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Comcast Consent Decree Stand Alone Broadband

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Released: June 27, 2012

Federal Communications Commission

DA 12-953

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-11-IH-0163
)
Acct. No.: 201232080025
Comcast Corporation
)
FRN: 0015401581
)
)
)

ORDER

Adopted: June 27, 2012

Released: June 27, 2012

By the Chief, Enforcement Bureau:
1.
In this Order, we adopt the attached Consent Decree entered into between the
Enforcement Bureau (Bureau) and Comcast Corporation (Comcast). The Consent Decree resolves and
terminates an investigation by the Bureau into possible violations of certain of the requirements that the
Commission imposed on Comcast as a part of the order approving the assignment and transfer of control
of licenses of NBC Universal, Inc., from General Electric Company to Comcast.1
2.
The Bureau and Comcast have negotiated a Consent Decree that resolves this matter. A
copy of the Consent Decree is attached hereto and incorporated by reference.
3.
After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree and terminating the
investigation.
4.
In the absence of material new evidence relating to this matter, we, the Bureau, conclude
that our investigation raises no substantial or material questions of fact as to whether Comcast possesses
the basic qualifications, including those related to character, to hold or obtain any Commission license or
authorization.
5.
Accordingly,

IT IS ORDERED

that, pursuant to Section 4(i) of the Communications Act
of 1934, as amended,2 and Sections 0.111 and 0.311 of the Commission’s rules,3 the Consent Decree
attached to this Order

IS ADOPTED

.
6.

IT IS FURTHER ORDERED

that the above-captioned investigation

IS

TERMINATED

.


1 Applications of Comcast Corporation, General Electric Company, and NBC Universal, Inc. for Consent to Assign
Licenses and Transfer Control of Licenses,
Memorandum Opinion and Order, 26 FCC Rcd 4238, 4362-63,
Appendix A§ IV.D (1)-(3) (2011).
2 47 U.S.C. § 154(i).
3 47 C.F.R. §§ 0.111, 0.311.

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DA 12-953

7.

IT IS FURTHER ORDERED

that all third-party complaints against Comcast before the
Enforcement Bureau related to the above-captioned investigation as of the date of this Consent Decree

ARE DISMISSED.

8.

IT IS FURTHER ORDERED

that a copy of this Order and Consent Decree shall be
sent by both First Class and Certified Mail, Return Receipt Requested, to Lynn R. Charytan, Vice
President, Legal Regulatory Affairs and Senior Deputy General Counsel, Comcast Corporation, 300 New
Jersey Avenue, N.W., Suite 700, Washington, D.C. 20001-2030; and to David H. Solomon, Esquire, and
J. Wade Lindsay, Esquire, Wilkinson Barker Knauer, LLP, counsel for Comcast Corporation, Wilkinson
Barker Knauer LLP, 2300 N Street, N.W., Suite 700, Washington, D.C. 20037.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
2

Federal Communications Commission

DA 12-953

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
File No.: EB-11-IH-0163
)
Acct. No.: 201232080025
Comcast Corporation
)
FRN: 0015401581
)
)
)

CONSENT DECREE

The Enforcement Bureau of the Federal Communications Commission and Comcast Corporation,
by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of
terminating the Enforcement Bureau’s investigation into Comcast’s compliance with the Standalone
Broadband Internet Access Service Condition contained in the order approving the transfer of control, and
assignment of licenses, of NBC Universal, Inc., from General Electric Company to Comcast.1

I.

DEFINITIONS

1.
For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended, 47 U.S.C. § 151
et seq.
(b) “Adopting Order” means an order of the Bureau adopting the terms of this
Consent Decree without change, addition, deletion, or modification.
(c) “Broadband Internet Access Service” has the same meaning as provided in the
definition section of Appendix A to the Comcast-NBCU Order.2
(d) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(e) “Comcast-NBCU Order” means the Commission item released January 20,
2011, entitled Applications of Comcast Corporation, General Electric
Company, and NBC Universal, Inc. for Consent to Assign Licenses and
Transfer Control of Licenses,
Memorandum Opinion and Order, 26 FCC Rcd
4238 (2011).
(f) “Comcast” or “Company” means Comcast Corporation and its subsidiaries
and affiliates.
(g) “Commission” and “FCC” mean the Federal Communications Commission
and all of its bureaus and offices.


