Federal Communications Commission	FCC 24-44


DISSENTING STATEMENT OF
COMMISSIONER NATHAN SIMINGTON

Re: 	In the Matter of Amendment of Fostering Independent and Diverse Sources of Video Programming, MB Docket No. 24-115, Notice of Proposed Rulemaking. 

A public notice refreshing the record, or a fresh notice of inquiry, would have been appropriate paths for the Commission to take up the questions posed by the notice of proposed rulemaking here.  Instead, we opt to tentatively conclude a great deal about the structure of the video marketplace, and what public interest demands we do, on the basis of a stale record.  I cannot support that approach and, accordingly, I dissent.
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