Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
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
)
)
) File No.: EB-11-IH-0163
In the Matter of
) Acct. No.: 201232080025
Comcast Corporation
) FRN: 0015401581
)
)
ORDER
Adopted: June 27, 2012 Released: June 27, 2012
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau (Bureau) and Comcast Corporation
(Comcast). The Consent Decree resolves and terminates an investigation
by the Bureau into possible violations of certain of the requirements
that the Commission imposed on Comcast as a part of the order
approving the assignment and transfer of control of licenses of NBC
Universal, Inc., from General Electric Company to Comcast.
2. The Bureau and Comcast have negotiated a Consent Decree that resolves
this matter. A copy of the Consent Decree is attached hereto and
incorporated by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation.
4. In the absence of material new evidence relating to this matter, we,
the Bureau, conclude that our investigation raises no substantial or
material questions of fact as to whether Comcast possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, and Sections 0.111 and 0.311
of the Commission's rules, the Consent Decree attached to this Order
IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that all third-party complaints against Comcast
before the Enforcement Bureau related to the above-captioned
investigation as of the date of this Consent Decree ARE DISMISSED.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by both First Class and Certified Mail, Return Receipt
Requested, to Lynn R. Charytan, Vice President, Legal Regulatory
Affairs and Senior Deputy General Counsel, Comcast Corporation, 300
New Jersey Avenue, N.W., Suite 700, Washington, D.C. 20001-2030; and
to David H. Solomon, Esquire, and J. Wade Lindsay, Esquire, Wilkinson
Barker Knauer, LLP, counsel for Comcast Corporation, Wilkinson Barker
Knauer LLP, 2300 N Street, N.W., Suite 700, Washington, D.C. 20037.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
) File No.: EB-11-IH-0163
In the Matter of
) Acct. No.: 201232080025
Comcast Corporation
) FRN: 0015401581
)
)
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
Comcast Corporation, by their respective authorized representatives,
hereby enter into this Consent Decree for the purpose of terminating the
Enforcement Bureau's investigation into Comcast's compliance with the
Standalone Broadband Internet Access Service Condition contained in the
order approving the transfer of control, and assignment of licenses, of
NBC Universal, Inc., from General Electric Company to Comcast.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
(a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S:
151 et seq.
b. "Adopting Order" means an order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Broadband Internet Access Service" has the same meaning as provided
in the definition section of Appendix A to the Comcast-NBCU Order.
d. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
e. "Comcast-NBCU Order" means the Commission item released January 20,
2011, entitled Applications of Comcast Corporation, General Electric
Company, and NBC Universal, Inc. for Consent to Assign Licenses and
Transfer Control of Licenses, Memorandum Opinion and Order, 26 FCC Rcd
4238 (2011).
f. "Comcast" or "Company" means Comcast Corporation and its subsidiaries
and affiliates.
g. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
h. "Communications Laws" means, collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which Comcast is subject by virtue of its business activities,
including but not limited to, the Standalone Broadband Internet Access
Service Condition.
i. "Compliance Officer" means the senior corporate manager appointed by
Comcast as described in this Consent Decree at Paragraph 17(a).
j. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at Paragraph 17.
k. "Compliance Report" means the reporting described in this Consent
Decree at Paragraph 19.
l. "Customer Service Representative" means Comcast employees whose job
responsibilities, on a regular basis, are to respond to customer
inquiries and complaints directed from customers to Comcast's internal
call centers (e.g., 1-800-Xfinity or via web chat) about Comcast
video, Internet, and wireline telephone products and services and
accepting customer orders for such products or services.
m. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
n. "Investigation" means the investigation into matters addressed in the
Bureau's letter of inquiry dated March 31, 2011, and supplemental
letters of inquiry dated July 29, 2011, and February 24, 2012,
regarding Comcast's compliance with the Standalone Broadband Internet
Access Condition.
o. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Comcast to implement
this Consent Decree.
p. "Parties" means Comcast and the Bureau, and each is a "Party."
q. "Performance Starter" means Comcast's retail Broadband Internet Access
Service tier of at least 6 Mbps down at a price no greater than $49.95
per month.
