Federal C(mmunicati(ns C(mmissi(n
Washingt(n, D.C. 20554
Oct(ber 22, 2010
Mr. Chase Carey
Deputy Chairman, President and COO
1211 Avenue (f the Americas
New Y(rk, NY 10036
Mr. James D(lan
President and CEO
Cablevisi(n Systems C(rp(rati(n
1111 Stewart Avenue
Bethpage, NY 11714
Dear Messrs. Carey and D(lan:
We are deeply c(ncerned ab(ut the impact (f y(ur current retransmissi(n c(nsent dispute (n c(nsumers
in Cablevisi(n's service area. As Chairman Genach(wski has stressed, b(th parties share resp(nsibility
f(r c(nsumer disrupti(n caused by y(ur unwillingness t( reach a deal. We are tr(ubled, as the Chairman
said, “that Cablevisi(n and F(x are spending m(re time attacking each (ther thr(ugh ads and l(bbyists
than sitting d(wn at the neg(tiating table.” I kn(w that y(u are aware that b(th br(adcasters and
multichannel vide( pr(gramming distribut(rs (MVPDs) have a statut(ry duty t( engage in "g((d faith"
The C(mmissi(n has stated its belief that "by imp(sing the g((d faith (bligati(n, C(ngress intended that
. . . br(adcasters and MVPDs meet t( neg(tiate retransmissi(n c(nsent and that such neg(tiati(ns are
c(nducted in an atm(sphere (f h(nesty, purp(se and clarity (f pr(cess."2 We ask each (f y(u t( describe
t( us h(w y(ur c(mpany is satisfying this imp(rtant statut(ry (bligati(n in the c(ntext (f y(ur
retransmissi(n c(nsent neg(tiati(ns. In particular, we request that y(u describe with specificity what has
transpired since y(u initially began y(ur neg(tiati(ns, and detail the eff(rts y(ur c(mpany is making t(
end the current impasse. If y(u are aware (f any c(nduct by the (ther side that y(u believe vi(lates the
g((d faith requirement, please s( indicate and pr(vide supp(rting evidence. Please submit this
inf(rmati(n t( me by the cl(se (f business M(nday, Oct(ber 25, 2010.
As y(u kn(w, y(ur c(ntract dispute extends bey(nd just F(x and Cablevisi(n. Indeed, it affects milli(ns
(f inn(cent c(nsumers wh( expect t( watch their preferred br(adcast pr(gramming with(ut interrupti(n.
We urge y(u t( place the interests (f these c(nsumers first and c(nclude y(ur neg(tiati(ns pr(mptly.
Please call me as s((n as p(ssible if y(u have any questi(ns ab(ut this letter.
William T. Lake
Chief, Media Bureau
47 U.S.C. § 325(b)(3)(C).
See In the Matter *f Implementati*n *f the Satellite H*me Viewer Impr*vement Act *f 1999; Retransmissi*n
C*nsent Issues: G**d Faith Neg*tiati*n and Exclusivity, First Rep(rt and Order, 15 FCC Rcd 5445, 5455 ¶ 24