~tfort tbt jftbtral fCommuntcations Commission l»asbington, me Jn re ) ) Request for Declaratory Ruling ) by Meredith Corporation ) ) MB Docket No. 14-150 and ) ) "Alternative PSJP Proposal" by ) PMCM TV, LLC, for KVNV(TV), ) Middletown Township, New Jersey ) To: The Chief, Media Bureau JOINT REPLY COMMENTS OF TIME WARNER CABLE INC. AND CABLEVISION SYSTEMS CORPORATION Pursuant to the Media Bureau's Public Notice, DA 14-1298 (rel. Sept 12, 2014), Time Warner Cable Inc. ("TWC") and Cablevision Systems Corporation ("CSC") hereby submit the following joint reply comments on the above-referenced Request for Declaratory Ruling of Meredith Corporation and "Alternative PSTP Proposal" of PMCM TV, LLC, licensee of Station WJLP(TV) (formerly known as KVNV(TV)). The issue at the heart of both Meredith's Declaratory Ruling request and PMCM's Alternative PSIP Proposal is whether WJLP should be assigned PSIP channel 33 (as proposed by Meredith) or the two-part PSTP channel starting with 3 .10 (as proposed by PMCM). The interest of TWC and CSC in this channel assignment dispute arises from the fact that it would be extremely disruptive· and confusing for cable subscribers if cable operators in the New York OMA were required to begin carrying WJLP on cable channel 3 (thereby necessitating the relocation of other services) only to have to move the station (necessitating further movement of other channels) if it ends up being assigned PSIP channel 33. Recognizing that the public interest would not be served by the disruption and confusion that would result if cable operators commenced carrying WJLP on one channel and then moved it to another cable channel, the Media Bureau issued a "Deferral Order" on July 25, 2014, excusing cable operators in the New York DMA from having to comply with PMCM's carriage and channel positioning elections until 90 days after the date of a "final decision" regarding WJLP's PSIP channel assignment. 1 PMCM filed an Application for Review of the Deferral Order, arguing in part that, regardless of the outcome of the PSIP channel assignment issue, WJLP is entitled to carriage on cable channel 3 because WJLP has been assigned off-air (or "RF") channel 3.2 TWC and CSC jointly opposed PMCM's Application for Review, demonstrating that the Commission's rules and precedents make clear that, following the digital transition, a station's "off-air" channel for purposes of its must-carry channel assignment rights, is the station's PSIP channel, not its RF channel. 3 As stated above, the issue raised by Meredith's Declaratory Ruling petition and PMCM's Alternative PSIP Proposal is the assignment of WJLP's PSIP channel. However, PMCM has chosen to devote a significant portion of its comments to a reiteration of its argument that WJLP is entitled to cable carriage on channel 3 no matter what PSIP channel the station is assigned. TWC and CSC will not repeat their rebuttal of this argument here; rather, TWC and CSC direct the Bureau's attention to the aforementioned Opposition that TWC and CSC jointly filed with 1 letter from William T. lake, Chief. Media Bureau, to Tara M. Corvo, et al., DA- I 029 (rel. July 25, 2014). On October 23, 2014, the Media Bureau assigned WJLP PSTP channel 33 "for use on an interim basis." Letter from Hossein Hashemzadeh, Deputy Chief. Video Division, Media Bureau, to Donald J. Evans. et al., DA 14-1528 (rel. Oct. 23, 2014). This "interim" decision does not supersede or otherwise impact the relief granted by the Bureau's Deferral Order. 2 In re PMCMTV. LLC, Requests of Various Cable Television Operators to Defer Carriage ofSta tion KVNV(TV), FCC Facility ID No. 86537, Middletown Township, New Jersey, Application for Review (filed Aug. 25, 2014). 3 In re PMCM TV. LLC. Requests of Various Cable Television Operators to Defer Carriage ofStation KVNV(TV), FCC Facility ID No. 86537, Middletown Township, New Jersey, Opposition of Time Warner Cable and Cablevision Systems Corporation to Application for Review of PMCM TV, LLC (filed Sept. 9, 2014). 2 respect to PMCM's Application for Review of the Deferral Order.4 A copy of said Opposition is attached hereto and incorporated by reference. CABLEVISION SYSTEMS CORPORATION TIME WARN~ll CABLE INC. By: ~.GH-u . /4«b By: ~ l ) .0~ Tara M. Corvo 7' sethADaVfisOn Mintz, Levin, Cohn, Ferris, Glovsky Edwards Wildman Palmer LLP and Popeo, P.C. 1875 Eye Street, N.W. 701 Pennsylvania Avenue, N.W. Eighth Floor Washington, D.C. 20004 Washington, D.C. 20006 (202) 434-7300 (202) 939.7900 Its Attorneys Its Attorneys Dated: October 29, 2014 Attachment AM 40193472.1 4 TWC and CSC also direct the Media Bureau's attention to the comments filed by Ion Media License Company, LLC in response to the Bureau's Public Notice (addressing PMCM's mistaken assertion that WJLP has a guaranteed right of carriage on cable channel 3). 