r. "Product List" means any Rate Card or Rate Change Notification, or
other similar brochure or mailing distributed or otherwise made
available to Comcast's existing or prospective customers, that
identifies all or substantially all of Comcast's Broadband Internet
Access Services, provided that Rate Change Notifications that include
only Broadband Internet Access Services that are undergoing rate
changes shall not constitute Product Lists.
s. "Rate Cards" means notices that Comcast sends pursuant to 47 C.F.R. S:
76.1602(b).
t. "Rate Change Notifications" means notices that Comcast sends pursuant
to 47 C.F.R. S: 76.1603.
u. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
v. "Standalone Broadband Internet Access Service Condition" or
"Condition" means Section IV.D (1)-(3) of Appendix A of the
Comcast-NBCU Order.
II. BACKGROUND
2. In the Comcast-NBCU Order, released on January 20, 2011, the
Commission identified potential concerns associated with Comcast's
post-transaction incentives to require its customers interested in
purchasing broadband services to also purchase other bundled
services-to the detriment of customers who desired to purchase
Broadband Internet Access Service without also purchasing cable
television or other services. To remedy this potential harm, the
Commission imposed the Standalone Broadband Internet Access Condition.
The Condition required Comcast to continue to offer standalone
Broadband Internet Access Services at reasonable market-based prices
and specified that Comcast must offer standalone broadband services on
equivalent terms and conditions to packages that bundle broadband and
video cable service for seven years.
3. The Condition also required, inter alia, that Comcast "shall offer a
service of at least 6 Mbps down at a price no greater than $49.95 [per
month] for three years (provided that the price can be increased by no
more than any increase in the CPI-U for Communications after two
years)," and that Comcast "shall visibly offer and actively market
standalone retail Broadband Internet Access Service, including but not
limited to (i) providing a linkable web page devoted exclusively to
describing (e.g., price and speed) and permitting online purchase of
all retail Broadband Internet Access Service standalone options; (ii)
running at least one major advertising promotion of the standalone
retail Broadband Internet Access Service offering annually; and (iii)
ensuring that the standalone Broadband Internet Access Service
offering appears with prominence equal to that of bundled offerings on
any product list or in any window, menu or other similar place on any
call center screen."
4. The record indicates that on February 21, 2011, Comcast began offering
the required 6 Mbps down/$49.95 per month standalone broadband service
tier, known as "Performance Starter," in every market in Comcast's
service territory in which Comcast offers Broadband Internet Access
Service. As with other standalone, multi-product, and bundled
Broadband Internet Access Service tiers, the Company offers
Performance Starter through its Customer Service Representatives and
outsourced call center vendors, through its website, and through its
owned and operated retail locations.
5. In the weeks following Comcast's launch of the Performance Starter
service pursuant to the Comcast-NBCU Order, the Bureau received
information raising potential concerns about the extent of Comcast's
compliance with the Condition. The Bureau therefore initiated an
investigation relating to some potential compliance issues,
specifically: whether all Customer Service Representatives were
providing information concerning the Performance Starter service in
responding to consumers inquiring about Internet service options;
whether Comcast had omitted the Performance Starter service on some
Rate Cards distributed after the initiation of that service; and
whether Comcast's website readily enabled existing (as opposed to new)
customers to find information about the Performance Starter service.
6. The Bureau issued the first of three Letters of Inquiry (LOI) on March
31, 2011, to obtain more complete information regarding Comcast's
compliance with the Standalone Broadband Internet Access Condition and
Comcast's offering and marketing of its Performance Starter service
and other Standalone Broadband Internet Access Services generally.
Comcast responded to the LOI with submissions dated April 22, 2011;
May 2, 2011; May 6, 2011; and June 2, 2011. The Bureau issued a
Supplemental LOI on July 29, 2011, and a Second Supplemental LOI on
February 24, 2012. Comcast responded to the Supplemental LOI with a
submission dated September 19, 2011, and to the Second Supplemental
LOI with submissions dated March 7, 2012 and March 21, 2012. Comcast
also submitted additional information for the record on December 16,
2011 and February 6, 2012.
