*Pages 1--3 from Microsoft Word - 59341.doc* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 06- 1734 Released: August 29, 2006 MEDIA BUREAU ACTION REQUEST FOR WAIVER OF 47 C. F. R. § 76.1204( a)( 1) FILED WITH THE COMMISSION CSR- 7042- Z/ CS Docket No. 97- 80 Comment Date: September 18, 2006 Reply Comment Date: September 28, 2006 The regulated, wholly- owned subsidiaries of Verizon Communications Inc. (collectively, “Verizon” or “Petitioner”) have filed a request pursuant to Section 629( c) of the Communications Act of 1934, as amended (the “Communications Act”), 1 for temporary waiver of the prohibition set forth in Section 76.1204( a)( 1) of the Commission’s rules on offering navigation devices that perform both conditional access and other functions. 2 Specifically, Verizon requests that the Commission waive the prohibition with respect to Verizon until an interoperable, open downloadable conditional access (“ DCAS”) solution is developed and deployed. 3 Verizon contends that waiver of the rule is necessary to facilitate the introduction of its FiOS TV multichannel video programming distribution service, which will increase competition in the market for the delivery of video programming. 4 Verizon also asserts that granting a waiver would not jeopardize the overall goal of Section 629 of the Communications Act 5 because Verizon’s existing customer base is small, grant of a waiver will not impact the effort of consumer electronics manufacturers to develop and deploy navigation devices specifically compatible with Verizon’s network, and Verizon’s customers will still be able to utilize CableCARD- compatible devices on Verizon’s network. 6 According to Verizon, waiver of the prohibition also would promote broadband deployment. 7 We seek comment on Verizon’s request. 1 47 U. S. C. § 549( c). 2 See Verizon’s Petition for Waiver of the Set- Top Box Integration Ban, 47 C. F. R. § 76. 1204( a)( 1) (filed Aug. 8, 2006) (“ Waiver Request”). 3 Id. at 33. 4 Id. at 9- 11. 5 47 U. S. C. § 549. 6 Waiver Request at 21- 22. 7 Id. at 25. 1 2 This proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex parte rules. See generally 47 C. F. R. §§ 1.1200- 1.1216. As a result of the permit- but- disclose status of this proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission’s rules applicable to non- restricted proceedings. 8 Comments and oppositions are due September 18, 2006. All filings should refer to the case identifier, CSR- 7042- Z, and CS Docket No. 97- 80 and must be submitted in CS Docket No. 97- 80. Pleadings sent via e- mail to the Commission will be considered informal and will not be part of the official record. Comments and oppositions filed must indicate that they have been served on Petitioner. All comments and oppositions must be served on counsel for Petitioner: Edward H. Shakin William H. Johnson 1515 North Court House Rd. Suite 500 Arlington, VA 22201 Helgi C. Walker Joshua S. Turner Wiley Rein & Fielding LLP 1776 K Street, NW Washington, DC 20006 Petitioner’s reply is due September 28, 2006. Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. 9 Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http:// www. fcc. gov/ cgb/ ecfs/ or the Federal eRulemaking Portal: http:// www. regulations. gov. Filers should follow the instructions provided on the website for submitting comments. For ECFS filers, in completing the transmittal screen, filers should include their full name, U. S. Postal service mailing address, and the applicable docket number: CS Docket No. 97- 80. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions, filers should send an e- mail to ecf@ fcc. gov, and include the following words in the body of the message: “get form”. A sample form and instructions will be sent in response. Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. The Commission’s contractor will receive hand- delivered or messenger- delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE, Suite 110, Washington, D. C. 20002. The 8 47 C. F. R. § 1.1206. 9 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97- 113, Report and Order, 13 FCC Rcd 11322, 11326, para. 8 (April 6, 1998). 2 3 filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12 th Street, SW, Washington, D. C. 20554. One copy of each pleading must be sent to Brendan Murray, Media Bureau, Room 4- C841, 445 12 th Street, S. W., Washington, D. C. 20554 or Brendan. Murray@ fcc. gov. Copies of the Waiver Request and any subsequently filed documents in this matter are also available for inspection in the Commission’s Reference Information Center: 445 12 th Street, S. W. Washington, D. C. 20554 (202) 418- 7092 Alternate formats of this Public Notice (computer diskette, large print, audio recording, or Braille) are available to persons with disabilities by contacting the Consumer and Governmental Affairs Bureau at (202) 418- 0530 or (202) 418- 7365 (TTY). For further information, contact Brendan Murray of the Media Bureau, (202) 418- 1573. Press inquiries should be directed to Rebecca Fisher of the Media Bureau, (202) 418- 2359. TTY: (202) 418- 7172 or (888) 835- 5322. -FCC- 3