Federal Communications Commission FCC 09-52 
STATEMENT OF
COMMISSIONER ROBERT M. MCDOWELL
APPROVING IN PART AND CONCURRING IN PART
Re:  In the Matter of Oceanic Time Warner Cable, a subsidiary of Time Warner Cable, Inc.; Oceanic 
Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Kauai Cable System; 
Oceanic Time Warner Cable, a division of Time Warner Cable, Inc., Oceanic Oahu Central Cable 
System; Cox Communications, Inc., Fairfax County, Virginia Cable System; File Nos. EB-07-SE-
351, EB-07-SE-352; NAL/Acct. Nos. 200832100074, 200932100001, 200932100002, 
200932100003, 200932100008, 200932100022, and 200932100023; Order on Review  
The Commission through this Order appropriately determines that the migration of programming 
to a switched digital video (“SDV”) platform does not violate Sections 76.1201 or 76.640(b) of our rules.  
Deployment of SDV technology to deliver video programming is consistent with the plain language of the 
regulations.  It also can serve the public interest by allowing cable operators to comply with the 
Commission’s “viewability” rules and deliver more programming options, including HD channels and 
niche programming, without displacing significant numbers of existing channels.   
I only concur, however, with respect to the determination that the SDV deployment requires 
notification to local franchising authorities and customers.  Whether the SDV deployment here – because 
of its effect on the channels accessible to certain subscribers who purchased unidirectional digital cable 
devices on their own in the retail market – constitutes a “change in service” requiring notice under 
Section 76.1603(c) is not without some doubt.  Nevertheless, the broader ramifications of our decision 
here for the industry’s deployment of SDV technology, which has largely been on hold since the 
enforcement proceedings became public, justify resolution of these issues now.