7. In response to the Bureau's investigation, Comcast submitted the
following: Comcast launched Performance Starter service on February
21, 2011. Comcast's call center screens included standalone Broadband
Internet Access Service offerings, including Performance Starter, with
prominence equal to that of bundled offerings as of February 21, 2011.
Comcast instructed its Customer Service Representatives to take
mandatory training regarding its Performance Starter service tier.
8. Comcast interpreted the requirement of the Condition regarding
"product lists" to include only those "product lists" that were "on
any call center screen." From February 21, 2011 through April 10,
2011, not all of the Rate Cards that Comcast distributed pursuant to
Section 76.1602(b) of the Commission's rules that included all of
Comcast's other Broadband Internet Access Service offerings
referenced, or had a separate insert regarding, Performance Starter.
Although Comcast supplemented or updated some of such Rate Cards that
omitted Performance Starter, it did not supplement or update all of
such Rate Cards. All new Rate Cards that Comcast distributed after
April 10, 2011 that included all other Broadband Internet Access
Service offerings did include, or have a separate insert regarding,
Performance Starter.
9. Comcast has maintained a linkable web page devoted exclusively to
describing (e.g., price and speed) and permitting online purchase of
Comcast's standalone Broadband Internet Access Service options,
accessible through its "New Customer Offers page," since at least
2003. Comcast added Performance Starter to this standalone Broadband
Internet Access Service web page by the February 21, 2011 launch of
Performance Starter. At that time, however, Comcast did not have a
distinct "direct link" to its standalone Broadband Internet Access
Service options, including Performance Starter, from its "Current
Customer Offers" web page. In response to informal inquiries from the
Commission regarding the availability of online information about the
Performance Starter service for existing customers, Comcast took steps
to remedy this on March 16, 2011, and April 14, 2011, thereby making
information regarding Performance Starter and its other standalone
Broadband Internet Access Service tiers more accessible to
then-current Comcast subscribers.
10. The Bureau considered the requirements and objectives of the
Condition, the information submitted by Comcast, its efforts to comply
with the Condition, and its full cooperation with the Investigation.
Nevertheless, the Bureau continued to have concerns regarding the
extent of Comcast's compliance with the Condition. This Consent Decree
provides additional steps that Comcast agrees to take for the benefit
of consumers in general and its subscribers in particular, and to
further the goals of the Standalone Broadband Internet Access Service
Condition.
III. TERMS OF AGREEMENT
11. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order
without change, addition, modification, or deletion.
12. Jurisdiction. Comcast agrees that the Bureau has jurisdiction over it
and the matters contained in this Consent Decree and has the authority
to enter into and adopt this Consent Decree.
13. Effective Date; Violations of this Consent Decree. The Parties agree
that this Consent Decree shall become effective on the Effective Date
as defined herein. Upon release and provided that the Consent Decree
is not rendered invalid by the Commission, the Adopting Order and this
Consent Decree shall have the same force and effect as any other order
of the Commission. Any violation of the Adopting Order or of the terms
of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and
remedies attendant to the enforcement of a Commission order.
14. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation. In consideration for the termination of the
Investigation and for the purposes of settling the matters set forth
herein, Comcast agrees to the terms, conditions, and procedures
contained in this Consent Decree. The Bureau further agrees that, in
the absence of new material evidence, the Bureau will not use the
facts developed in the Investigation through the Effective Date, or
the existence of this Consent Decree, to institute on its own motion
any new proceeding, formal or informal, or take any action on its own
motion against Comcast concerning the matters that were the subject of
the Investigation. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in the
Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against Comcast with
respect to Comcast's basic qualifications, including its character
qualifications, to be a Commission licensee or authorized common
carrier or hold Commission authorizations.
15. Extension of Merger Condition Requiring Performance Starter Service.
Comcast agrees to continue to offer the Performance Starter service
tier of at least 6 Mbps down at a price no greater than $49.95 per
month for an additional year beyond the requirement of the Condition,
that is, until February 21, 2015 (rather than February 21, 2014),
provided that the price can be increased by no more than any increase
in the CPI-U for Communications after August 21, 2013 (rather than
February 21, 2013).
