Click here for Adobe Acrobat version
Click here for Microsoft Word version

Click here for statement by Commissioners Copps & Adelstein

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
COMCAST CORPORATION              )    NAL/Acct. No. 200532080004
                                )    File No. EB-03-IH-0558
Operator of Cable Television     )    FRN No.  0006329247
Systems in Numerous Communities  )

                              ORDER

Adopted:  October 21, 2004              Released:  October 22, 
2004

By the Chief, Enforcement Bureau:


     1.   As a result of the Commission's receipt of a complaint 
jointly filed on November 26, 2003, by the Communications Workers 
of America and the International Brotherhood of Electrical 
Workers (the ``Complaint''), the Enforcement Bureau has been 
investigating whether Comcast Corporation (``Comcast''), which 
operates various cable television systems through subsidiary 
entities, may have willfully and repeatedly violated the 
requirements of the cable public inspection file rules, 47 C.F.R. 
 76.1700 et seq. 
 
     2.   The Bureau and Comcast have negotiated the terms of a 
Consent Decree, a copy of which is attached hereto and 
incorporated by reference.  After reviewing the terms of the 
Consent Decree, we find that the public interest would be served 
by approving the Consent Decree and terminating the captioned 
investigation.  We also conclude that, in the absence of material 
new information not previously disclosed to the Bureau, the 
matters raised in the investigation do not raise any substantial 
and material questions of fact regarding Comcast's qualifications 
to be a Commission licensee.

     3    Accordingly, IT IS ORDERED, pursuant to Section 4(i) of 
the Communications Act of 1934, as amended,1 that the attached 
Consent Decree IS ADOPTED.

     4.   IT IS FURTHER ORDERED that the above-captioned 
investigation involving Comcast IS TERMINATED, and that the 
Complaint and all related filings ARE DISMISSED WITH PREJUDICE.  

                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau

                         CONSENT DECREE

     1.   The Enforcement Bureau of the Federal Communications 
Commission and Comcast Corporation hereby enter into this Consent 
Decree for the purpose of resolving and terminating an 
investigation currently being conducted by the Enforcement Bureau 
regarding alleged violations by Comcast of the Cable Public File 
Rule, as defined herein.  

     2.   For purposes  of  this Consent  Decree,  the  following 
definitions shall apply:

          1)a.      ``Act'' means the Communications Act of 1934, 
               as amended, 47 U.S.C.  151 et seq.
          1)b.      ``Adopting Order'' means an order of the 
               Bureau adopting this Consent Decree, without any 
               modifications adverse to Comcast. 
          1)c.      ``Any'' shall be construed to include the 
               word ``all,'' and the word ``all'' shall be 
               construed to include the word ``any.''  
               Additionally, the word ``or'' shall be construed 
               to include the word ``and,'' and the word ``and'' 
               shall be construed to include the word ``or.''  
               The word ``each'' shall be construed to include 
               the word ``every,'' and the word ``every'' shall 
               be construed to include the word ``each.''
          1)d.      ``Bureau'' means the FCC's Enforcement 
               Bureau.
          1)e.      ``Cable Operator'' has the definition 
               contained in 47 U.S.C.  522(5).
          1)f.      ``Cable Public File Rule'' refers to the 
               provisions of 47 C.F.R.  76.1700 et seq., which 
               require that an operator of a cable television 
               system having more than one thousand subscribers 
               maintain for public inspection a file containing 
               certain records.
          1)g.      ``Commission'' or ``FCC'' means the Federal 
               Communications Commission.
          1)h.      ``Comcast'' means Comcast Corporation and its 
               direct and indirect subsidiaries that are Cable 
               Operators.
          1)i.      ``Complaint'' means the November 26, 2003, 
               joint complaint filed with the Commission by the 
               Communications Workers of America and the 
               International Brotherhood of Electrical Workers.
          1)j.      ``Complainants'' means the Communications 
               Workers of America and the International 
               Brotherhood of Electrical Workers.
          1)k.      ``Effective Date'' means the date on which 
               the Bureau releases the Adopting Order.
          1)l.      ``Final Order'' means that, with respect to 
               the Adopting Order: (1) no request for stay or 
               similar request is pending, no stay is in effect, 
               the Adopting Order has not been vacated, reversed, 
               set aside, annulled or suspended, and any deadline 
               for filing such request that may be designated by 
               statute or regulation has passed; (2) no timely 
               petition for rehearing or reconsideration of the 
               Adopting Order, or protest of any kind, is pending 
               before the FCC and the time for filing any such 
               petition or protest is passed; (3) the FCC does 
               not have the Adopting Order under reconsideration 
               or review on its own motion and the time for such 
               reconsideration or review has passed; and (4) the 
               Adopting Order is not then under judicial review, 
               there is no notice of appeal or other application 
               for judicial review pending, and the deadline for 
               filing such notice of appeal or other application 
               for judicial review has passed. 
          1)m.      ``Investigation'' means the Bureau's 
               investigation, in its File No. EB-03-IH-0558, of 
               violations alleged in the Complaint that resulted 
               in letters of inquiry being sent by the Bureau to 
               Comcast on December 5, 2003, and May 27 and August 
               13, 2004.
          1)n.      ``Parties'' means the Bureau and Comcast 
               collectively, and ``Party'' refers to the Bureau 
               and Comcast, individually. 