1 Applications of Comcast Corporation, General Electric Company, and NBC Universal, Inc. for Consent to Assign
Licenses and Transfer Control of Licenses,
26 FCC Rcd 4238, 4362-63, Appendix A§ IV.D (1)-(3) (2011)
(Comcast-NBCU Order).
2 See id.

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DA 12-953
(h) “Communications Laws” means, collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to which
Comcast is subject by virtue of its business activities, including but not limited
to, the Standalone Broadband Internet Access Service Condition.
(i) “Compliance Officer” means the senior corporate manager appointed by Comcast as
described in this Consent Decree at Paragraph 17(a).
(j) “Compliance Plan” means the compliance obligations, program, and procedures
described in this Consent Decree at Paragraph 17.
(k) “Compliance Report” means the reporting described in this Consent Decree at
Paragraph 19.
(l) “Customer Service Representative” means Comcast employees whose job
responsibilities, on a regular basis, are to respond to customer inquiries and
complaints directed from customers to Comcast’s internal call centers (e.g., 1-800-
Xfinity or via web chat) about Comcast video, Internet, and wireline telephone
products and services and accepting customer orders for such products or services.
(m) “Effective Date” means the date on which the Bureau releases the Adopting
Order.
(n) “Investigation” means the investigation into matters addressed in the Bureau’s
letter of inquiry dated March 31, 2011, and supplemental letters of inquiry
dated July 29, 2011, and February 24, 2012, regarding Comcast’s compliance
with the Standalone Broadband Internet Access Condition.3
(o) “Operating Procedures” means the standard, internal operating procedures and
compliance policies established by Comcast to implement this Consent Decree.
(p) “Parties” means Comcast and the Bureau, and each is a “Party.”
(q) “Performance Starter” means Comcast’s retail Broadband Internet Access
Service tier of at least 6 Mbps down at a price no greater than $49.95 per
month.
(r) “Product List” means any Rate Card or Rate Change Notification, or other
similar brochure or mailing distributed or otherwise made available to
Comcast’s existing or prospective customers, that identifies all or substantially
all of Comcast’s Broadband Internet Access Services, provided that Rate
Change Notifications that include only Broadband Internet Access Services
that are undergoing rate changes shall not constitute Product Lists.
(s) “Rate Cards” means notices that Comcast sends pursuant to 47 C.F.R. §
76.1602(b).


3 Letter from Jeffrey J. Gee, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, to Kathryn A. Zachem, Senior Vice President, Regulatory and State Legislative
Affairs, Comcast Corporation, File No. EB-11-IH-0163 (Mar. 31, 2011) (LOI); Letter from Jeffrey J. Gee, Deputy
Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Lynn
R. Charytan, Vice President, Legal Regulatory Affairs, Comcast Corporation, File No. EB-11-IH-0163 (July 29,
2011) (Supplemental LOI); Letter from Jeffrey J. Gee, Deputy Chief, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications Commission, to Lynn R. Charytan, Vice President, Legal Regulatory
Affairs, and Senior Deputy General Counsel, Comcast Corporation, File No. EB-11-IH-0163 (Feb. 24, 2012)
(Second Supplemental LOI).
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DA 12-953
(t) “Rate Change Notifications” means notices that Comcast sends pursuant to 47
C.F.R. § 76.1603.
(u) “Rules” means the Commission’s regulations found in Title 47 of the Code of
Federal Regulations.
(v) “Standalone Broadband Internet Access Service Condition” or “Condition”
means Section IV.D (1)-(3) of Appendix A of the Comcast-NBCU Order.

II.