16. Voluntary Contribution. Comcast agrees that it will make a voluntary
contribution to the United States Treasury in the amount of eight
hundred thousand dollars ($800,000). The contribution will be made no
later than thirty (30) days after the Effective Date. The payment must
be made by check or similar instrument, wire transfer, or credit card
and must include the Account Number and FRN referenced in the caption
to the Adopting Order. Payment by check or money order may be mailed
to Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001.
Regardless of the form of payment, an FCC Form 159 (Remittance Advice)
must be submitted. When completing the FCC Form 159, enter the Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Comcast must also send
electronic notification on the date said payment is made to
Terry.Cavanaugh@fcc.gov, Jeffrey.Gee@fcc.gov, Anjali.Singh@fcc.gov,
and William.Knowles-Kellett@fcc.gov.
17. Compliance Plan. Comcast agrees that it shall, within thirty (30)
calendar days of the Effective Date, develop and implement a
Compliance Plan designed to ensure further compliance with the
Condition and the terms and conditions of this Consent Decree. The
other conditions and related requirements set forth in the
Comcast-NBCU Order remain in place. Consistent with the goals of the
Comcast-NBCU Order, the Compliance Plan shall include, without
limitation, the following components:
a. Compliance Officer. Comcast agrees to maintain a Compliance Officer
who shall be responsible for developing, implementing, and
administering the Compliance Plan and ensuring that Comcast complies
with the terms and conditions of the Compliance Plan and this Consent
Decree. In addition to the general knowledge of the Communications
Laws necessary to discharge his/her duties under this Consent Decree,
the Compliance Officer has knowledge about the Condition.
b. Operating Procedures. Within sixty (60) calendar days after the
Effective Date, Comcast shall establish Operating Procedures to carry
out the terms of this Consent Decree.
c. Compliance Manual. Within sixty (60) calendar days after the Effective
Date, the Compliance Officer shall oversee the development of
guidelines for the implementation of this Consent Decree and
distribute them to employees who Comcast determines in its discretion
are relevant recipients.
d. Compliance Training.
i. Training of Customer Service Representatives. Beginning no later
than thirty (30) days after the Effective Date, Comcast shall
direct its Customer Service Representatives to take a mandatory
Performance Starter online refresher training module through its
learning portal. The purpose of such training shall be to
reinforce the Customer Service Representatives' awareness and
familiarity with the Performance Starter service. Comcast shall
take commercially reasonable steps to ensure that its Customer
Service Representatives complete such training no later than
ninety (90) days after the Effective Date. Comcast shall direct
its Customer Service Representatives to repeat the compliance
training on an annual basis. Comcast, as part of its initial
training of new Customer Service Representatives, shall take
commercially reasonable steps to provide such individuals with
training regarding the Performance Starter service tier before
such new employees have contact with customers on an unsupervised
basis (i.e., without a supervisor or trainer assisting them).
Comcast shall instruct its outsourced call center vendors to
similarly offer the instruction described in this Paragraph to
their personnel.
ii. Training of Retail Sales Personnel. Beginning no later than
thirty (30) days after the Effective Date, Comcast shall provide
to its retail sales personnel at Comcast owned and operated
retail locations training materials consistent with its standard
practices for such personnel to reinforce the retail sales
personnel's awareness and familiarity with the Performance
Starter service. Comcast shall take commercially reasonable steps
to ensure that its existing retail sales personnel receive and
review such training materials within ninety (90) days of the
Effective Date. Comcast also shall provide such training
materials to its retail sales personnel on an annual basis.
