FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,110
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conditions that may render the Commission's policy considerations for the enactment of the set top
integration ban significantly less important." Guam is situated between Hawaii (3,300 miles west) and
the Philippines (1,500 miles east), has a land mass of only 212 square miles, and has a population of
approximately 183,286.1" GCL asserts that the Guam set top box retail market is unique from other
markets in the United States.'L Guam lacks any large consumer electronics chain; further, the retailers
that do sell electronics have little incentive to dedicate inventory to cable set top boxes.'"
4. In addition to the consumer electronics distribution problem in Guam, GCL has recently
suffered an extended shortage of digital set top boxes from its sole supplier, making it difficult for GCL to
convert to all-digital technology."7 GCL believes it can better meet consumer demand if it were currently
able to deploy refurbished integrated set top boxes which are in ample supply." Moreover, the
availability of refurbished integrated set top boxes will decrease over time and more of the refurbished
boxes will be CableCARD compliant.19 For these reasons, GCL argues that it should be granted an
extension of the waiver of the ban on refurbished integrated set top boxes.
5. For the same reasons set forth in our two prior GCL waiver decisions, we find that the
company has effectively established the distinct factual situation in its service area.2 While the
Commission has not been persuaded by others who have made speculative claims that the integration ban
may impose a financial burden on their companies,- as we have found previously, the extraordinary
devastation in Guam over the past decade has created hardship for GCL.22 Since the original 2007 waiver
was granted, another typhoon hit Guam, causing more power outages, flooding, and damage to GCL's
infrastructure.' This overwhelming typhoon damage, when taken in the context of Guam's unique
consumer electronics retail market, leads us to find good cause for a waiver of the integration ban.
Indeed, as we have found previously, the situation in Guam presents "unique circumstances stemming
from delivering cable service in a typhoon-prone, underdeveloped market far from the contiguous 48
states."24 We therefore conclude that GCL has met the standard for waiver under Sections 1.3 and 76.7 of
13 Id. at 3. Guam is 15 hours ahead of the Eastern Time zone; thus, most programming is recorded for playback. Id.
14 THE CIA WORLD FACTBOOK - GUAM (2011), available at https://www.cia.gov/library/publications/the-world-
factbook/geos/gq.html; Guam Chamber of Commerce Home Page, http://www.guamchamber.com.gu; Guam Online
Home Page, http://Guam-OnLine.com.
"' GCL Extension Request at 4-5.
"7 d. at2.
'" Id. at 6.
21 See GCL Order, 22 FCC Rcd at 11749-50, 5-7; GCL Modification Order, 23 FCC Red at 10347.
21'Comcast Corporation Request for Waiver of Section 76.1204(a) (1) of the Commission's Rules, 22 FCC Red
17113, 17124-25, 17 (2007), pet. for review denied, Comcast Corp. v. FCC, 526 F.3d 763 (D.C. Cir. 2008).
22 GCL Order, 22 FCC Rcd at 11752.
23 GCL Extension Request at 3.
24 GCI., Order, 22 FCC Rcd at I 1752.
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/282/: accessed April 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.