I.   BACKGROUND

     3.   On November 26, 2003, Complainants filed their 
Complaint with the Commission.  The Complaint stated that the 
Complainants are labor organizations that represent about 2000 
Comcast employees and that their members are also consumers of 
cable services.  The Complaint reported that, on October 29, 
2003, Complainants' representatives visited 225 separate Comcast 
offices and requested to inspect public files and allegedly found 
violations of the Cable Public File Rule in numerous offices.

     4.   On December 5, the Bureau directed Comcast to address 
the allegations contained in the Complaint.  Comcast filed its 
response on December 22, to which the Complainants filed a reply 
on January 20, 2004. After reviewing Comcast's response and the 
Complainants' reply, the Bureau issued a letter of inquiry to 
Comcast on May 27, to which Comcast responded on July 6.  On 
August 13, the Bureau issued a supplemental letter of inquiry, to 
which Comcast responded on August 25.

     5.   In its responses to the Complaint and to the Bureau's 
inquiries, Comcast maintained that, in the vast majority of 
situations cited by the Complainants, Comcast had complied with 
the Cable Public File Rule.  In particular, Comcast contended 
that the rule does not require that a public file be maintained 
at every office, or in every community, but instead requires that 
a public file be maintained at only one location per "system."  
Comcast represented that, in several markets, local personnel had 
consolidated the public inspection files of a number of cable 
systems in the company's principal administrative offices located 
outside of the service areas of the systems.   Comcast also 
stated that, in some cases, the system file documenting political 
ad sales was maintained at the location where advertising sales 
were made rather than where the remainder of the system public 
file was situated.  Comcast also represented that, in a small 
number of cases, it did not make its system public files 
accessible to Complainants' representatives on October 29, 2003 
as promptly as they should have been.  Comcast fully reported 
these circumstances in its responses to the Bureau.

     6.   The Parties acknowledge that a consent decree to 
address the matters that are the subject of the Investigation is 
in the public interest.  The Parties agree that continuation of 
the Investigation and any further proceedings will be time-
consuming and will require substantial expenditure of public and 
private resources.  In order to conserve such resources, to 
resolve the Investigation, and to promote Comcast's future 
compliance with the Cable Public File Rule, the Parties are 
entering into this Consent Decree, in consideration of the mutual 
commitments made herein.

II.  AGREEMENT

     7.   The Parties agree that the provisions of this Consent 
Decree shall be subject to approval by the Bureau by 
incorporation of such provisions by reference in an Adopting 
Order.

     8.   The Parties agree that this Consent Decree shall become 
effective on the Effective Date and shall remain in effect for 
three (3) years thereafter.  Upon release, the Adopting Order and 
this Consent Decree shall have the same force and effect as any 
other orders of the Bureau and any violation of the terms of this 
Consent Decree shall constitute a violation of a Commission 
order, entitling the Commission or the Bureau, pursuant to 
delegated authority, to exercise any rights and remedies 
attendant to the enforcement of a Commission order.