Comcast shall provide such training materials to new retail sales
personnel at Comcast owned and operated retail locations within
thirty (30) days of such personnel becoming retail sales
personnel at such location.
e. Product Lists. Comcast agrees to continue to identify the Performance
Starter service tier on Rate Cards to the extent that Comcast
voluntarily identifies all or substantially all of its other Broadband
Internet Access Service tiers on such Rate Cards, and to identify the
Performance Starter tier on any other Product Lists. Rate Change
Notifications need not include Performance Starter unless Performance
Starter is also undergoing a rate change.
f. Web Pages. Comcast agrees that the linkable web page devoted
exclusively to describing (e.g., price and speed) and permitting
online purchase of all retail Broadband Internet Access Service
standalone options required under the Condition will continue to be
equally available to both new and existing Comcast subscribers.
g. Advertising Promotion. During 2013, Comcast shall conduct one
additional major advertising promotion of its standalone retail
Broadband Internet Access Service offering beyond the one required by
the Condition.
h. Availability of Performance Starter Service at Retail Stores. Comcast
shall continue to offer the Performance Starter service through its
owned and operated retail locations; and, no later than one hundred
twenty (120) days after the Effective Date and until February 21,
2015, Comcast shall offer the ability to sell Performance Starter
service to its third-party retail agents and independent dealers,
including independent resellers, provided that no such third-party
retail agent or independent dealer, including any independent
reseller, shall be obligated to offer the Performance Starter service
tier.
i. Termination Date. The requirements of Paragraph 15 and Paragraphs
17-19 shall expire February 21, 2015, except for the requirement in
Paragraph 19 herein regarding the 2016 Compliance Report, which shall
expire upon the filing of that report.
18. Reporting Noncompliance. Comcast shall report any noncompliance with
the terms and conditions of this Consent Decree within thirty (30)
calendar days after discovery of such noncompliance. Such reports
shall include a detailed explanation of (i) each instance of
noncompliance; (ii) the steps that Comcast has taken or will take to
remedy such noncompliance; (iii) the schedule on which such remedial
actions will be taken; and (iv) the steps that Comcast has taken or
will take to prevent the recurrence of any such noncompliance. All
reports of noncompliance shall be submitted to the Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, Room 4-C330, 445 12th Street, S.W.,
Washington, D.C. 20554, with a copy submitted electronically to
Theresa Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at
Jeffrey.Gee@fcc.gov, Anjali K. Singh at Anjali.Singh@fcc.gov, and to
William Knowles-Kellett at William.Knowles-Kellett@fcc.gov. The
reporting obligations set forth in this Paragraph shall expire on
February 21, 2015.
19. Compliance Reports. On or before February 22, 2013, 2014, 2015, and
2016, Comcast will submit an annual Compliance Report confirming its
compliance with the terms and conditions of this Consent Decree for
the period during the prior calendar year in which the Consent Decree
was in effect.
a. Each Compliance Report shall include a detailed description of
Comcast's efforts during the relevant period to comply with the terms
and conditions of this Consent Decree, including but not limited to
the percentage of Customer Service Representatives and retail sales
personnel that have been trained as described in Paragraph 17(d). In
addition, each Compliance Report shall include a certification by the
Compliance Officer, as an agent of and on behalf of Comcast, stating
that the Compliance Officer has personal knowledge that Comcast (i)
has established and implemented the Compliance Plan; (ii) has utilized
the Operating Procedures since their establishment pursuant to
Paragraph 17(b) hereof; and (iii) is not aware of any instances of
noncompliance with the terms and conditions of this Consent Decree,
including the reporting obligations set forth in Paragraph 18 hereof.
Comcast shall maintain for a period of twelve (12) months following
the submission of each Compliance Report the material documents and
materials relating to the representations made in each such Compliance
Report.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must comply
with Section 1.16 of the Rules and be subscribed to as true under
penalty of perjury in substantially the form set forth therein.
c. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of Comcast, shall
provide the Commission with a detailed explanation of the reason(s)
why and describe fully: (i) each instance of noncompliance; (ii) the
steps that Comcast has taken or will take to remedy such
noncompliance, including the schedule on which proposed remedial
action will be taken; and (iii) the steps that Comcast has taken or
will take to prevent the recurrence of any such noncompliance,
including the schedule on which such preventive action will be taken.
d. All Compliance Reports shall be submitted to the Chief, Investigations
and Hearings Division, Enforcement Bureau, Federal Communications
Commission, Room 4-C330, 445 12th Street, S.W., Washington, D.C.
20554, with a copy submitted electronically to Theresa Z. Cavanaugh at
Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Anjali
K. Singh at Anjali.Singh@fcc.gov, and to William Knowles-Kellett at
William.Knowles-Kellett@fcc.gov.
