File No. CATV 100-434
FEDERAL COMMUNICATIONS COMMISSION
19 F.C.C.2d 7 (1969)
RELEASE-NUMBER: FCC 69-864
AUGUST 13, 1969
[*7] Re CATV 100-434.
ARTHUR STAMBLER, Esq., 1737 DeSales Street NW., Washington, D.C. 20036
R. FARROW, Esq.,
The Commission has considered your petition for waiver of the Commission's
rules for a CATV system in
We believe that the proposal represents an imaginative effort to meet the Commission's concerns with respect to the interrelationship between the operation of CATV systems and television broadcast stations.
While the proposal clearly merits further consideration, under all of the circumstances and particularly the current status of copyright considerations, action on the merits would be premature at this time.
Accordingly, action on this matter is deferred until December 1, 1969.
BY DIRECTION OF THE COMMISSION, BEN F. WAPLE, Secretary.
I do not agree with the holding of the Commission majority that "under all of the circumstances and particularly the current status of copyright considerations, action on the merits would be premature at this time."
I believe that the petitioner is entitled to -- and the courts would require -- a better reasoned opinion that the Commission majority has issued in support of its "premature" holding.
[*8] If copyright were the basic concern here, I suggest that the petitioner's proposed test of its plan in Woodland, Calif., would be helpful to a resolution of the matter by providing the Commission, Congress, and interested parties with valuable data from practical experience in the marketplace. While I have questions about the workability of certain aspects of the plan, I keep an open mind and believe that the plan should be authorized now so that it can be tested in the realities of the marketplace itself and provide meaningful, probative information.