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Pleading Cycle Established To Transfer Control Of Bresnan Broadband

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Released: March 20, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-510

Released: March 20, 2013

APPLICATIONS FILED FOR THE TRANSFER OF CONTROL OF BRESNAN

BROADBAND HOLDINGS, LLC TO CHARTER COMMUNICATIONS, INC.

PLEADING CYCLE ESTABLISHED

MB Docket No. 13-77

Comment Date: April 19, 2013
Reply Comment Date: May 6, 2013

On February 25 and March 12, 2013, Charter Communications, Inc. (“Charter”), Cablevision
Systems Corporation (“Cablevision”), and their respective subsidiaries (collectively, the “Applicants”)
jointly submitted applications to the Commission seeking consent to the transfer of control of certain
licenses pursuant to Section 310(d) of the Communications Act of 1934, as amended (the “Act”).1 In
addition, on February 27, 2013, the Applicants jointly submitted applications to the Commission seeking
consent to the transfer of control of certain licenses pursuant to Section 214 of the Act.2 The proposed
transfer of control of these licenses is part of a larger transaction whereby a subsidiary of Charter will
acquire control of Bresnan Broadband Holdings, LLC (“Bresnan”) and its subsidiaries from Cablevision.3
Charter, a Delaware corporation, is a facilities-based provider of bundled video, voice, and
broadband Internet services in 25 states. It is also the fourth-largest cable television system in the United
States. As of December 31, 2012, Charter provided services to approximately 5.4 million customers in its
service territory, including approximately 4.0 million video customers, 1.9 million residential voice
customers, and 3.8 million residential broadband customers. It also provides broadband and other
communications services to approximately 467,000 small- and medium-sized commercial customers.4
Cablevision, a Delaware corporation, is a facilities-based provider of bundled video, voice, and
broadband Internet services primarily in the tri-state area of New York, New Jersey, and Connecticut. In


1 47 U.S.C. § 310(d); see also 47 C.F.R. § 78.35.
2 47 U.S.C. § 214.
3 Combined Application for Consent to Transfer Control of Domestic and International Section 214 Licenses,
Bresnan Digital Services, LLC and its Subsidiaries to Charter Communications, Inc.
(filed Feb. 27, 2013) (“Section
214 Application”).
4 Id. at 2-3.

2010, Cablevision purchased Bresnan and its subsidiaries and affiliates,5 and thereafter provided video,
voice, and broadband services to customers through Bresnan in Colorado, Montana, Utah, and Wyoming.6
As of December 31, 2012, Cablevision provided video service to approximately 3.2 million customers,
voice service to approximately 2.4 million customers, and broadband service to approximately 3.0 million
customers.7 Of this amount, Bresnan served approximately 304,000 video customers, 170,000 voice
customers, and 292,000 broadband customers.8
On February 7, 2013, a subsidiary of Charter, Charter Communications Operating, LLC (“Charter
Operating”), entered into a Purchase Agreement (“Agreement”) with CSC Holdings, LLC, a subsidiary of
Cablevision, pursuant to which Charter will acquire Bresnan and its subsidiaries on the terms and subject
to the conditions set forth in the Agreement. Upon completion of the transaction, Charter Operating will
own 100 percent of the Bresnan membership units.9
The Applicants contend that the proposed transaction will serve the public interest. They state
that the proposed transaction will allow Bresnan to continue to provide high-quality video, voice, and
broadband products to both residential and business communities in its services areas. The Applicants
also claim the transfer of control will not interrupt or degrade Bresnan’s services and that Charter’s
financial and managerial support will enhance innovation of services and products for both Charter and
Bresnan’s consumers. In addition, the Applicants assert that the transfer of control will strengthen
Charter’s competitive position in the communications marketplace by allowing it to realize economic,
marketing, and operational efficiencies.10

TRANSFER OF CONTROL APPLICATIONS

The file numbers and call signs of the Applicants’ facilities that are the subject of the applications
to transfer control to Charter are listed below. Interested parties should refer to the transfer of control
applications for a listing of the licenses. Parties should be aware that additional applications may have to
be filed to identify any additional licenses and authorizations in the services noted. The Applicants have
requested that the Commission’s grant of consent to the transfer of control of the licenses include consent
for Charter to acquire control of (1) any authorizations or licenses issued to the Applicants or any of their
subsidiaries or affiliates to the extent such authorizations are related to the Applicants’ cable television
systems and wireless licenses affected by the transactions, during the Commission’s consideration of the
applications and the period required for the consummation of the transactions following approval; (2)
construction permits held by licensees involved in the transactions that mature into licenses after closing
and that may have been omitted from the applications; and (3) applications that will have been filed by


5 Application Granted for the Transfer of Control of Bresnan Communications, LLC to Cablevision Systems Corp.,
MB Docket No. 10-154, Public Notice, 25 FCC Rcd 13324 (IB, MB, WCB, WTB 2010).
6 Section 214 Application at 4.
7 Id. at 2.
8 Cablevision Systems Corp., SEC Form 10-K for the Year Ended December 31, 2012, at 3; see also Charter
Communications, Inc., Charter to Acquire Optimum West from Cablevision (press release), Feb. 7, 2013, at
http://phx.corporate-ir.net/phoenix.zhtml?c=112298&p=irol-newsArticle&ID=1783127&highlight= (visited Mar.
19, 2013).
9 Section 214 Application at 4.
10 Id. at 4-6.
2

such licensees relating to such cable systems and wireless licenses that are pending at the time of
consummation of the transactions.11