BACKGROUND

2.
In the Comcast-NBCU Order, released on January 20, 2011, the Commission identified
potential concerns associated with Comcast’s post-transaction incentives to require its customers
interested in purchasing broadband services to also purchase other bundled services—to the detriment of
customers who desired to purchase Broadband Internet Access Service without also purchasing cable
television or other services. To remedy this potential harm, the Commission imposed the Standalone
Broadband Internet Access Condition. The Condition required Comcast to continue to offer standalone
Broadband Internet Access Services at reasonable market-based prices and specified that Comcast must
offer standalone broadband services on equivalent terms and conditions to packages that bundle
broadband and video cable service for seven years.4
3.
The Condition also required, inter alia, that Comcast “shall offer a service of at least 6
Mbps down at a price no greater than $49.95 [per month] for three years (provided that the price can be
increased by no more than any increase in the CPI-U for Communications after two years),” and that
Comcast “shall visibly offer and actively market standalone retail Broadband Internet Access Service,
including but not limited to (i) providing a linkable web page devoted exclusively to describing (e.g.,
price and speed) and permitting online purchase of all retail Broadband Internet Access Service
standalone options; (ii) running at least one major advertising promotion of the standalone retail
Broadband Internet Access Service offering annually; and (iii) ensuring that the standalone Broadband
Internet Access Service offering appears with prominence equal to that of bundled offerings on any
product list or in any window, menu or other similar place on any call center screen.”5
4.
The record indicates that on February 21, 2011, Comcast began offering the required 6
Mbps down/$49.95 per month standalone broadband service tier, known as “Performance Starter,” in
every market in Comcast’s service territory in which Comcast offers Broadband Internet Access Service.
As with other standalone, multi-product, and bundled Broadband Internet Access Service tiers, the
Company offers Performance Starter through its Customer Service Representatives and outsourced call
center vendors, through its website, and through its owned and operated retail locations.6
5.
In the weeks following Comcast’s launch of the Performance Starter service pursuant to
the Comcast-NBCU Order, the Bureau received information raising potential concerns about the extent of
Comcast’s compliance with the Condition. The Bureau therefore initiated an investigation relating to
some potential compliance issues, specifically: whether all Customer Service Representatives were
providing information concerning the Performance Starter service in responding to consumers inquiring
about Internet service options; whether Comcast had omitted the Performance Starter service on some
Rate Cards distributed after the initiation of that service; and whether Comcast’s website readily enabled
existing (as opposed to new) customers to find information about the Performance Starter service.


4 See Comcast-NBCU Order, 26 FCC Rcd at 4362.
5 Id.
6 In the responses described below, Comcast indicated that it does not currently offer certain tiers of Comcast
products, including Performance Starter, through third party retail stores and independent dealers, including
independent resellers.
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DA 12-953
6.
The Bureau issued the first of three Letters of Inquiry (LOI) on March 31, 2011, to obtain
more complete information regarding Comcast’s compliance with the Standalone Broadband Internet
Access Condition and Comcast’s offering and marketing of its Performance Starter service and other
Standalone Broadband Internet Access Services generally.7 Comcast responded to the LOI with
submissions dated April 22, 2011; May 2, 2011; May 6, 2011; and June 2, 2011.8 The Bureau issued a
Supplemental LOI on July 29, 2011, and a Second Supplemental LOI on February 24, 2012.9 Comcast
responded to the Supplemental LOI with a submission dated September 19, 2011, and to the Second
Supplemental LOI with submissions dated March 7, 2012 and March 21, 2012.10 Comcast also submitted
additional information for the record on December 16, 2011 and February 6, 2012.11
7.
In response to the Bureau’s investigation, Comcast submitted the following: Comcast
launched Performance Starter service on February 21, 2011.12 Comcast’s call center screens included
standalone Broadband Internet Access Service offerings, including Performance Starter, with prominence


