 30, 2008, the Commission 

released document DA 08–2817, which 

announced the re-chartering of its 

Consumer Advisory Committee, 

announced the appointment of twentyeight (28) members to the Committee 

and designated the Committee’s 

chairperson. 

On January 9, 2009, the Commission 

released document DA 09–15, 

announced the agenda, date and time of 

the Committee’s first meeting in 

calendar year 2009. 

The Committee is organized under 

and will operate in accordance with the 

provisions of the Federal Advisory 

Committee Act, 5 U.S.C. App. 2 (1988). 

On November 17, 2008, the Committee 

was re-chartered for another two-year 

term. 

The mission of the Committee is to 

make recommendations to the 

Commission regarding consumer issues 

within the jurisdiction of the 

Commission and to facilitate the 

participation of consumers (including 

people with disabilities and 

underserved populations, such as 

American Indians and persons living in 

rural areas) in proceedings before the 

Commission. Each meeting of the full 

Committee will be open to the public. 

A notice of each meeting will be 

published in the Federal Register at 

least fifteen (15) days in advance of the 

meeting. Records will be maintained of 

each meeting and made available for 

public inspection. 

Functions 

Digital Transition. The digital 

television transition will remain the 

principal focus of the Committee thru 

early 2009 as the Commission continues 

its efforts to assist consumers in 

understanding and preparing for the 

transition which, by law, must be 

completed by February 17, 2009. 

Other Topics. In addition to digital 

television, other topics to be addressed 

by the Committee will include, but are 

not limited to, the following areas: 

1. Consumer protection and education 

(e.g., cramming, slamming, consumer 

friendly billing, detariffing, bundling of 

services, Lifeline/Linkup programs, 

customer service, privacy, telemarketing 

abuses, and outreach to underserved 

populations, such as Native Americans 

and persons living in rural areas). 

2. Access by people with disabilities 

(e.g., telecommunications relay services, 

video description, closed captioning, 

accessible billing and access to 

telecommunications products and 

services). 

3. Impact upon consumers of new and 

emerging technologies (e.g., availability 

of broadband, digital television, cable, 

satellite, low power FM, and the 

convergence of these and emerging 

technologies). 

Appointment of Chairman and 

Members 

The Commission appointed twentyeight (28) members to its Consumer 

Advisory Committee. Of this number, 

twelve (12) represent interests of 

consumers, minorities, and low income 

communities; five (5) represent 

disabilities communities; six (6) 

represent the interest of state, local, and 

Native American interests, and, five (5) 

represent industry interests. The 

Committee’s slate is designed to be 

representative of the Commission’s 

many constituencies, and the diversity 

selected will provide a balanced point 

of view as required by the Federal 

Advisory Committee Act. All 

appointments are effective immediately 

and shall terminate November 17, 2010 

or when the Committee is terminated, 

whichever is earlier. 

The roster as appointed by Chairman 

Kevin J. Martin is as follows: 

Ms. Debra Berlyn, representing the 

Digital Television Transition Coalition 

is hereby appointed as chairperson of 

the Committee. 

Other members by organization and 

primary representative name include: 

1. AARP—Marti T. Doneghy. 

2. Alaska State Department of Law— 

Lew Craig. 

3. Alliance for Community Media— 

Gloria Tristani. 

4. American Council of the Blind— 

Eric Bridges. 

5. Appalachian Regional 

Commission—Harry L. Roesch. 

6. Benton Foundation—Charles 

Benton. 

7. Cablevision—Dodie Tschirch. 

8. Call For Action—Shirley Rooker. 

9. Communication Service for the 

Deaf—Karen Peltz Strauss. 

10. Communications Workers of 

America—Jeffrey Rechenbach. 

11. Consumer Action—Ken 

McEldowney. 

12. Consumer Electronics 

Association—Jamie Hedlund. 

13. Consumer Federation of 

America—Irene E. Leech. 

14. Consumers Union—Gene 

Kimmelman. 

15. Deaf and Hard of Hearing 

Consumer Advocacy Network—Claude 

Stout. 

16. Digital Television Transition 

Coalition—Debra Berlyn, Chairperson. 

17. Dishnetwork Corporation 

(formerly EchoStar Communications 

Corporation)—Lori Kalani. 

18. Hawaii State Public Utilities 

Commission—John Cole. 

19. Eastern Band of Cherokee 

Indians—Brandon Stephens. 

20. Hearing Loss Association of 

America—Lise Hamlin. 

21. League of United Latin American 

Citizens—Eduardo Pena, Jr. 

22. National Association of 

Broadcasters—John L. Sander. 

