Patton Boggs TechComm Industry Update - March 30, 2012

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In This Issue:

FCC Undertakes Review of Program Access Rules; FCC Seeks Comment on Clarifying Key Condition of Comcast-NBCU Merger Approval; FCC Revises FCC Forms 499-A and 499-Q; FCC Seeks More Information on SpectrumCo License Transfers; FCC Seeks Interoperability and Efficiency in Lower 700 MHz Band; FCC Adopts Rulemaking to Change Part 22 Wireless Licensing from Site-based to Geographic-based; FCC Proposes 40 MHz of Additional S-band Spectrum for Mobile Broadband, Spectrum to be Renamed “AWS-4”; Implementation of the Middle Class Tax Relief and Job Creation Act; Revisions Announced to TV Renewal Procedures and Application; FCC Acts to Implement Certain Provisions of Local Community Radio Act; FCC Proposal Regarding LightSquared's ATC Authority, Parties File Comments; and, FCC Extends Network Outage Reporting Rules to Interconnected VoIP Providers.

Excerpt from FCC Undertakes Review of Program Access Rules

The Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) seeking comment on whether to sunset or relax the prohibition on exclusive contracts involving satellitedelivered, cable-affiliated programming. Perhaps of broader interest to competitive multichannel video program distributions (MVPDs), the NPRM also seeks comment on potential revisions to the program access rules to better address alleged violations, including potentially discriminatory volume discounts and uniform price increases. The FCC asks whether the program access rules adequately address potentially discriminatory volume discounts and uniform price increases and, if not, how these rules should be revised to address these concerns. Competitive MVPDs have, in various proceedings, raised issues about the time, expense, and difficulty of bringing and maintaining program access complaints under the Commission’s rules.

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