7 See LOI, supra note 3. See also E-mail from William H. Davenport, Acting Deputy Chief, Enforcement Bureau,
Federal Communications Commission and Eloise Gore, Associate Chief, Enforcement Bureau, Federal
Communications Commission, to David H. Solomon, Counsel for Comcast Corporation (Apr. 13, 2011, 18:42
EDT).
8 See Letter from Lynn R. Charytan, Vice President, Legal Regulatory Affairs, Comcast Corporation, to Marlene H.
Dortch, Secretary, Federal Communications Commission (Apr. 22, 2011) (on file in EB-11-IH-0163); Letter from
Lynn R. Charytan, Vice President, Legal Regulatory Affairs, Comcast Corporation, to Marlene H. Dortch,
Secretary, Federal Communications Commission (May 2, 2011) (on file in EB-11-IH-0163); Letter from Lynn R.
Charytan, Vice President, Legal Regulatory Affairs, Comcast Corporation, to Marlene H. Dortch, Secretary, Federal
Communications Commission (May 6, 2011) (on file in EB-11-IH-0163); Letter from Lynn R. Charytan, Vice
President, Legal Regulatory Affairs, Comcast Corporation, to Marlene H. Dortch, Secretary, Federal
Communications Commission (June 2, 2011) (on file in EB-11-IH-0163).
9 See Supplemental LOI, supra note 3; Second Supplemental LOI, supra note 3.
10 See Letter from Lynn R. Charytan, Vice President, Legal Regulatory Affairs, Comcast Corporation, to Marlene H.
Dortch, Secretary, Federal Communications Commission (Sept. 19, 2011) (on file in EB-11-IH-0163); Letter from
Lynn R. Charytan, Vice President, Legal Regulatory Affairs, and Senior Deputy General Counsel, Comcast
Corporation, to Marlene H. Dortch, Secretary, Federal Communications Commission (Mar. 7, 2012) (on file in EB-
11-IH-0163); Letter from Lynn R. Charytan, Vice President, Legal Regulatory Affairs, and Senior Deputy General
Counsel, Comcast Corporation, to Marlene H. Dortch, Secretary, Federal Communications Commission (Mar. 21,
2012) (on file in EB-11-IH-0163).
11 Letter from Lynn R. Charytan, Vice President, Legal Regulatory Affairs, and Senior Deputy General Counsel,
Comcast Corporation, to Marlene H. Dortch, Secretary, Federal Communications Commission (Dec. 16, 2011) (on
file in EB-11-IH-0163); Letter from Lynn R. Charytan, Vice President, Legal Regulatory Affairs, and Senior Deputy
General Counsel, Comcast Corporation, to P. Michele Ellison, Chief, Enforcement Bureau, Federal
Communications Commission (Feb. 6, 2012) (on file in EB-11-IH-0163). The Bureau and Comcast executed tolling
agreements to toll the statute of limitations on August 21, 2011 and February 29, 2012. See Tolling Agreement, File
No. EB-11-IH-0163, executed by and between Jeffrey J. Gee, Deputy Chief, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications Commission, and Justin Smith, Vice President, Senior Deputy
General Counsel, and Chief Joint Venture Compliance Officer, Comcast Corporation (Aug. 15, 2011) (on file in EB-
11-IH-0163); Tolling Agreement Extension, File No. EB-11-IH-0163, executed by and between Jeffrey J. Gee,
Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission,
and Lynn R. Charytan, Vice President, Legal and Regulatory Affairs, and Senior Deputy General Counsel, Comcast
Corporation (Feb. 29, 2012) (on file in EB-11-IH-0163).
12 Comcast reported that since February 21, 2011, both new and existing Comcast customers have subscribed to
Performance Starter. Comcast also reported that, as required under the conditions of the Comcast-NBCU Order, the
company conducted its first required annual major advertising promotion of the standalone retail Broadband Internet
Access Service offering in November 2011.
4

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DA 12-953
equal to that of bundled offerings as of February 21, 2011. Comcast instructed its Customer Service
Representatives to take mandatory training regarding its Performance Starter service tier.
8.
Comcast interpreted the requirement of the Condition regarding “product lists” to include
only those “product lists” that were “on any call center screen.”13 From February 21, 2011 through April
10, 2011, not all of the Rate Cards that Comcast distributed pursuant to Section 76.1602(b) of the
Commission’s rules that included all of Comcast’s other Broadband Internet Access Service offerings
referenced, or had a separate insert regarding, Performance Starter.14 Although Comcast supplemented or
updated some of such Rate Cards that omitted Performance Starter, it did not supplement or update all of
such Rate Cards. All new Rate Cards that Comcast distributed after April 10, 2011 that included all other
Broadband Internet Access Service offerings did include, or have a separate insert regarding, Performance
Starter.
9.
Comcast has maintained a linkable web page devoted exclusively to describing (e.g.,
price and speed) and permitting online purchase of Comcast’s standalone Broadband Internet Access
Service options, accessible through its “New Customer Offers page,” since at least 2003. Comcast added
Performance Starter to this standalone Broadband Internet Access Service web page by the February 21,
2011 launch of Performance Starter. At that time, however, Comcast did not have a distinct “direct link”
to its standalone Broadband Internet Access Service options, including Performance Starter, from its
“Current Customer Offers” web page. In response to informal inquiries from the Commission regarding
the availability of online information about the Performance Starter service for existing customers,
Comcast took steps to remedy this on March 16, 2011, and April 14, 2011, thereby making information
regarding Performance Starter and its other standalone Broadband Internet Access Service tiers more
accessible to then-current Comcast subscribers.
10.
The Bureau considered the requirements and objectives of the Condition, the information
submitted by Comcast, its efforts to comply with the Condition, and its full cooperation with the
Investigation. Nevertheless, the Bureau continued to have concerns regarding the extent of Comcast’s
compliance with the Condition. This Consent Decree provides additional steps that Comcast agrees to
take for the benefit of consumers in general and its subscribers in particular, and to further the goals of the
Standalone Broadband Internet Access Service Condition.

