OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
January 4,2010
The Honorable Sherrod Brown
United States Senate
713 Hart Senate Office Building
Washington, D.C. 20510
Dear Senator Brown:
Thank you for your letter regarding the Petitions for Declaratory Ruling that were filed
with the Commission concerning the carriage ofpublic, educational and governmental (PEG)
channels on multichannel video programming distribution systems. I agree with your view that
PEG channels are an important source for local programming and the Commission should ensure
that the channels receive equitable treatment consistent with the Communications Act and the
Commission's rules.
As you know, the City ofDearborn filed suit against Comcast Corporation in the U.S.
District Court for the Eastern District ofMichigan, challenging Comcast's plan to deliver PEG
channels in digital format while continuing to provide some services in analog format. Comcast
representatives recently notified the Commission that each Comcast cable television system in
Michigan generally will continue to deliver PEG channels in analog format on the basic service
tier until all channels on the basic tier are delivered in digital format. Comcast also submitted a
Status Report with the district court, advising it of Comcast's revised plan for PEG channels and
requesting a conference to expedite disposition ofthe case, to which the City of Dearborn filed a
response. The court has scheduled a Status and Scheduling Conference for January 10,2010,
and has ordered the parties to meet in advance ofthis date to prepare ajoint plan. Please be
assured that the Commission will closely monitor further developments in the district court
proceedings.
In the interim, the Commission's Media Bureau continues its review ofthe record with
respect to the remaining Petitions that are pending before the Commission. The Petitions, filed
by the Alliance for Community Media et al. and by the City ofLansing, Michigan, raise complex
and important issues requiring careful analysis ofthe law governing the carriage ofPEG
programming by multichannel video programming distribution systems. I have directed the
Bureau to complete its review ofthe record and to develop recommendations on how to proceed
expeditiously.
Page 2-The Honorable Sherrod Brown
I appreciate learning your views on this important matter. Your correspondence has been
made part ofthe record developed in the proceedings. IfI can be offurther assistance, please do
not hesitate to contact me.
~relY'
Julius Genachowski
Chairman