Media Contact: 
Neil Grace, (202) 418-0506
neil.grace@fcc.gov

For Immediate Release

FCC MODERNIZES LEASED ACCESS RULES FOR TODAY’S MEDIA MARKETPLACE
Also Proposes Change to Simplify Leased Access Rate Formula
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WASHINGTON, June 6, 2019—The Federal Communications Commission today adopted a Report and Order and Second Further Notice of Proposed Rulemaking addressing its leased access rules.  These rules require cable operators to set aside channel capacity for commercial use by unaffiliated video programmers.  This is the 13th Order adopted as part of the Commission’s Modernization of Media Regulation Initiative.  

In the Report and Order, the Commission first vacates the 2008 Leased Access Order, which never went into effect due to a judicial stay and the Office of Management and Budget’s disapproval of the associated information collection requirements.  The Commission found that vacating burdensome requirements set forth in the 2008 Order as consistent with today’s highly competitive video marketplace.  

Second, the Report and Order streamlines the Commission’s existing leased access rules.  For example, it eliminates the requirement that cable operators make leased access available on a part-time basis, and it modifies the Commission’s rules to require cable operators, regardless of system size, to respond only to bona fide requests from prospective leased access programmers.  

In the Second Further Notice, the Commission seeks comment on a proposal to simplify the leased access rate formula so that rates will be specific to the tier on which the programming is carried.  

Action by the Commission June 6, 2019 by Report and Order and Second Further Notice of Proposed Rulemaking (FCC 19-52).  Chairman Pai, Commissioners O’Rielly and Carr, approving.  Commissioners Rosenworcel and Starks approving in part and dissenting in part.  Chairman Pai, Commissioners O’Rielly, Carr, Rosenworcel, and Starks issuing separate statements.

MB Docket Nos. 07-42, 17-105

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Media Relations: (202) 418-0500 / ASL: (844) 432-2275 / TTY: (888) 835-5322 / Twitter: @FCC / www.fcc.gov 

This is an unofficial announcement of Commission action.  Release of the full text of a Commission order constitutes official action.  See MCI v. FCC, 515 F.2d 385 (D.C. Cir. 1974).