III.

TERMS OF AGREEMENT

11.

Adopting Order

. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
Order without change, addition, modification, or deletion.
12.

Jurisdiction

. Comcast agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
13.

Effective Date; Violations of this Consent Decree

. The Parties agree that this Consent
Decree shall become effective on the Effective Date as defined herein. Upon release and provided that
the Consent Decree is not rendered invalid by the Commission, the Adopting Order and this Consent
Decree shall have the same force and effect as any other order of the Commission. Any violation of the
Adopting Order or of the terms of this Consent Decree shall constitute a separate violation of a
Commission order, entitling the Commission to exercise any rights and remedies attendant to the
enforcement of a Commission order.


13 The Bureau did not agree with this interpretation.
14 See 47 C.F.R. §§ 76.1602(b), 76.1603.
5

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14.

Termination of Investigation

. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation and for the purposes
of settling the matters set forth herein, Comcast agrees to the terms, conditions, and procedures contained
in this Consent Decree. The Bureau further agrees that, in the absence of new material evidence, the
Bureau will not use the facts developed in the Investigation through the Effective Date, or the existence of
this Consent Decree, to institute on its own motion any new proceeding, formal or informal, or take any
action on its own motion against Comcast concerning the matters that were the subject of the
Investigation. The Bureau also agrees that in the absence of new material evidence it will not use the
facts developed in the Investigation through the Effective Date, or the existence of this Consent Decree, to
institute on its own motion any proceeding, formal or informal, or take any action on its own motion
against Comcast with respect to Comcast’s basic qualifications, including its character qualifications, to
be a Commission licensee or authorized common carrier or hold Commission authorizations.
15.

Extension of Merger Condition Requiring Performance Starter Service

. Comcast
agrees to continue to offer the Performance Starter service tier of at least 6 Mbps down at a price no
greater than $49.95 per month for an additional year beyond the requirement of the Condition, that is,
until February 21, 2015 (rather than February 21, 2014), provided that the price can be increased by no
more than any increase in the CPI-U for Communications after August 21, 2013 (rather than February 21,
2013).
16.

Voluntary Contribution

. Comcast agrees that it will make a voluntary contribution to
the United States Treasury in the amount of eight hundred thousand dollars ($800,000). The contribution
will be made no later than thirty (30) days after the Effective Date. The payment must be made by check
or similar instrument, wire transfer, or credit card and must include the Account Number and FRN
referenced in the caption to the Adopting Order. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. Regardless of the form of
payment, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form
159, enter the Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in
block number 24A (payment type code). Comcast must also send electronic notification on the date said
payment is made to Terry.Cavanaugh@fcc.gov, Jeffrey.Gee@fcc.gov, Anjali.Singh@fcc.gov, and
William.Knowles-Kellett@fcc.gov.
17.

Compliance Plan

. Comcast agrees that it shall, within thirty (30) calendar days of the
Effective Date, develop and implement a Compliance Plan designed to ensure further compliance with the
Condition and the terms and conditions of this Consent Decree. The other conditions and related
requirements set forth in the Comcast-NBCU Order remain in place. Consistent with the goals of the
Comcast-NBCU Order, the Compliance Plan shall include, without limitation, the following components:
(a)

Compliance Officer

. Comcast agrees to maintain a Compliance Officer who shall be
responsible for developing, implementing, and administering the Compliance Plan and
ensuring that Comcast complies with the terms and conditions of the Compliance Plan
and this Consent Decree. In addition to the general knowledge of the Communications
Laws necessary to discharge his/her duties under this Consent Decree, the Compliance
Officer has knowledge about the Condition.
(b)

Operating Procedures

. Within sixty (60) calendar days after the Effective Date,
Comcast shall establish Operating Procedures to carry out the terms of this Consent
Decree.
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(c)

Compliance Manual

. Within sixty (60) calendar days after the Effective Date, the
Compliance Officer shall oversee the development of guidelines for the implementation
of this Consent Decree and distribute them to employees who Comcast determines in its
discretion are relevant recipients.
(d)

Compliance Training

.
(i)