     9.   As part of the Adopting Order, the Bureau shall 
terminate the Investigation and dismiss the Complaint and all 
related filings.  From and after the Effective Date, in the 
absence of the discovery of material new information not 
previously disclosed to the Bureau, the Bureau shall not, either 
on its own motion or in response to any petition, third-party 
objection, complaint, or other information, initiate any 
inquiries, investigations, forfeiture proceedings, hearings, or 
other actions, formal or informal, against Comcast for alleged 
violations of the Cable Public File Rule prior to the Effective 
Date.  The Bureau shall not use the underlying facts or conduct 
relating to any of the foregoing prior to the Effective Date for 
any purpose relating to Comcast, and shall treat all such matters 
as null and void for all purposes. 

     10.  Comcast represents that, in addition to its existing 
policies and procedures,  it has adopted, is currently in the 
process of implementing, and agrees to abide by a compliance plan 
(the ``Compliance Plan'') for the purpose of ensuring compliance 
with the Cable Public File Rule, which is set forth in the 
Appendix attached hereto.  Comcast agrees, to the extent it has 
not already done so, to implement this Compliance Plan no later 
than thirty (30) days after the Effective Date and to keep such 
Compliance Plan in effect, where applicable, for three (3) years 
after the Effective Date.  Comcast reserves the right to revise 
the Plan from time to time, provided that the Bureau shall be 
given not less than thirty (30) days advance written notice of 
any material revisions to the plan.  

     11.  Within five (5) business days after the Adopting Order 
becomes a Final Order, Comcast shall make a voluntary 
contribution (not a  forfeiture or a penalty) to the United 
States Treasury in the amount of Two Hundred Twenty-Five Thousand 
Dollars ($225,000.00). The payment must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission. The payment must include Acct. No. 
200532080004 and FRN No. 0006329247. Payment by check or money 
order may be mailed to Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, Illinois 60673-7482. Payment by overnight mail may be 
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor Mailroom, 
Chicago, Illinois 60661. Payment by wire transfer may be made to 
ABA Number 071000013, receiving bank Bank One, and account number 
1165259. With the exception, pursuant to Paragraph 8 hereof, of 
any action taken as the result of the Bureau's discovery of 
material new information not previously disclosed to it, the 
Bureau agrees not to seek any further voluntary or involuntary 
contributions or payments from Comcast to the United States 
Treasury for alleged violations of the Cable Public File Rule 
prior to the Effective Date. Comcast's decision to enter into 
this Consent Decree is expressly contingent upon the issuance of 
an Adopting Order by the Bureau which adopts this Consent Decree 
without change, addition or modification.

     12.  Comcast waives any and all rights it may have to seek 
administrative or judicial reconsideration, review, appeal or 
stay, or to otherwise challenge or contest the validity of this 
Consent Decree and the Adopting Order, provided no modifications 
are made to the Consent Decree materially adverse to Comcast 
prior to the Effective Date.  If the Bureau, the Commission, or 
the United States acting on its behalf, brings a judicial action 
to enforce the terms of the Adopting Order or this Consent 
Decree, or both, Comcast will not contest the validity of this 
Consent Decree or of the Adopting Order.  If Comcast brings a 
judicial action to enforce the terms of the Adopting Order or 
this Consent Decree, or both, neither the Bureau, the Commission 
nor  the United States will contest the validity of this Consent 
Decree or of the Adopting Order.  Comcast retains the right to 
challenge the Bureau or the Commission's interpretation of this 
Consent Decree or interpretation of any terms contained therein.  
Nothing herein shall restrict Comcast from challenging on any 
basis, any future enforcement action relating to the Cable Public 
File Rule, except as otherwise provided herein.                                                                                                              

     13.  The Parties agree that this Consent Decree does not 
constitute either an adjudication on the merits or a factual or 
legal determination regarding any compliance or noncompliance by 
Comcast with the requirements of the Act  or the Cable Public 
File Rule prior to the Effective Date.  The Parties agree that 
this Consent Decree and Comcast's voluntary contribution are for 
settlement purposes only and that, by agreeing to this Consent 
Decree, Comcast does not admit or deny any wrongdoing, non-
compliance or violation of the Act or the Public File Rule in 
connection with the matters that are the subject of this Consent 
Decree.

