Federal Communications Commission Washington, D.C. 20554 NON-PUBLIC / FOR INTERNAL USE ONLY DRAFT – 7.19.07 7:30PM DA 07-3320 Released: July 23, 2007 CSR-7131-Z JetBroadband VA, LLC and JetBroadband WV, LLC c/o Nicole Paolini-Subramanya, Esq. Cinnamon Mueller 307 North Michigan Avenue, Suite 1020 Chicago, Illinois 60601 Dear Ms. Paolini-Subramanya: JetBroadband VA, LLC and JetBroadband WV, LLC (“JetBroadband), a cable operator with systems in Virginia and West Virginia, filed a petition requesting waiver of Section 76.1204(a)(1) of the Commission’s rules. JetBroadband bases its request on its plan to upgrade its systems with equipment developed by Beyond Broadband Technology (“BBT”). With this letter, I seek more information regarding BBT’s proposed solution, and grant an interim deferral of enforcement of Section 76.1204(a)(1) of the Commission’s rules to JetBroadband until September 1, 2007. The record indicates significant disagreement between the Consumer Electronics Association and BBT regarding the openness of BBT’s standards.1 We would like you to submit detailed information, by August 3, 2007, regarding the openness of BBT’s standards. You should include concrete examples that compare the openness of those standards with other open standards, such as those developed by the Institute of Electrical and Electronics Engineers, and any other information that will be helpful to our evaluation of this issue. Finally, I am cognizant of the difficulties that JetBroadband faces in complying with the July 1, 2007 deadline in Section 76.1204(a)(1) of the Commission’s rules.2 We will defer enforcement of the rule with respect to JetBroadband until September 1, 2007, while the Bureau reviews the information you will be submitting. Sincerely, Monica Shah Desai Chief, Media Bureau 1 See CEA Comments at 1, 3; BBT Reply at 4. 2 JetBroadband filed its waiver request before July 1, 2007, and as you state in that waiver request, JetBroadband is a small cable operator. Waiver Request at 6-7. 2 cc: William Bauer, President and Chief Executive Officer, Beyond Broadband Technology Seth Davidson, Counsel, Beyond Broadband Technology Julie Kearney, Senior Director and Regulatory Counsel, Consumer Electronics Association Robert Schwartz, Of Counsel, Consumer Electronics Association Mitchell L. Stoltz, Of Counsel, Consumer Electronics Association