Notice2022-27662
Certain Digital Set-Top Boxes and Systems and Services Including the Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement; Termination of Investigation
Primary source
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Published
December 21, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 26) of the presiding administrative law judge ("ALJ") granting a joint motion to terminate the investigation as to the remaining respondents Altice USA, Inc. and CSC Holdings, LLC, both of Long Island City, New York, and Cablevision Systems Corp. of Bethpage, New York (collectively, "Altice") based on a settlement agreement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 244 (Wednesday, December 21, 2022)</title>
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[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78126-78127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27662]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1315]
Certain Digital Set-Top Boxes and Systems and Services Including
the Same; Notice of Commission Determination Not To Review an Initial
Determination Terminating the Investigation Based on a Settlement
Agreement; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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[[Page 78127]]
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 26) of the presiding administrative law judge
(``ALJ'') granting a joint motion to terminate the investigation as to
the remaining respondents Altice USA, Inc. and CSC Holdings, LLC, both
of Long Island City, New York, and Cablevision Systems Corp. of
Bethpage, New York (collectively, ``Altice'') based on a settlement
agreement. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#a3e6e7eaf090ebc6cfd3e3d6d0cad7c08dc4ccd5"><span class="__cf_email__" data-cfemail="682d2c213b5b200d0418281d1b011c0b460f071e">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On May 31, 2022, the Commission instituted
this investigation under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed
by Broadband iTV, Inc., of Austin, Texas (``BBiTV''). See 87 FR 32459
(May 31, 2022). The complaint alleges a violation of section 337 based
upon the importation into the United States, sale for importation, or
sale after importation into the United States of certain set-top boxes
and systems and services including the same by reason of infringement
of certain claims of U.S. Patent Nos. 9,866,909; 9,936,240; 11,277,669;
and 10,555,014 (``the '014 patent''). Id. The complaint further alleges
that a domestic industry exists. Id. The notice of investigation names
10 respondents, including: Comcast Corporation and Comcast Cable
Communications, LLC, both of Philadelphia, Pennsylvania, as well as
NBCUniversal Media, LLC of Universal City, California (collectively,
``the Comcast Respondents''); Charter Communications, Inc. of Stamford,
Connecticut and Charter Communications Operating, LLC, Charter
Communications Holding, Company, LLC, and Spectrum Management Holding,
Company, LLC, all of St. Louis, Missouri (collectively ``the Charter
Respondents''); and Altice. Id. The Office of Unfair Import
Investigations is not named as a party. Id.
The Commission previously terminated the investigation as to all
asserted patent claims of the '014 patent based on BBiTV's partial
withdrawal of the complaint. Order No. 18 (Sept. 9, 2022), unreviewed
by Comm'n Notice (Oct. 3, 2022).
The Commission also previously terminated the Comcast Respondents
and the Charter Respondents from the investigation based on partial
withdrawal of the complaint. Order No. 23 (Oct. 18, 2022), unreviewed
by Comm'n Notice (Nov. 14, 2022); Order No. 24 (Oct. 20, 2022),
unreviewed by Comm'n Notice (Nov. 14, 2022).
On November 1, 2022, BBiTV and Altice filed a joint motion to
terminate the investigation based on settlement. No response to the
unopposed motion was filed.
On November 15, 2022, the presiding ALJ issued the subject ID
(Order No. 26) granting the joint motion to terminate the
investigation. The subject ID finds that the joint motion complies with
Commission Rule 210.21(b)(1) (19 CFR 210.21(b)) and that no
extraordinary circumstances prevent denying the motion. The ID also
finds that termination of the investigation based on settlement would
not be contrary to the public interest. No party petitioned for review
of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 26). The investigation is terminated.
The Commission vote for this determination took place on December
14, 2022.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
Part 210).
By order of the Commission.
Issued: December 15, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-27662 Filed 12-20-22; 8:45 am]
BILLING CODE 7020-02-P
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