STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re:  Leased Commercial Access; Development of Competition and Diversity in Video 
Programming Distribution and Carriage; Revision of the Commission’s Program 
Carriage Rules, Second Report and Order in MB Docket No. 07-42 and Notice of 
Proposed Rulemaking in MB Docket No. 11-131
The objective of our program carriage rules remains the same as it was in 1993 
when the Commission enacted the initial rules.  While the telecommunications landscape 
has dramatically changed in that time, the ongoing need is to provide a venue for the 
airing of grievances concerning discrimination and to expect fair and equitable outcomes 
to disputes.
Video distributors are now more likely to be producers themselves, often with far 
greater leverage and new incentives to favor their own content over that of independent 
producers.  Modernizing these rules is essential to ensure that consumers have the ability 
to view a variety of diverse programming at the lowest possible cost and hopefully to 
foster more independent production. 
I am pleased that we are taking steps helpful to the accomplishment of the 
statutory goals of competition and consumer protection. These revised rules will improve 
and clarify the program carriage complaint procedure by setting deadlines for FCC action 
while still allowing the parties adequate time to respond fully.  These deadlines are 
important to ensure we continue to meet Congress’ mandate of “expedited review” and to 
reduce unpredictable delays in resolving these complaints.  Furthermore, in response to 
programming vendors’ concerns of retaliatory action by an MVPD against a complainant, 
we have clarified our standstill procedure. 
As we prepare for implementation of these new rules—and quite possibly an 
increased caseload at the FCC—we must also address a possible shortfall in the number 
of ALJs to hear and resolve these disputes.  I believe this order provides the first step 
toward a resolution of that issue. 
I look forward to hearing meaningful public discourse from all the interested 
stakeholders as we clarify and expedite Commission procedure to enhance the 
effectiveness of our program carriage rules.