NCTA Keeping Three-Year Dual Carriage Vow
Operators Will Keep Promise Even If Court Challenge To FCC Succeeds
By Ted Hearn -- Multichannel News, 2/5/2008 7:15:00 AM
Washington – Major cable operators will comply for three years with federal rules that require duplicative carriage of some local TV stations even if cable programmers succeed in overturning the rules in court, National Cable & Telecommunications Association president Kyle McSlarrow said Tuesday.
“Notwithstanding what happens to the FCC rule [in court], our commitment stands,” McSlarrow told Multichannel News.
NCTA’s major cable operators include Comcast Corp, Time Warner Cable, Charter Communications, Cox Communications, and Cablevision Systems Corp.
Cable operators, McSlarrow said, could have gone to court with the programmers but decided against it.
“This was largely the product of the MSOs' making a commitment [on dual carriage to Congress]. Programmers weren’t a party to that and certainly weren’t bound by it,” McSlarrow said.
C-SPAN corporate vice president Bruce Collins declined to respond to McSlarrow’s statements.
At one time, NCTA had threatened a legal challenge based on duplicative carriage as a taking of private property without just compensation, violating the 5th Amendment in the Constitution. But it backed down after the FCC agreed to NCTA’s three-year sunset.
McSlarrow’s comments came a day after a group of major cable networks, including C-SPAN, Discovery Communications, and The Weather Channel, sued to overturn FCC regulations adopted last September that imposed new TV station carriage requirements on cable systems.
Under the rules, commercial TV stations that demand, rather than negotiate, access to cable systems are entitled to have their signals sent to cable homes in both analog and digital formats. The tiny number of all-digital cable systems don’t need to send an analog version, presumably because their customers have digital reception equipment connected to all their TVs.
Public TV stations -- which have only must carry rights – normally would have been covered by the FCC’s rules, but public TV stations represented by the Association of Public Television Stations forfeited their analog cable carriage rights in a private agreement with NCTA almost three years ago.
Cable systems don’t need to comply with the FCC’s dual carriage mandates until Feb. 18, 2009, the day after federal law requires TV stations to shut off their analog signals.
In 2005, NCTA’s cable operator members pledged to Congress that they would offer dual carriage instead of forcing consumers to lease set-top boxes to tune in digital must carry signals sent to the home.
Last year, NCTA’s MSO members made the same promise to the FCC, which codified it in its rules. But NCTA first had to overcome resistance from Republican FCC chairman Kevin Martin, who opposed a three-year sunset.
“Our plan reflected our commitment to Congress -- which had nothing to do with the FCC – which was we would try to make the transition as seamless for our customers as possible,” McSlarrow said.
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I hope the industry will communicate and merchandise what we are
doing, as the consumer benefits of dual-carriage are enormous.
As an industry which prides itself on a wide variety of viewing choices
though, this amounts to not just dual carriage, but triple carriage
[including HD] of the same product, diluting our value, with no
compensation.
If we don't reach out and collect the appreciation of our communities for
doing this, we will have carried the broadcasters water, again, for free!
Greg Bicket - 2/6/2008 8:54:00 AM EST -
I hope now McSlarrow and his cable members will accept the new rules for leased access that while falling far short of easing past inequities and mistreatment, will make future use of leased access much more like the ‘genuine outlet’ as prescribed by Congress than in the past.
For years the mantra cry of the cable industry has been for “a level playing fieldâ€, let’s only hope now they’re as willing to provide that same ‘level playing field’ to LAPers (leased access programmers) as they desire for themselves.
I commend the industry for keeping their pledge to Congress.
Charlie Stogner - 2/6/2008 8:18:00 AM EST
NCTA Keeps 3-Year Vow
02/08/2008Cable Can Sue Now Over Dual Must-Carry
02/01/2008FCC: Dual Carriage Will Last Three Years
09/16/2007Martin Looks To Ease Small Ops' Burden
04/13/2008Martin Pushes Dual Carriage
08/26/2007
