I. Introduction

In their Petition for Reconsideration,1 the Association for Maximum Service Television, Inc., and the National Association of Broadcasters (collectively, “NAB”), ask the Commission to reconsider its DTV must-carry waiver process for cable systems with 552 MHz or less of activated channel capacity.2 ACA opposes the Petition for
Reconsideration for the following reasons:

• Upgrade costs and capacity constraints compel a waiver process from the DTV must-carry requirements.
• The Commission’s waiver process significantly benefits consumers.
• The Commission has the statutory authority to grant waivers of the DTV must-carry requirements.
• Commission support for an exemption from the DTV must-carry requirements for capacity-constrained systems evidences the need for relief.

For these reasons, the Commission must deny NAB’s Petition for Reconsideration. About the American Cable Association. ACA represents nearly 1,100 small and medium-sized cable companies that serve more than 7 million cable subscribers, primarily in smaller markets and rural areas. ACA member systems are located in all 50 states. The companies range from family-run cable businesses serving a single town to multiple system operators with small systems in small markets. More than half of ACA's members serve fewer than 1,000 subscribers. All ACA members face the challenges of upgrading and operating broadband networks in lower-density markets.