Training of Customer Service Representatives

. Beginning no later than thirty
(30) days after the Effective Date, Comcast shall direct its Customer Service
Representatives to take a mandatory Performance Starter online refresher training
module through its learning portal. The purpose of such training shall be to
reinforce the Customer Service Representatives’ awareness and familiarity with
the Performance Starter service. Comcast shall take commercially reasonable
steps to ensure that its Customer Service Representatives complete such training
no later than ninety (90) days after the Effective Date. Comcast shall direct its
Customer Service Representatives to repeat the compliance training on an annual
basis. Comcast, as part of its initial training of new Customer Service
Representatives, shall take commercially reasonable steps to provide such
individuals with training regarding the Performance Starter service tier before
such new employees have contact with customers on an unsupervised basis (i.e.,
without a supervisor or trainer assisting them). Comcast shall instruct its
outsourced call center vendors to similarly offer the instruction described in this
Paragraph to their personnel.
(ii)

Training of Retail Sales Personnel

. Beginning no later than thirty (30) days
after the Effective Date, Comcast shall provide to its retail sales personnel at
Comcast owned and operated retail locations training materials consistent with its
standard practices for such personnel to reinforce the retail sales personnel’s
awareness and familiarity with the Performance Starter service. Comcast shall
take commercially reasonable steps to ensure that its existing retail sales
personnel receive and review such training materials within ninety (90) days of
the Effective Date. Comcast also shall provide such training materials to its retail
sales personnel on an annual basis. Comcast shall provide such training
materials to new retail sales personnel at Comcast owned and operated retail
locations within thirty (30) days of such personnel becoming retail sales
personnel at such location.
(e)

Product Lists

. Comcast agrees to continue to identify the Performance Starter service
tier on Rate Cards to the extent that Comcast voluntarily identifies all or substantially all
of its other Broadband Internet Access Service tiers on such Rate Cards, and to identify
the Performance Starter tier on any other Product Lists. Rate Change Notifications need
not include Performance Starter unless Performance Starter is also undergoing a rate
change.
(f)

Web Pages

. Comcast agrees that the linkable web page devoted exclusively to
describing (e.g., price and speed) and permitting online purchase of all retail Broadband
Internet Access Service standalone options required under the Condition will continue to
be equally available to both new and existing Comcast subscribers.
(g)

Advertising Promotion

. During 2013, Comcast shall conduct one additional major
advertising promotion of its standalone retail Broadband Internet Access Service offering
beyond the one required by the Condition.
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(h)

Availability of Performance Starter Service at Retail Stores

. Comcast shall continue
to offer the Performance Starter service through its owned and operated retail locations;
and, no later than one hundred twenty (120) days after the Effective Date and until
February 21, 2015, Comcast shall offer the ability to sell Performance Starter service to
its third-party retail agents and independent dealers, including independent resellers,
provided that no such third-party retail agent or independent dealer, including any
independent reseller, shall be obligated to offer the Performance Starter service tier.
(i)

Termination Date

. The requirements of Paragraph 15 and Paragraphs 17-19 shall expire
February 21, 2015, except for the requirement in Paragraph 19 herein regarding the 2016
Compliance Report, which shall expire upon the filing of that report.
18.

Reporting Noncompliance

. Comcast shall report any noncompliance with the terms and
conditions of this Consent Decree within thirty (30) calendar days after discovery of such noncompliance.
Such reports shall include a detailed explanation of (i) each instance of noncompliance; (ii) the steps that
Comcast has taken or will take to remedy such noncompliance; (iii) the schedule on which such remedial
actions will be taken; and (iv) the steps that Comcast has taken or will take to prevent the recurrence of
any such noncompliance. All reports of noncompliance shall be submitted to the Chief, Investigations
and Hearings Division, Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445
12th Street, S.W., Washington, D.C. 20554, with a copy submitted electronically to Theresa Z.
Cavanaugh at Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Anjali K. Singh at
Anjali.Singh@fcc.gov, and to William Knowles-Kellett at William.Knowles-Kellett@fcc.gov. The
reporting obligations set forth in this Paragraph shall expire on February 21, 2015.
19.

