Federal Communications Commission DA 09-1855
Before the
Federal Communications Commission
WASHINGTON, D.C. 20554
In the Matter of
Herring Broadcasting, Inc. d/b/a WealthTV,
Complainant
v.
Time Warner Cable Inc.
Defendant
Herring Broadcasting, Inc. d/b/a WealthTV,
Complainant
v.
Bright House Networks, LLC,
Defendant
Herring Broadcasting, Inc. d/b/a WealthTV,
Complainant
v.
Cox Communications, Inc.,
Defendant
Herring Broadcasting, Inc. d/b/a WealthTV,
Complainant
v.
Comcast Corporation,
Defendant
TCR Sports Broadcasting Holding, L.L.P.,
d/b/a Mid-Atlantic Sports Network,
Complainant
v.
Comcast Corporation,
Defendant
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MB Docket No. 08-214
File No. CSR-7709-P
File No. CSR-7822-P
File No. CSR-7829-P
File No. CSR-7907-P
File No. CSR-8001-P
ORDER
Adopted:  August 31, 2009 Released:  August 31, 2009
By the Chief, Media Bureau:
1. On October 10, 2008, the Media Bureau issued a Memorandum Opinion and Hearing 
Designation Order (“HDO”) referring the above-captioned program carriage cases to an Administrative 
Law Judge (“ALJ”) for recommended decisions.1 The decision failed to specify whether parties are 
  
1 In the Matter of Herring Broadcasting Inc., d/b/a WealthTV, et al., MB Docket 08-214, Memorandum Opinion and 
Hearing Designation Order, 23 FCC Rcd 14787 (rel. Oct. 10, 2008) (“HDO”).  The HDO also referred a program 
carriage dispute involving NFL Enterprises, LLC and Comcast Corporation to an ALJ.  See id. at 14827, ¶ 85 and 
14828-29, ¶ 89.  This dispute was subsequently settled, and the presiding ALJ granted the parties’ motion to dismiss 
(continued….)
Federal Communications Commission DA 09-1855
2
entitled to file exceptions to the ALJ’s recommended decision.2 We issue this order, sua sponte, to 
remove uncertainty surrounding this issue and clarify that parties are entitled to file exceptions to the 
ALJ’s recommended decision.  We direct parties that choose to file exceptions to comply with the 
procedures and deadlines set forth in Sections 1.276 and 1.277 of the Commission’s rules.3 As applied 
here, these rules allow parties to file exceptions to or briefs in support of the ALJ’s recommended 
decision within 30 days after public release of the full text of the recommended decision.4 These rules
also provide that parties may file reply briefs within ten days after the time for filing exceptions has 
expired.5  
2. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 409(b) of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 409(b), and Section 1.2 of the 
Commission’s rules, 47 C.F.R. § 1.2, that parties in the above-captioned matters may file exceptions to 
the ALJ’s recommended decision pursuant to the procedures set forth herein.
3. IT IS FURTHER ORDERED that all parties to the above-captioned proceedings will be 
served with a copy of this Order by e-mail and by certified mail, return receipt requested.
4. IT IS FURTHER ORDERED that a copy of this Order, or a summary thereof, SHALL BE 
PUBLISHED in the Federal Register.
5. This action is taken pursuant to delegated authority pursuant to Section 0.283 of the 
Commission’s rules.6
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
(Continued from previous page)    
the complaint with prejudice.  See In the Matter of NFL Enterprises LLC, MB Docket No. 08-214, File No. CSR-
7876-P, Order Dismissing Program Carriage Complaint with Prejudice and Terminating Proceeding, FCC 09M-42 
(Chief ALJ Sippel, 2009).   
2 In the HDO, the Media Bureau directed an ALJ to resolve the factual disputes with respect to the claims in each of 
the above-captioned cases and to “return a recommended decision and a recommended remedy, if necessary, to the 
Commission . . . .”  See HDO, 23 FCC Rcd at 14842, ¶ 120; see also id. at 14842, ¶ 124.  The HDO also stated that, 
upon receipt of the ALJ’s recommended decision and remedy, the Commission would make the requisite legal 
determinations and decide upon appropriate remedies, if necessary.  See id. at 14842, ¶ 121.
3 Sections 1.276 and 1.277 of the Commission’s rules pertain to appeal and review of initial decisions.  See 47 
C.F.R. §§ 1.276, 1.277.
4 See 47 C.F.R. § 1.276(a).
5 See 47 C.F.R. § 1.277(c).
6 See 47 C.F.R. § 0.283.