65330 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices 

carriage-related remedial measures as 

are deemed appropriate; and 

(c) In light of the evidence adduced 

pursuant to the foregoing issues, to 

determine whether a forfeiture should 

be imposed on Comcast. 

32. If the ALJ requires Comcast to 

carry The Tennis Channel on its cable 

systems on a specific tier or to a specific 

number or percentage of subscribers, the 

ALJ shall determine whether such 

remedy would ‘‘require [Comcast] to 

delete existing programming from its 

system to accommodate carriage of’’ The 

Tennis Channel. 47 CFR 76.1302(g)(1). If 

the ALJ determines that this remedy 

would require Comcast to delete 

existing programming, then this remedy 

will be treated as Section 76.1302(g)(1) 

treats ‘‘mandatory carriage,’’ thus 

delaying the effectiveness of this 

remedy unless and until the decision of 

the ALJ is upheld by the Commission. 

In that event, if the Commission 

upholds the remedy ordered by the ALJ 

in its entirety, Comcast will be required 

to carry The Tennis Channel’s 

programming for an additional period 

equal to the time elapsed between the 

ALJ’s decision and the Commission’s 

ruling, on the terms and conditions 

approved by the Commission. 

33. It is further ordered, that pursuant 

to Section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), The Tennis Channel and 

Comcast Shall Each File with the Chief, 

Enforcement Bureau and Chief ALJ, by 

October 15, 2010, its respective 

elections as to whether it wishes to 

proceed to Alternative Dispute 

Resolution. The hearing proceeding Is 

Hereby Suspended during this time. If 

one or both of the parties do not elect 

ADR, then the hearing proceeding will 

commence on October 18, 2010. If both 

parties elect ADR, the hearing 

proceeding will remain suspended, and 

The Tennis Channel and Comcast shall 

update the Chief, Enforcement Bureau 

and Chief ALJ monthly on the status of 

the ADR process. Such updates shall be 

provided in writing and shall reference 

the MB docket number and file number 

assigned to this proceeding. If both 

parties elect ADR but fail to reach a 

settlement, the parties shall promptly 

notify the Chief, Enforcement Bureau 

and Chief ALJ in writing, and the 

proceeding before the ALJ will 

commence upon the receipt of such 

notification by the Commission. If both 

parties elect ADR and reach a 

settlement, the parties shall promptly 

notify the Chief, Enforcement Bureau, 

Chief ALJ, and Chief, Media Bureau in 

writing, and the hearing will be 

terminated upon the Media Bureau’s 

order dismissing the complaint 

becoming a final order. 

34. 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, The Tennis 

Channel and Comcast, in person or by 

their attorneys, Shall Each File with the 

Commission, by October 22, 2010, a 

written appearance stating that it will 

appear on the date fixed for hearing and 

present evidence on the issues specified 

herein, provided that, if both parties 

elect ADR, each party shall file such 

written appearance within five days 

after notifying the Chief, Enforcement 

Bureau and Chief ALJ that it has failed 

to settle the dispute through ADR. In 

light of the expedited basis of this 

hearing proceeding, the deadline for 

filing written appearances set forth in 

Section 1.221(c) of the Commission’s 

Rules, 47 CFR 1.221(c), is waived and 

replaced with the deadlines set forth 

above. In addition, Section 1.221(f) of 

the Commission’s Rules, 47 CFR 

1.221(f), provides that a ‘‘fee must 

accompany each written appearance 

filed with the Commission in certain 

cases designated for hearing.’’ However, 

neither the Act nor our rules specify a 

fee for hearings involving program 

carriage complaints. See 47 CFR 1.1104; 

see also 47 U.S.C. 158. Accordingly, 

neither The Tennis Channel nor 

Comcast is required to pay a fee in 

connection with the filing of their 

respective appearances in this 

proceeding. 

35. It is further ordered that, if The 

Tennis Channel fails to file a written 

appearance by the deadline specified 

above, or fails to file prior to the 

deadline either a petition to dismiss the 

above-captioned proceeding without 

prejudice, or a petition to accept, for 

good cause shown, a written appearance 

beyond such deadline, the 

Administrative Law Judge Shall Dismiss 

the above-captioned proceeding with 

prejudice for failure to prosecute. 

36. It is further ordered that, if 

Comcast fails to file a written 

appearance by the deadline specified 

above, or fails to file prior to the 

deadline a petition to accept, for good 

cause shown, a written appearance 

beyond such deadline, its opportunity 

to present evidence at hearing will be 

deemed to have been waived. If the 

hearing is so waived, the Presiding 

Judge shall expeditiously terminate this 

proceeding and certify to the 

Commission the captioned complaint 

for resolution based on the existing 

record. 