     14.  In the event that this Consent Decree is rendered 
invalid in any court of competent jurisdiction, it shall become 
null and void and may not be used in any manner in any legal 
proceeding.

     15.  Comcast hereby agrees to waive any claims it may 
otherwise have under the Equal Access to Justice Act, 5 U.S.C.  
504 and 47 C.F.R.  1.1501 et seq., relating to the matters 
addressed in this Consent Decree.

     16.  Each Party represents and warrants to the other that it 
has full power and authority to enter into this Consent Decree.

     17.  This Consent Decree may be executed in counterparts.

FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU


By:   _________________________________________   
     David H. Solomon, Chief
     Date:  ________________________________


COMCAST CORPORATION


By:  _________________________________________
     Arthur R. Block, Senior Vice President and General Counsel
     Date:  _________________________________                            APPENDIX
                       COMCAST CORPORATION
                         COMPLIANCE PLAN

Within thirty (30) days of the Effective Date, except as 
otherwise noted below, Comcast will review all public inspection 
file procedures and personnel training practices and will modify 
and implement them as appropriate to ensure that the public 
inspection file for each Comcast technically integrated cable 
system will be complete, up-to-date, and promptly available to 
the public during normal business operations at a location within 
the geographic area served by that system.  In particular, 
Comcast will complete and implement the following measures within 
that timeframe to ensure future compliance with the Commission's 
Cable Public File Rule:

(a) Compliance Manual:   Comcast will revise its Compliance 
Manual to include the following information: Employee Training, 
Instruction Cards, Delegations of Authority, Consumer Information 
and Review and Monitoring.

(b) Employee Training: Comcast will develop and conduct Public 
File Awareness Training regarding public inspection file 
locations and access procedures for employees working at Comcast 
offices who have on-site customer contact such as receptionists 
and front counter personnel.  Comcast will also train several 
employees at each public inspection file location on public 
inspection file maintenance and public file access procedures, 
Public File Awareness Training and training on public inspection 
file maintenance and access procedures will be completed within 
ninety (90) days of the Effective Date. New or transferred 
employees in these positions will undergo such training within 
thirty (30) days of their commencement of work at the position.

(c) Instruction Cards:  To ensure consistent and timely access to 
the public inspection files, Comcast will provide all employees 
who have customer contact at each public inspection file location 
with an instruction card to advise them about public inspection 
file access procedures.  Comcast will also provide employees at 
other Comcast system offices who have customer contact with a 
card providing the address of and directions to the location 
within the system at which the file is maintained.  

(d) Delegations of Authority:  In addition to the aforementioned 
training programs, each Comcast Division will implement a program 
for its systems to ensure familiarity with Comcast Policies and 
FCC Regulations governing public inspection files.  Comcast will 
designate a Public Inspection File Coordinator for each Division 
who will coordinate the training and oversee the public file 
activities of all Comcast employees having public inspection file 
responsibilities within the Division.  

(e) Consumer Information:  Comcast will maintain a sign which is 
in conspicuous public view at all offices serving the public 
identifying the location of the Public Inspection File  for each 
system as of the Effective Date.  Within sixty (60) days of the 
Effective Date, Comcast will also post the locations of all 
Public Inspection Files at its company webpage at 
www.Comcast.com.  As soon as practicable, but in no event later 
than one hundred twenty (120) days of the Effective Date, Comcast 
will also notify each customer in writing of the location of the 
public inspection file of the customer's system and will do so 
annually thereafter. 

(f) Review and Monitoring:  To ensure that these policies are 
implemented and maintained, Comcast will augment its existing 
internal audit program to provide for at least one Public 
Inspection File audit per year by each system's Divisional safety 
contact and a monthly inspection by each system's Public 
Inspection File administrator.





_________________________

1 47 U.S.C.  154(i).