20. Waivers. 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 the Bureau issues an Adopting Order
adopting the Consent Decree without change, addition, modification, or
deletion. Comcast shall retain the right to challenge Commission
interpretation of the Consent Decree or any terms contained herein. If
either Party (or the United States on behalf of the Commission) brings
a judicial action to enforce the terms of the Adopting Order, neither
Comcast nor the Commission shall contest the validity of the Consent
Decree or the Adopting Order, and Comcast shall waive any statutory
right to a trial de novo. Comcast hereby agrees to waive any claims it
may have under the Equal Access to Justice Act, 5 U.S.C. S: 504 and 47
C.F.R. S: 1.1501 et seq., relating to the matters addressed in this
Consent Decree.
21. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
22. Subsequent Rule or Order. The Parties agree that, if any provision of
the Consent Decree conflicts with any subsequent Rule or order adopted
by the Commission (except an order specifically intended to revise the
terms of this Consent Decree to which Comcast does not expressly
consent), that provision will be superseded by such Commission Rule or
order.
23. Successors and Assigns. Comcast agrees that the provisions of this
Consent Decree shall be binding on its successors, assigns, and
transferees.
24. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties. The
Parties further agree that this Consent Decree does not constitute
either an adjudication on the merits or a factual or legal finding or
determination regarding any compliance or noncompliance with the
Communications Laws.
25. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
26. Paragraph Headings. The headings of the paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
27. Authorized Representative. The individual signing this Consent Decree
on behalf of Comcast represents and warrants that she is authorized by
Comcast to execute this Consent Decree and to bind Comcast to the
obligations set forth herein. The FCC signatory represents that she is
signing this Consent Decree in her official capacity and that she is
authorized to execute this Consent Decree.
28. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
____________________________
P. Michele Ellison
Chief
Enforcement Bureau
____________________________
Date
____________________________
Lynn R. Charytan
Vice President, Legal Regulatory Affairs and
Senior Deputy General Counsel
Comcast Corporation
____________________________
Date
Applications of Comcast Corporation, General Electric Company, and NBC
Universal, Inc. for Consent to Assign Licenses and Transfer Control of
Licenses, Memorandum Opinion and Order, 26 FCC Rcd 4238, 4362-63, Appendix
AS: IV.D (1)-(3) (2011).
47 U.S.C. S: 154(i).
47 C.F.R. S:S: 0.111, 0.311.
Applications of Comcast Corporation, General Electric Company, and NBC
Universal, Inc. for Consent to Assign Licenses and Transfer Control of
Licenses, 26 FCC Rcd 4238, 4362-63, Appendix AS: IV.D (1)-(3) (2011)
(Comcast-NBCU Order).
See id.
Letter from Jeffrey J. Gee, Deputy Chief, Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, to
Kathryn A. Zachem, Senior Vice President, Regulatory and State Legislative
Affairs, Comcast Corporation, File No. EB-11-IH-0163 (Mar. 31, 2011)
(LOI); Letter from Jeffrey J. Gee, Deputy Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission,
to Lynn R. Charytan, Vice President, Legal Regulatory Affairs, Comcast
Corporation, File No. EB-11-IH-0163 (July 29, 2011) (Supplemental LOI);
Letter from Jeffrey J. Gee, Deputy Chief, Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, to Lynn
R. Charytan, Vice President, Legal Regulatory Affairs, and Senior Deputy
General Counsel, Comcast Corporation, File No. EB-11-IH-0163 (Feb. 24,
2012) (Second Supplemental LOI).
See Comcast-NBCU Order, 26 FCC Rcd at 4362.
Id.
In the responses described below, Comcast indicated that it does not
currently offer certain tiers of Comcast products, including Performance
Starter, through third party retail stores and independent dealers,
including independent resellers.
See LOI, supra note 3. See also E-mail from William H. Davenport, Acting
Deputy Chief, Enforcement Bureau, Federal Communications Commission and
Eloise Gore, Associate Chief, Enforcement Bureau, Federal Communications
Commission, to David H. Solomon, Counsel for Comcast Corporation (Apr. 13,
2011, 18:42 EDT).