37. It is further ordered that in 

addition to the resolution of the issues 

(a) through (c) in paragraph 18 above, 

the Presiding Judge shall also 

determine, pursuant to Section 503(b) of 

the Communications Act of 1934, as 

amended, whether an Order for 

Forfeiture shall be issued against 

Comcast for each violation or each day 

of a continuing violation, except that the 

amount issued for any continuing 

violation shall not exceed the amount 

specified in Section 503(b)(2)(C), 47 

U.S.C. 503(b)(2)(C), for any single act or 

failure to act. 

38. It is further ordered that for the 

purposes of issuing a forfeiture, this 

document constitutes notice, as required 

by Section 503 of the Communications 

Act of 1934, as amended, 47 U.S.C. 503. 

39. It is further ordered that a copy of 

this Order shall be sent by Certified 

Mail—Return Receipt Requested and 

regular first class mail to (i) The Tennis 

Channel, 2850 Ocean Park Boulevard, 

Suite 150, Santa Monica, CA 90405, 

with a copy (including a copy via email) to Stephen A. Weiswasser, Esq., 

Covington and Burling LLP, 1201 

Pennsylvania Avenue, NW., 

Washington, DC 20004–2401 

(sweiswasser@cov.com); and (ii) 

Comcast Cable Communications, LLC, 

One Comcast Center, Philadelphia, PA 

19103, with a copy (including a copy 

via e-mail) to David P. Murray, Esq., 

Willkie Farr & Gallagher LLP, 1875 K 

Street, NW., Washington, DC 20006 

(dmurray@willkie.com). 

40. It is further ordered that the Chief, 

Enforcement Bureau, is made a party to 

this proceeding without the need to file 

a written appearance, and she shall have 

the authority to determine the extent of 

her participation therein. 

41. It is further ordered that a copy of 

this order or a summary thereof shall be 

published in the Federal Register. 

Federal Communications Commission. 

Nancy Murphy, 

Associate Chief, Media Bureau. 

[FR Doc. 2010–26766 Filed 10–21–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Sunshine Act Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

the Federal Deposit Insurance 

Corporation’s Board of Directors will 

meet in open session at 10 a.m. on 

Tuesday, October 19, 2010, to consider 

the following matters: 

Summary Agenda: No substantive 

discussion of the following items is 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices 65331 

anticipated. These matters will be 

resolved with a single vote unless a 

member of the Board of Directors 

requests that an item be moved to the 

discussion agenda. 

Disposition of Minutes of Previous 

Board of Directors’ Meetings 

Summary reports, status reports, 

reports of the Office of Inspector 

General, and reports of actions taken 

pursuant to authority delegated by the 

Board of Directors. 

Discussion Agenda 

Memorandum and resolution re: 

Restoration Plan and Notice of Proposed 

Rulemaking on Assessment Rates, 

Dividends and the Designated Reserve 

Ratio. 

The meeting will be held in the Board 

Room on the sixth floor of the FDIC 

Building located at 550 17th Street, 

NW., Washington, DC. 

This Board meeting will be Webcast 

live via the Internet and subsequently 

made available on-demand 

approximately one week after the event. 

Visit http://www.vodium.com/goto/fdic/ 

boardmeetings.asp to view the event. If 

you need any technical assistance, 

please visit our Video Help page at: 

http://www.fdic.gov/video.html. 

The FDIC will provide attendees with 

auxiliary aids (e.g., sign language 

interpretation) required for this meeting. 

Those attendees needing such assistance 

should call (703) 562–6067 (Voice or 

TTY), to make necessary arrangements. 

Requests for further information 

concerning the meeting may be directed 

to Mr. Robert E. Feldman, Executive 

Secretary of the Corporation, at (202) 

898–7043. 

Dated: October 12, 2010. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2010–26813 Filed 10–20–10; 11:15 am] 

BILLING CODE P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Notice 

AGENCY: Federal Election Commission. 

DATE AND TIME: Tuesday, October 19, 

2010, at 10 a.m. 

PLACE: 999 E Street, NW., Washington, 

DC. 

STATUS: This meeting will be closed to 

the public. 

ITEMS TO BE DISCUSSED: 

Compliance matters pursuant to 2 

U.S.C. 437g. 

Audits conducted pursuant to 2 

U.S.C. 437g, 438(b), and Title 26, U.S.C. 