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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3037 

23. National Association of Regulatory 

Utility Commissioners—Nixyvette 

Santini. 

24. National Association of State 

Utility Consumer Advocates—Brenda 

Pennington. 

25. Northern VA Resource Center for 

Deaf and Hard of Hearing Persons— 

Cheryl Heppner. 

26. Parents Television Council—Dan 

Isett. 

27. Southern Growth Policies Board— 

Scott Doron. 

28. Verizon Communications, Inc.— 

Richard T. Ellis. 

Meeting Date and Agenda 

At its January 30, 2009 meeting, the 

Committee will continue its 

consideration of digital television (DTV) 

transition issues. The Committee may 

also consider recommendations 

regarding broadband/universal service, 

closed captioning, relay services, as well 

as other consumer issues within the 

jurisdiction of the Commission. In 

addition, the Committee will consider 

administrative and procedural matters 

relating to its functions. 

Meetings are open to the public and 

are broadcast on the Internet in Real 

Audio/Real Video format with 

captioning at http://www.fcc.gov/cgb/ 

cac. Members of the public may address 

the Committee or may send written 

comments to: Scott Marshall, 

Designated Federal Officer of the 

Committee, at the address indicated on 

the first page of this document. The 

meeting site is accessible to people with 

disabilities. Meetings are sign language 

interpreted with real-time transcription 

and assistive listening devices available. 

Meeting agendas and handout materials 

are provided in accessible formats. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

Federal Communications Commission 

Catherine W. Seidel, 

Chief, Consumer & Governmental Affairs 

Bureau. 

[FR Doc. E9–940 Filed 1–15–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 08–214; DA 08–2805; File 

No. CSR–7709–P et al.] 

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 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document finds that the 

Administrative Law Judge exceeded his 

authority by setting a hearing date 

beyond the 60-day deadline specified in 

the Hearing Designation Order for 

issuing a recommended decision 

regarding the above-captioned program 

carriage disputes and orders that the 

Media Bureau will proceed to resolve 

these disputes without the benefit of a 

recommended decision from the ALJ. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Steven Broeckaert, 

Steven.Broeckaert@fcc.gov, or David 

Konczal, David.Konczal@fcc.gov, of the 

Media Bureau, Policy Division, (202) 

418–2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Memorandum Opinion 

and Order, DA 08–2805, adopted and 

released on December 24, 2008. 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 fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis of the Order 

I. Introduction 

1. On October 10, 2008, the Media 

Bureau issued a Memorandum Opinion 

and Hearing Designation Order 

(‘‘HDO’’) in the above captioned 

matters. 73 FR 65312, November 3, 

2008. The HDO, among other things, 

referred certain program carriage 

disputes to an Administrative Law 

Judge (‘‘ALJ’’) to resolve factual disputes 

as to whether the defendant cable 

operators had discriminated against the 

complainant video programmers in 

violation of the Commission’s program 

carriage rules. 73 FR 65312, 65318, 

65327, November 3, 2008. The HDO 

ordered the ALJ to make and return a 

recommended decision to the 

Commission within 60 days of the 

release date of the HDO, i.e., by 

December 9, 2008. Unfortunately, the 

ALJ has not issued a recommended 

decision by the deadline but, instead, 

has set a date to begin a hearing more 

than three months past the HDO’s 

deadline without indicating when a 

recommended decision will be released. 

Herring Broadcasting, Inc. v. Time 

Warner Cable Inc. et al., Order, MB 

Docket No. 08–214, FCC 08M–50 (rel. 

Dec. 2, 2008). Maintaining that 

administrative delay will cause harm to 

the programmers, complainant Herring 

Broadcasting, Inc. d/b/a WealthTV 

(‘‘WealthTV’’) filed a motion to revoke 

the HDO and complainant TCR Sports 

Broadcasting Holding, L.L.P., d/b/a MidAtlantic Sports Network (‘‘MASN’’) 

filed a motion to reconsider the HDO, 

requesting that the Commission or the 

Media Bureau reclaim jurisdiction over 

the matters. 

2. For the reasons stated below, we 

find the ALJ exceeded his authority by 

setting a hearing date beyond the HDO’s 

60-day deadline for issuing a 

recommended decision. The ALJ’s 

limited authority to consider these 

matters extended through December 9, 

2008. That deadline has passed, and the 

ALJ’s delegated authority over these 

hearing matters has thus expired under 

the terms of the HDO. Accordingly, the 

Media Bureau will proceed to resolve 

the above-captioned program carriage 

disputes without the benefit of a 

recommended decision from the ALJ. 

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