Compliance Reports

. On or before February 22, 2013, 2014, 2015, and 2016, Comcast
will submit an annual Compliance Report confirming its compliance with the terms and conditions of this
Consent Decree for the period during the prior calendar year in which the Consent Decree was in effect.
(a) Each Compliance Report shall include a detailed description of Comcast’s efforts during the
relevant period to comply with the terms and conditions of this Consent Decree, including but
not limited to the percentage of Customer Service Representatives and retail sales personnel
that have been trained as described in Paragraph 17(d). In addition, each Compliance Report
shall include a certification by the Compliance Officer, as an agent of and on behalf of
Comcast, stating that the Compliance Officer has personal knowledge that Comcast (i) has
established and implemented the Compliance Plan; (ii) has utilized the Operating Procedures
since their establishment pursuant to Paragraph 17(b) hereof; and (iii) is not aware of any
instances of noncompliance with the terms and conditions of this Consent Decree, including
the reporting obligations set forth in Paragraph 18 hereof. Comcast shall maintain for a
period of twelve (12) months following the submission of each Compliance Report the
material documents and materials relating to the representations made in each such
Compliance Report.
(b) The Compliance Officer’s certification shall be accompanied by a statement explaining the
basis for such certification and must comply with Section 1.16 of the Rules15 and be
subscribed to as true under penalty of perjury in substantially the form set forth therein.
(c) If the Compliance Officer cannot provide the requisite certification, the Compliance Officer,
as an agent of and on behalf of Comcast, shall provide the Commission with a detailed
explanation of the reason(s) why and describe fully: (i) each instance of noncompliance; (ii)
the steps that Comcast has taken or will take to remedy such noncompliance, including the
schedule on which proposed remedial action will be taken; and (iii) the steps that Comcast


15 47 C.F.R. § 1.16.
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has taken or will take to prevent the recurrence of any such noncompliance, including the
schedule on which such preventive action will be taken.
(d) All Compliance Reports shall be submitted to the Chief, Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, Room 4-C330, 445
12th Street, S.W., Washington, D.C. 20554, with a copy submitted electronically to Theresa
Z. Cavanaugh at Terry.Cavanaugh@fcc.gov, Jeffrey J. Gee at Jeffrey.Gee@fcc.gov, Anjali
K. Singh at Anjali.Singh@fcc.gov, and to William Knowles-Kellett at William.Knowles-
Kellett@fcc.gov.
20.

Waivers

. Comcast waives any and all rights it may have to seek administrative or
judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this
Consent Decree and the Adopting Order, provided the Bureau issues an Adopting Order adopting the
Consent Decree without change, addition, modification, or deletion. Comcast shall retain the right to
challenge Commission interpretation of the Consent Decree or any terms contained herein. If either Party
(or the United States on behalf of the Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither Comcast nor the Commission shall contest the validity of the Consent Decree or
the Adopting Order, and Comcast shall waive any statutory right to a trial de novo. Comcast hereby
agrees to waive any claims it may have under the Equal Access to Justice Act, 5 U.S.C. § 504 and 47
C.F.R. § 1.1501 et seq., relating to the matters addressed in this Consent Decree.
21.

Invalidity

. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any
legal proceeding.
22.

Subsequent Rule or Order

. The Parties agree that, if any provision of the Consent
Decree conflicts with any subsequent Rule or order adopted by the Commission (except an order
specifically intended to revise the terms of this Consent Decree to which Comcast does not expressly
consent), that provision will be superseded by such Commission Rule or order.
23.

Successors and Assigns

. Comcast agrees that the provisions of this Consent Decree shall
be binding on its successors, assigns, and transferees.
24.

Final Settlement

. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties. The Parties further agree that this Consent Decree does
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding
any compliance or noncompliance with the Communications Laws.
25.

Modifications

. This Consent Decree cannot be modified without the advance written
consent of both Parties.
26.

Paragraph Headings

. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
27.

Authorized Representative

. The individual signing this Consent Decree on behalf of
Comcast represents and warrants that she is authorized by Comcast to execute this Consent Decree and to
bind Comcast to the obligations set forth herein. The FCC signatory represents that she is signing this
Consent Decree in her official capacity and that she is authorized to execute this Consent Decree.
9

Federal Communications Commission

DA 12-953
28.

Counterparts

. This Consent Decree may be signed in any number of counterparts
(including by facsimile), each of which, when executed and delivered, shall be an original, and all of
which counterparts together shall constitute one and the same fully executed instrument.
____________________________
P. Michele Ellison
Chief
Enforcement Bureau
____________________________
Date
____________________________
Lynn R. Charytan
Vice President, Legal Regulatory Affairs and
Senior Deputy General Counsel
Comcast Corporation
____________________________
Date
10

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