Matters concerning participation in 

civil actions or proceedings or 

arbitration. 

Internal personnel rules and 

procedures or matters affecting a 

particular employee. 

* * * * * 

PERSON TO CONTACT FOR INFORMATION: 

Judith Ingram, Press Officer, Telephone: 

(202) 694–1220. 

Shawn Woodhead Werth, 

Secretary and Clerk of the Commission. 

[FR Doc. 2010–26435 Filed 10–21–10; 8:45 am] 

BILLING CODE 6715–01–M 

FEDERAL HOUSING FINANCE 

AGENCY 

[No. 2010–N–15] 

Federal Home Loan Bank Members 

Selected for Community Support 

Review 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Notice. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) is announcing the 

Federal Home Loan Bank (Bank) 

members it has selected for the 2010 

first round review cycle under the 

FHFA’s community support 

requirements regulation. This notice 

also prescribes the deadline by which 

Bank members selected for review must 

submit Community Support Statements 

to FHFA. 

DATES: Bank members selected for the 

review cycle under the FHFA’s 

community support requirements 

regulation must submit completed 

Community Support Statements to 

FHFA on or before December 6, 2010. 

ADDRESSES: Bank members selected for 

the 2010 first round review cycle under 

the FHFA’s community support 

requirements regulation must submit 

completed Community Support 

Statements to FHFA either by hard-copy 

mail at the Federal Housing Finance 

Agency, Housing Mission and Goals, 

1625 Eye Street, NW., Washington, DC 

20006, or by electronic mail at hmg

communitysupportprogram@fhfa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rona Richardson, Office Assistant, 

Housing Mission and Goals, Federal 

Housing Finance Agency, by telephone 

at 202–408–2945, by electronic mail at 

Rona.Richardson@FHFA.gov, or by 

hard-copy mail at the Federal Housing 

Finance Agency, 1625 Eye Street, NW., 

Washington, DC 20006. 

SUPPLEMENTARY INFORMATION: 

I. Selection for Community Support 

Review 

Section 10(g)(1) of the Federal Home 

Loan Bank Act (Bank Act) requires 

FHFA to promulgate regulations 

establishing standards of community 

investment or service Bank members 

must meet in order to maintain access 

to long-term advances. See 12 U.S.C. 

1430(g)(1). The regulations promulgated 

by FHFA must take into account factors 

such as the Bank member’s performance 

under the Community Reinvestment Act 

of 1977 (CRA), 12 U.S.C. 2901 et seq., 

and record of lending to first-time 

homebuyers. See 12 U.S.C. 1430(g)(2). 

Pursuant to section 10(g) of the Bank 

Act, FHFA has promulgated a 

community support requirements 

regulation that establishes standards a 

Bank member must meet in order to 

maintain access to long-term advances, 

and review criteria FHFA must apply in 

evaluating a member’s community 

support performance. See 12 CFR part 

1290. The regulation includes standards 

and criteria for the two statutory 

factors—CRA performance and record of 

lending to first-time homebuyers. 12 

CFR 1290.3. Only members subject to 

the CRA must meet the CRA standard. 

12 CFR 1290.3(b). All members, 

including those not subject to CRA, 

must meet the first-time homebuyer 

standard. 12 CFR 1290.3(c). 

Under the rule, FHFA selects 

approximately one-eighth of the 

members in each Bank district for 

community support review each 

calendar quarter. 12 CFR 1290.2(a). 

FHFA will not review an institution’s 

community support performance until it 

has been a Bank member for at least one 

year. Selection for review is not, nor 

should it be construed as, any 

indication of either the financial 

condition or the community support 

performance of the member. 

Each Bank member selected for 

review must complete a Community 

Support Statement and submit it to 

FHFA by the December 6, 2010 deadline 

prescribed in this notice. 12 CFR 

1290.2(b)(1)(ii) and (c). On or before 

November 5, 2010, each Bank will 

notify the members in its district that 

have been selected for the 2010 first 

round community support review cycle 

that they must complete and submit to 

FHFA by the deadline a Community 

Support Statement. 12 CFR 

1290.2(b)(2)(i). The member’s Bank will 

provide a blank Community Support 

Statement Form (OMB No. 2590–0005), 

which also is available on the FHFA’s 

Web site: http://www.fhfa.gov/webfiles/

2924/FHFAForm060.pdf. Upon request, 

the member’s Bank also will provide 


emcdonald on DSK2BSOYB1PROD with NOTICES