A. SECTION 214 AUTHORIZATIONS

1.
Domestic
The Applicants filed a domestic section 214 application for consent to transfer control of Bresnan
Digital Services, LLC; Bresnan Broadband of Colorado, LLC; Bresnan Broadband of Montana, LLC;
Bresnan Broadband of Utah, LLC; and Bresnan Broadband of Wyoming, LLC to Charter.12 The
Applicants state that these subsidiaries offer competitive local exchange and long distance services in
Colorado, Montana, Utah, and Wyoming and assert that the proposed transaction is entitled to
presumptive streamlined treatment under section 63.03(b)(2) of the Commission's rules.13 Because the
transaction involves authorizations from multiple Bureaus, we accept the application for non-streamlined
processing.14
2.
International

File No.

Authorization Holder

Authorization Number

ITC-T/C-20130227-00052
Bresnan Digital Services, LLC
ITC-214-20061117-00525

B. CABLE TELEVISION SERVICE APPLICATIONS

File No.

Authorization Holder

Call Sign

20130308AA-09

Bresnan Communications, LLC
WLY-634
20130308AB-09

Bresnan Communications, LLC
WHZ-748
20130308AC-09

Bresnan Communications, LLC
WLY-332
20130308AD-09
Bresnan Communications, LLC
WLY-861
20130308AE-09
Bresnan Communications, LLC
WBH-637
20130308AF-09
Bresnan Communications, LLC
WLY-563
20130308AG-09
Bresnan Communications, LLC
WLY-838
20130308AH-09
Bresnan Communications, LLC
WLY-839
20130308AI-09
Bresnan Communications, LLC
WLY-914


11 Application for Consent to Transfer Control of Wireless Licenses, Bresnan Broadband Holdings, LLC and its
Subsidiaries to Charter Communications, Inc.
, Attachment 1 (filed Mar. 12, 2013); Application for Consent to
Transfer Control of Cable Television Relay Service Station License, Bresnan Broadband Holdings, LLC and its
Subsidiaries to Charter Communications, Inc.
, Exhibit B-2 (filed Feb. 25, 2013).
12 Section 214 Application at 1.
13 Id. at 6; see also 47 C.F.R. § 63.03(b)(2).
14 47 C.F.R. § 63.03(c).
3

C. PARTS 27, 90 AND 101- MISCELLANEOUS WIRELESS COMUNICATIONS, PRIVATE

LAND MOBILE AND COMMON CARRIER POINT-TO-POINT FIXED MICROWAVE

LICENSES

File No.

Authorization Holder

Lead Call Sign

0005656348
Bresnan Communications, LLC
WNKK403

EX PARTE STATUS OF THIS PROCEEDING

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.15 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex
parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b).
In proceedings governed by rule 1.49(f) or for which the Commission has made available a
method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the electronic comment filing system
available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable
.pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.

GENERAL INFORMATION

The applications referenced herein have been found, upon initial review, to be acceptable for
filing. The Commission reserves the right to return any application if, upon further examination, it is
determined to be defective and not in conformance with the Commission’s rules or policies. Interested
parties must file comments or petitions to deny no later than

April 19, 2013

. Replies or oppositions to
comments and petitions must be filed no later than

May 6, 2013

. All filings concerning matters
referenced in this Public Notice should refer to

DA 13-510

and

MB Docket No. 13-77

, as well as the
specific file numbers of the individual applications or other matters to which the filings pertain.


15 47 C.F.R. §§ 1.1200 et seq.
4

Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file comments
and reply comments on or before the dates indicated above.16 Comments may be filed using the
Commission’s Electronic Comment Filing System (ECFS).17
§
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.
§
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class
or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary,
Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
Additionally, filers must deliver courtesy copies by email to the following Commission staff:
§
The Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445
12th Street, S.W., Room CY-B402, Washington, D.C. 20554, 1-800-378-3160,
fcc@bcpiweb.com;
§
Jim Bird, Office of the General Counsel, at TransactionTeam@fcc.gov;
§
Jeff Tobias, Wireless Telecommunications Bureau, at Jeff.Tobias@fcc.gov;
§
Jodie May, Competition Policy Division, Wireline Competition Bureau, at
Jodie.May@fcc.gov;
§
David Krech, Policy Division, International Bureau, at David.Krech@fcc.gov;
§
Wayne McKee, Engineering Division, Media Bureau, at Wayne.McKee@fcc.gov;


16 47 C.F.R. §§ 1.415, 1.419.
17 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
5

§
Johanna Thomas, Industry Analysis Division, Media Bureau, at
Johanna.Thomas@fcc.gov.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
Further Information: Please contact Johanna Thomas at (202) 418-7551, Johanna.Thomas@fcc.gov,
or Marcia Glauberman at (202) 418-7046, Marcia.Glauberman@fcc.gov. Press inquiries should be
directed to Janice Wise at (202) 418-8165 or Janice.Wise@fcc.gov.
-FCC-
6

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