See Letter from Lynn R. Charytan, Vice President, Legal Regulatory
Affairs, Comcast Corporation, to Marlene H. Dortch, Secretary, Federal
Communications Commission (Apr. 22, 2011) (on file in EB-11-IH-0163);
Letter from Lynn R. Charytan, Vice President, Legal Regulatory Affairs,
Comcast Corporation, to Marlene H. Dortch, Secretary, Federal
Communications Commission (May 2, 2011) (on file in EB-11-IH-0163); Letter
from Lynn R. Charytan, Vice President, Legal Regulatory Affairs, Comcast
Corporation, to Marlene H. Dortch, Secretary, Federal Communications
Commission (May 6, 2011) (on file in EB-11-IH-0163); Letter from Lynn R.
Charytan, Vice President, Legal Regulatory Affairs, Comcast Corporation,
to Marlene H. Dortch, Secretary, Federal Communications Commission (June
2, 2011) (on file in EB-11-IH-0163).
See Supplemental LOI, supra note 3; Second Supplemental LOI, supra note 3.
See Letter from Lynn R. Charytan, Vice President, Legal Regulatory
Affairs, Comcast Corporation, to Marlene H. Dortch, Secretary, Federal
Communications Commission (Sept. 19, 2011) (on file in EB-11-IH-0163);
Letter from Lynn R. Charytan, Vice President, Legal Regulatory Affairs,
and Senior Deputy General Counsel, Comcast Corporation, to Marlene H.
Dortch, Secretary, Federal Communications Commission (Mar. 7, 2012) (on
file in EB-11-IH-0163); Letter from Lynn R. Charytan, Vice President,
Legal Regulatory Affairs, and Senior Deputy General Counsel, Comcast
Corporation, to Marlene H. Dortch, Secretary, Federal Communications
Commission (Mar. 21, 2012) (on file in EB-11-IH-0163).
Letter from Lynn R. Charytan, Vice President, Legal Regulatory Affairs,
and Senior Deputy General Counsel, Comcast Corporation, to Marlene H.
Dortch, Secretary, Federal Communications Commission (Dec. 16, 2011) (on
file in EB-11-IH-0163); Letter from Lynn R. Charytan, Vice President,
Legal Regulatory Affairs, and Senior Deputy General Counsel, Comcast
Corporation, to P. Michele Ellison, Chief, Enforcement Bureau, Federal
Communications Commission (Feb. 6, 2012) (on file in EB-11-IH-0163). The
Bureau and Comcast executed tolling agreements to toll the statute of
limitations on August 21, 2011 and February 29, 2012. See Tolling
Agreement, File No. EB-11-IH-0163, executed by and between Jeffrey J. Gee,
Deputy Chief, Investigations and Hearings Division, Enforcement Bureau,
Federal Communications Commission, and Justin Smith, Vice President,
Senior Deputy General Counsel, and Chief Joint Venture Compliance Officer,
Comcast Corporation (Aug. 15, 2011) (on file in EB-11-IH-0163); Tolling
Agreement Extension, File No. EB-11-IH-0163, executed by and between
Jeffrey J. Gee, Deputy Chief, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications Commission, and Lynn R.
Charytan, Vice President, Legal and Regulatory Affairs, and Senior Deputy
General Counsel, Comcast Corporation (Feb. 29, 2012) (on file in
EB-11-IH-0163).
Comcast reported that since February 21, 2011, both new and existing
Comcast customers have subscribed to Performance Starter. Comcast also
reported that, as required under the conditions of the Comcast-NBCU Order,
the company conducted its first required annual major advertising
promotion of the standalone retail Broadband Internet Access Service
offering in November 2011.
The Bureau did not agree with this interpretation.
See 47 C.F.R. S:S: 76.1602(b), 76.1603.
47 C.F.R. S: 1.16.
Federal Communications Commission DA 12-953
2
Federal Communications Commission DA 12-953
1
Federal Communications Commission DA 12-953
1
2
Federal Communications Commission DA 12-953