3 CERTIFICAT E OF SERVICE I, Glenda Thompson, hereby certify that on this 29th day of October 2014, I caused copies of the foregoing Joint Reply Comments of Time Warner Cable Inc. and Cablevision Systems Corporation, to be placed in the U.S. Postal Service, first class postage prepaid or, as noted below, sent by electronic mail to the following: Chairman Thomas Wheeler* Joyce Bernstein Federal Communications Commission Video Division - Media Bureau 445 12th Street, S.W. Federal Communications Commission Washington, D.C. 20554 445 12th Street, S.W. Washington, D.C. 20554 (By email: [email protected]) Commissioner Mignon Clyburn* Michael D. Basile Federal Communications Commission Robert J. Folliard, 111 445 12th Street, S.W. Cooley LLP Washington, D.C. 20554 1299 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Commissioner Jessica Rosenworcel* Eve R. Pogoriler Federal Communications Commission Covington & Burling LLP 445 12th Street, S.W. 1201 Pennsylvania Avenue, NW Washington, D.C. 20554 Washington, D.C. 20004 Commissioner Ajit Pai* Frederick V. Giroux Federal Communications Commission Davis Wright Tremaine LLP 445 12th Street, S.W. 1919 Pennsylvania Avenue, N.W. Washington, D.C. 20554 Suite 800 Washington, D.C. 20006-3401 Commissioner Michael O'Rielly* Anne Lucey Federal Communications Commission CBS Corporation 445 12th Street, S.W. 601 Pennsylvania Avenue, N.W Washington, D.C. 20554 Suite 540 Washington, D.C. 20004 Jonathan Sallet, General Counsel* Bill LeBeau Jacob M. Lewis, Associate General Counsel* Holland & Knight Office of General Counsel 800 17th Street, N.W. Federal Communications Commission Suite 1100 445 12th Street, S.W. Washington, D.C. 20006 Washington, D.C. 20554 Barbara Kreisman, Chief* Donald J. Evans Video Division -Media Bureau Harry F. Cole Federal Communications Commission Fletcher, Heald & Hildreth, P.L.C. 445 12th Street, S.W. 1300 N. 17th Street, 11th Floor Washington, D.C. 20554 Arlington, Virginia 22209 Paul Rotella Best Copy and Printing, Inc. President & CEO Portals II New Jersey Broadcasters Association 445 12th Street, S.W. Howard L. Green Broadcast House Room CY-B402 348 Applegarth Road Washington, DC 20554 Monroe Township, New Jersey 08831 (By email: [email protected]) *Via Hand Delivery •etort tbt jfeber11l ~ommunicattons Gtommission l811ibinl(ton, l)QC In re ) ) PMCMTV,LLC ) ) Requests of Various Cable Television ) Operators to Defer Carriage of ) ACCEPtED/FlllO Station KVNV(TV), ) FCC Facility ID No. 86537, ) SEP ... Q20'4 Middletown Township, New Jersey ) Federal eommun!Olttums Commtsa Office ot the Seer~ TO: The Commission OPPOSmON OF TIME WARNER CABLE INC. AND CABLEVISION SYSTEMS CORPORATION TO APPLICATION FOR REVIEW OF PMCM TV, LLC Time Warner Cable Inc. (''TWC") and Cablevision Systems Corporation ("CSC") (collectively referred to as "Joint Opponents") hereby submit their joint opposition to the above- captioned Application for Review filed by PMCM TV, LLC, licensee ofStation KVNV(TV). For the reasons stated below, the Commission should deny the Application for Review and allow the Media Bureau's decision deferring the implementation of KVNV's must-carry channel position election to stand pending the final resolution of the underlying channel positioning dispute between PMCM and Meredith Corporation. BACKGROUND KVNV is a television station licensed to (and, to the best of Joint Opponents knowledge, currently operating in) Ely, Nevada on RF Channel 3. The Commission has approved the reallocation ofKVNV from Ely to Middletown Township, New Jersey. By letters dated June 6, 2014, PMCM notified TWC and CSC pursuant to Section 76.64(t)(4) of the Commission's rules that KVNV "will commence operation as a new television station in the New York, New York OMA during the week of August 4, 2014."1 PMCM's letters indicated that it was opting mandatory carriage for KVNV on the cable systems operated by TWC and CSC in the New York OMA for the election period ending December 31, 2014 and requested that TWC and CSC carry KVNV on cable channel 3. On June 12, 2014, CSC wrote to the Commission requesting an order allowing CSC to delay implementing PMCM's must carry and channel position requests pending resolution of a pending dispute .between PMCM and Meredith Corporation, licensee of WFSB, Hartford, CT, regarding PMCM's PSIP (or ''virtual") channel. Meredith and PMCM each claim the right to PSIP channel 3. On July 11 , 2014, TWC filed a similar request for deferral of PMCM's must carry and channel positioning election with respect to TWC's New York DMA systems. Emphasizing that it was in the public interest to minimize subscriber disruption, both TWC and CSC argued that if they were required to implement PMCM's must carry channel position demands and Meredith then prevailed in its dispute over KVNV's use of PSIP channel 3, millions of customers would be subjected to the confusion and disruption attendant to multiple channel line-up changes involving KVNV and the other services that would have to be moved to accommodate carriage ofKVNV on its virtual channel number.